1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
File No.: 2.EV.22-24, 2.EV.23-24
SUPPLEMENTAL AGREEMENT FOR THE USE OF
2024-2025 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
This Supplemental Agreement (“Agreement”) is entered into by and between the COUNTY OF RIVERSIDE, a political subdivision of the State of California, herein called, "COUNTY," and the CITY OF EASTVALE, a political subdivision of the State of California, herein called "CITY." COUNTY and CITY are collectively referred to as “Parties” and individually as “Party.” The COUNTY and CITY mutually agree as follows:
1. GENERAL. COUNTY and CITY have executed a Cooperation Agreement, dated July 24, 2023 (“Cooperation Agreement”), whereby CITY elected to participate with COUNTY, which has qualified as an "Urban County" for purposes of receiving Community Development Block Grant (CDBG) funds (“CDBG”), and to assist and undertake essential community development and housing assistance activities pursuant to the Housing and Community Development Act of 1974, Title 1, as amended, Public Law 93-383 hereinafter referred to as "Act." Said Cooperation Agreement, dated July 24, 2023, is incorporated herein by reference, and made a part of this Agreement as if each and every provision was set forth herein.
2. PURPOSE. CITY has been allocated $158,629 in CDBG Entitlement funds for the 2024- 2025 CDBG program year. CITY promises and agrees to undertake and assist with the community development activities, within its jurisdiction, by utilizing the sum of $158,629 CDBG Entitlement Funds, as specifically identified in Exhibit(s) A, and B, attached hereto, and are incorporated herein by this reference, for the following project(s) (collectively, the “Projects”):
A) 2.EV.22-24 YMCA Senior Health and Wellness Program, $15,000.
B) 2.EV.23-24 City of Eastvale Home Enhancement Program, $143,629.
3. TERM OF AGREEMENT . The term of this Agreement for the implementation of the Project(s) shall be for a period of one (1) year from July 1, 2024, to termination on June 30, 2025.
4. COMPLETION SCHEDULE. CITY shall proceed consistent with the completion schedule set forth in Exhibit(s) A, and B, attached hereto and incorporated herein. 225
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
5. EXTENSION OF TIME. In the event the Project(s) are not substantially completed by the time set forth in the applicable completion schedule(s) due to a force majeure event (See Section 40 below), the COUNTY may consider extending the schedule for the completion of the project(s). Times of performance for other activities may also be extended in writing by COUNTY. If substantial progress toward completion in conformance with the completion s chedule, as determined by COUNTY in its discretion, of the project(s) not made during the term of this Supplemental Agreement, COUNTY may suspend or terminate this Supplemental Agreement pursuant to the termination procedures set forth in the section titled "Termination," and the entitlement funds associated with the Project(s) may be reprogrammed by the COUNTY after appropriate notice is provided to the City.
6. LETTER TO PROCEED . CITY shall not initiate nor incur expenses for the CDBG - funded Projects or activities covered under the terms of this Supplemental Agreement as set forth in Exhibit(s) A, and B, attached hereto, prior to receiving written authorization from COUNTY to proceed.
7. NOTICES. Each notice, request, demand, consent, approval or other communication (hereinafter in this Section referred to collectively as “notices” and referred to singly as a “notice”) which the CITY or COUNTY is required or permitted to give to the other party p ursuant to this Agreement shall be in writing and shall be deemed to have been duly and sufficiently given if: (a) personally delivered with proof of delivery thereof (any notice so delivered shall be deemed to have been received at the time so d elivered); or (b) sent by Federal Express (or other similar national overnight courier) designating early morning delivery (any notice so delivered shall be deemed to have been received on the next Business Day following receipt by the courier); or (c) sent by United States registered or certified mail, return receipt requested, postage prepaid, at a post office regularly maintained by the United States Postal Service (any notice so sent shall be deemed to have been received two days after mailing in the United States), addressed to the respective parties as follows:
COUNTY CITY
Heidi Marshall, Director Mark Orme, City Manager
Riverside County HWS City of Eastvale
P.O. Box 1528 12363 Limonite Avenue, Suite 910
Riverside, CA 92502 Eastvale, CA 91752
226
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
8. DISBURSEMENT OF FUNDS.
A. COUNTY's Board of Supervisors shall determine the final disposition and distribution of all funds received by COUNTY under the Act consistent with Sections 2 and 3 of this Supplemental Agreement. COUNTY, through its Department of Housing, and Workforce Solutions, shall make payment of the CDBG funds to CITY as set forth in the attached Exhibit(s) A, and B. It is the CITY’s responsibility to monitor all project activities set forth in the attached Exhibit(s) A and B, and to ensure compliance with applicable federal regulations and the terms of this Supplemental Agreement.
B. CITY shall comply with timely drawdown of CDBG Entitlement funding by expeditiously implementing and completing the COUNTY -approved, CDBG -funded Projects. CITY acknowledges that CITY’s drawdown performance directly impacts the COUNTY’s overall program drawdown rate. If the CITY’s unobligated CDBG fund balance, as of January 31, 202 5, exceeds one hundred and seventy -five percent (175%) of the CITY’s 202 4-2025 CDBG allocation, the COUNTY may, in its sole discretion, take the necessary administrative actions t o reduce the CITY’s CDBG fund balance. Necessary actions include, but are not limited to, reprogramming the excess CDBG fund balance to other eligible activities as selected by COUNTY. COUNTY may, in its sole and absolute discretion, authorize CITY in writ ing, prior to January 31, 202 5, to exceed the CDBG fund balance requirement.
C. CITY shall comply with timely drawdown of CDBG funds by submitting monthly requests for reimbursement or other COUNTY approved reimbursement schedules. All disbursements of CDBG funds will be on a reimbursement basis and made within thirty (30) days af ter the COUNTY has received the CITY’s reimbursement request including documentation supporting expenditures.
D. All authorized obligations incurred in the performance of the Supplemental Agreement for projects eligible under the following CDBG regulations must be reported in writing to COUNTY no later than June 1, 2025:
1. Acquisition [24 Code of Federal Regulations (CFR) 570.201 (a)]
2. Clearance Activities [24 CFR 570.201 (d)]
3. Interim Assistance [24 CFR 570.201 (f)]
4. Code Enforcement [24 CFR 570.202 (c)]
227
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
All public service activities [24 CFR 570.201 (e)] and other eligible activities under this Supplemental Agreement must be implemented, completed, and obligations reported in writing to the COUNTY by the CITY no later than the completion schedules set forth in the attached Exhibits to this Supplemental Agreement. ”CFR” as used herein refers to the Code of Federal Regulations.
9. RECORDS AND INSPECTIONS.
A. CITY shall establish and maintain financial, programmatic, statistical, and other supporting records of its operations and financial activities in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), and 24 CFR Section 570.502 (a), as they relate to the acceptance and use of federal funds under this Agreement. Said records shall be retained for a period of four (4) years from the date that the activity or program funded with the CDBG Grant is closed out by the COUNTY and reported as complete in the Comprehensive Annual Performance and Evaluation Report (CAPER). Exceptions to the four (4) year retention period requirement, pursuant to 2 CFR 200.333 include, but not limited to, the following:
i. if any litigation, claim, or audit is started prior to the expiration of the four (4) year period;
ii. when the CITY is notified in writing by the COUNTY, HUD, or other Federal agency to extend the retention period;
iii. records for real property and equipment acquired with CDBG funds must be retained for four (4) years after final disposition; iv. when the records are transferred by the CITY to the COUNTY, HUD, or other Federal agency, the four (4) year period is not applicable.
B. CITY shall obtain an external audit in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Section 200.500). Audits shall usually be performed annually but not less frequently than every two years. Nonprofit institutions and government agencies that expend less than $ 750,000 a year in Federal awards are exempt from Federal audit requirements, but records must be available for review by appropriate officials of the Federal grantor agen cy or subgranting entity. The audit report shall be submitted to the COUNTY within 180 days after the end of the COUNTY'S fiscal year. 228
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
C. CITY shall maintain a separate account for the CITY’S CDBG Entitlement funds received as set forth in Exhibit(s) A, and B attached hereto.
D. Pursuant to 2 CFR 200.336, CITY shall, during the normal business hours, make available to COUNTY, the U.S. Department of Housing and Urban Development (HUD), or other authorized representative, for the examination and copying, all of its records and other materials with respect to matters covered by this Agreement and provide reasonable access to CITY staff for the purpose of interview and discussion related to the records and documents.
E. CITY shall not retain any program income as defined in 24 CFR 570.500. Said program income shall be used only for the activities that are the subject of this Agreement. Further, all provisions of this Agreement shall apply to such activities.
F. The CITY shall ensure that at least fifty -one percent (51%) of the persons benefiting from all CDBG-funded activities or projects designated as serving limited clientele [24 CFR 570.208(a)(2)(i)] are of low and moderate-income and meet the applicable household income guidelines.
The CITY shall provide the required income certification and direct benefit documentation, in writing, to the COUNTY pursuant to the reporting requirement of each activity as set forth in Exhibit(s) A, and B, attached hereto. In the event that CITY engages the services of a sub-contractor to implement CDBG- funded activities, the CITY must collect, in writing, all required income certification and direct benefit documentation from subcontractors prior to submittal to the COUNTY pur suant to the reporting requirement of each activity as set forth in Exhibit(s) A, and B, attached hereto.
10. COMPLIANCE WITH LAWS. CITY shall comply with all applicable federal, state, and local laws, regulations, and ordinances and any amendments thereto and the federal regulations and guidelines now or hereafter enacted pursuant to the Act. More particularly, CITY is to comply with those regulations found in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), and 24 CFR Part 570 . CITY is to abide by the provisions of the Community Development Block Grant Manual, prepared by COUNTY and cited in the above-mentioned Cooperation Agreement. CITY shall comply, if applicable, with Section 3 of the Housing & Urban Development Act of 1968 (12 U.S.C.A. Section 1701u), as amended, a copy of which is attached hereto as Exhibit “S”, and incorporated herein by this reference. CITY shall adhere to the regulations as set forth in Exhibit “R”, attached hereto and incorporated herein by this reference, 229
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
pertaining to inherently religious activities. CITY shall comply with the Additional Federal Requirements, if applicable, attached hereto as Exhibit “AFR”, and incorporated herein by this reference.
11. COOPERATION WITH HOUSING ACTIVITIES . CITY shall cooperate with COUNTY in undertaking essential community development and housing assistance activities, specifically urban renewal and public assistance housing, and shall assist COUNTY in implementing and undertaking the goals and strategies identified in the 2024-2029 Five Year Consolidated Plan, pursuant to 24 CFR Part 91 and other requirements of the Community Development Block Grant Program.
12. LEAD AGENCY FOR COMPLIANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) . Pursuant to Title 14 CCR Section 1501(d), the CITY is designated as the lead agency for the project s that are the subject matter of this Supplemental Agreement.
13. HOLD HARMLESS AND INDEMNIFICATION. In contemplation of the provisions of Section 895.2 of the California Government Code imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement as defined by Section 895 of the Code, the Parties hereto, pursuant to the authorization contained in Section 895.4 and 895.6 of the Code, agree that each Party shall be liable for any damages including, but not limited to, claims, demands, losses, liabilities, costs and expenses including reasonable attorneys ’ fees, resulting from the negligent or wrongful acts or omissions of their employees or agents in the performance of this Agreement, and each Party shall indemnify, defend and hold harmless the other Parties from such claims, demands, damages, losses or liabilities for their negligence.
The hold harmless and indemnification obligations set forth herein shall survive the termination and expiration of this Agreement. In the event there is conflict between this clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve the CITY from indemnifying the Indemnitees to the fullest extent allowed by law.
14. INSURANCE. Without limiting or diminishing the CITY’s obligation to indemnify or hold the COUNTY harmless, CITY shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage’s during the term of this Agreement. As respects to the 230
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
insurance section only, the COUNTY herein refers to the County of Riverside, its Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board of COUNTY OF RIVERSIDE Supervisors, employees, elected or appointed officials, agents, or representatives as Additional Insureds
a. Workers’ Compensation:
If the CITY has employees as defined by the State of California, the CITY shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers’ Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per perso n per accident. The policy shall be endorsed to waive subrogation in favor of the County of Riverside.
b. Commercial General Liability:
Commercial General Liability insurance coverage, including but not limited to, premises liability, contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of CITY’S performance of its obligations hereunder. Policy shall name the County of Riverside as Additional Insured. Policy’s limit of liability shall not be less than $ 2,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. b.1 Sexual Abuse or Molestation (SAM) Liability:
If the work will include contact with minors, and the Commercial General Liability policy is not endorsed to include affirmative coverage for sexual abuse or molestation, Vendor/Contractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $2,000,000 per occurrence or claim.
c. Vehicle Liability:
If vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then CITY shall maintain liability insurance for all owned, non -owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combin ed single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) 231
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
times the occurrence limit. Policy shall name the County of Riverside as Additional Insured. d. General Insurance Provisions - All lines:
(i). Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A M BEST rating of not less than A: VIII (A:8) unless such requirements are waived, in writing, by the County Risk Manager. If the County’s Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term.
(ii). The CITY must declare its insurance self-insured retentions. If such self- insured retentions exceed $500,000 per occurrence such retentions shall have the prior written consent of the County Risk Manager before the commencement of operations under t his Agreement. Upon notification of self-insured retention unacceptable to the COUNTY, and at the election of the Country’s Risk Manager, CITY’S carriers shall either; 1) reduce or eliminate such self-insured retention as respects this Agreement with the COUNTY, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. (iii). CITY shall cause CITY’S insurance carrier(s) to furnish the County of Riverside with either 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, and 2) if requested to d o so orally or in writing by the County Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and pol icies of insurance shall contain the covenant of the insurance carrier(s) that thirty (30) days written notice shall be given to the County of Riverside prior to any material modification, cancellation, expiration or reduction in coverage of such insurance . In the event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and the insurance required herein is in full force and effect. CITY shall not commence operations until the 232
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
COUNTY has been furnished original Certificate (s) of Insurance and certified original copies of endorsements and if requested, certified original policies of insurance including all endorsements and any and all other attachments as required in this Sectio n. An individual authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the Certificate of Insurance.
(iv). It is understood and agreed to by the parties hereto that the CITY’S insurance shall be construed as primary insurance, and the COUNTY'S insurance and/or deductibles and/or self-insured retention’s or self-insured programs shall not be construed as contributory. (v). If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services; or, there is a material change in the equipment to be used in the performance of the scope of or, the term of this Agreement, including any extensions the reof, exceeds five (5) years, the COUNTY reserves the right to adjust the types of insurance required under this Agreement and the monetary limits of liability for the insurance coverage’s currently required herein, if; in the County Risk Manager's reasonable judgment, the amount or type of insurance carried by the CITY has become inadequate.
(vi). CITY shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement.
(vii). The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance acceptable to the COUNTY. (viii). CITY agrees to notify COUNTY of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.
15. INDEPENDENT CONTRACTOR . The CITY is, for purposes relating to this Supplemental Agreement, an independent contracto r and shall not be deemed an employee of the COUNTY. It is expressly understood and agreed that the CITY (including its employees, agents and subcontractor’s) shall in no event be entitled to any benefits to which the COUNTY employees are entitled, including but not limited to overtime, any retirement benefits, worker's compensation benefits, and injury leave or other leave benefits. There shall be no employer-employee relationship between the parties; and the CITY shall hold the COUNTY harmless from any and all claims that may be made 233
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
against the COUNTY based upon any contention by a third party that an employer-employee relationship exists by reason of this Supplemental Agreement. It is further understood and agreed by the parties that the CITY in the performance of this Supplemental Agreement is subject to the control or direction of the COUNTY merely as to the results to be accomplished and not as to the means and methods for accomplishing the results.
16. NONDISCRIMINATION. CITY shall abide by 24 CFR Sections 570.601 and 570.602 of Title 24 of the Code of Federal Regulations which requires that no person in the United States shall on the grounds of race, color, national origin, sex, sexual orientation, gender identity, or veterans status be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with Community Development funds.
CITY shall abide by and include in any subcontracts to perform work under this Supplemental Agreement, the following clause:
"During the performance of this Supplemental Agreement, CITY and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical disability, medical condition, marital status, veterans status, sexual orientation, gender identity, age (over 40) or sex. CITY and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. CITY and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (California Government Code Section 12900 et seq.). The applicable regulations of the Fair Employment and Housing Commission are implementing California Government Code Section 12990 et seq., set forth in Chapter 1 of Division 4.1 of Title 2 of the Califo rnia Administrative Code are incorporated into this Agreement by reference and made a part hereof as if set forth in full. CITY and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement."
17. PROHIBITION AGAINST CONFLICTS OF INTEREST
A. CITY and its assigns, employees, agents, consultants, officers and elected and appointed officials shall become familiar with and shall comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200) and the 234
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
CDBG regulations prohibiting conflicts of interest contained in 24 CFR 570.611.
B. The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds.
C. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.
D. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG -assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG -assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a “covered person” includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency.
E. CITY understands and agrees that no waiver of exception can be granted to the prohibition against conflict of interest except upon written approval of HUD pursuant to 24 CFR 570.611(d). Any request by CITY for an exception shall first be reviewed by COUNTY to determine whether such request is appropriate for submission to HUD in the COUNTY’S sole and absolute discretion. In determining whether such request is appropriat e for submission to HUD, COUNTY will consider the factors listed in 24 CFR 570.611(d)(2).
F. Prior to the distribution of any CDBG funding under this Supplemental Agreement, CITY shall provide COUNTY , in writing, a list of all employees, agents, consultants, officers and elected and appointed officials who are in a position to participate in a decision making process, exercise any functions or responsibilities, or gain inside information with respect to the CDBG activities funded under this Agreement. CITY shall also promptly disclose to COUNTY any potential conflict, including even the appearan ce of conflict that may arise with respect to the CDBG activities funded under this Supplemental Agreement.
235
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
G. Any violation of this Section 17 shall be deemed a material breach of this Supplemental Agreement, and the Supplemental Agreement shall be immediately terminated by the COUNTY.
