Assumptions:
ENGINEER will be available as needed to coordinate activities, review documents, provide recommendations and attend meetings during the Bid document preparation and Contract Bidding phase.
Deliverables:
ENGINEER will:
• Attend pre-bid conferences and provide information to bidders regarding City’s expectations of them throughout the project duration and familiarize bidders with the bidding documents, proposed management techniques and with any special systems, materials or methods.
• Assist the CITY and Design Engineers with the receipt of questions and timely responses to bidders.
• Assist in the review and preparation of Addenda to be issued to the Bidders. • Assist in the bid analysis including accuracy of bids, identifying the lowest responsive bidder, checking references and other bid forms and make recommendations to the CITY for the award of contracts and/or rejection of bids. • Conduct a pre-construction “kick-off meeting” that includes all agencies, utilities, and contractors that will be participating in the Project. Attend any other preconstruction meetings that may be required.
2.5- Contract Management Requirements
Compliance with the Traffic Manual, MUTCD, ADA Guidelines, CAL OSHA Safety Orders, SWPPP & PMP preparation Handbook, as applicable.
2.6- Pre-construction Walk Through.
Purpose:
To review, document and agree to the existing conditions of the project site and neighboring area conditions prior to the start of construction.
Approach:
Prior to the issuance of a Notice to Proceed, ENGINEER, the Contractor, utility company representatives, biologist, archeologists, CITY will walk the entire project and record existing conditions via a written log, still photographs, and videotape where required.
ENGINEER will provide copies of all documentation to the Contractor and the CITY.
ENGINEER 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.
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Deliverables:
A written log, still photographs and any videotape depicting existing site conditions, as recorded prior to the start of construction.
3 - Construction Management (CM) Services
ENGINEER, on behalf of the CITY, will provide construction management services for administration of the construction contract in conformance with 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 full-time. CM services are to be provided to enforce construction contract requirements.
3.1- Pre-construction Conferences
Purpose:
To provide a forum for all essential project participants to meet prior to the start of work.
This meeting will outline the CITY’s administration of the contract, introduction of the participants, and record all comments and questions submitted by the contractor.
Provides an understanding of the procedures to be used on the project and what the Contractor can expect from the CITY and its consultants.
Approach:
ENGINEER will schedule, prepare the agenda, chair and take minutes of the preconstruction meeting. The meeting will outline project specifics and inform the Contractor of project administration procedures.
Assumptions:
• The CITY will provide the meeting venue.
• The CITY will assist ENGINEER in developing the attendee list. • ENGINEER will prepare a draft agenda for CITY approval prior to the meeting.
Deliverables:
• Written agenda and minutes of pre-construction conference. • Electronic copies of pre-construction meeting minutes to the attendees. • Review and comment on contractor’s base-line schedule. • Establish ground rules of coordination & communications with contractor and designer concerning the processing and reviewing of submittals and RFI’s. • Maintain construction documents.
• Enforcement of DBE requirements (if applicable).
• Enforcement of Labor Compliance Requirements.
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• Enforcement of Quality Assurance Program.
• Completion of the Federal Resident Bridge Engineer’s Construction Contract Administration Checklist (if applicable).
• Discussion of environmental permits requirements.
• Discussion of utility company requirements.
• Preparation of invoices for WRCOG reimbursement.
3.2- 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:
ENGINEER will obtain all pertinent information as required to develop a project directory of all key personnel and stakeholders working on the project. ENGINEER will develop a graphic chart indicating the proper flow of correspondence. ENGINEER will log all information received from the Contractor and others, in Expedition. Lastly, ENGINEER will prepare and/or forward appropriate responses, obtaining CITY approval when required.
Assumptions:
• The ENGINEER Correspondence Log will be used for all correspondence received from the CITY, the Contractor and others.
• All original correspondence will remain with the ENGINEER project files. Only copies will be distributed, with the exception of shop drawing submittals. • The ENGINEER project files will be turned over to the CITY upon the conclusion of the project.
Deliverables:
• Communication flow chart.
• Written logs of information received from the CITY, the Contractor, design consultants, biologist, testing firm, citizens and/or others.
3.3- Project Changes and Construction Change Order Management Purpose:
• To 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 312
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:
ENGINEER will review potential changes to the project for contractual and technical merit, prepare independent cost estimates and schedule analysis of work, discuss proposed changes with CITY, and negotiate change order costs with the Contractor. ENGINEER will prepare change orders with all required support documentation for execution by the CITY. ENGINEER will keep the CITY apprised of cumulative changes in project cost and project duration.
ENGINEER 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
A. ENGINEER 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.
B. ENGINEER will prepare an independent cost estimate of the extra work.
C. ENGINEER 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.
D. Should ENGINEER 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
A. ENGINEER will review requests of proposed cost and/or time impacts for merit. If ENGINEER determines the request fails on merit, the Contractor will be informed of the reasons why the request is denied. Should ENGINEER determine the request has merit; ENGINEER will proceed with steps B and C.
B. ENGINEER will prepare an independent cost estimate and schedule analysis of the work.
C. ENGINEER will negotiate extra work cost and time extensions with the Contractor.
D. ENGINEER will prepare change order documents for approval and execution by the CITY.
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Assumptions:
• ENGINEER will have authority to make minor changes to work that it determines to have no cost or time impacts to the construction project. • ENGINEER 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.
• ENGINEER will prepare official change order documentation to be processed with the Contractor’s regular application for payment.
• ENGINEER will transmit electronic copies (MS Word *.docx files) of change order documentation to the CITY.
• ENGINEER will obtain final approval of all project cost and/or project time changes from the CITY prior to authorizing the Contractor to proceed with changes.
Deliverables:
• Perform quantity and cost analysis as required for negotiation of change orders. • Analyze additional compensation claims that are submitted during the construction period and prepare responses.
• Perform claims administration including coordinating and monitoring claim responses, logging claims and tracking claim status.
• Change order documentation ready for approval and execution by the CITY.
3.4- Monthly Construction Progress Reports
Purpose:
To keep the CITY apprised of the project status during the prescribed construction period.
Approach:
ENGINEER will prepare a monthly report that provides construction status to the CITY and other involved parties. The monthly report shall contain the following:
• Status of contractor’s schedule and what the contractor is doing to maintain or catch up if the schedule has slipped. While the focus will be on critical path items, other items that might become critical will be discussed in the report. • Construction and construction manager’s costs incurred for the month. • Cash flow projections for both the contractor and Construction manager. • Identify actual and potential problems associated with the construction project and consult with the Project Manager and design engineer.
• Evaluate Cost Reduction Incentive Proposals (CRIP) and provide recommendations to the Engineer for acceptance or denial. • Potential Issues, pending change orders and executed change orders. • Photographs to show construction activities and for clarity regarding special issues.
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• Other information deemed necessary for the CITY to have a concise understanding of the construction Projects.
Assumptions:
The CITY will assist ENGINEER in the initial formatting of the first report.
Deliverables:
• Monthly progress report.
• One page summary report for distribution to Senior CITY staff or elected officials.
3.5- Schedule Monitoring
Purpose:
To monitor and review the Contractor’s schedule, after acceptance of the baseline schedule, to ensure that the project is not being delayed over issues within the control of the Contractor.
Approach:
ENGINEER will develop procedures, using available software, to review the Contractor’s monthly schedule updates for logic, duration, and resource changes. ENGINEER will notify the Contractor of discovered changes and document the Contractor’s response, for the record. ENGINEER will keep the CITY apprised of the Contractor’s current construction schedule.
Assumptions:
Contract specifications will require the Contractor to use Critical Path Method (CPM) scheduling tools/software.
Deliverables:
• ENGINEER will prepare and transmit to the Contractor schedule review comments.
• Monthly review of contractor’s schedule updates and provide a summary to CITY on schedule status and impact of changes to completion date. • Monitor and facilitate utility coordination with various utility companies and the Contractor. Incorporate relocations in the schedule and report any delays and impacts to the completion date.
3.6- Cost Monitoring
Purpose:
To provide the CITY with a system that is easy to understand and provides up-to-date cost information for making timely decisions.
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Approach:
Using a combination of software like Expedition and Excel, ENGINEER 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:
• Monthly cost monitoring reports in a format to be determined. • Monthly progress report for the CITY describing key issues, cost vs. budget status, and schedule status.
3.7- Progress / Coordination Meetings
Purpose:
To provide a forum for the review of the project status, the look-ahead schedule including activity sequence and duration, schedule for delivery of long lead items, outstanding RFIs, submittals, and other project issues.
Approach:
ENGINEER will conduct weekly progress/coordination meetings, to be attended by the CITY, the Contractor, ENGINEER and other invitees. ENGINEER 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, ENGINEER will prepare a comprehensive agenda for the meeting and distribute the agenda to all parties scheduled to attend.
Following the meeting, ENGINEER 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:
• The CITY’s and Contractor’s staffs will be able to meet on a regular basis with minimal absences.
• The meeting room will be able to seat a minimum of 15 people. • Meetings will not take place more than once a week and will not last longer than one hour.
• The Contractor will submit a look-ahead schedule (2 or 3 week) at each meeting.
Deliverables:
• Agenda with status of open items from previous meetings. 316
• Meeting minutes, for review, with action items noted. • Amended meeting minutes, if required.
• Submittal, Issues log, Change Order log and RFI and RFQ working logs.
3.8- Payment Recommendations
Purpose:
To verify that the Contractor’s request for payment does not represent more than an amount that is reasonable for the work done on a monthly basis. To prepare progress payment recommendations on behalf of the CITY for work completed and materials stored on hand (if allowed).
Approach:
ENGINEER will review and approve the Contractor’s monthly progress based on the percentage of work activities complete. The Contractor will submit a certified application for payment to ENGINEER for final review. Once approved, CITY will prepare a payment application certificate, using software similar to Excel, for approval and execution by the CITY.
Assumptions:
• The CITY will make payments in accordance with the contract stipulations and State Law to the Contractor once each month.
• The ENGINEER will use software that is acceptable to the CITY for use preparing progress payment application certificates.
Deliverables:
• Contractor’s certified application for payment.
• Progress payment request documents suitable for approval and execution by the CITY.
3.9- Safety
Purpose:
To review the Contractor’s work site safety and notify the Contractor of unsafe conditions, as observed. Implement the CAL OSHA Safety Orders requirements for providing safe work site conditions.
Approach:
ENGINEER 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. ENGINEER will conduct its own bi-weekly staff safety 317
meeting to discuss specific safety procedures and issues relating to current or upcoming construction activities requiring unique safety procedures.
Assumptions:
• Contract document requires Contractor to submit its safety program and safety officer prior to the start of work.
• Contract documents or Contractor’s safety program requires contractor to submit accident reports.
• ENGINEER assumes no responsibility for safety of Contractor’s work areas. • ENGINEER assumes no responsibility for implementation of Contractor safety program, or its construction means and methods.
Deliverables:
• Accident reports from Contractor.
• Bi-weekly safety meeting minutes
• Copies of safety issues discussed during contractor’s tailgate meetings.
3.10- Environmental Coordination & Biological Monitoring Purpose:
To verify the contractor has copies of applicable permits and that the work activities abide by the requirements of the permits granted by regulatory agencies. All permits shall be kept current and renewed prior to expiration throughout the project duration.
Approach:
The CITY’s design consultant, Parsons, will provide all environmental, biological, and archeological monitoring for the project. ENGINEER shall coordinate and enforce all requirements stipulated in permits issued by regulatory agencies in conjunction with the CITY’s consultant.
Assumptions:
• All permits will be provided to ENGINEER for review.
• All permits will be included in the contract documents.
