SECTION 25. WARRANTY
Contractor warrants all Work under the Contract (which for purposes of this Section 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 year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) Days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at his sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency.
In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its 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 year period, commencing with the date of acceptance of such corrected Work. Contractor shall perform such tests as the City may require verifying that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. 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 the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the 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 the City for any expenses incurred hereunder upon demand. 464
12 SECTION 26. LAWS AND REGULATIONS
Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If the Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order.
If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, the Contractor shall be solely responsible for all costs arising there from. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
SECTION 27. PERMITS AND LICENSES
Contractor shall be responsible for securing, at its own expense, and paying for all permits and licenses necessary to perform the Work described herein.
SECTION 28. TRENCHING WORK
If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the Labor Code, including Section 6705. To this end, Contractor shall submit for City's review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
SECTION 29. HAZARDOUS MATERIALS AND DIFFERING CONDITIONS As required by Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.
SECTION 30. UNDERGROUND UTILITY FACILTIES
To the extent required by Section 4215 of the Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities. 465
13 SECTION 31. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), the Davis-Bacon Act of 1931 and 23 USC 113, which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Contractor agrees to fully comply with such Prevailing Wage Laws.
SECTION 32. APPRENTICEABLE CRAFTS
When Contractor employs workmen in an apprenticed craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticed occupations shall be with Contractor.
SECTION 33. HOURS OF WORK
Contractor is advised that eight (8) hours labor constitutes a legal day's work. Pursuant to Section 1813 of the Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.
SECTION 34. PAYROLL RECORDS
In accordance with the requirements of Labor Code Section 1776, Contractor shall keep accurate payroll records which are either on forms provided by the Division of Labor Standards Enforcement or which contain the same information required by such forms. Responsibility for compliance with Labor Code Section 1776 shall rest solely with Contractor, and Contractor shall make all such records available for inspection at all reasonable hours.
SECTION 35. CONTRACTOR’S LABOR CERTIFICATION
By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit "C" and incorporated herein by reference, shall be executed simultaneously with this Contract.
SECTION 36. LABOR AND MATERIAL RELEASES
Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the work governed by this Contract prior to final payment by City.
SECTION 37. EQUAL OPPORTUNITY EMPLOYMENT
Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the state or Federal Constitutions. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 466
14 SECTION 38. ANTI-TRUST CLAIMS
This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, the Contractor hereby offers and agrees to assign to the 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. Section 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 pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to the Contractor, without further acknowledgment by the parties.
SECTION 39. NOTICES
All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
CITY CONTRACTOR
City of Eastvale Ortiz Enterprises, Inc.
12363 Limonite Ave., Suite910 6 Cushing Ste 200
Eastvale, CA 91752 Irvine, CA 92618
Attn: Jimmy Chung, City Engineer Attn: Patrick A. Ortiz, President Any notice so given shall be considered received by the other party three (3) days after deposit in the U.S. Mail as stated above and addressed to the party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
SECTION 40. ENTIRE CONTRACT; MODIFICATION
This Agreement, including the attached Exhibits “A” through “F”, the advertised bid documents, associated addendas, is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreement or understandings, whether oral or written, or entered into between Contractor and City prior to the execution of the agreement. No prior statements, representations or other agreements, whether oral or written, made by any parties which are not embodied herein shall be valid and binding. No amendment to this Agreement shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.
SECTION 41. TIME IS OF THE ESSENCE
Time is of the essence in the performance of this Contract.
SECTION 42. ASSIGNMENT FORBIDDEN
Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee. 467
15 SECTION 43. GOVERNING LAW
This Contract shall be governed by the laws of the State of California.
SECTION 44. COUNTERPARTS
This Contract may be executed in counterparts, each of which shall constitute an original.
SECTION 45. SUCCESSORS
The parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.
SECTION 46. ATTORNEYS’ FEES
If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such action shall be entitled to have and recover from the losing party reasonable attorneys' fees and all other costs of such action.
SECTION 47. CLAIMS OF $375,000 OR LESS
Notwithstanding any other provision herein, claims of $375,000 or less shall be resolved pursuant to the alternative dispute resolution procedures set forth in Public Contracts Code 20104, et seq.
SECTION 48. PROHIBITED INTERESTS
A. Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.
B. Conflict of Interest. For the term of this Contract, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising there from.
SECTION 49. CERTIFICATION OF LICENSE
Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor's license of the classification indicated below under Contractor's signature.
IN WITNESS WHEREOF, each of the parties has caused this Contract to be executed on the day and year first above written.
468
16 CITY OF EASTVALE ORTIZ ENTERPRISES, INC.
By: _________________________ By: _________________________ Signature Signature
_________________________ _________________________
Name Name
_________________________ _________________________
Title Title
Attest: Attest:
_________________________ _________________________
City Clerk Secretary
_________________________
Classification of Contractor’s License
_________________________
Contractor’s License Number
469
EXHIBIT "A" PLANS AND SPECIFICATIONS
The following plans and specifications are incorporated into this Contract herein by this reference:
The work for which this proposal is submitted is for construction in conformance with these bid documents, including any addenda thereto, the contract annexed hereto, and also in conformance with the 2018 Edition of the Standard Specifications for Public Works Construction (Standard Specifications), Riverside County Transportation Department Improvement Standards and Specifications, latest edition, County Ordinance No. 461 and subsequent amendments, the California Department of Transportation Standard Plans and Specifications, 2018 Edition (State Standard) and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished.
The Plans and Specifications for the work are as follows:
Advertised bid documents and associated Addendas for:
470
EXHIBIT "B" BID PROPOSAL
The following Bid Proposal from (Contractor’s name) are incorporated into this Contract. [INSERT BID PROPOSAL]
471
EXHIBIT "C" SPECIAL CONDITIONS
Standard Erosion and Sediment Control Plan Notes:
1. Dust control shall conform to Section 10, “Dust Control”, Section 7-1.01F, “Air Pollution Control”, Section 17, “Watering”, and Section 18 “Dust Palliative” of the State Standard Specifications, Rules no. 401, 402, 403 and 403.1 of the South Coast Air Quality Management District (AQMD), Riverside County Code, Chapter 8.52, “Fugitive Dust Reduction Program For Coachella Valley”, all other applicable Federal and State laws, and the requirements set forth herein.
2. The Contractor is cautioned that failure to control fugitive dust may result in fines being levied by the South Coast Air Quality Management District to both the Contractor and the City of Eastvale, as owner. The Contractor shall be fully responsible for payment of all fines pertaining to air pollution control violations, resulting from Contractor’s operations related to the construction contract, which may be levied against both the Contractor and the City of Eastvale by the AQMD or other regulatory agencies. The Contractor’s attention is directed to Section 7-1.01, “Laws to be Observed” of the State Standard Specifications.
The cost of all fines levied against the City of Eastvale will be deducted from any moneys due or which may become due to the Contractor, unless other payment arrangements are made by the Contractor.
3. Dust control of all of the contractor’s operations is required 24 hours per day, 7 days a week for the duration of the contract, and until the disturbed soil is permanently stabilized.
The Contractor shall take every precaution to prevent emissions of fugitive dust from the project site, from locations of stockpiled materials, from unpaved driving surfaces, from haul vehicles, from inactive construction areas, and from all other operations of the Contractor. The Contractor shall plan for and carry out proper and efficient measures to prevent his operations from producing dust in amounts damaging to property or which constitute a public nuisance, or which cause harm to person living or working in the vicinity of the work. Of particular concern are emissions of PM10 particles, which are fine particulate matter of 10 microns or less and which are associated with sickness and death from respiratory disease.
4. The Contractor shall respond to complaints by mobilizing equipment and personnel at the construction site within 2 hours of each complaint to control fugitive dust.
5. Attention is directed to AQMD Rule 403.1, which applies to all contracts within the City of Eastvale. That AQMD Rule requires the Contractor to take specified dust control actions when prevailing wind speeds exceed 25 miles per hour. Wind forecasts, AQMD Rules and other related information are provided by AQMD at 1-800-CUT-SMOG and at www.aqmd.gov.
6. The Contractor shall utilize the “Best Available Control Measures” of controlling fugitive dust, as prepared by the AQMD. However, if fugitive dust crosses the project boundary, more effective control measures, including the “Best Available Control Measures” shall be implemented.
7. A site specific fugitive dust control plan shall be submitted to the City Engineer for review and approval at least 10 days prior to the start of construction.
8. The fugitive dust control plan shall include the “Reasonably Available Control Measures” and “Best Available Control Measures” of controlling fugitive dust, as may be appropriate and necessary, including by not limited to watering, application of chemical dust 472
20 suppressants, wind fencing, covering of haul vehicles, haul vehicle bed-liners, grading, planting of vegetation, the use of a 24 hour environmental observer, and track-out controls at locations where unpaved construction accesses intersect with paved roads. The use of chemical stabilizers, which are approved by all environmental regulatory agencies, and the use of reclaimed water is encouraged. If water is intended as a primary dust control tool, the dust control plan shall provide for at least one 2,000 gallon water truck for every 4 acres of disturbed soil, unless otherwise approved by the City Engineer.
9. If the Project Inspector determines that the project scope and the forecasted weather conditions are such that the Contractor’s work is unlikely to be a source of dust emissions, the Construction Engineer has the authority to waive the requirements for submittal of a dust control plan and for placement of the dust control signs described herein. However, the Contractors responsibilities for the control of fugitive dust and the other requirements of this section may not be waived.
10. A completion notice will not be filled, and the final payment will not be made to the Contractor until the areas of disturbed soil on the construction site, including roadway shoulders, are suitable stabilized for long term control of fugitive dust.
11. This signature of the Contractor on the Proposal constitutes acknowledgement by the Contractor of the dust control enforceability of those requirements.
12. Full compensation for conformance with these dust abatement requirements, including lab equipment and materials, developing water supply and incidentals, shall be considered as included in items of work, and no additional compensation will be allowed therefore.
13. The successful Contractor shall attend an AQMD PM10 Dust Control Program training session, and furnish evidence of attendance to the City Engineer. Attendance at AQMD training seminars can be scheduled the AQMD at 1-866-861-DUST or by email to [email protected]. Current AQMD certification of previous attendance will be accepted. At that training session, the successful Contractor will be furnished with the AQMD prepared Rule 403 and Rule 403.1 implementation handbooks, which include the Best Available Control Measures” and “Reasonably Available Control Measures”, and other associated information, including a listing of suggested dust control related to devices, material and chemicals.
14. Any days on which the Contractor is prevented from working, due to the requirements of AQMD Rules, will be considered as non-working days, in accordance with Section 8-1.06, “Time of Completion” of the State Standard Specification. 473
EXHIBIT "D" CERTIFICATION LABOR CODE-SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700 et seq. of the Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.
[INSERT CONTRACTOR'S NAME]
By:
[INSERT NAME]
[INSERT TITLE]
474
EXHIBIT “E” CONTRACT MODIFICATIONS
None
475
EXHIBIT “F” SUPPLEMENTAL REQUIREMENTS
[INSERT ANY OTHER FORMS/PROVISION]
476
24 FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, THE CITY OF EASTVALE, hereinafter designated as the “City”, entered into a Contract dated ____________________________________, 20__, with ________________________________________________ hereinafter designated as the “Contractor” for the work described as follows:
______________________________ Project
WHEREAS, the said Contractor is required under terms of said Contract to furnish a bond for the faithful performance of said Contract;
WHEREAS, the Contract is by reference made a part hereof; NOW, THEREFORE, we, ________________________________________________ the undersigned Contractor, as Principal, and ____________________________________ (corporate surety), a corporation organized and existing under the laws of the State of ________________________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of __________________________________ dollars ($___________________), lawful money of the United States, said sum being not less than one hundred (100) percent of the total Contract amount, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, THAT, if the above bounded Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the said Contract and any alterations thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.
As a condition precedent to the satisfactory completion of the said Contract, the above obligation in said amount shall hold good for a period of one (1) year after the completion and acceptance of the said work, during which time if the above bounded Contractor, his or its heirs, executors, administrators, successors or assigns shall fail to make full, complete, and satisfactory repair and replacements or totally protect the City from loss or damage made evident during said period of one year from the date of acceptance of said work, and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, the above obligation in the said sum shall remain in full force and effect. However, anything in this paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Contractor remains.
And the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder 477
25 or the specifications accompanying the same shall, in any way, affect its obligations on this bond and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including reasonable attorney’s fees to be fixed by the Court.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of _______________________, 20__.
____________________________________ ____________________________________ Name of Surety Contractor
By:_________________________________
Title: _______________________________
____________________________________
Mailing Address of Surety and
_____________________________________ By:_________________________________ Telephone No. of Surety Title: _______________________________ By: _________________________________
Attorney in Fact
NOTE: If Contractor is Partnership, all parties must execute Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in California.
NOTICE: The signature of the Surety on this bond must be acknowledged before a notary public, and this bond must be accompanied by evidence of the signatory’s appointment as attorney in fact and authority to bind the Surety.
MANDATORY: The Surety shall be authorized and licensed by the California Insurance Commissioner as an “admitted surety insurer.” (See Cal. Code Civ. Proc. § § § 995.310, 995.311, 995.320) APPROVAL: Bonds must be approved by the City. In order to verify the status of the Surety as an admitted surety, the Surety shall provide the City with at least one of the following: (1) a print-out of information from the web-site of the Department of Insurance confirming the Surety is an admitted surety insurer and attaching it to the bond; or (2) a certificate from the Riverside County Clerk that the certificate of authority of the Surety has not been surrendered, revoked, cancelled, annulled or suspended and confirming that the Surety is an admitted surety and attaching the certificate to the bond. (See Cal. Code Civ. Proc. Code § 995.311). 478
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, THE CITY OF EASTVALE, hereinafter designated as the “City”, has awarded to _______________________________________________, hereinafter designated as the “Contractor” a Contract for the work described as follows:
_________________________________ Project
WHEREAS, the Contractor is required by the Contract and by the provisions of Division Third, Part 4, Title 15, Chapter 7 of the Civil Code to furnish a bond in connection with the Contract, as hereinafter set forth.
NOW, THEREFORE, we, ________________________________________________, the undersigned Contractor, as Principal, and ______________________________________, a corporation organized and existing under the laws of the State of ______________________ duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the ________________________ in the sum of _____________________ dollars ($____________________) said sum being not less than one hundred (100) percent of the total Contract amount payable by the city, under the terms of the Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, THAT, if the Contractor, his or its heirs, executors, administrators, successors and assigns or subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams, implements or machinery used in, upon, for or about the performance of the work contracted to be done, or shall fail to pay for any work or labor thereon of any kind, or shall fail to pay any persons named in Civil Code section 3181, or shall fail to pay for amounts due under the Unemployment Insurance Code with respect to such work or labor as required by the provisions of Division Third, Part 4, Title 15, Chapter 7 of the Civil Code, or shall fail to pay for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work or labor, and provided that the claimant shall have complied with the provisions of that Code, the Surety or Sureties hereon will pay for the same in amount not exceeding the sum specified in the Contract, otherwise the above obligation shall be void. In case suit is brought upon this bond, the Surety will pay all court costs, expenses and reasonable attorney’s fee to the prevailing party to be fixed by the court.
This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 3181 of the Civil Code, so as to give a right of action to them or to their assigns in any suit brought upon this bond.
And the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contractor to the work or to the specifications.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _________ day of ___________________________, 20__.
479
27 ____________________________________ ____________________________________ Name of Surety Contractor
By:_________________________________
Title: _______________________________
____________________________________
Mailing Address of Surety and
_____________________________________ By:_________________________________ Telephone No. of Surety Title: _______________________________ By: _________________________________
Attorney in Fact
NOTE: If Contractor is Partnership, all parties must execute Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in California.
NOTICE: The signature of the Surety on this bond must be acknowledged before a notary public, and this bond must be accompanied by evidence of the signatory’s appointment as attorney in fact and authority to bind the Surety.
MANDATORY: The Surety shall be authorized and licensed by the California Insurance Commissioner as an “admitted surety insurer.” (See Cal. Code Civ. Proc. § 995.311) APPROVAL: Bonds must be approved by the City. In order to verify the status of the Surety as an admitted surety, the Surety shall provide the City with at least one of the following: (1) a print-out of information from the web-site of the Department of Insurance confirming the Surety is an admitted surety insurer and attaching it to the bond; or (2) a certificate from the Riverside County Clerk that the certificate of authority of the Surety has not been surrendered, revoked, cancelled, annulled or suspended and confirming that the Surety is an admitted surety and attaching the certificate to the bond. (See Cal. Code Civ. Proc. Code § 995.311). 480
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17336.02600\32593628.1
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1 Agreement No. 23-72-096-00
AGREEMENT FOR THE FUNDING OF
MEASURE A REGIONAL ARTERIAL IMPROVEMENTS
WITH THE CITY OF EASTVALE
1. Parties and Date.
1.1 This Agreement is executed and entered into thi s day of , 2023, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION (“RCTC”) and CITY OF EASTVALE (“City”). RCTC and City are sometimes collectively referred to herein as the “Parties”.
2. Recitals.
2.1 RCTC is a county transportation commission crea ted and existing pursuant to California Public Utilities Code Sections 130053 and 130053.5.
2.2 On November 5, 2002 the voters of Riverside Cou nty approved Measure A authorizing the collection of a one-half percent (1 /2%) retail transactions and use tax to fund transportation programs and improvements within the County of Riverside, and adopting the Riverside County Transportation Improvement Plan (the “Plan”).
2.3 The Plan establishes funding for any improved R egional Arterial System to be funded by a mix of measure A and Transportation Uniform Mitigation Fees (TUMF) revenues.
2.4 Pursuant to Public Utility Code Sections 240000 et seq., RCTC is authorized to allocate the proceeds of the Measure A tax in furtherance of the Plan.
2.5 RCTC intends, by this Agreement, to distribute Measure A Regional Arterial (“MARA”) Funds, subject to the conditions provided herein, and to participate in the joint development of the Project, as defined herein.
3. Terms.
3.1 Description of Project. This Agreement is inte nded to distribute MARA Funds to the City for the Limonite Avenue Gap Closure Project, ( the “Project”). The Project, including a timetable and a detailed scope of work, is more fully described in Exhibit “A” attached hereto and, pursuant to Section 3.15 below, is subject to modification as requested by the City and approved by RCTC. The Project shall be consistent with one or more of the defined RCTC Call for Projects phases detailed herein as follows:
1) CONS – Construction
The Project phase(s) funded pursuant to this Agreement shall be consistent with the City’s Call for Projects Nomination Form submitted to the RCTC. It is understood and agreed that the City shall 517
17336.02600\32593628.1
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2 expend MARA Funds only as set forth in this Agreement and only for the Project. To this end, any use of funds provided pursuant to this Agreement sh all be subject to the review and approval of RCTC.
3.2 RCTC Funding Amount. RCTC hereby agrees to dis tribute to the City, on the terms and conditions set forth herein, a sum not to excee d Thirteen Million, Five Hundred Thousand Dollars ($13,500,000) (“Funding Amount”), to be use d exclusively for reimbursing the City for eligible Project expenses as described herein. The City acknowledges and agrees that the Funding Amount may be less than the actual cost of the Project, and that RCTC shall not contribute MARA Funds in excess of the maximum authorized in this section.
3.2.1 Eligible Project Costs. The total Project co sts (“Total Project Cost”) may include the following items, provided that such items are included in the scope of work attached as Exhibit “A”: (1) City and/or consultant costs associated with direct Project coordination and support; (2) construction costs, including change orders to construction contract approved by the City; and (3) construction management, field inspection and material testing costs.
3.2.2 Ineligible Project Costs. The Total Project Cost shall not include the following items which shall be borne solely by the City without reimbursement: (1) City administrative costs; (2) City costs attributed to the preparation of invoices, billings and payments; (3) any City fees attributed to the processing of the Project; and (4) expenses for items of work not included within the scope of work in Exhibit “A.”
3.2.3 Increases in Project Funding. The Funding A mount may, in RCTC’s sole discretion, be augmented with additional MARA Funds. Any such increase in the Funding Amount must be approved in writing by RCTC’s Executive Dir ector. No such increased funding shall be expended to pay for any Project work already comple ted. For purposes of this Agreement, the Project or any portion thereof shall be deemed complete upon its acceptance by RCTC’s Executive Director.
3.2.4 Cost Savings. In the event that bids for the Project are lower than anticipated, or there are cost savings for any other reason, the Funding Amount shall be reduced as follows: cost savings shall be applied proportionately to each funding source listed in Exhibit “A” for the Project.
The City shall inform RCTC of any cost savings and the Parties shall amend this Agreement to reflect the revised Funding Amount. RCTC’s Executi ve Director and the City Manager shall be authorized to execute any such amendment.
3.2.5 No Funding for Temporary Improvements. Only segments or components of the Project that are intended to form part of or be integrated into the Project may be funded by MARA Funds. No improvement which is temporary in n ature, including but not limited to temporary roads, curbs, or drainage facilities, shall be funded with MARA Funds except as needed for staged construction of the Project.
3.3 City’s Funding Obligation to Complete the Proje ct. In the event that the MARA Funds allocated to the Project represent less than the total cost of the Project, the City shall provide such additional funds as may be required to complete the Project as described in Exhibit “A”.
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3 3.3.1 City’s Obligation to Repay MARA Funds to RCTC . In the event that: (i) the City, for any reason, determines not to proceed with or complete the Project; or (ii) the Project is not timely completed, subject to any extension of time granted by RCTC pursuant to Section 3.15; the City agrees that any MARA Funds that were distributed to the City for the Project shall be repaid in full to RCTC. The Parties shall enter into good fa ith negotiations to establish a reasonable repayment schedule and repayment mechanism which may include, but is not limited to, withholding of Measure A Local Streets and Roads revenues. The City acknowledges and agrees that RCTC shall have the right to withhold any Measure A Local Streets and Roads revenues due the City, in an amount not to exceed the total of the funds distrib uted to the City, and/or initiate legal action to compel repayment, if the City fails to repay RCTC within a reasonable time period not to exceed 180 days from receipt of written notification from RCTC that repayment is required.
3.3.2 City’s Local Match Contribution. The City sh all provide at least Thirteen Million, Nine Hundred Forty-Eight Thousand, Four Hundred Fifty Dollars ($13,948,450) of funding toward the Project, as shown in Exhibit “A” and as called out in the City’s Project Nomination Form submitted to RCTC in response to its Call for Projects.
3.4 Project Responsibilities of the City. The City shall be responsible for the following aspects of the Project, in compliance with state and federal law provided that such items are included in the Project scope of work attached as Exhibit “A ”: (i) all aspects of bidding, awarding, and administration of the contracts for the Project; (ii) all construction management of any construction activities undertaken in connection with the Project, including survey and material testing; and (iii) development of a budget for the Project prior to aw ard of any contract for the Project, taking into consideration available funding, including MARA Funds.
3.5 Term/Notice of Completion. The term of this Ag reement shall be from the date first herein above written until: (i) the date RCTC formally accepts the Project as complete, pursuant to Section 3.2.3; (ii) termination of this Agreement pursuant to Section 3.9; or (iii) the City has fully satisfied its obligations under this Agreement, “including full repayment of MARA Funds to RCTC as provided herein.” All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.
3.6 Representatives of the Parties. RCTC’s Executi ve Director, or his or her designee, shall serve as RCTC’s representative and shall have the authority to act on behalf of RCTC for all purposes under this Agreement. The City hereby des ignates the City Manager, or his or her designee, as the City’s representative to RCTC. The City’s representative shall have the authority to act on behalf of the City for all purposes under this Agreement and shall coordinate all activities of the Project under the City’s responsibility. The C ity shall work closely and cooperate fully with RCTC’s representative and any other agencies which may have jurisdiction over or an interest in the Project.
3.7 Expenditure of Funds by City Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the City from expending funds on the Project prior to the execution of the Agreement, or from being reimbursed by RCTC for such expenditures.
However, the City understands and acknowledges that any expenditure of funds on the Project prior to the execution of the Agreement is made at the City’s sole risk, and that some expenditures by the City may not be eligible for reimbursement under this Agreement.
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4 3.8 Review of Services. The City shall allow RCTC’ s Representative to inspect or review the progress of the Project at any reasonable time in order to determine whether the terms of this Agreement are being met.
3.9 Termination. This Agreement may be terminated for cause or convenience as further specified below.
3.9.1 Termination for Convenience.
3.9.1.1 Notice. Either RCTC or the City may, by w ritten notice to the other party, terminate this Agreement, in whole or in par t, for convenience by giving thirty (30) days' written notice to the other party of such termination and specifying the effective date thereof.
3.9.1.2 Effect of Termination for Convenience. I n the event that the City terminates this Agreement for convenience, the City shall, within 180 days, repay to RCTC in full all MARA Funds provided to the City under this Agreement. In the event that RCTC terminates this Agreement for convenience, RCTC shall, within 90 days, distribute to the City MARA Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the City regarding the Work at the time of the notice of termination; provided, however, that RCTC shall be entitled to exercise its rights under Section 3.14.2, including but not limited to conducting a review of the invoices and requesting additional information. This Agreement shall terminate upon receipt by the non-terminating party of the amounts due it under this Section 3.9.1.2.
3.9.2 Termination for Cause.
3.9.2.1 Notice. Either RCTC or the City may, by w ritten notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach.
During the 30 day cure period, the Parties shall di scuss, in good faith, the manner in which the breach can be cured.
3.9.2.2 Effect of Termination for Cause. In the event that the City terminates this Agreement in response to RCTC's uncured material breach hereof, RCTC shall, within 90 days, distribute to the City MARA Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the City regarding th e Project at the time of the notice of termination. In the event that RCTC terminates thi s Agreement in response to the City's uncured material breach hereof, the City shall, within 180 days, repay to RCTC in full all MARA Funds provided to the City under this Agreement. Notwith standing termination of this Agreement by RCTC pursuant to this Section 3.9.2.2, RCTC shall be entitled to exercise its rights under Section
3.14.2, including but not limited to conducting a r eview of the invoices and requesting additional information. This Agreement shall terminate upon receipt by the terminating party of the amounts due it under this Section 3.9.2.2.
3.9.3 Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement.
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5 3.10 Prevailing Wages. The City and any other pers on or entity hired to perform services on the Project are alerted to the requirements of California Labor Code Sections 1770 et seq., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The City shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Project. The City shall defend, indemnify, and hold harmless RCTC, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys, fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et seq.
3.11 Progress Reports. RCTC may request the City t o provide RCTC with progress reports concerning the status of the Project.
3.12 Indemnification.
3.12.1 City Responsibilities. In addition to the i ndemnification required under Section 3.10, the City agrees to indemnify and hold harmless RCTC, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to any act of the City or its subcontractors whatsoever, regardless of fault, including negligent acts, errors or omissions or willful misconduct, except that caused by the sole negligence of RCTC. The City will reimburse RCTC for any expenditures, including reasonable attorneys’ fees, incurred by RCTC, in defending against claims ultimately determined to be due to any act of the City or its subcontractors whatsoever, regardless of fault, including negligent acts, errors or omissions or willful misconduct, except that caused by the sole negligence of RCTC.
3.12.2 Effect of Acceptance. The City shall be res ponsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Project.
RCTC’s review, acceptance or funding of any services performed by the City or any other person or entity under this agreement shall not be construed to operate as a waiver of any rights RCTC may hold under this Agreement or of any cause of action arising out of this Agreement. Further, the City shall be and remain liable to RCTC, in accordance w ith applicable law, for all damages to RCTC caused by the City’s performance of this Agreement or supervision of any services provided to complete the Project.
3.13 Insurance. The City shall require, at a minim um, all persons or entities hired to perform the Project to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the City and RCTC. Such insurance shall be maintained throughout the term of this Agreement, o r until completion of the Project, whichever occurs last.
3.13.1 Commercial General Liability Insurance. Occ urrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $2,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall:
3.13.1.1 Name RCTC and City, and their respective o fficials, officers, employees, agents, and consultants as insured with respect to performance of the services on the 521
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6 Project and shall contain no special limitations on the scope of coverage or the protection afforded to these insured;
3.13.1.2 Be primary with respect to any insurance o r self insurance programs covering RCTC and City, and/or their respective officials, officers, employees, agents, and consultants; and
3.13.1.3 Contain standard separation of insured pro visions.
3.13.2 Business Automobile Liability Insurance. Bu siness automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.
3.13.3 Professional Liability Insurance. Errors and omissions liability insurance with a limit of not less than $1,000,000.00 Professional liability insurance shall only be required of design or engineering professionals.
3.13.4 Workers’ Compensation Insurance. Workers’ co mpensation insurance with statutory limits and employers’ liability insurance with limits of not less than $1,000,000.00 each accident.
3.14 Procedures for Distribution of MARA Funds to City.
3.14.1 Initial Payment by the City. The City shall be responsible for initial payment of all the Project costs as they are incurred. Following payment of such Project costs, the City shall submit invoices to RCTC requesting reimbursement of eligible Project costs. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to the City, and documents evidencing the City’s payment of the invoices or demands for payment. The City shall submit invoices not more often than monthly and not less often than quarterly.
3.14.2 Review and Reimbursement by RCTC. Upon receipt of an invoice from the City, RCTC may request additional documentation or explanation of the Project costs for which reimbursement is sought. Undisputed amounts shall be paid by RCTC to the City within thirty (30) days. In the event that RCTC disputes the eligibility of the City for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute. If the meet and confer process is unsuccessful in resolvin g the dispute, the City may appeal RCTC’s decision as to the eligibility of one or more invoices to RCTC’s Executive Director. The City may appeal the decision of the Executive Director to the full RCTC Board, the decision of which shall be final. Additional details concerning the procedure for the City’s submittal of invoices to RCTC and RCTC’s consideration and payment of submitted invoi ces are set forth in Exhibit “C”, attached hereto.
3.14.3 Funding Amount/Adjustment. If a post Project audit or review indicates that RCTC has provided reimbursement to the City in an a mount in excess of the maximum MARA Funds provided for in section 3.2 of this Agreement , or has provided reimbursement of ineligible Project costs, the City shall reimburse RCTC for the excess or ineligible payments within 30 days of notification by RCTC.
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7 3.15 Project Amendments. Changes to the characteri stics of the Project, including the deadline for Project completion, and any responsibilities of the City or RCTC may be requested in writing by the City and are subject to the approval of RCTC’s Representative, which approval will not be unreasonably withheld, provided that extensions of time for completion of the Project shall be approved in the sole discretion of RCTC’s Represent ative. Nothing in this Agreement shall be construed to require or allow completion of the Project without full compliance with the California Environmental Quality Act (Public Resources Code Se ction 21000 et seq. ; “CEQA”) and the National Environmental Policy Act of 1969 (42 USC 4231 et seq .), but the necessity of compliance with CEQA and NEPA shall not justify, excuse, or permit a delay in completion of the Project.
3.16 Conflict of Interest. For the term of this Ag reement, no member, officer or employee of the City or RCTC, during the term of his or her service with the City or RCTC, as the case may be, shall have any direct interest in this Agreemen t, or obtain any present or anticipated material benefit arising therefrom.