18. LOBBYING. CITY certifies to the best of its knowledge and belief, that:
a. No federally-appropriated funds have been paid or will be paid, by or on behalf of the CITY, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the m aking of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or m odification of any federal contract, grant, loan, or cooperative agreement.
b. If any funds other than federally-appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the CITY shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c. CITY shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall ce rtify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.
19. TERMINATION.
A. CITY. CITY may not terminate this Agreement except upon express written consent of COUNTY, pursuant to 2 CFR 200.339 (a)(3).
B. COUNTY. Notwithstanding the provisions of Paragraph 1 9a above, COUNTY may suspend or terminate this Supplemental Agreement upon a ten (10) day written notice to CITY of action being taken and the reason for such action including, but not limited to, the following reasons:
(1) In the event CITY fails to perform the covenants herein contained at such times and in such manner as provided in this Supplemental Agreement; and 236
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
(2) In the event there is a conflict with any federal, state or local law, ordinance, regulation or rule rendering any of the provisions of this Supplemental Agreement invalid or untenable; or
(3) In the event the funding from the Department of Housing and Urban Development referred to in Sections 1 and 2 above is terminated or otherwise becomes unavailable.
C. This Agreement may be terminated and/or funding suspended, in whole or in part, for cause in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200.339). Cause shall be based on the failure of the CITY to materially comply with either the terms or conditions of this Agreement. Upon suspension of funding, the CITY agrees not to incur any costs related thereto, or connected with, any area of conflict from which the COUNTY has determined that suspension of funds is necessary. CITY acknowledges that failure to comply with Federal statutes, regulations, or the terms and conditions of this Agreement may be considered by the COUNTY in evaluating future CDBG and non-CDBG funding applications submitted by CITY.
D. Upon suspension or termination of this Supplemental Agreement, CITY shall return any unencumbered funds which it has been provided by COUNTY. In accepting said funds, COUNTY does not waive any claim or cause of action it may have against CITY for breach of this Supplemental Agreement.
E. Reversion of Assets
1. Upon expiration or termination of this Supplemental Agreement, the CITY shall transfer to the COUNTY any CDBG funds on hand at the time of expiration of the Supplemental Agreement as well as any accounts receivable held by CITY which are attributable to the use of CDBG funds awarded pursuant to this Supplemental Agreement.
2. Any real property under the CITY’S control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the CITY in the form of a loan) in excess of $25,000 is either:
(i) Used to meet one of the National Objectives pursuant to 24 CFR 570.208 until five years after expiration of this agreement, or for such longer period of time as determined to be appropriate by the COUNTY; or
237
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
(ii) Not used in accordance with Clause (i) above, in which event the CITY shall pay the COUNTY an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non -CDBG funds for the acquisition o f, or improvement to, the property.
20. PUBLICITY. Any publicity generated by CITY for the Projects funded pursuant to this Supplemental Agreement will make reference to the contribution of the C OUNTY, the Department of Housing, and Workforce Solutions, and the Community Development Block Grant Program in making the project possible.
21. PROGRAM MONITORING AND EVALUATION . CITY and its subcontractors shall be monitored and evaluated in terms of its effectiveness and timely compliance with the provisions of this Supplemental Agreement and the effective and efficient achievement of the CDBG National Objectives as set forth in Exhibit(s)A, and B, attached hereto. Quarterly reports shall be due on the last day of the month immediately following the end of the quarter being reported. The quarterly written reports shall include, but shall not be limited to, the following data elements:
A. Title of program, listing of components, description of activities/operations.
B. The projected goals, indicated numerically, and also the goals achieved (for each report period). In addition, identify by percentage and description, the progress achieved towards meeting the specified goals and identify any problems encountered in meeting goals.
C. If the CDBG-funded activity meets a National Objective under 24 CFR 570.208 (a)(2)(i), CITY will report the following:
1) Total number of direct beneficiaries (clientele served) with median household incomes (MHI) at:
• Above 80% MHI
• Between 50% and 80% MHI (Low-Income)
• Between 30% and 50% MHI (Very Low-Income)
• Less than 30% MHI (Extremely Low-Income)
2) Total number and percent (%) of the clientele served that have household incomes at or below 80% MHI
3) Racial ethnicity of clientele
238
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
4) Number of Female-Headed Households
D. CITY shall report, in writing, and cause its subcontractors to report, in writing, beneficiary statistics monthly to Housing and Workforce Solutions (HWS) on the pre-approved Direct Benefit Form and Self-Certification Form (certifying income, family size, and racial ethnicity) as required by HUD. Updated forms are to be provided to CITY by HWS should HUD implement changes during the term of this Supplemental Agreement. CITY and subcontractors will collect and provide all necessary data required by HUD pertaining to the Specific Outcome Indicators as identified in HUD’s Community Planning and Development (CPD) Outcome Performance Measurement System.
22. PRIOR AUTHORIZATION. CITY shall obtain COUNTY's written approval from HWS prior to implementing the following “high risk” activities funded with CDBG assistance:
A. Construction of public facilities (project plans and specifications); B. Acquisition of real property;
C. Historic Preservation;
D. Relocation; and
F. Economic Development
23. PRIOR COUNTY APPROVAL (CONSTRUCTION ACTIVITIES) . CITY shall obtain COUNTY's written approval, through its HWS, of the project plans , specifications, and construction documents prior to CITY’S construction of same for all projects consisting of CDBG-funded construction activities. The COUNTY neither undertakes nor assumes nor will have any responsibility or duty to CITY or to any third party to review, inspect, supervise, pass judgment upon or inform CITY or any third party of any matter in connection with the development or construction of the improvements, whether regarding the quality, adequacy or suitability of the plans, any labor, service, equipment or material furnished to the property, any person f urnishing the same, or otherwise. CITY and all third parties shall rely upon its or their own judgment regarding such matters, and any review, inspection, supervision, exercise of judgment or information supplied to CITY or to any third party by the COUNTY in connection with such matter is for the public purpose of assisting with a community development and housing activity pursuant to the Act, and neither CITY (except for the purposes set 239
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
forth in this Agreement) nor any third party is entitled to rely thereon. The COUNTY shall not be responsible for any of the work of construction, improvement, or development of the property.
It is the responsibility of CITY, without cost to COUNTY, to ensure that all applicable local jurisdiction land use requirements will permit development of the property and construction of the improvements and the use, operation, and maintenance of such Improvements in accordance with the provisions of this Agreement. Nothing contained herein shall be deemed to entitle Sponsor to any local jurisdiction or County permit or other local jurisdiction or County approval necessary for the development of the Prop erty, or waive any applicable local jurisdiction or County requirements relating thereto. This Agreement does not (a) grant any land use entitlement to CITY, (b) supersede, nullify, or amend any condition which may be imposed by the local jurisdiction in connection with approval of the development described herein, (c) guarantee to CITY or any other party any profits from the development of the Property, or (d) amend any local jurisdiction or County laws, codes or rules.
City agrees and acknowledges that it is the responsibility of City to obtain a legal determination at City’s sole cost and expense, as to whether prevailing wages must be paid during construction of the Project. If the Project is subject to prevailing wage s, then City shall be solely responsible to pay its contractors and subcontractors the required prevailing wage rate. City agrees to indemnify, defend, and hold County harmless from and against any liability arising out of and related to City’s failure to comply with any and all Davis Bacon and or prevailing wage requirements.
24. PRIOR COUNTY APPROVAL ( AQUISITION ACTIVITIES). CITY shall obtain COUNTY's written approval and authorization to proceed , through HWS, of all CDBG-funded real property acquisition activities.
25. REAL PROPERTY ACQUIRED OR PUBLIC FACILITY CONSTRUCTED WITH CDBG FUNDS. When CDBG funds are used, in whole or in part, by CITY to acquire real property or to construct a public facility, CITY will comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Section 200.311); National 240
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
Environmental Policy Act of 1969 (42 U.S.C.A. §4321, et seq.); the California Environmental Quality Act (Cal. Pub. Resources Code §21000, et seq.); the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C.A. §4630, et seq.); and the COUNTY’s Five Year Consolidated Plan. In addition, the following is to occur:
a. Title to the real property shall vest in CITY;
b. The real property will be held by CITY , or the constructed facility will be maintained by the CITY , for a minimum period of five (5) years from the date the CDBG -funded activity is closed-out and reported as complete by the COUNTY through the Comprehensive Annual Performance and Evaluation Report (CAPER);
c. While held by CITY, the real property or the constructed facility is to be used exclusively for the purposes for which acquisition or construction was originally approved by COUNTY;
d. Written approval from COUNTY must be secured if the property or the facility is to be put to an alternate use that is consistent with the COUNTY’S Five-Year Consolidated Plan or the applicable federal regulations governing CDBG funds;
e. Should CITY desire to use the real property or the constructed facility , prior to the completion of the mandatory five-year period, for a purpose not consistent with applicable federal regulations governing CDBG funds or to sell the real property or facility, then:
(1) If CITY desires to retain title, CITY will reimburse COUNTY the amount that represents the percentage of current fair market value that is identical to the percentage that CDBG funds initially comprised of monies paid to acquire the property or construct the facility; or (2) If CITY sells the property or facility or is required to sell the property or facility, CITY shall reimburse COUNTY the amount that represents the percentage of proceeds realized by the sale that is identical to the percentage that CDBG funds initially comprised of monies paid to acquire the property or construct the facility. This percentage amount will be calculated after deducting all actual and reasonable cost of sale from the sale proceeds.
26. ENTIRE AGREEMENT. This Supplemental Agreement, including any attachments or exhibits hereto constitutes the entire Supplemental Agreement of the parties with respect to its subject 241
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
matter and supersedes all prior and contemporaneous representations, proposals, discussions and communications, whether oral or in writing. No oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. Each of th e attachments and exhibits attached hereto is incorporated herein by this reference.
27. SEVERABILITY. Each section, paragraph and provision of this Supplemental Agreement is severable from each other provision, and if any provision or part thereof is declared invalid, the remaining provisions shall remain in full force and effect.
28. EMPLOYMENT OPPORTUNITIES TO BE CAUSED BY PROJECT. CITY agrees to notify in writing, and to cause any subcontractor implementing CDBG -funded Projects to notify , in writing, the Riverside County Workforce Development Center of any and all job openings that are caused by the CDBG-funded Projects under this Supplemental Agreement.
29. MINISTERIAL ACTS. The Director of Housing and Workforce Solutions or designee(s) are authorized to take such ministerial actions as may be necessary or appropriate to implement the terms, provisions, and conditions of this Supplemental Agreement as it may be amended from time-to-time by COUNTY.
30. PROJECT ELIGIBILITY. As to CITY or its claimants, COUNTY shall bear no liability for any later determination by the United States Government, the U.S. Department of Housing and Urban Development, or any other person or entity that CITY is or is not eligible under 24 CFR Part 570 to receive CDBG entitlement funds from the COUNTY.
31. SOURCE OF FUNDING. CITY acknowledges that the source of funding pursuant to this Supplemental Agreement is Community Development Block Grant funds (CFDA 14.218), and the Grant Award Number is B-24-UC-06-0506.
32. ASSIGNMENT. The CITY shall not make any assignment or transfer in any form with respect to this Supplemental Agreement, without prior written approval of the COUNTY.
33. INTERPRETATION AND GOVERNING LAW. This Supplemental Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California. This Supplemental Agreement shall be construed as a whole according to its fair language and commo n meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be 242
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
employed in interpreting this Supplemental Agreement, all parties having been represented by counsel in the negotiation and preparation hereof.
34. WAIVER. Failure by a party to insist upon the strict performance of any of the provisions of this Supplemental Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s rights to insist and demand strict compliance by the other party with the terms of this Supplemental Agreement thereafter.
35. JURISDICTION AND VENUE : Any action at law or in equity arising under this Supplemental Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Supplemental Agreement shall be filed only in the Superior Court of the State of California, located in Riverside, California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court or jurisdiction
36. USE OF PROPERTY. Whenever federal CDBG funds or program income are used, in whole or in part, for the purchase of equipment or personal property, the property shall not be transferred from its originally funded use, by CITY or the CITY’S subcontractor implementing the CDBG -funded activity, for a period of five (5) years from the close-out date of the grant from which CDBG assistance was provided. The CITY shall maintain a current inventory for COUNTY monitoring and review.
37. AUTHORITY TO EXECUTE. The persons executing this Supplemental Agreement or exhibits attached hereto on behalf of the parties to this Supplemental Agreement hereby warrant and represent that they have the authority to execute this Supplemental Agreement and warrant and represent that they have the authority to bind the respective parties to this Supplemental Agreement to the performance of its obligations hereunder.
38. EFFECTIVE DATE. The effective date of this Supplemental Agreement is the date the parties sign the Supplemental Agreement. If the parties sign the Supplemental Agreement on more than one date, then the last date the Supplemental Agreement is signed by a party shall be the effective date.
39. COUNTERPARTS. This Supplemental Agreement may be signed by the different parties hereto in counterparts, each of which shall be an original but all of which together shall constitute one and the same agreement.
40. FORCE MAJEURE.
A. Performance by either party hereunder shall not be deemed to be in default where 243
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
delays or defaults are due to war, insurrection, strikes, lock -outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, epidemics, pandemic, quarantine restrictions, freight embargoes, lack of transportation, governmental restrictions or priority, litigation, unusually severe weather, inability to secure necessary labor, material or tools, delays of any contractor, sub -contractor or supplier, acts of the other party, acts or failure to act of a public or governmental agency or entity, or any causes beyond the control or without the fault of the party claiming an extension of time to perform.
B. An extension of time for any such cause (a “Force Majeure Delay”) shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) calendar days of knowledge of the commencement of the cause. Notwithstanding the foregoing, none of the foregoing events shall constitute a Force Majeure Delay unless and until the party claiming such delay and interference delivers to the other party written notice describing the event, its cause, when and how such party obtained knowledge, the date the event commenced, and the estimated delay resulting therefrom. Any party claiming a Force Majeure Delay shall deliver such written notice within thirty (30) calendar days after it obtains knowledge of the event.
41. MODIFICATION OF AGREEMENT. This Supplemental Agreement may be modified or amended only by a writing signed by the duly authorized and empowered representative of COUNTY and CITY respectively.
42. DIGITAL AND ELECTRONIC SIGNATURES. The parties agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Cal. Civ. Code §§ 1633.1 to 1633.17). The parties further agree that the electronic signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to CUETA as amended from time to time. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied 244
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
upon by the parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.
[Remainder of Page Intentionally Blank]
[Signatures on Following Page]
245
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
IN WITNESS WHEREOF, the COUNTY and the CITY have executed this Agreement as of the dates set forth below.
COUNTY OF RIVERSIDE, CITY OF EASTVALE,
a political subdivision of the A general law city
State of California
BY: ____________________________ BY: _________________________ Juan Garcia, Name:
Deputy Director
Title:
Date: Date:
APPROVED AS TO FORM: ATTEST:
MINH C. TRAN
COUNTY COUNSEL
By: ____________________________ BY: _________________________ Paula S. Salcido, City Clerk
Deputy County Counsel
APPROVED AS TO FORM:
BY: __________________________
City Attorney
246
EXHIBIT "R"
24 C.F.R. § 5.109
Equal participation of faith-based organizations in
HUD programs and activities.
Effective: May 4, 2016
(a) Purpose.
Consistent with Executive Order 13279 (issued on December 12, 2002, 67 FR 77141), entitled “Equal Protection of the Laws for Faith–Based and Community Organizations,” as amended by Executive Order 13559 (issued on November 17, 2010, 75 FR 71319), entitled “Fundamental Principles and Policymaking Criteria for Partnerships With Faith–Based and Other Neighborhood Organizations,”, and further amended by Executive Order 13831 (issued on May 3, 2018, 83 FR 20715) entitled “Establishment of a White House Faith and Opportunity Initiative,” this section describes requirements for ensuring the equal participation of faith -based organizations in HUD programs and activities. These requirements apply to all HUD programs and activities, including all of HUD’s Native American Programs, except as may be otherwise noted in the respective program regulations in title 24 of the Code of Federal Regulations (CFR), or unless inconsistent with certain HUD program authorizing statutes.
b) Definitions. The following definitions apply to this section:
Direct Federal financial assistance means Federal financial assistance provided when a Federal Government agency or an intermediary, as defined in this section, selects the provider and either purchases services from that provider (i.e., via a contract) or awards funds to that provider to carry out an activity (e.g., via grant, sub -grant, sub-award, or cooperative agreement). The recipients of sub -grants or sub-awards that receive Federal financial assistance through State-administered programs (e.g., flow-through programs) are considered recipients of direct Federal financial assistance. In general, Federal financial assistance shall be treated as direct, unless it meets the definition of indirect Federal financial assistance.
Federal financial assistance means assistance that non–Federal entities receive or administer in the forms of grants, contracts, loans, loan guarantees, property, cooperative agreements, food commodities, direct appropriations, or other assistance, but does not include a tax credit, deduction, or exemption.
Indirect Federal financial assistance means Federal financial assistance provided when the choice of the provider is placed in the hands of the beneficiary, and the cost of that service is paid through a voucher, certificate, or other similar means of Gove rnment-funded payment. Federal financial assistance provided to an organization is considered indirect when the Government program through which the beneficiary receives the voucher, certificate, or other similar means of Government -funded payment is neutral toward religion meaning that it is available to providers without regard to the religious or non -religious nature of the institution and there are no program incentives that deliberately skew for or against religious or secular providers; and the organization receives the assistance as a result of a genuine, independent choice of the beneficiary.
Intermediary means an entity, including a nongovernmental organization, acting under a contract, grant, or other agreement with the Federal Government or with a State, tribal or local government that accepts Federal financial assistance and distributes that assistance to other entities that, in turn, carry out activities under HUD programs.
(c) Equal participation of faith-based organizations in HUD programs and activities.