Deliverables:
• None
3.11- Neighborhood Communication /Public Information
Purpose:
To provide an efficient means for keeping traveling public, adjacent residents and businesses appraised of the work activities they will encounter during construction. To 318
provide a local contact telephone number that residents and businesses may contact to pose questions and discuss concerns.
Approach:
ENGINEER will prepare letters and door hangers to communicate with adjacent residents and businesses. Attending and facilitating public meetings, responding to citizens and business owner’s inquiries. Working with the CITY public information office.
Assumptions:
All information for public use is to be reviewed for concurrence by the CITY and provided to the City as requested.
Deliverables:
• Attend ENGINEER’s weekly Neighborhood/Business meetings on an as needed basis.
• Minutes of any meetings listing questions posed by residents and business owners.
• Work progress flyers (Dear Neighbor letters).
• Door hangers if not provided by the Contractor.
• Local contact number for ENGINEER.
• 24-hour hot line
• Project web page maintenance and updates including current schedule, progress updates, costs, public meeting information, camera feed, and project exhibits. • Provide Draft report items to the CITY and draft news releases as needed. • Coordinate with Police Department, Fire Department, emergency services, transit, schools, etc. regarding construction activities that may impact public safety. • Preparation of detour/closure exhibits for public notices.
3.12- Traffic Control and Signal Timing
Purpose:
To provide an efficient means for keeping traffic flowing through the site to adjacent residents and businesses during construction.
Approach:
Using a Traffic Engineer, ENGINEER 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 office.
Assumptions:
• Any CITY desired changes to the traffic handling will be communicated to 319
ENGINEER 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:
• Monitor, review and provide recommendations for modifications to traffic handling during construction.
• 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).
• Work with the City to implement those signal timing charts. • Provide a recommended signal timing chart for implementation at project completion based on the ultimate configuration.
3.13- Submittal Management and Review
Purpose:
To provide an efficient means of processing and reviewing submittals, including working drawings, shop drawings, product data, sample and other items furnished from the Contractor and forwarding applicable submittals to the Project Designer as may be appropriate.
Approach:
Using software similar to Expedition, ENGINEER will develop a comprehensive submittal list for distribution to the Contractor and the Designer. ENGINEER will update and submit status submittal logs for review at each coordination meeting. ENGINEER 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, ENGINEER will perform the engineering reviews and approvals for working drawings and calculations provided by the Contractor in accordance with Sections 5-1.23 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:
a) Log all submittals by Specification Section.
b) 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.
c) Construction Manager reviews submittal for general compliance with the specification.
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d) Applicable Submittals are forwarded to Designer for formal review. Submittal status is logged.
e) Submittals sent to Designer are returned to ENGINEER. Submittal status is logged.
f) ENGINEER to perform engineering review of submittals consisting of working drawings and calculations
g) Approved submittals are returned to the Contractor for use in work. Submittal status is logged.
h) ENGINEER to inform Contractor if a re-submittal is required.
Assumptions:
• ENGINEER will not be responsible for errors or omissions in submittal lists. • Coordination and submission of submittals in accordance with requirements of the contract is the responsibility of the Contractor.
• CITY will provide a listing of submittals to be reviewed by the Designer or others including CITY staff.
• ENGINEER will not make an exhaustive review of Contractor’s submittals except as noted above.
• ENGINEER will forward to the Designer all submittals designated by the CITY to be reviewed and approved by Designer. These submittals are typically for premanufactured materials and assemblies specified in the Contract.
Deliverables:
• Submittal status log.
• Check Calculations, where required.
• Copy of all approval letters, approved working drawings, submittals and final submittal log.
• Request for Information (RFI) Management
3.14- Request for Information (RFI) Management and Review Purpose:
To provide an efficient means of processing Requests for Information (RFIs) submitted by the Contractor. The efficient management of RFIs permits timely communication between the Designer and the Contractor.
Approach:
ENGINEER will receive, log and review all RFIs for completeness and verify the question is reasonable and understandable. ENGINEER will provide a short technical review of the RFI to determine if the issue is addressed adequately in the contract documents.
ENGINEER will return the RFI if the question is unclear or, in the opinion of ENGINEER staff, the answer is contained in the contract documents, noting where the requested 321
information can be found in the contract documents. ENGINEER will track RFIs, using the software similar to Expedition, and facilitate the timely response from the Designer.
Assumptions:
The Designer will respond with an answer to all RFIs within the contract stipulated time period for response. 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:
• Comprehensive log of all outstanding RFIs and their status. • Prepare responses to RFI’s related construction issues. • Transmit design related RFI’s to design engineer and copy CITY Project Manager. • Conduct meetings with the Contractor and other parties as needed to discuss and resolve RFI’s.
3.15- Document Management
Purpose:
To provide the CITY with an electronic means of tracking all documents exchanged between the parties involved in the construction of the project.
Approach:
ENGINEER will use an approved software and the ENGINEER File Index modified to conform to the Caltrans filing system to log all documents in the project field office.
Documents will be scanned into the document control system and attached to the file index categories. All documents will be filed as an electronic file and hardcopy.
Assumptions:
• ENGINEER will use and approved software.
• The CITY may not use the chosen software.
Deliverables:
• Comprehensive logs of all documents in the project files (electronic and hardcopy).
Electronic files shall not require special software to read or access. • All hardcopy project documents exchanged on the project between the various parties.
• Establish and process project control documents to include:
- Daily inspection and Resident Engineer’s diaries
- Weekly News Letter and Weekly Statement of Working Days - Monthly progress report and monthly progress pay estimate. - RFI’s, Submittals
- Correspondences with Contractor, Permitting Agencies, Utility Companies, 322
Regulatory Agencies, and other stake holders.
- Survey requests and survey notes
- Materials receipts, materials testing results, and certificate of compliance. - Mix designs for PCC, CTPB, AC, AB
3.16- Review Certified Payrolls
Purpose:
To verify the Contractor provides certified payroll reports in conformance with the provisions of the contract and applicable State Laws. To verify the certified payroll reports contain information required by the Labor Code.
Approach:
ENGINEER will receive and review certified payrolls from the Contractor and each of its subcontractors. ENGINEER will check for the “Statement of Compliance” from the Contractor and/or subcontractors and spot-check wages for each classification of laborer or craftsperson. ENGINEER will notify the CITY and the Contractor of all discrepancies and/or errors and request a corrected Certified Payroll.
Assumptions:
• ENGINEER will conduct employee interviews, for the purpose of verifying payment of prevailing wages. ENGINEER will perform a minimum of one interview per trade, per contractor per month.
• ENGINEER will not be held responsible for enforcement of the Labor Code. • ENGINEER will maintain a weekly list of subcontractors working on the project. • ENGINEER will not be responsible for identifying every worker on site.
Deliverables:
Hardcopies of the Contractor’s certified payrolls maintained in the project files.
3.17- Storm Water Pollution Prevention Plan (SWPPP)
Purpose:
To protect the CITY from potential fines from regulatory agencies by monitoring contractors' activities regarding pollution prevention controls and/or activities for general compliance with the contractor’s SWPPP Best Management Practices (BMP).
Approach:
ENGINEER will observe the contractor’s work area for general compliance with the SWPPP Best Management Practices (BMP) and notify the contractor if the pollution prevention controls are not in accordance with the SWPPP. Failure to revise and correct conditions will be cause to have the CITY take corrective action. Immediate shutdown of 323
the contractor’s work may be required if conditions are in non-compliance with the SWPPP or other permit conditions.
Assumptions:
• ENGINEER will not provide full time inspections of contractor’s work areas for compliance with the contractor(s) SWPPP and BMP.
• ENGINEER will not be responsible for contractor(s) means and methods for complying with the BMP listed in the SWPPP.
• ENGINEER will not be responsible for costs incurred by the contractor(s) for its failure to comply with its SWPPP.
• ENGINEER 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 ENGINEER documentation of site conditions kept in project file for the record.
4 - Construction Inspection Services
4.1- 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:
ENGINEER will provide experienced and qualified inspectors acceptable to the CITY.
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.
ENGINEER will coordinate and manage the utilization of ENGINEER’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, ENGINEER will negotiate and enter into sub-consultant agreements with qualified inspectors including special inspectors, as needed and defined in Task 2.5.
Assumptions:
• ENGINEER shall provide inspectors who are experienced and qualified for the inspection required.
• All inspections will be within the project limits.
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Deliverables:
• 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. • ENGINEER Inspector’s daily and/or special inspection reports maintained in the ENGINEER project files and turned over to the CITY at the completion of the project. Copies of these daily reports will be submitted on a weekly basis or upon request.
• Take and maintain digital photographs and videos as necessary to provide documentation of construction activities. All photos will be logged, dated and kept at the field office in a bound folder (hard copies and CD copy). • Verify field measurements for compliance with contract plans and specifications and provide quantity calculations for progress payments. • Continue to update an As-Built set of plans and review contractor’s marked set. • Conduct weekly project meetings, prepare, and distribute to all designated parties. • Review the updated construction schedule and maintain record. • Review laboratory, shop and mill test reports of materials and equipment, and coordinate with design engineers as required, to ensure compliance with contract requirements to guard against defects and deficiencies in the project work. • 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 CITY, Inspector may reject work which does not conform to the provisions of the contract and approving agencies. • Establish and process job control documents including:
- Daily inspection diaries
- Weekly Resident Engineers News Letter
- Monthly construction progress payment
- Request for information
- Survey requests
- Materials receipts
- Weigh master certificates
- Materials submittals
- Weekly statements of working days
- Construction change orders
- Review of certified payrolls
• The work includes installation of Water and Sewer pipes which will be maintained by Elsinore Valley Municipal Water District (EVMWD). Although EVMWD will provide their own inspectors for these facilities, the ENGINNER’s inspectors shall be familiar with the District’s requirements for the installation of these facilities. 325
4.2- Soils & Materials Testing, Construction Testing & Quality Assurance Program (QAP)
Purpose:
To provide project site soils testing and laboratory testing of construction materials used in the project for the purpose of determining roadway excavation and compaction requirements, quality and acceptability of materials and workmanship incorporated into the project and in compliance with the contract documents.
Approach:
ENGINEER will coordinate and manage the utilization of the soils, 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 and as required by the City’s Quality Assurance Manual.
Assumptions:
• It is assumed that the CITY will not provide the Soils Inspection and Materials Testing services on this contract.
• ENGINEER shall provide soils inspection, material testers, and laboratory technicians who are experienced and qualified for the inspection required. • ENGINEER will ensure the implementation of the Quality Assurance Program for source inspections, materials acceptance, and special inspections as required by the contract.
• All material testing, materials acceptance and special inspections will be within the project limits or as required by the contract.
• 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:
• Laboratory test reports maintained in the ENGINEER project files and turned over to the CITY at the completion of the project.
• Summary sheet of all test reports submitted by others to substantiate compliance with contract documents.
• 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. • Testing summary sheets.
• Coordinate source inspections and special inspections as required by the contract document and the Quality Assurance Program.
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4.3-Surveying
Purpose:
To provide construction survey services for Quality Assurance of the construction of the project and other appurtenances as may be required for completion of the project.
Approach:
ENGINEER will perform and be responsible for the accuracy of surveying adequate for construction. Engineer shall provide survey services necessary for Quality Assurance.
Construction staking, control, line and grade will be the responsibility of the contractor.
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 the Land Surveyors Act and the following requirements:
• Responsible Charge for the work shall reside with a Registered Civil Engineer possessing a license issues prior to January 1, 1982, or a licensed Land Surveyor, issued by the State of California.
• ENGINEER will ensure that all survey-staking requests are submitted and reviewed in a timely manner.
