January 2020
Local Assistance Procedures Manual
EXHIBIT 10-H1 COST PROPOSAL Page 3 of 3
EXHIBIT 10-H1
Cost Proposal
Certification of Direct Costs:
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related
6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.
Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).
Prime Consultant or Subconsultant Certifying:
Name: Title * Senior Vice President
Signature : —` Date of Certification: March 16, 2023
Email: wfa is h(cilfalcon-ca.com Phone Number: (951) 264-2350 Address: 41593 Winchester Rd, #120, Temecula, CA 92590
*An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.
List services the consultant is providing under the proposed contract:
Project Manager/Resident Engineer /Civil Engineer/ Roadway Engineer/Structure Engineer/ Electrical/ Traffic Safety Office Engineer/Labor/Health/Safety/Administration/Inter-agency Coordination
January 2020
ATTACHMENT NO. 02 — SCOPE OF SERVICES
FALCON Construction Management Scope of Services
Engineering Services
City of Temecula
I-15/French Valley Parkway Improvements - Phase II
Construction Management Scope of Services
Contents
1 -Project Description................................................................................................................................ 2 2 - Construction Management GeneralServices...................................................................................... 2
2.1 Project Controls System Development.............................................................................................................................2
2.2 Monthly Project Progress Meetings and Reports...........................................................................................................3
2.3 Document Management System......................................................................................................................................4
2.4 Neighborhood Liaison Strategy.......................................................................................................................................4
2.5 Sub -Consultant Management..........................................................................................................................................5 3 - Pre -Construction Phase Services......................................................................................................... 6 3.1 Pre -Construction Coordination........................................................................................................................................6
3.2 Construction Management Plan......................................................................................................................................6
3.3 Pre -construction Walk Through......................................................................................................................................8
3.4 Environmental Compliance Prior to Start of Construction............................................................................................8 4 - Construction Management Services.................................................................................................... 9 4.1 Pre -construction Conferences..........................................................................................................................................9
4.2 Communications and Correspondence..........................................................................................................................10
4.3 Project Changes and Construction Change Order Management.................................................................................10
4.4 Monthly Construction Progress Reports.......................................................................................................................12
4.5 Schedule Monitoring......................................................................................................................................................12
4.6 Cost Monitoring..............................................................................................................................................................13
4.7 Progress / Coordination Meetings.................................................................................................................................13
4.8 Payment Recommendations...........................................................................................................................................14
4.9 Safety...............................................................................................................................................................................14
4.10 Environmental Coordination & Biological Monitoring.............................................................................................15
4.11 Neighborhood Communication /Public Information.................................................................................................17
4.12 Traffic Control and Signal Timing..............................................................................................................................18
4.13 Submittal Management and Review...........................................................................................................................19
4.14 Request for Information (RFI) Management and Review.........................................................................................20
4.15 Document Management...............................................................................................................................................20
4.16 Review Certified Payrolls............................................................................................................................................21
4.17 Storm Water Pollution Prevention Plan(SWPPP).....................................................................................................21 5 - Construction Inspection Services...................................................................................................... 22 5.1 Inspection and Documentation......................................................................................................................................22
5.2 Materials Testing, Construction Testing & Quality Assurance Program (QAP).......................................................23
5.3 Surveying........................................................................................................................................................................24
5.4 Review and Maintain "As Constructed Schedule"......................................................................................................26
5.5 Maintain Photographic and Video Records of Construction Progress.......................................................................26
5.6 Review and Maintain "As Built" Drawings.................................................................................................................27
5.7 Final Inspection and Punch-list.....................................................................................................................................27
5.8 Final Acceptance - Punch List Assistance...................................................................................................................28 6 - Construction CloseoutActivities....................................................................................................... 28 6.1 Contract Closeout...........................................................................................................................................................28
6.2 Project As -Built Drawings.............................................................................................................................................29
6.3 Final Project Report .......................................................................................................................................................29
6.4 Final Payment, Final Report of Expenditure Checklist...............................................................................................29
6.5 Audit Support.................................................................................................................................................................30 7 - Field Office and EmployeeEquipment............................................................................................. 30 8 - Responsibility Matrix........................................................................................................................ 31 CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 ■
FALCON
Engineering Services
Construction Management Scope of Services
1 - Proj ect Description
The I-15/French Valley Parkway Improvements — Phase II project will construct a two-lane northbound collector/distributor system along I-15 from the I-15/Winchester Road interchange northbound on -ramps to just north of the I-15/I-215 junction, providing connectors to I-15 and I- 215 in the cities of Temecula and Murrieta. Construction will include freeway widening, bridge widening, new bridge, new retaining walls, new soundwalls, and modification to existing drainage, traffic signal and lighting systems, signs and pavement delineation.
The anticipated construction contract time is 450 working days and contract value of $71.5M.
The City of Temecula (CITY) is the Project Sponsor and Implementing Agency, with Caltrans providing full oversight. The Engineer of Record is T.Y.Lin International (EOR or Designer). The construction contract will be paid, in part, with Federal and State funds.
This Scope of Services summarizes activities to be performed by the Construction Management firm (CONSULTANT, CM, RE, Resident Engineer, or ENGINEER) and/or its sub consultants. It is not meant to be comprehensive. Generally, the CM firm shall perform activities, on behalf of and in conjunction with the CITY, as necessary to administer the construction contract.
All activities shall be performed in accordance with the guidelines and requirements of the CITY, Caltrans, and FHWA.
2 — Construction Management General Services
2.1 Project Controls System Development
Purpose:
To develop an integrated cost and schedule information system to provide up-to-date and accurate information regarding schedules, budgets, expenditures, and change orders to ENGINEER managers, contractors, Caltrans, and the CITY.
The master schedule of the Project Controls System (PCS) will enable critical activities and interrelationships between the contractors, suppliers, the CITY, the CITY's Project Manager, design engineers, environmental monitors, CHP, utility companies, Biologist and construction manager (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.
Automating the above information will enable timely analysis, intervention, and decision -making to efficiently control the Project.
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 2
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Engineering Services
Construction Management Scope of Services
Approach:
CONSULTANT will develop the PCS using available software. 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, the Biologist, and construction manager. The schedule will be structured to include the following:
Primary contractor work activities, including major submittals, required accomplishing the work.
5 Principal work activities of the CONSULTANT construction manager, the CITY's project manager, design consultants, Biologists, contractors, and suppliers. 5 Activities necessary for regulatory compliance.
5 Activities related to utility relocations.
5 Relationships between submittals, approvals, procurement, and delivery ofmaterials.
E Milestones associated with permitting and approvals.
0 Any activity requiring coordination with the CITY, Caltrans Oversight, and other local utility/regulatory agencies.
5 Substantial and final completion dates.
The cost accounting format will use a work breakdown structure and cost categories compatible with the CITY's cost accounting system. The work breakdown structure will be based on the Contractor's activities and will provide the basis for cost -loading activities in the schedule.
Assumptions:
1. The initial master project schedule will be developed based on information available before awarding the construction contracts.
2. The CITY will provide a description of the CITY invoicing requirements and guidelines for project work breakdown structure and cost reporting format.
3. CITY will provide copies of all consultant contracts including scope of services and budgets.
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.
2.2 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.
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01
FALCON
Engineering Services
Construction Management Scope of Services
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 progress 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.
3. Monthly Progress Reports will be provided to the CITY at the beginning of nextmonth.
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 the responsibility of the Contractorwill be addressed quarterly with adjustments being made to progress payments.
Deliverables:
1. Monthly project progress report.
2. Monthly progress review meetings with minutes/summaries.
2.3 Document Management System
Purpose:
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, using available software 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 ENGINEER project team.
2.4 Neighborhood Liaison 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 CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 4
FALCON
Engineering Services
Construction Management Scope of Services
public inquiries regarding the Project, and to coordinate with the CITY, law enforcement, emergencX 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 neighborhood liaison strategy. However, the CITY will provide general guidelines for community and neighborhood affairs, dictate protocol, and initiate contact with local elected officials, as required. The CITY will be responsible for the review and approval of the overall plan.
Deliverables:
1. CONSULTANT: Draft Neighborhood Affairs Strategy memorandum.
2. CITY: Review and comment on draft Affairs Strategy memorandum.
3. CONSULTANT: Final Neighborhood Affairs Strategy memorandum.
2.5 Sub -Consultant Management
Purpose:
To coordinate and manage sub -consultant services contracted with CONSULTANT. Sub- consultants include inspectors, surveyors, landscape architects, materials testing consultants, biologists, and/or others, to be determined at a later date and secured at reasonable rates.
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.
CONSULTANT will work with consultants contracted directly with the CITY. CONSULTANT will review and approve invoices provided by CITY consultants and forward said invoices to the CITY for processing and payment.
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 consultant 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.
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01
FALCON
Engineering Services
Construction Management Scope of Services
2. Copies of all sub -consultant invoices billed through CONSULTANT.
3. Original invoices reviewed and approved by CONSULTANT for CITY contracted consultants. 3 — Pre -Construction Phase Services
CONSULTANT shall provide specialized services during the project Pre -Construction phase. These services are intended to involve the construction manager early in the Project and to provide advanced planning for construction phase activities.
3.1 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.
3.2 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 Procedures Manual. The Manual will be a 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.
Assumptions:
The final project manual will be bound in a three-ring binder to facilitate future revisions.
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.