247
Faith-based organizations are eligible, on the same basis as any other organization, to participate in any HUD program or activity, considering any permissible accommodations, particulary under the Religious Freedome Restoration Act. Neither the Federal Government, nor a State, tribal or local government, nor any other entity that administers any HUD program or activity, shall discriminate against an organization on the basis of the organization’s religious character, affiliation, or lack thereof, or on the basis of the organization’s religious exercise. For purposes of this part, to discriminate against an organization on the basis of the organization’s religious exercise means to disfavor an organization, including by failing to select an organization, disqualifying an organization, or imposing any condition or selection criterion that otherwise disfavors or penalizes an organization in the selection process or has such an effect:
(1) Because of conduct that would not be considered grounds to disfavor a secular organization; (2) Because of conduct that must or could be granted an appropriate accommodation in a manner consistent with RFRA (42 U.S.C. 2000bb through 2000bb-4) or the Religion Clauses of the First Amendment to the Constitution; or
(3) Because of the actual or suspected religious motivation of the organization's religious exercise. (4) In addition, decisions about awards of Federal financial assistance must be free from political interference or even the appearance of such interference and must be made on the basis of merit, not based on the organization's religious character, affiliation, or lack thereof, or based on the organization's religious exercise. Notices of funding availability, grant agreements, and cooperative agreements shall include language substantially similar to that in appendix A to this subpart, where faith-based organizations are eligible for such opportunities.
(d) Independence and identity of faith-based organizations.
(1) A faith -based organization that applies for, or participates in, a HUD program or activity supported with Federal financial assistance retains its autonomy, right of expression, religious character, authority over its governance, and independence, and may continue to carry out its mission, including the definition, development, practice, and expression of its religious beliefs. A faith -based organization that receives Federal financial assistance from HUD does not lose the protections of law.
(2) A faith -based organization that receives direct Federal financial assistance may use space (including a sanctuary, chapel, prayer hall, or other space) in its facilities (including a temple, synagogue, church, mosque, or other place of worship) to carr y out activities under a HUD program without concealing, altering, or removing religious art, icons, scriptures, or other religious symbols. In addition, a faith -based organization participating in a HUD program or activity retains its authority over its internal governance, and may retain religious terms in its organization’s name, select its board members and employees on the basis of their acceptance of or adherence to the religious tenets of the organization consistent with paragraph (i) of this section ), and include religious references in its organization’s mission statements and other governing documents.
(e) Explicitly religious activities.
If an organization engages in explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization), the explicitly religious activities must be offered separately, in time or location, from the programs or activities supported by direct Federal financial assistance and participation must be voluntary for the beneficiaries of the programs or activities that receive direct Federal financial assistance. The use of indirect Federa l financial assistance is not subject to this restriction. Nothing in this part restricts HUD’s authority under applicable Federal law to fund activities, that can be directly funded by the Government consistent with the Establishment Clause of the U.S. Constitution.
(f) Intermediary responsibilities to ensure equal participation of faith-based organizations in HUD programs.
If an intermediary - acting under a contract, grant, or other agreement with the Federal Government or with a State, tribal or local government that is administering a program supported by Federal financial assistance - is 248
given the authority to select a nongovernmental organization to receive Federal financial assistance under a contract, grant, sub -grant, sub -award, or cooperative agreement, the intermediary must ensure that such organization complies with the requirements of this section. If the intermediary is a nongovernmental organization, it retains all other rights of a nongovernmental organization under the program’s statutory and regulatory provisions.
(g) Nondiscrimination requirements.
Any organization that receives Federal financial assistance under a HUD program or activity shall not, in providing services with such assistance or carrying out activities with such assistance, discriminate against a beneficiary or prospective beneficiary on the basis of religion, religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice. However, an organization that participates in a program funded by indirect Federal financial assistance need not modify its program or activities to accommodate a beneficiary who chooses to expend the indirect aid on the organization's program and may require attendance at all activities that are fundamental to the program.
(h) No additional assurances from faith-based organizations.
A faith -based organization is not rendered ineligible by its religious nature to access and participate in HUD programs. Absent regulatory or statutory authority, no notice of funding availability, grant agreement, cooperative agreement, covenant, memorandum of understanding, policy, or regulation that is used by HUD or a recipient or intermediary in administering Federal financial assistance from HUD shall require otherwise eligible faith-based organizations to provide assurances or notices where they are not required of similarly situated secular organizations. All organizations that participate in HUD programs or activities, including organizations with religious character or affiliations, must carry out eligible activities in accordance with all program requirements, subject to any required or appropriate accommodation, particularly under the Religious Freedom Restoration Act, and other applicable requirements governing the conduct of HUD-funded activities, including those prohibiting the use of direct financial assistance to engage in explicitly religious activities. No notice of funding availability, grant agreement, cooperative agreement, covenant, memorandum of understanding, policy, o r regulation that is used by HUD or a recipient or intermediary in administering financial assistance from HUD shall disqualify otherwise eligible faith -based organizations from participating in HUD's programs or activities because such organization is motivated or influenced by religious faith to provide such programs and activities, or because of its religious character or affiliation, or on grounds that discriminate against an organization on the basis of the organization's religious exercise, as defined in this part.
(i) Exemption from Title VII employment discrimination requirements.
A religious organization’s exemption from the Federal prohibition on employment discrimination on the basis of religion, set forth in section 702(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–1), is not forfeited when the organization participates in a HUD program. Some HUD programs, however, contain independent statutory provisions that impose certain nondiscrimination requirements on all grantees. Accordingly, grantees should consult with the appropriate HUD program office to determine the scope of applicable requirements.
(j) Acquisition, construction, and rehabilitation of structures.
Direct Federal financial assistance may be used for the acquisition, construction, or rehabilitation of structures only to the extent that those structures are used for conducting eligible activities under a HUD program or activity.
Where a structure is used for both eligible and explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization), direct Federal financial assistance may not exceed the cost of the share of acq uisition, construction, or rehabilitation attributable to eligible activities in accordance with the cost accounting requirements applicable to the HUD program or activity. However, 249
acquisition, construction, or rehabilitation of sanctuaries, chapels, or other rooms that a HUD–funded faith-based organization uses as its principal place of worship, may not be paid with direct Federal financial assistance.
Disposition of real property by a faith-based organization after its use for an authorized purpose, or any change in use of the property from an authorized purpose, is subject to Government-wide regulations governing real property disposition (2 CFR part 200, subpart D) and the HUD program regulations, as directed by HUD.
(k) Commingling of Federal and State, tribal, and local funds.
If a State, tribal, or local government voluntarily contributes its own funds to supplement direct Federal financial assistance for an activity, the State, tribal or local government has the option to segregate those funds or commingle them with the direct Federal financial assistance. However, if the funds are commingled, the requirements of this section apply to all of the commingled funds. Further, if a State, tribal, or local government is required to contribute matching funds to supplement direct Feder al financial assistance for an activity, the matching funds are considered commingled with the direct Federal financial assistance and, therefore, subject to the requirements of this section. Some HUD programs’ requirements govern any activity assisted und er those programs. Accordingly, recipients should consult with the appropriate HUD program office to determine the scope of applicable requirements.
(l) Tax exempt organizations.
In general, HUD does not require that a recipient, including a faith -based organization, obtain tax-exempt status under section 501(c)(3) of the Internal Revenue Code to be eligible for funding under HUD programs. Many grant programs, however, do require an organization to be a nonprofit organization in order to be eligible for funding.
Notices of funding availability that require organizations to have nonprofit status will specifically so indicate in the eligibility section of the notice of funding availability. In addition, if any notice of funding availability requires an organization to maintain tax -exempt status, it will expressly state the statutory authority for requiring such status. Applicants should consult with the appropriate HUD program office to determine the scope of any applicable requirements. In HUD programs in which an applicant must show that it is a nonprofit organization but this is not statutorily defined, the applicant may do so by any of the following means:
(1) Proof that the Internal Revenue Service currently recognizes the applicant as an organization to which contributions are tax deductible under section 501(c)(3) of the Internal Revenue Code; (2) A statement from a State or other governmental taxing body or the State secretary of State certifying that - (i) The organization is a nonprofit organization operating within the State; and (ii) No part of its net earnings may benefit any private shareholder or individual;
(3) A certified copy of the applicant's certificate of incorporation or similar document that clearly establishes the nonprofit status of the applicant;
(4) Any item described in paragraphs (l)(1) through (3) of this section, if that item applies to a State of national parents organization, together with a statement by the State of parent organization that the applicant is a local nonprofit affiliate; or
(5) For an entity that holds a sincerely held religious belief that it cannot apply for a determination as an entity that is tax-exempt under section 501(c)(3) of the Internal Revenue Code, evidence sufficient to establish that the entity would otherwise qualify as a nonprofit organization under paragraphs (l)(1) through (4) of this section.
(m) Rule of construction.
Neither HUD nor any recipient or other intermediary receiving funds under any HUD program or activity shall construe these provisions in such a way as to advantage or disadvantage faith-based organizations affiliated with historic or well-established religions or sects in comparison with other religions or sects.
Credits
250
[69 FR 41717, July 9, 2004; 80 FR 75934, Dec. 7, 2015; 81 FR 19416, April 4, 2016; 85 FR 82315, Dec 17, 2020]
SOURCE: 61 FR 5202, Feb. 9, 1996; 61 FR 9041, March 6, 1996; 61 FR 9537, March 8, 1996; 61 FR 11113, March 18, 1996; 61 FR 13616, March 27, 1996; 61 FR 54498, Oct. 18, 1996; 70 FR 77743, Dec. 30, 2005; 73 FR 72340, Nov. 28, 2008; 75 FR 66258, Oct. 27, 2010; 77 FR 5674, Feb. 3, 2012; 80 FR 42352, July 16, 2015; 81 FR 19416, April 4, 2016; 81 FR 80798, Nov. 16, 2016; 81 FR 90657, Dec. 14, 2016, unless otherwise noted.
AUTHORITY: 12 U.S.C. 1701x; 42 U.S.C. 1437a, 1437c, 1437d, 1437f, 1437n, 3535(d); Sec. 327, Pub.L. 109– 115, 119 Stat. 2936 ; Sec. 607, Pub.L. 109–162, 119 Stat. 3051 (42 U.S.C. 14043e et seq. ); E.O. 13279, 67 FR 77141, 3 CFR, 2002 Comp., p. 258; and E.O. 13559, 75 FR 71319, 3 CFR, 2010 Comp., p. 273.; 29 U.S.C. 794, 42 U.S.C. 1437a , 1437c, 1437c–1(d), 1437d, 1437f, 1437n, 3535(d), and Sec. 327, Pub.L. 109–115, 119 Stat. 2936; 42 U.S.C. 3600–3620; 42 U.S.C. 5304(b); 42 U.S.C. 12101 et seq.; 42 U.S.C. 12704–12708; E.O. 11063, 27 FR 11527, 3 CFR, 1958–1963 Comp., p. 652; E.O. 12892, 59 FR 2939, 3 CFR, 1994 Comp., p. 849.
251
EXHIBIT “S”
Economic Opportunities for Low- and Very Low-Income Persons
CONTRACT REQUIREMENTS
24 CFR Part 75
RIVERSIDE COUNTY
Section 75.1 Purpose
This part establishes the requirements to be followed to ensure the objectives of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) (Section 3) are met. The purpose of Section 3 is to ensure that economic opportunities, most impo rtantly employment, generated by certain HUD financial assistance shall be directed to low - and very low -income persons, particularly those who are recipients of government assistance for housing or residents of the community in which the Federal assistance is spent.
Section 75.3 Applicability
(a) General applicability. Section 3 applies to public housing financial assistance and Section 3 projects, as follows:
(1) Public housing financial assistance. Public housing financial assistance means:
(i) Development assistance provided pursuant to section 5 of the United States Housing Act of 1937 (the 1937 Act);
(ii) Operations and management assistance provided pursuant to section 9(e) of the 1937 Act;
(iii) Development, modernization, and management assistance provided pursuant to section 9(d) of the 1937 Act; and
(iv) The entirety of a mixed -finance development project as described in 24 CFR 905.604, regardless of whether the project is fully or partially assisted with public housing financial assistance as defined in paragraphs (a)(1)(i) through (iii) of this section.
(2) Section 3 projects. (i) Section 3 projects means housing rehabilitation, housing construction, and other public construction projects assisted under HUD programs that provide housing and community development financial assistance when the total amount of assistance to the project exceeds a threshold of $200,000. The threshold is $100,000 where the assistance is from the Lead Hazard Control and Healthy Homes programs, as authorized by Sections 501 or 502 of the Housing and Urban Development Act of 1970 ( 12 U.S.C. 1701z-1 or 1701z-2), the Lead-Based Paint Poisoning Prevention Act (42 U.S.C 4801 et seq.); and the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.). The project is the site or sites together with any building(s) and improvements located on the site(s) that are under common ownership, management, and financing.
252
(ii) The Secretary must update the thresholds provided in paragraph (a)(2)(i) of this section not less than once every 5 years based on a national construction cost inflation factor through Federal Register notice not subject to public comment. When the Secretary finds it is warranted to ensure compliance with Section 3, the Secretary may adjust, regardless of the national construction cost factor, such thresholds through Federal Register notice, subject to public comment.
(iii) The requirements in this part apply to an entire Section 3 project, regardless of whether the project is fully or partially assisted under HUD programs that provide housing and community development financial assistance.
(b) Contracts for materials. Section 3 requirements do not apply to material supply contracts.
(c) Indian and Tribal preferences. Contracts, subcontracts, grants, or subgrants subject to Section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 5307(b)) or subject to tribal preference requirements as authorized under 101(k) o f the Native American Housing Assistance and Self -Determination Act (25 U.S.C. 4111(k)) must provide preferences in employment, training, and business opportunities to Indians and Indian organizations, and are therefore not subject to the requirements of this part.
(d) Other HUD assistance and other Federal assistance. Recipients that are not subject to Section 3 are encouraged to consider ways to support the purpose of Section 3.
Section 75. 5 Definitions.
The terms HUD, Public housing, and Public Housing Agency (PHA) are defined in 24 CFR part
5. The following definitions also apply to this part:
1937 Act means the United States Housing Act of 1937, 42 U.S.C. 1437 et seq.
Contractor means any entity entering into a contract with:
(1) A recipient to perform work in connection with the expenditure of public housing financial assistance or for work in connection with a Section 3 project; or
(2) A subrecipient for work in connection with a Section 3 project.
Labor hours means the number of paid hours worked by persons on a Section 3 project or by persons employed with funds that include public housing financial assistance.
Low-income person means a person as defined in Section 3(b)(2) of the 1937 Act.
Material supply contracts means contracts for the purchase of products and materials, including, but not limited to, lumber, drywall, wiring, concrete, pipes, toilets, sinks, carpets, and office supplies.
Professional services means non -construction services that require an advanced degree or professional licensing, including, but not limited to, contracts for legal services, financial 253
consulting, accounting services, environmental assessment, architectural services, and civil engineering services.
Public housing financial assistance means assistance as defined in §75.3(a)(1).
Public housing project is defined in 24 CFR 905.108.
Recipient means any entity that receives directly from HUD public housing financial assistance or housing and community development assistance that funds Section 3 projects, including, but not limited to, any State, local government, instrumentality, PHA, or other public agency, public or private nonprofit organization.
Section 3 means Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u).
Section 3 business concern means:
(1) A business concern meeting at least one of the following criteria, documented within the last six-month period:
(i) It is at least 51 percent owned and controlled by low- or very low-income persons;
(ii) Over 75 percent of the labor hours performed for the business over the prior three - month period are performed by Section 3 workers; or
(iii) It is a business at least 51 percent owned and controlled by current public housing residents or residents who currently live in Section 8-assisted housing.
(2) The status of a Section 3 business concern shall not be negatively affected by a prior arrest or conviction of its owner(s) or employees.
(3) Nothing in this part shall be construed to require the contracting or subcontracting of a Section 3 business concern. Section 3 business concerns are not exempt from meeting the specifications of the contract.
Section 3 project means a project defined in §75.3(a)(2).
Section 3 worker means:
(1) Any worker who currently fits or when hired within the past five years fit at least one of the following categories, as documented:
(i) The worker's income for the previous or annualized calendar year is below the income limit established by HUD.
(ii) The worker is employed by a Section 3 business concern.
(iii) The worker is a YouthBuild participant.
254
(2) The status of a Section 3 worker shall not be negatively affected by a prior arrest or conviction.
(3) Nothing in this part shall be construed to require the employment of someone who meets this definition of a Section 3 worker. Section 3 workers are not exempt from meeting the qualifications of the position to be filled.
Section 8-assisted housing refers to housing receiving project-based rental assistance or tenant- based assistance under Section 8 of the 1937 Act.
Service area or the neighborhood of the project means an area within one mile of the Section 3 project or, if fewer than 5,000 people live within one mile of a Section 3 project, within a circle centered on the Section 3 project that is sufficient to encompass a population of 5,000 people according to the most recent U.S. Census.
Small PHA means a public housing authority that manages or operates fewer than 250 public housing units.
Subcontractor means any entity that has a contract with a contractor to undertake a portion of the contractor's obligation to perform work in connection with the expenditure of public housing financial assistance or for a Section 3 project.
Subrecipient has the meaning provided in the applicable program regulations or in 2 CFR 200.93.
Targeted Section 3 worker has the meanings provided in §§75.11, 75.21, or 75.29, and does not exclude an individual that has a prior arrest or conviction.
Very low-income person means the definition for this term set forth in section 3(b)(2) of the 1937 Act.
YouthBuild programs refers to YouthBuild programs receiving assistance under the Workforce Innovation and Opportunity Act (29 U.S.C. 3226).
Subpart C—Additional Provisions for Housing and Community Development Financial Assistance
§75.19 Requirements.
(a) Employment and training. (1) To the greatest extent feasible, and consistent with existing Federal, state, and local laws and regulations, recipients covered by this subpart shall ensure that employment and training opportunities arising in connection with Section 3 projects are provided to Section 3 workers within the metropolitan area (or nonmetropolitan county) in which the project is located.
(2) Where feasible, priority for opportunities and training described in paragraph (a)(1) of this section should be given to:
255
(i) Section 3 workers residing within the service area or the neighborhood of the project, and (ii) Participants in YouthBuild programs.