• Replacing and establishing survey monuments and benchmarks must be done only under the direction of the ENGINEER by a Licensed Land Surveyor or a Registered Civil Engineer authorized to practice land surveying within the State of California.
• ENGINEER survey sub-consultant shall provide all labor, tools, equipment and other miscellaneous items necessary to perform their work, and providing one set of construction stakes as required by the construction contract.
Assumptions:
• It is assumed that the CITY will not provide the Survey services on this contract under the direction of the CM.
• A minimum standard of survey quality shall be that of similar surveys performed by CITY.
Deliverables:
• Maintain log of construction staking requests.
• Maintain a construction-staking plan set provided by contractor in the field office for review, reference, and document any as-built changes. • Maintain files of all field notes for review and reference. 327
4.4-Review and maintain “As Constructed Schedule”
Purpose:
To track contractor’s progress during construction of the project.
Approach:
ENGINEER will use the daily inspection reports prepared by ENGINEER 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.
4.5-Maintain Photographic and Video Records of Construction Progress Purpose:
To provide the CITY with a photographic record of the project, before, during and after construction.
Approach:
Using 35mm and/or digital photography, and construction video recording cameras, ENGINEER will record the Contractor's progress during construction on a daily basis or otherwise as approved by the CITY. Care will be taken to record all items and/or conditions that have or may have a bearing on claimed extra work. Still photographs will be labeled with captions indicating subject matter, date taken, and any description required to further clarify the item/issue being photographed.
Assumptions:
All photographs will remain at the ENGINEER office until the end of the project. Video will be recoded and saved as part of the protect records. Video will also be made available to the public via the Project web site.
Deliverables:
• A detailed photographic history of all phases of the project will be maintained in an 328
album and the photographs will be indexed for ease of retrieval. Each photograph will be labeled as to location, direction of view, date, time, and description of work.
Photos will include, but not be limited to, the following:
- Showing existing conditions prior to construction
- When opening or changing a detour
- Barricade placement
- Disputed work item
- Work that has to be duplicated, replaced or removed
- Completed work
- Extra work
• Construction video cameras, with pan, zoom, tilt capabilities are to be installed prior to construction start and maintained throughout the project. One camera in each quadrant of the interchange shall be placed to capture the widest range of activity and clearest views of the project to the extent possible. Cameras may be required to be relocated as project phase’s change. ENGINEER is responsible for an appropriate power source for the cameras. Solar power may be considered.
4.6-Review and Maintain “As Built” Drawings
Purpose:
To provide the CITY with accurate record drawings for the project.
Approach:
ENGINEER will monitor the contractor’s required record drawings on a monthly basis. In addition to monitoring the contractor’s drawings, ENGINEER will maintain a copy of the contract plans for the project. ENGINEER 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 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:
• Contract documents will require contractor to prepare redline as-built drawings to reflect as- built conditions during the course of construction. • The ENGINEER 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.
• ENGINEER 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.
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Deliverables:
One set of marked up contract drawings. This set will be in addition to the contractor’s marked up set of contract drawings.
4.7-Final Inspection and Punch-list
Purpose:
To identify elements of construction requiring correction prior to final acceptance by the CITY.
Approach:
ENGINEER will perform a project inspection of the completed construction following substantial completion. During the inspection, the ENGINEER will develop a list of contract work requiring correction or rework. The written list of deficient work (punch-list) will be delivered to the CITY and CONTRACTOR within three (3) working days of the final inspection. The final punch-list will include items to be corrected that were identified previously during the course of construction.
Assumptions:
• The CITY will identify any key CITY or other permitting agency personnel to be included in the final inspection.
• ENGINEER will contact and schedule all required final inspection personnel 48 hour prior to the final inspection.
• ENGINEER will prepare the final punch-list.
Deliverables:
Final punch-list
4.8-Final Acceptance – Punch List Assistance
Purpose:
To provide the CITY with reasonable assurance that the work of the project has been completed in compliance with the general intent of the contract documents.
Approach:
ENGINEER will coordinate a walk-through with the CITY, the Designer, and the Contractor. ENGINEER, with assistance from the CITY, the Designer will prepare a punch list indicating all deficiencies and/or omissions noted in the walk-through. ENGINEER will then forward the punch list to the Contractor for correction of the work in accordance with timelines defined in the contract. ENGINEER, in conjunction with the CITY, will inspect items on the punch list once the Contractor has notified the ENGINEER that the work is complete. Completed items on the punch list will be signed off by the ENGINEER. Upon 330
completion of the punch list work the ENGINEER will notify the CITY that the work is complete and forward a copy of the completed punch list.
Assumptions:
ENGINEER will provide a preliminary punch list of outstanding work items to the Contractor. CM 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. 5 - Construction Closeout Activities
5.1-Contract Closeout
Purpose:
To provide the CITY with final closeout documentation, including any permit completion documentation.
Approach:
ENGINEER 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:
• Notice of Completion form for CITY.
• Notices of Completion for any Permits, including “duplicate” permits for project and documentation showing the NOT has been recorded.
• Copy of the Contractor’s performance bond, good for the warranty period.
5.2-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, ENGINEER will maintain a copy of up-to-date contract plans for the purpose of aiding the Designer in final review of the record drawings.
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Assumptions:
• The Contractor will be responsible for preparing the record drawings in both reproducible and electronic formats.
• ENGINEER will assist the Designer in review and final approval of the as-built record drawings.
Deliverables:
One set of contract drawings indicating recorded changes to the contract, as maintained by ENGINEER. This set will be in addition to the Contractor’s marked up set of contract drawings. Provide one copy of the revised Mylar drawings. The design consultant will prepare the record drawings for the project.
5.3-Final Project Report
Purpose:
To provide the 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:
ENGINEER will review the project documents and prepare a written report for the CITY.
As a minimum, the report will include the following:
- Names of all organizations involved with the Projects, i.e., CITY managers, construction manager, contractor and any other parties that may have a significant part in the construction of the projects.
- Chronological history of the construction effort, to include all significant dates. - Contract amounts at bid time with all other bids in tabular form. - Change order history, to include summary statement about each change, negotiated cost of each change and other information deemed necessary by ENGINEER and the CITY’s Project Manager.
- Summary of Requests for Information, in tabular or matrix form. - Summary of outstanding claims not resolved when the notice of completion is filed. - Summary of final contract amount.
- Final DBE Report (if required).
- Project photographs.
- “Lessons learned”
Assumptions:
CITY will provide input to ENGINEER regarding the form of the final report and federal required documents to be included in the report.
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Deliverables:
One hard copy and one electronic file will be provided.
5.4-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, ENGINEER 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. ENGINEER 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 application for payment, submitted to ENGINEER. Once approved, ENGINEER will forward application for payment to the CITY for final approval and processing.
Assumptions:
• There are no outstanding issues or claims.
• 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:
• Final Pay Estimate including finalized bid items, claims, change orders, punch-list items, and corrected shop drawings.
• Contractor’s last certified application for payment with application certificate. • Report of Expenditure Checklist with attachments
• Federal final report including all attachments.
6 - Field Office And Employee Equipment
The Construction Contractor will provide a construction trailer/office facility with sanitary facility, water supply, and air conditioning for the use of CM staff and provide venue for weekly construction progress meetings, coordination meetings with local agencies, utility companies, local businesses, residents and other stake holders. Supplies to be provided by the contractor include furniture, phones, computers, fax machine, Internet services, copying/reproduction machine, file cabinets, and site safety equipment required for field staff to perform their work.
333
ADDENDUM No. 1
Request For Proposals for Construction Management and Inspection Services for Bundy Canyon Road Improvement (Segment 2)
CIP 026-2
The following amendments and clarifications are made to the Request for Proposals for Professional Services. Addendum 1 must be signed and returned with proposal.
Item 1 – Response to Proposer’s Questions
Question 1 – When is the tentative start date of the project? Response: Construction of the project is tentatively schedule to start on October 2026
Question 2 – How much is the engineer's estimate?
Response: Construction cost is estimated at $38M
Question 3 – Is there an allowance?
Response: This hasn't been determined
Question 4 – The RFP appears to reference providing resumes of key team members in both the “Firm’s Qualifications and Experience” section and again in the “Project Team” section. Please confirm whether the city prefers: resumes to be included once only (and if so, in which section), or resumes to be repeated in both sections. Thank you for the clarification.
Response: Please provide Resumes of Key Personnel under "Project Team" section.
Please see attached revision..
Question 5 – The provided draft specifications Section B. “Instruction to Bidders – Time of Completion” states that the project is to be 480 working days (roughly 25 months).
RFP Section A “Introduction and Project Background” state that the estimated construction duration is 16 months. For purposes of the cost proposal, what durations should be assumed for the construction portion of the project.
Response: The contract period is estimated for 24 months, which includes 4 months of pre-construction activities (constructability reviews, utility relocation coordination, bidding and award), 16 months of construction administration and inspection, and 4 months for project close-out (As-built preparation, final invoicing, and final reporting/submittals as required). See Section 1.2 1.2- Monthly Project Progress Meetings and Reports
Question 6 – Can we use 11x17 size sheet for an organizational chart? 334
Response: No, 11x17 sheet size can be used only for the cost proposal Question 7 – Items a, b, and c in section E.3. Firms Qualifications and Experience is repeated again in section E4. Project Team as items c, d, and e. Can you please clarify which items should be placed in which section in our response? Response: Please strike out items a, b, c, from Section E.3. Firm’s Qualifications and Experience. Please see attached revision.
Question 8 – The RFP requests five (5) relevant projects completed within the last five (5) years by the assigned Project Manager. In situations where a Project Manager has several highly relevant projects that are currently ongoing and substantially similar in scope to this RFP, but fewer completed projects within the strict five-year window, would it be acceptable to include ongoing projects in lieu of older completed projects that fall slightly outside the five-year timeframe? Our intent is to present the most relevant and comparable experience to the scope of work outlined in this RFP, and in some cases, the most directly applicable projects are still in progress but well underway.
Response : Concurrent projects are acceptable to list
Question 9 – In the Specification Sections under Bid Item No. 6 Construction Phasing and Utility Coordination, a utility window is mentioned for Farm Mutual Water Company (FMWC). The RFP did not contain any draft plans for this work. Could the City provide plans or provide a general description of the relocation for FMWC? Response: The details with FMWC are still being worked out. The proposed FMWC work would include the relocation of approximately 150' linear feet of 12” water line.
Question 10 – In Section 3, Firm’s Qualifications and Experience, items c, d, and e appear to repeat the requirements listed in items a, b, and c of Section 4, Project Team. Please confirm that this duplication is unintentional and that respondents are only required to address each requirement once, covering project team experience, firm experience and understanding, and availability of key personnel.
Response: Please strike out items a, b, c, from Section E.3. Firm’s Qualifications and Experience. Please see attached revision.
Approved By: DATE
Carlos E. Geronimo, Principal Engineer
Acknowledged By: DATE:
Proposer’s Signature
ADDENDUM NO. 1 MUST BE SIGNED AND RETURNED WITH PROPOSAL
2.26.2026
02/27/2026
335
ADDENDUM No. 2
Request For Proposals for Construction Management and Inspection Services for Bundy Canyon Road Improvement (Segment 2)
CIP 026-2
The following amendments and clarifications are made to the Request for Proposals for Professional Services. Addendum 1 must be signed and returned with proposal.
Item 1 – Response to Proposer’s Questions
Question 1 – For the proposal, would it be acceptable to submit hourly rates only, with a detailed breakdown of direct and indirect costs required solely from the selected firm? Response: The Firm shall submit a detailed Fee Proposal as required by the RFP.
Each Task must be broken down with estimated hours and staff identified.