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 6
FALCON Construction Management Scope of Services
Engineering Services
3.1 Local Assistance Documentation / Federal Contract Management Requirements Purpose:
To assist the CITY in field observation, testing and preparation of documentation required for compliance with FHWA Contract Management Requirements as detailed in the Caltrans's 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. Subsections included in various chapters have been discussed in detail throughout the sections of the Scope of Services for this Project:
o Chapter 1, Introduction and Overview
o Chapter 5, Invoicing
o Chapter 7, Field Review
o Chapter 12, Plans, Specifications & Estimate
o Chapter 14, Utility Facility
o Chapter 15, Advertise and Award Project, including the following sections:
o Approval for Local Agency to Administer Projects.
o Project Advertisement,
o Contract Bid Opening
o Contract Award
o Award Package
Chapter 16, Administer Construction Contracts, including the following:
o Project Supervision and Inspection
o Pre -Construction Conference and Partnering
o Contract Time
o Subcontractors
o Engineer's Daily Reports
o Project Files
o Construction Records and Accounting Procedures
o Safety Provisions
o Labor Compliance
o Equal Employment Opportunity
o Contract Change Orders
o Quality Assurance Program
o Contract Claims
o Traffic Safety in Highway and Street Work Zones
o Construction Engineering Review by the State.
Chapter 17, Project Completion includes the following:
o Final Inspection Procedures for Federal -Aid Projects o "As -Built" plans
o Report of Expenditures
o Consequences for Non -Compliance
Chapter 19, Oversight and Process Reviews
Chapter 20, Deficiencies and Sanctions
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 7
FALCON
Engineering Services
Construction Management Scope of Services
All the above Chapters and sections have specific formats, checklists, and procedures that must be implemented as required by the Local Assistance Procedures Manual and Contract Provisions.
The CITY and CONSULTANT will incorporate specific deliverables within the CONSULTANTS scope of services and designate the party or parties responsible.
Assumptions:
The CITY will review the CONSULTANT's Contract scope of services and deliverables to ensure that all tasks required are identified and an individual parry is assigned responsibility for that task.
Deliverables -
Individual tasks required for compliance with the Local Assistance Procedures Manual are identified as specific tasks including all required checklists, 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.
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.
3.3 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 construction.
Approach:
Prior to start construction, CONSULTANT will walk the entire project and record existing conditions via a written log, photographs, and videotape where required. CONSULTANT will provide copies of all documentation to the 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.
3.4 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.
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 8
FALCON
Engineering Services
Construction Management Scope of Services
Deliverables:
1. Submit to USFWS and CDFW name of Project Biologist(s) 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. 4 — Construction Management Services
.e
CONSULTANT, on behalf of the CITY, will provide Construction Management (CM) services for administration of the construction contract in conformance with the requirements set forth in the State's Construction Manual, State's Local Programs and Procedures Manual, State's Encroachment Permit and the CITY's requirements. 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.
4.1 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 the 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 federal requirements and as detailed in Chapters 15, 16, 17 and other relevant Chapters of the Local Assistance procedures Manual.
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 9
FALCON
Engineering Services
Construction Management Scope of Services
6. Enforcement of DBE requirements.
7. Enforcement of Labor Compliance Requirements, including completion federal Labor Compliance Pre job Checklist.
8. Enforcement of Quality Assurance Program
9. Completion of the Federal Resident Bridge Engineer's Construction Contract Administration Checklist, including all necessary attachments as detailed in Local Assistance Procedures Manual.
10. Discussion of environmental permits requirements.
11. Discussion of water quality requirements.
12. Discussion of utility company requirements.
13. Preparation of invoices for federal reimbursement.
4.2 Communications and Correspondence
Purpose:
To provide for and/or facilitate effective communication, 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 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 ENGINEER 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 files.
2. Written logs of information received from the CITY, the Contractor, design consultants, Biologist, testing firm, citizens and/or others.
4.3 Project Changes and Construction Change Order Management Purpose:
To reviewing 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 OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 10
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Engineering Services
Construction Management Scope of Services
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 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 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, negotiate 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 the 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.
Requests 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 judgment 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 withthe Contractor's regular application for payment.
4. CONSULTANT will transmit electronic copies (MS Word *.docx files) of change order documentation to the CITY's capital project construction group.
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 responses, logging claims and tracking claim status.
4. Change order documentation ready for approval and execution by the CITY.
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 11
FALCON Construction Management Scope of Services
Engineering Services
4.4 Monthly Construction Progress Reports
Purpose:
To keep the CITY apprised of the project status during the prescribed construction period.
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. Description of activities completed in the past month.
2. Description of anticipated work on next period.
3. Identify actual and potential problems associated with the construction project.
4. Potential Issues, pending change orders and executed change orders.
5. Update of public relations, notifications.
6. Update of safety issues, concerns.
7. Photographs to show construction activities and for clarity regarding specialissues.
8. Other information deemed necessary for the CITY to have a concise understanding ofthe construction Projects.
9. Project status, percentage of work completed, dollar amount of work completed, status of contingency money.
Assumptions:
The CITY will assist CONSULTANT in the initial formatting of the first report.
Deliverables:
1. Monthly progress report.
4.5 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.
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. The preferred scheduling software is P6 or SureTrak by Primavera. Gant charts will be strictly forbidden.
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 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 completiondate.
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 12
FALCON Construction Management Scope of Services
Engineering Services
4.6 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:
CONSULTANT will generate spreadsheets 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.
4.7 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.
2. Meeting room will be available.
3. Meetings will not take place more than once a week and will not last longer than one hour.
4. 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.
4. Submittal, Issues log, Change Order log and RFI and RFQ working logs.
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Engineering Services
4.8 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 on hand (if allowed).
Approach:
CONSULTANT will review and approve the Contractor's monthly progress based on the percentage of work activities complete. Once approved, CITY will prepare a payment application certificate for approval and execution by the CITY.
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.
4.9 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 contractors' 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.
Deliverables:
1. Accident reports from Contractor.
2. Regular safety meeting minutes.
3. Copies of safety issues discussed during contractors' tailgate meetings.
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Engineering Services
4.10 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 forreview.
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. Consultant's sub -consultant will provide a certified Biologist. 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 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.
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5. Will have the authority to halt all 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 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.
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18. A Paleontological Mitigation Plan has been prepared for Project. A paleontological monitor will monitor 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 maximum 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 asnot 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.
23. At the end of each workday, Biologist or designee shall oversee 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 404 permit authorization, California Department of Fish and Wildlife 1600 permit, 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 CITY.
4.11 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 2 of this scope, CONSULTANT will prepare "Dear Neighbor" letters and door hangers as a means to communicate with adjacent residents and businesses. Attending and facilitating public meetings, responding to citizens and business owner's inquiries. Working with the CITY and Caltrans public information offices.
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Assumptions:
All information for public use is to be reviewed for concurrence by the CITY and provided to the CITY as requested.
Deliverables:
1. Attend CONSULTANT's Neighborhood/Business meetings on an as needed basis.
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 CITY and draft news releases as needed.
10. Coordinate with CHP, law enforcement, emergency services, transit, schools, etc. regarding construction activities that may impact public safety.
4.12 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 traffic engineering offices.
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 4.3 of this scope and require CITY concurrence prior to implementation.
Deliverables -
I. Monitor, review and provide recommendations for modifications to traffic handling during the course of construction.
2. Prepare signal timing charts for traffic signals within and adjacent to project site as necessary to promote improved traffic flow for the various phases of construction and maintain coordinated timing to the extent possible (i.e., time -based coordination/GPS or wireless communication).
3. Work with the CITY to implement those signal timing charts.
4. Provide a recommended signal timing chart for implementation at project completion based on the ultimate configuration.
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4.13 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 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, CONSULTANT will perform the engineering reviews and approvals for working drawings and calculations provided by 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 CONSULTANT'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.
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.
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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
4.14 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:
CONSULTANT will receive, log, and review all RFIs for completeness and verify the question is reasonable and understandable. CONSULTANT 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.
CONSULTANT will track RFIs 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. Facsimile or 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.
4.15 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 use 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 andhardcopy.
Assumptions:
1. CONSULTANT will file all documents following Caltrans log Index.
Deliverables:
1. Comprehensive logs of all documents in the project files (electronic and hardcopy). Electronic CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 20
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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:
0 Daily inspection and Resident Engineer's diaries
0 Weekly Newsletter and Weekly Statement of Working Days 0 Monthly progress report and monthly progress pay estimate 0 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 ofcompliance Mix designs for PCC, CTPB, AC, AB
4.16 Review Certified Payrolls
Purpose:
To verify the Contractor provides certified payroll reports in conformance with the provisions of the contract and applicable State and Federal Law. To verify 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 purpose 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.
4.17 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 CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 21
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accordance with the SWPPP. Failure to revise and correct conditions will be caused 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 forcomplying 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:
Contractor(s)' SWPPP monitoring reports and CONSULTANT documentation of site conditions kept in project file for the record.
5 — Construction Inspection Services
5.1 Inspection and Documentation
Purpose:
To provide the CITY with documentation of construction activities, duration of activities, manpower and equipment allocation, inspections, and work conditions.
Approach:
CONSULTANT will provide experienced and qualified inspectors (qualified by the State of California Department of Transportation) acceptable to the CITY, Caltrans, and other surrounding cities.
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 CONSULTANT'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 CITY's direction, CONSULTANT will negotiate and enter into sub -consultant agreements with qualified inspectors including special inspectors, as needed, and defined in Task 2.5.
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.
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2. CONSULTANT Inspector's daily and/or special inspection reports maintained in the CONSULTANT project files and turned over to the CITY at the completion of the Project. Copies of these daily reports will be submitted upon request.
3. Take and maintain digital photographs and videos as necessary to provide documentation of construction activities. All photos will be logged, dated, and kept in project files.