3.17 Limited Scope of Duties. RCTC’s and the City’ s duties and obligations under this Agreement are limited to those described herein. RCTC has no obligation with respect to the safety of any Project performed at a job site. In addition, RCTC shall not be liable for any action of City or its contractors relating to the condemnation of property undertaken by City or construction related to the Project.
3.18 Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Project under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vou chers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement. Further, each party sh all furnish to the other party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least three (3) years following termination of this Agree ment, and they shall have access to such information during the three-year period for the purposes of examination or audit.
3.19 Equal Opportunity Employment. The Parties rep resent that they are equal opportunity employers and they shall not discrimina te against any employee or applicant of reemployment because of race, religion, color, nati onal origin, ancestry, sex or age. Such non- discrimination shall include, but not be limited to , all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
3.20 Governing Law. This Agreement shall be govern ed by and construed with the laws of the State of California. Venue shall be in Riverside County.
3.21 Attorneys’ Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and costs of suit.
3.22 Time of Essence. Time is of the essence for e ach and every provision of this Agreement.
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8 3.23 Headings. Article and Section Headings, parag raph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein.
3.24 Notification. All notices hereunder and commu nications regarding interpretation of the terms of the Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
CITY OF EASTVALE RCTC
12363 Limonite Ave., Suite 910 Riverside County Tr ansportation Commission Eastvale, CA 91752 4080 Lemon, 3
rd Floor
Mailing address: P.O. Box 12008
Riverside, CA 92501
ATTN: City Manager ATTN: Executive Director
Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service.
3.25 Conflicting Provisions. In the event that pro visions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties’ understanding concerning the performance of the Services.
3.26 Contract Amendment. In the event that the Par ties determine that the provisions of this Agreement should be altered, the Parties may e xecute a contract amendment to add any provision to this Agreement, or delete or amend any provision of this Agreement. All such contract amendments must be in the form of a written instrum ent signed by the original signatories to this Agreement, or their successors or designees.
3.27 Entire Agreement. This Agreement constitutes the entire agreement between the Parties relating to the subject matter hereof and s upersedes any previous agreements or understandings.
3.28 No Waiver. Failure of RCTC to insist on any o ne occasion upon strict compliance with any of the terms, covenants or conditions here of shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times.
3.29 Validity of Agreement. The invalidity in whol e or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
3.30 Independent Contractors. Any person or entiti es retained by the City or any contractor shall be retained on an independent contractor basis and shall not be employees of RCTC.
Any personnel performing services on the Project shall at all times be under the exclusive direction 524
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9 and control of the City or contractor, whichever is applicable. The City or contractor shall pay all wages, salaries and other amounts due such personne l in connection with their performance of services on the Project and as required by law. The City or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers’ compensation insurance.
3.31 Survival. All rights and obligations hereunde r that by their nature are to be performed after any expiration or termination of this Agreeme nt shall survive any such expiration or termination.
3.32 No Third Party Beneficiaries. There are no in tended third party beneficiaries of any right or obligation assumed by the Parties.
3.33 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.34 Electronically Transmitted Signatures. A manu ally signed copy of this Agreement which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an origin al executed copy of this Agreement for all purposes.
[Signatures on following page]
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10 SIGNATURE PAGE
TO
AGREEMENT FOR THE FUNDING OF
MEASURE A REGIONAL ARTERIAL IMPROVEMENTS
RIVERSIDE COUNTY CITY OF EASTVALE
TRANSPORTATION COMMISSION
By: By: ________________________ Anne Mayer, Executive Director Mark Orme, C ity Manager
ATTEST:
By: ________________________
Marc Donohue, City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: _________________________________ By: ________ _________________ Best, Best & Krieger Erica Vega, City At torney Counsel to the Riverside County
Transportation Commission
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Exhibit A
EXHIBIT “A”
SCOPE OF WORK,
FUNDING AND TIMETABLE
SCOPE OF WORK: Construct a four-lane roadway that will close the gap in Limonite Avenue from Archibald Avenue in the east and Kimball Avenue in the west. Includes a 300-foot bridge over Cucamonga Creek Channel that traverses north-south through the project alignment.
Construct multi-use paths along both sides of the roadway to extend non-motorized access.
FUNDING:
PHASE MARA Fund LOCAL/TUMF
State SB 1 LPP-C TOTAL
CONSTRUCTION $13,500,000 $4,473,450 $9,475,000 $27, 448,450
TOTAL $13,500,000 $4,473,450 $9,475,000 $27,448,450
TIMETABLE: Provide at a minimum the beginning and ending dates for each phase of work including major milestones within a phase.
PHASE START DATE END DATE COMMENTS
Construction 08 /2 023 02/2025 260 Working Days
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Exhibit B
EXHIBIT “B”
PROJECT LOCATION MAP
528
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Exhibit C
EXHIBIT “C”
PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES
1. RCTC recommends that the City incorporate Exhib it “C-1” into its contracts with any subcontractors to establish a standard method for preparation of invoices by contractors to the City and ultimately to RCTC for reimbursement of City contractor costs.
2. Each month the City shall submit an invoice for eli gible Project costs incurred during the preceding month. The original invoice shall be sub mitted to RCTC’s Executive Director with a copy to RCTC’s Project Coordinator. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit “C-2”.
3. Each invoice shall include documentation from each contractor used by the City for the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or consultant for the month and for the entire Project to date. A sample progress report is attached as Exhibits “C-4”. All documentation from the City’s contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit “C-3”.
4. If the City is seeking reimbursement for direct expenses incurred by City staff for eligible Project costs, the City shall detail the same level of information for its labor and any expenses in the same level of detail as required of contractors pursuant to Exhibit “C” and its attachments.
5. Charges for each task and milestone listed in E xhibit “A” shall be listed separately in the invoice.
6. Each invoice shall include a certification sign ed by the City Representative or his or her designee which reads as follows:
“I hereby certify that the hours and salary rates submitted for reimbursement in this invoice are the actual hours and rates worked and paid to the consultants or contractors listed.
Signed ________________________________
Title __________________________________
Date __________________________________
Invoice No. ____________________________
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Exhibit C
7. RCTC will pay the City within 30 days after rec eipt by the Commission of an invoice. If RCTC disputes any portion of an invoice, payment for that portion will be withheld, without interest, pending resolution of the dispute, but the uncontested balance will be paid.
8. The final payment under this Agreement will be made only after: (i) the City has obtained a Release and Certificate of Final Payment from each contractor or consultant used on the Project ; (ii) the City has executed a Release and Certificate of Final Payment; and (iii) the City has provided copies of each such Release to RCTC.
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Exhibit “C-1”
EXHIBIT “C-1”
ELEMENTS OF COMPENSATION
For the satisfactory performance and completion of the Project under this Agreement, City will pay the Consultant compensation as set forth herein. The total compensation for this service shall not exceed (_____INSERT WRITTEN DOLLAR AMOUNT ___) ($___INSERT NUMERICAL DOLLAR AMOUNT___) without written approval of City’s City Engineer (“Total Compensation”).
1. ELEMENTS OF COMPENSATION.
Compensation for the Project will be comprised of the following elements: 1.1 Direct Labor Costs; 1.2 Fixed Fee; and 1.3 Additional Direct Costs.
1.1 D
IRECT LABOR COSTS .
Direct Labor costs shall be paid in an amount equal to the product of the Direct Salary Costs and the Multiplier which are defined as follows:
1.1.1 DIRECT SALARY COSTS
Direct Salary Costs are the base salaries and wag es actually paid to the Consultant's personnel directly engaged in performance of the Project under the Agreement. (The range of hourly rates paid to the Consultant's personnel appears in Section 2 below.)
1.1.2 MULTIPLIER
The Multiplier to be applied to the Direct Salary Costs to determine the Direct Labor Costs is _________________, and is the sum of the following components:
1.1.2.1 Direct Salary Costs ____________________
1.1.2.2 Payroll Additives ____________________
The Decimal Ratio of Payroll Additives to Direct Sa lary Costs . Payroll Additives include all employee benefits, allowances for vacat ion, sick leave, and holidays, and company portion of employee insurance and social and retirement benefits, all federal and state payroll taxes, premiums for insurance which are measured by payroll costs, and other contributions and benefits imposed by applicable laws and regulations.
532
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Exhibit “C-1”
1.1.2.3 Overhead Costs ____________________
The Decimal ratio of Allowable Overhead Costs to th e Consultant Firm's Total Direct Salary Costs. Allowable Overhead Costs include general, administrative and overhead costs of maintaining and operating established offices, and consistent with established firm polic ies, and as defined in the Federal Acquisitions Regulations, Part 31.2.
Total Multiplier ____________________
(sum of 1.1.2.1, 1.1.2.2, and 1.1.2.3)
1.2 F
IXED FEE .
1.2.1 A Fixed Fee of _______________ shall be paid to Consultant for Consultant’s complete and satisfactory performance of this Agreement and all Services required.
The Fixed Fee shall be paid in monthly installments based upon the percentage of the Services completed at the end of each billing perio d, as determined in the sole discretion of the City. Consultant shall not be entitled to and shall forfeit any portion of the Fixed Fee not earned as provided herein.
1.2.2 A pro-rata share of the Fixed Fee shall be ap plied to the total Direct Labor Costs expended for services each month, and shall be included on each monthly invoice.
1.3 A
DDITIONAL DIRECT COSTS .
Additional Direct Costs directly identifiable to th e performance of the services of this Agreement shall be reimbursed at the rates below, or at actual invoiced cost.
Rates for identified Additional Direct Costs are a s follows:
ITEM REIMBURSEMENT RATE
[___insert charges___]
Per Diem $ /day
Car mileage $ /mile
Travel $ /trip
Computer Charges $ /hour
Photocopies $ /copy
Blueline $ /sheet
LD Telephone $ /call
Fax $ /sheet
Photographs $ /sheet
Travel by air and travel in excess of 100 miles from the Consultant's office nearest to City’s office must have City’s prior written approval to be reimbursed under this Agreement. 533
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Exhibit “C-1”
2. DIRECT SALARY RATES
Direct Salary Rates, which are the range of hourly rates to be used in determining Direct Salary Costs in Section 1.1.1 above, are given below and are subject to the following:
2.1 Direct Salary Rates shall be applicable to both str aight time and overtime work, unless payment of a premium for overtime work is re quired by law, regulation or craft agreement, or is otherwise specified in this Agreement. In such event, the premium portion of Direct Salary Costs will not be subject to the Multiplier defined in Paragraph 1.1.2 above.
2.2 Direct Salary Rates shown herein are in effect for one year following the effective date of the Agreement. Thereafter, they may be adj usted annually to reflect the Consultant's adjustments to individual compensation . The Consultant shall notify City in writing prior to a change in the range of r ates included herein, and prior to each subsequent change.
POSITION OR CLASSIFICATION RANGE OF HOURLY RA TES
[___sample___]
Principal $ .00 - $ .00/hour
Project Manager $ .00 - $ .00/hour
Sr. Engineer/Planner $ .00 - $ .00/hour
Project Engineer/Planner $ .00 - $ .00/hour
Assoc. Engineer/Planner $ .00 - $ .00/hour
Technician $ .00 - $ .00/hour
Drafter/CADD Operator $ .00 - $ .00/hour
Word Processor $ .00 - $ .00/hour
2.3 The above rates are for the Consultant only. All rates for subconsultants to the Consultant will be in accordance with the Consultant's cost proposal.
3. INVOICING.
3.1 Each month the Consultant shall submit an invoice f or Project work performed during the preceding month. The original invoice shall be submitted to City’s City Engineer with two (2) copies to City’s Project Coordinator.
3.2 Charges shall be billed in accordance with the terms and rates included herein, unless otherwise agreed in writing by City’s Representative.
3.3 Base work and Extra work shall be charged separately, and the charges for each task and Milestone listed in the Scope of Work, shall be listed separately. The charges for 534
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Exhibit “C-1”
each individual assigned by the Consultant under th is Agreement shall be listed separately on an attachment to the invoice.
3.4 A charge of $500 or more for any one item of Additi onal Direct Costs shall be accompanied by substantiating documentation satisfactory to City such as invoices, telephone logs, etc.
3.5 Each copy of each invoice shall be accompanied by a Monthly Progress Report and spreadsheets showing hours expended by task for eac h month and total project to date.
3.6 Each invoice shall indicate payments to DBE sub consultants or supplies by dollar amount and as a percentage of the total invoice.
3.7 Each invoice shall include a certification sign ed by the Consultant's Representative or an officer of the firm which reads as follows:
I hereby certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to t he employees listed.
Signed _____________________________
Title _____________________________
Date _____________________________
Invoice No. _____________________________
4. PAYMENT
4.1 City shall pay the Consultant within four to six we eks after receipt by City of an original invoice. Should City contest any portion of an invoice, that portion shall be held for resolution, without interest, but the uncontested balance shall be paid.
The final payment for work under this Agreement wil l be made only after the Consultant has executed a Release and Certificate of Final Payment.
535
17336.02600\32593628.1
4879-8137-7900 v2
Exhibit “C-2”
EXHIBIT “C-2”
Sample Cover Letter to RCTC
Date
Ms. Anne Mayer
Executive Director
Riverside County Transportation Commission
4080 Lemon Street, 3rd Floor
Riverside, CA 92501
ATTN: Accounts Payable
Re: Project Title - Invoice #__
Enclosed for your review and payment approval is th e City of _____________’s invoice for professional and technical services that was render ed by our contractors in connection with the _______________ Agreement No. ________ effective (M onth/Day/Year). The required support documentation received from each contractor is included as backup to the invoice.
Invoice period covered is from Month/Date/Year to Month/Date/Year.
Total Authorized Agreement Amount: $0,000,000.0 0
Total Invoiced to Date: $0,000,000.00
Total Previously Invoiced: $0,000,000.00
Balance Remaining: $0,000,000.00
Amount due this Invoice: $0,000,000.00
===========
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors listed.
By: _____________________________
Name
Title
cc:
536
17336.02600\32593628.1
4879-8137-7900 v2
Exhibit “C-3”
EXHIBIT “C-3”
Sample Letter from Contractor to City/County
Month/Date/Year
______________
______________
______________
Attn: Accounts Payable Invoice #____________
For [type of services] rendered by [contractor name] in connection with [name of project] This is per agreement No. XX-XX-XXX effective Month/Date/Year.
Invoice period covered is from Month/Date/Year to Month/Date/Year.
Total Base Contract Amount: $000,000.00
Authorized Extra Work (if Applicable) $000,000.00
------------------
TOTAL AUTHORIZED CONTRACT AMOUNT: $000,000.00
Total Invoice to Date: $000,000.00
Total Previously Billed: $000,000.00
Balance Remaining: $000,000.00
Amount Due this Invoice: $000,000.00
==========
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed,
By: ____________________
Name
Title
537
17336.02600\32593628.1
Exhibit C-4
4879-8137-7900 v2
EXHIBIT C-4
Sample Progress Report
REPORTING PERIOD: Month/Date/Year to Month/Date/Yea r
PROGRESS REPORT: #1
A. Activities and work completed during current Project period:
TASK 01 – 100% PS&E SUBMITTAL
1. Responded to Segment 1 comments from Department of Transportation
2. Completed and submitted Segment 1 final PS&E
B. Current/Potential Problems Encountered & Corrective Action
Problems Corrective Action
None None
C. Work Planned Next Period
TASK 01 – 100% PS&E SUBMITTAL
1. Completing and to submit Traffic Signal and El ectrical Design plans
2. Responding to review comments
538
12-52 Nov. 14, 2012
FOR
6/29/2023
539
540
541
l
RESOLUTION NO. 12- 52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE
AUTHORIZING THE CITY MANAGER TO EXECUTE MASTER AGREEMENTS,
PROGRAM SUPPLEMENTAL AGREEMENTS, FUND EXCHANGE AGREEMENTS
AND / OR FUND TRANSFER AGREEMENTS FOR FEDERAL AND/ OR STATE
FUNDED TRANSPORTATION PROJECTS
WHEREAS, the City of Eastvale is eligible to receive federal and/ or state funding for certain transportation projects; and,
WHEREAS, Master agreements, Program Supplemental Agreements, Fund Exchange Agreements and/ or Fund Transfer Agreements need to be executed with the California Department ofTransportation before such funds could be claimed; and, WHEREAS, the City Council wishes to delegate authorization to the City Manager for execution of all Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, Fund Transfer Agreements and/ or any amendments thereto with the California Department ofTransportation.
WHEREAS, The proposed Orange Street Sidewalk Improvements Project (" Project") is proposed to construct sidewalks to provide safe and convenient pedestrian access for school children and other residents; and
WHEREAS, the California Department of Transportation ( Caltrans) administers the Safe Routes to School ( SR2S) Program to facilitate a safer pedestrian/ bike environment for children in grades K- 12 who walk and bicycle to school; and
WHEREAS, the City secured a Caltrans SR2S ( lOth Cycle) funding award for the Project in the amount of $ 150, 100 and $ 80, 150 from the Riverside County Transportation Commission' s SB 821 Bicycle and Pedestrian Facilities Program; and WHEREAS, the Project grant funding necessitates an amendment to the Fiscal Year 2012/ 13 budget and related Capital Improvement Program to reflect the additional SR2S and SB821 revenues and costs for the Project;
BE IT RESOLVED AND ORDERED that the City Council ofthe City ofEastvale does hereby resolve as follows:
uthorize the City Manager to execute all Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, Fund Transfer Agreements for Federal and/ or State funded Transportation Projects. 00006357. DOCX VI}
542
PASSED, APPROVED AND ADOPTED this 141h dayofNovember, 2012.
Attest:
I
00006357. DOCX Vl}
543
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) §
ClTY OF EASTVALE )
I, Ariel Berry, ASSISTANT CITY CLERK OF THE CITY OF EASTVALE, DO HEREBY CERTIFY that the foregoing Resolution Number 12- 52 was duly and regularly adopted by the City Council ofthe City ofEastvale at a REGULAR meeting held the 141h day ofNovember, 2012, by the following vote:
AYES : Council Members Rush, Welch, Bootsma, Mayor Pro Tern Howell and Mayor DeGrandpre
NOES: None
ABSENT: None
ABSTAIN: None
00006357. DOCX VI}
544
COOPERATIVE AGREEMENT
FOR UTILITY FACILITY IMPROVEMENTS
FOR LIMONITE GAP CLOSURE PROJECT WITH
CITY OF EASTVALE AND
JURUPA COMMUNITY SERVICES DISTRICT
1. PARTIES AND DATE.
This Cooperative Agreement for Utility Facility Improvements (“Agreement”) is made and entered into as of this _ 28th day of June, 2023 (“Effective Date”) by and between the City of Eastvale, a California municipal corporation organized under the laws of the State of California with its principal address located at 12363 Limonite Avenue Suite 910, Eastvale, California 91752 (“Eastvale”); the Jurupa Community Services District (“JCSD”) a community services district organized under the laws of the State of California. Eastvale, and JCSD are sometimes individually referred to as “Party” and collectively as “Parties” throughout this agreement.
2. RECITALS.
2.1 Limonite Gap Closure Project. Eastvale intends to construct a new four -lane overhead bridge along Limonite Avenue over Cucamonga Creek, in the City of Eastvale, as more particularly depicted in Exhibit “A” attached hereto and incorporated herein by reference (“the Project”).
2.2 JCSD Facilities. As part of the Project, the City intends to install a 12” water line and related facilities within the Limonite Gap Bride as depicted in Exhibit “B” attached hereto and incorporated herein by reference (“JCSD Facilities”)
2.3 Cooperation; JCSD Facilities. Eastvale and JCSD desire to cooperate with each other in the design, construction and inspection of the installation of JCSD Facilities. The purpose of this Agreement is to memorialize the mutual understandings of the Parties with respect to the design, construction, inspection, and funding for the JCSD Facilities.
3. TERMS AND CONDITIONS.
3.1 Eastvale Obligations.
3.1.1 P lans, Specifications and Estimates . Eastvale has contracted with Mark Thomas Company to design the Project. JCSD has also contracted with Mark Thomas Company, to design the JCSD Facilities in accordance with all applicable city, county and state standards and requirements. Eastvale shall submit the plans and specifications for the Project to JCSD for its review and approval prior to commencement of any advertisement to contractors for construction of the Project and JCSD Facilities . Eastvale shall include the approved and signed plans and specifications as a part of the Eastvale construction contract for the Project.
JCSD Agreement No. 1080
Board Approved 06/26/2023
545
3.1.2 Lead Agency. Eastvale shall be the lead agency for the design and construction of the Project. Eastvale shall prepare and obtain necessary approvals in accordance with the California Environmental Quality Act, advertise and obtain all design and construction bids, award all contracts, and administer all contracts, including inspection through completion of the Project. Except for the costs associated with the JCSD Facilities, Eastvale shall furnish or have furnished all equipment, tools, materials, labor and engineering services necessary to fully and adequately design and complete the Project.
3.1.3 C
onstruction of Project . In accordance with all applicable federal, state or local statutes, ordinances, orders, governmental requirements, laws or regulations, Eastvale shall advertise, competitively bid, and award a public works construction contract for the construction of the Project. The construction bid package will identify JCSD F acilities as a separate bid item.
Upon receipt of the bids and determination of the lowest responsive, responsible bid, City shall notify JCSD of its identified portion of the construction costs and request JCSD to provide written authorization to City to award the contract to include construction of the JCSD Facilities as part of the Pro ject. JCSD shall notify City of its decision no later than seven (7) days after JCSD’s receipt of the bid selection from City. If JCSD informs City in writing that it does not approve award of the JCSD Facilities , then JCSD agrees to construct JCSD Facilities with its own or contract forces so as not to delay the City construction schedule. In no event shall the City be required to delay the construction of the Project if JCSD is unable to construct the JCDS Facilities in accordance with the Project construction schedule.
If
JCSD approves the award of the JCSD Facilities , JCSD shall deposit with the City the amount of one hundred percent (100%) of the construction costs for the JCSD Facilities as enumerated in the winding bid, not later than 30 days after JCSD’s receipt of City’s invoice.
Eastvale shall administer the Project construction contract and shall ensure that the JCSD Facilities are completed in accordance with the approved plans and specifications and all applicable federal, state or local statutes, ordinances, orders, governmental requirements, laws or regulations. If, during the course of construction and installation of any of the Project, it is determined by Eastvale or JCSD that alterations to the JCSD Facilities are necessary, the Party making the determination shall immediately notify the other Party of said changes prior to implementation of such alterations.
3.1.4 E ncroachment Permits. JCSD Facilities will be done by the Project contractor through a no fee encroachment permit issued by Eastvale.
3.1.5 C ontractor Obligations. Eastvale shall require the contractor for the Project to: a) comply with the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.; b) provide and maintain adequate liability insurance for the Project which includes JCSD Facilities ; c) name JCSD, its directors, officials, officers, employees, volunteers and agents as additional insured in the insurance policies required for the Project; and d) indemnify and hold harmless JCSD its directors, officials, officers, employees, volunteers and agents from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, to the extent arising out of, pertaining to, or incident to the Project.
JCSD Agreement No. 1080
Board Approved 06/26/2023
546
3.1.6 Inspection. Eastvale shall have the right to be present during any inspections of the JCSD Facilities.
3.2 JCSD Obligations.
3.2.1 Review of Plans, Specifications, and Estimates (PS&E). Upon receipt of the PS&E for the JCSD Facilities, JCSD shall promptly review the PS&E, and shall not unreasonably withhold approval as part of its review.
3.2.2 JCSD Inspection Personnel. JCSD shall provide a minimum of forty-eight (48) hours advanced notice to Eastvale prior to conducting any inspections of the JCSD Facilities.
JCSD shall ensure that its inspection personnel have appropriate personal protection equipment and abide by the Project’s Safety, Health, and Environmental Plans (“SHEP”).
3.2.3 Payment of Total Construction Costs of JCSD Facilities. JCSD agrees to pay one hundred percent (100%) of the Total Construction Costs to construct the JCSD Facilities . An additional 50 pe rcent ( 50%) may apply in the event of a change in the scope of the work or unf
oreseen field conditions during construction that resulted in a cost increase above the lowest responsible bid contract price for the construction of the JCSD F acilities. Any amount exceeding 125% of the base bid construction cost shall be authorized through an amendment to the agreement. No such additional amount shall be incurred without the prior written consent of JCSD, which consent shall not be unreasonably delayed or denied. For purposes of this Agreement, the term “Total Construction Costs” shall mean all labor, materials, tools, e quipment, services and incidental and customary work necessary to plan, engineer, design, permit, bi d, and construct the JCSD Facilities , including without limitation, all costs and expenses for the following:
e
ngineering, legal, and other consultant services throughout the pre-construction and construction pha
ses; bid preparation and administration services; soil, project and other inspection and testing services; construction and project management services; and all other construction and project close-out activities. The Total Construction Costs for the construction of the JCSD Facilities is currently estimated to b e $1,248,985.00 as is more particularly described in Exhibit “C” attached hereto and incorpo rated herein by reference (“JCSD Facilities Estimated Costs”). This Construction Cost will be amended to the actual construction cost from the lowest responsive, responsible bid. The Total Construction Management Cost of the JCSD Facilities is $26,000.00 as is more particularly described in Exhibit “C” attached hereto and incorporated herein by reference. As stated in section 3.2.1, JCSD may choose to procure its own contractor/consultant to replace these services.
3.2.3.1 Upon JCSD’s accept ance of the JCSD Facilities for ownership, operation and
maintenance, Eastvale will provide JCSD with a reproducible duplicate set of “record drawings” for the improved facilities.
3.2.3.2 Total Costs. U p on completion of the JCSD Facilities and acceptance by JCSD, Eastvale shall prepare a final written accounting of the Total Costs for t he construction cost of the JCSD Facilities . JCSD shall pay Eastvale within thirty (30) days of receipt of an invoice de
tailing the Total Costs and any amounts due and payable to Eastvale.
JCSD Agreement No. 1080
Board Approved 06/26/2023
547
3.3 Termination. As between JCSD and Eastvale, this Agreement shall terminate upon final completion and acceptance by JCSD of the JCSD Facilities, and payment by JCSD to Eastvale of all amounts owed to Eastvale under this Agreement. However, such termination shall not terminate any warranties associated with the JCSD Facilities, and JCSD shall retain all rights of recourse against the contractor and material suppliers with respect to the construction of the JCSD facilities.
3.4 Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following addresses, or at such other addresses as t he respective Parties may provide in writing for this purpose:
City of Eastvale:
City of Eastvale
12363 Limonite
Ave, #910 Eastvale,
CA 91752
Attention:
Jimmy Chung
City Engineer
Email:
[email protected]
Jurupa Community Services
District:
Jurupa Community Services
District
11201 Harrel Street,
Mira Loma, CA 91752
Attention: Jesse Pompa, Director
of Engineering and Water
Resources
Email: [email protected]
Such notice may be provided by personal delivery, by first class mail, by express delivery or by email transmission. Notice shall be deemed to made as follows: (A) when personally delivered, upon actual delivery; (B) when mailed, seventy-two (72) hours after deposit in the U.S. Mail, first class postage prepaid; (C) when sent by express delivery, upon delivery as documented by the delivery service; and (D) when sent via facsimile transmission, upon actual delivery as documented by any verifiable facsimile transmission record. Facsimile transmissions shall be followed by first class delivery along with a copy of the facsimile transmission record. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5 Cooperation and Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessa ry, appropriate or convenient to attain the purposes of this Agreement.
3.6 Attorneys’ Fees. If any Party commences an action against another Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.
3.7 Indemnification. Each Party shall indemnify and hold the other Party and its JCSD Agreement No. 1080
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548
officials, officers, employees and agents free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, to the extent arising out of or incident to any negligent acts, omissions or willful misconduct of the indemnifying Party or its officials, officers, employees and agents related to the performance of this Agreement or the completion or maintenance of the JCSD Facilities or the Project, including attorneys’ fees and other related costs and expenses; provided, however, that employees of any Party shall not be deemed to be agents of any other Party for purposes of this Section. Notwithstanding the foregoing, the indemnifying Party shall not settle any lawsuit with respect to the other Party to this Agreement without such Party’s consent, which consent shall not be unreasonably withheld.
3.8 Entire Agreement; Amendments. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties.
3.9 Governing Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Venue for any cause of action arising under this Agreement shall be in Riverside County.
3.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.
3.11 Assignment or Transfer No Party shall assign, hypothecate, subcontract or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of the other Party. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.12 Construction, References and Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed s imply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days.
All references to any Party shall include all officials, officers, employees and agents of that Party, except as otherwise specified in this Agreement. The caption of the various sections are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.13 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give any other Part y any contractual rights by custom, estoppel, or otherwise.
3.14 No Third-Party Beneficiaries. There are no third-party beneficiaries of any right or obligation assumed by the Parties.
JCSD Agreement No. 1080
Board Approved 06/26/2023
549
3.15 Invalidity and severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. In addition, if any portion of this Agreement is declared to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, or is otherwise deemed to be such by legal counsel for the Parties to this Agreement, the Parties shall use their reasonable best efforts to amend this Agreement to remove the inappropriate provision(s); provided, however, that if the amendment cannot be made in a manner which preserves all essential parts of the consideration for any Party, such Party may terminate this Agreement as soon as is reasonably practicable or as required by law.
3.16 Authority to Execute Agreement. Each Party warrants that it has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.
Each Party also warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective Party hereto.
3.17 Counterparts. This Agreement may be signed in one or more counterparts, each of which shall constitute an original.
JCSD Agreement No. 1080
Board Approved 06/26/2023
550
EASTVALE’S SIGNATURE PAGE FOR
CITY OF EASTVALE
COOPERATIVE AGREEMENT
FOR UTILITY FACILITY IMPROVEMENTS
(CITY OF EASTVALE – LIMONITE GAP CLOSURE BRIDGE PROJECT)
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement by their respective duly authorized representatives.
CITY OF EASTVALE,
a California municipal corporation
By: _
Mark Orme
City Manager
A
ttest:
Marc Donohue
City Clerk
Approved as to form:
Erica Vega
City Attorney
JCSD Agreement No. 1080
Board Approved 06/26/2023
551
JURUPA COMMUNITY SERVICES DISTRICT’S
SIGNATURE PAGE FOR
CITY OF EASTVALE
COOPERATIVE AGREEMENT
FOR UTILITY FACILITY IMPROVEMENTS
(CITY OF EASTVALE – LIMONITE GAP CLOSURE BRIDGE
PROJECT)
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement by their respective duly authorized representatives.