Question 2 – Does the City require the Prime Consultant and all Subconsultants to have a current audited Indirect Cost Rate (ICR)? If an audited ICR is required, must it comply with Federal Acquisition Regulation (FAR) Part 31 cost principles? How much is the engineer's estimate?
Response: ICRs are not required for this RFP. The project does not utilize Federal Funds
Question 3 – Provide a copy of the CEQA document for the project including the CEQA MMRP and specify which mitigation measures the CM team should include in its bid.? Response: Environmental monitoring/inspection is not required by the Firm. A separate consultant would be doing all the environmental monitoring and inspection.
A Copy of the CEQA document is provided with this addendum for reference.
Question 4 – Confirm Parsons is also going to do all the reporting to the regulatory agencies in addition to pre-construction and construction monitoring.
Response: This is correct. Parsons is tasked with all reporting, submittals, and inspection/monitoring of the project's environmental requirements.
Question 5 – Please clarify the requirement in section 4.5 regarding construction video cameras. The description indicates that cameras are to be installed at the quadrants of an interchange. Is the intent to be at signalized intersections, or to follow construction, or to monitor the entire project continuously? Are the cameras for viewing only or for security purposes?
Response: Please disregard the requirements in Section 4.5 for construction video cameras. This is not required.
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Question 6 – How much in person time is expected, especially in regards to Section 1.4 - Neighborhood Liaison Strategy?
Response: The Neighborhood Liaison person shall be available to meet with residents as needed and attend construction progress meetings.
Question 7 – Is the selected firm required to create and handle the 24 hour hotline? Response: Yes, the Firm is responsible for creating and monitoring the 24-hr. hotline.
Question 8 – Does the firm set up the weekly meetings or just attend as needed? Response: The Firm is responsible for setting up the construction progress meetings and preparing meeting agendas.
Question 9 – The RFP does not mention any page limits. Are there page limits for the proposal?
Response: Page limit shall be 35 pages. Please see attached revised RFP sheet.
Question 10 – Please clarify the required scope of Traffic Control Plans for this project.
The example plans provided appear to address civil improvements, storm drain, water, electrical, gas, and sewer work. Should the Traffic Control Plans prepared under this RFP include all utility disciplines shown, or only those improvements included within the consultant’s scope of work? Will any Traffic Control Plans be provided by others? Response: Traffic control Plans will be prepared by the construction Contractor. The Scope of Traffic Control under this RFP is limited to review of TC plans, inspection, and enforcement.
Question 11 – Can the City please provide sound walls plans? Response: Please see sheets 74 and 75 of Attachment E: 100% plans.
Question 12 – Can the City please provide concrete strengths for the various Portland cement components??
Response: PCC strength for various items will be finalized prior to bidding.
Approved By: DATE
Carlos E. Geronimo, Principal Engineer
Acknowledged By: DATE:
Proposer’s Signature
ADDENDUM NO. 1 MUST BE SIGNED AND RETURNED WITH PROPOSAL 3/4/2026
3/4/2026
337
CITY OF WILDOMAR
Bundy Canyon Road Improvement
9 Accenture Best Practices – Technical
Approach
Construction Management General Services
1.1 Project Controls System Development
Accenture I&CP partners with CMIS software to
aid in the administration and organization of all
project control functions on the project such as
RFIs, Submittals, Quality Assurance, Surveys,
Pay Estimates and Change orders. CMIS is a fully
integrated system that enhances efficiency by
streamlining processes. For example, daily diaries
are directly integrated with bid item quantities.
When bid items are performed and quantities
are recorded in the daily diary, this information is
automatically tabulated in the monthly pay estimate.
This integration eliminates the need for manual
tracking and backtracking to calculate quantities,
significantly speeding up the process and resulting
in faster turnaround times for monthly pay estimates.
Accenture I&CP utilizes this software for multiple
Inland Empire clients and it has proven to be a
streamlined system for project administrative
control. Accenture I&CP’s proficiency with the
software allows our team to produce Q-sheets, Pay
Estimates, and Weekly Statement of Working days
in a fraction of the time compared to traditional
methods.
1.2 Monthly Project Progress Meetings and Reports
Progress reporting is most valuable when it supports
decision-making, not documentation. Our monthly
reporting structure is designed to elevate critical
issues, clarify trade-offs, and align stakeholders
around solutions.
Each reporting cycle synthesizes schedule
performance, cost trend analysis, change order
exposure, environmental compliance status, and
utility coordination progress into a concise executive
narrative. Variances are accompanied by mitigation
strategies, not simply highlighted as concerns.
Rather than introducing new issues during monthly
meetings, our team communicates emerging risks
as they develop. The monthly session becomes
a structured governance checkpoint focused on
alignment, forward planning, and risk posture,
reinforcing accountability across the delivery team.
1.3 Document Management System
While this project does not have federal funds which
require extensive administrative procedures, our
document management approach is structured
around audit readiness from day one. We implement
a disciplined digital file architecture aligned with
Caltrans and local agency best practices, with clearly
defined naming conventions, routing protocols,
and response timelines. Submittals, RFIs, change
documentation, certified payrolls, environmental
monitoring logs, and funding records are indexed
and traceable. This level of organization reduces
administrative friction during construction and
simplifies closeout. More importantly, it protects
the City’s financial position should a claim, audit, or funding review arise.
1.4 Neighborhood Liaison Strategy
Infrastructure projects that affect daily travel
patterns require a parallel delivery strategy:
construction management and community
confidence management. Our outreach philosophy
is rooted in proactive communication. Rather than
reacting to complaints, we identify affected
stakeholders in advance, residents, commuters, trail
users, emergency services, school districts, and
neighboring jurisdictions, and establish clear
communication channels before construction
activities shift mobility patterns.
We structure outreach around a four-phase model:
(1) identify affected groups, (2) engage them early
with clear and accessible information, (3) monitor
feedback and traffic conditions during construction,
and (4) respond quickly to concerns with coordinated
solutions.
This approach builds credibility and reduces friction.
When residents understand staging, closures, and
expected durations before impacts occur, the
project benefits from greater public patience and
fewer escalations. Transparency becomes a risk
mitigation tool.
1.5 Subconsultant Management
The Accenture I&CP team has four subconsultants
to support various functions and tasks requested by
the City for the project. Each of our subconsultant
partners for the project are experts in their respective fields and will provide valuable inspection or advice
to protect the City’s interests and keep the project
in line with the Quality, Compliance, and Cost
requirements of the project.
As Project/Construction Manager, Lucas will
be responsible for the coordination, schedule,
deliverables, and cost for each of our subs. He has
worked directly with each of these firms on prior
projects and built trusting relationships with each of
our partners.
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CITY OF WILDOMAR
Bundy Canyon Road Improvement
10 We are confident that our subconsultants will
continue to deliver to the City as they have
demonstrated on previous projects and meet the
expected reporting, cost, and schedule deliverables.
Preconstruction Phase Services
2.1 Constructability Review
Upon NTP, the Accenture I&CP team will partner
with the project designer to conduct a structured
constructability review focused on staging,
sequencing, and utility coordination. This review
is intended to strengthen alignment between the
design intent and construction execution strategy
before field activities begin.
Our team will perform a detailed evaluation of the
plans and specifications to identify ambiguities,
coordination gaps, or inconsistencies that could
create schedule disruption, cost growth, or exposure
to claims. Attention will be given to interface points
between civil, structural, and electrical disciplines,
areas where scope transitions can introduce risk
if not clearly defined. We will also review bid
quantities, confirm that sufficient detail is provided
for constructability, and assess whether high-risk
elements, such as utility relocations, traffic staging, and environmental constraints, are appropriately
sequenced within the contract documents.
Where opportunities exist to simplify staging, clarify
requirements, or improve construction flow, we
will present recommendations for consideration.
This early analysis supports cost control, schedule
reliability, and defensibility throughout construction.
Additionally, the review may surface value
optimization opportunities that can be evaluated
collaboratively with the City and designer.
2.2 Preconstruction Coordination
Prior to the first day of construction, our team will
conduct a comprehensive site visit and review the
contract documents to confirm that existing field
conditions are accurately reflected in the plans. Any
discrepancies, errors, or deficiencies identified will
be promptly documented and communicated to the
City’s Project Manager. If modifications are deemed
necessary, we will assist the City with the preparation, evaluation, and processing of change orders in
accordance with the contract requirements.
Attention will be given to potential impacts on local
businesses, residents, and the traveling public to
minimize disruption during construction. Through
proactive planning, the Accenture I&CP team will
facilitate the following:
• Verification of construction limits
• Review and documentation of existing field
conditions
• Identification of staging areas, long-lead
material storage locations, and parking areas
• Identification and assessment of utilities
within the project footprint and confirmation
of their required disposition
• Photographic and video documentation of
the project site
• Early risk identification and preconstruction
coordination to help prevent delays
This deliberate and organized preconstruction
effort will support a smooth project startup and help
mitigate unforeseen issues during construction.
2.3 Construction Management Plan
Our Construction Management Plan is built
on proactive leadership, disciplined contract
administration, and strong coordination among the
City, designer, contractor, utilities, and third-party
stakeholders. Our approach emphasizes early risk
identification, thorough document control, clear
communication protocols, and consistent field
presence to maintain safety, quality, schedule,
and budget performance. Led by an experienced
Construction Manager and supported by a dedicated
inspection and compliance team, we will implement
structured reporting procedures, progress tracking,
cost control measures, and issue resolution
workflows. Through collaborative problem-solving
and timely decision-making, our team will provide
the City with transparent oversight and dependable
project delivery from preconstruction through final
acceptance.
2.4 Contract Bidding Support
Accenture I&CP is qualified and experienced
in supporting the City through the contractor
procurement process. We will assist in preparing bid
schedules, coordinating pre-bid meetings and site
walk-throughs, and working with the design team to
respond to bidder inquiries regarding the plans and
contract specifications.
Our key personnel will support the preparation and
issuance of addenda, assist with bid analysis, identify the lowest responsive and responsible bidder, and
review bid forms, bonds, references, subcontractors,
and material suppliers for compliance. We will
provide a recommendation to the City for award
of contract or rejection of bids in accordance with
applicable procurement requirements and LAPM
guidelines.
2.5 Contract Management Requirements
Effective management of large‑scale heavy
infrastructure projects requires a comprehensive
understanding of applicable standards and
procedures governing safety, quality, and
compliance. Familiarity with these requirements
allows the construction management team to apply,
verify, and document safety and quality controls
throughout construction.
The Accenture I&CP team is well versed in the
standards and procedures applicable to the Bundy
Canyon Project.
339
CITY OF WILDOMAR
Bundy Canyon Road Improvement
11 Our management approach will draw upon the
following standards and guidance to support
project administration, decision‑making, and field
oversight: the Manual on Uniform Traffic Control
Devices (MUTCD), Americans with Disabilities Act
(ADA), California OSHA safety orders, the California
State Water Resources Control Board 2022
Construction Stormwater General Permit (Order
2022‑0057‑DWQ), the Greenbook, Caltrans Standard
Specifications, and other applicable references such
as the Caltrans Construction Manual.
2.6 Preconstruction Walk Through
Our team will conduct a preconstruction site walkthrough and document existing conditions through high-resolution photography and video, prior to
the beginning of work. This documentation will
capture any utilities, and adjacent areas that could
be affected during construction.
Particular attention will be given to potential
impacts on local businesses, residents, and the
traveling public. Daily photographic documentation
will be maintained to record construction progress
and completed activities. Photographs will be made
available to the City for reporting, presentations, or
public outreach purposes.
We will use Openspace AI to document the
preconstruction conditions for confirmation that
the as-bid conditions match the bid set of plans and
specifications. This will avoid any potential claims
by the contractor.