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 CITY regarding special inspections or testing of work not in accordance with the provisions of the contract documents whether or not such work is fabricated, installed or completed. Subject to review by the CITY and Caltrans Inspectors may reject work which does not conform to the provisions of the contract and approving agencies.
10. Establish and process job control documents including:
0 Daily inspection diaries
Resident Engineers daily.
0 Monthly construction progress payment
0 Request for information
0 Survey requests
0 Materials receipts
0 Weigh master certificates
0 Materials submittals
0 Weekly statements of working days
0 Construction change orders
0 Review of certified payrolls
5.2 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 contract 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. It is assumed that the CITY will not provide the Materials Testing services on this contract under the direction of the CM.
2. CONSULTANT shall provide material testers and laboratory technicians who are experienced and CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 23
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qualified for the inspection required.
3. CONSULTANT will ensure the implementation of the Quality Assurance Program for source inspections, materials acceptance, and special inspections as required by the contract.
4. All material testing, materials acceptance and special inspections will be within the project limits or as required by the contract.
5. 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.
Deliverables:
1. Laboratory test reports maintained in the CONSULTANT project files and turned over tothe CITY at the completion of the Project.
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.
5.3 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 I-15/French Valley Parkway Improvements — Phase II Project.
Approach:
CONSULTANT will manage all survey staking services necessary for the construction of this Project.
Resident Engineer 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 Section 11 "Engineering Surveys" and Section 12 "Construction Surveys", both 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 license issued 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 office space to the survey crews and check field staking notes after staking.
5. CONSULTANT survey staking sub -consultant, if required and approved by the CITY, shall provide all labor, tools, equipment, and other miscellaneous items necessary to perform their CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 24
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work, and providing one set of construction stakes as required by the construction contract.
6. Where conflicts between Caltrans guidance and CITY guidance occurs, the CITY guidance will be followed. For example, the CITY does not support Automated Machine Guidance (AMG) activities.
Assumptions:
1. It is assumed that the CITY will not provide the Survey services on this contract under the direction of the CM.
2. A minimum standard of survey quality shall be that of similar surveys performed by CITY and Caltrans.
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.
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 forroadway.
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 at 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 will be provided: One stake will be provided at the intersection ofthe 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 CONSULTANT shall be marked by the CONSULTANT 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 CONSULTANT'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.
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5.4 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 CONSULTANT 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 3 will be used to track the Contractor's progress and build a schedule based on the Contractor's activities.
Assumptions:
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.
5.5 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.
Assumptions:
All photographs will remain at the CONSULTANT office until the end of the Project. Video will be recoded and saved as part of the project records. Video will also be made available to the public via the Project web site.
Deliverables:
1. A detailed photographic history of all phases of the Project will be maintained in project files.
2. Construction video cameras, with pan, zoom, tilt capabilities are to be installed prior to construction start and maintained throughout the Project. Camera(s) will be placed 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 phases change. Coordination with CITY to provide live video feed via the CITY's website is required. CONSULTANT is responsible for providing an appropriate power source for the cameras. Solar power may be considered.
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 26
FALCON
Engineering Services
Construction Management Scope of Services
5.6 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 CITY and Caltrans are included in the as -built drawings. This information is not necessarily construction 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 contactor 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.
Deliverable -,-
One set of marked up contract drawings. This set will be in addition to the Contractor's marked up set of contract drawings.
5.7 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 CONSULTANT 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. 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 or other permitting agency (City) personnel to be included in the final inspection.
2. CONSULTANT will contact and schedule all required final inspection.
3. CONSULTANT will prepare the final punch -list.
Deliverables:
Final punch -list
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 27
FALCON Construction Management Scope of Services
Engineering Services
5.8 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 CITY, the Designer, and the Contractor.
CONSULTANT, with assistance from the CITY and the Designer will prepare a punch list indicating all deficiencies and/or omissions 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 as necessary, 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 CONSULTANT. 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 CITY and the Designer.
Deliverables:
Completed and signed -off punch -list submitted to the CITY with the closeout documents. 6 —Construction Closeout Activities
6.1 Contract Closeout
Purpose:
To provide the CITY with final closeout documentation, including any permit completion documentation.
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 the CITY.
2. Notices of Completion for any Permits, including "duplicate" permits for Project and documentation showing the NOT has been recorded.
3. Copy of the Contractor's performance bond, good for the warranty period.
4. Final project documentation in accordance with the requirements of the Caltrans local assistance manual and FHWA requirements.
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 28
FALCON Construction Management Scope of Services
Engineering Services
6.2 Project As -Built Drawings
Purpose:
To provide the CITY with accurate record drawings indicating all changes and as- built conditions.
Approach: 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-builtrecord drawings.
Deliverable -,-
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.
6.3 Final Project Report
Purpose:
To provide the CITY 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.
Assumptions:
CITY will provide input to CONSULTANT regarding the form of the final report and federal required documents to be included in the report.
Deliverables:
One hard copy and one electronic file will be provided.
6.4 Final Payment, Final Report of Expenditure Checklist Purpose:
To provide the CITY with the final contract cost and final balance due the Contractor. Also prepare Report of Expenditure Checklist for federal reimbursement including all necessary attachments.
Approach:
Following completion of the contract work, CONSULTANT 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 CITY and the Contractor, a final balancing change order quantifying the final contract amount. Contractor will include amount of final balancing change order in submission of last certified a l2lication for a= v nt submitted to CONSULTANT.
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 29
FALCON
Engineering Services
Construction Management Scope of Services
Once approved, CONSULTANT 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. The CITY will file the Report of Expenditure Checklist for federal reimbursement.
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. Federal final report including all attachments.
6.5 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. 7 — Field Office and Emplovee�pment
CONSULTANT will have a field office which 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.
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 30
FALCON
Engineering Services
Construction Management Scope of Services I Responsibility Matrix 8 —Responsibility Matrix
.. WOL610612 0 RUN •
mamma
,
lotReview
project baseline schedule provides recommendations and
Schedules,
ensures efficiency. Advise if a recovery schedule is required to Correspondence
Ashraf, Juan
overcome delays.
Communication
ppicoorctinate witn
Meet with all utility companies responsible for relocating their Meeting agenda
Ashraf, Juan
Utility Agencies
lines and equipment.
minutes
Evaluate the Design Engineer's proposed schedule for
Construction
construction duration and cost. Provide a plan for the
Schedule for on-
Ashraf, Juan
procurement of long -lead items.
time completion
Review and assist in staging and traffic management plans for Review and
Ashraf, Juan
compliance with the law and project specifications.
monitor plans
,
Arrange a pre -construction meeting with agencies, contractors, the design engineer, and utility companies and address all Meeting agenda
Juan, Scott,
concerns. Review contract administrative items. Meetings will and minutes
Sarah
be conducted principally in person or video conferencing as per request.
Administer Project Construction Contracts using Caltrans Conformance to
City and
' •
Construction Manual, Permit conditions, the City's
compliance with
Ashraf, Juan,
• •
standards/permit conditions, State and relevant City procedures, LAPM Chapter 16
Sarah
and permits.
filing system
Conct coordination meetingsCity
thnheerson
rMeetings will
Meeting agenda
Juan, Scott,
• • • •
Caltrans.uct
be conducted principally p or
and
and minutes
Sarah
•
video conferencing as per request.
Prepare and implement a Project Management Plan.
Project
Management Plan
Juan
Perform &
• •
Coordinate all required inspections necessary for the Project.
Document
Juan, Scott,daily
on -site
Inspectors
inspections
Prepare Contractor's progress payments and maintain records and Certified Pay
Juan, Scott
supporting documentation. The City to review and approve.
Request
Maintained filing system by the City and Caltrans LAPM for Electronic files,
Juan, Scott,
' • • •
•
project documentation.
project files/logs
Sarah
• •
Review project schedule, provide recommendations, and ensure Evaluate proposed
Juan, Scott,
•
efficiency.
schedule
Eric
Conduct weekly meetings to discuss schedule, change orders, -
Meetings
extra work, contract pay item, submittal status, RFI's, safety, Meeting agenda
Juan, Sarah
deficiencies, cost, project budget, etc. It will be conducted and minutes
Cost & Schedu7le
principally in person or video conferencing as per request.
CITY OF TEMECULA I 1-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 31
FALCON
Engineering Services
Construction Management Scope of Services I Responsibility Matrix MAN a I CLWKWVJQN79 6 MUM 0 Me
�]_Mm
!itllcal
•
7su�mma�ry,.to
Prepare and submit a monthly report, i.e., SWPPP updates, RFIs,issues'D • • _
CCOs, potential claims, construction activities update, theprojectschedule mpact,
Juan, Sarah
budget and schedule status, highlights, and critical issues. work progress
forecast
Accurate
Juan,
• •
Review certified payroll records and ensure compliance. documentation
Mohammad,
Sarah
Monitor compliance with the applicable labor laws and contract Verify Payrolls,
Juan,
.. • • .
requirements, such as prevailing wage requirements. Coordinate Employee
Mohammad,
with the City.
Interviews
Sarah
Assist and review, approve and monitor the Contractor's SWPPP.
SWPPP review
' ' '
Review, monitor, document and enforce contractor safety and updates
Dion Juan
procedures for compliance with laws and regulations.
Ensure coordination with the City, Contractor, surveyor, material Ashraf, Juan,
•
inspector and utility companies, design engineer, US Army Corp Monitor/Track/
Scott, Sarah,
• • • •
of Engineers, California Department of Fish and Wildlife, cities, Coordinate
Inspectors
and the public.
. • • •
Coordinate review of shop drawings and RFI with the designer.