(b) Contracting. (1) To the greatest extent feasible, and consistent with existing Federal, state, and local laws and regulations, recipients covered by this subpart shall ensure contracts for work awarded in connection with Section 3 projects are provided to business concerns that provide economic opportunities to Section 3 workers residing within the metropolitan area (or nonmetropolitan county) in which the project is located.
(2) Where feasible, priority for contracting opportunities described in paragraph (b)(1) of this section should be given to:
(i) Section 3 business concerns that provide economic opportunities to Section 3 workers residing within the service area or the neighborhood of the project, and (ii) YouthBuild programs.
§75.21 Targeted Section 3 worker for housing and community development financial assistance. (a) Targeted Section 3 worker. A Targeted Section 3 worker for housing and community development financial assistance means a Section 3 worker who is:
(1) A worker employed by a Section 3 business concern; or (2) A worker who currently fits or when hired fit at least one of the following categories, as documented within the past five years:
(i) Living within the service area or the neighborhood of the project, as defined in §75.5; or (ii) A YouthBuild participant.
(b) [Reserved]
§75.23 Section 3 safe harbor.
(a) General. Recipients will be considered to have complied with requirements in this part, in the absence of evidence to the contrary if they:
(1) Certify that they have followed the prioritization of effort in §75.19; and (2) Meet or exceed the applicable Section 3 benchmark as described in paragraph (b) of this section.
(b) Establishing benchmarks. (1) HUD will establish Section 3 benchmarks for Section 3 workers or Targeted Section 3 workers or both through a document published in the FEDERAL REGISTER. HUD may establish a single nationwide benchmark for Section 3 workers and a single nationwide 256
benchmark for Targeted Section 3 workers, or may establish multiple benchmarks based on geography, the nature of the Section 3 project, or other variables. HUD will update the benchmarks through a document published in the FEDERAL REGISTER, subject to public comment, not less frequently than once every 3 years. Such notice shall include aggregate data on labor hours and the proportion of recipients meeting benchmarks, as well as other metrics reported pursuant to §75.25 as deemed appropriate by HUD, for the 3 most recent reporting years. (2) In establishing the Section 3 benchmarks, HUD may consider the industry averages for labor hours worked by specific categories of workers or in different localities or regions; averages for labor hours worked by Section 3 workers and Targeted Section 3 workers as reported by recipients pursuant to this section; and any other factors HUD deems important. In establishing the Section 3 benchmarks, HUD will exclude professional services from the total number of labor hours as such hours are excluded from the total number of labor hours to be reported per §75.25(a)(4). (3) Section 3 benchmarks will consist of the following two ratios:
(i) The number of labor hours worked by Section 3 workers divided by the total number of labor hours worked by all workers on a Section 3 project in the recipient's program year. (ii) The number of labor hours worked by Targeted Section 3 workers as defined in §75.21(a), divided by the total number of labor hours worked by all workers on a Section 3 project in the recipient's program year.
§75.25 Reporting.
(a) Reporting of labor hours. (1) For Section 3 projects, recipients must report in a manner prescribed by HUD:
(i) The total number of labor hours worked;
(ii) The total number of labor hours worked by Section 3 workers; and (iii) The total number of labor hours worked by Targeted Section 3 workers. (2) Section 3 workers' and Targeted Section 3 workers' labor hours may be counted for five years from when their status as a Section 3 worker or Targeted Section 3 worker is established pursuant to §75.31.
(3) The labor hours reported under paragraph (a)(1) of this section must include the total number of labor hours worked on a Section 3 project, including labor hours worked by any subrecipients, contractors and subcontractors that the recipient is required, or elects pursuant to paragraph (a)(4) of this section, to report.
(4) Recipients reporting under this section, as well as subrecipients, contractors and subcontractors who report to recipients, may report labor hours by Section 3 workers, under paragraph (a)(1)(ii) of this section, and labor hours by Targeted Section 3 workers, under paragraph (a)(1)(iii) of this section, from professional services without including labor hours from professional services in the 257
total number of labor hours worked under paragraph (a)(1)(i) of this section. If a contract covers both professional services and other work and the recipient or contractor or subcontractor chooses not to report labor hours from professional services, the labor hours under the contract that are not from professional services must still be reported.
(5) Recipients may report their own labor hours or that of a subrecipient, contractor, or subcontractor based on the employer's good faith assessment of the labor hours of a full-time or part- time employee informed by the employer's existing salary or time and attendance based payroll systems, unless the project or activity is otherwise subject to requirements specifying time and attendance reporting.
(b) Additional reporting if Section 3 benchmarks are not met. If the recipient's reporting under paragraph (a) of this section indicates that the recipient has not met the Section 3 benchmarks described in §75.23, the recipient must report in a form prescribed by HUD on the qualitative nature of its activities and those its contractors and subcontractors pursued. Such qualitative efforts may, for example, include but are not limited to the following:
(1) Engaged in outreach efforts to generate job applicants who are Targeted Section 3 workers. (2) Provided training or apprenticeship opportunities.
(3) Provided technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching).
(4) Provided or connected Section 3 workers with assistance in seeking employment including:
drafting resumes, preparing for interviews, and finding job opportunities connecting residents to job placement services.
(5) Held one or more job fairs.
(6) Provided or referred Section 3 workers to services supporting work readiness and retention (e.g., work readiness activities, interview clothing, test fees, transportation, child care). (7) Provided assistance to apply for/or attend community college, a four-year educational institution, or vocational/technical training.
(8) Assisted Section 3 workers to obtain financial literacy training and/or coaching. (9) Engaged in outreach efforts to identify and secure bids from Section 3 business concerns. (10) Provided technical assistance to help Section 3 business concerns understand and bid on contracts.
(11) Divided contracts into smaller jobs to facilitate participation by Section 3 business concerns. (12) Provided bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns.
258
(13) Promoted use of business registries designed to create opportunities for disadvantaged and small businesses.
(14) Outreach, engagement, or referrals with the state one-stop system as defined in Section 121(e)(2) of the Workforce Innovation and Opportunity Act. (c) Reporting frequency. Unless otherwise provided, recipients must report annually to HUD under paragraph (a) of this section, and, where required, under paragraph (b) of this section, on all projects completed within the reporting year in a manner consistent with reporting requirements for the applicable HUD program.
§75.27 Contract provisions.
(a) Recipients must include language applying Section 3 requirements in any subrecipient agreement or contract for a Section 3 project.
(b) Recipients of Section 3 funding must require subrecipients, contractors, and subcontractors to meet the requirements of §75.19, regardless of whether Section 3 language is included in recipient or subrecipient agreements, program regulatory agreements, or contracts.
Subpart D—Provisions for Multiple Funding Sources, Recordkeeping, and Compliance
§75.29 Multiple funding sources.
(a) If a housing rehabilitation, housing construction or other public construction project is subject to Section 3 pursuant to §75.3(a)(1) and (2), the recipient must follow subpart B of this part for the public housing financial assistance and may follow either subpart B or C of this part for the housing and community development financial assistance. For such a project, the following applies:
(1) For housing and community development financial assistance, a Targeted Section 3 worker is any worker who meets the definition of a Targeted Section 3 worker in either subpart B or C of this part; and
(2) The recipients of both sources of funding shall report on the housing rehabilitation, housing construction, or other public construction project as a whole and shall identify the multiple associated recipients. PHAs and other recipients must report the following information:
(i) The total number of labor hours worked on the project; (ii) The total number of labor hours worked by Section 3 workers on the project; and (iii) The total number of labor hours worked by Targeted Section 3 workers on the project. (b) If a housing rehabilitation, housing construction, or other public construction project is subject to Section 3 because the project is assisted with funding from multiple sources of housing and community development assistance that exceed the thresholds in §75.3(a)(2), the recipient or recipients 259
must follow subpart C of this part, and must report to the applicable HUD program office, as prescribed by HUD.
§75.31 Recordkeeping.
(a) HUD shall have access to all records, reports, and other documents or items of the recipient that are maintained to demonstrate compliance with the requirements of this part, or that are maintained in accordance with the regulations governing the specific HUD program by which the Section 3 project is governed, or the public housing financial assistance is provided or otherwise made available to the recipient, subrecipient, contractor, or subcontractor. (b) Recipients must maintain documentation, or ensure that a subrecipient, contractor, or subcontractor that employs the worker maintains documentation, to ensure that workers meet the definition of a Section 3 worker or Targeted Section 3 worker, at the time of hire or the first reporting period, as follows:
(1) For a worker to qualify as a Section 3 worker, one of the following must be maintained:
(i) A worker's self-certification that their income is below the income limit from the prior calendar year;
(ii) A worker's self-certification of participation in a means-tested program such as public housing or Section 8-assisted housing;
(iii) Certification from a PHA, or the owner or property manager of project-based Section 8- assisted housing, or the administrator of tenant-based Section 8-assisted housing that the worker is a participant in one of their programs;
(iv) An employer's certification that the worker's income from that employer is below the income limit when based on an employer's calculation of what the worker's wage rate would translate to if annualized on a full-time basis; or
(v) An employer's certification that the worker is employed by a Section 3 business concern. (2) For a worker to qualify as a Targeted Section 3 worker, one of the following must be maintained:
(i) For a worker to qualify as a Targeted Section 3 worker under subpart B of this part:
(A) A worker's self-certification of participation in public housing or Section 8-assisted housing programs;
(B) Certification from a PHA, or the owner or property manager of project-based Section 8- assisted housing, or the administrator of tenant-based Section 8-assisted housing that the worker is a participant in one of their programs;
(C) An employer's certification that the worker is employed by a Section 3 business concern; or 260
(D) A worker's certification that the worker is a YouthBuild participant. (ii) For a worker to qualify as a Targeted Section 3 worker under subpart C of this part:
(A) An employer's confirmation that a worker's residence is within one mile of the work site or, if fewer than 5,000 people live within one mile of a work site, within a circle centered on the work site that is sufficient to encompass a population of 5,000 people according to the most recent U.S. Census; (B) An employer's certification that the worker is employed by a Section 3 business concern; or (C) A worker's self-certification that the worker is a YouthBuild participant. (c) The documentation described in paragraph (b) of this section must be maintained for the time period required for record retentions in accordance with applicable program regulations or, in the absence of applicable program regulations, in accordance with 2 CFR part 200. (d) A PHA or recipient may report on Section 3 workers and Targeted Section 3 workers for five years from when their certification as a Section 3 worker or Targeted Section 3 worker is established. §75.33 Compliance.
(a) Records of compliance. Each recipient shall maintain adequate records demonstrating compliance with this part, consistent with other recordkeeping requirements in 2 CFR part 200. (b) Complaints. Complaints alleging failure of compliance with this part may be reported to the HUD program office responsible for the public housing financial assistance or the Section 3 project, or to the local HUD field office.
(c) Monitoring. HUD will monitor compliance with the requirements of this part. The applicable HUD program office will determine appropriate methods by which to oversee Section 3 compliance. HUD may impose appropriate remedies and sanctions in accordance with the laws and regulations for the program under which the violation was found
261
EXHIBIT A
File No.: 2.EV.22-24
SUPPLEMENTAL AGREEMENT
SCOPE OF WORK
(PUBLIC SERVICE)
I. GENERAL INFORMATION
CITY NAME: City of Eastvale UEI#: SDYLH5WX47R7
ADDRESS: 12363 Limonite Avenue, Suite 910
Eastvale, CA 91752
CITY PROGRAM CONTACTS: Tammy Ellis, Executive Director
SUBRECIPIENT NAME: Corona-Norco Family YMCA
ADDRESS: 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752
PHONE: 951-736-9622 FAX : (951) 736-6759
E-MAIL: [email protected]
PROJECT NAME: YMCA Senior Health & Wellness Program
PROJECT LOCATION: 13820 Schleisman Road, Eastvale, CA 92880
LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4)]
CDBG ELIGIBILITY CODE: 24 CFR 570.201 (e) Public Services
PROJECT FUNDING SUMMARY: $15,000
Project to be administered by County (HWS) on behalf of CITY: YES NO
II. SCOPE OF SERVICE
A. Activities
City will be responsible for administering a 2024-2025 Community Development Block Grant for the YMCA Senior Health & Wellness Program in a manner satisfactory to the County of Riverside and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program:
Activity #1 The Corona-Norco YMCA offers a senior membership program, which includes a Diabetes Prevention Program and Health Wellness classes. CDBG funds will be used to pay for staff salaries (direct cost), space costs, equipment, materials, and other project -related expenses.
262
EXHIBIT A
File No.: 2.EV.22-24
B. National Objective
All activities funded with CDBG funds must comply with one of more of the CDBG program’s National Objective Criteria as required under 24 CFR 570.200(a)(2). CITY certifies that the activity (ies) carried out under this Agreement will meet the following National Objective:
National Objective Criteria: 570.208 (a)(2)(i)(A)
CFR Reference: Low Mod Limited Clientele Presumed
C. Levels of Accomplishment – Goals and Performance Measures
The City agrees to provide the following levels of program services:
Activity Units Total Total
per Month Units/Year Unduplicated Persons
Activity #1 60 60
Unit of Service is defined as: Senior Program Memberships
CPD OUTCOME PERFORMANCE MEASUREMENT
Objectives (select one): Creating Suitable Living Environments Providing Decent Affordable Housing
Creating Economic Opportunities
Outcome (select one): Availability/Accessibility
Affordability
Sustainability (promoting livable or viable communities)
D. City Capacity
By executing this Supplemental Agreement, the City certifies that it and its subrecipients have the appropriate number of trained and knowledgeable staff, adequate facilities, proper equipment, required licensing and permitting, and sufficient amount of fi nancial resources necessary to implement and carry out the activities funded with CDBG funds.
City will immediately notify County of any significant changes in organizational management, assigned staff, change in facilities, loss or change in matching funds, or any other event that could potentially impact City’s performance under this Agreement. Any changes in the above items are subject to the prior approval of the County.
E. Performance Monitoring
The County of Riverside will monitor the performance of the City and its subrecipients against goals and performance standards as stated above. Substandard performance as determined by the County will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the City within a reasonable period of time after being notified by the County, contract suspension or termination procedures will be initiated.
263
EXHIBIT A
File No.: 2.EV.22-24
F. Program Budget
It is expressly agreed and understood that the total amount to be paid by the County under this Agreement shall not exceed $15,000. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in this Section and in accordance with performance. Payments may be contingent upon certification of the Subrecipient’s financial management system in ac cordance with the standards specified in Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Fede ral Awards (2 CFR Part 200).
The County may require a more detailed budget breakdown than the one contained herein, and the City shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the County. Any amendments to the budget must be approved in writing by both the County and City.
Line Item CDBG Granted
Funds
Total Non-
CDBG Funds
Total
Activity/Project
Budget
Notes
Total Direct Program
Expenses
$15,000
$0
$15,000
Salaries
Fringe
Office Space (Program Only)
Utilities
Communications
Reproduction/Printing
Supplies and Materials
Mileage
Equipment (Program Only)
Audit
Transportation
Other: Memberships
Total Indirect Program
Expenses
Indirect Costs (Specify)*
TOTAL CDBG BUDGET $15,000 $15,000 $15,000 $0
* All indirect costs must be pre -approved by the County. City must submit an Indirect Cost Allocation Plan to County, in a form specified by County, demonstrating the appropriate share of general and administrative costs.
264
EXHIBIT A
File No.: 2.EV.22-24
G. Total Amount of Non- CDBG Leveraging
TYPE SOURCE AMOUNT SOURCE AMOUNT SOURCE AMOUNT TOTAL
FEDERAL
STATE/LOCAL
PRIVATE
OTHER
TOTAL: __$0_____________
III. ADMINISTRATIVE REQUIREMENTS
A. Accounting Standards
The City agrees to comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.
B. Cost Principles
The City shall administer its program in conformance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200).
These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.
C. Documentation and Record Keeping
1. Records to be Maintained.
The City and its subrecipients will maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:
i Records providing a full description of each activity undertaken; ii. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
iii. Records required to determine the eligibility of activities; iv. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; v. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
vi. Financial records as required by 24 CFR 570.502, and 2 CFR 200; and vii. Other records necessary to document compliance with Subpart K of 24 CFR Part 570.
265
EXHIBIT A
File No.: 2.EV.22-24
2. Records Retention:
The City shall retain all CDBG-related financial records, supporting documents, contracts, and agreements for a period of four (4) years. The retention period begins on the date of the submission of the County’s annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported for the final time. The City will retain all National Objective documentation, including low - moderate income certification, ethnicity, and other pertinent data for a period of four (4) years after submission of the County’s annual performance and evaluation report to HUD. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four- year period, then such records must be retained until completion of the actions and resolution of all issues.
3. Client Data:
The City shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to County monitors or their designees for review upon request.
4. Disclosure:
The City understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the County’s or City’s responsibilities with respect to services provided under this contract, is prohibited by applicable federal and State law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian.
5. Close-outs:
The City’s obligation to the County shall not end until all close-out requirements are completed. Activities during this close -out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of al l unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the County), and determining the custodianship of records.
Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the City has control over CDBG funds, including program income.
6. Audits & Inspections:
All City records with respect to any matters covered by this Agreement shall be made available to the County, HUD, and the Controller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the City within 30 days after receipt by the City. Failure of the City to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The City hereby agrees to have an annual agency audit conducted in accordance with current County policy concerning subrecipient audits, the Single Audit Act, and the Office of Management and Budget (OMB) Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Costs Principles, and Audit Requirements for Federal Awards (Uniform Guidance). 266
EXHIBIT A
File No.: 2.EV.22-24
IV. PROJECT IMPLEMENTATION AND SCHEDULE
Unless pre-approved by County, CITY will perform and complete the activities described in Section II in conformance with the schedule of tasks and milestones listed below:
Tasks / Milestone Start Date Completion Date
Completed Training September 2024 September 2024
Execute Subrecipient Agreements July 1, 2024 March 15, 2025
(HWS must approve)
Implement Program Activities July 1, 2024 March 15, 2025
Execute Supplemental Agreement September 2024 November 2024 1 & Notice to Incur Cost
City Submit Quarterly October 2024
Performance Reports to County December 2024
March 2025
June2025
County Monitoring of City TBD TBD
Performance
City submit Monthly September 2024 July 1, 2025
Direct Benefit Reports
City Submits Reimbursement
Requests
Monthly Submittal September 2024 June 2025
Other Schedule
CDBG Program Services Complete TBD
V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS
Sponsor must collect eligibility self-certifications from every participant in the CDBG -funded program.