Jurupa Community Services District,
an independent special district of the State of California,
by:
Attest:
Jesse Pompa, Acting General Manager
for Chris Berch, General Manager
Maria E. Ayala, Executive Services Manager /
Secretary to the Board of Directors
JCSD Agreement No. 1080
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552
EXHIBIT A
LIMONITE GAP CLOSURE BRIDGE PROJECT
JCSD Agreement No. 1080
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553
EXHIBIT B
JCSD FACILITIES
SEE ATTACHED FOUR (4) PAGES
JCSD Agreement No. 1080
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554
WEBB
N
WE
S
* NOTE TO CONTRACTOR:
TITLE SHEET
99 JURUPA COMMUNITY SERVICES DISTRICT
RIVERSIDE COUNTY, CALIFORNIA
LIMONITE GAP CLOSURE
J.C.S.D. 12-INCH DIA. POTABLE WATER [C215078]
VICINITY MAP
WATER NOTES:
NOTICE TO CONTRACTOR:
SHEET INDEX
NO.DESCRIPTION
GENERAL NOTES AND REQUIREMENTS
JURUPA COMMUNITY SERVICES DISTRICT
PLANS APPROVED BY:
IMPROVEMENT PLANS
JCSD Agreement No. 1080
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555
* NOTE TO CONTRACTOR:
NOTES & INDEX SHEET
100
LEGEND
LOCATION MAPWEBB
N
WE
S
GENERAL SURFACE REPAIR NOTES
SHEET 101
SHEET 101
JCSD Agreement No. 1080
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* NOTE TO CONTRACTOR:
CONTRACTOR NOTES:
PLAN & PROFILE
101
WEBB
N
W
E
S
38+00 39+00 40+00 41+00 42+00 43+00 44+00 45+00 46+00 47+0037+00
LIMONITE AVE
48+00
630
640
650
630
640
650
BRIDGE CROSS SECTION
PRESSURE ZONE:
JCSD Agreement No. 1080
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102
109
DETAILS
JCSD 12" WATER IMPROVEMENTS
LIMONITE AVE GAP CLOSURE
JCSD Agreement No. 1080
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EXHIBIT C
ESTIMATED COSTS FOR FACILITY IMPROVEMENTS
SEE ATTACHED THREE (3) PAGES
JCSD Agreement No. 1080
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JCSD Agreement No. 1080
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JCSD Agreement No. 1080
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Cost Proposal JCSD CM/COORDINATION COST
City of Eastvale
January 15, 2022
Project Schedule
Calendar days
Work days
Advertise- Award & NTP/ Pre-Const (1/15/2021 to 5/31/2021) Construction Stage Must Start by (7/1/2021 - 6/301/2022) 12Months Construction Stage "Accelerated Schedule" (7/1/2021 - 3/31/2022) 9Months Post Construction (7/1/2023 -7/31/2023) or (4/1/2023 - 4/30/2023) Estimated Fees JCSD
Description Name Hourly Rate Hours
Principal-in-Charge Wael Faqih, PE $378.57 -$
Construction Manager
Claims Specialist Ashraf Mohamed, PE $250.00 12 3,000.00$ Lead Construction Inspector Ahmad Faqih, PE $240.00 -$ Roadway Construction Inspector Tim Dexter $177.03 48 8,497.29$ Construction Surveyor Bill Henry, PLA $205.00 12 2,460.00$ Technical Support Juan Rojas, PE $250.00 -$ SWPPP/Safety Dion Castro, ToR $210.00 -$ Asst. Resident Engineer/Office Engineer Zaid Afanan, PE $220.00 8 1,760.00$ Asst. Office Engineer Rhoda Abouazra $136.00 20 2,720.00$ 18,437.29$ Structures Representative/Inspection Danken $450,000.00 $450,000.00 Materials Testing Converse Consultants $120,000.00 $5,000.00 $5,000.00 $23,437.29
SUBCONSULTANTS - ADDITIONAL RESOURCES
Total Cost (9M)
Limonite Gap Closure Project Construction Management
Services
Award Contract to FALCON -NTP May 2022
Constructability Review "During Bid advertisement"
JCSD Agreement No. 1080
Board Approved 06/26/2023
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4860-1228-8367 v1
1 FIRST AMENDMENT TO AGREEMENT
This First Amendment to Agreement (“First Amendment”) is entered into this ____ day of _________, 2023 by and between the City of E astvale, a municipal corporation (“City”) and FALCON Engineering Services, a Califor nia corporation (“Contractor”), as follows:
RECITALS
A. City and Contractor entered in an agreement for project management services on or about January 12, 2022 (“Agreement”) with a not to exceed amount of $2,076,579.12.
B. This First Amendment to the Agreement increases the contract amount by $26,000 and amends the total contract compensation to $2,102,579.12.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consi deration, the value and adequacy of which are hereby acknowledged, the Parties do hereb y enter into this First Amendment which modifies and amends the Agreement as follows:
1. AMENDMENTS
(a) Scope of Services . In addition to the Services to be provided by Contractor as set forth in the Agreement, Contractor shall per form the services detailed in the Additional Work Request attached to this First Amen dment as Exhibit “A” (“Additional Services”), which shall be added to the Scope of Services for the Agreement. (b) Compensation and Method of Payment . In addition to the compensation set forth in Section 4 (a) of the Agreement, the City agrees to pay Contractor the amounts specified in Exhibit “B” “Compensation,” attached t o this First Amendment and incorporated herein, and made a part of this Agreem ent by this reference. The total compensation for the Additional Services, shall not exceed Twenty-Six Thousand Dollars and Zero Cents ($26,000.00), unless additional comp ensation is approved in writing in accordance with Section 26 “Administration and Impl ementation” or Section 28 “Amendment” of the Agreement.
2. GENERAL PROVISIONS
(a) Remainder Unchanged. Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the parties.
563
4860-1228-8367 v1
2 (b) Integration. This First Amendment constitutes the entire underst anding and agreement of the parties and supersedes all neg otiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this First Amendment.
(c) Effective Date. This First Amendment shall not become effective unt il the date it has been formally approved and executed by the appropriate authorities of the City and Contractor.
(d) Applicable Law. The laws of the State of California shall govern th e interpretation and enforcement of this First Amendment. (e) References. All references to the Agreement include all their r espective terms and provisions. All defined terms utilized in this First Amendment have the same meaning as provided in the Agreement, unless expres sly stated to the contrary in this First Amendment.
IN WITNESS WHEREOF , the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF EASTVALE
___________________________
Mark Orme
City Manager
ATTEST:
___________________________
Marc Donohue
City Clerk
564
4860-1228-8367 v1
3 APPROVED AS TO FORM
_______________________________
Erica Vega
City Attorney
FALCON Engineering Services
By: ____
Name: ___________________________
Its: ______________________________
NOTE: CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S
BUSINESS ENTITY. CORPORATIONS AND LLCS MUST SUBMIT
DOCUMENTATION SHOWING THAT THE INDIVIDUAL SIGNING ON ITS BEHALF HAS THE AUTHORITY TO EXECUTE THIS CONTRACT.
Wael Faqih, PE
Senior Vice President
7/11/2023
565
Exhibit B
566
SCOPE OF WORK
1 – CONSTRUCTION MANAGEMENT GENERAL SERVICES
The Consultant shall assign one person as a full-time Construction Manager for the duration of the project who shall act as the primary contact to the City and shall manage all services as proposed, including any proposed by their consultants. A Construction Manager will be required to supervise the activities of the construction management team, monitor the Contractor’s progress, and report to the City Project Manager.
1.1 Project Controls System Development
Purpose:
To develop an integrated cost and schedule information system to provide up to date and accurate information regarding schedule, budgets, expenditures, and change orders.
The master schedule of the Project Controls System (PCS) will enable critical activities and interrelationships between the contractors, suppliers, City, City’s Project Manager, design engineers, environmental monitors, utility companies and construction contractor (including its subcontractors) to be monitored efficiently during the construction phase of the project. The master schedule will identify permit constraints, work area restrictions and other known work and/or coordination constraints.
The cost-monitoring element of the PCS will enable project-wide monitoring of expenditures for comparison with the original budgets and budget updates resulting from change orders processed during the life of the project. Monthly reporting will enable accurate cost forecasting at any time. The automation of the above information will enable timely analysis, intervention, and decision making to enable efficient control of the project.
Approach:
Consultant will develop the PCS. A master schedule will be developed summarizing all significant activities of project related entities including the contractor, equipment suppliers, the City project manager, design consultants and construction contractor. The schedule will be structured to include the following:
• Primary contractor work activities, including major submittals required accomplishing the work. • Principal work activities of the Consultant construction manager, the City’s project manager, design consultants, contractors and suppliers.
• Activities necessary for regulatory compliance.
• Activities related to utility relocations.
• Relationships between submittals, approvals, procurement, and delivery of materials. • Milestones associated with permitting and approvals.
• Any activity requiring coordination with the City, Caltrans oversight, and other local utility/regulatory agencies.
• Substantial and final completion dates.
The cost accounting format will use a work breakdown structure and cost categories that will be compatible with the City’s cost accounting system. The work breakdown structure will be based on contractor’s activities and will provide the basis for cost-loading activities in the schedule. 567
SCOPE OF WORK
Assumptions:
The initial master project schedule will be developed based on information available before the award of contracts for construction.
Deliverables:
1. Implementation of Project Control System.
2. Draft master project schedule.
3. Initial master project schedule following review and approval by the City.
4. Initial project cost.
1.2 Monthly Project Progress Meetings and Reports
Purpose:
To apprise City management and other stakeholders of Consultant’s activities under this contract via written report and monthly meeting.
Approach:
Consultant will provide a brief written report covering a summary of the status and expenditures associated with each of the tasks described in this scope of work; including highlights of any unusual contractual issues that arise during the reporting period and a listing of approved work that is beyond the boiler plate scope with a determination of who is responsible for the associated additional costs (contractor, project, etc.) Consultant will schedule monthly progress meetings, which will provide for discussion of progress reports and issues related to (a) this agreement and (b) the construction agreements.
Assumptions:
1. The project monthly report will be provided throughout the contract period.
2. A regular monthly meeting date and time will be established. Meeting date is typically the first week of each month, the same day of the week. i.e., Monday, Tuesday, etc.
3. Written progress reports will be provided to the City at least 5 working days in advance of each progress meeting.
4. City to submit proposed changes/amendments to the monthly progress reports, in writing, to Consultant for its use.
5. Additional project budget expenditures determined to be responsibility of the contractor will be addressed quarterly with adjustments being made to progress payments.
Deliverables:
1. Monthly project progress report.
2. One page summary report.
3. Monthly progress review meetings with minutes/summaries.
1.3 Document Management System
Purpose:
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SCOPE OF WORK
To establish a system for the timely logging, filing, and tracking of project related correspondence to assure timely responses, and provide a record of communications to enable efficient retrieval and establish the chronology of events for use in dispute resolution.
Approach:
Consultant will set up a document tracking system to maintain project files.
Assumptions:
1. Actual logging, filing, and tracking of project information will be performed under separate tasks and subtasks.
2. The Consultant file index will conform to the Caltrans filing numbering system.
Deliverables:
Implementation of a computerized document management system that includes written procedures for use of the project team.
1.4 Public Outreach Strategy
Purpose:
To provide a strategy for dealing with issues related to the impacts of construction on the residential neighborhoods and businesses located adjacent to and within the limits of the project, to respond to public inquiries regarding the project, and to coordinate with the City, law enforcement, emergency services providers, transit agencies, school districts and others as needed regarding construction activities that may impact public safety.
As part of the public outreach effort it is anticipated that the team will conduct public meetings before and during construction. The team will also need to attend local community meetings to provide updates and information as requested.
Approach:
Consultant will develop in conjunction with the City a strategy for neighborhood and local community communication related to construction phase impacts and mitigation.
Assumptions:
Consultant will be responsible for development of the public outreach strategy. However, the City will provide general guidelines for community and neighborhood affairs and dictate protocol as required. The City will be responsible for the review and approval of the overall plan.
Deliverables:
1. Consultant: Draft Public Outreach Strategy memorandum.
2. City: Review and comment on draft Public Outreach Strategy memorandum.
3. Consultant: Final Neighborhood Affairs Strategy memorandum. 569
SCOPE OF WORK
1.5 Sub-Consultant Management
Propose:
To coordinate and manage sub-consultant services contracted with consultant. Sub-consultants include inspectors, surveyors, landscape architects, material testing consultants, biologists/archeologist, paleontologist, public outreach, and/or others, as needed.
Approach:
Consultant will coordinate and manage the utilization of sub-consultants for the City in order to comply with the terms of the contract documents and the requirements of regulatory agencies.
At the City’s direction, Consultant will negotiate and enter into sub-consultant agreements with select sub- consultants.
Assumptions:
1. The City will retain final approval rights over invoices for City contracted consultants.
2. All costs associated with Consultant’s sub-consultant services will be billed to the City in conjunction with Consultant’s services on a monthly basis.
Deliverables:
1. Copies of all sub-consultants reports. Original reports will remain with Consultant until project closeout, at which time all originals will be forwarded to the City with the project documentation.
2. Copies of all sub-consultant invoices billed through Consultant.
3. Original invoices reviewed and approved by Consultant for City contracted consultants. 2 – PRE-CONSTRUCTION PHASE SERVICES
Consultant shall provide specialized services during the project pre-construction phase, including the bidding periods of the project. These services are intended to involve the construction manager early in the project and to provide advanced planning for construction phase activities.
2.1 Constructability Review
Purpose:
To provide the City and Consultant with reasonable assurance that project can be adequately constructed as indicated on the Design Plans and to endeavor to minimize contract change orders and reduce the project schedule to the extent possible. To enable changes to be made to the Project Documents by the Design Engineer before the construction contract bids are due.
Approach:
Consultant will perform a constructability review of the project, analyzing the phasing and staging of project construction for conflicts and to minimize the disruption to traffic. Review of the Project Plans (including construction notes), the Project Specifications, Estimates, and applicable permits technical reports for the Project is required for a thorough understanding of the project. The Consultant will also perform an Independent Quantity Take-off of the major items of work on the Project. 570
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Assumptions:
The Project Plans and Project Specifications are essentially complete and ready for advertisement. 90% Plans are a part of Attachment II.
Deliverables:
1. Constructability comments and report for review by the City and Design Engineer. Consultant will provide two (2) copies of the comments and report.
2. The Independent Quantity Take-off with comments and supporting calculations, wet stamped and signed by the Consultant’s Engineer in Responsible Charge.
2.2 Pre-construction Coordination
Purpose:
In order to minimize the project construction time there will be a need to have a concentrated effort to do as much work in advance of the contractor moving on site and to coordinate with other projects in the vicinity.
Approach:
The Consultant will coordinate with other agencies, companies, local residents and the contractor to ensure that there are no delays to the start of construction. This will involve close coordination with utility companies to ensure that any relocation work done prior to construction is properly managed. Also, the Consultant needs to assist the utility companies to plan any relocation work scheduled during construction. Once the low bid contractor is selected the Consultant is to work closely with the construction team to ensure that they obtain all necessary approvals, permits, supplies, etc.
Consultant will need to be aware of other public and private construction projects in the vicinity and ensure that there is close coordination between the projects.
2.3 Construction Management Plan
Purpose:
To provide the City and Consultant with uniform procedures and standards for the administration of the construction contract.
Approach:
Consultant will develop a procedures manual that is usable for the construction project utilizing the Caltrans Construction Management Manual and portions of the Local Assistance Manual. The Manual will be compilation of both manuals, using various parts from both manuals as appropriate and incorporating a section concerning emergencies. The City approved manual will used by the City, as it deems appropriate.
Deliverables:
1. Draft project manual for review by the City. Consultant will provide two (2) copies of the draft.
2. After review and comments, provide two (2) copies of final project manual to the City. 571
SCOPE OF WORK
2.4 Contract Bidding Support
Purpose:
To provide support to the City and Design Engineer during the Bidding Phase of the project to ensure bid documents are satisfactory and complete, and selection of the contractor follow proper standards and procedures.
Assumptions:
Design Engineer Consultant will be the main responsible party to support the bidding phase. Consultant will be available as needed to coordinate activities, review documents, provide recommendations and attend meetings during the Bid document preparation and Contract Bidding phase.
Deliverables:
Consultant will:
1. Assist the City to pre-qualify bidders and major sub-bidders, and develop bidder’s interest in the project. Assist the County in issuing bidding documents.
2. Attend pre-bid conferences and provide information to bidders regarding City expectations of them throughout the project duration and familiarize bidders with the bidding documents, proposed management techniques and with any special systems, material or methods.
3. Assist the City and Design Engineer with the receipt of questions and timely responses to bidders.
4. Assist in the review and preparation of Addenda to be issued to the Bidders.
5. Assist in the bid analysis including accuracy of bids, identifying the lowest responsible bidder, checking references and other bid forms and make recommendations to the City for the award of contracts and/or reject of bids.
6. Conduct a pre-construction “kick-off meeting” that includes all agencies, utilities, and contractors that will be participating in the Project. Attend any other pre-construction meetings that may be required.
2.5 Local Assistance Documentation/Local Partnership Program Documentation Purpose:
To assist the City in field observation, testing and preparation of documentation required for compliance with Local Partnership Program Requirements and the Caltrans’ Local Assistance Procedures Manual.
Approach:
Consultant in conjunction with the City will review the Local Assistance Procedures Manual to ensure that all contract administration procedures, documentations, and filing systems are in accordance with the Local assistance Procedures Manual, and as required by the Local Partnership Program requirements.
Deliverables:
Individual tasks required for compliance with the Local Assistance Procedures Manual and Local Partnership Program requirement are identified as specific tasks including all required checklist, forms, filing system, procedures for progress payments, change orders, claims, correspondence, as-builts, reporting, permit compliance, permit renewals, final invoicing and claims mitigations and resolutions. 572
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Compliance with the Caltrans Construction Manual, Traffic Manual, MUTCD, ADA Guidelines, Cal OSHA Safety Orders, SWPPP & PMP preparation Handbook, and all Bridge Manuals is also required, as applicable.
2.6 Pre-construction Walk Through
Purpose:
To review, document and agree to the existing conditions of the project site and neighboring area conditions prior to the start of the construction.
Approach:
Prior to the issuance of Notice to Proceed, Consultant, the Contractor, utility company representatives, biologist, archaeologist, and City will walk the entire project and record existing conditions via a written log, still photographs, and videotape where required. Consultant will provide copies of all documentation to the Contractor and City. Consultant will keep documentation originals in the project files until project completion.
Assumptions:
Project walk will not take longer than two days with approximately the same amount of time to log, file and copy the information
Deliverables:
A written log, still photographs and any videotape depicting existing site conditions, as recorded prior to the start of construction.
2.7 Environmental Compliance Prior to Start of Construction Purpose:
To maintain compliance with permitting agency guidance and Special Provisions. Please see individual permits for more detailed information regarding activities, submittals, and reporting.
Assumptions:
That these activities will occur prior to the start of construction.
Deliverables:
1. Submit to USFWS and CDFW name of Project Biologist(s) at least 60 days prior to project construction start for approval by USFWS and CDFW.
2. Notify permitting agencies of start of construction as per individual permit conditions.
3. Project Biologist shall implement Worker Environmental Awareness Program to educate on-site workers about sensitive environmental issues. Project Biologist shall provide interpretation for non- English speaking workers.
4. Project Biologist shall conduct all pre-construction surveys in accordance with the environmental document, MMRP and permits for Project within their specific survey time frames. This includes least Bell’s vireo, nesting birds, burrowing owl and bats.
5. Project Biologist shall oversee delineation of work boundary with appropriate fencing or flagging.
Biologist shall determine and clearly delineate avoidance or buffer areas. 573
SCOPE OF WORK
6. At least 60 days prior to construction, Project Biologist shall prepare and submit an Aquatic Species Protection Plan to CDFW.
3 – CONSTRUCTION MANAGEMENT SERVICES
Consultant, on behalf of the City, will provide construction management services for administration of the construction contract. Construction Management services will encompass the Quality Assurance and enforcement of all construction contract requirements. It can be expected that the contractor will be working on site 24 hours per day. CM services are to be provided to enforce construction contract requirements.
3.1 Pre-construction Conferences
Purpose:
To provide a forum for all essential project participants to meet prior to the start of work. This meeting will outline the City’s administration of the contract, introduction of the participants, and record all comments and questions submitted by the contractor. Provides an understanding of the procedures to be used on the project and what the Contractor can expect from the City and its consultants.
Approach:
Consultant will schedule, prepare the agenda, chair and take minutes of the pre-construction meeting. The meeting will outline project specifics and inform the Contractor of project administration procedures.
Assumptions:
1. The City will provide the meeting venue.
2. The City will assist Consultant in developing the attendee list.
3. Consultant will prepare a draft agenda for City approval prior to meeting.
Deliverables:
1. Written agenda and minutes of pre-construction conference.
2. Electronic copies of pre-construction meeting minutes to the attendees.
3. Review and comment on contractor’s base-line schedule.
4. Establish ground rules of coordination & communications with contractor and designer concerning the processing and reviewing of submittals and RFI’s.
5. Maintain construction documents per the Local Assistance procedures manual.
6. Enforcement of Labor Compliance Requirements.
7. Enforcement of Quality Assurance Program
8. Completion of all necessary attachments as detailed in Local Assistance Procedures Manual.
9. Discussion of environmental permits requirements.
10. Discussion of water quality requirements.
11. Discussion of utility company requirements.
12. Preparation of invoices for reimbursement.
3.2 Communications and Correspondence
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SCOPE OF WORK
Purpose:
To provide for and/or facilitate effective communications, on behalf of the City and among all stakeholders in the administration of the construction contract.
Approach:
Consultant will obtain all pertinent information as required to develop a project directory of all key personnel and stakeholders working on the project. Consultant will develop a graphic chart indicating the proper flow of correspondence. Consultant will log all information received from the Contractor and others. Lastly, Consultant will prepare and/or forward appropriate responses, obtaining City approval when required.
Assumptions:
1. The Consultant’s Correspondence Log will be used for all correspondence received from the City, the contractor and others.
2. All original correspondence will remain with the project files. Only copies will be distributed, with the exception of shop drawing submittals.
3. The Consultant’s project files will be turned over to the City upon the conclusion of the project.
Deliverables:
1. Communication flow chart.
2. Written logs of information received from the City, the Contractor, design consultants, biologist, testing firm, citizens and/or others.
3.3 Project Changes and Construction Change Order Management Purpose:
To review proposed changes to the project and determine if the change is necessary and/or beneficial to the project, and if such changes constitute a change order.
To provide a system for logging and tracking all changes on the project.
To provide the City with assurance that the Contractor is not presenting requests to be paid for additional work included in the original contract.
To assure the City that the associated extra work costs and time extension requests are fair and reasonable to both the City and the Contractor.
Approach:
Consultant will review potential changes to the project for contractual and technical merit, prepare independent cost estimates and schedule analysis of work, discuss proposed changes with City, and negotiate change order costs with the Contractor. Consultant will prepare change orders with all required support documentation for execution by the City. Consultant will keep the City apprised of cumulative changes in the project cost and project duration.
Consultant will negotiate change orders on behalf of the City and will use the following approach in assisting & coordinating the process with the City:
Requests for Changes by the City
1. Consultant will forward a Request for Quote (RFQ) to the Contractor for pricing and stipulation of 575
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proposed time extension, if requested work can be shown to impact the project’s critical path. The RFQ shall contain a description of the extra work (normally provided by the Designer) to fairly price the work.
2. Consultant will prepare an independent cost estimate of the extra work.
3. Consultant will review the cost quote from the Contractor for completeness, negotiation cost and time extension requests as required and, obtaining City concurrence throughout the process. Obtain City authorization for proceeding with the change, based on definitive cost and time extension values.
4. Should Consultant and Contractor be unable to negotiate a reasonable price, the City will be consulted prior to directing the work via alternative contract change options such as proceeding on a time and material basis or proceeding by force account.
Request for Changes by Contractor
1. Consultant will review requests of proposed cost and/or time impacts for merit. If Consultant determines the request fails on merit, the contractor will be informed of the reasons why the request is denied. Should Consultant determine the request has merit, Consultant will proceed with steps 2 and
3. 2. Consultant will prepare an independent cost estimate and schedule analysis of the work.
3. Consultant will negotiate extra work cost and time extensions with the Contractor.
4. Consultant will prepare change order documents for approval and execution by the City.
Assumptions:
1. Consultant will have authority to make minor changes to work that it determines to have no cost or time impacts to the construction project.
2. Consultant will be allowed to use their own judgement regarding how best to handle cost negotiations with the Contractor, but will keep the City informed throughout the process.
3. Consultant will prepare official change order documentation to be processed with the Contractor’s regulation application for payment.
4. Consultant will transmit electronic copies of change order documentation to the City.
5. Consultant will obtain final approval of all project cost and/or project time changes from the City, and Caltrans prior to authorizing the Contractor to proceed with changes.
Deliverables:
1. Perform quantity and cost analysis as required for negotiation of change orders
2. Analyze additional compensation claims that are submitted during the construction period and prepare responses.
3. Perform claims administration including coordinating and monitoring claim response, logging claims and tracking claim status.
4. Change order documentation ready for approval and execution by the City.
3.4 Monthly Construction Progress Reports
Purpose:
To keep the City apprised of the project status during the prescribed construction period.
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Approach:
Consultant will prepare a monthly report that provides construction status to the City and other involved parties. The monthly report shall contain the following:
1. Status of contractor’s schedule and what the contractor is doing to maintain or catch up if the schedule has slipped. While the focus will be on critical path items, other items that might become critical will be discussed in the report.
2. Construction and construction manager’s costs incurred for the month.
3. Cash flow projections for both the contractor and Construction manager.
4. Identify actual and potential problems associated with the construction project and consult with the Project Manager and design engineer.
5. Evaluate Value Engineering Change Proposals (VECPs) and provide recommendations to the Engineer for acceptance or denial.
6. Potential Issues, pending change orders and executed change orders.
7. Photographs to show construction activities and for clarity regarding special issues.
8. Other information deemed necessary for the City to have a concise understanding of the construction Project.
Assumptions:
The City will assist City in the initial formatting of the first report.
Deliverables:
1. Monthly progress report.
2. One page summary report for distribution to City staff or elected officials.
3.5 Schedule Monitoring
Purpose:
To monitor and review the Contractor’s schedule, after acceptance of the baseline schedule, so that the project is not being delayed over issues within the control of the Contractor and ensure project is completed within approved schedule.
Approach:
Consultant will develop procedures, using available software, to review the Contractor’s monthly schedule updates for logic, duration, and resource changes. Consultant will notify the Contractor of discovered changes and document the Contractor’s response, for the record. Consultant will keep the City apprised of the Contractor’s current construction schedule.
Assumptions:
Contract specifications will require the Contractor to use Critical Path Method (CPM) scheduling tools/software.
Deliverables:
1. Consultant will prepare and transmit to the Contractor schedule review comments
2. Monthly review of contractor’s schedule updates and provide a summary to City on schedule status 577
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and impact of changes to completion date.
3. Monitor and facilitate utility coordination with various utility companies and the Contractor.
Incorporate relocations in the schedule and report any delays and impacts to the completion date.
3.6 Cost Monitoring
Purpose:
To provide the City with a system that is easy to understand and provides up-to-date cost information for making timely decisions.
Approach:
Using a software to generate spreadsheet and graphs for the purpose of monitoring anticipated and actual cost outlays.
Assumptions:
The City will provide direction regarding desired cost monitoring information and report formats.
Deliverables:
1. Monthly cost monitoring reports in a format to be determined.
2. Monthly progress report for the City describing key issues, cost vs. budget status, and schedule status.
3.7 Progress/Coordination Meetings
Purpose:
To provide a forum for the review of the project status, the look-ahead schedule including activity sequence and duration, schedule for delivery of long lead items, outstanding RFIs, submittals, and other project issues.
Approach:
Consultant will conduct weekly progress/coordination meetings, to be attended by the City, the Contractor, Consultant and other invitees. Consultant will request the City and the Contractor to submit agenda items for the meetings. Using the proposed agenda items and agenda items developed in house, Consultant will prepare a comprehensive agenda for the meeting and distribute the agenda to all parties scheduled to attend.
Following the meeting, Consultant will distribute meeting minutes, requesting either the concurrence of those who attended, or suggested corrections to the minutes. Minutes will be filed as either approved or amended.
Assumptions:
1. The City’s and Contractor’s staffs will be able to meet on a regular basis with minimal absences.
2. Meeting will not take place more than once a week or will not last longer than one hour.
3. The Contractor will submit a look-ahead schedule (2 or 3 week) at each meeting.
Deliverables:
1. Agenda with status of open items from previous meetings.
2. Meeting minutes, for review, with action items noted.
3. Amended meeting minutes, if required.
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4. Submittal, Issue log, Change Order log and RFI and RFQ working logs.
3.8 Payment Recommendations
Purpose:
To verify that the Contractor’s request for payment does not represent more than an amount that is reasonable for the work done on a monthly basis. To prepare progress payment recommendations on behalf of the City for work completed and materials stored on hand (if allowed).
Approach:
Consultant will review and approve the Contractor’s monthly progress based on the percentage of work activities complete. Consultant will collect all necessary document needed for reimbursement for LPP grant.
The Contractor will submit a certified application for payment to consultant for final review. Once approved, City will review, approve and execute the payment.
Assumptions:
1. The City will make payments in accordance with the contract stipulations and State Law to the Contractor once each month.
Deliverables:
1. Contractor’s certified application for payment.
2. Progress payment request documents suitable for approval and execution by the City.
3.9 Safety
Purpose:
To review the Contractor’s work site safety and notify the contractor of unsafe conditions, as observed.
Implement the Cal OSHA Safety Orders requirements for providing safe work site conditions.
Approach:
Consultant will observe contractors’ work area. Contractor is to be informed if unsafe work conditions and/or areas are observed. Immediate shutdown of contractor’s work may be required if conditions endanger property and/or life. Random attendance of contractor’s tailgate meeting. Consultant will conduct its own bi- weekly staff safety meeting to discuss specific safety procedures and issues relating to current or upcoming construction activities requiring unique safety procedures.
Assumptions:
1. Contract document requires Contractor to submit its safety program and safety officer prior to the start of work.
2. Contract documents or Contractor’s safety program requires contractor to submit accident reports.
3. Consultant assumes no responsibility for safety of contractor’s work areas.
4. Consultant assumes no responsibility for implementation of Contractor safety program or its construction means and methods.
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Deliverables:
1. Accident reports from Contractor.
2. Bi-weekly safety meeting minutes.
3. Copies of safety issues discussed during contractors tailgate meetings.
3.10 Environmental Coordination & Biological Monitoring
Purpose:
To verify the contractor has copies of applicable permits and that the work activities abide by the requirements of the permits granted by regulatory agencies. All permits shall be kept current and renewed prior to expiration throughout the project duration.
Approach:
Consultant will review and enforce requirements stipulated in permits issued by regulatory agencies.
Consultant will mobilize the services of its sub-consultant for Biological Monitoring who will provide a certified Biologist (Monitor).
Assumptions:
1. All permits will be provided to Consultant for review.
2. All permits will be included in the contract documents.
3. Project Biologist will ensure compliance with permits and Stewardship Section of the project’s Special Provisions.
4. A certified Biologist will be provided by Consultant’s sub-consultant. This Biologist shall be knowledgeable and experienced in biology of wildlife resources present at the Project.
5. The USFWS must approve the Biological Monitor. Biological Monitor will be responsible for oversight of Programmatic Biological Opinion for any listed or protected species within or adjacent to the PROJECT site.