Log and track
submittal request
Juan, Scott
•
Maintain a log of non -compliant work items. Assist in the Deficiency Log
Juan, Sarah
implementation and processing of change orders.
' • •
Document contractor's daily operations. Provide daily diaries.
Daily reports,
Juan,
' • •
field measure
Inspectors
Review and approve shoring plans.
Review and
Scott, Juan
•
approve
• • •
Adhere to City procedures, maintain a hard -copy file, and Accurate
Juan, Sarah
maintain a construction filing system.
documentation
' •
Review and track all submittals for completeness and
Submittal
Juan, Scott,
•
constructability. Issue a weekly statement of working days, Approvals & Log
Sarah
showing days remaining, rain days, etc.
Review, monitor, document, and enforce contractor safety procedures for compliance with laws and regulations. Safety • •
requirements, training, certification, the City/OSHA
Conduct regular
Ashraf, Juan,
Requirements, Caltrans Construction Manual, and State of CA safety/tailgate/
Dion, Scott,
• '
Construction Safety orders. Implement all new guidelines meetings
Inspector
• •
associated with the COVID-19 Pandemic for personal safety & social distancing.
Review the Contractor's red line drawings submitted to the As -Built Redline
Juan, Scott,
designer.
Inspector
Continuation of pre -construction activities. Assist in the Permits,
Ashraf, Juan
coordination and scheduling of utility work.
Easements
Cost Review
Perform claims administration, coordination and monitoring Claims assistance
Contractclaims,
response preparation, logging claims, and tracking claims and Logs of
Ashraf, Juan,
iiil�iiwwwwltf
status. Review CCOs proposed by the Contractor. Recommend Potential and
Scott
needed CCOs, and track cash flow for CCOs.
Issued CCOs
Notifications/form
Ashraf, Juan,
Coordinate activities and closures with the City, Caltrans, and s
Sarah,
• • • •
CHP
submittals/budget
Inspectors
s
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 32
OUTSOURCED PROJECT SUPPORT
Constructio form survey and monitaT3RRC2fTuirements. Establish Survey trol /grade stakes for basic line and grade.
Right -of -Way etuate existing monumentation. Final monumentation.
Lines / Special 11[ntify the location, which includes drainage, utility, and survey Faterial Sampli vide and monitor material testing, and review geotechnical and Testing orts that conform to Caltrans standards, specifications, and /Geotechnical cial provisions.
Quality Assurance Inspect work to ensure compliance with contract documents. / Inspection Reject unacceptable work using Deficiency Log. Observe the work of special inspectors when required.
Drone
s Photos
Project Closeout
"As -Built"
Drawings
Final Walk -
Certificate of
Completion
Monitor, develop, review, and ensure environmental commitment report requirements compliance. Review and enforce
requirements stipulated in permits issued by regulatory and environmental agencies. Maintain/update the master
Environmental Commitments Record (ECR) for project
compliance /audit. Establish an Archaeological Monitoring Area (AMA) and an Environmentally Sensitive Area (ESA) plan.
Holding an open house community meeting, a groundbreaking event, a coordinating community meeting, and a ribbon -cutting event. Take pre -construction photos and videotape conditions. qqliFlyer, web page, social media). Daily photos, Drone flights, erial photos and videos. Provide extensive photography, social media, app development, FAA drone laws, and 3D modeling experience.
POST CONSTRUCTION
Descript
Record
Restoring,
Renewing,
resetting
Testing Results
Daily In
Reports,
and Def
Log
Inspection
Photo log, L
Weekly and
Monthly Re
Deliverables
ence
ATTACHMENT NO. 03 — CONSULTANT CONTRACT DBE COMMITMENT
Local Assistance Procedures Manual Exhibit 10-01
Consultant Proposal DBE Commitment
EXHIBIT 10-01 CONSULTANT PROPOSAL DBE COMMITMENT
1. Local Agency: City of Temecula
2. Contract DBE Goal: 19%
3. Project Description: 1-15/French Valley Parkway Improvements, Phase II PW 16-01
4. Project Location: Along 1-15 from Winchester Road/1-15 Interchange north of the 1-15/1-215 Junctions
5. Consultant's Name: FALCON Engineering Services, Inc. 6. Prime Certified DBE: ❑
7. Description of Work, Service, or Materials
8. DBE
Certification
9. DBE Contact Information
10. DBE %
Supplied
Number
Arellano Associates, Genoveva Arellano, President
Community Outreach
41199
5851 Pine Avenue, Suite A, Chino Hills, CA 91709
1 %
909.627.2974, [email protected]
CL Surveying, Daniel Calvillo, President
Construction Survey
38284
400 East Rincon St. Suite 202, Corona, CA 92879
9%
909.484.4200, [email protected]
CIVIC Project Solution, Chrissy Constantino, Preside
it
Scheduling
50602
11761 Clover Lane, Garden Grove, CA 92841
1 %
877.778.2337, ccostantino(@cmcprojectsolutions.com
Skyline Consultants, Maliha Malik, President
Roadway/Structure Inspection
50918
2900 Crestview Drive, Norco, CA 92860
8%
951.316.6408, [email protected]
Local Agency to Complete this Section
17. Local Agency Contract Number: PW16-01
11. TOTAL CLAIMED DBE PARTICIPATION 19
18. Federal -Aid Project Number: INFRALUL-5459(031)
19. Proposed Contract Execution Date: 04/11/2023
20. Consultant's Ranking after Evaluation: 1
IMPORTANT: Identify all DBE firms being claimed for credit, Local Agency certifies that all DBE certifications are valid and information on regardless of tier. Written confirmation of each listed DBE is this form is complete and accurate.
required.
��\ _(Q 03/06/2023
' ' September 1, 2022
21. Local Agency Representative's Signature 22. Date
12. Preparer's Signature 13. Date
Avlin R. Odviar, PE 951-693-3969
MahaFagih (951)768-9419
23. Local Agency Representative's Name 24. Phone
14. Preparer's Name 15. Phone
Principal Civil Engineer
President
25. Local Agency Representative's Title
16. Preparer's Title
DISTRIBUTION: Original — Included with consultant's proposal to local agency.
ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
LPP 18-01 Page 1 of 2
January 2019
Local Assistance Procedures Manual
Exhibit 10-02
Consultant Contract DBE Commitment
1. Local Agency:
3. Project Description:
4. Project Location:
EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT
City of Temecula 2. Contract DBE Goal
1-15/French Valley Parkway Improvements, Phase II PW 16-01 Along 1-15 from Winchester Road/1-15 Interchange north of the 1-15/1-215 Junctions 19%
5. Consultant's Name: FALCON Engineering Services 6. Prime Certified DBE: ❑ 7. Total Contract Award Amount: $8,880,275.70
8. Total Dollar Amount for ALL Subconsultants: $3,812,609.80 9. Total Number of ALL Subconsultants: 11
10. Description of Work, Service, or Materials
11. DBE
Certification
12. DBE Contact Information
13. DBE
Dollar
Supplied
Number
Amount
Arellano Associates, Genoveva Arellano, President
Community Outreach
41199
5851 Pine Avenue, Suite A, Chino Hills, CA 91709
$120,000
909.627.2974, arellano arellanoassociates.com
CL Surveying, Daniel Calvillo, President
Construction Survey
38284
400 East Rincon St. Suite 202, Corona, CA 92879
$800,000
MC Project Solution, Chrissy Constantino, PresidE
nt
Scheduling
50602
1761 Clover Lane, Garden Grove, CA 92841
$100,000
77.778.2337, [email protected]
Skyline Consultants, Maliha Malik, President
Roadway/Structure Inspection
50918
2900 Crestview Drive, Norco, CA 92860
$744,836.89
Local Agency to Complete this Section
gg
1,764,836.89
20. Local Agency Contract PW16-01
Khiml -''
14. TOTAL CLAIMED DBE PARTICIPATION
21. Federal -Aid Project Number: INFRALUL-5459(031)
22. Contract Execution 04/11 /2023
19 nntP
Local Agency certifies that all DBE certifications are valid and information on IMPORTANT: Identify all DBE firms being claimed for credit, this form is complete and accurate.
regardless of tier. Written confirmation of each listed DBE is required.
03/06/2023
�Ir 11/30/2022
23. Loc I Agency Representative's Signature 24. Date
15. Preparer's Signature 16. Date
Avlin R. Odviar, PE 951-693-3969
MahaFagih 951.768.9419
25. Local Agency Representative's Name 26. Phone
17. Preparer's Name 18. Phone
Principal Civil Engineer
President
27. Local Agency Representative's Title
19. Preparer's Title
DISTRIBUTION: 1. Original — Local Agency
2. Copy — Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de -obligation of federal funds on contract.
ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
July 23, 2015
Alk
c7"
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Years 2023-27
Capital Improvement Program
1-15 / FRENCH VALLEY PARKWAY IMPROVEMENTS - PHASE II
Circulation Project
Project Description: This project includes the design and construction of the two lane northbound collector/distributer road system beginning north of the Winchester Road Interchange on -ramps and ending just north of the 1-15/1-215 junction with connectors to 1-15 and 1-215.
Benefit: This project will address and improve traffic circulation in the City's northern area by providing the northbound collector/distributer road system.
Core Value: Transportation Mobility and Connectivity
Project Status: The environmental re-evaluation and design are estimated to be completed in Fiscal Year2021-22.