At a minimum, participants must certify that they are 55 years of age or older, and they must report their ethnicity. This documentation must be submitted to HWS on a monthly basis for new participants.
267
EXHIBIT B
File No.: 2. EV.23-24
SUPPLEMENTAL AGREEMENT
SCOPE OF WORK
(PUBLIC SERVICE)
I. GENERAL INFORMATION
CITY NAME: City of Eastvale UEI#: CLDHKNUMVJE3
ADDRESS: 12363 Limonite Avenue, Suite 910
Eastvale, CA 91752
CITY PROGRAM CONTACTS: Mark Orme, City Manager
SUBRECIPIENT NAME:
ADDRESS: 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752
PHONE: 951-361-0900 FAX :
E-MAIL: [email protected]
PROJECT NAME: City of Eastvale Home Enhancement Program
PROJECT LOCATION: Citywide
LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4)]
CDBG ELIGIBILITY CODE: 24 CFR 570.201 (e) Public Services
PROJECT FUNDING SUMMARY: $143,629
Project to be administered by County (HWS) on behalf of CITY: YES NO
II. SCOPE OF SERVICE
A. Activities
City will be responsible for administering a 2024-2025 Community Development Block Grant for the City of Eastvale Home Enhancement Program in a manner satisfactory to the County of Riverside and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program:
Activity #1 CDBG funds will be used to pay for costs associated with grants to assist homeowners with there rehabilitation of stick-built and modular (attached to private land) owner -occupied single-family residences in the City of Eastvale. Grants are for the costs o f exterior rehabilitation relative to the health, safety, and Housing Quality Standards of a property as defined by the U.S. Department of Housing and Urban Development.
268
EXHIBIT B
File No.: 2. EV.23-24
B. National Objective
All activities funded with CDBG funds must comply with one of more of the CDBG program’s National Objective Criteria as required under 24 CFR 570.200(a)(2). CITY certifies that the activity (ies) carried out under this Agreement will meet the following National Objective:
National Objective Criteria: 570.208 (a)(3)
CFR Reference: Low Mod Limited Clientele-Housing Activities
C. Levels of Accomplishment – Goals and Performance Measures
The City agrees to implement and complete the following activity(ies):
Activity #1 Partner with County to advertise the Home Enhancement Program to its residents.
Activity #2- Partner with the County for carry out Home Enhancement Program activities.
CPD OUTCOME PERFORMANCE MEASUREMENT
Objectives (select one): Creating Suitable Living Environments Providing Decent Affordable Housing
Creating Economic Opportunities
Outcome (select one): Availability/Accessibility
Affordability
Sustainability (promoting livable or viable communities)
D. City Capacity
By executing this Supplemental Agreement, the City certifies that it and its subrecipients have the appropriate number of trained and knowledgeable staff, adequate facilities, proper equipment, required licensing and permitting, and sufficient amount of fi nancial resources necessary to implement and carry out the activities funded with CDBG funds.
City will immediately notify County of any significant changes in organizational management, assigned staff, change in facilities, loss or change in matching funds, or any other event that could potentially impact City’s performance under this Agreement. Any changes in the above items are subject to the prior approval of the County.
E. Performance Monitoring
The County of Riverside will monitor the performance of the City and its subrecipients against goals and performance standards as stated above. Substandard performance as determined by the County will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the City within a reasonable period of time after being notified by the County, contract suspension or termination procedures will be initiated.
269
EXHIBIT B
File No.: 2. EV.23-24
F. Program Budget
It is expressly agreed and understood that the total amount to be paid by the County under this Agreement shall not exceed $143,629. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in this Section and in accordance with performance. Payments may be contingent upon certification of the Subrecipient’s financial management system in ac cordance with the standards specified in Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Fed eral Awards (2 CFR Part 200).
The County may require a more detailed budget breakdown than the one contained herein, and the City shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the County. Any amendments to the budget must be approved in writing by both the County and City.
The City agrees to implement and complete the following activity(ies):
Activity #1 Partner with County to advertise the Home Enhancement Program to its residents.
Activity #2- Partner with the County for carry out Home Enhancement Program activities.
Line Item CDBG Granted
Funds
Total of Non-
CDBG Funds
Total
Activity/Project
Budget
Notes
Design/Engineering Costs X $0 $143,629
Project Administration Costs
X
Construction Costs
X
Acquisition Costs
Relocations Costs
Capital Equipment Costs
Code Enforcement
Clearance
Interim Assistance
Indirect Costs:
TOTAL CDBG BUDGET $143,629 $0 $143,629
* All indirect costs must be pre -approved by the County. City must submit an Indirect Cost Allocation Plan to County, in a form specified by County, demonstrating the appropriate share of general and administrative costs.
270
EXHIBIT B
File No.: 2. EV.23-24
G. Total Amount of Non- CDBG Leveraging
TYPE SOURCE AMOUNT SOURCE AMOUNT SOURCE AMOUNT TOTAL
FEDERAL
STATE/LOCAL
PRIVATE
OTHER
TOTAL: _____$0______________
III. ADMINISTRATIVE REQUIREMENTS
A. Accounting Standards
The City agrees to comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.
B. Cost Principles
The City shall administer its program in conformance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200).
These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.
C. Documentation and Record Keeping
1. Records to be Maintained.
The City and its subrecipients will maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:
i Records providing a full description of each activity undertaken; ii. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
iii. Records required to determine the eligibility of activities; iv. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; v. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
vi. Financial records as required by 24 CFR 570.502, and 2 CFR 200; and vii. Other records necessary to document compliance with Subpart K of 24 CFR Part 570.
271
EXHIBIT B
File No.: 2. EV.23-24
2. Records Retention:
The City shall retain all CDBG-related financial records, supporting documents, contracts, and agreements for a period of four (4) years. The retention period begins on the date of the submission of the County’s annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported for the final time. The City will retain all National Objective documentation, including low - moderate income certification, ethnicity, and other pertinent data for a period of four (4) y ears after submission of the County’s annual performance and evaluation report to HUD. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the e xpiration of the four -year period, then such records must be retained until completion of the actions and resolution of all issues.
3. Client Data:
The City shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to County monitors or their designees for review upon request.
4. Disclosure:
The City understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the County’s or City’s responsibilities with respect to services provided under this contract, is prohibited by applicable federal and State law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian.
5. Close-outs:
The City’s obligation to the County shall not end until all close-out requirements are completed. Activities during this close -out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of al l unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the County), and determining the custodianship of records.
Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during an y period that the City has control over CDBG funds, including program income.
6. Audits & Inspections:
All City records with respect to any matters covered by this Agreement shall be made available to the County, HUD, and the Controller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the City within 30 days after receipt by the City. Failure of the City to comply with the abov e audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The City hereby agrees to have an annual agency audit conducted in accordance with current County policy concerning subrecipient audits, the Single Audit Act, and the Office of Management and Budget (OMB) Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Costs Principles, and Audit Requirements for Federal Awards (Uniform Guidance). 272
EXHIBIT B
File No.: 2. EV.23-24
IV. PROJECT IMPLEMENTATION AND SCHEDULE
Unless pre -approved by County, CITY will perform and complete the activities described in Section II in conformance with the schedule of tasks and milestones listed below:
Tasks / Milestone Start Date Completion Date
Complete CDBG Training September 2024 September 2024
Implement Project Activities Upon Notification from HWS
Execute Supplemental Agreement September 2024 March 28 2025 & Notice to Incur Cost
Tasks / Milestone Start Date Completion Date
Submit Performance October 2024 June 30, 2025
Reports to County
County Monitoring of City To be determined by Program Manager Program/Performance
1. City executes Supplemental Agreement; receives Authorization to Incur Cost letter
2. HWS prepares final construction documents (incorporating Special Federal Provisions) for HWS review and approval
3. HWS advertise for bids
4. HWS reviews and approves bidding process
5. HWS awards construction contract
6. HWS conduct “pre-construction meeting”
7. HWS authorizes issue of “Notice to Proceed”
8. HWS Submits Reimbursement Requests
Monthly Submittal
Other Schedule To be determined by Program Manager
CDBG-funded Project Complete June 30, 2025
V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS
It is required that the City and County of Riverside HWS adhere to the Home Enhancement Program Policies and no limitations will be placed on the year and date home was built for Homes that demonstrate and Health and Safety issues and/or risks. Home Enhancement improvement activities will be administered by the County on behalf of the City and will not be subject to Section 23 construction activities.
273
SUBRECIPIENT AGREEMENT FOR THE USE OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
FOR FISCAL YEAR 2024-2025
This Subrecipient Agreement for the use of Community Development Block Grant funds for Fiscal Year 2024-2025, hereinafter referred to as “Agreement” is made and entered into this ______ day of __________ 2024, by and between the CITY OF EASTVALE, an incorporated municipality within the geographical boundaries of the County of Riverside, hereinafter referred to as "CITY”, and CORONA-NORCO FAMILY YOUNG MEN’S CHRISTIAN ASSOCIATION (YMCA), a California non -profit corporation, hereinafter referred to as “SUBRECIPIENT. ” City and Subrecipient individually referred to herein as “Party” and collectively as the “Parties. ”
RECITALS
WHEREAS, the Housing and Community Development Act of 1974, as amended (42 U.S.C.A. § 5301 et seq.) (Public Law 93-383), hereinafter called "ACT" , provides that Community Development Block Grant funds hereinafter referred to as "CDBG" , may be used for the support of activities that provide decent housing, suitable living environments, and expanded economic opportunities principally for persons of low and moderate-income; and WHEREAS, the CITY has received CDBG funding for the 2024-2025 program year through the County of Riverside’s Urban County CDBG program; and
WHEREAS, the CDBG-assisted activities described herein comply with one of the national objectives as required under 24 CFR §570.200(a)(2).
NOW THEREFORE, the CITY and SUBRECIPIENT mutually agree as follows:
1. PURPOSE. SUBRECIPIENT promises and agrees to undertake and assist with the CITY’s CDBG activities by utilizing the sum of fifteen thousand dollars ($15,000), CDBG Entitlement Funds, as specifically identified in Exhibit “A” , which is attached hereto and by this reference is incorporated herein, for the following project: YMCA Senior Health & Wellness Program.
2. TERM OF AGREEMENT. The term of this Agreement shall be for the period of one (1) year from JULY 1, 2024 to JUNE 30, 2025. Final reimbursement submission is due to the City on or before March 1, 2025.
3. INCORPORATION OF SUPPLEMENTAL AGREEMENT . All applicable terms and conditions of the Supplemental Agreement for the use of 2024 -2025 CDBG funds, between the 274
County of Riverside and the CITY , Exhibit “B” of which is attached, are hereby incorporated into and made part of this Agreement.
4. LETTER TO PROCEED . SUBRECIPIENT shall not initiate nor incur expenses for the CDBG funded project/activity covered under the terms of this Agreement prior to receiving written authorization from the CITY to proceed.
5. NOTICES. Each notice, request, demand, consent, approval or other communication which the CITY or SUBRECIPIENT is required or permitted to give to the other party pursuant to this Agreement shall be in writing and sent to the individuals outlined in Exhibit “C” . Should the information outlined in Exhibit “C” need to be updated or changed it will be requested in writing within a timeframe that does not impact the progress of the program.
6. DISTRIBUTION OF FUNDS.
A. The CITY shall pay to the SUBRECIPIENT the sum specified under “ 1.
PURPOSE” above on a reimbursement basis for all approved costs.
B. The SUBRECIPIENT shall submit once a month to the CDBG Program Administrator of the CITY a certified statement setting forth in detail the expenditures made for which it is asking reimbursement along with pertinent supporting documentation.
C. The CITY shall promptly review the monthly expenditure statement and reimburse the SUBRECIPIENT for the approved costs in accordance with its usual accounting procedures.
D. The CITY may require from the SUBRECIPIENT such supporting documentation as may be necessary and appropriate for the CITY to make its determination.
E. Each disbursement of CDBG funds shall be made within thirty (30) days after the SUBRECIPIENT has submitted, to the CITY , a complete and approved statement of expenditures.
F. In the event the United States Department of Housing and Urban Development determines the purpose or any of the expenditures above as ineligible for funding by the CITY , the SUBRECIPIENT shall reimburse the CITY the amount of the cost.
7. RECORDS AND INSPECTIONS.
A. SUBRECIPIENT shall establish and maintain financial, programmatic, statistical, and other supporting records of its operations and financial activities in accordance with 24 CFR 570, Part 84, 570.506, and OMB Circulars, A-122, and A-133, as applicable, as they relate to the acceptance and use of federal funds under this Agreement. Said records shall be retained for 275
such time as may be required by the regulations of the Housing and Community Development Act, but in no case for less than five (5) years from the date of this Agreement.
B. SUBRECIPIENT shall maintain a separate account for CDBG Entitlement funds received as set forth in Exhibit "A" .
C. SUBRECIPIENT shall obtain an external audit in accordance with the U.S.
Department of Housing and Urban Development single audit regulations (24 CFR Part 44.6). Audits shall usually be performed annually but not less frequently than every two years. Nonpro fit institutions and government agencies that expend less than $750,000 a year in Federal awards are exempt from Federal audit requirements, but records must be available for review by appropriate officials of the Federal grantor agency or sub granting entity. The audit report shall be submitted to the CITY within 180 days after the end of the County’s fiscal year.
D. SUBRECIPIENT shall, during the normal business hours make available to CITY , County of Riverside, the Department of Housing and Urban Development, and any other authorized Federal official, for examination and copying all of its records and other materials with respect to matters covered by this Agreement.
E. SUBRECIPIENT shall submit to the CITY copies of all studies and reports prepared for this project and the CITY shall have the right to the use and benefit of all such studies and reports.
F. If this CDBG -funded activity meets a National Objective by serving limited clientele as defined in 24 CFR 570.208(a)(2)(i), the SUBRECIPIENT shall ensure that at least fifty-one percent (51%) of the persons benefiting from the CDBG funded activities are of low and moderate- income and meet the applicable household income guidelines. The SUBRECIPIENT must provide the required income certification and direct benefit documentation, in writing, to the CITY pursuant to the reporting requirements as set forth in the attached Exhibit “B”.
8. COMPLIANCE WITH LAWS AND REGULATIONS . The SUBRECIPIENT shall comply with all applicable federal, state and local laws, regulations and ordinances. By executing this Agreement, the SUBRECIPIENT hereby certifies that it will adhere to and comply with the following as they may be applicable to funds granted pursu ant to the Housing and Community Development Act of 1974, as amended:
A. The Housing and Community Development Act of 1974, as amended, and the regulations issued thereto;
B. Section 3 of the Housing and Urban Development Act of 1968, as amended; 276
C. Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implementing regulations at 41 CFR Chapter 60;
D. Executive Order 11063, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107;
E. Section 504 of the Rehabilitation Act of 1973 (PL 93 -112), as amended, and implementing regulations;
F. The Age Discrimination Act of 1975 (PL 94 -135), as amended, and implementing regulations;
G. The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42;
H. The labor standard requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issued to implement such requirements; I. Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control and abatement of water pollution; J. The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (PL 93-234);
K. The regulations, policies, guidelines and requirements of 24 CFR Part 85 "Common Rule, " OMB Circular Nos. A-122 and A -133 as they relate to the acceptance and use of federal funds under the federally-assigned program;
L. Title VI of the Civil Rights Act of 1964 (PL 88 -352) and implementing regulations issued at 24 CFR Part 1;
M. Title VIII of the Civil Rights Act of 1968 (PL 90-284) as amended; and N. The lead-based paint requirements of 24 CFR Part 35 issued pursuant to the Lead-based Paint Poisoning Prevention Act (42 USC 4801, et seq.); O. Uniform Administration Requirements pursuant to 24 CFR 570.502.
P. The SUBRECIPIENT shall carry out its activity pursuant to this Agreement in compliance with all federal laws and regulations described in Subpart K of Title 24 of the Code of Federal Regulations, except that (1) The SUBRECIPIENT does not assume the CITY'S environmental responsibilities described at §570.604; and (2) The SUBRECIPIENT does not assume the CITY'S responsibility for initiating the review process under the provisions of 24 CFR Part 52.
Q. All Uniform Administrative Requirements pursuant to 24 CFR 570.502. 277
9. HOLD HARMLESS AND INDEMNIFICATION.
A. SUBRECIPIENT shall indemnify and hold harmless the County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives from any liability whatsoever, based or asserted upon any services of SUBRECIPIENT, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever arising from the performance of SUBRECIPIENT, its officers, agents, employees, subcontractors, agents or representatives from this Agreement. SUBRECIPIENT shall defend, at its sole expense, all costs and fees including, but not limited, to attorney fees, cost of investigation, defense and settlements or awards, the County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives in any claim or action based upon such alleged acts or omissions. With respect to any action or claim subject to indemnification herein by SUBRECIPIENT, shall, at their sole cost, have the right to use counsel of their own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of County of Riverside; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes SUBRECIPIENT’S indemnification to County of Riverside as set forth herein. SUBRECIPIENT’S obligation hereunder shall be satisfied when SUBRECIPIE NT has provided to County of Riverside the appropriate form of dismissal relieving County of Riverside from any liability for the action or claim involved.
B. The specified insurance limits required in this Agreement shall in no way limit or circumscribe SUBRECIPIENT’S obligations to indemnify and hold harmless the County of Riverside herein from third party claims.