Deliverables:
The Consultant’s sub-consultant Biological Monitor will:
1. Develop a Worker Environmental Awareness Program. Each employee (including temporary, contractors, and subcontractors) will receive a training/awareness program. Interpretation for non -English speaking workers will be provided. They will be advised of the potential impact to the listed species and the potential penalties for taking such species. At a minimum, the program will include the following topics:
occurrence of the listed and sensitive species in the area, their general ecology, sensitivity of the species to human activities, legal protection afforded these species, penalties for violation of Federal and State laws, reporting requirements, and project features designed to reduce the impacts to these species and promote continued successful occupation of the project area environs. Included in this program will be color photos of the listed species, which will be shown to the employees. Following the education program, the photos will be posted in the resident engineer's office and contractor's office, where they will remain throughout the duration of the project. The RESIDENT ENGINEER, CONTRACTOR, and USFWS- approved biological monitor will be responsible for ensuring that employees are aware of the listed species.
2. Ensure that ESAs will be designated by erecting protective fencing delineating the project impact boundary and sensitive habitats and that this barrier fencing will be constructed in such a way as to restrict the 580
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movement of fauna into impacted areas but not trap wildlife within project construction area. Be present for all ESA fence construction. Inform all parties associated with this project to strictly avoid these areas and that no construction activities, materials, or equipment will be permitted in the ESAs. ESA fencing shall be monitored daily.
3. Relocate any specified animals using traps or other methods acceptable to the USFWS if necessary.
Relocation sites must be identified by the USFWS.
4. Be present at all pre-construction and pre-grade meetings and on site during vegetation removal.
5. Will have the authority to halt al l associated project activities that may be in violation of any biological opinion. In such an event, the biologist will contact the USFWS within 24 hours.
6. Monitor that the construction work areas are delineated and marked clearly in the field prior to any habitat removal, and the marked boundaries are maintained and clearly visible to personnel on foot and heavy equipment operators. Shall strictly limit contractor personnel from activities and vehicles outside the proposed project areas, staging areas, and routes of travel.
7. Monitor construction to ensure that vegetation removal, Best Management Practices (BMPs), ESA fencing, and all avoidance and minimization measures are properly constructed, maintained and observed.
8. Monitor that all equipment maintenance, cleaning, staging, and dispensing of fuel, oil, or any other such activities, will occur in designated upland areas 50 feet from any channel. The designated upland areas will be located in such a manner as to prevent any runoff from entering waters of the United States, including wetlands.
9. Monitor that the typical erosion control measures, BMPs, in the vicinity of streams will be employed in accordance with the conditions in the 401 Water Quality Certification requirements of the Regional Water Quality Control Board.
10. Monitor the restriction of the use of invasive exotic plant species in landscaped areas adjacent to or near sensitive vegetation communities. In compliance with Executive Order 13112, impacted areas will be revegetated with plant species native to the area.
11. Monitor that all construction equipment will be inspected and cleaned prior to use in the proposed project footprint to minimize the importation of non-native plant material per the Vehicle Equipment Treatment Plan. Also monitor/verify that all mulch, topsoil and seed mixes used during post construction landscaping activities and erosion control BMPs will be free of invasive plant species propagules. Ensure that a weed abatement program will be implemented should invasive plant species colonize the area within the project footprint post-construction per Weed Abatement Plan.
12. Monitor that no off-road vehicle activity from construction personnel or other persons affiliated with the project will occur outside of the project footprint.
13. Monitor that the all trash will be placed in covered containers and removed from the site daily.
14. Monitor that no pets or firearms will be permitted inside the project’s construction boundaries or other associated work areas.
15. Monitor least Bell’s vireo and other bird species per Nesting Bird Management Plan and Burrowing Owl Protection Plan.
16. Biologist shall ensure that Environmental Commitments Record (ECR) activities are conducted, and assist CONSULTANT in filling out ECR.
17. Monitor that all soil/rock removal and storage activities will be restricted to the project footprint, including staging and detour locations, and that no activities will be authorized that extend beyond the boundaries of the project footprint.
18. A Paleontological Mitigation Plan has been prepared for Project. A paleontological monitor will monitor 581
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all subsurface -disturbing activities during construction. The Monitor will attend the preconstruction meeting. Monitor will provide paleontological resource awareness training prior to construction for one hour. A final summary report shall be prepared by monitor.
19. Monitor that proper signage be implemented to advise motorists that the vehicle speeds on unpaved construction access roads will be restricted to a m aximum of 25 MPH Speed limits must be reduced to 5 MPH within wildlife corridors during nighttime construction.
20. Monitor that all culverts, bridges, and associated water passage structures will be maintained such that water and sediment may pass between upstream and downstream locations and so as not to block the passage of wildlife.
21. Bat Surveys: CDFW approved biologist will conduct an additional nighttime survey during June -August.
Results of the survey will be submitted to CDFW for review. If a maternity colony is discovered biologist will develop measures and buffers to be submitted to CDFW for review and approval. A Bat Avoidance, Monitoring, and Protection Plan will be prepared that details these measures and buffers, among others detailed in the 1600 permit. Included in these measures will be the inspection and removal of swallow nests in the fall to prevent bats from wintering over in them. Biologist shall oversee the removal of mature trees and snags by the two-step process.
22. Biologist shall monitor construction and removal of water diversion in accordance with Avoidance Management Plan for Santa Ana Sucker (SAS). Biologist shall be certified to handle and preserve SAS.
23. At the end of each work day, biologist or designee shall o versee the securing of all open trenches so that animals are unable to enter and become trapped.
24. Monitor is to ensure compliance with any U.S. Army Corps of Engineers (USACE) 404 permit authorization, California Department of Fish and Wildlife 1600 permit, 408 permit from San Bernardino County and USACE and the California Regional Water Quality Control Board 401 permit.
25. Monitor shall wear Class II or Class III safety vest and hard hat at all times on the job site and shall be aware of the location of all heavy equipment in the vicinity as they may not be visible to the equipment operator.
26. All materials submitted will become the property of the COUNTY.
3.11 Neighborhood Communication/Public Information
Purpose:
To provide an efficient means for keeping traveling public, adjacent residents and businesses appraised of the work activities they will encounter during construction. To provide a local contact telephone number that residents and businesses may contact to pose questions and discuss concerns.
Approach:
Using the Neighborhood affairs strategy memorandum, developed per Section 1 of this scope, Consultant will prepare “Dear Neighbor” letters and door hangers as a means to communicate with adjacent residents and businesses. Attending and facili tating public meetings, responding to citizens and business owner’s inquiries.
Working with the City’s Communications Department.
Assumptions:
All information for public use is to be reviewed for concurrence by the C ity and provided to the County as requested.
Deliverables:
1. Attend Neighborhood/Business meetings on an as needed basis. 582
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2. Minutes of any meetings listing questions posed by residents and business owners.
3. Work progress flyers (Dear Neighbor letters).
4. Door hangers if not provided by the Contractor.
5. Local contact number for CONSULTANT.
6. 24-hour hot line
7. Installation of a construction site video camera
8. Project web page maintenance and updates including current schedule, progress updates, costs, public meeting information, camera feed, and project exhibits
9. Provide Draft “Friday” report items to the COUNTY and draft news releases as needed.
10. Coordinate with CHP, law enforcement, emergency services, etc. regarding construction activities that may impact public safety.
3.12 Traffic Control and Signal Timing
Purpose:
To provide an efficient means for keeping traffic flowing through the site to adjacent residents and businesses during construction.
Approach:
Using a Traffic Engineer, Consultant will provide the necessary expertise to evaluate and modify permanent and temporary traffic controls, including signal timing as necessary to ensure the safe and efficient handling of traffic through the project site. Work with the City engineering office.
Assumptions:
Any City desired changes to the traffic handling will be communicated to Consultant in a timely manner. Any Contractor desired changes to the traffic handling plans will be handled per Section 3.3 of this scope and require City concurrence prior to implementation.
Deliverables:
1. Monitor, review and provide recommendations for modifications to traffic handling during the course of construction.
2. Work with the City to implement those signal timing charts, if needed.
3.13 Submittal Management and Review
Purpose:
To provide an efficient means of processing and reviewing submittals, including working drawings, shop drawings, product data, sample and other items furnished in accordance with Sections 5-1.02 and 5-1.02A of the State Standard Specifications, from the Contractor and forwarding applicable submittals to the Project Designer as may be appropriate.
Approach:
Consultant will develop a comprehensive submittal list for distribution to the Contractor and the Designer.
Consultant will update and submit status submittal logs for review at each coordination meeting. Consultant 583
SCOPE OF WORK
will work with the Contractor and Designer (where applicable) to encourage timely submission, review and approval of submittals as outlined in the Contract Documents, prior to inclusion of submitted materials in the progress of the work. In addition, C onsultant will perform the engineering reviews and approvals for working drawings and calculations provided b y the Contractor in accordance with Sections 5-1.02 and 5-1.02A of the State Standard Specifications and within the review timeframes as specified in the applicable sections of the contract documents and specifications. The following steps will be taken in reviewing the Contractor’s submittals:
1. Log all submittals by Specification Section.
2. Ensure that the Contractor has provided a complete submittal, coordinated with the work of other trades, and that all deviations have been noted. Submittal is returned to the contractor if it is not complete.
3. Construction Manager reviews submittal for general compliance with the specification.
4. Applicable Submittals are forwarded to Designer for formal review. Submittal status is logged.
5. Submittals sent to Designer are returned to Consultant. Submittal status is logged.
6. Consultant to perform engineering review of submittals consisting of working drawings and calculations furnished in accordance with Sections 5-1.02 and 5-1.02A of the State Standard Specifications. Such submittals shall be reviewed and approved by C onsultant’s Resident Engineer in accordance the above sections, other applicable sections of the State Standard Specifications and the Caltrans Inspection Manuals for the associated work (i.e. Falsework, Prestressing, Trenching and Shoring, etc.).
7. Approved submittals are returned to the Contractor for use in work. Submittal status is logged.
8. Consultant to inform Contractor if a re-submittal is required.
Assumptions:
1. Consultant will not be responsible for errors or omissions in submittal lists.
2. Coordination and submission of submittals in accordance with requirements of the contract is the responsibility of the Contractor.
3. City will provide a listing of submittals to be reviewed by the Designer or others including City staff.
4. Consultant will not make an exhaustive review of Contractor’s submittals except as noted above.
5. Consultant will forward to the Designer all submittals designated by the City to be reviewed and approved by Designer. These submittals are typically for pre-manufactured materials and assemblies specified in the Contract.
Deliverables:
1. Submittal status log.
2. Check Calculations, where required.
3. Copy of all approval letters, approved working drawings, submittals and final submittal log.
4. Request for Information (RFI) Management
3.14 Request for Information (RFI) Management and Review
Purpose:
To provide an efficient means of processing Requests for Information (RFIs) submitted by the Contractor. The efficient management of RFIs permits timely communication between the Designer and the Contractor.
Approach:
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Consultant will receive, log and review all RFIs for completeness and verify the question is reasonable and understandable. C onsultant will provide a short technical review of the RFI to determine if the issue is addressed adequately in the contract documents. Consultant will return the RFI if the question is unclear or, in the opinion of Consultant staff, the answer is contained in the contract documents, noting where the requested information can be found in the contract documents. C onsultant will track RFIs, using the software similar to Expedition, and facilitate the timely response from the Designer.
Assumptions:
The Designer will respond with an answer to all RFIs within the contract stipulated time period for response.
E-mail will be used to forward RFIs to the Designer and return responses to the Contractor, with original documents to follow.
Deliverables:
1. Comprehensive log of all outstanding RFIs and their status.
2. Prepare responses to RFI’s related construction issues
3. Transmit design related RFI’s to design engineer and copy City Project Manager.
4. Conduct meetings with the Contractor and other parties as needed to discuss and resolve RFI’s.
3.15 Document Management
Purpose:
To provide the City with an electronic means of tracking all documents exchanged between the parties involved in the construction of the project.
Approach:
Consultant will File Index modified to conform to the Caltrans filing system to log all documents in the project field office. Documents will be scanned into the document control system and attached to the file index categories. All documents will be filed as an electronic file and hardcopy.
Deliverables:
1. Comprehensive logs of all documents in the project files (electronic and hardcopy). Electronic files shall not require special software to read or access.
2. All hardcopy project documents exchanged on the project between the various parties.
3. Establish and process project control documents to include:
• Daily inspection and Resident Engineer’s diaries
• Weekly Statement of Working Days
• Monthly progress report and monthly progress pay estimate • RFI’s, Submittals
• Correspondences with Contractor, Caltrans, Permitting Agencies, Utility Companies, Regulatory Agencies, and other stake holders
• Survey requests and survey notes
• Materials receipts, materials testing results, and certificate of compliance • Mix designs
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3.16 Review Certified Payrolls
Purpose:
To verify the Contractor provides certified payroll reports in conformance with the provisions of the contract and applicable State Law. To verify the certified payroll reports contain information required by the Labor Code.
Approach:
Consultant will receive and review certified payrolls from the Contractor and each of its subcontractors.
Consultant will check for the “Statement of Compliance” from the Contractor and/or subcontractors, and spot- check wages for each classification of laborer or craftsperson. Consultant will notify the City and the Contractor of all discrepancies and/or errors and request a corrected Certified Payroll.
Assumptions:
1. Consultant will conduct employee interviews, for the p urpose of verifying payment of prevailing wages.
Consultant will perform a minimum of one interview per trade, per contractor per month.
2. Consultant will not be held responsible for enforcement of the Labor Code.
3. Consultant will maintain a weekly list of subcontractors working on the project.
4. Consultant will not be responsible for identifying every worker on site.
Deliverables:
Hardcopies of the Contractor’s certified payrolls maintained in the project files.
3.17 Storm Water Pollution Prevention Plan (SWPPP)
Purpose:
To protect the City from potential fines from regulatory agencies by monitoring contractors' activities regarding pollution prevention controls and/or activities for general compliance with the contractor’s SWPPP Best Management Practices (BMP).
Approach:
Consultant will observe the contractor’s work area for general compliance with the SWPPP Best Management Practices (BMP) and notify the contractor if the pollution prevention controls are not in accordance with the SWPPP. Failure to revise and correct conditions will be cause to have the City take corrective action. Immediate shutdown of the contractor’s work may be required, if conditions are in non -compliance with the SWPPP or other permit conditions.
Assumptions:
1. Consultant will not provide full time inspections of contractor’s work areas for compliance with the contractor(s) SWPPP and BMP.
2. Consultant will not be responsible for contractor(s) means and methods for complying with the BMP listed in the SWPPP.
3. Consultant will not be responsible for costs incurred by the contractor(s) for its failure to comply with its SWPPP.
4. Consultant will document site conditions with respect to SWPPP and BMP weekly and maintain a separate file for said reports.
Deliverables:
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Contractor(s)’ SWPPP monitoring reports and C onsultant documentation of site conditions kept in project file for the record.
4 – CONSTRUCTION INSPECTION SERVICES
4.1 Inspection and Documentation
Purpose:
To provide the C ity with documentation of construction activities, duration of activities, manpower and equipment allocation, inspections, and work conditions.
Approach:
Consultant will provide experienced and qualified inspectors acceptable to the C ity. Inspectors will document the Contractors’ daily activities, manpower loading, on-site equipment and items considered pertinent to the project. Construction contractor may be working on site 24 hours per day. CM services are to be provided to enforce the construction contract requirements.
Consultant will coordinate and manage the utilization of C onsultant’s inspectors for the purpose of providing daily inspections and/or special inspections as deemed necessary and beneficial for proper completion of the project, or, at the C ity’s direction, C onsultant will negotiate and enter into sub-consultant agreements with qualified inspectors including special inspectors, as needed and defined in Task 1.5.
Assumptions:
1. Consultant shall provide inspectors who are experienced and qualified for the inspection required.
2. All inspections will be within the project limits.
Deliverables:
1. The Inspectors will ensure compliance with all aspects of this construction contract by continuously monitoring, evaluating, approving or rejecting the contractor’s work in accordance with the approved construction contract and Caltrans requirements.
2. Consultant Inspector’s daily and/or special inspection reports maintained in the C onsultant project files and turned over to the City at the completion of the project. Copies of these daily reports will be submitted on a weekly basis or upon request.
3. Take and maintain digital photographs and videos as necessary to provide documentation of construction activities. All photos will be logged, date d and kept at the field office in a bound folder (hard copies and CD copy).
4. Verify field measurements for compliance with contract plans and specifications and provide quantity calculations for progress payments.
5. Continue to update an As-Built set of plans and review contractor’s marked set.
6. Conduct weekly project meetings, prepare and distribute to all designated parties.
7. Review the updated construction schedule and maintain record.
8. Review laboratory, shop and mill test reports of materials and equipment, and coordinate with design engineers as required, to ensure compliance with contract and Caltrans requirements to guard against defects and deficiencies in the project work.
9. As appropriate, require special inspection or testing, or make recommendations to the C ity regarding special inspections or testing of work not in accordance with the provisions of the contract documents 587
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whether or not such work is fabricated, installed or completed. Subject to review by City and/or Caltrans, Inspector may reject work which does not conform to the provisions of the contract and approving agencies.
10. Establish and process job control documents including:
• Daily inspection diaries
• Weekly Resident Engineers News Letter
• Monthly construction progress payment
• Request for information
• Survey requests
• Materials receipts
• Weigh master certificates
• Materials submittals
• Weekly statements of working days
• Construction change orders
• Review of certified payrolls
4.2 Materials Testing, Construction Testing & Quality Assurance Program (QAP)
Purpose:
To provide project site and laboratory testing of construction materials used in the project for the purpose of determining quality and acceptability of materials and workmanship incorporated into the project and in compliance with the contractor documents.
Approach:
Consultant will coordinate and manage the utilization of the materials and testing laboratory for the purpose of providing laboratory and field -testing of materials in accordance with test methods and frequencies specified in the contract documents, as required by the California Test Methods, and Caltrans’ Quality Assurance Manual.
Assumptions:
1. Consultant shall provide material testers and laboratory technicians who are experienced and qualified for the inspection required.
2. Consultant will ensure the implementation of the Quality Assurance Program for source inspections, materials acceptance, and special inspections as required by the contract.
3. All material testing, materials acceptance and special inspections will be within the project limits or as required by the contract.
4. Contractor must formally request testing in writing. If no formal request is made (at what time), the CM will ensure the contractor will stop the effected work until testing is complete and materials are deemed acceptable.
Note: City may, if they choose, perform part or all of the materials testing.
Deliverables:
1. Laboratory test reports maintained in the Consultant project files and turned over to the City at the completion of the project.
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SCOPE OF WORK
2. Summary sheet of all test reports submitted by others to substantiate compliance with contract documents.
3. Summary sheets of all Certificates of Compliance or source release tags furnished by the Contractor along with the applicable delivered materials at the job site.
4. Testing summary sheets.
5. Coordinate source inspections and special inspections as required by the contract document and the Quality Assurance Program.
4.3 Surveying
Purpose:
To provide construction survey staking services for the construction of storm drains, curb & gutters, other utilities, street sections, sub-grades, bridges, walls and for monitoring settlement and other appurtenances as may be required for completion of the Limonite Gap Closure Project.
Approach:
Consultant will manage all survey staking services necessary for the construction of this project. Consultant will review contractor’s survey staking request for completeness and adherence to the boiler plate of approved survey activities (including interval spacing) and schedule survey staking in a timely manner.
The survey staking services shall conform to Sect ion 11 “Engineering Surveys” and Section 12 “Construction Surveys”, both of the Caltrans Survey Manual, the Land Surveyors Act and the following requirements:
1. Responsible Charge for the work shall reside with a Registered Civil Engineer possessing a licens e issues prior to January 1, 1982, or a licensed Land Surveyor, issued by the State of California.
2. Construction staking shall begin no later than two working days after the initial request is made through the Consultant’s Resident Engineer and received by the Land Surveyor; working days will be determined by the Land Surveyor’s standard work week.
3. Consultant will ensure that all survey -staking services are coordinated to meet the contractor’s operations schedule; staking requests are submitted and reviewed in a timely manner. Any penalties associated with time delays that are a result of a failure to provide approved staking requests to the Land Surveyor in a timely manner will be borne by the Consultant.
4. Consultant will provide field office support and offi ce space to the survey crews and check field staking notes after staking.
5. Consultant survey staking sub -consultant, if required and approved by the C ity, shall provide all labor, tools, equipment and other miscellaneous items necessary to perform their work, and providing one set of construction stakes as required by the construction contract.
Note: City may, if they choose, perform part or all of the surveying tasks.
Deliverables:
1. Maintain log of construction staking requests.
2. Maintain a construction-staking plan set in the field office for review, reference, and document any as-built changes.
3. Maintain files of all field notes for review and reference.
4. Limits of clearing and grubbing will be flagged at 100-foot intervals. 589
SCOPE OF WORK
5. Slope Stakes will be placed at 50-foot intervals. Rough grade will be staked at all grade breaks and at 50 - foot intervals. Slope stakes will be provided for roadway.
6. Finished grading stakes will be provided at all grade breaks and points of curvature (BC, EC, PRC, PCC, etc.) with curb and gutter stakes placed at 25 -foot intervals, and edge pavement stakes placed at 50 -foot intervals. Additional stakes at intermittent intervals can be provided where project conditions require, such as tight radius curves, etc.
7. Utilities will generally be controlled by adjacent construction staking or adjacent facilities with the Land Surveyor providing staking of project features and/or project right -of-way in the vicinity of the utility in question. Storm drains will be staked a t 50-foot intervals. Water and sewer lines, when required, will be staked at grade breaks, angle points, appurtenances (valves, crosses, ends, etc.) and at 50 -foot intervals; 25-foot interval spacing will be used when the grade is less than 0.3 percent. Stakes will be provided at the ends of pipes (with a corresponding “Line Only Point” stake) and at appurtenances, Drop inlets shall be staked with two 5-foot offset stakes parallel to curb, showing offset to curb line; the local depression is the contractor’s responsibility.
8. Retaining walls, bridge abutments and bents: one set of stakes will be provided for bridge construction as follows: At each abutment, pier or bent the corners of each footing will be staked, and three stakes w ill be provided: One stake will be provided at the intersection of the control line and abutment/bent/pier centerline. The other two stakes will be placed on the centerline of the abutment/pier/bent, one on either side of the structure, offset as requested by the Contractor. Approach slabs will be established at limits of slabs, with one set of stakes to offset requested by the Contractor. Retaining wall staking will be provided at not less than 20- foot intervals, or exceed 50-foot intervals. The Contractor shall provide retaining wall intermediate staking and additional survey controls as required to construct the structure to the grades and tolerances required by the Standard Specifications and Special provisions.
9. Other improvements such as permanent delineation, signs, lighting, signals, traffic detector loops, guard rails, etc., will be staked by the Construction Engineer.
10. Monuments established by the C onsultant shall be marked by the C onsultant with State furnished disks, plugs, or tags. In addition, the Consultant shall identify Consultant established monuments by tagging or stamping the monuments with the license or registration number of the C onsultant’s surveyor who is in “responsible charge” of the work. Replacement of Survey monuments shall be the responsibility of the Consultant. All new monuments shall be set in accordance with current Caltrans, City and Land Surveyors Act requirements.
4.4 Review and maintain “As Constructed Schedule”
Purpose:
To track contractor’s progress during construction of the project.
Approach:
Consultant will use the daily inspection reports prepared by C onsultant inspectors, the contractors’ schedule, site observations, and other sources of information, to track and document the contractor’s actual progress.
The contractor’s baseline critical path schedule or most recent accepted update will be used as a basis for comparing planned versus actual progress. The CPM software described in Section 2 will be used to track the contractor’s progress and build a schedule based on the contractor’s activities.
Assumptions:
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Monitoring will be on a continuous basis and the “as constructed” schedule will be updated monthly.
Deliverables:
An “As Constructed Schedule” with one electronic file (readable by software used by the City) and one hardcopy.
4.5 Maintain Photographic and Video Records of Construction Progress
Purpose:
To provide the City with a photographic record of the project, before, during and after construction.
Approach:
Using digital photography, and construction video recording cameras, Consultant will record the Contractor's progress during construction on a daily basis or otherwise as approved by the City. Care will be taken to record all items and/or conditions that have or may have a bearing on claimed extra work. Still photographs will be labeled with captions indicating subject matter, date taken, and any description required to further clarify the item/issue being photographed.
Deliverables:
1. A detailed photographic history of all phases of the project will be maintained in an album and the photographs will be indexed for ease of retrieval. Each photograph will be labeled as to location, direction of view, date, time, and description of work. Photos will include, but not be limited to, the following:
• Showing existing conditions prior to construction
• When opening or changing a detour
• Barricade placement
• Disputed work item
• Work that has to be duplicated, replaced or removed
• Completed work
• Extra work
2. Construction video cameras, with pan, zoom, tilt capabilities are to be installed prior to construction start and maintained throughout the project. One camera in each quadrant of the bridge shall be place so as to capture the widest range of activity and clearest views of the project to the extent possible. Cameras may be required to be relocated as project phase’s change. Coordination with C ity to provide live video feed via the City web site is required. Consultant is for an appropriate power source for the cameras. Solar power may be considered.
4.6 Review and Maintain “As Built” Drawings
Purpose:
To provide the City with accurate record drawings for the project.
Approach:
Consultant will monitor the contractor’s required record drawings on a monthly basis. In addition to monitoring the contractor’s drawings, Consultant will maintain a copy of the contract plans for the project. Consultant will ensure that items that may not normally be shown on the contractor’s set of record drawings, but are of importance to the C ity are included in the as-built drawings. This information is not necessarily construction 591
SCOPE OF WORK
related, but is project related and may be important in future maintenance and/or construction projects.
Assumptions:
1. Contract documents will require contractor to prepare redline as-built drawings to reflect as- built conditions during the course of construction.
2. The Consultant will be responsible for ensuring the contractor maintains red line changes and will be responsible for making redline changes to one complete set of plans.
3. Consultant will assist in answering questions regarding the red line drawings, providing sketches or other clarifications to the design engineers for preparation of final as built record drawings.
Deliverables:
One set hard copy and PDF of marked up contract drawings. This set will be in addition to the contractor’s marked up set of contract findings.
4.7 Final Inspection and Punch-list
Purpose:
To identify elements of construction requiring correction prior to final acceptance by the City.
Approach:
Consultant will perform a project inspection of the completed construction following substantial completion.
During the inspection, the C onsultant will develop a list of contract work requiring correction or rework. The written list of deficient work (punch -list) will be delivered to the City and Contractor within three (3) working days of the final inspection. The final punch -list will include items to be corrected that were identified previously during the course of construction.
Assumptions:
1. The City will identify any key City staff or other agency personnel to be included in the final inspection.
2. Consultant will contact and schedule all required final inspection personnel 48 hour prior to the final inspection.
3. Consultant will prepare the final punch-list.
Deliverables:
Final punch-list
4.8 Final Acceptance – Punch List Assistance
Purpose:
To provide the City with reasonable assurance that the work of the project has been completed in compliance with the general intent of the contract documents.
Approach:
Consultant will coordinate a walk -through with the C ity, the Designer, and the Contractor. C onsultant, with assistance from the City and the Designer, will prepare a punch list indicating all deficiencies and/or omissions 592
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noted in the walk-through. Consultant will then forward the punch list to the Contractor for correction of the work in accordance with timelines defined in the contract. Consultant, in conjunction with the City, will inspect items on the punch list once the Contractor has notified the Consultant that the work is complete. Completed items on the punch list will be signed off by the C onsultant. Upon completion of the punch list work the Consultant will notify the City that the work is complete and forward a copy of the completed punch list.
Assumptions:
Consultant will provide a preliminary punch list of outstanding work items to the Contractor. Consultant will ensure all punch list items are completed prior to requesting a final walk - through from the C ity and the Designer.
Deliverables:
Completed and signed-off punch-list submitted to the City with the closeout documents.
5 – CONSTRUCTION CLOSEOUT ACTIVITIES
5.1 Contract Closeout
Purpose :
To provide the City with final closeout documentation, including any permit and grant completion documents.
Approach:
Consultant will turn over all project files, contract correspondence and documents including final logs at time of project completion.
Assumptions:
City will file final Notice of Completion and Acceptance of Work.
Deliverables:
1. Notice of Completion form for City.
2. Notices of Completion for any Permits, including “duplicate” permits for project and documentation showing the NOC has been recorded.
3. Preparation of supporting information for NOC.
4. Copy of the Contractor’s performance bond, good for the warranty period.
5. Final project documentation in accordance with the requirements of the Caltrans local assistance manual and LPP Grant requirements.
5.2 Project As-Built Drawings
Purpose:
To provide the City with accurate record drawings indicating all changes and as-built conditions.
Approach:
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In addition to monitoring the Contractor’s record drawings, Consultant will maintain a copy of up-to-date contract plans for the purpose of aiding the Designer in final review of the record drawings.
Assumptions:
1. The Contractor will be responsible for preparing the record drawings in both reproducible and electronic formats.
2. Consultant will assist the Designer in review and final approval of the as-built record drawings.
Deliverables:
One set of contract drawings indicating recorded changes to the contract, as maintained by Consultant. This set will be in addition to the Contractor’s marked up set of contract drawings. Provide one copy of the revised Mylar drawings. The design consultant will prepare the record drawings for the project.
5.3 Final Project Report
Purpose:
To provide the C ity with a written history of the construction contract. The contents of the final report are to fulfill federal requirements for federal financial participation.
Approach:
Consultant will review the project documents and prepare a written report for the City. As a minimum, the report will include the following:
1. Names of all organizations involved with the Projects, i.e. City, construction manager, contractor and any other parties that may have a significant part in the construction of the projects.
2. Chronological history of the construction effort, to include all significant dates.
3. Contract amounts at bid time with all other bids in tabular form.
4. Change order history, to include summary statement about each change, negotiated cost of each change and other information deemed necessary by Consultant and the City’s Project Manager.
5. Summary of Requests for Information, in tabular or matrix form.
6. Summary of outstanding claims not resolved when the notice of completion is filed.
7. Summary of final contract amount.
8. Summary of reimbursement request and reimbursements for any associated grants.
9. Project photographs.
10. “Lessons learned”
Deliverables:
One hard copy and one electronic file.
5.4 Final Payment, Final Report of Expenditure Checklist
Purpose:
To provide the C ity with the final contract cost and final balance due the Contractor. Also prepare Report of Expenditure Checklist for reimbursement including all necessary attachments. 594
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Approach:
Following completion of the contract work, C onsultant will, in accordance with the Designer, determine the final quantities and cost of all outstanding unit price work and all outstanding approved change order work.
Consultant will prepare for the C ity and the Contractor, a final balancing change order quant ifying the final contract amount. Contractor will include amount of final balancing change order in submission of last certified application for payment, submitted to C onsultant. Once approved, C onsultant will forward application for payment to the City for final approval and processing.
Assumptions:
1. There are no outstanding issues or claims.
2. The City is responsible for filing Notice of Completion and addressing all subcontractor claims prior to release of final payment.