Department: Public Works - Account No. 210.265.999.726 / PW16-01 Level: I
Project Cost:
Prior Years
Actuals
2021-22
Adjusted
2022-23
Proposed
Budget
2023-24
Projected
2024-25 2025-26
Projected Projected
2026-27
Projected
Total Project
Cost
Administration
2,791,745
339,054
300,000
300,000
170,000
3,900,799
Construction
88,950,000
88,950,000
Construction Engineering
1,279
10,899,721
10,901,000
Design & Environmental
18,752,330
716,973
19,469,303
Land Acquisition
9,393,251
6,120,000
15,513,251
Utilities
1,993
1,993
Total Expenditures
1 30,940,599
107,025,748
300,000
300,000
170,000
138,736,346
Source of Funds:
CFD 01-02 (Harveston)
1,005,840
1,005,840
DIF-Street Improvements
75,360
75,360
General Fund
4,236,174
4,236,174
INFRA Grant
50,000,000
50,000,000
Measure A
1,627,914
1,627,914
Measure S
454,000
4,807,585 300,000 300,000 170,000
6,031,585
Reimbursements
6,008,000
6,008,000
SAFETEA-LU
1,602,360
1,602,360
STIP-Surface Transportation
47,600,000
47,600,000
Improvement Program
TUMF (CETAP/RCTC)
472,841
999,668
1,472,509
TUMF (RCTC)
2,343,000
2,343,000
TUMF (WRCOG)
11,450,112
5,283,492
16,733,604
Total Funding
27,673,241
110,293,105 300,000 300,000 170,000
138,736,346
Future Operating & Maintenance Costs:
85 Alk
c7"
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Years 2023-27
Capital Improvement Program
1-15 / FRENCH VALLEY PARKWAY IMPROVEMENTS - PHASE II
Circulation Project
2022-23
Prior Years
2021-22 Proposed 2023-24 2024-25 2025-26 2026-27
Total Project
Project Cost:
Actuals
Adjusted Budget Projected Projected Projected Projected Cost
Total Operating Costs
Notes :
1. General Fund Includes Required Contribution match for TUMF (CETAP/RCTC) funds.
2. State Transportation Improvement Program 2014 RCTC Call for projects as approved by the Commission on November 13, 2013 ($10,000,000).
3. TUMF (RCTC)- Regional funding is pursuant to RCTC Agreement No.06-72-048-00 for a total of $7,517,000 ($5,517,000-ROW; $2,000,000-PS&E). $200,000 City Match, Phase I expended $3,174,000-ROW; $2,000,000 PS&E; $200,000 City Match. Phase II expended $2,343,000 ROW.
4. TUMF (WRCOG) - TUMF Zone funding is pursuant to WRCOG Agreement No. 06-SW-TEM-1079 for a total of $11,575,000 reduced to $11,451,875 ($975,752-PA&ED; $8,801,875-PS&E; $1,674,248-ROW) for Phase I and Phase 11.
5. TUMF (WRCOG) - TUMF Zone funding is pursuant to WRCOG Agreement No. 05-SW-TEM-1064 for $4,078,000 reduced to $4,043,000 ($108,724 PA&ED;3,934,296 PS&E) for Phase I and Phase 11.
6. TUMF (WRCOG) - TUMF Zone Funding is pursuant to WRCOG Agreement No. 05-SW-TEM-1064 for $1,925,000-ROW. No expenditures for Phase I.
7. TUMF (CETAP/RCTC) - Funding is pursuant to the RCTC Agreement No.17-73-007-00 in the amount of $1,472,509 ($673,562 ROW; $798,947 DESIGN; $106,603 City Match).
86 Item No. 9
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: April 11, 2023
SUBJECT: Adopt Resolution Finding that an Emergency Condition Continues to Exist Within the Meaning of Public Contract Code Sections 20168 and 22050 and Appropriate Additional Funding for Emergency Repairs
PREPARED BY: Julie Tarrant, Principal Management Analyst RECOMMENDATION: That the City Council adopt a resolution entitled:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, DETERMINING THAT THERE IS
A NEED TO CONTINUE THE ACTIONS AUTHORIZED BY
RESOLUTION NO. 2023-17 DECLARING AN EMERGENCY
CONDITION AND DECLARING THAT THE PUBLIC
INTEREST AND NECESSITY REQUIRES CERTAIN WORK
TO BE PERFORMED WITHOUT COMPETITIVE BIDDING
PURSUANT TO PUBLIC CONTRACT CODE SECTIONS 20168
AND 22050, AND BY RESOLUTION NOS. 2023-20 AND 2023-
26, FINDING THAT AN EMERGENCY CONDITION
CONTINUES TO EXIST, AND TO APPROPRIATE FUNDING
FOR EMERGENCY REPAIRS
RECOMMENDATION: That the City Council appropriate an additional $50,000 from the General Fund to complete emergency repairs.
BACKGROUND: On February 28, 2023, City Council approved the adoption of Resolution No. 2023-17 Declaring an Emergency Condition and Declaring that Public Interest and Necessity Requires Certain Work to be Performed Without Competitive Bidding Pursuant to Public Contract Code Sections 20168 and 22050, due to the extraordinary rain events of February 25 and 26, 2023.
On March 14, 2023, City Council approved the adoption of Resolution No. 2023-20 finding that an Emergency Condition Continues to Exist within the meaning of Public Contract Code Sections 20168 and 22050, and to appropriate $200,000 from the General Fund balance to provide funding for emergency repairs along Margarita Road, and Santiago Road because of the extraordinary rain events of February 25 and 26, 2023.
On March 28, 2023, City Council approved the adoption of Resolution No. 2023-26 finding that an Emergency Condition Continues to Exist within the meaning of Public Contract Code Sections 20168 and 22050.
At the onset of the emergency in February 2023, two locations were identified as needing emergency repairs where storm drains were damaged and/or collapsed and in need of immediate repair due to excessive rain over the weekend of February 25 and 26, 2023. The storm drains located at Margarita Road and Courtney Place, and Santiago Road and Via Valencia were assessed for damages. The Public Works Maintenance Division enlisted our on -call service provider for excavation, backfill and grading services to immediately initiate work necessary to avoid additional damage to the storm drains, and to maintain the roadway, and restore access to the roads for the travelling public.
Subsequently, the State of California, including the City of Temecula and the surrounding region has endured record rains over the past few weeks which has caused further flood damage to the City's infrastructure. Due to the most recent rain event the week of March 20-23, 2023, the city has sustained additional damages to include the rockslide along Rainbow Canyon Road, erosion to the downstream side of the low -flow crossing, and damage to a drainage inlet located along East Vallejo, west of La Paz Road, in the Los Ranchitos area. Again, the Public Works Maintenance Division staff, along with on -call contracted service providers were immediately on scene to assess the damages and worked tirelessly through the night to clear debris, silt, and sediment, remediate any flooding concerns, and to reopen roadways as quickly as possible.
The combined cost of the initial repairs and maintenance, along with the most recent events, has increased beyond our original estimate of $200,000. We therefore request an additional appropriation of $50,000, for a total of $250,000 to make all the necessary repairs to each identified location as needed. The City's Risk Management Department has included the Rainbow Canyon rockslide, as part of our emergency claim to the County, to potentially recover a portion of the costs incurred for these emergency repairs, if deemed eligible for reimbursement by the State of California Office of Emergency Services (CalOES). The need for the continuing emergency resolution will allow for all work to be performed and completed to safeguard life, health, and property.
FISCAL IMPACT: The additional appropriation of $50,000, plus the original $200,000 for a total of $250,000 is anticipated to be sufficient to cover the cost of repairs.
ATTACHMENTS: Resolution
RESOLUTION NO.2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA, CALIFORNIA, DETERMINING THAT
THERE IS A NEED TO CONTINUE THE ACTIONS
AUTHORIZED BY RESOLUTION NO. 2023-17
DECLARING AN EMERGENCY CONDITION AND
DECLARING THAT THE PUBLIC INTEREST AND
NECESSITY REQUIRES CERTAIN WORK TO BE
PERFORMED WITHOUT COMPETITIVE BIDDING
PURSUANT TO PUBLIC CONTRACT CODE SECTIONS
20168 AND 22050, AND BY RESOLUTION NOS. 2023-20 AND
2023-26, FINDING THAT AN EMERGENCY CONDITION
CONTINUES TO EXIST, AND TO APPROPRIATE
FUNDING FOR EMERGENCY REPAIRS
THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY FINDS,
DETERMINES, AND ORDERS AS FOLLOWS:
Section 1. On February 28, 2023, City Council approved the adoption of Resolution No. 2023-17 Declaring an Emergency Condition and Declaring that Public Interest and Necessary Requires Certain Work to be Performed Without Competitive Bidding Pursuant to Public Contract Code Sections 20168 and 22050.
Section 2. On March 14, 2023, City Council approved the adoption of Resolution No. 2023-20 finding that an Emergency Condition Continues to Exist within the meaning of Public Contract Code Sections 20168 and 22050, and to appropriate $200,000 from the General Fund balance to provide funding for the emergency repairs.
Section 3. On March 28, 2023, City Council approved the adoption of Resolution No. 2023-26 finding that an Emergency Condition Continues to Exist within the meaning of Public Contract Code Sections 20168 and 22050.
Section 4. In February 2023, two locations were identified as needing emergency repairs where storm drains had been damaged and/or collapsed and in need of immediate repair, located at Margarita Road and Courtney Place, and Santiago Road and Via Valencia. The Public Works Maintenance Division immediately initiated all work necessary to avoid additional damage to the storm drains, and to maintain the roadway, and restore access to the roads for the travelling public.
Section 5. Subsequently, due to record rains over the past few weeks the city has sustained additional damages to include the rockslide along Rainbow Canyon Road, erosion to the downstream side of the low -flow crossing, and damage to a drainage inlet located along East Vallejo, west of La Paz Road, in the Los Ranchitos area.