Construction Management Services
3.1 Preconstruction Conferences
After contract award, the Accenture I&CP team
will assist the City in organizing and facilitating
the preconstruction conference. We will prepare a
comprehensive attendee list tailored to the project’s
scope, facilitating participation by key stakeholders
including the contractor, Design Engineer, City
representatives, and the CM and inspection team.
Based on project needs, we will also invite utility
companies, the SWPPP/QSP representative, traffic
control personnel, and emergency service agencies
(fire and law enforcement) as appropriate. If
applicable, jurisdictional agencies will be notified
and invited to attend.
Our team will develop a detailed agenda outlining
major construction elements, communication
protocols, safety requirements, environmental
compliance procedures, utility coordination, traffic
management, and roles and responsibilities. We
will facilitate the meeting, document discussions,
and distribute formal meeting minutes with clearly
identified action items and responsible parties.
Lucas and the core CM team will also be available
to attend public meetings and present project
status updates, change order justifications, or
other requested information to the City Council
throughout the duration of the project.
3.2 Communications and Correspondence
The Accenture I&CP team will maintain clear,
consistent, and well-documented communication
with the City, the design engineer, contractor, utility providers, and third-party stakeholders throughout
construction of the project. The team will emphasize
proactive coordination, rapid issue identification,
and timely resolution while maintaining contract
compliance and complete documentation.
Lucas will lead project communications and
coordination with the City’s Project Manager.
David will support day-to-day coordination with
the contractor and field team. Wendi Carducci,
Office Engineer, will manage document flow,
correspondence logs, action item tracking, and
distribution protocols so communication remains
organized and auditable.
3.3 Project Changes and Construction Change
Order Management
Evaluation and negotiation of Contract Change
Orders (CCOs) are among the most important
responsibilities of the construction management
team. Prompt, well-supported evaluations help
maintain momentum, reduce disputes, and support
fair and defensible decision-making.
All potential change orders will be reviewed by
Lucas prior to City consideration. Lucas will
coordinate owner-directed changes and thirdparty impacts with the City’s Project Manager. Cost, schedule, traffic staging, utility coordination, and
environmental requirements will be evaluated as
part of each change review. No change order work
will proceed without written authorization from the
City.
3.4 Monthly Construction Progress Reports
The Accenture I&CP team will provide both weekly
and monthly reporting to support City oversight
and project transparency. Reports will be tailored
to roadway construction needs including traffic
handling, utility coordination, and schedule/cost
performance.
Reports will include, as appropriate:
• Weekly Statement of Working Days – Contract
time charged and supporting notes
Openspace AI: Side-by-side comparison of completed
business driveway
340
CITY OF WILDOMAR
Bundy Canyon Road Improvement
12 • Weekly Construction Report – Work
completed, work planned, key issues,
photos, traffic impacts, and constraints
• Monthly Progress Report – Schedule status,
cost status, change activity, risk items, and
look-ahead
• Subcontractor Listing and Labor Tracking –
Active subcontractors for labor compliance
coordination
• Utility Coordination Log – Relocation status,
constraints, and upcoming coordination
needs
• Stormwater/BMP Inspection Reports – BMP
observations, deficiencies, and corrective
action tracking
• Public Outreach Summary – Notifications,
inquiries, responses, and upcoming outreach
needs
Wendi will compile and distribute formal reports
with input from the field and management team.
3.5/6. Schedule and Cost Monitoring
Schedule monitoring will extend beyond reviewing
periodic updates. Helen Shi, Project Scheduler,
will evaluate schedule logic, sequencing, activity
durations, and critical path movement. Utility
relocations, traffic staging, and third-party
constraints will be incorporated into the active
schedule, so impacts are visible early.
Cost monitoring will proceed in parallel. The team will track installed quantities against bid items, evaluate
trend impacts on contingency, and compare cost
burn rates against physical progress. Variances
between production and cost trends will trigger
focused review and discussion with the contractor
and City to support timely corrective action.
3.7 Progress/Coordination Meetings
Open communication supports safe and efficient
delivery. The Accenture I&CP team will lead weekly
construction progress meetings with the contractor
and coordinate separate meetings with the City and
third parties as needed.
Meeting agendas will typically include:
• Schedule review and look-ahead
• Submittals, RFIs, and decision items
• Change order status and potential change
items
• Utility coordination status
• Traffic control staging and public impacts
• Safety topics and field constraints
• Action items, owners, and due dates
Minutes will be distributed promptly after each
meeting. Lucas will lead meeting structure
and escalation while David will support followup and action tracking with Wendi managing documentation and distribution. If Caltrans
coordination is applicable due to permits, interfaces,
or oversight, the team will coordinate meetings
consistent with those requirements.
3.8 Payment Recommendations
Accenture I&CP will follow the City’s contract
requirements and Caltrans Local Assistance
Procedures Manual (LAPM) practices. As standard
practice, our team follows the Caltrans methodology
of pay estimates to verify the contractor’s payment
does not represent more than was is reasonably
owed during each pay period. Field documentation
(daily reports, measurements, photos, and quantity
tracking) will support monthly pay quantities.
Quantity records (Q Sheets) will be compiled
and checked prior to review by Lucas. Monthly
payment recommendations will be discussed with
the contractor and submitted to the City with
supporting documentation. Trends indicating
potential overruns will be elevated promptly with
recommended mitigation options.
3.9 Safety
Safety is treated as a shared responsibility across
the delivery team. Field staff will observe work
zone conditions, traffic control implementation,
and contractor safety practices during active
operations. Observations and corrective items will
be documented and tracked through follow-up.
Traffic safety and work zone compliance will be a
primary focus due to the project’s roadway setting
and public interface.
3.10 Environmental Coordination and Biological
Monitoring
Environmental coordination will be integrated into
day-to-day construction oversight consistent with
project permits and contract requirements. The
construction management team will coordinate
with the City, the contractor, and any assigned
environmental monitors to support permit
compliance, training requirements, and response
protocols. Environmental constraints and monitoring
needs will be reflected in planning discussions
and look-ahead reviews, so field operations align
with applicable permit conditions and approved
avoidance measures.
Bundy Canyon Rd and Farm Rd
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13 3.11 Neighborhood Communication/Public
Information
Public communication will support safe construction
operations and minimize disruption to residents,
businesses, and roadway users along the Bundy
Canyon Road corridor. Andrea Suarez will lead
outreach activities in coordination with the City’s
Public Information Officer (PIO) or designated City
representative.
Outreach activities may include advance
notifications, construction alerts, stakeholder
coordination, response tracking, and public
meeting support as requested by the City. Feedback
and inquiries will be logged, routed, and tracked
to closure with coordination support from the CM
team.
3.12 Traffic Control and Signal Timing
Traffic control will be coordinated with the contractor and City staff due to lane shifts, staged construction, and public access needs. STC Traffic will support
traffic control planning and coordination consistent
with contract requirements and applicable
standards, including the California Manual on
Uniform Traffic Control Devices (CA MUTCD).
Traffic staging, detours, and closures will be
reviewed during look-ahead planning and progress
meetings. Field staff will observe implementation
for consistency with approved plans and address
deficiencies through documented field coordination.
Signal timing or operational changes will be
coordinated with the City and contractor through
the established traffic management process.
3.13/3.14 Submittal and RFI Management and
Review
The Accenture I&CP team reviews, evaluates, and
recommends action on submittals and RFIs based
on the requirements outlined in the contract plans
and specifications. Accenture I&CP uses C-MIS to
log, track, and respond to project submittals and
RFIs. The team is highly experienced in coordinating
with design engineers on design-related RFIs and
submittals when necessary.
For materials-related submittals and RFIs, our
materials quality assurance team from Verdantas
provides additional expertise and support. RFIs
that impact project design, may cause a schedule
delay, or could have significant cost implications
are always reviewed by the Construction Manager,
Lucas, and a response drafted prior to reaching out
for concurrence from the City’s Project Manager
before issuing a response to the contractor. Our
approach helps maintain that responses comply
with contract terms unless an alternative solution
provides an overall benefit to the project.
3.15 Document Management
The team uses Egnyte cloud storage to maintain the
electronic files for the document management of
the project records. These organized records will be
key to audit ready records. C-MIS will be Accenture
I&CP’s administrative control for submittals, RFIs,
weekly statement of working days, change orders,
quantity sheets, daily reports, and pay estimates. All
team members will be given access to the files for
transparency and access to any project record.
3.16 Review Certified Payrolls
Labor compliance support will be provided by
Kathy Keating. Certified Payroll Records (CPRs)
and associated labor compliance documentation
will be reviewed for completeness and alignment
with applicable requirements. Discrepancies will
be documented and coordinated for correction
through the City’s labor compliance process and the
contractor’s administrative team.
3.17 Storm Water Pollution Prevention Plan (SWPPP)
The Accenture I&CP team will review the contractor’s
SWPPP and related documentation prior to grounddisturbing work in accordance with contract requirements and applicable regulatory processes.
Field staff will observe Best Management Practice
(BMP) implementation during construction activities,
document deficiencies, and track corrective
actions. Stormwater documentation and inspection
records will be maintained as part of the project file
to support compliance tracking and reporting.
Our team is extremely experienced in both
Stormwater and Air Quality as Lucas is a Qualified
SWPPP Developer (QSD) and has access to the
SMARTS system and will verify the Notice of Intent
(NOI) is approved prior to beginning work and any
other updates/annual reports/Notice of Terminations
(NOTs) are appropriately filed.
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14 Construction Inspection Services
4.1 Inspection and Documentation
The Accenture I&CP team will mobilize to the
Bundy Canyon Project fully prepared with project
plans, specifications, standard drawings, permit
conditions, contact lists, and reporting templates
prior to construction activities. Lucas and David
will orient field staff to the project scope, quality
requirements, traffic control staging, environmental
considerations, safety expectations, and
documentation protocols prior to field assignment.
Nick Deile will serve as Lead Field Inspector and
will provide continuous on-site inspection during
active construction operations. Michael Chevalier
will provide additional field inspection support as
needed based on contractor operations or extended
shifts.
Each inspector will be equipped with appropriate
field tools including a vehicle with safety lighting,
required PPE, mobile reporting capability (laptop
or tablet), camera, measuring devices, and grade
verification tools. Field documentation will be
prepared daily and will include labor, equipment,
quantities placed, conversations, compliance
observations, and photo records.
Inspection activities will focus on conformance
with contract plans, specifications, City standards,
Greenbook requirements, and, if applicable,
Caltrans standards. Inspectors are experienced
in roadway construction, ADA compliance, traffic
control review, SWPPP observation, and air quality
dust control requirements.
Field inspectors will participate in weekly meetings
and utilize contractor look-ahead schedules
to anticipate upcoming activities and identify
potential issues before they escalate. Inspection
documentation, materials testing coordination,
and quality assurance procedures will follow
project-specific Quality Management Plan (QMP)
requirements.
Daily Diaries
Daily field diaries will be prepared for each staff
member assigned to field operations. These records
will document:
• Contractor labor and equipment
• Work performed and quantities installed
• Locations of work (stations or limits)
• Conversations and direction given
• Compliance observations
• Weather and site conditions
Photographs will be labeled and incorporated into
daily reports. Wendi will oversee compilation and
archiving of daily reports. Lucas will periodically
review diary entries for completeness and
consistency.
Documenting Delays
Accurate and measurable documentation is critical
for evaluating time impacts and potential disputes.
Daily records will identify critical path activities,
resource levels, production rates, and instances
when scheduled work is not performed. If extra
work arises or disputed work proceeds under
protest, a separate tracking file will be established.