Deliverables:
1. Final Pay Estimate including finalized bid items, claims, change orders, punch-list items, and corrected shop drawings.
2. Contractor’s last certified application for payment with application certificate.
3. Report of Expenditure Checklist with attachments
4. Grant final report including all attachments.
5.5 Audit Support
Purpose:
To assist City during any future audits of the project.
Assumptions:
City may be audited one or more times following project close-out. The City will issue a future task order to pay for support services during any such audits, should they request these services.
Deliverables:
Consultant will participate in the audit process at the City offices and provide any and all documentation from the project as requested by the auditors, and attend meetings as needed.
6 – Field Office and Employee Equipment
The Construction Contractor will provide a construction trailer/office facility with sanitary facility, water supply, and air conditioning for the use of CM/Consultant staff and provide venue for weekly construction progress meetings, coordination meetings with local agencies, utility companies, local businesses, residents and other stake holders. Supplies t o be provided by the contractor include furniture, phones, computers, fax machine, Internet services, copying/reproduction machine, file cabinets, and site safety equipment required for field staff to perform their work.
595
Exhibit A
596
Cost Proposal JCSD CM/COORDINATION COST
City of Eastvale
January 15, 2022
Project Schedule
Calendar days
Work days
Advertise- Award & NTP/ Pre-Const (1/15/2021 to 5/31/2021) Construction Stage Must Start by (7/1/2021 - 6/301/2022) 12Months Construction Stage "Accelerated Schedule" (7/1/2021 - 3/31/2022) 9Months Post Construction (7/1/2023 -7/31/2023) or (4/1/2023 - 4/30/2023) Estimated Fees JCSD
Description Name Hourly Rate Hours
Principal-in-Charge Wael Faqih, PE $378.57 -$
Construction Manager
Claims Specialist Ashraf Mohamed, PE $250.00 12 3,000.00$ Lead Construction Inspector Ahmad Faqih, PE $240.00 -$ Roadway Construction Inspector Tim Dexter $177.03 48 8,497.29$ Construction Surveyor Bill Henry, PLA $205.00 12 2,460.00$ Technical Support Juan Rojas, PE $250.00 -$ SWPPP/Safety Dion Castro, ToR $210.00 -$ Asst. Resident Engineer/Office Engineer Zaid Afanan, PE $220.00 8 1,760.00$ Asst. Office Engineer Rhoda Abouazra $136.00 20 2,720.00$ 18,437.29$ Structures Representative/Inspection Danken $450,000.00 $450,000.00 Materials Testing Converse Consultants $120,000.00 $5,000.00 $5,000.00 $23,437.29
SUBCONSULTANTS - ADDITIONAL RESOURCES
Total Cost (9M)
Limonite Gap Closure Project Construction Management
Services
Award Contract to FALCON -NTP May 2022
Constructability Review "During Bid advertisement"
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SCOPE OF WORK
1 – CONSTRUCTION MANAGEMENT GENERAL SERVICES
The Consultant shall assign one person as a full-time Construction Manager for the duration of the project who shall act as the primary contact to the City and shall manage all services as proposed, including any proposed by their consultants. A Construction Manager will be required to supervise the activities of the construction management team, monitor the Contractor’s progress, and report to the City Project Manager.
1.1 Project Controls System Development
Purpose:
To develop an integrated cost and schedule information system to provide up to date and accurate information regarding schedule, budgets, expenditures, and change orders.
The master schedule of the Project Controls System (PCS) will enable critical activities and interrelationships between the contractors, suppliers, City, City’s Project Manager, design engineers, environmental monitors, utility companies and construction contractor (including its subcontractors) to be monitored efficiently during the construction phase of the project. The master schedule will identify permit constraints, work area restrictions and other known work and/or coordination constraints.
The cost-monitoring element of the PCS will enable project-wide monitoring of expenditures for comparison with the original budgets and budget updates resulting from change orders processed during the life of the project. Monthly reporting will enable accurate cost forecasting at any time. The automation of the above information will enable timely analysis, intervention, and decision making to enable efficient control of the project.
Approach:
Consultant will develop the PCS. A master schedule will be developed summarizing all significant activities of project related entities including the contractor, equipment suppliers, the City project manager, design consultants and construction contractor. The schedule will be structured to include the following:
• Primary contractor work activities, including major submittals required accomplishing the work. • Principal work activities of the Consultant construction manager, the City’s project manager, design consultants, contractors and suppliers.
• Activities necessary for regulatory compliance.
• Activities related to utility relocations.
• Relationships between submittals, approvals, procurement, and delivery of materials. • Milestones associated with permitting and approvals.
• Any activity requiring coordination with the City, Caltrans oversight, and other local utility/regulatory agencies.
• Substantial and final completion dates.
The cost accounting format will use a work breakdown structure and cost categories that will be compatible with the City’s cost accounting system. The work breakdown structure will be based on contractor’s activities and will provide the basis for cost-loading activities in the schedule.
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Assumptions:
The initial master project schedule will be developed based on information available before the award of contracts for construction.
Deliverables:
1. Implementation of Project Control System.
2. Draft master project schedule.
3. Initial master project schedule following review and approval by the City.
4. Initial project cost.
1.2 Monthly Project Progress Meetings and Reports
Purpose:
To apprise City management and other stakeholders of Consultant’s activities under this contract via written report and monthly meeting.
Approach:
Consultant will provide a brief written report covering a summary of the status and expenditures associated with each of the tasks described in this scope of work; including highlights of any unusual contractual issues that arise during the reporting period and a listing of approved work that is beyond the boiler plate scope with a determination of who is responsible for the associated additional costs (contractor, project, etc.)
Consultant will schedule monthly progress meetings, which will provide for discussion of progress reports and issues related to (a) this agreement and (b) the construction agreements.
Assumptions:
1. The project monthly report will be provided throughout the contract period.
2. A regular monthly meeting date and time will be established. Meeting date is typically the first week of each month, the same day of the week. i.e., Monday, Tuesday, etc.
3. Written progress reports will be provided to the City at least 5 working days in advance of each progress meeting.
4. City to submit proposed changes/amendments to the monthly progress reports, in writing, to Consultant for its use.
5. Additional project budget expenditures determined to be responsibility of the contractor will be addressed quarterly with adjustments being made to progress payments.
Deliverables:
1. Monthly project progress report.
2. One page summary report.
3. Monthly progress review meetings with minutes/summaries.
1.3 Document Management System
Purpose:
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To establish a system for the timely logging, filing, and tracking of project related correspondence to assure timely responses, and provide a record of communications to enable efficient retrieval and establish the chronology of events for use in dispute resolution.
Approach:
Consultant will set up a document tracking system to maintain project files.
Assumptions:
1. Actual logging, filing, and tracking of project information will be performed under separate tasks and subtasks.
2. The Consultant file index will conform to the Caltrans filing numbering system.
Deliverables:
Implementation of a computerized document management system that includes written procedures for use of the project team.
1.4 Public Outreach Strategy
Purpose:
To provide a strategy for dealing with issues related to the impacts of construction on the residential neighborhoods and businesses located adjacent to and within the limits of the project, to respond to public inquiries regarding the project, and to coordinate with the City, law enforcement, emergency services providers, transit agencies, school districts and others as needed regarding construction activities that may impact public safety.
As part of the public outreach effort it is anticipated that the team will conduct public meetings before and during construction. The team will also need to attend local community meetings to provide updates and information as requested.
Approach:
Consultant will develop in conjunction with the City a strategy for neighborhood and local community communication related to construction phase impacts and mitigation.
Assumptions:
Consultant will be responsible for development of the public outreach strategy. However, the City will provide general guidelines for community and neighborhood affairs and dictate protocol as required. The City will be responsible for the review and approval of the overall plan.
Deliverables:
1. Consultant: Draft Public Outreach Strategy memorandum.
2. City: Review and comment on draft Public Outreach Strategy memorandum.
3. Consultant: Final Neighborhood Affairs Strategy memorandum.
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1.5 Sub-Consultant Management
Propose:
To coordinate and manage sub-consultant services contracted with consultant. Sub-consultants include inspectors, surveyors, landscape architects, material testing consultants, biologists/archeologist, paleontologist, public outreach, and/or others, as needed.
Approach:
Consultant will coordinate and manage the utilization of sub-consultants for the City in order to comply with the terms of the contract documents and the requirements of regulatory agencies.
At the City’s direction, Consultant will negotiate and enter into sub-consultant agreements with select sub- consultants.
Assumptions:
1. The City will retain final approval rights over invoices for City contracted consultants.
2. All costs associated with Consultant’s sub-consultant services will be billed to the City in conjunction with Consultant’s services on a monthly basis.
Deliverables:
1. Copies of all sub-consultants reports. Original reports will remain with Consultant until project closeout, at which time all originals will be forwarded to the City with the project documentation.
2. Copies of all sub-consultant invoices billed through Consultant.
3. Original invoices reviewed and approved by Consultant for City contracted consultants.
2 – PRE-CONSTRUCTION PHASE SERVICES
Consultant shall provide specialized services during the project pre-construction phase, including the bidding periods of the project. These services are intended to involve the construction manager early in the project and to provide advanced planning for construction phase activities.
2.1 Constructability Review
Purpose:
To provide the City and Consultant with reasonable assurance that project can be adequately constructed as indicated on the Design Plans and to endeavor to minimize contract change orders and reduce the project schedule to the extent possible. To enable changes to be made to the Project Documents by the Design Engineer before the construction contract bids are due.
Approach:
Consultant will perform a constructability review of the project, analyzing the phasing and staging of project construction for conflicts and to minimize the disruption to traffic. Review of the Project Plans (including construction notes), the Project Specifications, Estimates, and applicable permits technical reports for the Project is required for a thorough understanding of the project. The Consultant will also perform an Independent Quantity Take-off of the major items of work on the Project. 617
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Assumptions:
The Project Plans and Project Specifications are essentially complete and ready for advertisement. 90% Plans are a part of Attachment II.
Deliverables:
1. Constructability comments and report for review by the City and Design Engineer. Consultant will provide two (2) copies of the comments and report.
2. The Independent Quantity Take-off with comments and supporting calculations, wet stamped and signed by the Consultant’s Engineer in Responsible Charge.
2.2 Pre-construction Coordination
Purpose:
In order to minimize the project construction time there will be a need to have a concentrated effort to do as much work in advance of the contractor moving on site and to coordinate with other projects in the vicinity.
Approach:
The Consultant will coordinate with other agencies, companies, local residents and the contractor to ensure that there are no delays to the start of construction. This will involve close coordination with utility companies to ensure that any relocation work done prior to construction is properly managed. Also, the Consultant needs to assist the utility companies to plan any relocation work scheduled during construction. Once the low bid contractor is selected the Consultant is to work closely with the construction team to ensure that they obtain all necessary approvals, permits, supplies, etc.
Consultant will need to be aware of other public and private construction projects in the vicinity and ensure that there is close coordination between the projects.
2.3 Construction Management Plan
Purpose:
To provide the City and Consultant with uniform procedures and standards for the administration of the construction contract.
Approach:
Consultant will develop a procedures manual that is usable for the construction project utilizing the Caltrans Construction Management Manual and portions of the Local Assistance Manual. The Manual will be compilation of both manuals, using various parts from both manuals as appropriate and incorporating a section concerning emergencies. The City approved manual will used by the City, as it deems appropriate.
Deliverables:
1. Draft project manual for review by the City. Consultant will provide two (2) copies of the draft.
2. After review and comments, provide two (2) copies of final project manual to the City.
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2.4 Contract Bidding Support
Purpose:
To provide support to the City and Design Engineer during the Bidding Phase of the project to ensure bid documents are satisfactory and complete, and selection of the contractor follow proper standards and procedures.
Assumptions:
Design Engineer Consultant will be the main responsible party to support the bidding phase. Consultant will be available as needed to coordinate activities, review documents, provide recommendations and attend meetings during the Bid document preparation and Contract Bidding phase.
Deliverables:
Consultant will:
1. Assist the City to pre-qualify bidders and major sub-bidders, and develop bidder’s interest in the project. Assist the County in issuing bidding documents.
2. Attend pre-bid conferences and provide information to bidders regarding City expectations of them throughout the project duration and familiarize bidders with the bidding documents, proposed management techniques and with any special systems, material or methods.
3. Assist the City and Design Engineer with the receipt of questions and timely responses to bidders.
4. Assist in the review and preparation of Addenda to be issued to the Bidders.
5. Assist in the bid analysis including accuracy of bids, identifying the lowest responsible bidder, checking references and other bid forms and make recommendations to the City for the award of contracts and/or reject of bids.
6. Conduct a pre-construction “kick-off meeting” that includes all agencies, utilities, and contractors that will be participating in the Project. Attend any other pre-construction meetings that may be required.
2.5 Local Assistance Documentation/Local Partnership Program Documentation
Purpose:
To assist the City in field observation, testing and preparation of documentation required for compliance with Local Partnership Program Requirements and the Caltrans’ Local Assistance Procedures Manual.
Approach:
Consultant in conjunction with the City will review the Local Assistance Procedures Manual to ensure that all contract administration procedures, documentations, and filing systems are in accordance with the Local assistance Procedures Manual, and as required by the Local Partnership Program requirements.
Deliverables:
Individual tasks required for compliance with the Local Assistance Procedures Manual and Local Partnership Program requirement are identified as specific tasks including all required checklist, forms, filing system, procedures for progress payments, change orders, claims, correspondence, as-builts, reporting, permit compliance, permit renewals, final invoicing and claims mitigations and resolutions.
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Compliance with the Caltrans Construction Manual, Traffic Manual, MUTCD, ADA Guidelines, Cal OSHA Safety Orders, SWPPP & PMP preparation Handbook, and all Bridge Manuals is also required, as applicable.
2.6 Pre-construction Walk Through
Purpose:
To review, document and agree to the existing conditions of the project site and neighboring area conditions prior to the start of the construction.
Approach:
Prior to the issuance of Notice to Proceed, Consultant, the Contractor, utility company representatives, biologist, archaeologist, and City will walk the entire project and record existing conditions via a written log, still photographs, and videotape where required. Consultant will provide copies of all documentation to the Contractor and City. Consultant will keep documentation originals in the project files until project completion.
Assumptions:
Project walk will not take longer than two days with approximately the same amount of time to log, file and copy the information
Deliverables:
A written log, still photographs and any videotape depicting existing site conditions, as recorded prior to the start of construction.
2.7 Environmental Compliance Prior to Start of Construction
Purpose:
To maintain compliance with permitting agency guidance and Special Provisions. Please see individual permits for more detailed information regarding activities, submittals, and reporting.
Assumptions:
That these activities will occur prior to the start of construction.
Deliverables:
1. Submit to USFWS and CDFW name of Project Biologist(s) at least 60 days prior to project construction start for approval by USFWS and CDFW.
2. Notify permitting agencies of start of construction as per individual permit conditions.
3. Project Biologist shall implement Worker Environmental Awareness Program to educate on-site workers about sensitive environmental issues. Project Biologist shall provide interpretation for non- English speaking workers.
4. Project Biologist shall conduct all pre-construction surveys in accordance with the environmental document, MMRP and permits for Project within their specific survey time frames. This includes least Bell’s vireo, nesting birds, burrowing owl and bats.
5. Project Biologist shall oversee delineation of work boundary with appropriate fencing or flagging.
Biologist shall determine and clearly delineate avoidance or buffer areas. 620
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6. At least 60 days prior to construction, Project Biologist shall prepare and submit an Aquatic Species Protection Plan to CDFW.
3 – CONSTRUCTION MANAGEMENT SERVICES
Consultant, on behalf of the City, will provide construction management services for administration of the construction contract. Construction Management services will encompass the Quality Assurance and enforcement of all construction contract requirements. It can be expected that the contractor will be working on site 24 hours per day. CM services are to be provided to enforce construction contract requirements.
3.1 Pre-construction Conferences
Purpose:
To provide a forum for all essential project participants to meet prior to the start of work. This meeting will outline the City’s administration of the contract, introduction of the participants, and record all comments and questions submitted by the contractor. Provides an understanding of the procedures to be used on the project and what the Contractor can expect from the City and its consultants.
Approach:
Consultant will schedule, prepare the agenda, chair and take minutes of the pre-construction meeting. The meeting will outline project specifics and inform the Contractor of project administration procedures.
Assumptions:
1. The City will provide the meeting venue.
2. The City will assist Consultant in developing the attendee list.
3. Consultant will prepare a draft agenda for City approval prior to meeting.
Deliverables:
1. Written agenda and minutes of pre-construction conference.
2. Electronic copies of pre-construction meeting minutes to the attendees.
3. Review and comment on contractor’s base-line schedule.
4. Establish ground rules of coordination & communications with contractor and designer concerning the processing and reviewing of submittals and RFI’s.
5. Maintain construction documents per the Local Assistance procedures manual.
6. Enforcement of Labor Compliance Requirements.
7. Enforcement of Quality Assurance Program
8. Completion of all necessary attachments as detailed in Local Assistance Procedures Manual.
9. Discussion of environmental permits requirements.
10. Discussion of water quality requirements.
11. Discussion of utility company requirements.
12. Preparation of invoices for reimbursement.
3.2 Communications and Correspondence
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Purpose:
To provide for and/or facilitate effective communications, on behalf of the City and among all stakeholders in the administration of the construction contract.
Approach:
Consultant will obtain all pertinent information as required to develop a project directory of all key personnel and stakeholders working on the project. Consultant will develop a graphic chart indicating the proper flow of correspondence. Consultant will log all information received from the Contractor and others. Lastly, Consultant will prepare and/or forward appropriate responses, obtaining City approval when required.
Assumptions:
1. The Consultant’s Correspondence Log will be used for all correspondence received from the City, the contractor and others.
2. All original correspondence will remain with the project files. Only copies will be distributed, with the exception of shop drawing submittals.
3. The Consultant’s project files will be turned over to the City upon the conclusion of the project.
Deliverables:
1. Communication flow chart.
2. Written logs of information received from the City, the Contractor, design consultants, biologist, testing firm, citizens and/or others.
3.3 Project Changes and Construction Change Order Management
Purpose:
To review proposed changes to the project and determine if the change is necessary and/or beneficial to the project, and if such changes constitute a change order.
To provide a system for logging and tracking all changes on the project.
To provide the City with assurance that the Contractor is not presenting requests to be paid for additional work included in the original contract.
To assure the City that the associated extra work costs and time extension requests are fair and reasonable to both the City and the Contractor.
Approach:
Consultant will review potential changes to the project for contractual and technical merit, prepare independent cost estimates and schedule analysis of work, discuss proposed changes with City, and negotiate change order costs with the Contractor. Consultant will prepare change orders with all required support documentation for execution by the City. Consultant will keep the City apprised of cumulative changes in the project cost and project duration.
Consultant will negotiate change orders on behalf of the City and will use the following approach in assisting & coordinating the process with the City:
Requests for Changes by the City
1. Consultant will forward a Request for Quote (RFQ) to the Contractor for pricing and stipulation of 622
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proposed time extension, if requested work can be shown to impact the project’s critical path. The RFQ shall contain a description of the extra work (normally provided by the Designer) to fairly price the work.
2. Consultant will prepare an independent cost estimate of the extra work.
3. Consultant will review the cost quote from the Contractor for completeness, negotiation cost and time extension requests as required and, obtaining City concurrence throughout the process. Obtain City authorization for proceeding with the change, based on definitive cost and time extension values.
4. Should Consultant and Contractor be unable to negotiate a reasonable price, the City will be consulted prior to directing the work via alternative contract change options such as proceeding on a time and material basis or proceeding by force account.
Request for Changes by Contractor
1. Consultant will review requests of proposed cost and/or time impacts for merit. If Consultant determines the request fails on merit, the contractor will be informed of the reasons why the request is denied. Should Consultant determine the request has merit, Consultant will proceed with steps 2 and
3. 2. Consultant will prepare an independent cost estimate and schedule analysis of the work.
3. Consultant will negotiate extra work cost and time extensions with the Contractor.
4. Consultant will prepare change order documents for approval and execution by the City.
Assumptions:
1. Consultant will have authority to make minor changes to work that it determines to have no cost or time impacts to the construction project.
2. Consultant will be allowed to use their own judgement regarding how best to handle cost negotiations with the Contractor, but will keep the City informed throughout the process.
3. Consultant will prepare official change order documentation to be processed with the Contractor’s regulation application for payment.
4. Consultant will transmit electronic copies of change order documentation to the City.
5. Consultant will obtain final approval of all project cost and/or project time changes from the City, and Caltrans prior to authorizing the Contractor to proceed with changes.
Deliverables:
1. Perform quantity and cost analysis as required for negotiation of change orders
2. Analyze additional compensation claims that are submitted during the construction period and prepare responses.
3. Perform claims administration including coordinating and monitoring claim response, logging claims and tracking claim status.
4. Change order documentation ready for approval and execution by the City.
3.4 Monthly Construction Progress Reports
Purpose:
To keep the City apprised of the project status during the prescribed construction period.
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Approach:
Consultant will prepare a monthly report that provides construction status to the City and other involved parties. The monthly report shall contain the following:
1. Status of contractor’s schedule and what the contractor is doing to maintain or catch up if the schedule has slipped. While the focus will be on critical path items, other items that might become critical will be discussed in the report.
2. Construction and construction manager’s costs incurred for the month.
3. Cash flow projections for both the contractor and Construction manager.
4. Identify actual and potential problems associated with the construction project and consult with the Project Manager and design engineer.
5. Evaluate Value Engineering Change Proposals (VECPs) and provide recommendations to the Engineer for acceptance or denial.
6. Potential Issues, pending change orders and executed change orders.
7. Photographs to show construction activities and for clarity regarding special issues.
8. Other information deemed necessary for the City to have a concise understanding of the construction Project.
Assumptions:
The City will assist City in the initial formatting of the first report.
Deliverables:
1. Monthly progress report.
2. One page summary report for distribution to City staff or elected officials.
3.5 Schedule Monitoring
Purpose:
To monitor and review the Contractor’s schedule, after acceptance of the baseline schedule, so that the project is not being delayed over issues within the control of the Contractor and ensure project is completed within approved schedule.
Approach:
Consultant will develop procedures, using available software, to review the Contractor’s monthly schedule updates for logic, duration, and resource changes. Consultant will notify the Contractor of discovered changes and document the Contractor’s response, for the record. Consultant will keep the City apprised of the Contractor’s current construction schedule.
Assumptions:
Contract specifications will require the Contractor to use Critical Path Method (CPM) scheduling tools/software.
Deliverables:
1. Consultant will prepare and transmit to the Contractor schedule review comments
2. Monthly review of contractor’s schedule updates and provide a summary to City on schedule status 624
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and impact of changes to completion date.
3. Monitor and facilitate utility coordination with various utility companies and the Contractor.
Incorporate relocations in the schedule and report any delays and impacts to the completion date.
3.6 Cost Monitoring
Purpose:
To provide the City with a system that is easy to understand and provides up-to-date cost information for making timely decisions.
Approach:
Using a software to generate spreadsheet and graphs for the purpose of monitoring anticipated and actual cost outlays.
Assumptions:
The City will provide direction regarding desired cost monitoring information and report formats.
Deliverables:
1. Monthly cost monitoring reports in a format to be determined.
2. Monthly progress report for the City describing key issues, cost vs. budget status, and schedule status.
3.7 Progress/Coordination Meetings
Purpose:
To provide a forum for the review of the project status, the look-ahead schedule including activity sequence and duration, schedule for delivery of long lead items, outstanding RFIs, submittals, and other project issues.
Approach:
Consultant will conduct weekly progress/coordination meetings, to be attended by the City, the Contractor, Consultant and other invitees. Consultant will request the City and the Contractor to submit agenda items for the meetings. Using the proposed agenda items and agenda items developed in house, Consultant will prepare a comprehensive agenda for the meeting and distribute the agenda to all parties scheduled to attend.
Following the meeting, Consultant will distribute meeting minutes, requesting either the concurrence of those who attended, or suggested corrections to the minutes. Minutes will be filed as either approved or amended.
Assumptions:
1. The City’s and Contractor’s staffs will be able to meet on a regular basis with minimal absences.
2. Meeting will not take place more than once a week or will not last longer than one hour.
3. The Contractor will submit a look-ahead schedule (2 or 3 week) at each meeting.
Deliverables:
1. Agenda with status of open items from previous meetings.
2. Meeting minutes, for review, with action items noted.
3. Amended meeting minutes, if required.
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4. Submittal, Issue log, Change Order log and RFI and RFQ working logs.
3.8 Payment Recommendations
Purpose:
To verify that the Contractor’s request for payment does not represent more than an amount that is reasonable for the work done on a monthly basis. To prepare progress payment recommendations on behalf of the City for work completed and materials stored on hand (if allowed).
Approach:
Consultant will review and approve the Contractor’s monthly progress based on the percentage of work activities complete. Consultant will collect all necessary document needed for reimbursement for LPP grant.
The Contractor will submit a certified application for payment to consultant for final review. Once approved, City will review, approve and execute the payment.
Assumptions:
1. The City will make payments in accordance with the contract stipulations and State Law to the Contractor once each month.
Deliverables:
1. Contractor’s certified application for payment.
2. Progress payment request documents suitable for approval and execution by the City.
3.9 Safety
Purpose:
To review the Contractor’s work site safety and notify the contractor of unsafe conditions, as observed.
Implement the Cal OSHA Safety Orders requirements for providing safe work site conditions.
Approach:
Consultant will observe contractors’ work area. Contractor is to be informed if unsafe work conditions and/or areas are observed. Immediate shutdown of contractor’s work may be required if conditions endanger property and/or life. Random attendance of contractor’s tailgate meeting. Consultant will conduct its own bi- weekly staff safety meeting to discuss specific safety procedures and issues relating to current or upcoming construction activities requiring unique safety procedures.
Assumptions:
1. Contract document requires Contractor to submit its safety program and safety officer prior to the start of work.
2. Contract documents or Contractor’s safety program requires contractor to submit accident reports.
3. Consultant assumes no responsibility for safety of contractor’s work areas.
4. Consultant assumes no responsibility for implementation of Contractor safety program or its construction means and methods.
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Deliverables:
1. Accident reports from Contractor.
2. Bi-weekly safety meeting minutes.
3. Copies of safety issues discussed during contractors tailgate meetings.
3.10 Environmental Coordination & Biological Monitoring
Purpose:
To verify the contractor has copies of applicable permits and that the work activities abide by the requirements of the permits granted by regulatory agencies. All permits shall be kept current and renewed prior to expiration throughout the project duration.
Approach:
Consultant will review and enforce requirements stipulated in permits issued by regulatory agencies.
Consultant will mobilize the services of its sub-consultant for Biological Monitoring who will provide a certified Biologist (Monitor).
Assumptions:
1. All permits will be provided to Consultant for review.
2. All permits will be included in the contract documents.
3. Project Biologist will ensure compliance with permits and Stewardship Section of the project’s Special Provisions.
4. A certified Biologist will be provided by Consultant’s sub-consultant. This Biologist shall be knowledgeable and experienced in biology of wildlife resources present at the Project.
5. The USFWS must approve the Biological Monitor. Biological Monitor will be responsible for oversight of Programmatic Biological Opinion for any listed or protected species within or adjacent to the PROJECT site.
Deliverables:
The Consultant’s sub-consultant Biological Monitor will:
1. Develop a Worker Environmental Awareness Program. Each employee (including temporary, contractors, and subcontractors) will receive a training/awareness program. Interpretation for non -English speaking workers will be provided. They will be advised of the potential impact to the listed species and the potential penalties for taking such species. At a minimum, the program will include the following topics:
occurrence of the listed and sensitive species in the area, their general ecology, sensitivity of the species to human activities, legal protection afforded these species, penalties for violation of Federal and State laws, reporting requirements, and project features designed to reduce the impacts to these species and promote continued successful occupation of the project area environs. Included in this program will be color photos of the listed species, which will be shown to the employees. Following the education program, the photos will be posted in the resident engineer's office and contractor's office, where they will remain throughout the duration of the project. The RESIDENT ENGINEER, CONTRACTOR, and USFWS- approved biological monitor will be responsible for ensuring that employees are aware of the listed species.
2. Ensure that ESAs will be designated by erecting protective fencing delineating the project impact boundary and sensitive habitats and that this barrier fencing will be constructed in such a way as to restrict the 627
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movement of fauna into impacted areas but not trap wildlife within project construction area. Be present for all ESA fence construction. Inform all parties associated with this project to strictly avoid these areas and that no construction activities, materials, or equipment will be permitted in the ESAs. ESA fencing shall be monitored daily.
3. Relocate any specified animals using traps or other methods acceptable to the USFWS if necessary.
Relocation sites must be identified by the USFWS.
4. Be present at all pre-construction and pre-grade meetings and on site during vegetation removal.
5. Will have the authority to halt al l associated project activities that may be in violation of any biological opinion. In such an event, the biologist will contact the USFWS within 24 hours.
6. Monitor that the construction work areas are delineated and marked clearly in the field prior to any habitat removal, and the marked boundaries are maintained and clearly visible to personnel on foot and heavy equipment operators. Shall strictly limit contractor personnel from activities and vehicles outside the proposed project areas, staging areas, and routes of travel.
7. Monitor construction to ensure that vegetation removal, Best Management Practices (BMPs), ESA fencing, and all avoidance and minimization measures are properly constructed, maintained and observed.
8. Monitor that all equipment maintenance, cleaning, staging, and dispensing of fuel, oil, or any other such activities, will occur in designated upland areas 50 feet from any channel. The designated upland areas will be located in such a manner as to prevent any runoff from entering waters of the United States, including wetlands.
9. Monitor that the typical erosion control measures, BMPs, in the vicinity of streams will be employed in accordance with the conditions in the 401 Water Quality Certification requirements of the Regional Water Quality Control Board.
10. Monitor the restriction of the use of invasive exotic plant species in landscaped areas adjacent to or near sensitive vegetation communities. In compliance with Executive Order 13112, impacted areas will be revegetated with plant species native to the area.
11. Monitor that all construction equipment will be inspected and cleaned prior to use in the proposed project footprint to minimize the importation of non-native plant material per the Vehicle Equipment Treatment Plan. Also monitor/verify that all mulch, topsoil and seed mixes used during post construction landscaping activities and erosion control BMPs will be free of invasive plant species propagules. Ensure that a weed abatement program will be implemented should invasive plant species colonize the area within the project footprint post-construction per Weed Abatement Plan.
12. Monitor that no off-road vehicle activity from construction personnel or other persons affiliated with the project will occur outside of the project footprint.
13. Monitor that the all trash will be placed in covered containers and removed from the site daily.
14. Monitor that no pets or firearms will be permitted inside the project’s construction boundaries or other associated work areas.
15. Monitor least Bell’s vireo and other bird species per Nesting Bird Management Plan and Burrowing Owl Protection Plan.
16. Biologist shall ensure that Environmental Commitments Record (ECR) activities are conducted, and assist CONSULTANT in filling out ECR.