Section 6. Cost of the initial repairs and maintenance, along with the most recent events has increased costs beyond the original estimate of $200,000; and therefore request an additional
appropriation of $50,000, for a total of $250,000 to make the necessary repairs to each identified location as needed.
Section 7. Continued Finding of Emergency — Pursuant to the background and recommendation of the Director of Public Works/City Engineer's Staff Report to the City Council, the City Council hereby finds an emergency continues to exist, and the actions described in Resolution No. 2023-17, and Resolution No's. 2023-20 and 2023-26 are necessary and continue to be necessary to complete all work to make permanent repairs to safeguard life, health, and property.
Section 8. The City Council hereby acknowledges that it must approve this resolution by a four -fifths vote of the entire City Council.
Section 9. Ratification of Staff Actions to Make Repairs to Storm Drains, Rainbow Canyon Road, Low Flow Crossing, and Drainage Inlet in Los Ranchitos, as appropriate - The City Council hereby ratifies and affirms the actions of the City Manager and City employees and contractors taken so far, and to continue to make repairs or replace portions of the storm drains, to clear debris, silt, and sediment, remediate any flooding concerns, and to reopen roadways and associated rights of way, and any directly related and immediate action required to mitigate the damaged roads, and procurement of the necessary equipment, services, and supplies for those purposes.
Section 10. Resolution No. 2023-17 declared that the City Manager agendize and report on the status of the emergency circumstances at each and every regularly scheduled meeting of this Council until either the project is completed, or the Council finds the emergency conditions have ceased.
Section 11. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 1 lth day of April, 2023.
Zak Schwank, Mayor
ATTEST:
Randi Johl, City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2023- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the I Ph day of April, 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
Item No. 10
ACTION MINUTES
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
MARCH 28, 2023
CALL TO ORDER at 7:31 PM: President James Stewart
ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart
CSD PUBLIC COMMENTS -None
CSD CONSENT CALENDAR
Unless otherwise indicated below, the following pertains to all items on the Consent Calendar.
Approved the Staff Recommendation (5-0): Motion by Schwank, Second by Alexander. The vote reflected unanimous approval.
12. Approve Action Minutes of March 14, 2023
Recommendation: That the Board of Directors approve the action minutes of March 14, 2023.
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGER REPORT
CSD BOARD OF DIRECTORS REPORTS
CSD ADJOURNMENT
At 7:34 PM, the Community Services District meeting was formally adjourned to Tuesday, April 11, 2023 at 4:30 PM for a Closed Session, with a regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California.
James Stewart, President
ATTEST:
Randi Johl, Secretary
[SEAL]
Item No. 11
CITY COUNCIL/TEMECULA PUBLIC FINANCING AUTHORITY
AGENDA REPORT
TO: City Manager/City Council Members
Executive Director/Board of Directors
FROM: Aaron Adams, City Manager/Executive Director
DATE: April 11, 2023
SUBJECT: Approve Deposit Agreement and Initiate Community Facilities District Formation Proceedings Related to the Altair Development
PREPARED BY: Jennifer Hennessy, Director of Finance/Treasurer RECOMMENDATION: That the City Council/Board of Directors adopt resolutions entitled:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A DEPOSIT/REIMBURSEMENT
AGREEMENT — ALTAIR
RESOLUTION NO. TPFA
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY
ACKNOWLEDGING RECEIPT OF A PETITION AND DEPOSIT
RELATIVE TO THE FORMATION OF A COMMUNITY
FACILITIES DISTRICT, AND AUTHORIZING AND
DIRECTING ACTIONS WITH RESPECT THERETO — ALTAIR
BACKGROUND: The Authority has received a Petition (Including Waivers) (the "Petition") from Temecula West Village LLC, the owner of certain property in the City (the "Owner") requesting that the Board of Directors of the Authority, with the assistance of City Staff and the Authority's and the City's consultants, form the Temecula Public Financing Authority Community Facilities District No. 23-01 (Altair)" (the "CFD"). Furthermore, the Owner has requested in the Petition that the Authority be authorized to issue special tax bonds for the CFD in order to finance various public improvements necessitated by the development of the Property, as well as to fund various municipal services (the "Bonds"). The Property consists of the Altair development, including Riverside County Assessor's Parcel Numbers 940-310-015 through 940- 310-016, 940-310-044 through 940-310-048, 940-310-013, 940-320-001 through 940-320-007, and 922-210-049. It is expected the Property will be transferred later this year to SB Altair, LLC (the "Developer"), who will develop the Property.
The Developer has submitted to the Finance Director of the City a check in the amount of $150,000 (the "Deposit"), to be used by the City to pay costs of the City and the Authority to form the CFD and issue the Bonds. Pursuant to a Deposit/Reimbursement Agreement (the "Agreement") to be entered into by the Developer, the City and the Authority, and to be administered by the City, funds advanced by the Developer for CFD costs, including the Deposit, will be reimbursed to the Developer upon the issuance and from proceeds of the Bonds.
SPECIFIC ACTIONS: The City Council to consider the adoption of the Resolution approving the Agreement. The Board of Directors to consider the adoption of the Resolution acknowledging receipt of the Petition and Deposit and authorize actions necessary to implement the Agreement. The passage of these Resolutions does not obligate the City Council or Board of Directors to form the CFD.
FISCAL IMPACT: The City has received an initial $150,000 deposit from the Developer; these funds will be expended in accordance with the Deposit/Reimbursement Agreement. Provisions in the Deposit/Reimbursement Agreement require the Developer to deposit additional funds as necessary to cover all costs of formation. There is no Fiscal Impact to the Authority or the City.
ATTACHMENTS: 1. City Council Resolution
2. TPFA Resolution
3. Petition
4. Deposit/Reimbursement Agreement
RESOLUTION NO.2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING A DEPOSIT/
REIMBURSEMENT AGREEMENT — ALTAIR
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. SB Altair, LLC (the "Developer") has submitted to the Finance Director of the City of Temecula (the "City") a check in the amount of $150,000 (the "Deposit"), to be used by the City to pay costs of the City and the Temecula Public Financing Authority (the "Authority") in connection with proceedings under Section 53311 et seq. of the California Government Code (the "Act") to create a community facilities district to be designated "Temecula Public Financing Authority Community Facilities District No. 23-01 (Altair)" (the "CFD").
Section 2. There has also been submitted a Deposit/Reimbursement Agreement (the "Agreement"), to be entered into by the Developer, the City and the Authority (for itself and on behalf of the proposed CFD), and the City now desires to enter into the Agreement with the Authority and the Developer in order to assist with the formation of the CFD by the Authority.
Section 3. The City Council hereby approves and authorizes the City Manager to execute and deliver the Agreement, in the form on file with the City Clerk and to take all actions on his part necessary to implement the Agreement. The Director of Finance is hereby authorized and directed to accept the Deposit and to use the Deposit (and any subsequent Deposits, as defined in the Agreement) in the manner contemplated by the Agreement.
Section 4. The Mayor, City Manager, Director of Finance, City Clerk and all other officers of the City are hereby authorized and directed to take all actions and do all things necessary or desirable hereunder with respect to the implementation of the Agreement, including but not limited to the execution and delivery of any and all agreements, certificates, instruments and other documents, which they, or any of them, may deem necessary or desirable and not inconsistent with the purposes of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 11th day of April, 2023.
Zak Schwank, Mayor
ATTEST:
Randi Johl, City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2023- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the I Ith day of April, 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
RESOLUTION NO. TPFA 2023-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY
ACKNOWLEDGING RECEIPT OF A PETITION AND
DEPOSIT RELATIVE TO THE FORMATION OF A
COMMUNITY FACILITIES DISTRICT, AND
AUTHORIZING AND DIRECTING ACTIONS WITH
RESPECT THERETO — ALTAIR
THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Temecula West Village LLC, the owner of certain property in the City of Temecula (the "City") has submitted to the Board of Directors of the Authority a Petition (Including Waivers) (the "Petition") requesting the formation by the Temecula Public Finance Authority (the "Authority") of a community facilities district to include the property identified therein, and SB Altair, LLC (the "Developer"), the expected transferee of the property identified in the Petition has submitted to the Finance Director of the City a check in the amount of $150,000 (the "Deposit") to be used by the City to pay costs of the City and the Authority, all in connection with proceedings under Section 53311 et seq. of the California Government Code (the "Act") to create a community facilities district to be designated "Temecula Public Financing Authority Community Facilities District No. 23-01 (Altair)" (the "CFD").
Section 2. There has also been submitted a Deposit/Reimbursement Agreement (the "Agreement"), to be entered into by the Developer, the City and the Authority (for itself and on behalf of the CFD), and this Board of Directors now desires to direct the Finance Director of the City to accept the money to be advanced by the Developer, to authorize the execution and delivery by the Authority of the Agreement, to employ certain consultants necessary for the formation of the CFD, and to authorize and direct Authority staff to take actions necessary to present to this Board of Directors for approval the documents necessary to form the CFD.
Section 3. The Petition is hereby accepted. The Finance Director of the City is hereby requested to accept the Deposit and any future advances by the Developer pursuant to the Agreement (collectively, the "Deposits"), and to use the Deposits in the manner contemplated by the Agreement. The Executive Director of the Authority is hereby authorized and directed to execute the Agreement for and on behalf of the Authority, and to take all actions necessary, in his discretion, to implement the Agreement.
Section 4. City staff, acting for and on behalf of the Authority, are hereby requested to take all actions necessary or advisable to present to the Board of Directors for its review and approval all proceedings necessary to create the CFD. The passage of this Resolution shall in no way obligate this Board of Directors to form the CFD.