Labor, equipment, material usage, and time impacts
will be documented in detail to support objective
cost evaluation. Early identification of delay drivers
allows discussion and potential mitigation before
formal claims develop.
4.2 Soils and Material Testing, Construction Testing
and Quality Assurance Program (QAP)
Verdantas will provide materials testing and
laboratory services during construction. Testing
personnel will mobilize in coordination with Lucas
and the field inspection team. Materials testing
will follow contract requirements and applicable
City, County, and State standards, and Caltrans
Construction Manual guidance.
Materials Testing Process
Material Test Requests and Log
Test requests will be coordinated through the
Construction Manager or designee. Wendi will
maintain a materials testing log to track requests,
sampling dates, results, and distribution.
Field Testing
Certified field technicians will perform field density
testing, aggregate testing, concrete sampling, and
other required field procedures in accordance with
applicable ASTM and project standards. Technician
certifications will be maintained in the project file.
Laboratory Testing
Laboratory testing will include compaction curves,
gradation, sand equivalent (SE), R-value, and other
project-required tests. Results will be transmitted
promptly to the CM team for review.
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15 Office Review and Non-Compliance Tracking
Test results will be reviewed by Lucas and Wendi.
Non-compliant results will be documented and
communicated to the contractor with corrective
action tracking until resolution. All materials
documentation will be maintained in the project
records for closeout and audit purposes.
4.3 Surveying
Guida will provide construction staking services
under the direction of a licensed Professional
Land Surveyor. Upon receipt of written staking
requests from Lucas, Guida will perform
necessary calculations and field layout for roadway
improvements, utilities, grading, and other project
elements.
Survey services may include:
• Control verification
• Clearing and grading stakes
• Utility layout
• Rough and finish grade staking
• As-built data collection
Survey activities will follow applicable City
standards and Caltrans Survey Manual guidance.
Quality control procedures will include independent
verification of control points and review of plan
revisions prior to staking. Staff continuity will be
maintained throughout the project to support
accuracy and efficiency. At project completion, Guida
will collect as-built survey data for incorporation into final record drawings.
4.4 Review and Maintain As Constructed Schedule
Helen will review the contractor’s baseline schedule
and monthly updates. Critical path activities,
milestone dates, time extensions, non-working
days, and approved change order impacts will
be incorporated into schedule reviews. Utility
coordination requirements, submittal review
durations, and required notifications will be
reflected in the CPM schedule. Monthly schedule
discussions will identify slippage, float erosion, or
sequencing conflicts so corrective discussions can
occur promptly.
4.5 Maintain Photographic and Video Records of
Construction Progress
Field staff will capture comprehensive photo
documentation throughout construction. Photos
will document site conditions, work progress, traffic
control staging, utility work, materials incorporated,
and any disputed work. Photos will be cataloged
and stored electronically with date and location
references. If requested by the City, high-resolution
photography or drone imagery can be coordinated
for progress updates, presentations, or public
communications.
4.6 Review and Maintain As Built Drawings
The CM team will maintain a live set of as-built
drawings throughout construction. Field inspectors
will record plan deviations, field adjustments, utility changes, and dimensional variations on marked-up
plan sheets.
Wendi will manage electronic as-built
documentation using collaborative software
platforms such as Bluebeam Studio. At project
completion, compiled as-built documents will be
transmitted to the design engineer and City for final
record preparation. Although local funds will be
used, documentation will be formatted consistent
with applicable Local Assistance requirements.
4.7/8. Final Inspection, Punchlist, and Acceptance
Managing and communicating a punch list for large
projects can be challenging. Accenture I&CP will
streamline this process utilizing CMIS software to
keep an up-to-date, live punch list that the contractor can access. This system allows the Accenture I&CP
team, contractor, and other agencies to view,
update, and track progress in real-time. Inspectors
will enter items on the log, which the contractor
can review, correct, and update once completed.
The Accenture I&CP team will receive notifications
when items are marked complete, verify in the field,
and update the log. This system eliminates the need
for frequent meetings, reduces transmittals, and
improves project efficiency.
Construction Closeout Activities
5.1 Contract Closeout
At project completion, the Accenture I&CP team will
compile required closeout documentation, which
may include:
• Final quantities and materials certifications
• Labor compliance documentation
(coordinated with Kathy)
• Permit completion documentation
• Warranty documentation
• DBE utilization documentation (if applicable)
Required forms will be transmitted to the City for
Notice of Completion processing.
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21 4. PROJECT TEAM
Summary of Experience and
Relationships
The core Accenture I&CP team, Lucas Rathe, David
Valenzuela, and Wendi Carducci, is a proven group
of professionals who have worked continuously
together on projects since 2021. This team supported
delivery of the $40 million Mission Springs Water
District Water Reclamation Facility from 2021 to 2024
and subsequently transitioned to the $16 million
Bradley Road Bridge Project for the City of Menifee,
which is currently under construction and anticipated
to reach completion in August 2026. Accenture
I&CP plans to carry forward this team’s momentum
and apply the same disciplined, collaborative
approach to administering construction of the
Bundy Canyon Project. As a cohesive unit, this
team understands the requirements associated with
complex utility relocations, effective contractor
partnering, timely resolution of design issues, and
proactive communication with the public regarding
construction‑related impacts.
Andrea Suarez of Connect & Company and
Construction Manager Lucas Rathe have worked
together continuously on projects since 2015.
Their long‑standing professional relationship has
resulted in a shared understanding of expectations,
workflows, and communication standards necessary
to deliver clear, effective outreach materials for both the general public and city administration. Based on
this established partnership, Connect & Company is
proposed exclusively with the Accenture I&CP team
for this RFP.
In addition, Accenture I&CP’s support partner, Guida,
Verdantas, and STC Traffic, have collaborated with
Lucas on multiple complex projects, including the
City of Menifee Bradley Road Bridge Project, the
SGVCOG Turnbull Canyon Grade Separation Project,
and the RCTC I‑15 SMART Freeway Project. These
established working relationships support rapid
mobilization, efficient coordination, and consistent
delivery of high‑quality services aligned with project
demands. Together, the Accenture I&CP team’s
history of successful collaboration is unmatched.
We look forward to delivering this important safety
and mobility project for the City of Wildomar.
Accenture I&CP will serve as the Prime Consultant
and provide overall project leadership, Construction
Management, inspection oversight, contract
administration, cost and schedule control,
stakeholder coordination, and reporting. Guida
will provide survey support services including
construction staking, survey control verification,
and as‑needed field surveying. Verdantas will
perform geotechnical engineering consultation
and comprehensive materials testing and special
inspection services to maintain quality assurance
and compliance with project specifications. STC
Traffic will implement and manage traffic control
operations, including lane closures, signage,
detours, and coordination with local agencies
to maintain safe and efficient traffic flow during
construction. The team has an established working
relationship through multiple active and completed
transportation projects, enabling seamless
communication, clearly defined responsibilities,
and an integrated approach to risk management,
quality control, and schedule adherence.
Team Experience Related to Scope
LUCAS RATHE, PE, QSD - Project
Manager/Construction Manager
Lucas Rathe will serve as Project
Manager and Construction Manager for
the Bundy Canyon Road Improvement
Project, providing executive oversight
and day-to-day contract administration for
this roadway improvement effort. Lucas specializes
in Caltrans Local Assistance projects and strictly
adheres to LAPM and Construction Manual
requirements to protect funding eligibility and
maintain procedural compliance.
Lucas has extensive experience delivering grade
separations, bridges, roadway widenings, and utilityheavy transportation projects. As Resident Engineer on the $36.8M Avenue 66 Grade Separation, he
administered a Caltrans Local Assistance contract
that included a 780 linear foot (LF) cast-in-place
bridge, 1,700 LF of MSE wall, drainage improvements,
traffic signals, and relocation of more than 20
utilities. He also currently serves as Project Manager/ Resident Engineer on the $70M Turnbull Canyon
Road Grade Separation project, overseeing contract
administration, utility relocations, and coordination
with multiple agencies.
For Bundy Canyon, Lucas will oversee schedule,
budget, risk management, utility coordination,
change orders, traffic control staging, environmental
compliance, and public-facing coordination,
promoting construction progresses safely, on
schedule, and within budget while minimizing
impacts to the traveling public.
DAVID VALENZUELA, EIT - Assistant
Construction Manager
As Assistant Construction Manager,
David Valenzuela will support contract
administration, field coordination,
document control, and quantity
tracking. He brings 14 years of experience
in roadway, utility, and public infrastructure projects. 345
CITY OF WILDOMAR
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22 As Assistant Resident Engineer on the City of Menifee Bradley Bridge Project, David supported construction
of a federally funded bridge replacement
administered under Caltrans Local Assistance
procedures. He has also served as Construction
Manager for street improvement projects involving
demolition, new bike lanes, striping, and markings.
David’s experience includes RFI and submittal
tracking, progress payment review, change order
preparation, utility coordination, and SWPPP and
inspection support. On Bundy Canyon, he will assist
with daily contract administration, documentation,
cost tracking, and coordination between inspectors,
contractor, and City staff.
WENDI CARDUCCI, EIT – Office
Engineer
Wendi Carducci will serve as
Office Engineer, managing
document control, submittals, RFIs,
correspondence, and contract filing
systems. She has supported large bridge
and grade separation projects with complex
documentation requirements. On the $36.8M
Avenue 66 Grade Separation project, Wendi served
as Office Engineer/Field Inspector, supporting
construction of a railroad grade separation with
utility relocations, drainage improvements, and
traffic signals.
For Bundy Canyon, Wendi will manage submittal/
RFI logs, track contract correspondence, support
change order processing, maintain project files
per LAPM requirements, and assist with closeout
documentation. Her strong organizational and
documentation skills will support complete and
audit-ready project records.
NICK DEILE, QSP - Lead Field
Inspector
Nick Deile will serve as Senior
Inspector and Qualified SWPPP
Practitioner (QSP), overseeing erosion
control, stormwater compliance, and
environmental BMP implementation. He
is certified as a Qualified SWPPP Practitioner. He
has also managed inspection of roadway, signals,
ADA ramps, drainage improvements, and permit
compliance on multi-mile urban corridor project.
Nick is currently completing the 0.75 widening of
Bradley Road for the County of San Diego in the City
of El Cajon which required multiple complex utility
relocations including a 0.75 mile 12” waterline.
For Bundy Canyon, Nick will perform SWPPP
inspections and rainfall event monitoring, verify BMP
installation and maintenance, coordinate 401/404
and regulatory compliance, inspect roadway,
drainage, and signal improvements, and assist
with change orders and pay quantity verification.
His dual inspection and environmental compliance
experience is critical for a roadway widening project
with drainage and grading elements.
MICHAEL CHEVALIER - As Needed
Field Inspector
Michael Chevalier will provide
roadway inspection services
with a focus on pavement, ADA
improvements, drainage, traffic control,
and Caltrans-compliant documentation. He
has extensive experience on Caltrans oversight
projects involving roadway rehabilitation and
structural improvements.
On the Caltrans SR-14 project, Michael served as
lead inspector for CRCP paving, HMA placement,
drainage systems, traffic loops, and night work
operations. He also performed inspection on the
I-215 Scott Road Interchange project, which included
structural bridge work, ADA ramps, drainage,
utilities, and traffic control. His Caltrans-based
inspection methodology maintains compliance,
documentation accuracy, and public safety.
HELEN SHI - Project Scheduler
Helen Shi will lead program controls,
including cost management, CPM
schedule review, progress analysis,
forecasting, and change management.
With nearly three decades of
experience in large-scale infrastructure,
Helen brings deep expertise in schedule analysis,
contract administration, and claims avoidance.