17. Monitor that all soil/rock removal and storage activities will be restricted to the project footprint, including staging and detour locations, and that no activities will be authorized that extend beyond the boundaries of the project footprint.
18. A Paleontological Mitigation Plan has been prepared for Project. A paleontological monitor will monitor 628
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all subsurface -disturbing activities during construction. The Monitor will attend the preconstruction meeting. Monitor will provide paleontological resource awareness training prior to construction for one hour. A final summary report shall be prepared by monitor.
19. Monitor that proper signage be implemented to advise motorists that the vehicle speeds on unpaved construction access roads will be restricted to a m aximum of 25 MPH Speed limits must be reduced to 5 MPH within wildlife corridors during nighttime construction.
20. Monitor that all culverts, bridges, and associated water passage structures will be maintained such that water and sediment may pass between upstream and downstream locations and so as not to block the passage of wildlife.
21. Bat Surveys: CDFW approved biologist will conduct an additional nighttime survey during June -August.
Results of the survey will be submitted to CDFW for review. If a maternity colony is discovered biologist will develop measures and buffers to be submitted to CDFW for review and approval. A Bat Avoidance, Monitoring, and Protection Plan will be prepared that details these measures and buffers, among others detailed in the 1600 permit. Included in these measures will be the inspection and removal of swallow nests in the fall to prevent bats from wintering over in them. Biologist shall oversee the removal of mature trees and snags by the two-step process.
22. Biologist shall monitor construction and removal of water diversion in accordance with Avoidance Management Plan for Santa Ana Sucker (SAS). Biologist shall be certified to handle and preserve SAS.
23. At the end of each work day, biologist or designee shall o versee the securing of all open trenches so that animals are unable to enter and become trapped.
24. Monitor is to ensure compliance with any U.S. Army Corps of Engineers (USACE) 404 permit authorization, California Department of Fish and Wildlife 1600 permit, 408 permit from San Bernardino County and USACE and the California Regional Water Quality Control Board 401 permit.
25. Monitor shall wear Class II or Class III safety vest and hard hat at all times on the job site and shall be aware of the location of all heavy equipment in the vicinity as they may not be visible to the equipment operator.
26. All materials submitted will become the property of the COUNTY.
3.11 Neighborhood Communication/Public Information
Purpose:
To provide an efficient means for keeping traveling public, adjacent residents and businesses appraised of the work activities they will encounter during construction. To provide a local contact telephone number that residents and businesses may contact to pose questions and discuss concerns.
Approach:
Using the Neighborhood affairs strategy memorandum, developed per Section 1 of this scope, Consultant will prepare “Dear Neighbor” letters and door hangers as a means to communicate with adjacent residents and businesses. Attending and facili tating public meetings, responding to citizens and business owner’s inquiries.
Working with the City’s Communications Department.
Assumptions:
All information for public use is to be reviewed for concurrence by the C ity and provided to the County as requested.
Deliverables:
1. Attend Neighborhood/Business meetings on an as needed basis. 629
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2. Minutes of any meetings listing questions posed by residents and business owners.
3. Work progress flyers (Dear Neighbor letters).
4. Door hangers if not provided by the Contractor.
5. Local contact number for CONSULTANT.
6. 24-hour hot line
7. Installation of a construction site video camera
8. Project web page maintenance and updates including current schedule, progress updates, costs, public meeting information, camera feed, and project exhibits
9. Provide Draft “Friday” report items to the COUNTY and draft news releases as needed.
10. Coordinate with CHP, law enforcement, emergency services, etc. regarding construction activities that may impact public safety.
3.12 Traffic Control and Signal Timing
Purpose:
To provide an efficient means for keeping traffic flowing through the site to adjacent residents and businesses during construction.
Approach:
Using a Traffic Engineer, Consultant will provide the necessary expertise to evaluate and modify permanent and temporary traffic controls, including signal timing as necessary to ensure the safe and efficient handling of traffic through the project site. Work with the City engineering office.
Assumptions:
Any City desired changes to the traffic handling will be communicated to Consultant in a timely manner. Any Contractor desired changes to the traffic handling plans will be handled per Section 3.3 of this scope and require City concurrence prior to implementation.
Deliverables:
1. Monitor, review and provide recommendations for modifications to traffic handling during the course of construction.
2. Work with the City to implement those signal timing charts, if needed.
3.13 Submittal Management and Review
Purpose:
To provide an efficient means of processing and reviewing submittals, including working drawings, shop drawings, product data, sample and other items furnished in accordance with Sections 5-1.02 and 5-1.02A of the State Standard Specifications, from the Contractor and forwarding applicable submittals to the Project Designer as may be appropriate.
Approach:
Consultant will develop a comprehensive submittal list for distribution to the Contractor and the Designer.
Consultant will update and submit status submittal logs for review at each coordination meeting. Consultant 630
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will work with the Contractor and Designer (where applicable) to encourage timely submission, review and approval of submittals as outlined in the Contract Documents, prior to inclusion of submitted materials in the progress of the work. In addition, C onsultant will perform the engineering reviews and approvals for working drawings and calculations provided b y the Contractor in accordance with Sections 5-1.02 and 5-1.02A of the State Standard Specifications and within the review timeframes as specified in the applicable sections of the contract documents and specifications. The following steps will be taken in reviewing the Contractor’s submittals:
1. Log all submittals by Specification Section.
2. Ensure that the Contractor has provided a complete submittal, coordinated with the work of other trades, and that all deviations have been noted. Submittal is returned to the contractor if it is not complete.
3. Construction Manager reviews submittal for general compliance with the specification.
4. Applicable Submittals are forwarded to Designer for formal review. Submittal status is logged.
5. Submittals sent to Designer are returned to Consultant. Submittal status is logged.
6. Consultant to perform engineering review of submittals consisting of working drawings and calculations furnished in accordance with Sections 5-1.02 and 5-1.02A of the State Standard Specifications. Such submittals shall be reviewed and approved by C onsultant’s Resident Engineer in accordance the above sections, other applicable sections of the State Standard Specifications and the Caltrans Inspection Manuals for the associated work (i.e. Falsework, Prestressing, Trenching and Shoring, etc.).
7. Approved submittals are returned to the Contractor for use in work. Submittal status is logged.
8. Consultant to inform Contractor if a re-submittal is required.
Assumptions:
1. Consultant will not be responsible for errors or omissions in submittal lists.
2. Coordination and submission of submittals in accordance with requirements of the contract is the responsibility of the Contractor.
3. City will provide a listing of submittals to be reviewed by the Designer or others including City staff.
4. Consultant will not make an exhaustive review of Contractor’s submittals except as noted above.
5. Consultant will forward to the Designer all submittals designated by the City to be reviewed and approved by Designer. These submittals are typically for pre-manufactured materials and assemblies specified in the Contract.
Deliverables:
1. Submittal status log.
2. Check Calculations, where required.
3. Copy of all approval letters, approved working drawings, submittals and final submittal log.
4. Request for Information (RFI) Management
3.14 Request for Information (RFI) Management and Review
Purpose:
To provide an efficient means of processing Requests for Information (RFIs) submitted by the Contractor. The efficient management of RFIs permits timely communication between the Designer and the Contractor.
Approach:
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Consultant will receive, log and review all RFIs for completeness and verify the question is reasonable and understandable. C onsultant will provide a short technical review of the RFI to determine if the issue is addressed adequately in the contract documents. Consultant will return the RFI if the question is unclear or, in the opinion of Consultant staff, the answer is contained in the contract documents, noting where the requested information can be found in the contract documents. C onsultant will track RFIs, using the software similar to Expedition, and facilitate the timely response from the Designer.
Assumptions:
The Designer will respond with an answer to all RFIs within the contract stipulated time period for response.
E-mail will be used to forward RFIs to the Designer and return responses to the Contractor, with original documents to follow.
Deliverables:
1. Comprehensive log of all outstanding RFIs and their status.
2. Prepare responses to RFI’s related construction issues
3. Transmit design related RFI’s to design engineer and copy City Project Manager.
4. Conduct meetings with the Contractor and other parties as needed to discuss and resolve RFI’s.
3.15 Document Management
Purpose:
To provide the City with an electronic means of tracking all documents exchanged between the parties involved in the construction of the project.
Approach:
Consultant will File Index modified to conform to the Caltrans filing system to log all documents in the project field office. Documents will be scanned into the document control system and attached to the file index categories. All documents will be filed as an electronic file and hardcopy.
Deliverables:
1. Comprehensive logs of all documents in the project files (electronic and hardcopy). Electronic files shall not require special software to read or access.
2. All hardcopy project documents exchanged on the project between the various parties.
3. Establish and process project control documents to include:
• Daily inspection and Resident Engineer’s diaries
• Weekly Statement of Working Days
• Monthly progress report and monthly progress pay estimate • RFI’s, Submittals
• Correspondences with Contractor, Caltrans, Permitting Agencies, Utility Companies, Regulatory Agencies, and other stake holders
• Survey requests and survey notes
• Materials receipts, materials testing results, and certificate of compliance • Mix designs
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3.16 Review Certified Payrolls
Purpose:
To verify the Contractor provides certified payroll reports in conformance with the provisions of the contract and applicable State Law. To verify the certified payroll reports contain information required by the Labor Code.
Approach:
Consultant will receive and review certified payrolls from the Contractor and each of its subcontractors.
Consultant will check for the “Statement of Compliance” from the Contractor and/or subcontractors, and spot- check wages for each classification of laborer or craftsperson. Consultant will notify the City and the Contractor of all discrepancies and/or errors and request a corrected Certified Payroll.
Assumptions:
1. Consultant will conduct employee interviews, for the p urpose of verifying payment of prevailing wages.
Consultant will perform a minimum of one interview per trade, per contractor per month.
2. Consultant will not be held responsible for enforcement of the Labor Code.
3. Consultant will maintain a weekly list of subcontractors working on the project.
4. Consultant will not be responsible for identifying every worker on site.
Deliverables:
Hardcopies of the Contractor’s certified payrolls maintained in the project files.
3.17 Storm Water Pollution Prevention Plan (SWPPP)
Purpose:
To protect the City from potential fines from regulatory agencies by monitoring contractors' activities regarding pollution prevention controls and/or activities for general compliance with the contractor’s SWPPP Best Management Practices (BMP).
Approach:
Consultant will observe the contractor’s work area for general compliance with the SWPPP Best Management Practices (BMP) and notify the contractor if the pollution prevention controls are not in accordance with the SWPPP. Failure to revise and correct conditions will be cause to have the City take corrective action. Immediate shutdown of the contractor’s work may be required, if conditions are in non -compliance with the SWPPP or other permit conditions.
Assumptions:
1. Consultant will not provide full time inspections of contractor’s work areas for compliance with the contractor(s) SWPPP and BMP.
2. Consultant will not be responsible for contractor(s) means and methods for complying with the BMP listed in the SWPPP.
3. Consultant will not be responsible for costs incurred by the contractor(s) for its failure to comply with its SWPPP.
4. Consultant will document site conditions with respect to SWPPP and BMP weekly and maintain a separate file for said reports.
Deliverables:
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Contractor(s)’ SWPPP monitoring reports and C onsultant documentation of site conditions kept in project file for the record.
4 – CONSTRUCTION INSPECTION SERVICES
4.1 Inspection and Documentation
Purpose:
To provide the C ity with documentation of construction activities, duration of activities, manpower and equipment allocation, inspections, and work conditions.
Approach:
Consultant will provide experienced and qualified inspectors acceptable to the C ity. Inspectors will document the Contractors’ daily activities, manpower loading, on-site equipment and items considered pertinent to the project. Construction contractor may be working on site 24 hours per day. CM services are to be provided to enforce the construction contract requirements.
Consultant will coordinate and manage the utilization of C onsultant’s inspectors for the purpose of providing daily inspections and/or special inspections as deemed necessary and beneficial for proper completion of the project, or, at the C ity’s direction, C onsultant will negotiate and enter into sub-consultant agreements with qualified inspectors including special inspectors, as needed and defined in Task 1.5.
Assumptions:
1. Consultant shall provide inspectors who are experienced and qualified for the inspection required.
2. All inspections will be within the project limits.
Deliverables:
1. The Inspectors will ensure compliance with all aspects of this construction contract by continuously monitoring, evaluating, approving or rejecting the contractor’s work in accordance with the approved construction contract and Caltrans requirements.
2. Consultant Inspector’s daily and/or special inspection reports maintained in the C onsultant project files and turned over to the City at the completion of the project. Copies of these daily reports will be submitted on a weekly basis or upon request.
3. Take and maintain digital photographs and videos as necessary to provide documentation of construction activities. All photos will be logged, date d and kept at the field office in a bound folder (hard copies and CD copy).
4. Verify field measurements for compliance with contract plans and specifications and provide quantity calculations for progress payments.
5. Continue to update an As-Built set of plans and review contractor’s marked set.
6. Conduct weekly project meetings, prepare and distribute to all designated parties.
7. Review the updated construction schedule and maintain record.
8. Review laboratory, shop and mill test reports of materials and equipment, and coordinate with design engineers as required, to ensure compliance with contract and Caltrans requirements to guard against defects and deficiencies in the project work.
9. As appropriate, require special inspection or testing, or make recommendations to the C ity regarding special inspections or testing of work not in accordance with the provisions of the contract documents 634
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whether or not such work is fabricated, installed or completed. Subject to review by City and/or Caltrans, Inspector may reject work which does not conform to the provisions of the contract and approving agencies.
10. Establish and process job control documents including:
• Daily inspection diaries
• Weekly Resident Engineers News Letter
• Monthly construction progress payment
• Request for information
• Survey requests
• Materials receipts
• Weigh master certificates
• Materials submittals
• Weekly statements of working days
• Construction change orders
• Review of certified payrolls
4.2 Materials Testing, Construction Testing & Quality Assurance Program (QAP)
Purpose:
To provide project site and laboratory testing of construction materials used in the project for the purpose of determining quality and acceptability of materials and workmanship incorporated into the project and in compliance with the contractor documents.
Approach:
Consultant will coordinate and manage the utilization of the materials and testing laboratory for the purpose of providing laboratory and field -testing of materials in accordance with test methods and frequencies specified in the contract documents, as required by the California Test Methods, and Caltrans’ Quality Assurance Manual.
Assumptions:
1. Consultant shall provide material testers and laboratory technicians who are experienced and qualified for the inspection required.
2. Consultant will ensure the implementation of the Quality Assurance Program for source inspections, materials acceptance, and special inspections as required by the contract.
3. All material testing, materials acceptance and special inspections will be within the project limits or as required by the contract.
4. Contractor must formally request testing in writing. If no formal request is made (at what time), the CM will ensure the contractor will stop the effected work until testing is complete and materials are deemed acceptable.
Note: City may, if they choose, perform part or all of the materials testing.
Deliverables:
1. Laboratory test reports maintained in the Consultant project files and turned over to the City at the completion of the project.
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2. Summary sheet of all test reports submitted by others to substantiate compliance with contract documents.
3. Summary sheets of all Certificates of Compliance or source release tags furnished by the Contractor along with the applicable delivered materials at the job site.
4. Testing summary sheets.
5. Coordinate source inspections and special inspections as required by the contract document and the Quality Assurance Program.
4.3 Surveying
Purpose:
To provide construction survey staking services for the construction of storm drains, curb & gutters, other utilities, street sections, sub-grades, bridges, walls and for monitoring settlement and other appurtenances as may be required for completion of the Limonite Gap Closure Project.
Approach:
Consultant will manage all survey staking services necessary for the construction of this project. Consultant will review contractor’s survey staking request for completeness and adherence to the boiler plate of approved survey activities (including interval spacing) and schedule survey staking in a timely manner.
The survey staking services shall conform to Sect ion 11 “Engineering Surveys” and Section 12 “Construction Surveys”, both of the Caltrans Survey Manual, the Land Surveyors Act and the following requirements:
1. Responsible Charge for the work shall reside with a Registered Civil Engineer possessing a licens e issues prior to January 1, 1982, or a licensed Land Surveyor, issued by the State of California.
2. Construction staking shall begin no later than two working days after the initial request is made through the Consultant’s Resident Engineer and received by the Land Surveyor; working days will be determined by the Land Surveyor’s standard work week.
3. Consultant will ensure that all survey -staking services are coordinated to meet the contractor’s operations schedule; staking requests are submitted and reviewed in a timely manner. Any penalties associated with time delays that are a result of a failure to provide approved staking requests to the Land Surveyor in a timely manner will be borne by the Consultant.
4. Consultant will provide field office support and offi ce space to the survey crews and check field staking notes after staking.
5. Consultant survey staking sub -consultant, if required and approved by the C ity, shall provide all labor, tools, equipment and other miscellaneous items necessary to perform their work, and providing one set of construction stakes as required by the construction contract.
Note: City may, if they choose, perform part or all of the surveying tasks.
Deliverables:
1. Maintain log of construction staking requests.
2. Maintain a construction-staking plan set in the field office for review, reference, and document any as-built changes.
3. Maintain files of all field notes for review and reference.
4. Limits of clearing and grubbing will be flagged at 100-foot intervals. 636
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5. Slope Stakes will be placed at 50-foot intervals. Rough grade will be staked at all grade breaks and at 50 - foot intervals. Slope stakes will be provided for roadway.
6. Finished grading stakes will be provided at all grade breaks and points of curvature (BC, EC, PRC, PCC, etc.) with curb and gutter stakes placed at 25 -foot intervals, and edge pavement stakes placed at 50 -foot intervals. Additional stakes at intermittent intervals can be provided where project conditions require, such as tight radius curves, etc.
7. Utilities will generally be controlled by adjacent construction staking or adjacent facilities with the Land Surveyor providing staking of project features and/or project right -of-way in the vicinity of the utility in question. Storm drains will be staked a t 50-foot intervals. Water and sewer lines, when required, will be staked at grade breaks, angle points, appurtenances (valves, crosses, ends, etc.) and at 50 -foot intervals; 25-foot interval spacing will be used when the grade is less than 0.3 percent. Stakes will be provided at the ends of pipes (with a corresponding “Line Only Point” stake) and at appurtenances, Drop inlets shall be staked with two 5-foot offset stakes parallel to curb, showing offset to curb line; the local depression is the contractor’s responsibility.
8. Retaining walls, bridge abutments and bents: one set of stakes will be provided for bridge construction as follows: At each abutment, pier or bent the corners of each footing will be staked, and three stakes w ill be provided: One stake will be provided at the intersection of the control line and abutment/bent/pier centerline. The other two stakes will be placed on the centerline of the abutment/pier/bent, one on either side of the structure, offset as requested by the Contractor. Approach slabs will be established at limits of slabs, with one set of stakes to offset requested by the Contractor. Retaining wall staking will be provided at not less than 20- foot intervals, or exceed 50-foot intervals. The Contractor shall provide retaining wall intermediate staking and additional survey controls as required to construct the structure to the grades and tolerances required by the Standard Specifications and Special provisions.
9. Other improvements such as permanent delineation, signs, lighting, signals, traffic detector loops, guard rails, etc., will be staked by the Construction Engineer.
10. Monuments established by the C onsultant shall be marked by the C onsultant with State furnished disks, plugs, or tags. In addition, the Consultant shall identify Consultant established monuments by tagging or stamping the monuments with the license or registration number of the C onsultant’s surveyor who is in “responsible charge” of the work. Replacement of Survey monuments shall be the responsibility of the Consultant. All new monuments shall be set in accordance with current Caltrans, City and Land Surveyors Act requirements.
4.4 Review and maintain “As Constructed Schedule”
Purpose:
To track contractor’s progress during construction of the project.
Approach:
Consultant will use the daily inspection reports prepared by C onsultant inspectors, the contractors’ schedule, site observations, and other sources of information, to track and document the contractor’s actual progress.
The contractor’s baseline critical path schedule or most recent accepted update will be used as a basis for comparing planned versus actual progress. The CPM software described in Section 2 will be used to track the contractor’s progress and build a schedule based on the contractor’s activities.
Assumptions:
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Monitoring will be on a continuous basis and the “as constructed” schedule will be updated monthly.
Deliverables:
An “As Constructed Schedule” with one electronic file (readable by software used by the City) and one hardcopy.
4.5 Maintain Photographic and Video Records of Construction Progress
Purpose:
To provide the City with a photographic record of the project, before, during and after construction.
Approach:
Using digital photography, and construction video recording cameras, Consultant will record the Contractor's progress during construction on a daily basis or otherwise as approved by the City. Care will be taken to record all items and/or conditions that have or may have a bearing on claimed extra work. Still photographs will be labeled with captions indicating subject matter, date taken, and any description required to further clarify the item/issue being photographed.
Deliverables:
1. A detailed photographic history of all phases of the project will be maintained in an album and the photographs will be indexed for ease of retrieval. Each photograph will be labeled as to location, direction of view, date, time, and description of work. Photos will include, but not be limited to, the following:
• Showing existing conditions prior to construction
• When opening or changing a detour
• Barricade placement
• Disputed work item
• Work that has to be duplicated, replaced or removed
• Completed work
• Extra work
2. Construction video cameras, with pan, zoom, tilt capabilities are to be installed prior to construction start and maintained throughout the project. One camera in each quadrant of the bridge shall be place so as to capture the widest range of activity and clearest views of the project to the extent possible. Cameras may be required to be relocated as project phase’s change. Coordination with C ity to provide live video feed via the City web site is required. Consultant is for an appropriate power source for the cameras. Solar power may be considered.
4.6 Review and Maintain “As Built” Drawings
Purpose:
To provide the City with accurate record drawings for the project.
Approach:
Consultant will monitor the contractor’s required record drawings on a monthly basis. In addition to monitoring the contractor’s drawings, Consultant will maintain a copy of the contract plans for the project. Consultant will ensure that items that may not normally be shown on the contractor’s set of record drawings, but are of importance to the C ity are included in the as-built drawings. This information is not necessarily construction 638
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related, but is project related and may be important in future maintenance and/or construction projects.
Assumptions:
1. Contract documents will require contractor to prepare redline as-built drawings to reflect as- built conditions during the course of construction.
2. The Consultant will be responsible for ensuring the contractor maintains red line changes and will be responsible for making redline changes to one complete set of plans.
3. Consultant will assist in answering questions regarding the red line drawings, providing sketches or other clarifications to the design engineers for preparation of final as built record drawings.
Deliverables:
One set hard copy and PDF of marked up contract drawings. This set will be in addition to the contractor’s marked up set of contract findings.
4.7 Final Inspection and Punch-list
Purpose:
To identify elements of construction requiring correction prior to final acceptance by the City.
Approach:
Consultant will perform a project inspection of the completed construction following substantial completion.
During the inspection, the C onsultant will develop a list of contract work requiring correction or rework. The written list of deficient work (punch -list) will be delivered to the City and Contractor within three (3) working days of the final inspection. The final punch -list will include items to be corrected that were identified previously during the course of construction.
Assumptions:
1. The City will identify any key City staff or other agency personnel to be included in the final inspection.
2. Consultant will contact and schedule all required final inspection personnel 48 hour prior to the final inspection.
3. Consultant will prepare the final punch-list.
Deliverables:
Final punch-list
4.8 Final Acceptance – Punch List Assistance
Purpose:
To provide the City with reasonable assurance that the work of the project has been completed in compliance with the general intent of the contract documents.
Approach:
Consultant will coordinate a walk -through with the C ity, the Designer, and the Contractor. C onsultant, with assistance from the City and the Designer, will prepare a punch list indicating all deficiencies and/or omissions 639
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noted in the walk-through. Consultant will then forward the punch list to the Contractor for correction of the work in accordance with timelines defined in the contract. Consultant, in conjunction with the City, will inspect items on the punch list once the Contractor has notified the Consultant that the work is complete. Completed items on the punch list will be signed off by the C onsultant. Upon completion of the punch list work the Consultant will notify the City that the work is complete and forward a copy of the completed punch list.
Assumptions:
Consultant will provide a preliminary punch list of outstanding work items to the Contractor. Consultant will ensure all punch list items are completed prior to requesting a final walk - through from the C ity and the Designer.
Deliverables:
Completed and signed-off punch-list submitted to the City with the closeout documents.
5 – CONSTRUCTION CLOSEOUT ACTIVITIES
5.1 Contract Closeout
Purpose :
To provide the City with final closeout documentation, including any permit and grant completion documents.
Approach:
Consultant will turn over all project files, contract correspondence and documents including final logs at time of project completion.
Assumptions:
City will file final Notice of Completion and Acceptance of Work.
Deliverables:
1. Notice of Completion form for City.
2. Notices of Completion for any Permits, including “duplicate” permits for project and documentation showing the NOC has been recorded.
3. Preparation of supporting information for NOC.
4. Copy of the Contractor’s performance bond, good for the warranty period.
5. Final project documentation in accordance with the requirements of the Caltrans local assistance manual and LPP Grant requirements.
5.2 Project As-Built Drawings
Purpose:
To provide the City with accurate record drawings indicating all changes and as-built conditions.
Approach:
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In addition to monitoring the Contractor’s record drawings, Consultant will maintain a copy of up-to-date contract plans for the purpose of aiding the Designer in final review of the record drawings.
Assumptions:
1. The Contractor will be responsible for preparing the record drawings in both reproducible and electronic formats.
2. Consultant will assist the Designer in review and final approval of the as-built record drawings.
Deliverables:
One set of contract drawings indicating recorded changes to the contract, as maintained by Consultant. This set will be in addition to the Contractor’s marked up set of contract drawings. Provide one copy of the revised Mylar drawings. The design consultant will prepare the record drawings for the project.
5.3 Final Project Report
Purpose:
To provide the C ity with a written history of the construction contract. The contents of the final report are to fulfill federal requirements for federal financial participation.
Approach:
Consultant will review the project documents and prepare a written report for the City. As a minimum, the report will include the following:
1. Names of all organizations involved with the Projects, i.e. City, construction manager, contractor and any other parties that may have a significant part in the construction of the projects.
2. Chronological history of the construction effort, to include all significant dates.
3. Contract amounts at bid time with all other bids in tabular form.
4. Change order history, to include summary statement about each change, negotiated cost of each change and other information deemed necessary by Consultant and the City’s Project Manager.
5. Summary of Requests for Information, in tabular or matrix form.
6. Summary of outstanding claims not resolved when the notice of completion is filed.
7. Summary of final contract amount.
8. Summary of reimbursement request and reimbursements for any associated grants.
9. Project photographs.
10. “Lessons learned”
Deliverables:
One hard copy and one electronic file.
5.4 Final Payment, Final Report of Expenditure Checklist
Purpose:
To provide the C ity with the final contract cost and final balance due the Contractor. Also prepare Report of Expenditure Checklist for reimbursement including all necessary attachments. 641
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Approach:
Following completion of the contract work, C onsultant will, in accordance with the Designer, determine the final quantities and cost of all outstanding unit price work and all outstanding approved change order work.
Consultant will prepare for the C ity and the Contractor, a final balancing change order quant ifying the final contract amount. Contractor will include amount of final balancing change order in submission of last certified application for payment, submitted to C onsultant. Once approved, C onsultant will forward application for payment to the City for final approval and processing.
Assumptions:
1. There are no outstanding issues or claims.
2. The City is responsible for filing Notice of Completion and addressing all subcontractor claims prior to release of final payment.
Deliverables:
1. Final Pay Estimate including finalized bid items, claims, change orders, punch-list items, and corrected shop drawings.
2. Contractor’s last certified application for payment with application certificate.
3. Report of Expenditure Checklist with attachments
4. Grant final report including all attachments.
5.5 Audit Support
Purpose:
To assist City during any future audits of the project.
Assumptions:
City may be audited one or more times following project close-out. The City will issue a future task order to pay for support services during any such audits, should they request these services.
Deliverables:
Consultant will participate in the audit process at the City offices and provide any and all documentation from the project as requested by the auditors, and attend meetings as needed.
6 – Field Office and Employee Equipment
The Construction Contractor will provide a construction trailer/office facility with sanitary facility, water supply, and air conditioning for the use of CM/Consultant staff and provide venue for weekly construction progress meetings, coordination meetings with local agencies, utility companies, local businesses, residents and other stake holders. Supplies t o be provided by the contractor include furniture, phones, computers, fax machine, Internet services, copying/reproduction machine, file cabinets, and site safety equipment required for field staff to perform their work.
642
643
Cost Proposal
City of Eastvale
December 13, 2021
Project Schedule
Jan Feb Mar Apr May Jun July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun July Calendar days 31 28 31 30 31 30 31 31 30 31 30 31 31 28 31 30 31 30 31 Work days 21 20 23 20 22 22 20 20 21 20 20 20 21 20 22 20 22 22 20 Advertise- Award & NTP/ Pre-Const (1/15/2021 to 5/31/2021) 1 2 3 4 5 6 Construction Stage Must Start by (7/1/2021 - 6/301/2022) 12Months 1 2 3 4 5 6 7 8 9 10 11 12 13 Construction Stage "Accelerated Schedule" (7/1/2021 - 3/31/2022) 9Months 1 2 3 4 5 6 7 8 9 10 11 12 14 180WD Post Construction (7/1/2023 -7/31/2023) or (4/1/2023 - 4/30/2023) Estimated Fees Jan Feb Mar Apr May Jun July Aug Sept Oct Nov Dec Jan Feb Mar April May Jun July Description Name Hourly Rate
Principal-in-Charge Wael Faqih, PE $378.57 0 -$
Construction Manager
Claims Specialist Ashraf Mohamed, PE $250.00 40 100 100 100 80 80 100 100 100 100 100 100 100 40 900 225,000.00$ Lead Construction Inspector Ahmad Faqih, PE $240.00 100 100 100 80 80 100 100 100 100 100 100 100 860 206,400.00$ Roadway Construction Inspector Tim Dexter $177.03 0 -$
Roadway Construction Inspector Ahmed Hamasha $205.00 168 168 168 168 168 168 168 168 168 168 168 168 1,512 309,960.00$ Electrical Inspector/Scheduling/Labor Moh'd Khalaileh, PE $240.00 40 40 40 40 40 9,600.00$ Electrical Inspector Salvador Orozco $204.26 40 40 40 40 40 80 16,340.94$ Electrical Inspector Awwad Kaddah $186.23 0 -$
Landscape Architect Charles Lamb, RLA $186.00 80 80 80 80 80 14,880.00$ Construction Surveyor Bill Henry, PLA $205.00 80 80 80 80 80 80 80 80 80 80 80 80 720 147,600.00$ Technical Support Tariq Malik, PE $250.00 20 20 20 20 60 15,000.00$ Technical Support Juan Rojas, PE $250.00 0 -$
Public Outreach Dennis Green $200.00 0 -$
Public Outreach Sami Faqih $205.00 40 40 40 40 40 40 40 40 40 40 40 40 360 73,800.00$ Public Outreach Kevin Mindreau $108.94 40 40 40 40 40 40 40 40 40 40 40 40 360 39,218.26$ SWPPP/Safety Dion Castro, ToR $210.00 40 40 40 40 40 40 40 40 40 40 40 40 360 75,600.00$ Asst. Resident Engineer/Office Engineer Zaid Afanan, PE $220.00 80 80 80 80 40 40 40 40 40 40 40 40 40 520 114,400.00$ Asst. Office Engineer Rhoda Abouazra $136.00 0 -$
1,247,799.20$
Structures Representative/Inspection Danken $450,000.00 168 168 168 168 168 168 168 168 168 168 168 168 1512 $450,000.00 Environmental Wood $70,000.00 40 40 40 40 40 40 40 40 40 40 360 $70,000.00 Materials Testing Converse Consultants $120,000.00 100 100 100 100 100 100 100 100 100 100 100 100 900 $120,000.00 0 8624 1,887,799.20$
Reduced Construction Duration ~9-Months ~180-Working Days CM COST SAVING = ~27%
Total Anticipated Construction OH & Equipment's Cost Savings = ~31% -$ TOTAL
Advertise/Award/PreConst
Award Contract to FALCON -NTP May 2022
Constructability Review "During Bid advertisement"
Total Cost (9M)
Limonite Gap Closure Project Construction Management Services 2022 2023
Total Hours
9MonthsConstruction Stage
SUBCONSULTANTS - ADDITIONAL RESOURCES
Original Construction Duration ~12-Months ~250-Working Days 644
645
646
647
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
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)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT
OTHER: $
COMBINED SINGLE LIMIT
$(Ea accident)
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED
BODILY INJURY (Per accident) $AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE
$AUTOS ONLY 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 LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
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 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.ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
1/13/2022
(714) 505-5550 (714) 975-8966
25674
Falcon Engineering Services, Inc
1020 Aquino Circle
Corona, CA 92879
25666
19445
25658
A 1,000,000
X X 6807H216122 10/1/2021 10/1/2022 300,000
5,000
1,000,000
2,000,000
2,000,000
1,000,000B
X X BA2S64830221 10/1/2021 10/1/2022
2,000,000C
EBU069972232 10/1/2021 10/1/2022 2,000,000
0 A
X UB-0R970440-21-47-G 10/1/2021 10/1/2022 1,000,000
N 1,000,000
1,000,000
D E&O/Professional Lia 106042959 1/15/2022 Ded 75k Agg $5m 3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Regarding Project: Limonite Gap Closure Construction Management City, and its respective elected and appointed officers, officials, and employee s and volunteers are named as additional insureds as respects operations of the named insured regarding General Liability as per endorsement CGD3810915, including Waiver of Subrogation; Primary and NonContributory applies as per endorsement CGD0370405; 30 Days notice of cancellation applies as per endorsement ILT4000519; Business Auto additional insured and waiver of subrogation applies as per endorsement CAT4200215; Worker's Compensation Waiver of Subrogation applies as per endorsement WC990376, all forms attached. Umbrella coverage is follow form to all underlying coverages except Professional Liability/Errors & Omissions.