Section 5. The firm of Webb Municipal Finance, LLC is hereby designated as Special Tax Consultant to the Authority for the CFD, the firm of Fieldman Rolapp & Associates, Inc. is hereby
designated as municipal advisor to the Authority for the CFD, the firm of Empire Economics is hereby designated as price point consultant for the CFD and the firm of Quint & Thimmig LLP is hereby designated as Formation Counsel to the Authority for the CFD. The Executive Director is hereby authorized and directed to execute agreements with said firms for their services in connection with the CFD and any bonds issued for the CFD, in the respective forms filed with the Finance Director of the City. In any event, the fees and expenses of such consultants shall be payable solely from Deposits (as defined in the Agreement).
Section 6. The Executive Director, Treasurer, Secretary, legal counsel to the Authority, and all other officers and agents of the Authority are hereby authorized and directed to take all actions necessary or advisable to give effect to the transactions contemplated by this Resolution.
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 1 lth day of April, 2023.
Zak Schwank, Chair
ATTEST:
Randi Johl, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 2023- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 1 lth day of April, 2023, by the following vote:
AYES: BOARD MEMBERS:
NOES: BOARD MEMBERS:
ABSTAIN: BOARD MEMBERS:
ABSENT: BOARD MEMBERS:
Randi Johl, Secretary
Quint & Thimmig LLP
3/28/23
PETITION
(Including Waivers)
To Create a Community Facilities District and
With Respect to Related Matters
To the Board of Directors of the
Temecula Public Financing Authority
41000 Main Street
Temecula, California 92589-9033
Dear Directors:
This is a petition to create a community facilities district, and with respect to related matters, under Sections 53311 and following of the California Government Code (the "Act"), and the undersigned hereby states as follows:
1. Petitioner. This petition is submitted by the entity identified below (the "Petitioner") as the owner of the parcels of land identified below (the "Land"). By submitting this petition, the Petitioner represents to the Temecula Public Financing Authority (the "Authority") that it is the sole owner of the Land, and that the person executing this Petition is authorized to execute it for the Petitioner.
2. Proceedings Requested. The Petitioner hereby asks that the Board of Directors of the Authority undertake proceedings under the Act to create a community facilities district to be designated "Temecula Public Financing Authority Community Facilities District No. 23-01 (Altair)" (the "CFD"), to levy special taxes in the CID and to authorize special tax bonds for the CID in an amount of not to exceed $75,000,000.
3. Boundaries of CID. The Petitioner hereby asks that the territory to be included within the boundaries of the CID include the Land.
4. Purpose of CID. The Petitioner hereby asks that the CFD be created, the special taxes be levied and the bonds be issued (a) to finance costs of the public improvements identified as the "Facilities" on Exhibit A hereto, and (b) to finance other costs of issuing the special tax bonds and of providing a reserve fund for the bonds. It is also expected that special taxes will be levied to fund an annual wildlife conservation fee and costs of certain municipal services identified on Exhibit A.
5. Election. The Petitioner hereby asks that the special election to be held under the Act to authorize the levy of the special taxes and the issuance of the bonds and to establish an appropriations limit for the CID be consolidated into a single election and that the election be conducted by the Authority and its officials, using mailed or hand -delivered ballots and that such ballots be opened and canvassed and the results certified at the same meeting of the Board of Directors of the Authority as the meeting at which the public hearings on the CID under the Act are to be held, or as soon thereafter as possible.
20009.23:J18864
6. Waivers. To expedite the completion of the proceedings for the formation of the CFD, the Petitioner hereby waives all notices of hearings and all notices of election, applicable waiting periods under the Act for the election and all ballot analysis and arguments for the election. The Petitioner also waives (a) any requirement as to the specific form of the ballot to be used for the election, whether under the California Elections Code or otherwise, and (b) any notice with respect to the special taxes to be levied on property in the CFD otherwise required by California Government Code Section 54930. Notwithstanding the foregoing, please be advised that the Petitioner may transfer the Land to another entity prior to the election.
This Petition is dated April J 2023.
The property that is the subject
of this Petition is identified as
the Riverside County Assessor
Parcel Nos.:
940-310-015 940-320-001
940-310-016 940-320-002
940-310-044 940-320-003
940-310-045 940-320-004
940-310-046 940-320-005
940-310-047 940-320-006
940-310-048 940-320-007
940-310-013 922-210-049
TEMECULA WEST VILLAGE LLC,
a Delaware limited liability company
By: SCHF (M) ECI, L.P.,
its sole member
By: SCHF (GPE), LLC,
its general partner
By: _
Name:
Title: Managing Member
-2-
EXHIBIT A
DESCRIPTION OF FACILITIES AND MUNICIPAL SERVICES TO BE FUNDED BY THE CFD
FACILITIES
It is proposed that the CFD be eligible to finance all or a portion of the costs of the following facilities:
The acquisition and construction of: streets (including paving, aggregate base, striping and traffic marking, sidewalks, curbs, gutters and driveways), and traffic signals within and in the vicinity of the CFD; stormwater drainage systems (including storm drain lines, inlets, outlets, channels, structures, junctions, manholes, catch basins and related dewatering); street light improvements (including light fixtures, substructures, conduits and service points of connection); and street signage (including traffic, stop and street name signs).
The foregoing are to include the acquisition of any related right-of-way and other land needed for the installation of any such improvements, demolition of existing structures and site leveling needed for the installation of any such improvements, erosion control, and other appurtenances.
• Landscaping improvements in the public right of way, including related appurtenances.
• Amenities for parks located within and in the vicinity of the CFD. • Capital improvements included in the City of Temecula's adopted Capital Improvement Program.
• Sewer system improvements to be designated by the Eastern Municipal Water District.
• Water system improvements to be designated by the Rancho California Water District.
The Facilities include the acquisition of right-of-way, the costs of design, engineering and planning, the costs of any environmental or traffic studies, surveys or other reports, the cost of any required environmental mitigation and any required noise mitigation measures, landscaping and irrigation, soils testing, permits, plan check and inspection fees, insurance, legal and related overhead costs, coordination and supervision and any other costs or appurtenances related to any of the foregoing.
CONSERVATION FEE
It is proposed that the CFD be eligible to fund the Annual Wildlife Conservation Fee, as defined and more particularly identified in Section 4.4.5(v) of the Development Agreement, entered into as of January 9, 2018, between City of Temecula and Temecula West Village, LLC, subsequently assigned to SB Altair, LLC.
A-1
MUNICIPAL SERVICES
It is proposed that the CFD be eligible to fund all or a portion of the costs of the following municipal services:
• Public safety services, including police, fire protection and suppression services, and ambulance and paramedic services.
• Maintenance of landscaping in public areas, public easements and public right of way in or near the area of the CFD, such maintenance to include but not be limited to maintenance of planting areas, trees, bioretention filters, multipurpose trails, and the furnishing of water for irrigation.
• Maintenance of public signage in or near the CFD.
• Maintenance of storm protection and drainage systems within or serving the area of the CFD, and including storm drain pipes, culverts, detention/desilting basins, manholes, catch basins and drop inlets, cleanout of storm drains and catch basin cleaning and inspection.
• Maintenance of sidewalks, streets and roadways within or in the vicinity of the area of the CFD, and including slurry, overlay, curbs and gutters, curb ramps, striping and street sweeping.
• Maintenance of street lighting located within or in the vicinity of the CFD, and including but not limited to street lights, decorative lighting and pull box assemblies. • Maintenance of traffic signals, and traffic interconnection and video surveillance systems, within and in the vicinity of the CFD, and including but not limited to electrical, LED replacement, maintenance and replacement. • Graffiti removal from public improvements within and in the area of the CFD. • Maintenance and lighting of parks, parkways and open space. • Maintenance of water and sewer systems with an estimated useful life of five or more years and serving the area in or in the general area of the District and owned by the Temecula Public Financing Authority, the City of Temecula or by another local agency pursuant to a joint community facilities agreement or a joint exercise of powers agreement adopted pursuant to Section 53316.2 of the California Government Code.
The CFD may fund any of the following related to the services described above: the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the improvements, including repair, removal or replacement of all or part of any of the improvements, the furnishing of water for the irrigation and the furnishing of electric current or energy, for any lights or irrigation facilities, obtaining, constructing, furnishing, operating and maintaining equipment, apparatus or facilities related to providing the services and / or equipment, apparatus, facilities or fixtures in areas to be maintained, obtaining supplies or appurtenant facilities necessary for such maintenance, paying the salaries and benefits of personnel necessary or convenient to provide the services, payment of insurance costs and other related expenses. The CFD may also provide for the reimbursement to the City of Temecula to the extent that the City of Temecula advances funds to pay for any of the foregoing services, and may fund reserves for repairs and replacements and for future expected costs of services. It A-2
is expected that the services will be provided by the City of Temecula, either with its own employees or by contract with third parties, or any combination thereof.
The services to be financed by the CFD shall be in addition to those provided in the territory of the CFD before the date of creation of the CFD, and will not supplant services already available within that territory when the CFD is created.
ADMINISTRATIVE EXPENSES
The administrative expenses to be financed by the CFD include the direct and indirect expenses incurred by the Authority and the City in carrying out their respective duties with respect to the CFD (including, but not limited to, the levy and collection of the special taxes) including the fees and expenses of attorneys, any fees of the County of Riverside related to the CFD or the collection of special taxes, an allocable share of the salaries of the Authority and City staff directly related thereto and a proportionate amount of the Authority's and the City's general administrative overhead related thereto, any amounts paid by the Authority and the City from its respective general fund with respect to the CFD or the facilities, conservation fee and services authorized to be financed by the CFD, and expenses incurred by the Authority and the City in undertaking action to foreclose on properties for which the payment of special taxes is delinquent, and all other costs and expenses of the Authority and City in any way related to the CFD.