C. SUBRECIPIENT shall indemnify and hold harmless the CITY , its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives from any liability whatsoever, based or asserted upon any services of SUBRECIPIENT, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever arising from the performance of SUBRECIPIENT, its officers, agents, employees, subcontractors, agents or representatives from this Agreement. SUBRECIPIENT shall 278
defend, at its sole expense, all costs and fees including, but not limited, to attorney fees, cost of investigation, defense and settlements or awards, the CITY, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives in any claim or action based upon such alleged acts or omission s. With respect to any action or claim subject to indemnification herein by SUBRECIPIENT, shall, at their sole cost, have the right to use counsel of their own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of the CITY; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes SUBRECIPIENT’S indemnification to the CITY as set forth herein.
SUBRECIPIENT’S obligation hereunder shall be satisfied when SUBRECIPIENT has provided to the CITY the appropriate form of dismissal relie ving the CITY from any liability for the action or claim involved.
D. The specified insurance limits required in this Agreement shall in no way limit or circumscribe SUBRECIPIENT’S obligations to indemnify and hold harmless the C ITY herein from third party claims.
10. INSURANCE. Without limiting or diminishing the SUBRECIPIENT’S obligation to indemnify or hold the CITY and the County of Riverside harmless, SUBRECIPIENT shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage’s during the term of this Agreement:
A. SUBRECIPIENT shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the activities performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
B. SUBRECIPIENT shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the SUBRECIPIENT arising out of or in connection this Agreement, including coverage for owned, hired and non -owned vehicles, in an a mount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
11. PROGRAM INCOME . SUBRECIPIENT, who is a subrecipient as defined in Section 570.500(c) and 570.504, shall not retain any program income as defined in Section 570.500 of Title 24 279
of the Federal Code of Regulations. Any and all program income shall be retained by the County of Riverside.
12. INDEPENDENT CONTRACTOR. SUBRECIPIENT and its agents, servants and employees shall act at all times in an independent capacity during the term of this Agreement, and shall not act as, shall not be, nor shall they in any manner be construed to be agents, officers or employees of the CITY or the County of Riverside.
13. NONDISCRIMINATION. SUBRECIPIENT shall abide by §570.601 and §570.912 of Title 24 of the Federal Code of Regulations, which require that no person in the United States shall on the ground of race, color, religion, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with CDBG funds.
14. RELIGIOUS ACTIVITIES and CONFLICT OF INTEREST . Under federal regulations, CDBG assistance may not be used for inherently religious activities or provided to primarily religious entities for any activities including secular activities. SUBRECIPIENT shall adhere to the restrictions set forth in 24 CFR 570.200(j), and 570.611 and by this reference is incorporated herein.
15. TERMINATION.
A. SUBRECIPIENT may not terminate this Agreement except upon express written consent of CITY .
B. Notwithstanding the provisions of Paragraph 2, CITY may suspend or terminate this Agreement upon written notice to SUBRECIPIENT of the action being taken and the reason for such action (1) In the event the SUBRECIPIENT fails to perform the covenants herein contained at such times and in such manner as provided in this Agreement; or (2) In the event there is a conflict with any federal, state or local law, ordinance, regulation or rule rendering any of the provisions of this Agreement invalid or untenable; or (3) In the event the funding from the Department of Housing and Urban Development referred to in “1. PURPOSE” above is terminated or otherwise becomes unavailable.
C. This Agreement may be terminated, or funding suspended in whole or in part for cause in accordance with 24 CFR 85.43. Cause shall be based on the failure of the SUBRECIPIENT to materially comply with either the terms or conditions of this Agreement. Upon suspension of funding, the SUBRECIPIENT agrees not to incur any costs related thereto, or connected with, any area of conflict from which the CITY has determined that suspension of funds is necessary. The award may be terminated for convenience in accordance with 24 CFR 85.44. 280
D. Reversion of Assets (1) Upon expiration of this Agreement, the SUBRECIPIENT shall transfer to the CITY any CDBG funds on hand at the time of expiration of the Agreement as well as any accounts receivable held by SUBRECIPIENT which are attributable to the use of CDBG funds awarded pursuant to this Agreement; or (2) Any real property under the SUBRECIPIENT’S control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the SUBRECIPIENT in the form of a loan) in ex cess of $25,000 is either (i) Used to meet one of the National Objectives in Sec. 570.208 until five years after expiration of this agreement, or for such longer period of time as determined to be appropriate by the CITY; or (ii) Not used in accordance with Section (i) above, in which event the SUBRECIPIENT shall pay to the CITY an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non- CDBG funds for the acquisition of, or improvement to, the property.
16. PROGRAM MONITORING AND EVALUATION. SUBRECIPIENT shall be monitored and evaluated in terms of its effectiveness and timely compliance with the provisions of this Agreement and the effective and efficient achievement of the Program Objectives. Monthly reports shall be due on the fifteenth (15th) day of the month immediately following the end of the month being reported.
The monthly written reports shall include, but shall not be limited to the following data elements:
A. Title of program, listing of components, description of activities/operations.
B. The projected goals, indicated numerically, and also the goals achieved (for each report period). In addition, identify by percentage and description, the progress achieved towards meeting the specified goals; additionally, identify any problems encountered in meeting goals.
C. If the CDBG funded Activity meets National Objective under 24 CFR 570.208 (a)(2)(i)(B), SUBRECIPIENT shall report the following:
(1) Total direct beneficiaries (clientele served) with household income:
(i) Above 80% MHI
(ii) Between 50% and 80% MHI (Low-Income)
(iii) Between 30% and 50% MHI (Very Low-Income)
(iv) Below 30% MHI (Extremely Low-Income)
(2) Total number and percentage of all clients at or below 80% MHI (3) Racial ethnicity of clientele
(4) Number of Female-Headed Households
281
D. SUBRECIPIENT shall report beneficiary statistics monthly, or as otherwise required, to CITY on the pre -approved Direct Benefit Form and Self - Certification Form (certifying income, family size, and racial ethnicity) as required by HUD. In the event that HU D or CITY implement changes to the reporting requirements, SUBRECIPIENT will be provided with updated forms and instructions necessary to comply with the reporting requirements of the CPD Outcome Performance Measurement System.
E. SUBRECIPIENT must collect income self-certifications from every individual or family participating in CDBG -funded activities or the parent or legal guardian of every child participating in CDBG -funded activities. This includes family income, family size, and ethnicity .
Income verifications are required from at least 10% of all clientele. S UBRECIPIENT must submit reimbursement request monthly or in accordance with other County of Riverside and CITY approved schedule. Final reimbursement requests must be received by the CITY no later than March 1, 2023.
17. ENTIRE AGREEMENT. This Agreement, including any attachments or exhibits hereto constitutes the entire Agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous representations, proposals, discussions and communications, whether oral or in writing. No oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. Each of the attachments and exhibits attached hereto is incorporated herein by this reference.
18. PROJECT ELIGIBILITY. As to the SUBRECIPIENT or its claimants, the CITY shall bear no liability for any later determination by the United States Government, the Department of Housing and Urban Development, or any other person or entity, that SUBRECIPIENT is or is not eligible under 24 CFR Part 570 to receive CDBG funds.
19. MODIFICATION OF AGREEMENT. This agreement may be modified or amended only by a writing signed by the duly authorized and empowered representatives of the CITY and SUBRECIPIENT, respectively.
20. SEVERABILITY. Each section, paragraph and provision of this Agreement is severable from each other provision, and if any provision or part thereof is declared invalid, the remaining provisions shall remain in full force and effect.
21. EMPLOYMENT OPPORTUNITIES TO BE CAUSED BY PROJECT. SUBRECIPIENT agrees to notify in writing, the CITY of any and all job openings that are caused by the CDBG-funded Project under this Agreement.
282
22. AUTHORITY TO EXECUTE . The persons executing this Agreement, or exhibits attached hereto on behalf of the parties to this Agreement hereby warrant and represent that they have the authority to execute this Agreement and warrant and represent that they have the authority to bind the respective parties to this Agreement to the performance of its obligations hereunder.
23. EFFECTIVE DATE. The effective date of this Agreement is the date the parties sign the Agreement. If the parties sign the Agreement on more than one date, then the last date the Agreement is signed by a party shall be the effective date.
24. FORCE MAJEURE.
A. Performance by either party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, lock -outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, epidemics, pandemic, quarantine restrictions, freight embargoes, lack of transportation, governmental restrictions or priority, litigation, unusually severe weather, inability to secure necessary labor, material or tools, delays of any contractor, sub-contractor or supplier, acts of the other party, acts or failure to act of a public or governmental agency or entity, or any causes beyond the control or without the fault of the party claiming an extension of time to perform.
B. An extension of time for any such cause (a “Force Majeure Delay”) shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other pa rty within thirty (30) calendar days of knowledge of the commencement of the cause. Notwithstanding the foregoing, none of the foregoing events shall constitute a Force Majeure Delay unless and until the party claiming such delay and interference delivers to the other party written notice describing the event, its cause, when and how such party obtained knowledge, the date the event commenced, and the estimated delay resulting therefrom. Any party claiming a Force Majeure Delay shall deliver such written notice within thirty (30) calendar days after it obtains knowledge of the event.
[Remainder of Page Intentionally Blank]
[Signatures on Following Page]
283
IN WITNESS WHEREOF , the CITY and the SUBRECIPIENT have executed this agreement as of the date listed below:
CITY OF EASTVALE, SUBRECIPIENT
a General law City CORONA-NORCO FAMILY YOUNG MEN’S
CHRISTIAN ASSOCIATION (YMCA),
a California Non-Profit Corporation
BY: __________________________ BY: __________________________ Mark Orme, City Manager Name:
Title:
Date: ________________________ Date: ________________________
ATTEST:
BY: __________________________
Marc Donohue, City Clerk
APPROVED AS TO FORM:
BY: __________________________
Erica Vega, City Attorney
284
EXHIBIT A
SUPPLEMENTAL AGREEMENT
SCOPE OF WORK
-PLACEHOLDER-
-COUNTY OF RIVERSIDE WILL SEND SUPPLEMENTAL AGREEMENT AND SCOPE OF WORK-
285
EXHIBIT B
SUPPLEMENTAL AGREEMENT
-PLACEHOLDER-
-COUNTY OF RIVERSIDE WILL SEND SUPPLEMENTAL AGREEMENT AND SCOPE OF WORK-
286
EXHIBIT C
PROGRAM CONTACT INFORMATION
Should the information outlined below need to be updated or changed it will be requested in writing within a timeframe that does not impact the progress of the program.
CITY
CDBG PROGRAM ADMINISTRATOR
Samantha Greven, Management Analyst
City of Eastvale
12363 Limonite Avenue, Suite 910
Eastvale, CA 91752
[email protected]
SUBRECIPIENT
PROGRAM MANAGER
Sam Albrecht, Program Manager
Corona-Norco Family Young Men’s Christian Association (YMCA) 1331 River Road
Corona, CA 92878
[email protected]
287
AGENDA STAFF REPORT
City Council Meeting
CONSENT CALENDAR
Agenda Item No. 11.9
January
8, 2025
Reciprocal License Agreement between the City of Eastvale and the City of Ontario for the installa/on and use of Flock Safety cameras.
Prepared By:
Johnny Terfehr, Community Safety Director
Recommended Action(s)
Staff recommends that the City Council authorize the City Manager to execute the Reciprocal License Agreement with the City of Ontario for the installa#on and use of Flock Safety Cameras on respective public right of way infrastructure.
Summary
The City of Eastvale and the City of Ontario propose a reciprocal agreement to share respec#ve infrastructure, such as traffic signals, street lights, and standalone poles, for the installa#on, use, and maintenance of Flock Safety cameras. This partnership will enhance surveillance coverage and improve the ability to collect and preserve critical evidence for criminal investigations.
The agreement will be effec#ve for five years, with an automa#c one-year renewal upon expira#on of the ini#al term. Each city will retain ownership and responsibility for their respec#ve cameras, while adhering to the terms of their individual agreements with Flock.
Background
The Ci#es of Eastvale and Ontario u#lize Flock Safety cameras to enhance public safety. The Eastvale City Council approved an agreement with Flock Safety for the installa#on of 61 cameras at strategic 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
288
locations throughout the City on April 26, 2023.
Flock Safety cameras are capable of capturing and processing up to 30,000 vehicles daily, covering two lanes of traffic with a single solar-powered unit. U#lizing advanced image analy#cs, the cameras track key vehicle features such as license plates, make, model, color, and dis#nc#ve characteris#cs, without relying on registra#on data. This system enables real-#me alerts for stolen or wanted vehicles, providing law enforcement with valuable evidence to improve the efficiency and accuracy of investigations.
To further strengthen public safety, the proposed reciprocal agreement allows the City of Eastvale and the City of Ontario to use each other’s traffic signals, street lights, and standalone poles within the public rights-of-way for the installa#on, maintenance, and opera#on of Flock cameras. The cameras will monitor each city's respec#ve areas, ensuring coverage within their own jurisdic#ons.
The fiscal and legal responsibility for each camera will rest with the jurisdic#on that owns it. If either party wishes to relocate a camera, both ci#es agree to make reasonable efforts to accommodate the request.
The agreement includes three proposed camera loca#ons and the possibility of future loca#ons.
Each City will obtain an encroachment permits for any equipment installed on each other's respective infrastructure.
Sharing camera infrastructure will enhance both ci#es' ability to track wanted vehicles, pinpoint their loca#ons, and respond more quickly to criminal ac#vity. The interconnected network of cameras will improve informa#on flow, allowing law enforcement to share real-#me alerts and surveillance data. By u#lizing each other’s proper#es for camera installa#ons, both ci#es can bolster crime preven#on efforts and strengthen their ability to solve cases, ul#mately contribu#ng to greater public safety and more effective law enforcement collaboration.
Environmental
Not applicable.
Strategic Plan Action - Priority Level: N/A
| Target #: G
| Goal #: A
Identify and recommend tools necessary for optimal employee performance.
Use innova#on and technology to enhance public safety with considera#on and balance of privacy and public trust.
Fiscal Impact
There is no fiscal impact.
Prior City Council/Commission Action
On April 26, 2023, the City Council approved an agreement with Flock Safety for the installa#on of cameras throughout the City.
Attachment(s)
A?achment 1 - Reciprocal Agreement Between the City of Eastvale and the City of Ontario for the Installation and Use of Flock Cameras
Attachment 2 - Agreement Between the City of Eastvale and Flock Safety
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
289
46700.00820\40301483.1
RECIPROCAL LICENSE AGREEMENT BETWEEN THE
CITY OF ONTARIO AND
THE CITY OF EASTVALEFOR THE INSTALLATION AND USE
OF FLOCK CAMERAS
290
46700.00820\40301483.1
i
TABLE OF CONTENTS
SECTION PAGE SECTION 1. DEFINITIONS...................................................... Error! Bookmark not defined.
SECTION 2. GRANT.................................................................................................................. 1 SECTION 3. USAGE RESTRICTIONS AND CONFIDENTIALITY ...................................... 2 SECTION 4. TERM AND AMENDMENTS.............................................................................. 2 SECTION 5. PERMIT FEES...................................................... Error! Bookmark not defined.
SECTION 6. CONSTRUCTION, MAINTENANCE and REPAIR ACTIVITIES .................... 2 SECTION 7. INTERFERENCE WITH OTHER FACILITIES PROHIBITED; RELOCATION...................................................................................................... 3 SECTION 8. INDEMNITY AND RISK OF LOSS .................................................................... 4 SECTION 9. INSURANCE REQUIREMENTS......................................................................... 5 SECTION 10. NOTICES............................................................................................................... 5 SECTION 11. ASSIGNMENT OF LICENSE .............................................................................. 6 SECTION 12. AGREEMENT VIOLATIONS LEADING TO TERMINATION........................ 6 SECTION 13. GOVERNING LAW, JURISDICTION AND VENUE ........................................ 6 SECTION 14. MISCELLANEOUS PROVISIONS...................................................................... 6 291
46700.00820\40301483.1
1 RECIPROCAL LICENSE AGREEMENT BETWEEN THE
CITY OF ONTARIO AND
THE CITY OF EASTVALE
FOR THE INSTALLATION AND USE OF FLOCK CAMERAS
This RECIPROCAL LICENSE AGREEMENT (“Agreement”) is made and entered into by and between the City of Ontario, a California municipal corporation (“Ontario”), and the City of Eastvale, a California corporation(“Eastvale”) as of the date fully executed by all Parties (“Effective Date”). Ontario and Eastvale are at times collectively referred to hereinafter as the "Parties" or individually as the "Party."
WHEREAS, Flock Group, Inc. (“Flock”) offers a software and hardware solution for automatic license plate detection through Flock’s technology platform which includes, upon detection, the capability of capturing audio, image, and recordings data of suspected vehicles (“Footage”) and providing notifications to the user (“Notifications”) (collectively, the “Flock Service”); and WHEREAS, Eastvale has requested use of certain Ontario-owned traffic signals, street lights, and standalone poles (“Ontario Poles”) within the public rights-of-way of Ontario to install, maintain and operate cameras (“Flock Cameras”) to use the Flock Service solely for the awareness, prevention, and prosecution of crime, bona fide investigations by police departments, and archiving for evidence gathering (“Permitted Purposes”); and WHEREAS, Ontario has requested use of certain Eastvale-owned traffic signals, street lights, and standalone poles (“Eastvale Poles”) within the public rights-of-way of Eastvale to install, maintain and operate Flock Cameras to use the Flock Service solely for the Permitted Purposes.
Collectively, the Eastvale Poles and Ontario Poles may be referred to as the “Licensed Poles”; and
WHEREAS, each Party will use the Flock Service and any access thereto, subject to the terms and conditions of the Parties’ respective agreements with Flock; and WHEREAS, each Party has the power to regulate the public rights-of-way within its territorial boundaries and allow the use of space on its respective poles and is willing to permit such use by the other Party free of charge, subject to the terms and conditions of this Agreement.