Helen currently serves as Project Controls/Schedule
Engineer on the $70M Turnbull Canyon Road
Grade Separation project, where she administers
contract budgets, performs CPM updates and Time
Impact Analyses (TIAs), prepares independent
cost estimates, and evaluates contractor schedule
updates using Primavera P6.
She has also managed major capital programs for
LA Metro, reviewing schedules with over 10,000
activities, analyzing critical path impacts, and
preparing executive-level forecasts. For Bundy
Canyon, Helen will review and analyze baseline
and update schedules, perform TIA and recovery
schedule reviews, evaluate change order cost
and time impacts, provide earned value and cash
flow projections, and support claim avoidance
and documentation. Her expertise will help the
City maintain proactive cost and schedule control
throughout the 16-month construction duration.
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23 KATHY KEATING - Labor
Compliance
Kathy Keating will oversee labor
compliance, prevailing wage
monitoring, and DBE compliance for
the Bundy Canyon project. She has over
30 years of experience in labor relations, contract
compliance, and federally funded transportation
projects. Kathy has managed labor compliance on
major roadway, bridge, rail, and airport projects
involving FHWA and other federal funding sources.
Her experience includes $1B Gerald Desmond Bridge
Replacement, where she led PLA administration and
labor compliance for a Design-Build project
ANDREA SUAREZ - Public Outreach
Connect & Company, LLC is a
public outreach and strategic
communications firm specializing in
community engagement for public
infrastructure and transportation
projects. The firm develops and
implements comprehensive Public Outreach Plans
that include stakeholder coordination, community
notifications, multilingual communications,
branding and messaging, website and social media
management, public meeting facilitation, and
preparation of print and digital outreach materials.
Their approach emphasizes proactive, transparent
communication to keep residents, businesses, and
stakeholders informed throughout construction.
Accenture I&CP and Connect & Compnay
previuously partnered on the Avenue 66 project
and currently support the Bradley Bridge project
together. By integrating outreach efforts with
construction schedules and traffic control activities,
they help minimize disruption, maintain public
trust, and support the successful delivery of capital
improvement projects from groundbreaking through
closeout.
Guida is a Californiabased land surveying and
geospatial services firm
with over 30 years of experience supporting public
infrastructure and transportation projects
throughout the state. The firm provides
comprehensive services including topographic and
design surveys, construction staking, right-of-way
engineering, utility surveys, LiDAR and UAV mapping,
geodetic control, photogrammetry, and GIS
solutions. Guida combines advanced technology
with proven field methodologies to deliver accurate,
reliable data that supports efficient design,
construction, and project delivery for public agency
clients.
Guida currently supports Accenture I &CP on the
Turnbull Canyon Road Grade Separation and Bradley
Road projects, providing surveying and construction
support services. Their experience on complex
roadway and grade separation improvements
demonstrates their ability to coordinate effectively
with multi-disciplinary teams, maintain demanding
project schedules, and deliver precise survey control
and construction staking services in support of largescale transportation infrastructure improvements.
STC Traffic, Inc. is a specialized traffic
control and transportation safety firm
providing comprehensive temporary
traffic control (TTC) services for complex
roadway and infrastructure projects
throughout Southern California. Their
services include traffic control plan implementation,
lane closures, flagging operations, construction
signage and delineation, detour management, and
on-call emergency response. STC Traffic is known
for its strong safety culture, regulatory compliance,
and ability to maintain traffic flow while supporting
demanding construction schedules on high-volume
transportation corridors.
STC Traffic is currently supporting Accenture I&CP
on the RCTC I-15 Smart Freeway Pilot Project and
the SBCTA West Valley Connector Project, providing
traffic control coordination and field implementation
services. They previously partnered with Accenture
I&CP on the RCTD I-215/Scott Road Interchange
Project, successfully delivering traffic management
services for a complex interchange improvement.
Their experience on active freeway and arterial
roadway projects positions them well to support the
traffic control needs of the Bundy Canyon Project.
Verdantas is a nationally recognized engineering
and consulting firm providing comprehensive
geotechnical engineering and construction
materials testing (CMT) services for transportation
and public infrastructure projects. Verdantas
combines technical expertise with responsive field
services to deliver reliable data that supports safe,
cost-effective, and constructible project outcomes.
Verdantas has partnered with Accenture I&CP on
several key projects, including the I-15 SMART
Freeway Project, City of Indio Herbert Hoover
Elementary School Improvements, Avenue 66
Grade Separation, and the Bradley Road projects.
Through these efforts, Verdantas has provided
geotechnical engineering and materials testing
services in support of complex roadway and public
facility improvements, demonstrating their ability
to coordinate closely with project teams, maintain
schedule demands, and uphold rigorous quality
control standards for the project.
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24 Availability of Key Team Members
May
June
July
August
September
October
November
December
January
February
March
April
May
June
July
August
September
October
November
December
January
February
March
April
Project Manager / Construction Manager Lucas Rathe, PE, QSD* Assistant Construction Manager David Valenzuela, EIT*Office Engineer Wendi Carducci, EITLead Field Inspector Nick Deile, QSP*Field Inspector Michael ChevalierCPM Scheduler Helen ShiPublic Outreach Andrea Suarez*Traffic Control & Staging STC Traffic, Inc.Materials QA Testing VerdantasSurvey Support Guida, IncLabor Compliance Accenture Closeout
Construction Management
Full Time (120+ Hours/Month)
As Needed
Project
Support
Part Time (40-120 Hours/Month) As-Needed (Monthly Hours Vary) 2028
POSITION/ ROLE RESPONSIBLE PERSON ( * = key)
2026 2027
Pre
Construction
Construction Phase
(Estimated 16 Months)
CM NTP
Start Construction
End Construction
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25 LEGEND
P – Primary Responsibility
S – Support Role
R – Review
A – Approve
C – Consult if Necessary
O - Oversight
Roles
Lucas RatheProject/Construction ManagerDavid ValenzuelaAsst Construction ManagerWendi Carducci - Office EngineerNick Deile - Lead Field Inspector Helen Shi - Project SchedulerKathy Keating - Labor ComplianceAndrea Suarez - Public OutreachGuida - Project SurveySTS Traffic - Traffic Signal and ControlVerdantas - Materials Quality Assurance
1. Construction Management – General Services
1.1Project Control Systems (PCS) A P S S S
1.2 Monthly Progress Meetings and Reports A R P S S
1.3 Document Management System A R P S
1.4 Neighborhood Liaison Strategy R R S S S P
1.5 Subconsultant Management A P S
2. Preconstructon Services
2.1 Constructability Review P S S S S
2.2 Preconstruction Coordination A P S
2.3 Construction Management Plan A P S
2.4 Contract Bidding Support P S S
2.5 Contract Management Compliance P S S S
2.6 Preconstruction Walk-Through A P S
3. Construction Management Services
3.1 Preconstruction Conferences A P S
3.2 Communications & Correspondence A P S
3.3 Change Order Management A P S
3.4 Monthly Construction Reports A P S
3.5 Schedule Monitoring A P S
3.6 Cost Monitoring A P S
3.7 Weekly Coordination Meetings A P S
3.8 Payment Recommendations A P S
3.9 Safety Oversight A P S S
3.10 Environmental Coordination A P S S
3.11 Public Information A S S S P
3.12 Traffic Control & Signal Timing A S S S P
Staffing Plan
349
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26 LEGEND
P – Primary Responsibility
S – Support Role
R – Review
A – Approve
C – Consult if Necessary
O - Oversight
Roles
Lucas RatheProject/Construction ManagerDavid ValenzuelaAsst Construction ManagerWendi Carducci - Office EngineerNick Deile - Lead Field Inspector Helen Shi - Project SchedulerKathy Keating - Labor ComplianceAndrea Suarez - Public OutreachGuida - Project SurveySTS Traffic - Traffic Signal and ControlVerdantas - Materials Quality Assurance
3.13 Submittal Management A R P S
3.14 RFI Management A R P S
3.15 Document Control A R P S
3.16 Certified Payroll Review A S S S P
3.17 SWPPP Monitoring A P S S
4. Construction Inspection Services
4.1 Inspection & Documentation A S S P
4.2 Soils & Materials Testing/QAP A S S P
4.3 Surveying Q&A A S S P
4.4 As-Constructed Schedule A S S S P
4.5 Photographic/Video Records A S P
4.6 As-Built Drawings A S P
4.7 Final Inspection & Punch List A P S S
4.8 Final Acceptance A P S S
5. Construction Closeout
5.1 Contract Closeout A P S S
5.2 As-Built Drawings A P S S
5.3 Final Project Report A P S S
5.4 Final Payment & Expenditure Report A P S S
6. Office and Equipment
Field Office Coordination A S P S
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CITY OF WILDOMAR
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27 Organization Chart
LUCAS RATHE, PE, QSD
Project Manager
Construction Manager
DAVID VALENZUELA, EIT
Assistant
Construction Manager
WENDI CARDUCCI, EIT
Office Engineer
CONSTRUCTION
INSPECTION
NICK DEILE, QSP
Lead Field Inspector
MICHAEL CHEVALIER
As-Needed Field Inspector
CONTRACT
ADMINISTRATION
HELEN SHI
Scheduler
KATHRYN KEATING
Labor Compliance
CONNECT AND COMPANY
PUBLIC OUTREACH AND
NEIGHBORHOOD LIAISON
ANDREA SUAREZ
Public Outreach Manager
SAMIRA OBEID
Public Outreach Specialist
SURVEY - GUIDA, INC
JOSE ALCANTARA, PLS
Survey Project Manager
ZACH BUREN, LSIT
Survey Party Chief
ERIC NICKLE
Senior Survey Analyst
TRAFFIC CONTROL AND
SIGNAL TIMING - STC TRAFFIC
BRETT HANSEN, IMSA I
Construction Manager
SOILS AND MATERIAL
TESTING
QUALITY ASSURANCE -
VERDANTAS
AVI SCHWARTZ, PG
Project Manager
JASON BULSKOV
Field Material Tester
MATTHEW VINET
Laboratory Supervisor
Key Personnel
351
Note: Mark-ups are Not Allowed ☒ Prime Consultant Subconsultant 2nd Tier Subconsultant Consultant
Project No. CIP 026-2 Contract No. Date March 12, 2026
Project Description:
DIRECT LABOR
Hours Actual Hourly Rate* Total
800 $ 136.64 $ 109,312.00
3080 $ 84.88 $ 261,430.40
2920 $ 70.00 $ 204,400.00
2560 $ 78.23 $ 200,268.80
1920 $ 69.70 $ 133,824.00
160 $ 108.94 $ 17,430.40
240 $ 89.13 $ 21,391.20
$ -
$ -
$ -
* Hourly Rates will increase on January 1 of each calendar year, Starting January 1, 2027. See Escalation Worksheet for predetermined increases. **Note Prevailing Wage (PW) position | (V) - Indicates Vehicle ODC
LABOR COSTS
a) Subtotal Direct Labor Costs 948,056.80$
b) Anticipated Salary Increases (see page 2 for calculation) $31,161.72 c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 979,218.52
INDIRECT COSTS
d) Fringe Benefits e) Total Fringe Benefits [(c) x (d)] -$ f) Overhead Rate 110.61% g) Overhead [(c) x (f)] 1,083,113.60$ h) General and Administrative i) Gen & Admin [(c) x (h)] -$ j) TOTAL INDERECT COSTS [(e) + (g) + (i)] $ 1,083,113.60 FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 10.00% $ 206,233.21 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add Additional pages if necessary) Quantity Unit Unit Cost Total
2 Years 7,500.00$ 15,000.00$
1 LS 25,000.00$ 25,000.00$
10480 Hours 9.25$ 96,940.00$
l) TOTAL OTHER DIRECT COSTS 136,940.00$
m) TOTAL PRIME - ACCENTURE INFRASTRUCTURE AND CAPITAL PROJECTS, LLC [(c) + (j) + (k) + (l)] $ 2,405,505.33 m) SUBCONSULTANTS’ COSTS (Add additional pages if necessary) Subconsultant 1: Connect & Company - Public Outreach 127,989.40$ Subconsultant 2: Guida Survey - Surveying 152,955.64$
Subconsultant 3: STC Traffic, Inc.- Review Traffic Control Plans & Signal Timing 147,027.63$ Subconsultant 4: Verdantas Inc. - Material Testing 525,880.17$ Subconsultant 5:
Subconsultant 6:
Subconsultant 7:
Subconsultant 8:
n) TOTAL SUBCONSULTANTS' COSTS 953,852.84$
TOTAL COST [(c) + (j) + (k) + (n)] $ 3,359,358.18
NOTES:
3. Anticipated salary increases calculation (page 2) must accompany.
Lead Field Inspector
Office Engineer
Assistant Construction Manager
Project Manager / Construction Manager
Nick Deile, QSP
David Valenzuela, EIT
Lucas Rathe, PE
Kathryn Keating
Field Inspector Michael Chevalier
Labor Compliance
EXHIBIT 10-H1 COST PROPOSAL
TIME AND MATERIALS CONTRACT
(CONSTRUCTION MANAGEMENT & INSPECTION SERVICES)
Accenture Infrastructure and Capital Projects, LLC
Classification/Title Name
Construction Management Services for City of Wildomar Bundy Canyon Road Improvement Project (Segment 2)
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans.