OTHER
The CFD may also finance any of the following:
1. Bond related expenses, including underwriters discount, appraisal and price point study costs, reserve fund, capitalized interest, bond and disclosure counsel fees and expenses, landowner counsel fees and expenses, and all other incidental expenses related to any special tax bonds (the "Bonds") issued for the CFD.
2. Administrative fees of the Bond trustee or fiscal agent related to the CFD and the Bonds.
3. Reimbursement of costs related to the formation of the CFD advanced by the Authority, the City of Temecula, any landowner in the CFD, or any party related to any of the foregoing, as well as reimbursement of any costs advanced by the Authority, the City of Temecula, any landowner in the CFD or any party related to any of the foregoing, for facilities, conservation fees, services or other purposes or costs of the CFD.
A-3
Quint & Thimmig LLP
3/28/23
DEPOSIT/REIMBURSEMENT AGREEMENT
Proposed
Temecula Public Financing Authority
Community Facilities District No. 23-01
(Altair)
THIS DEPOSIT/REIMBURSEMENT AGREEMENT (the "Agreement") is by and among the City of Temecula, California (the "City"), the Temecula Public Financing Authority (the "Authority") for itself and on behalf of the proposed Temecula Public Financing Authority Community Facilities District No. 23-01 (Altair) (the "CFD"), and SB Altair, LLC, a Delaware limited liability company (the "Developer").
RECITALS:
WHEREAS, the Developer has advised the City and the Authority that it plans to acquire and develop property that is subject to a Development Agreement, entered into as of January 9, 2018, between the City and Temecula West Village, LLC ("TWV"), subsequently assigned by TWV to the Developer (the "Property"); and
WHEREAS, the Developer has requested that the Board of Directors of the Authority, with the assistance of City Staff and the Authority's and the City's consultants, form the CFD under the provisions of Sections 53311 et. seq. of the California Government Code (the "Act") to include the Property and that the Authority issue special tax bonds for the CFD in order to finance various public improvements necessitated by the development of the Property and otherwise authorized to be funded pursuant to the Act, as well as to fund an annual wildlife conservation fee and various municipal services, all as to be more fully specified in the proceedings of the Board of Directors of the Authority to form the CFD; and WHEREAS, the Developer is willing to deposit funds with the Authority to ensure payment of the costs of the Authority and the City in forming the CFD and issuing special tax bonds for the CFD (the "Bonds"), provided that such funds are eligible to be reimbursed to the Developer from the proceeds of the Bonds when and if the Bonds are issued by the Authority for the CFD, all to the extent provided herein; and
WHEREAS, the Authority, the City and the Developer now desire to specify the terms of said deposit and reimbursement.
AGREEMENT:
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants set forth herein, and for other consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
Section 1. The Deposit: Additional Advances. The Developer hereby agrees to provide to the City, in the form of a check made payable to the "City of Temecula, California" $150,000.00 (the "Deposit"), to be used by the City to pay the costs in conducting proceedings 20009.23:J 18862
for the formation of the CFD and, once the CFD is formed, the possible issuance of the Bonds (as more fully described in Section 2(a) below, the "Initial Costs"), said check to be delivered by the Developer to the Finance Director of the City. The City, by its execution hereof, acknowledges receipt by the City of the Deposit. The check representing the Deposit will be cashed by the City, and the Deposit may be commingled with other funds of the City for purposes of investment and safekeeping, but the City shall at all times maintain records as to the expenditure of the Deposit.
The Developer hereby agrees to advance any additional amounts necessary to pay any Initial Costs incurred by the City or the Authority, in excess of the amount of the Deposit, promptly upon written demand therefore by the Finance Director of the City stating that the then unspent and uncommitted balance of the Deposit is less than $10,000 (the "Additional Deposits" and, collectively with the Deposit, the "Deposits"). In the event that the Developer shall fail to remit the full amount of any such demand for additional amounts to the Finance Director of the City within ten (10) days of such a written demand, the City Manager may, in his sole and absolute discretion, direct City and Authority staff and consultants to cease all work related to the formation of CFD and the possible future issuance of the Bonds until the full amount of any additional amounts so demanded has been received by the City.
Section 2. Use of Funds. The Deposits shall be administered as follows:
(a) The Finance Director of the City may draw upon the Deposits from time to time to pay the Initial Costs, including but not limited to: (i) the fees and expenses of any consultants to the City or the Authority employed in connection with the formation of the CFD, the issuance of the Bonds and the proposed expenditure of the proceeds of the Bonds to finance public improvements (such as legal counsel, including the City Attorney and Bond Counsel, and municipal advisor and special tax consultants); (ii) the costs of any price point study, market absorption study, an appraisal and other reports necessary or deemed advisable by City staff or consultants in connection with the Bonds; (iii) costs of publication of notices, preparation and mailing of ballots and other costs related to any election with respect to the formation of the CFD, the rate and method of apportionment of the special taxes to be levied therein and any bonded indebtedness thereof; (iv) a reasonable charge for City staff time, as determined by the City Manager in his sole discretion, in analyzing and participating in the formation of the CFD, the issuance of the Bonds and the expenditure of the proceeds thereof, including a reasonable allocation of City overhead expense related thereto; and (v) any and all other actual costs and expenses incurred by the City or the Authority with respect to the formation of the CFD or the issuance of the Bonds after the date of execution of this Agreement. (b) If the CFD is successfully formed and the Bonds are issued under the Act by the Authority secured by special taxes levied upon the Property, the Authority shall provide for reimbursement to the Developer, without interest, of all amounts charged against the Deposits, said reimbursement to be made to the Developer solely from the proceeds of the Bonds and only to the extent otherwise permitted under the Act. On or within ten (10) business days after the date of issuance and delivery of any Bonds, the Finance Director of the City shall return the then unexpended Deposits to the Developer, without interest, less an amount equal to any costs incurred by the City or the Authority or that the City or the Authority is otherwise committed to pay, which costs would be subject to payment under Section 2(a) above, but have not yet been so paid.
(c) If the CFD is not successfully formed and/or the Bonds are not issued, the Finance Director of the City shall, within ten (10) business days after adoption of a resolution stating the -2-
intent of the Authority to terminate proceedings under the Act with respect to the formation of the CFD and/or the issuance of the Bonds, return the then unexpended Deposits to the Developer, without interest, less an amount equal to any costs incurred by the City or the Authority or that the City or the Authority is otherwise committed to pay, which costs would be subject to payment under Section 2(a) above but have not yet been so paid.
Section 3. Reimbursement of Other Developer Costs. Nothing contained herein shall prohibit reimbursement of other costs and expenses of the Developer incurred in connection with the formation of the CFD and the issuance of the Bonds, from the proceeds of the Bonds, including, but not limited to fees and expenses of its legal counsel and any special tax or other consultant expenses incurred by it. Any such reimbursement shall be made solely from the proceeds of the Bonds, when and if issued, and only to the extent otherwise permitted under the Act and otherwise provided for, at the reasonable discretion of the Authority, in the proceedings for the issuance of the Bonds.
Section 4. Agreement Not Debt or Liability of City or Authority. It is hereby acknowledged and agreed that this Agreement is not a debt or liability of the City or the Authority, as provided in Section 53314.9(b) of the Act. Neither the City nor the Authority shall in any event be liable hereunder other than to return the unexpended and uncommitted portions of the Deposits as provided in Section 2 above and provide an accounting under Section 7 below. Neither the City nor the Authority shall be obligated to advance any of their own funds with respect to the formation of the CFD, or the issuance of any Bonds or the expenditures of the proceeds thereof, or for any of the other purposes listed in Section 2(a) hereof. No member of the City Council, the Board of Directors of the Authority or officer, employee or agent of the City or the Authority shall to any extent be personally liable hereunder.
Section 5. No Obligation to Form the CFD or to Issue the Bonds. The provisions of this Agreement shall in no way obligate the City or the Authority to form the CFD, to issue any Bonds, or to expend any of their own funds in connection with the formation of the CFD, or the issuance or expenditure of the proceeds of any Bonds. The Developer acknowledges that the formation of the CFD and the authority to issue the Bonds are subject to public hearings and a vote of the owner of the Property.
Section 6. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible.
Section 7. Accounting. The City Finance Director shall provide the Developer with a written accounting of proceeds of the Deposits expended pursuant to this Agreement, within ten (10) business days of receipt by the Finance Director of the City of a written request therefore submitted by the Developer. No more than one accounting will be provided in any calendar month and the cost of providing the accounting shall be charged to the Deposits.
Section 8. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto.
Section 9. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original.
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IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year written alongside their signature line below.
Executed on:
Executed on:
Executed on:
20009.18:J 16728
DEVELOPER:
SB ALTAIR, LLC,
, 2023 a Delaware limited liability company
, 2023
2023
By: Brookfield Temecula, LLC, a
Delaware limited liability company,
its Operations Manager
By: _
Name:
Its:
CITY:
CITY OF TEMECULA
0 Aaron Adams, City Manager
AUTHORITY:
TEMECULA PUBLIC FINANCING
AUTHORITY, for itself and on behalf of the
proposed Temecula Public Financing Authority
Community Facilities District 23-01 (Altair)
in
Aaron Adams, Executive Director
[Signature page to Deposit/Reimbursement Agreement for Community Facilities District 23-011 -4-
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