City of Eastvale
12363 Limonite Avenue
Suite 910
Eastvale, CA 91752
FALCENG-01 GLORIAZIMMERMAN
NFP Property & Casualty Services, Inc.
1551 North Tustin Avenue
Suite 500
Santa Ana, CA 92705
Gloria Zimmerman
Travelers Property Casualty Company of America
Travelers Indemnity Company of America
National Union Fire Insurance Company of Pittsburgh, PA Travelers Indemnity Company
X
1/15/2023
X
X
X
X
X
X
X
X
X
648
FORM NUMBER:
EFFECTIVE DATE:
The ACORD name and logo are registered marks of ACORD
ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE
FORM TITLE:
Page of
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01)
AGENCY CUSTOMER ID:
LOC #:
AGENCY NAMED INSURED
POLICY NUMBER
CARRIER NAIC CODE
© 2008 ACORD CORPORATION. All rights reserved.
NFP Property & Casualty Services, Inc.
FALCENG-01
SEE PAGE 1
1 SEE PAGE 1
ACORD 25 Certificate of Liability Insurance
1 SEE P 1
Falcon Engineering Services, Inc
1020 Aquino Circle
Corona, CA 92879
SEE PAGE 1
GLORIAZIMMERMAN
1 NFP Disclaimer
The attached Certificate of Insurance is provided as part of our service to our client, the insured. If special endorsements have been provided, they also are indicated attached. You may find that these documents do not comply with all of the terms and/or conditions of the underlying contract between the Certificate Holder and the insured due to the Insurance Company's insuring conditions, limitations, exclusions and other terms. If you have any questions, please contact the undersigned.
NFP Property & casualty Services, Inc.
CA License OF15715
1551 N. Tustin Avenue, Suite 500
Santa Ana, CA 92705
Telephone: 714-505-5550
Fax: 714-975-8966
649
650
651
652
ADDRESS:
POLICY NUMBER: 680 7H216122 ISSUE DATE: 09/25/202
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED PERSON OR ORGANIZATION – NOTICE OF
CANCELLATION OR NONRENEWAL PROVIDED BY US
This endorsement modifies insurance provided under the following:
ALL COVERAGE PARTS INCLUDED IN THIS POLICY
SCHEDULE
CANCELLATION: Number of Days Notice:
WHEN WE DO NOT RENEW (Nonrenewal): Number of Days Notice:
PERSON OR
ORGANIZATION:
IL T4 00 05 19 © 2019 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 ANY PERSON OR ORGANIZATION TO WHOM YOU
HAVE AGREED IN A WRITTEN CONTRACT THAT
NOTICE OF CANCELLATION OR NONRENEWAL OF THIS POLICY
WILL BE GIVEN, BUT ONLY IF:
1. YOU SEND US A WRITTEN REQUEST TO
PROVIDE SUCH NOTICE, INCLUDING THE
NAME AND ADDRESS OF SUCH PERSON OR
ORGANIZATION, AFTER THE FIRST NAMED
INSURED RECEIVES NOTICE FROM US OF
THE CANCELLATION OR NONRENEWAL OF THIS POLICY; AND
2. WE RECEIVE SUCH WRITTEN REQUEST AT
LEAST 14 DAYS BEFORE THE BEGINNING OF
THE APPLICABLE NUMBER OF DAYS SHOWN
IN THIS SCHEDULE.
THE ADDRESS FOR THAT PERSON OR ORGANIZ
ATION INCLUDED IN SUCH WRITTEN REQUEST
FROM YOU TO US.
PROVISIONS
A. If we cancel this policy for any legally permitted reason other than nonpayment of premium, and a
number of days is shown for Cancellation in the Schedule above, we will mail notice of
cancellation to the person or organization shown in such Schedule. We will mail such notice to the
address shown in the Schedule above at least the
number of days shown for Cancellation in such
Schedule before the effective date of cancellation.
B. If we do not renew this policy for any legally permitted reason other than nonpayment of
premium, and a number of days is shown for
When We Do Not Renew (Nonrenewal) in the
Schedule above, we will mail notice of
nonrenewal to the person or organization shown
in such Schedule. We will mail such notice to the
address shown in the Schedule above at least the
number of days shown for When We Do Not
Renew (Nonrenewal) in such Schedule before the
effective date of nonrenewal.
30 30
653
COMMERCIAL AUTO
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
CA T4 20 02 15
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AUTO COVERAGE PLUS ENDORSEMENT
Page 1 of 3© 2015 The Travelers Indemnity Company. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
GENERAL DESCRIPTION OF COVERAGE This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED
B. EMPLOYEE HIRED AUTO
C. EMPLOYEES AS INSURED
D. SUPPLEMENTARY PAYMENTS INCREASED
LIMITS
E. TRAILERS INCREASED LOAD CAPACITY
F. HIRED AUTO PHYSICAL DAMAGE
G. PHYSICAL DAMAGE TRANSPORTATION
EXPENSES INCREASED LIMIT
A. BLANKET ADDITIONAL INSURED
The following is added to Paragraph A.1., Who Is
An Insured, of SECTION II COVERED AUTOS
LIABILITY COVERAGE:
Any person or organization who is required under
a written contract or agreement between you and
that person or organization, that is signed and
executed by you before the "bodily injury" or
"property damage" occurs and that is in effect
during the policy period, to be named as an addi
tional insured is an "insured" for Covered Autos
Liability Coverage, but only for damages to which
this insurance applies and only to the extent that
person or organization qualifies as an "insured"
under the Who Is An Insured provision contained
in Section II.
B. EMPLOYEE HIRED AUTO
1. The following is added to Paragraph A.1.,
Who Is An Insured, of SECTION II COV
ERED AUTOS LIABILITY COVERAGE:
An "employee" of yours is an "insured" while
operating a covered "auto" hired or rented
under a contract or agreement in an "em
ployee's" name, with your permission, while
performing duties related to the conduct of
your business.
2. The following replaces Paragraph b. in B.5.,
Other Insurance, of SECTION IV BUSI
NESS AUTO CONDITIONS:
b. For Hired Auto Physical Damage Cover
age, the following are deemed to be cov
ered "autos" you own:
(1) Any covered "auto" you lease, hire,
rent or borrow; and
(2) Any covered "auto" hired or rented by
your "employee" under a contract in
an "employee's" name, with your
permission, while performing duties
related to the conduct of your busi
ness.
However, any "auto" that is leased, hired,
rented or borrowed with a driver is not a
covered "auto".
C. EMPLOYEES AS INSURED
The following is added to Paragraph A.1., Who Is
An Insured, of SECTION II COVERED AUTOS
LIABILITY COVERAGE:
H. AUDIO, VISUAL AND DATA ELECTRONIC
EQUIPMENT INCREASED LIMIT
I. WAIVER OF DEDUCTIBLE GLASS
J. PERSONAL PROPERTY
K. AIRBAGS
L. AUTO LOAN LEASE GAP
M. BLANKET WAIVER OF SUBROGATION
Policy#: BA2S64830221
Falcon Engineering Services
654
COMMERCIAL AUTO
CA T4 20 02 15Page 2 of 3 © 2015 The Travelers Indemnity Company. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Any "employee" of yours is an "insured" while us
ing a covered "auto" you don't own, hire or borrow
in your business or your personal affairs.
D. SUPPLEMENTARY PAYMENTS INCREASED
LIMITS
1. The following replaces Paragraph A.2.a.(2) of
SECTION II COVERED AUTOS LIABILITY
COVERAGE:
(2) Up to $3,000 for cost of bail bonds (in
cluding bonds for related traffic law viola
tions) required because of an "accident"
we cover. We do not have to furnish
these bonds.
2. The following replaces Paragraph A.2.a.(4) of
SECTION II COVERED AUTOS LIABILITY
COVERAGE:
(4) All reasonable expenses incurred by the
"insured" at our request, including actual
loss of earnings up to $500 a day be
cause of time off from work.
E. TRAILERS INCREASED LOAD CAPACITY
The following replaces Paragraph C.1. of SEC
TION I COVERED AUTOS:
1. "Trailers" with a load capacity of 3,000
pounds or less designed primarily for travel
on public roads.
F. HIRED AUTO PHYSICAL DAMAGE
The following is added to Paragraph A.4., Cover
age Extensions, of SECTION III PHYSICAL
DAMAGE COVERAGE:
Hired Auto Physical Damage Coverage
If hired "autos" are covered "autos" for Covered
Autos Liability Coverage but not covered "autos"
for Physical Damage Coverage, and this policy
also provides Physical Damage Coverage for an
owned "auto", then the Physical Damage Cover
age is extended to "autos" that you hire, rent or
borrow subject to the following:
(1) The most we will pay for "loss" to any one
"auto" that you hire, rent or borrow is the
lesser of:
(a) $50,000;
(b) The actual cash value of the damaged or
stolen property as of the time of the
"loss"; or
(c) The cost of repairing or replacing the
damaged or stolen property with other
property of like kind and quality.
(2) An adjustment for depreciation and physical
condition will be made in determining actual
cash value in the event of a total "loss".
(3) If a repair or replacement results in better
than like kind or quality, we will not pay for the
amount of betterment.
(4) A deductible equal to the highest Physical
Damage deductible applicable to any owned
covered "auto".
(5) This Coverage Extension does not apply to:
(a) Any "auto" that is hired, rented or bor
rowed with a driver; or
(b) Any "auto" that is hired, rented or bor
rowed from your "employee".
G. PHYSICAL DAMAGE TRANSPORTATION
EXPENSES INCREASED LIMIT
The following replaces the first sentence in Para
graph A.4.a., Transportation Expenses, of
SECTION III PHYSICAL DAMAGE COVER
AGE:
We will pay up to $50 per day to a maximum of
$1,500 for temporary transportation expense in
curred by you because of the total theft of a cov
ered "auto" of the private passenger type.
H. AUDIO, VISUAL AND DATA ELECTRONIC
EQUIPMENT INCREASED LIMIT
Paragraph C.1.b. of SECTION III PHYSICAL
DAMAGE COVERAGE is deleted.
I. WAIVER OF DEDUCTIBLE GLASS
The following is added to Paragraph D., Deducti
ble, of SECTION III PHYSICAL DAMAGE
COVERAGE:
No deductible for a covered "auto" will apply to
glass damage if the glass is repaired rather than
replaced.
J. PERSONAL PROPERTY
The following is added to Paragraph A.4., Cover
age Extensions, of SECTION III PHYSICAL
DAMAGE COVERAGE:
Personal Property Coverage
We will pay up to $400 for "loss" to wearing ap
parel and other personal property which is:
(1) Owned by an "insured"; and
(2) In or on your covered "auto".
This coverage only applies in the event of a total
theft of your covered "auto".
No deductibles apply to Personal Property cover
age.
655
COMMERCIAL AUTO
CA T4 20 02 15 © 2015 The Travelers Indemnity Company. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Page 3 of 3
K. AIRBAGS
The following is added to Paragraph B.3., Exclu
sions, of SECTION III PHYSICAL DAMAGE
COVERAGE:
Exclusion 3.a. does not apply to "loss" to one or
more airbags in a covered "auto" you own that in
flate due to a cause other than a cause of "loss"
set forth in Paragraphs A.1.b. and A.1.c., but
only:
a. If that "auto" is a covered "auto" for Compre
hensive Coverage under this policy;
b. The airbags are not covered under any war
ranty; and
c. The airbags were not intentionally inflated.
We will pay up to a maximum of $1,000 for any
one "loss".
L. AUTO LOAN LEASE GAP
The following is added to Paragraph A.4., Cover
age Extensions, of SECTION III PHYSICAL
DAMAGE COVERAGE:
Auto Loan Lease Gap Coverage for Private
Passenger Type Vehicles
In the event of a total "loss" to a covered "auto" of
the private passenger type shown in the Schedule
or Declarations for which Physical Damage Cov
erage is provided, we will pay any unpaid amount
due on the lease or loan for such covered "auto"
less the following:
(1) The amount paid under the Physical Damage
Coverage Section of the policy for that "auto";
and
(2) Any:
(a) Overdue lease or loan payments at the
time of the "loss";
(b) Financial penalties imposed under a
lease for excessive use, abnormal wear
and tear or high mileage;
(c) Security deposits not returned by the les
sor;
(d) Costs for extended warranties, Credit Life
Insurance, Health, Accident or Disability
Insurance purchased with the loan or
lease; and
(e) Carry over balances from previous loans
or leases.
M. BLANKET WAIVER OF SUBROGATION
The following replaces Paragraph A.5., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV BUSINESS AUTO CONDI
TIONS:
5. Transfer Of Rights Of Recovery Against
Others To Us
We waive any right of recovery we may have
against any person or organization to the ex
tent required of you by a written contract exe
cuted prior to any "accident" or "loss", pro
vided that the "accident" or "loss" arises out of
the operations contemplated by such con
tract. The waiver applies only to the person or
organization designated in such contract.
656
657
AGENDA STAFF REPORT
City Council Meeting
CITY COUNCIL BUSINESS
Agenda Item No. 13.2
July 26, 2023
Approval of the Right-of-Way Acquisi2on Contract with San Bernardino County Flood Control District for Limonite Avenue Gap Closure Project
Prepared By:
Jimmy Chung, Interim Public Works Director/City Engineer Recommended Action(s)
Staff recommends that the City Council approve a resolution to:
1 .
Approve Resolu&on 23-XX approving the Right-of-Way Acquisi&on Contract between the City
of Eastvale and the San Bernardino County Flood Control District for the District owned- property over San Bernardino County Flood Control, containing approximately 38,725 square feet, for the Limonite Gap Closure Project;
2 .
Authorize the City Manager to execute the Contract, Easement Deed, and a cer&ficate of acceptance;
3 .
Authorize the City Manager to execute any necessary documents to complete this transaction.
Summary
The Limonite Gap Closure Project proposes to construct a new vehicular bridge over Cucamonga Creek Channel which is the real property owned by San Bernardino County Flood Control District (District). The conveyance of the permanent easement requires the Right-of-Way Acquisi&on Contract with the District and pay the District fair market value.
Background
Project Description 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
658
The Limonite Avenue Gap Closure Project (Project) constructs a four-lane roadway that will close the gap in Limonite Avenue from Archibald Avenue in the east and Kimball Avenue in the west. The Project includes a 300-foot bridge over Cucamonga Creek Channel (CCC) that traverses north-south through the project alignment. The Project constructs mul&-use paths along both sides of the roadway to extend non-motorized access. This Project completes a cri&cal east-west connec&on between State Route (SR) 71 in San Bernardino County and Interstate 15 (1-15) in Riverside County and supports the reduction of regional vehicle-miles traveled (VMT).
Limonite Avenue is considered an Urban Arterial according to the City's General Plan -Circula&on Element. The Project will extend the roadway from its current western terminus at Archibald Avenue to Kimball Avenue in the City of Chino, east of Hellman Avenue. This extension connects with the City's recently completed construc&on of Limonite Avenue from Hellman Avenue to the east for approximately 2,450 feet as a part of “The Ranch” development.
The Project includes a new 300 foot long wide-flanged concrete girder bridge crossing the CCC and new curb, guJer, and sidewalk improvements on both sides of the bridge connec&ng to where the current segments of Limonite Avenue end. Addi&onally, the Project includes a new mul&-use trail on both the north and south sides of Limonite Avenue and includes viewpoint plaza cool down areas with sea&ng, trees, and pedestrian ameni&es along the bridge. Other improvements along the Project Limits are as follows:
• Drainage system improvements ranging from 48” to 72” diameter reinforced concrete pipe designed to convey runoff generated by the new development and increased impervious areas to the CCC.
• A new 12” duc&le iron domes&c water line providing the much-needed connec&on to the Jurupa Community Services District system greatly enhancing water supply network within the greater Project Area.
• New utility infrastructure including gas and electric distribution, and fiber optic communications. • Overhead street and pedestrian walkway safety lighting improvements. • Drought tolerant decora&ve landscaping including trees, shrubs, surface vegeta&on and irrigation amenities.
Permanent Easement over Cucamonga Creek Channel
The construc&on of the Project requires the conveyance of areal easement and surface right-of-way easement from the San Bernardino County Flood Control (District) who owns the Flood Control Channel which the bridge is constructed over. The permanent easement contains approximately 38,725 square feet and is a portion of Assessor’s Parcel Numbers 144-010-010.
Staff worked closely with the District and the District's Real Estate Services Department (RESD) to coordinate the terms and condi&ons of the Right-of-Way Contract and the fair market value. City hired Chris&ne Santolucito of Santolucito Dore Group to develop appraisal report for the easements and submiJed to RESD for review. Using a commonly used and accepted method of valua&on, RESD staff performed a correc&ve appraisal review and concluded the fair market value to be $677,688.
Conveyance of real property requires a Board ac&on, and it was approved by the County Board of Supervisors on July 25, 2023.
Staff recommends the City pay the fair market value of $677,688 and reimburse the District an amount not to exceed $101,653 for administra&ve costs associated with this transac&on prior to the conveyance and recording of the easements. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
659
Environmental
A Mi&gated Nega&ve Declara&on for the project was prepared and was adopted by the City Council at the September 9, 2020 City Council Meeting.
Strategic Plan Action - Priority Level: N/A
| Target #: E
| Goal #: E
Improve connectivity
Fiscal Impact
Approval of this item will result in expenditures in the amount up to $779,341, composed of $677,688 for the fair market value of the easements plus an amount not to exceed $101,653 for reimbursement of administra&ve costs related to this request. A total of $1,175,000 in General Fund budget appropria&ons are available in the fiscal year 2022-23 budget and will be carried forward into the 2023-24 fiscal year. Funds are located in the General Capital Projects fund within the bridge account 600-510-6662-93026. The City will be responsible for the opera&on and maintenance of the street, highway, road and/or bridge improvements located within the proposed permanent easement. Ongoing maintenance and improvement costs will be charged first to the city's Gas Tax funding, upon exhaus&on of those funds the General Fund will be required to contribute to easement maintenance and improvements.
Prior City Council/Commission Action
On May 22, 2019, City Council entered into an agreement with Mark Thomas to provide planning, engineering and environmental services for the Limonite Avenue Gap Closure Project.
On May 22, 2019, City Council approved the TUMF Reimbursement Agreement with WRCOG for the Limonite Avenue Gap Closure Project.
On October 23, 2019, City Council provided direc&on regarding the Limonite Gap Closure Project Concept Review to allow the use of a roundabout for the intersec&on of Limonite Avenue and the proposed driveway to the Homestead Development.
On February 26, 2020, City Council reviewed and provided comments on the related to the vehicular and pedestrian bridge aesthetics and geometrics for the Limonite Avenue Gap Closure Project.
On September 9, 2020, City Council adopted a Mi&gated Nega&ve Declara&on for the Limonite Avenue Gap Closure Project.
On September 8, 2021, City Council approved the first amendment to the Mark Thomas Professional Services Agreement.
On January 12, 2022, the City Council entered into an agreement with Falcon Engineering Services to provide construction management services
.
On January 11, 2023, the City Council approved the first amendment to the TUMF Reimbursement Agreement with WRCOG for the Limonite Avenue Gap Closure Project.
Attachment(s)
Attachment 1 - Project Location Map
Attachment 2.1 - Right of Way Contract
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
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Attachment 2.2 - Exhibit 1 to Right of Way Contract
Attachment 2.3 - Exhibit 2 to Right of Way Contract
Attachment 3 - Corrective Appraisal Review Report 23-15CR
Attachment 4 - Appraisal Report
Attachment 5 - Resolution No. 23-XX
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
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1 RIGHT OF WAY ACQUISITION CONTRACT
This Right of Way Acquisition Contract (“Agreement”) is entered into by and between the San Bernardino County Flood Control District (hereinafter, “Grantor”) and the City of Eastvale (hereinafter, “City”).
A. Grantor owns certain real property located in San Bernardino County, State of California, commonly identified as Assessor’s Parcel Number 144-010-010 (the “Property”), on which the Grantor’s Cucamonga Creek Channel (“Channel”) is situated.
B. The City has requested that Grantor grant a non-exclusive aerial easement interest over a portion of the Property for an elevated public street, highway, road, and/or bridge structure and a non-exclusive surface easement on and under a portion of the Property for supporting banks, piers, footings, and any other necessary appurtenances (the aerial and surface easement interests are collectively hereinafter referred to as the “Property Interest”), for a total easement area of approximately 38,725 square feet (“Easement Area”) to construct its Limonite Gap Closure Capital Improvement Project, which will provide for a new bridge for vehicles, bicycles, and pedestrians over the Grantor’s Channel to accommodate four travel lanes, a raised median, a multi-purpose trail system in each direction (the “Project”).
C. The parties acknowledge that, due to the Project, an existing District access road on the Property will become inaccessible. As a result, as a condition to close of escrow, the City must obtain, on behalf of the District, three (3) easements from adjoining private property owners to provide a replacement access road for the District (“Replacement Access Easements”).
D. The parties entered into an Agreement for Possession and Use dated March 14, 2023 (“Interim Agreement”) for the City’s interim possession and use of the Easement Area to meet the City’s certification requirements for the Project while the parties negotiated the terms of this Agreement.
E. The parties now desire to enter into this Agreement for the City’s acquisition of the Property Interest for the Easement Area on the terms and condition set forth herein.
In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows:
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2 1. (A) The parties have herein set forth the whole of their agreement herein. The performance of this Agreement constitutes the entire consideration for the Property Interest for the Easement Area.
(B) Upon the close of escrow, the Grantor shall grant a Property Interest for the Easement Area in the form of Easement Deed (Public Street and Bridge) attached hereto as Exhibit “1” and incorporated herein for the Project; at which time, the Interim Agreement shall be deemed terminated.
(C) Both Grantor and the City recognize the City has the authority to exercise the power of eminent domain with respect to the Easement Area, and further recognize the expense, time, effort and risk to both parties in determining the compensation for the Property Interest by eminent domain litigation. The compensation set forth in Paragraph 2(A) herein for the Property Interest is in compromise and settlement, in lieu of such litigation.
(D) It is agreed that the City shall open an escrow promptly following the mutual execution of this Agreement in accordance with this Agreement at Commonwealth Land Title Company or another escrow company of the County’s choice (“Escrow Agent”). This Agreement constitutes the joint escrow instructions of the City and the Grantor, and Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to perform all acts reasonably necessary to close this escrow within sixty (60) days following the opening of escrow, subject to the satisfaction or waiver by Grantor of both of the following closing conditions: (i) receipt by Grantor of duly recorded Replacement Access Easements granted to Grantor on certain portions of adjacent properties as follows: one easement from TDC Remington Partners, LLC of approximately 15,132 square feet over a portion of property commonly known as Riverside County Assessor’s Parcel Number (RAPN) 144-010-084; one easement from TDC Remington Partners, LLC of approximately 8,297 square feet over a portion of property commonly known as RAPN 144-010-085; and one easement from DPIF3 CA 27 Archibald Ave., LLC of approximately 13,349 square feet over a portion of property commonly known as RAPN 144-010-091, as the easement areas are generally depicted in shaded beige on Exhibit “2” attached hereto and incorporated herein; and (ii) receipt of the compensation paid to Grantor in accordance with Paragraph 2(A) of this Agreement.
2. (A) The City shall, upon close of escrow, pay the undersigned Grantor the sum of Six Hundred Seventy Seven Thousand Six Hundred Eighty Eight Dollars and Zero Cents ($677,688.00) for the Property Interest conveyed by the Easement Deed (Public Street and Bridge) and $20,357 for initial reimbursement of Grantor’s administrative costs associated with this transaction for a total sum due from the City of $698,045.00 and deliver to Grantor all duly recorded Replacement Access Easements. The City shall pay additional administrative costs incurred by District following execution of this Agreement through the earlier of close of escrow or 664
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3 termination of this Agreement, as invoiced by the District, which shall be paid by City within thirty (30) days after receipt of the District’s invoice.
3. The City will pay all usual escrow and recording fees incurred in this transaction, and if title insurance is desired by the City, the premium charged therefor. Due to the City’s status as a public agency, no recording fees will be payable (pursuant to Government Code section 27383) and no documentary transfer tax will be payable (pursuant to Revenue & Taxation Code section 11922).
4. FULL AND COMPLETE SETTLEMENT. Grantor hereby acknowledges that it is the sole and lawful owner of the Property and the receipt by Grantor of all duly recorded Replacement Access Easements and the compensation paid to Grantor through this Agreement constitutes the full and complete settlement of any and all claims against the City (hereafter, individually and collectively, “Releasee”) by reason of the acquisition of the Property Interest for the Easement Area, including, but not limited to, any and all rights or claims that Grantor had, currently has or may in the future have under Article 1, Section 19 of the California Constitution, the Eminent Domain Law, or any other law or regulation, except as provided herein. Grantor, on behalf of itself and its successors and assigns, further knowingly and voluntarily waives and expressly releases and discharges Releasee and any and all of Releasee’s employees, agents, officers, servants, representatives, contractors, attorneys, partner agencies and assigns, from liability in regard to any claims for the following associated with City’s acquisition of the Property Interest for the Easement Area under this Right of Way Acquisition Contract, pre-condemnation damages, any right to challenge the adoption of a resolution of necessity, any right to receive any notices pursuant to Code of Civil Procedure Section 1245.235, any right to enforce any obligation pursuant to the Eminent Domain Law, and claims for litigation expenses, attorney’s fees, statutory interest and/or costs (collectively, “Released Claims”). Grantor further consents to the dismissal of any Eminent Domain proceeding that is filed pertaining to the Property Interest for the Easement Area and further waives all attorney’s fees, costs, claims to money on deposit, disbursements and expenses in connection with the dismissal of said proceeding.
5. The parties intend that this Agreement, subject to receipt by Grantor of all duly recorded Replacement Access Easements and the compensation paid to Grantor through this Agreement, will result in a full, complete and final resolution and settlement of the Released Claims, causes of action or disputes which exist, or may exist, between them as expressly provided herein. It is therefore understood that the waiver, under this Agreement, of any rights, damages, compensation or benefits to which Grantor is, or may be, entitled is intended to be full and complete.
Accordingly, except as provided herein:
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4 (A) Pursuant to the releases set forth in this Agreement, Grantor specifically waives the provision of section 1542 of the Civil Code of the State of California which provides:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE
CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY.”
(B) Grantor represents and warrants that it understands the effect of this waiver of section 1542 and has had the opportunity to discuss the effect of this waiver with counsel of its choice.
6. Reserved.
7. Grantor represents and warrants that it is the fee simple owner of the Property and that it has the right to convey the Property Interest in the Easement Area.
8. Reserved.
9. It is understood and agreed by and between the parties hereto that, in addition to the purchase price for the Property Interest for the Easement Area, included in the amount payable under Clause 2(A) above is payment in full to compensate the Grantor for the purchase of the following improvements on the Easement Area: 2 medium trees. All purchased improvements listed above will not be replaced by the City. Grantor agrees that it is not entitled to compensation for any other improvements located within the Easement Area being purchased pursuant to this Agreement.
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11.Except as otherwise permitted in the Interim Agreement, the City shall not have the right of possession and use of the Easement Area until close of escrow has occurred and the Easement Deed has been recorded.
12.Reserved.
13.City acknowledges that it has procured and reviewed the Preliminary Title Report, dated July 15, 2020 for the Easement Area, and understands and accepts that none of the title exceptions affecting the Easement Area in the Preliminary Title Report will be removed by Grantor.
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5 14.Except as otherwise permitted in the Interim Agreement, it is agreed and confirmed by the parties hereto that, upon close of escrow and the recording of the Easement Deed, the City shall have the right of possession and use of the Easement Area in accordance with the Easement Deed Area pursuant. The amount shown in Clause 2A herein includes, but is not limited to, full payment for such easement interest.
15.Any notice either party may or is required to give the other shall be in writing and shall be personally delivered, sent by a reputable overnight courier service, or sent by registered or certified mail, return receipt requested. If by personal delivery, overnight courier service, or registered or certified mail, service shall be deemed to have been received by the receiving party at the time the notice is delivered or acceptance of delivery is refused to the following addresses:
To Grantor:
San Bernardino County Flood Control District
c/o Real Estate Services Department
385 N. Arrowhead Ave, 3rd Floor
San Bernardino, CA 92415
Attn.: Brandon Ocasio, Manager of Acquisitions and Dispositions With a copy to:
San Bernardino County Flood Control District
825 E. 3rd Street
San Bernardino, CA 92415
Attn.: David Drake
To City:
City of Eastvale
12363 Limonite Avenue, #910
Eastvale, CA 91752
Attn: Mark Orme
16.It is understood and agreed by and between the parties hereto that this Agreement inures to the benefit of, and is binding on, the parties, their respective heirs, personal representatives, subsequent purchasers, successors, and/or assignees.