NOW THEREFORE, IN RECOGNITION OF THE MUTUAL CONSIDERATION,
PROMISES, AND REPRESENTATIONS HEREIN, THE RECEIPT AND SUFFICIENCY
OF WHICH IS HEREBY ACKNOWLEDGED, THE ABOVE PARTIES AGREE TO THE FOLLOWING:
SECTION 1. GRANT OF RECIPROCAL, NON-EXCLUSIVE LICENSES
(a) Ontario hereby grants Eastvale a non-exclusive license to use and occupy limited space on certain Ontario Poles identified in Exhibit A hereto, for the purpose of attaching Flock Cameras to use Flock Service for the Permitted Purposes. Eastvale may physically access 292
46700.00820\40301483.1
2 the installed Flock Cameras for maintenance and repair during the following hours: 24 hours, 7 days a week. Prior to Eastvale accessing its Flock Cameras, Eastvale shall provide email notice, at least twenty-four (24) hours in advance, to Ontario at the following email address: [email protected].
(b) Eastvale hereby grants Ontario a non-exclusive license to use and occupy limited space on certain Eastvale Poles identified in Exhibit A hereto for the purpose of attaching Flock Cameras to use Flock Service for the Permitted Purposes. Ontario may physically access the installed Flock Cameras for maintenance and repair during the following hours: 24 hours, 7 days a week. Prior to Ontario accessing its Flock Cameras, Ontario shall provide email notice, at least twenty-four (24) hours in advance, to Eastvale at the following email address: [email protected].
SECTION 2. USAGE RESTRICTIONS AND CONFIDENTIALITY
(a) Usage Restrictions – The Flock Cameras and Flock Service may be used solely for the Permitted Purposes. Neither Ontario nor Eastvale will utilize Footage obtained from any Licensed Pole for any purpose other than the Permitted Purposes, nor will Ontario or Eastvale permit any authorized users to utilize such Footage for any purpose other than the Permitted Purposes.
(b) Confidentiality – Nothing in this Agreement will prevent the Parties from disclosing information pursuant to any judicial or governmental order or to otherwise comply with applicable law. The Parties may access, use, preserve, and/or disclose the Footage to other law enforcement authorities, government officials, and/or third parties, if legally required to do so or if the Party has a good faith belief that such access, use, preservation, or disclosure is reasonably necessary to: (a) comply with a legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent, or otherwise address security, fraud, or technical issues; or (d) protect the rights, property, or safety of the Party or the public as required or permitted by law, including to respond to an emergency situation
SECTION 3. TERM AND AMENDMENTS
(a) Term of Agreement – The term of this Agreement shall be for five (5) years commencing on the Effective Date and ending at midnight on the last day of the term (the “Term”).
Unless either Party provides written notice to the other Party prior to expiration of the Term or Renewal Term that the notifying Party will not renew the Agreement, the Term will automatically renew for additional one (1) year periods (each a “Renewal Term”), upon the same terms and conditions set forth in this Agreement. (b) Effect of Termination – Within thirty (30) days after such expiration or earlier termination, the Parties shall remove their Flock Cameras from the Licensed Poles and restore the Licensed Poles and the public right-of-way to their original condition, reasonable wear and tear excepted.
SECTION 4. CONSTRUCTION, MAINTENANCE AND REPAIR ACTIVITIES 293
46700.00820\40301483.1
3 (a) Compliance with Laws – In the installation, construction, maintenance, replacement, upgrade, and operation of Flock Cameras on the Licensed Poles, each Party shall comply with all applicable federal, state and local laws, ordinances, rules and regulations, whether now existing or hereafter enacted or modified, including but not limited to permit requirements for work performed in the public rights-of-way. (b) Maintenance and Repair of Flock Cameras – Each Party shall keep and maintain their respective Flock Cameras installed on Licensed Poles in good condition and repair throughout the Term, normal wear and tear and casualty excepted. Each Party shall have the right to conduct testing and maintenance activities, and repair and replace damaged or malfunctioning Flock Cameras on Licensed Poles at any time during the Term upon prior notice and approval to the other Party as set forth in Section 1 above. (c) Maintenance and Repair of Licensed Poles- Ontario shall maintain and keep the Ontario Poles in good condition in accordance with Ontario's standard maintenance requirements.
Such maintenance shall be at Ontario's sole cost and expense, except to the extent this Agreement provides otherwise. Eastvale shall maintain and keep the Eastvale Poles in good condition in accordance with Eastvale’s standard maintenance requirements. Such maintenance shall be at Eastvale’s sole cost and expense, except to the extent this Agreement provides otherwise.
(d) Removal of Non-Compliant Installations – Each Party shall have the authority at any time to order and require the other Party to remove any Flock Cameras that are not authorized by this Agreement or are in violation of any federal, state or local law, ordinance, rule or regulation whether now existing or hereafter enacted or modified. After receipt of written notice and thirty (30) days opportunity to cure, in the event that one Party fails or refuses to comply with removing their non-compliant Flock Cameras, the other Party shall have the authority to remove the same. The removal shall be at the expense of the Party owning the Flock Cameras, and the Party owning the removed Flock Cameras shall not be entitled to compensation or damages as a result of the removal.
SECTION 5. INTERFERENCE WITH OTHER FACILITIES PROHIBITED;
RELOCATION
(a) Interference Prohibited – Neither Party shall impede, obstruct or otherwise interfere with the installation, existence and operation of any other facility in the public right-of-way or on the Licensed Poles, including lighting, sanitary sewers, water mains, storm water drains, gas mains, poles, aerial and underground electrical infrastructure, cable television and telecommunication wires, public safety networks, and other telecommunications, utility, or personal property of the other Party.
(b) Relocation of Equipment or Licensed Poles – This Agreement creates no right for either Party to receive any relocation assistance or payment for any reason under the Relocation Assistance Act, the Uniform Relocation Assistance Act, or under any existing or future law upon any termination of the license. Each Party understands and acknowledges that it may be required, at its sole cost and expense, to relocate one or more of its Flock Cameras at the other Party’s direction and upon sixty (60) days’ prior written notice for any of the 294
46700.00820\40301483.1
4 following purposes: (a) if required for the construction, modification, completion, repair, relocation, or maintenance of a public works project; (b) because the Flock Camera is interfering with or adversely affecting proper operation of a Licensed Pole; or (c) to protect or preserve the public health or safety. In any such case, the Party directing the removal shall use reasonable efforts to afford the other Party a reasonably equivalent, alternate location to reinstall its Flock Cameras. If a Party fails to remove a Flock Camera pursuant to this subsection, the Party directing removal may do so in accordance with Section 4(d). (c) Voluntary Relocations. In the event either Party desires to relocate any Flock Camera from a Licensed Pole to another pole, the other Party agrees to use reasonable efforts to accommodate the Party requesting relocation by making another reasonably equivalent pole available for use in accordance with and subject to the terms and conditions of this Agreement.
SECTION 6. INDEMNITY
(a) Mutual Indemnification – Each Party agrees to indemnify, defend, protect, and hold harmless the other Party, its council members, officers, employees, agents, volunteers, and contractors (collectively, the “Indemnitee”) from and against any and all claims, demands, causes of action, suits, proceedings, losses, including pole warranty invalidation, liabilities, fines, charges, penalties, administrative and judicial proceedings and orders, judgments, awards, decrees, settlements, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of the Party, its officials, officers, employees, subcontractors, consultants or agents (collectively, the “Indemnitor”),and all costs and expenses incurred in connection therewith, including reasonable attorney's fees and costs of defense (collectively, the "Losses") to the extent arising from, resulting from, or caused by Indemnitor’s activities undertaken pursuant to this Agreement, including, without limitation, the construction, design, use, or operation of the Flock Camera or the Flock Services, except to the extent arising from or caused by the gross negligence or willful misconduct of the Indemnitee.
(b) Indemnitor shall defend, with counsel of Indemnitee’s choosing and at Indemnitor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against Indemnitee . In addition, Indemnitor shall pay and satisfy any judgment, award or decree that may be rendered against Indemnitee as part of any such claim, suit, action or other proceeding. Indemnitor shall also reimburse Indemnitee for the cost of any settlement paid by Indemnitee as part of any such claim, suit, action or other proceeding.
Such reimbursement shall include payment for Indemnitee’s attorney’s fees and costs, including expert witness fees. Indemnitor shall reimburse Indemnitee and its officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
Indemnitor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the Indemnitee.
295
46700.00820\40301483.1
5 (c) Limitation on Consequential Damages -- Neither party shall be liable to the other, or any of their respective agents, representatives, or employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of Flock Service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise.
SECTION 7. INSURANCE REQUIREMENTS
(a) Ontario and Eastvale shall respectively maintain the following insurance coverage during the Term of this Agreement.
Parties shall each provide an endorsement that the insurer waives the right of subrogation against the other Party and its elected officials, officers, employees, agents and representatives. All defense costs shall be outside the limits of the policy. Each Party shall name the other as an additional insured on the commercial general liability insurance. (b) Ontario and Eastvale shall furnish certificates and amendatory endorsements evidencing coverage required by this Section. All certificates and endorsements are to be received and approved before the Effective Date. However, failure to obtain the required documents prior to the Effective Date shall not waive any obligation to provide them. Ontario and Eastvale reserve the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by this Section at any time.
SECTION 8. NOTICES
(a) Notice – Notices required by this Agreement may be given by overnight courier or certified mail, postage prepaid. Either Party shall have the right, by giving written notice to the other, to change the address at which its notices are to be received. Until any such change is made, notices shall be delivered as follows:
Type of Coverage Amounts
1. Workers’ Compensation and
Employers’ Liability
$1,000,000 per accident for bodily
injury and disease
3. Commercial General Liability
Insurance to include coverage for the
following:
a. a. Contractual liability
b. Cross-liability
c. Products/complete operations
d. Property damage
Combined Single Limit for Bodily
Injury and Property Damage of
$2,000,000 per occurrence and
General Aggregate limit of $4,000,000
4. Business Automobile Liability Combined Single Limit for Bodily Injury and Property Damage of
$2,000,000 per occurrence
296
46700.00820\40301483.1
6 If to Ontario:
City of Ontario
303 E. B St
Ontario CA 91764
Attn: Engineering Front Counter
With a copy to:
City of Ontario
303 E. B St.
Ontario CA 91764
Attn: City Clerk’s Office
SECTION 9. ASSIGNMENT OF LICENSE
(a) Limited Right of Assignment – This Agreement may not be transferred, assigned or sublicensed by either Party without the prior approval of the other Party, which shall not be unreasonably delayed or withheld.
SECTION 10. AGREEMENT VIOLATIONS LEADING TO TERMINATION AND
TERMINATION FOR CONVENIENCE
(a) Events of Termination – This Agreement may be terminated before the expiration of the Term or Renewal Term on written notice by either Party, if the other Party materially breaches any provision of this Agreement and such breach is not cured within thirty (30) days after receipt of written notice of such breach.
(b) No Waiver of Duties – Termination of this Agreement does not relieve either Party from the obligation concerning any claim for damages against it under this Agreement. Each Party’s rights, options, and remedies under this Agreement are cumulative, and no one of them is exclusive of the other. A Party may pursue any or all such remedies or any other remedy or relief provided by law, whether or not stated in this Agreement. (c) Termination for Convenience – Notwithstanding the foregoing, wither Party may terminate this Agreement at any time for convenience upon providing the other Party with thirty (30) days’ written notice.
SECTION 11. JURISDICTION AND VENUE
(a) Jurisdiction and Venue – This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of San Bernardino.
SECTION 12. MISCELLANEOUS PROVISIONS
(a) No Waiver – None of the material provisions of this Agreement may be waived or modified except expressly in writing signed by the Parties. Failure of either Party to require If to Eastvale:
City of Eastvale
12363 Limonite Ave., Suite 910
Eastvale, CA 91752
Attn: Community Safety Director
297
46700.00820\40301483.1
7 the performance of any term in this Agreement or the waiver by either Party of any breach thereof shall not prevent subsequent enforcement of this term and shall not be deemed a waiver of any subsequent breach.
(b) Severability – If any clause or provision of the Agreement is illegal, invalid, or unenforceable under present or future laws effective during the Term, then and in that event it is the intention of the Parties hereto that the remainder of this Agreement shall not be affected thereby, and it is also the intention of the Parties that in lieu of each clause or provision of this Agreement that is illegal, invalid, or unenforceable, there be added as part of this Agreement a clause or provision as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable. (c) Captions – The captions contained in this Agreement are for convenience of reference only and in no way limit or enlarge the terms and conditions of this Agreement. (d) Extent of Agreement – This Agreement, together with its attached exhibits, embodies the complete agreement of the Parties, superseding all oral or written previous and contemporary agreements between the Parties and relating to this Agreement. (e) Authority – Each of the signatories of this Agreement hereby represents and warrants that they have full authority to execute this Agreement on behalf of Eastvale or Ontario respectively.
(f) Change of Law – If any state or local laws or regulations and any binding judicial interpretations thereof (collectively, “Laws”) that govern any aspect of the rights or obligations of the Parties under this Agreement shall change after the Effective Date and such change makes any aspect of such rights or obligations inconsistent with the then- effective Laws, then the Parties agree to promptly amend the Agreement as reasonably required to accommodate and/or ensure compliance with any such legal or regulatory change.
(g) Force Majeure – The respective duties, obligations, and performance of the Parties herein shall be suspended and no Party shall face liability for same while and so long as performance hereto is prevented or impeded by a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action, only to the extent such strikes and other organized labor action are beyond the control of the Parties. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the public.
298
46700.00820\40301483.1
8 (h) No Partnership or Joint Venture – The Parties to this Agreement shall in no way be partners or joint venturers with each other and nothing herein shall be construed to make them partners or joint venturers or impose any liability as such on either of them. (i) Counterparts – This Agreement may be executed in multiple counterparts, each of which is an original. Regardless of the number of counterparts, they constitute only one agreement. In making proof of this agreement, it is not necessary to produce or account for more counterparts than are necessary to show execution by or on behalf of all Parties.
EXECUTED and AGREED.
CITY OF ONTARIO CITY OF EASTVALE
_________________________________
(Signature) (Signature)
Printed Name: KHOI DO Printed Name: Mark Orme
Title: City Engineer Title: City Manager
Date: Date:
APPROVED AS TO FORM: APPROVED AS TO FORM:
_____________________________ _______________________________ City Attorney City Attorney
299
46700.00820\40301483.1
1 EXHIBIT A
FLOCK CAMERA LOCATIONS
Site ID # Flock Camera GIS Coordinates
4310 Mills Cir,
Ontario,
CA
91764
34.018727, -117.558408 (SW Corner
of Riverside & Hamner)
Camera #23 Eastvale
12656 Cantu-
Galleano
Ranch
Rd,
Eastvale,
CA
91752
34.0010058205224,-
117.55882033767803 (SW
Corner of Ontario Ranch Rd
& Hamner)
Camera #70 Ontario
4838 Hamner
Ave,
Eastvale,
CA
91752
34.00115482553252,-
117.55821608308752 (SE
Corner Hamner & Cantu-
Galleano Ranch)
Camera #80 Ontario
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
AGENDA STAFF REPORT
City Council Meeting
CONSENT CALENDAR
Agenda Item No. 11.10
January
8, 2025
Finding of Conformity to Eastvale General Plan 2040 for City Acquisition of Property for Civic Center
Prepared By:
Gustavo N. Gonzalez, Community Development Director
Recommended Action(s)
Staff recommends that the City Council adopt a resolu
on finding that the acquisi
on of the
property generally located between Bootsma Boulevard and Premier Place and northwest of the intersec
on of Limonite Avenue and Hamner Avenue (Lots 5 and J within the Leal Master Plan Amendment No. 1; also Lots 65 & "S" of Tract Map 38594) for public purposes conforms with the Eastvale General Plan 2040.
Summary
The City of Eastvale entered into a Development Agreement with New Homes Southern California LLC (“Developer”) wherein Developer will convey certain property located within the Leal Master Plan to the City in exchange for credits against parkland for the purpose of construc ng a civic
center (the “Civic Center Site”). The City Council is required to make a determina on pursuant to
California Government Code Sec
on 65402 that the acquisi
on of 6.61-acre Civic Center Site located
within the Leal Master Plan conforms with the Eastvale General Plan 2040, a?er receiving a report from the Planning Commission on it's finding of conformity. Staff recommends that the City Council find that the proposed acquisition of the Civic Center Site is consistent with the City’s General Plan.
Background
The City of Eastvale entered into a Development Agreement with New Homes Southern California LLC (“Developer”) wherein Developer will convey certain property located within the Leal Master Plan to the City for the purpose of construc
ng a civic center (the “Civic Center Site”). The Civic Center Site consists of two parcels of land totaling 6.61 acres, inclusive of APN # 164-060-043 and 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
325
164-030-013. The two parcels have been rough graded and blue topped, with all u li
es stubbed to
the property line. The Developer must provide complete streets as a condition of conveyance.
The Developer will convey the Civic Center Site in exchange for credits against parkland dedica on
fees within 10 days a?er the effec
veness of the First Amendment to the Development Agreement.
On December 11, 2024, the City Council approved the second reading of the ordinance approving the First Amendment to the Development Agreement, with the ordinance becomes effec ve 30
days therea?er. The expected conveyance date is on or before January 20, 2025. California Government Code Sec
on 65402 requires that prior to the acquisi
on of real property for street,
square, park or other public purposes, the the Planning Commission must report to the City Council its determina
on as to conformity with the City’s adopted General Plan, and therea?er the City Council must make a finding of conformity.
Staff requests a determina
on by the City Council of General Plan consistency for the proposed acquisi
on of the Civic Center Site. Staff recommends that the City Council find that the proposed acquisi
on of the Civic Center Site is consistent with the City’s General Plan by adop ng the
aGached Resolu
on. On December 18, 2024 the Planning Commission adopted a Resolu on finding
the acquisition of the Civic Center Site consistent with the City’s General Plan ( Attachment 1
).
Analysis
The Civic Center Site consists of 6.61 acres of land generally located between Bootsma Boulevard and Premier Place, northwest of the intersec
on of Limonite Avenue and Hamner Avenue. The Civic
Center Site includes Planning Area 5 and Planning Area J within the Leal Master Plan ( Attachment
#2
). The Civic Center Site is surrounded by proposed mul -family uses on Planning Area 2 and
Planning Area 4, and single-family residen
al uses on Planning Area 6 and Planning Area 8.