The City shall not assign any or all of its interest or rights under this Agreement without the Grantor’s prior written consent.
17.It is understood and agreed that the fully executed Easement Deed (Public Bridge and Utilities) may be recorded in the Recorder’s Office for San Bernardino County.
18.Reserved.
19.Reserved.
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6 20.This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter of this Agreement and may not be modified except by an instrument in writing signed by the party to be bound thereby.
21.If any term or provision of this Agreement shall be held to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect.
22.Each individual executing this Agreement on behalf of a party represents and warrants that he or she has been authorized to do so by the party on whose behalf he or she executes this Agreement and that said party will thereby be obligated to perform the terms of this Agreement.
23.This Agreement may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution, be deemed an original, and all such counterparts together shall constitute one and the same instrument. The parties shall be entitled to sign and transmit an electronic signature of this Second Amendment (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Agreement upon request.
24.This Agreement may be subject to approval by the City’s Council and the Grantor’s governing body.
In Witness Whereof, the parties have executed this Right of Way Acquisition Contract on the day and year set forth below.
GRANTOR
San Bernardino County Flood Control District, a body corporate and politic
By: ___________________________
Dawn Rowe
Its: Chair, Board of Supervisors
CITY OF EASTVALE
By: ___________________________
Mark Orme
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7 City Manager
ATTEST:
By: ___________________________
Marc Donohue
City Clerk
APPROVED AS TO FORM:
By: _______________________________
Erica Vega
City Attorney
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8 EXHIBIT “1”
EASEMENT DEED
(PUBLIC STREET AND BRIDGE)
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9 EXHIBIT “2”
REPLACEMENT ACCESS EASEMENTS
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Recording Requested By: City
of Eastvale
Mail To:
City of Eastvale
12363 Limonite Ave, Ste 910
Eastvale, CA 91752
Record without fee subject to Gov’t
Code 6103 and 27383
Project: Cucamonga Creek
System No.: 1.301
Parcel No.: 60__
EASEMENT DEED
(Public Street and Bridge)
D.P. No.: 1.300 / __
APN: (Riverside Co)
Date: July 25, 2023
Dept. Code: 11600
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, hereinafter referred to as “Grantor”, does hereby grant to CITY of EASTVALE, a municipal corporation, hereinafter referred to as “Grantee”, a non-exclusive aerial easement for an elevated public street, highway, road and/or bridge structure and a non-exclusive surface easement for supporting banks, piers, footings, and any other necessary appurtenances such as culverts, slopes, embankments, curbs and sidewalks and utilities for the construction, operation, repair, and maintenance of such structure and appurtenances located on a certain portion (“Easement Property”) of Grantor’s real property (“Fee Property”) situated in the County of San Bernardino, State of California and more particularly described in Exhibit “A”, Legal Description attached hereto and made a part hereof, and shown on Exhibit “B”, Plat, attached hereto and made a part hereof.
This easement is granted subject to all permits, agreements, licenses, leases, easements, reservations, restrictions, terms, conditions, covenants, encumbrances, liens and claims of title which may affect said Easement Property. The use of the word “grant” herein shall not imply any warranty on the part of the Grantor with respect to the Easement Property.
Mail Tax Statement As Directed Above
The undersigned grantor(s) declare(s):
DOCUMENTARY TRANSFER TAX $
computed on full value of property conveyed, or
computed on full value less liens and encumbrances remaining at the time of sale Unincorporated Area City: Eastvale
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This easement is also subject to the following terms, conditions and restrictions:
1. This easement is subject to the Grantor’s right to use the Easement Property, and Grantor reserves to itself and its successors and assigns a continuing right to use and make any improvements to the Easement Property for Grantor’s use, provided that such use does not materially and adversely interfere with Grantee’s use of the Easement Property except as reasonably required by Grantor to perform its flood control duties.
2. Grantor may grant further permits, agreements, licenses, leases, easements, reservations, restrictions, terms, conditions, covenants, encumbrances, liens, or other rights over the Easement Property (or portions thereof) for the benefit of other entities not parties to this grant, provided that such further grants do not materially and adversely interfere with Grantee’s use of the Easement Property , as determined by Grantor in its sole discretion.
3. Prior to commencing the construction or replacement of Grantee’s elevated street, highway, road and/or bridge structure and appurtenances pursuant to this grant, Grantee shall submit all plans for the excavation, construction, installation, removal, and replacement of such improvements to Grantor for Grantor’s review and approval with Grantor to issue to Grantee a permit if such plans are approved in writing by Grantor in Grantor’s sole discretion. Grantee shall not be required to submit plans and/or seek approval or a permit from Grantor to maintain the Easement Property or any elevated street, road, highway, and/or bridge structure within the Easement Property in accordance with Section 7 of this Easement Deed. The existence of Grantee’s elevated street, highway, road and/or bridge structure and necessary appurtenances does not give Grantee any rights to do further work of any type, aside from maintenance, within the Easement Property without first obtaining written consent and any additional permit(s) from Grantor pursuant to the above-stated requirements and conditions. In the event that Grantee is required to submit plans to Grantor in accordance with this section, Grantor shall review and approve or provide comments on the proposed plans within thirty (30) calendar days of submittal. If Grantor fails to approve or provide comments within thirty (30) days of submittal (or resubmittal of Grantor previously provided comments on a prior submission), the plans shall be deemed disapproved by the Grantor.
4. Grantee shall be responsible for securing and maintaining all necessary permits and approvals from other appropriate local, state and federal agencies for its use of the Easement Property , and Grantee shall comply with all applicable laws and regulations concerning the construction of the elevated street, highway, road and/or bridge structure and its use of Easement Property .
5. Any elevated street, highway, road, and/bridge structure and any necessary appurtenances constructed by or on behalf of Grantee on the Easement Property shall be designed to not interfere with or impede Grantor’s conveyance of storm water or Grantor’s flood control improvements, if any, now existing or later installed on the Easement Property by Grantor .
Grantee’s construction of its elevated street, highway, road and/or bridge structure shall be in accordance with the plan approved by Grantor in accordance with paragraph 3 and must further meet all applicable construction standards and applicable laws,
6. Grantee shall not change the existing grade, modify the topography, or impede or diminish the floodwater conveyance capacity of the Easement Property or the Fee Property without prior written consent of Grantor (in Grantor’s sole discretion). 2 673
7. Grantee shall at all times, and at its sole cost and expense, maintain the Easement Property and its elevated street, highway, road and/or bridge structure constructed (or caused to be constructed) by Grantee and/or its agents in good condition and repair, and free of trash, debris weeds and unauthorized uses. Grantee shall perform all necessary maintenance associated with the elevated public street, highway, road and/or bridge structure and any supporting banks, piers, footings, box culverts and appurtenant structures, such as wingwalls, curb and gutter, and sidewalks within the Easement Property in conjunction with the elevated street, highway, road and/or bridge structure, and shall remove graffiti, and any unauthorized uses or encroachments within or on any part of the box culvert structure and its appurtenances, as well as performing all necessary weed abatement work within the Easement Property .
8. Grantor shall at all times have free and clear access through and over the Easement Property (except as temporarily approved by Grantor during periods of Grantee’s construction and/or maintenance).
9. Grantor shall not be required to contribute any part of the costs associated with Grantee’s street, highway, road and/or bridge on the Easement Property and furthermore, if Grantor is included in an assessment district to pay such costs, Grantee shall promptly reimburse Grantor for any assessment therefore levied upon it upon Grantor demand.
10. Grantee agrees to indemnify, defend (with counsel reasonably approved by Grantor) and hold harmless the Grantor, San Bernardino County, and their authorized officers, employees, agents and volunteers (Indemnitees) from any and all claims, actions, losses, damages, and/or liability arising out of this grant of easement from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by Grantor, said County or Indemnitees on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of Grantor, said County or Indemnitees. The Grantee’s indemnification obligation applies to Grantor's, said County's and Indemnitees’ “active” as well as “passive” negligence but does not apply to the Grantor's, said County's or Indemnitees’ “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782.
11. Grantee agrees to comply with the following insurance requirements (for the purpose of this paragraph, Grantor shall be deemed to include San Bernardino County ):
A. Additional Insured - All policies, except for the Workers' Compensation policy, shall contain endorsements naming the Grantor and its officers, employees, agents and volunteers as additional insureds with respect to liabilities arising out of this easement. The additional insured endorsements shall not limit the scope of coverage for the Grantor to vicarious liability but shall allow coverage for the Grantor to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85.
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B. Waiver of Subrogation Rights - Grantee shall require the carriers of required coverages to waive all rights of subrogation against the Grantor , its officers, employees, agents, volunteers, contractors and subcontractors. All general or auto liability insurance coverage provided shall not prohibit Grantee and Grantee's employees or agents from waiving the right of subrogation prior to a loss or claim. Grantee hereby waives all rights of subrogation against the Grantor .
C. Policies Primary and Non-Contributory - All policies required herein are to be primary and noncontributory with any insurance or self-insurance programs carried or administered by the Grantor.
D. Severability of Interests - Grantee agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross-liability exclusions that preclude coverage for suits between Grantee and the Grantor or between the Grantor and any other insured or additional insured under the policy.
E. Proof of Coverage - Grantee shall furnish Certificates of Insurance to Grantor evidencing the insurance coverage, including endorsements, as required, prior to Grantee’s execution of this easement document, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to Grantor , and Grantee shall maintain such insurance throughout the term of the easement. Within fifteen (15) days of the Grantee’s execution of this easement, Grantee shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request.
F. Acceptability of Insurance Carrier - Unless otherwise approved by the San Bernardino County Department of Risk Management (hereinafter “Risk Management”), insurance shall be written by insurers authorized to do business in the State of California and with a minimum "Best" Insurance Guide rating of "A- VII".
G. Deductibles and Self-Insured Retention - Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to and approved by Risk Management.
H. Failure to Procure Coverage - In the event that any policy of insurance required under this easement does not comply with the requirements, is not procured, or is canceled and not replaced, the Grantor has the right but not the obligation or duty to obtain insurance if it deems necessary and any premiums paid by the Grantor will be promptly reimbursed by Grantee .
I. Insurance Review - Insurance requirements are subject to periodic review by the Grantor.
Grantor’s Director of Risk Management or designee is authorized, but not required, to increase, reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or needed, or not needed, to protect the interests of the Grantor . In addition, if Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the Grantor , inflation, or any other item reasonably related to the Grantor's risk. 4 675
J. Any failure, actual or alleged, on the part of the Grantor to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the Grantor .
K. Grantee agrees to provide insurance set forth in accordance with the requirements herein. If Grantee uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, Grantee agrees to amend, supplement or endorse the existing coverage to do so. The type(s) of insurance required is determined by the scope of this easement.
L. Without in any way affecting the indemnity herein provided and in addition thereto, Grantee shall secure and maintain throughout the duration of the easement the following types of insurance with limits as shown:
(1) Workers' Compensation/Employers Liability - A program of Workers' Compensation insurance or a state-approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits covering all persons including volunteers providing services on behalf of Grantee and all risks to such persons under this easement.
If Grantee has no employees, it may certify or warrant to the Grantor that it does not currently have any employees or individuals who are defined as "employees" under the Labor Code and the requirement for Workers' Compensation coverage will be waived by the Grantor's Director of Risk Management.
With respect to Grantees that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers' Compensation insurance. (2) Commercial/General Liability Insurance - Grantee shall carry General Liability Insurance covering all operations performed by or on behalf of Grantee providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include:
(a) Premises operations and mobile equipment.
(b) Products and completed operations.
(c) Broad form property damage (including completed operations). (d) Explosion, collapse and underground hazards.
(e) Personal injury
(f) Contractual liability.
(g) $2,000,000 general aggregate limit.
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(3) Automobile Liability Insurance – Primary insurance coverage shall be written on ISO Business
Auto coverage form for all owned, hired and non-owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence. If Grantee is transporting one or more nonemployee passengers in Grantee’s use of the Easement Property , the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence. If Grantee owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable. (4) Umbrella Liability Insurance - An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a "dropdown" provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability.
If insurance coverage is provided on a "claims made" policy, the "retroactive date" shall be shown and must be before the date the easement was signed by Grantor . The claims made insurance shall be maintained or "tail" coverage provided throughout the duration of the easement and for a minimum of five (5) years after termination of this easement. (5) Subcontractor Insurance Requirements. Grantee agrees to require all parties, including (but not limited to) subcontractors, architects, or others it hires or contracts with related to the excavation, construction, installation, replacement, maintenance and repair, removal, use, or any other work performed by or on behalf of Grantee for the street, highway, road and/or bridge at the Easement Property to provide insurance covering the contracted operation with the same policies and provisions required of Grantee in this easement and with builder’s risk property insurance, providing all risk, including theft coverage for all property and materials to be used for or related to the street, highway, road and/or bridge and said insurance policies shall not have any coinsurance penalty. All policies required under this provision shall include waiver of subrogation rights against Grantor and shall name Grantor as an additional insured. Grantee agrees to monitor and review all such coverage and assumes all responsibility ensuring that such coverage is provided as required herein.
13. In the event of Grantee’ s default of the terms, conditions and/or restrictions set forth herein, Grantor shall give written notice to Grantee of the same. Except in the case of the emergency as determined by Grantor in its sole discretion, Grantee shall have thirty (30) calendar days from the date of the Grantor’s notice to cure the default. If Grantee , within thirty (30) calendar days from the date of the Grantor’s notice to cure the default (except in the case of an emergency as determined by Grantor in its sole discretion), commences the elimination of such default and continuously and diligently proceeds in good faith to eliminate such default, then the period for correction shall be extended for such length of time as is reasonably necessary to complete such correction. In the event Grantee fails to cure the default within the time prescribed herein, Grantor has the right but not the obligation to cure said default at the sole expense of Grantee , or Grantee’s successors and assigns, and without liability to Grantor for loss thereof. Grantee and Grantee’s successors and assigns agree to 6 677
pay Grantor on demand all expenses incurred by Grantor in curing such default of Grantee .
In addition, Grantor may pursue all other remedies available to it at law or in equity and such remedies shall be cumulative.
14. The easement, as well as the terms, conditions and restrictions, created hereby shall constitute covenants running with the land and shall be binding upon and shall benefit all successors and assigns of
Grantor and Grantee respectively.
15. This easement shall be governed by the laws of the State of California.
16. This grant may only be amended by a writing executed by both Grantor and Grantee and recorded in the Official Records of San Bernardino County.
17. If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorneys’ fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorneys’ fees directly arising from a third-party legal action against a party hereto and payable under paragraph 11.
18. If a court of competent jurisdiction declares any provision of this easement invalid, illegal, or otherwise unenforceable, the remaining provisions shall continue in full force and effect, unless the purpose of this easement is frustrated.
IN WITNESS WHEREOF Grantor and Grantee have executed this Easement Deed for street, highway, road and/or bridge purposes on the day and year written below and have agreed to be bound by the terms and provisions hereof.
GRANTOR :
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
By: _________________________
Name: __________________________
Title: Chair, Board of Supervisors
Date:
7 678
ACCEPTANCE OF TERMS AND CONDITIONS
This is to certify that the interest in real property conveyed by the Easement Deed for an elevated public street, highway, road and/or bridge structure and necessary appurtenances by the SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT to the CITY OF EASTVALE, is accepted by the undersigned officer on behalf of Grantee and Grantee agrees to be bound by the terms and provisions hereof.
GRANTEE :
By:
Name:
Title:
Date:
8 679
Exhibit “A”
Legal Description of Easement Property
9 680
EXHIBIT “A”
PERMANENT STREET AND BRIDGE EASEMENT
LEGAL DESCRIPTION
Sheet 1 of 9
BEING A PERPETUAL, NON-EXCLUSIVE RIGHT-OF-WAY AND A ERIAL EASEMENT
FOR PUBLIC HIGHWAY PURPOSES FOR THE CONSTRUCTION, O PERATION, REPAIR
AND MAINTENANCE OF AN ELEVATED HIGHWAY STRUCTURE, S UPPORTING
BANKS, PIERS, FOOTINGS AND OTHER NECESSARY RELATED FACILITIES UPON,
OVER AND ACROSS THAT PORTION OF SAN BERNARDINO COUN TY FLOOD
CONTROL DISTRICT PROPERTY, SITUATED IN THE CITY OF EASTVALE, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, AS DESCRIBED ON THE FINAL ORDER OF CONDEMNATION NO. 37262, RECORDED APRIL 6, 1946, IN BOOK 738, PAGE 334, OF
OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
TOGETHER WITH THAT PORTION OF THE LAND DESCRIBED IN THAT CERTAIN GRANT DEED RECORDED DECEMBER 10, 1976, AS INSTRUMEN T NO. 190445, OF
OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SITUATED WITHIN A PORTION OF SECTION 27, TOWNSHIP 2 SOUTH, RANGE 7 WEST, PER SECTIONALIZED SURVEY OF THE JURUPA RANCHO PER M AP 9, PAGE 33,
RECORDS OF SAN BERNARDINO COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING (POC) AT A FOUND 1” IRON PIPE TAGGED “LS 5390” ACCEPTED A S THE SOUTHWESTERLY CORNER OF LOT E OF PARCEL MAP NO. 35865, FILED FOR RECORD IN BOOK 240 OF PARCEL MAPS, AT PAGES 90 THROUGH 95, INCLUSIVE, IN
THE OFFICE OF THE RIVERSIDE COUNTY RECORDER, SAID C ORNER BEING THE
INTERSECTION OF THE SOUTHEASTERLY LINE OF SAID LOT E WITH THE CURVED
EASTERLY RIGHT-OF-WAY LINE DESCRIBED IN SAID FINAL ORDER OF
CONDEMNATION, AS SHOWN ON SAID PARCEL MAP BEING THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 8,899.92 FEET, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 81°35'36" WEST;
THENCE NORTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY L INE, BEING THE WESTERLY LINE OF SAID “LOT E”, ALONG THE ARC OF SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 00°03'54", AN ARC DISTAN CE OF 10.11 FEET TO THE POINT OF BEGINNING (POB ) AND A POINT OF NON-TANGENCY;
THENCE LEAVING SAID COMMON LINE ALONG THE FOLLOWING TWENTY-FIVE (25) COURSES:
1) NORTH 73°33'34" WEST, 8.80 FEET;
2) NORTH 72°48'42" WEST, 14.88 FEET;
3) SOUTH 72°27'28" WEST, 1.84 FEET;
4) SOUTH 13°09'11" WEST, 17.72 FEET;
10 681
EXHIBIT “A”
PERMANENT STREET AND BRIDGE EASEMENT
LEGAL DESCRIPTION
Sheet 2 of 9
5) NORTH 76°53'21" WEST, 16.96 FEET;
6) SOUTH 41°48'18" WEST, 24.64 FEET;
7) SOUTH 03°11'42" EAST, 2.00 FEET;
8) SOUTH 41°48'18" WEST, 1.50 FEET;
9) SOUTH 86°48'18" WEST, 2.00 FEET;
10) SOUTH 41°48'18" WEST, 50.43 FEET;
11) SOUTH 48°11'42" EAST, 1.75 FEET;
12) SOUTH 41°48'18" WEST, 5.00 FEET;
13) NORTH 48°11'42" WEST, 1.75 FEET;
14) SOUTH 41°48'18" WEST, 50.43 FEET;
15) SOUTH 03°11'42" EAST, 2.00 FEET;
16) SOUTH 41°48'18" WEST, 1.50 FEET;
17) SOUTH 86°48'18" WEST, 2.00 FEET;
18) SOUTH 41°48'18" WEST, 50.43 FEET;
19) SOUTH 48°11'42" EAST, 1.75 FEET;
20) SOUTH 41°48'18" WEST, 5.00 FEET;
21) NORTH 48°11'42" WEST, 1.75 FEET;
22) SOUTH 41°48'18" WEST, 50.43 FEET;
23) SOUTH 03°11'42" EAST, 2.00 FEET;
24) SOUTH 41°48'18" WEST, 1.50 FEET;
25) SOUTH 86°48'18" WEST, 2.00 FEET;
11 682
EXHIBIT “A”
PERMANENT STREET AND BRIDGE EASEMENT
LEGAL DESCRIPTION
Sheet 3 of 9
THENCE SOUTH 41°48'18" WEST, 29.48 FEET TO THE CURV ED WESTERLY LINE DESCRIBED IN SAID FINAL ORDER OF CONDEMNATION NO. 3 7262 BEING THE
BEGINNING OF A NON-TANGENT CURVE TO THE LEFT, HAVIN G A RADIUS OF 9,099.92 FEET, BEING 200.00 FEET WESTERLY OF AND CO NCENTRIC WITH THE PREVIOUSLY DESCRIBED CURVE HAVING A RADIUS OF 8,899 .92 FEET, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 83°04'52" WEST;
THENCE SOUTHERLY ALONG THE ARC OF SAID CONCENTRIC CURVE, THROUGH A CENTRAL ANGLE OF 00°21'44", AN ARC DISTANCE OF 57.5 1 FEET TO A POINT OF NON-TANGENCY;
THENCE LEAVING SAID CONCENTRIC CURVE, NORTH 82°13'2 7" WEST, 25.93 FEET TO THE SOUTHEASTERLY CORNER OF LOT "A" AS SHOWN ON PARCEL MAP NO. 37635, FILED IN BOOK 253 OF PARCEL MAPS, AT PAGES 38 THROUGH 42, INCLUSIVE, IN THE OFFICE OF SAID COUNTY RECORDER, THE EASTERLY LINE OF SAID LOT "A"
BEING COINCIDENT WITH THE WESTERLY RIGHT-OF-WAY LIN E OF CUCAMONGA
CHANNEL AS DESCRIBED IN SAID GRANT DEED AND AS SHOW N ON SAID PARCEL MAP;
THENCE NORTH 07°11’06” EAST, 53.28 FEET TO THE BEGI NNING OF A NON- TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 5,49 8.39 FEET, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 83°09'24" WEST;
THENCE ALONG THE ARC OF SAID NON-TANGENT CURVE THRO UGH A CENTRAL ANGLE OF 01°33'43", AN ARC DISTANCE OF 149.90 FEET TO A POINT OF NON- TANGENCY;
THENCE LEAVING SAID WESTERLY LINE AND ALONG THE FOL LOWING TWENTY- THREE (23) COURSES:
1) NORTH 81°23'00" EAST, 25.88 FEET;
2) NORTH 41°41'47" EAST, 33.66 FEET;
3) NORTH 03°11'42" WEST, 2.00 FEET;
4) NORTH 41°48'18" EAST, 1.50 FEET;
5) NORTH 86°48'18" EAST, 2.00 FEET;
6) NORTH 41°48'18" EAST, 52.73 FEET;
7) NORTH 48°11'42" WEST, 1.75 FEET;
8) NORTH 41°48'18" EAST, 5.00 FEET;
12 683
EXHIBIT “A”
PERMANENT STREET AND BRIDGE EASEMENT
LEGAL DESCRIPTION
Sheet 4 of 9
9) SOUTH 48°11'42" EAST, 1.75 FEET;
10) NORTH 41°48'18" EAST, 52.73 FEET;
11) NORTH 03°11'42" WEST, 2.00 FEET;
12) NORTH 41°48'18" EAST, 1.50 FEET;
13) NORTH 86°48'18" EAST, 2.00 FEET;
14) NORTH 41°48'18" EAST, 52.73 FEET;
15) NORTH 48°11'42" WEST, 1.75 FEET;
16) NORTH 41°48'18" EAST, 5.00 FEET;
17) SOUTH 48°11'42" EAST, 1.75 FEET;
18) NORTH 41°48'18" EAST, 52.73 FEET;
19) NORTH 03°11'42" WEST, 2.00 FEET;
20) NORTH 41°48'18" EAST, 1.50 FEET;
21) NORTH 86°48'18" EAST, 2.00 FEET;
22) NORTH 41°48'18" EAST, 27.81 FEET;
23) NORTH 15°56'52" EAST, 61.17 FEET;
THENCE SOUTH 82°13'27" EAST, 31.28 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 187.86 FEET, A RADIAL LINE TO SAID BEGINNING BEARS OF SOUTH 48°30'55" EAST;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID NON-TANG ENT CURVE THROUGH A CENTRAL ANGLE OF 00°20'52", AN ARC DISTAN CE OF 1.14 FEET TO A
POINT ON THE EASTERLY LINE AS DESCRIBED IN SAID FIN AL ORDER OF CONDEMNATION NO. 37262, THE WESTERLY LINE OF SAID “LOT E”, BEING A POINT
OF NON-TANGENCY ON THE NORTHERLY PROLONGATION OF TH E PREVIOUSLY DESCRIBED CURVE HAVING A RADIUS OF 8,899.92 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 80°08'34" WEST;
13 684
EXHIBIT “A”
PERMANENT STREET AND BRIDGE EASEMENT
LEGAL DESCRIPTION
Sheet 5 of 9
THENCE SOUTHERLY ALONG SAID COMMON LINE AND SAID NO N-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 01°23'07", AN ARC DISTANCE OF 215.19 FEET TO THE POINT OF BEGINNING (POB) .
CONTAINING 38,725 SQUARE FEET OR 0.89 ACRES, MORE OR LESS.
BASIS OF BEARINGS: BEARINGS SHOWN HEREON ARE BASED ON A LINE MEASURED AS NORTH 16°26'56” EAST BETWEEN CONTINUOUS LY, OPERATING REPORTING STATIONS (CORS) “CNPP” AND “EWPP” (CCS83, ZONE 6 EPOCH 2010.00) AS SHOWN ON SAID PARCEL MAP. GROUND DISTANCES DESCR IBED OR SHOWN
ARE IN US SURVEY FEET, MULTIPLY GROUND DISTANCES BY COMBINED FACTOR OF 0.9999910120 TO OBTAIN GRID DISTANCES.
THIS REAL PROPERTY DESCRIPTION AND ACCOMPANIED EXHI BIT “B” HAS BEEN PREPARED AT MARK THOMAS & COMPANY, INC., BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.
BYRON J. CAZAR, LS. 9337 DATE
12/ 20 /2022
14 685
Exhibit “B”
Plat of Easement Property
15 686
SHEET 6 OF 9
SCALE1" = 500'250 10005000 Feet
VICINITY MAPNOT TO SCALE
PROJECT SITE
EXHIBIT "B" PLATPERMANENT STREET AND BRIDGE EASEMENT
POC
CITY OF EASTVALE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA 16 687
SHEET 7 OF 9
SCALE1" = 80'40 160800 Feet
POB
POC
EXHIBIT "B" PLATPERMANENT STREET AND BRIDGE EASEMENT
CITY OF EASTVALE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA 17 688
SHEET 8 OF 9
EXHIBIT "B" PLATPERMANENT STREET AND BRIDGE EASEMENT
CITY OF EASTVALE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA 18 689
SHEET 9 OF 9
EXHIBIT "B" PLATPERMANENT STREET AND BRIDGE EASEMENT
CITY OF EASTVALE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA 19 690
2.5%1.8%
2.5%
1.9%
1.8%6%6%3.5%2.5%
9%2%
0.5%
1.7%
30'
26'
30'
31'39'
28'
40' 35'40'
26'
46'
35'
XX'X%
ACCESS EASEMENT AREA
AREA OF PROPOSEDIMPROVEMENTS WITHINSBCFCD ROW TO CONNECTEXISTING ACCESS ROADDIMENSIONSTREET GRADEDIRECTION OF STORMWATER FLOW
APPROXIMATE CATCHBASIN (CB) LOCATIONCBOR
CB
CB
PAVEMENT SECTIONS. SEE SHEET2 FOR SECTION INFORMATION.
EXISTING ACCESS ROAD
STREET AND BRIDGEEASEMENTEXISTING R/WPROPOSED R/WEXISTING SAN BERNARDINOCOUNTY FLOOD CONTROL R/WACCESS ROADAPNPROPERTY OWNERACCESS EASEMENT(SF)STREET AND BRIDGEEASEMENT (SF)144-010-084TRANSWESTERNDEVELOPMENT15,300- 144-010-085TRANSWESTERNDEVELOPMENT8,400- LIMONITEAVENUE144-010-010SBCFCD-38,708144-010-091HOMESTEADDEVELOPMENT13,400- A P N: 144-010-084
A P N: 144-010-085
A P N: 144-010-091
691
CORRECTIVE APPRAISAL REVIEW REPORT 23- 15CR: LIMONITE GAP CLOSURE PROJECT (FCSUR 2022-0004) / RESD 3800 4356 (CITY OF EASTVALE EASEMENT)
May 24, 2023 909-361-8976
Brenda Fusco, MAI, R/W-AC, Real Property Agent III
Real Estate Services Department
Brandon J. Ocasio, Real Estate Manager
Real Estate Services Department
The City of Eastvale (City) proposes to extend Limonite Avenue over the Cucamonga Channel south and east of the Riverside and San Bernardino County line. The proposed acquisition is the final portion required to connect Kimball Avenue from the west to Limonite Avenue to the east. A 38,725 square foot permanent street and bridge easement is required across the San Bernardino County Flood Control District’s (District) Cucamonga Channel system. The City has provided an appraisal report, dated September 29 , 2022, in the amount of $1, 326,000 for the easement interests.
On February 2, 2023, the District requested that RESD review the (draft) appraisal submitted by the City. The RESD requested and the City provided the final appraisal on May 8, 2023. County Policy 12-17 requires the District receive fair market value for dispositions.
Based on the analysis in the following corrective review, the $1,326,000 appraisal is not fully supported and compensation for the proposed easement can be reduced to $677,688.
Please note the following assumptions and conditions; their use may affect the conclusions:
The easement language in the grant of easement may or may not be consistent with the District’s standard easement language. It is assumed that the District can accommodate the proposed easement in substantially the same terms as proposed, with the District retaining use of the area for access, flood control, and water conservation purposes.
The appraisal was based on an easement size of 38,708 square feet, which is slightly different from the final approved easement size of 38,725 square feet. This corrective review will include a correction in the concluded value for this size discrepancy.
In addition to correcting for the size discrepancy, this corrective review analyzes updated sales for the sales comparison approach that are closer in proximity to the subject property, however, still utilizes essentially the same Across the Fence valuation methodology.
The appraisal valued the easement at different rates for the bridge and footing areas. It is unknown how these areas were calculated. As the acquisition is a single easement with the same rights being obtained throughout the entire area, this corrective review values the acquisition area at a single rate.
692
INTEROFFICE MEMO
CORRECTIVE APPRAISAL REVIEW REPORT 23-15CR LIMONITE GAP CLOSURE PROJECT (FCSUR 2022-0004) / RESD 3800 4356 (CITY OF EASTVALE EASEMENT) MAY 24, 2023