Commercial uses adjoin the Civic Center Site on Planning Area 3 and a proposed park on adjoining Planning Area L.
The Civic Center Site is designated for Downtown (Lot 5) and Parks/Open Space (Lot J). Civic center uses are permiGed within these land use designa
ons. Staff determined the Leal Master Plan
(
A4achment #3
) to be consistent with the goals, policies, and general land uses described in the City’s General Plan. The conveyance and acceptance of Lots 5 and J will encourage a mix of uses, including retail, experien
al uses, office, civic, residen
al, and recrea
on/entertainment, that help
create a Downtown Village. The Civic Center will improve the delivery of public services and create a focal point for the community. Staff recommends that the City Council find the proposed acquisition of the Property is consistent with the City’s General Plan.
Environmental
In 2017, the City Council cer
fied an Environmental Impact Report (EIR) (State Clearinghouse No. 2015031028) for the Leal Master Plan. On May 11, 2022, the City Council approved the Leal Master Plan Amendment #1 which was accompanied by an Addendum to the Leal Master Plan EIR addressing the changes to the original Master Plan. The environmental analysis presented in the Addendum to the Leal Master Plan EIR determined that to avoid new or more severe significant impacts, the maximum development intensity on the Leal Property is 2,500 residen al units and
595,000 square feet of general commercial, office, and civic center uses. The Civic Center Uses were encompassed within the non-residen
al development evalua
on, therefore, no further
environmental review is required under the California Environmental Quality Act (CEQA). 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
326
Strategic Plan Action - Priority Level: 1
| Target #: E
| Goal #: A
Develop and Construct Civic Center.
Fiscal Impact
Upon conveyance, the City will receive a land asset valued at $8,000,000 (2024 appraisal value). In accordance with the Development Agreement, the City will grant 6.61 acres of parkland dedica on
fee credits valued at $3,305,000 for a net benefit to the City of $4,695,000. The City intends to construct a civic center on the Civic Center Site. The Civic Center will have significant capital and operating costs that will be the subject of subsequent City budgetary approvals.
Prior City Council/Commission Action
On December 13, 2017, the City Council approved the Leal Master Plan and associated Environmental Impact Report.
On May 11, 2022, the City Council approved an amendment to the Leal Master Plan and entered into a Development Agreement with The New Home Company to facilitate the development of the Leal Master Plan, including the opportunity to nego
ate an op on for the City to acquire and
develop the 16-acre civic center and commercial core area.
On October 16, 2024, the Planning Commission found the First Amendment to Development Agreement No. 003 by and between the City of Eastvale and The New Home Company consistent with the Eastvale General Plan 2040 and the Leal Master Plan, and recommended City Council approval of the First Amendment to Development Agreement No. 003.
On November 13, 2024, the City Council introduced the ordinance to approve the First Amendment to Development Agreement No. 003 and found the amendment consistent with the Eastvale General Plan 2040 and the Leal Master Plan.
On December 11, 2024, the City Council adopted the ordinance to approve the First Amendment to Development Agreement No. 003.
On December 18, 2024 the Planning Commission adopted a Resolu on finding the acquisi
on of the
Civic Center Site consistent with the City’s General Plan.
Attachment(s)
Attachment 1 - Planning Commission Resolution
Attachment 2 - LMP Land Use Plan
Attachment 3 - Tract Map No. 38594
Attachment 4 - City Council Resolution
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
RESOLUTION NO. 25-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE
DETERMINING THAT THE ACQUISITION OF THE PROPERTY
KNOWN AS LOTS 5 AND J WITHIN THE LEAL MASTER PLAN (LOTS 65 & "S" OF TRACT MAP 38594) GENERALLY LOCATED BETWEEN
BOOTSMA BOULEVARD AND PREMIER PLACE, NORTHWEST OF
THE INTERSECTION OF LIMONITE AVENUE AND HAMNER AVENUE
FOR PUBLIC PURPOSES CONFORMS WITH THE EASTVALE
GENERAL PLAN.
The City Council of the City of Eastvale does hereby resolve as follows:
I. The City Council finds and determines as follows:
A. That the City of Eastvale proposes to acquire 6.61 acres of vacant and improved land (Lots 5 and J within the Leal Master Plan Amendment No. 1; also Lots 65 & "S" of Tract Map 38594) for the purpose of constructing a civic center within the Leal Master Plan Amendment No. 1.
B. That California Government Code Section 65402(a) provides that a city shall not acquire or dispose of any real property or authorize a public building within the corporate limits of a city until the location, purpose, and extent of the project has been reported by the local planning agency as to the conformity with the applicable, adopted general plan.
C. That the proposed acquisition of the subject property is consistent with the Leal Master Plan Amendment No. 1, which has been found to be in conformance with the City’s General Plan.
D. That the proposed acquisition of the subject property would encourage a mix of uses, including retail, experiential uses, office, civic, residential, and recreation/entertainment that help create a Downtown Village. Furthermore, the Civic Center will improve the delivery of public services and create a focal point for the community.
E. That the development of a civic center was a contemplated use under the Leal Master Plan Amendment No. 1 and the Addendum to the Leal Master Plan EIR and no additional environmental documentation is required at this time.
II. The City Council hereby determines that that the location and purpose for the proposed acquisition of approximately 6.61 acres of improved land (APN 164-060-043 and 164-030-013) by the City of Eastvale is in conformance with the Eastvale General Plan and the Leal Master Plan Amendment No. 1.
361
PASSED, APPROVED AND ADOPTED this 8th day of January 2025. ______________________________
Michael McMinn
Mayor
APPROVED AS TO FORM: ATTEST:
_____________________________ ______________________________ Erica Vega Marc Donohue, MMC
City Attorney City Clerk
362
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §
CITY OF EASTVALE)
I, Marc Donohue, City Clerk of the City of Eastvale, California, do hereby certify that the foregoing City Council Resolution No. 25-XX, was duly adopted by the City Council of the City of Eastvale, California, at a meeting held on the 8th day of January 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Marc Donohue, MMC
City Clerk
363
AGENDA STAFF REPORT
City Council Meeting
CONSENT CALENDAR
Agenda Item No. 11.11
January
8, 2025
Le'er of Support for the Riverside County Regional Park and Open-Space District's (RivCoParks) effort to garner federal grant funding for Phase 6 the Santa Ana River Trail (SART) Project.
Prepared By:
Mark Orme, City Manager
Recommended Action(s)
Staff recommends that the City Council authorize approval for the Mayor to sign a le er of support
for an applica
on being submi
ed by RivCoParks, with the support of the Riverside County Transporta
on Commission (RCTC), for a Rebuilding American Infrastructure with Sustainability and Equity (RAISE) funding grant.
Summary
The City of Eastvale con
nues to work on regional collabora
on on various fronts. This
recommended ac
on was requested by RivCoParks to further their effort to expand and make safe the Santa Ana River Trail (SART) system, par
cularly in the area of Green River. This ac
on would
authorize a le
er of support as RivCoParks, in partnership with RCTC, a empts to garner federal
funding for Phase 6 of the SART project.
Background
The City of Eastvale’s past support for Riverside County Regional Park and Open-Space District's (RivCoParks) effort to apply for funding for the Santa Ana River Trail (SART) project has shown the City's willingness to be a key partner in suppor
ng regional efforts to enhance the quality of life for
Eastvale residents and the region. Within the past couple of weeks, RivCoParks reached out, once again, to request a letter in support of Phase 6 (the pinch point) of the SART project. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
364
RivCoParks, with the support of the Riverside County Transporta on Commission (RCTC), is applying
for the
Rebuilding American Infrastructure with Sustainability and Equity (RAISE) funding. Phase 6 of
the project will build a 1.5-mile sec
on of SART where the trail will intersect with the BNSF railroad line located near the Green River Golf Club serving several underserved communi es facing traffic
proximity, volume, and transporta
on op
ons issues. Connec
ng these communi
es to the SART
will provide much-needed green space, ac
ve transporta
on op
ons, and regional connec
vity.
RAISE funding will specifically be used to construct two bridges - one over the BNSF railroad crossing and another over Aliso Creek.
Environmental
RivCoParks will ensure all environmental requirements are met to develop this project.
Strategic Plan Action - Priority Level: N/A
| Target #: E
| Goal #: E
Improve connectivity through the trails system.
Fiscal Impact
None for the City of Eastvale.
Prior City Council/Commission Action
The City Council has previously voiced support for the SART project.
Attachment(s)
Attachment 1 - RivCO SART Factsheet
Attachment 2 - Letter of Support
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
365
Riverside County Regional Park & Open-Space District (RivCoParks), with the support of the Riverside County Transportation Commision (RCTC), is seeking Rebuilding American Infrastructure with Sustainability and Equity (RAISE) funding to complete phase 6 of the Santa Ana River Trail (SART). SART is a regional trail providing access to communities across Orange, Riverside, and San Bernardino Counties. Phase 6 of the project will build a 1.5-mile section of SART where the trail will intersect with the BNSF railroad line located near the Green River Golf Club, a public golf course serving several underserved communities facing traffic proximity, volume, and transportation options issues. Connecting these communities to the SART will provide much-needed green space, active transportation options, and regional connectivity. RAISE funding will specifically be used to construct two bridges- one over the BNSF railroad crossing and another over Aliso Creek. The proposed BNSF overhead bridge will grade separate a railroad crossing posing significant safety concerns in an area critical to the equitable access of public recreational facilities. Due to high foot traffic and golf carts in the area, the current grade crossing poses safety concerns and has been the site of one fatality. The railroad crossing at Green River Golf Club will be relocated and grade separated to provide safe and equitable access to the regional Santa Ana River Trail (SART).
FACTSHEET
Building Bridges:
Enhancing Tri-County Trail Access and Safety
366
January 8, 2025
The Honorable Pete Buttigieg
US Department of Transportation
1200 New Jersey Avenue, SE
Washington, DC 20590
RE: Letter of Support for Riverside County Regional Park and Open-Space District’s RAISE Application
Dear Secretary Pete Buttigieg:
On behalf of the City of Eastvale, I would like to express our support for the Building Bridges: Enhancing Tri-County Trail Access and Safety Project. This funding request would connect underserved communities to a regional trail system through constructing two critical bridges along the Santa Ana River Trail, including a bridge over an at grade railroad crossing with significant safety concerns. Safety improvements are needed at this location, in which there are currently no gates or warning signals.
Tragically, a death occurred at this crossing in 2014 when a cement truck was struck by a train.
This BNSF overhead crossing will not only prevent future tragedies from occurring by providing grade separation, but it is also part of a plan to connect the Green River Golf Club and communities in Riverside County to the S anta Ana River Trail in Orange County and San Bernadino County, moving towards fulfilling the shared vision of a regional trail through three counties and over 100 miles of trail.
As the population of Southern California continues to grow and open space areas diminish, it is becoming increasingly important to conserve our natural resources and to provide opportunities for recreation where residents of our communities can fully appre ciate those resources. This segment of the Santa Ana River Trail will create recreational opportunities for individuals in neighboring communities, including communities designated as disadvantaged through the Climate and Economic Justice Screening Tool.
The trail will link parks and points of interest along the River from the Pacific Ocean to the San Bernardino Mountains. The presence of a regional trail will enhance the value of housing, attract businesses and employees to the area, provide alternative commuter options to a region with some of the worst traffic in the nation, and provide access to outdoor recreational amenities which will contribute to a healthier lifestyle and result in improved quality of life for the local community. The Santa Ana River Watershed, home to seven million residents, is an ethnically diverse region and once completed, the trail will provide free access to open space for users of all income levels. On behalf of the City Council of the City of Eastvale, we strongly urge you to grant this funding request for the Santa Ana River Trail. Thank you for your consideration.
Sincerely,
Mike McMinn
Mayor
367
AGENDA STAFF REPORT
City Council Meeting
CONSENT CALENDAR
Agenda Item No. 11.12
January
8, 2025
Third Contract Amendment with FALCON Engineering Services for the Limonite Gap Closure Project
Prepared By:
Jimmy Chung, Public Works Director/City Engineer
Recommended Action(s)
Staff recommends that the City Council approve the Third Amendment to the Professional Services Agreement with FALCON for the Limonite Gap Closure Project increasing the contract amount by $55,000 and amending the total contract compensation to $2,251,969.08.
Summary
On January 12, 2022 the City Council approved a Professional Services Agreement with FALCON Engineering Services in the amount of $2,196,969.08 for providing construc3on management and inspec3on services for the Limonite Gap Closure Project. The contract was amended on July 26, 2023 to increase the contract amount by $26,000 to account for the construc3on management and inspection services to be provided for JCSD's water main work.
The cri3cal path items have been completed. However, the closure of open permits with the stakeholders and coordina3on of miscellaneous items are s3ll in progress. To ensure the successful comple3on and closeout of the project, Falcon has submi7ed an addi3onal fund request of $55,000 to cover construction management and inspection support for the Limonite Gap Closure Project.
Background
The addi3onal fund request stems from a number of different tasks. Below is a summary of the requested work:
Summary of Request Work 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
368
Project oversight and contract administra3on, including Contract Change Orders (CCO), daily and weekly reports, responding to correspondences, lead mee3ngs, process RFIs, submi7als, and cost estimates
Project documenta3on and repor3ng, budget and schedule monitoring, quality control and assurance.
Coordina3on and communica3on among stakeholders, problem resolu3on, final inspec3ons, review of project documentation for completeness, and facilitation of project closeout Documenta3on of construc3on ac3vi3es, ensuring compliance with project specifica3ons, including material acceptance and workmanship.
Verification of field measurements and preparation of quantity sheets.
Environmental
A Mi3gated Nega3ve Declara3on 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 #: 5
| Goal #: 3
Plan for landscape, roads and street maintenance
Fiscal Impact
Total fiscal impact is $55,000. Adequate budget is available under Capital improvement Plan Project No. 93026 for the Limonite Gap Closure project in the Transporta3on Uniform Mi3ga3on Fee (TUMF) under account (270-510-6662-93026) in FY24/25.
Prior City Council/Commission Action
On May 22, 2019, City Council approved a Professional Services Agreement with Mark Thomas for Planning, Engineering, and Environmental Work for Limonite Avenue, and Bridge over Cucamonga Creek.
On October 23, 2019, City Council provided direc3on regarding the Limonite Gap Closure Project Concept Review to allow the use of a roundabout for the intersec3on for the intersec3on 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 Gap Closure Project.
On September 9, 2020, City Council adopted a Mi3gated Nega3ve Declara3on for the Limonite Gap Closure Capital Improvement Project.
On September 8, 2021, City Council approved the first amendment to the Mark Thomas Professional Services Agreement.
Attachment(s)
Attachment 1 - Third Amendment to Agreement
Attachment 2 - Original Agreement
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
369
4899-1769-9847 v1
1 THIRD AMENDMENT TO AGREEMENT
This Third Amendment to Agreement (“Third Amendment”) is entered into this 8th day of January, 2025 by and between the City of Eastvale, a municipal corporation (“City”) and FALCON Engineering Services, a California corporation (“Contractor”), as follows:
RECITALS
A. City and Contractor entered in an agreement for construction management services on January 12, 2022 (“Agreement”) with a n ot to exceed amount of $2,076,579.12.
B. A First Amendment to the Agreement was approved by the City Council on July 26, 2023 to expand the Sope of Work to include oversight to JCSD’s waterline work and increase the compensation not to exceed amount by $26,000.
C. A Second Amendment to the Agreement was executed on October 9, 2024 to remedy the administrative error in the contingen cy amount in the Agreement and correct the total compensation not-to-exceed amount to $2,196,969.08.
D. This Third Amendment to the Agreement increases the contract amount by $55,000 and amends the total contract compensation to $2,251,969.08.
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 Third Amendment which modifies and amends the Agreement as follows:
1. AMENDMENTS
(a) Compensation and Method of Payment . Section 4(a) of the Agreement is amended to increase the total compensation not e xceed amount to Two Million Two Hundred Fifty One Thousand Nine Hundred Sixty Nine Dollars and Eight Cents ($2,251,969.08), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of the Agreement.
2. GENERAL PROVISIONS
(a) Remainder Unchanged. Except as specifically modified and amended in this Third Amendment, the Agreement remains in full force and effect and binding upon the parties.
370
4899-1769-9847 v1
2 (b) Integration. This Third 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 Third Amendment.
(c) Effective Date. This Third Amendment shall not become effective until 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 Third Amendment. (e) References. All references to the Agreement include all their r espective terms and provisions. All defined terms utilized in this Third Amendment have the same meaning as provided in the Agreement, unless expres sly stated to the contrary in this Third Amendment.
IN WITNESS WHEREOF , the Parties hereto have executed this Agreement on the date and year Third-above written.
CITY OF EASTVALE
___________________________
Mark Orme
City Manager
ATTEST:
___________________________
Marc Donohue
City Clerk
371
4899-1769-9847 v1
3 APPROVED AS TO FORM
_______________________________
Erica Vega
City Attorney
FALCON Engineering Services
By: ____
Name: ___________________________
Its: ______________________________
NOTE: CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZ ED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY B E
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.
372
373
374
375
376
377
378
379
380
381
382
383
384
385
386
387
388
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.
389
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:
390
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.
391
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. 392
SCOPE OF WORK
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.
393
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.
394
SCOPE OF WORK
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. 395
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
396
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 397
SCOPE OF WORK
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.
398
SCOPE OF WORK
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 399
SCOPE OF WORK
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.
400
SCOPE OF WORK
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.
401
SCOPE OF WORK
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 402
SCOPE OF WORK
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 403
SCOPE OF WORK
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. 404
SCOPE OF WORK
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 405
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:
406
SCOPE OF WORK
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
407
SCOPE OF WORK
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:
408
SCOPE OF WORK
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 409
SCOPE OF WORK
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.
410
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. 411
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:
412
SCOPE OF WORK
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 413
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 414
SCOPE OF WORK
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:
415
SCOPE OF WORK
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. 416
SCOPE OF WORK
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.
417
418
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 419
420
421
422
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
423
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
424
425
426
427
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