Wendi Carducci, EIT
Project Vehicles
Openspace - Virtual Project Photo Documentation
CMIS - CM Software
Description of Item
Scheduler Helen Shi
352
1 2 3 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4
Name
Pre Construction Phase Construction Phase
Post-Construction Phase
Total Hours
May 2026
June 2026
July 2026
August 2026
September 2026
October 2026
November 2026
December 2026
January 2027
February 2027
March 2027
April 2027
May 2027
June 2027
July 2027
August 2027
September 2027
October 2027
November 2027
December 2027
January 2028
February 2028
March 2028
April 2028
Accenture - Construction Management & Labor ComplianceProject Manager / Construction Manager Lucas Rathe, PE 80 640 80 800 20 20 20 20 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 20 20 20 20Assistant Construction Manager David Valenzuela, EIT 200 2560 320 3080 20 20 80 80 160 160 160 160 160 160 160 160 160 160 160 160 160 160 160 160 160 80 40 40Office Engineer Wendi Carducci, EIT 40 2560 320 2920 40 160 160 160 160 160 160 160 160 160 160 160 160 160 160 160 160 160 80 40 40Lead Field Inspector Nick Deile, QSP 0 2560 0 2560 160 160 160 160 160 160 160 160 160 160 160 160 160 160 160 160Field Inspector Michael Chevalier 0 1920 0 1920 160 160 160 160 160 160 160 160 160 160 160 160Scheduler Helen Shi 0 160 0 160 24 24 8 8 8 8 8 8 8 8 8 8 8 8 8 8Labor Compliance Kathryn Keating 0 216 24 240 24 24 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 Total Accenture 320 10616 744 11680
Connect & Company - Public OutreachOutreach Director Andrea Suarez 87 170 0 257 44 44 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11Graphic Designer Christine Feldman 25 60 0 85 13 13 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4Sr. Outreach Specialist Samira Obeid 71 265 0 336 36 36 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17Outreach Specialist TBD 50 65 0 115 25 25 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 Total Connet & Company 233 560 0 793
Guida Survey - Surveying Survey Principal TBD 0 16 0 16 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1Survey Manager TBD 0 32 0 32 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2Project Surveyor TBD 1 32 2 35 1 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2Project Coordinator TBD 0 16 0 16 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1Certified Party Chief TBD 16 256 8 280 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 8Chainman TBD 16 256 8 280 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 8 Total Guida Survey 33 608 18 659
STC Traffic, Inc. - Review Traffic Control Plans & Signal TimingPrincipal Systems Engineer TBD 0 40 0 40 40Construction Inspector / Engineer IV TBD 40 160 0 200 20 20 40 40 40 40Project Engineer IV TBD 0 320 0 320 70 70 70 70 40 Total STC Traffic, Inc. 40 520 0 560
Verdantas Inc. - Material Testing
Soil Technician/Inspector** Jeffrey Santos/Jason Bulskov** 0 1520 0 1520 95 95 95 95 95 95 95 95 95 95 95 95 95 95 95 95Field Supervisor Avi Schwartz* 0 32 0 32 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2Senor Staff Engineer Joshua Ormonde* 0 48 0 48 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3Senior Project Geologist/PM Brent Adam* 0 64 0 64 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4Associate Engineer Bashir Saiid* 0 24 0 24 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2Materials Engineer Roderick Marcia 0 8 0 8 1 1 1 1 1 1 1 1Admin Support Vika Malu 0 0 0 0Dispatcher Christian McCoy 0 16 0 16 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1Admin Support Debbie Meggers 0 24 0 24 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2Admin Support Daara Abbassina 0 0 0 0 Total Verdantas Inc. 0 1736 0 1736
626 14040 762
City of WildomarBundy Canyon Road Improvement Project (Segment 2) Cost Proposal Preconstruction &
Constructability Review Construction Post Construction
Hours
Total Hours per Phase
353
ESCALATION CALCULATION WORKSHEET
Consultant
Project No. Contract No. Date March 12, 2026
Project Description:
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Direct Labor
Subtotal per Cost
Proposal
Total Hours per Cost
Proposal
Avg Hourly Rate 5 Year Contract Duration
$ 948,056.80 11680 = $81.17 2025 Avg Hourly Rate
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Avg Hourly Rate
Proposed
Escalation
January 1, 2027 - December 31, 2027 $81.17 + 4.00% = $84.42 Year 2 Avg Hourly Rate January 1, 2028 - December 31, 2028 $84.42 + 4.00% = $87.79 Year 3 Avg Hourly Rate January 1, 2029 - December 31, 2029 $87.79 + 4.00% = $91.30 Year 4 Avg Hourly Rate January 1, 2030 - December 31, 2030 $91.30 + 4.00% = $94.96 Year 5 Avg Hourly Rate
3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated %
Completed Each
Year
Total Hours per Cost
Proposal
Total Hours per Year
January 1, 2026 - December 31, 2026 24.45% * 11680 = 2856 Estimated Hours Year 1 January 1, 2027 - December 31, 2027 69.18% * 11680 = 8080 Estimated Hours Year 2 January 1, 2028 - December 31, 2028 6.37% * 11680 = 744 Estimated Hours Year 3 January 1, 2029 - December 31, 2029 0.00% * 11680 = 0 Estimated Hours Year 4 January 1, 2030 - December 31, 2030 0.00% * 11680 = 0 Estimated Hours Year 5 Total 100% Total = 11680
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate
(calculated above)
Estimated hours
(calculated above)
Cost per Year
January 1, 2026 - December 31, 2026 $81.17 * 2856 = $231,819.37 Estimated Hours Year 1 January 1, 2027 - December 31, 2027 $84.42 * 8080 = $682,081.41 Estimated Hours Year 2 January 1, 2028 - December 31, 2028 $87.79 * 744 = $65,317.74 Estimated Hours Year 3 January 1, 2029 - December 31, 2029 $91.30 * 0 = $0.00 Estimated Hours Year 4 January 1, 2030 - December 31, 2030 $0.00 * 0 = $0.00 Estimated Hours Year 5 = $ 979,218.52
= $ 948,056.80
= $31,161.72 Transfer to Page 1
Total Direct Labor Cost with Escalation
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
Accenture Infrastructure and Capital Projects, LLC
CIP 026-2
Construction Management Services for City of Wildomar Bundy Canyon Road Improvement Project (Segment 2) 354
Consultant
Project No. CIP 026-2 Contract No. Date March 12, 2026
Project Description:
DIRECT LABOR
Hours Actual Hourly Rate* Total
257 $ 84.62 $ 21,747.34
85 $ 61.60 $ 5,236.00
336 $ 43.26 $ 14,535.36
115 $ 34.28 $ 3,942.20
$ -
$ -
$ -
$ -
$ -
$ -
* Hourly Rates will increase on January 1 of each calendar year, Starting January 1, 2027. See Escallation Worksheet for predetermined increases. **Note Prevailing Wage (PW) position | (V) - Indicates Vehicle ODC
LABOR COSTS
a) Subtotal Direct Labor Costs $ 45,460.90
b) Anticipated Salary Increases (see page 2 for calculation) $963.11 c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 46,424.01
INDIRECT COSTS
d) Fringe Benefits 0.00% e) Total Fringe Benefits [(c) x (d)] $ - f) Overhead Rate 132.50% g) Overhead [(c) x (f)] $ 61,511.81 h) General and Administrative 0.00% i) Gen & Admin [(c) x (h)] $ - j) TOTAL INDERECT COSTS [(e) + (g) + (i)] $ 61,511.81
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 10.00% $ 10,793.58 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add Additional pages if necessary) Quantity Unit Unit Cost Total
1 EA $350.00 $350.00
1 EA $1,000.00 $1,000.00
1 EA $2,410.00 $2,410.00
1 EA $5,500.00 $5,500.00
$ -
$ -
$ -
$ -
$ -
l) TOTAL OTHER DIRECT COSTS $ 9,260.00
m) TOTAL SUB CONSULTANT [(c) + (j) + (k) + (l)] $ 127,989.40 NOTES:
3. Anticipated salary increases calculation (page 2) must accompany.
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans.
Postcard printing and mailing
Outreach Specialist TBD
Hotline
Description of Item
Printing
Mileage (70 miles from riverside, 44 times)
Construction Management Services for City of Wildomar Bundy Canyon Road Improvement Project (Segment 2) EXHIBIT 10-H1 COST PROPOSAL
TIME AND MATERIALS CONTRACT
(CONSTRUCTION MANAGEMENT & INSPECTION SERVICES)
Note: Mark-ups are Not Allowed Prime Consultant ☒Subconsultant 2nd Tier Subconsultant Connect & Company - Public Outreach
Classification/Title Name
Outreach Director Andrea Suarez
Graphic Designer Christine Feldman
Sr. Outreach Specialist Samira Obeid
355
ESCALATION CALCULATION WORKSHEET
Consultant
Project No. Contract No. Date March 12, 2026
Project Description:
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Direct Labor
Subtotal per Cost
Proposal
Total Hours per Cost
Proposal
Avg Hourly Rate 5 Year Contract Duration
$ 45,460.90 793 = $57.33 2025 Avg Hourly Rate
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Avg Hourly Rate
Proposed
Escalation
January 1, 2027 - December 31, 2027 $57.33 + 4.00% = $59.62 Year 2 Avg Hourly Rate January 1, 2028 - December 31, 2028 $59.62 + 4.00% = $62.01 Year 3 Avg Hourly Rate January 1, 2029 - December 31, 2029 $62.01 + 4.00% = $64.49 Year 4 Avg Hourly Rate January 1, 2030 - December 31, 2030 $64.49 + 4.00% = $67.07 Year 5 Avg Hourly Rate
3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated %
Completed Each
Year
Total Hours per Cost
Proposal
Total Hours per Year
January 1, 2026 - December 31, 2026 47.04% * 793 = 373 Estimated Hours Year 1 January 1, 2027 - December 31, 2027 52.96% * 793 = 420 Estimated Hours Year 2 January 1, 2028 - December 31, 2028 0.00% * 793 = 0 Estimated Hours Year 3 January 1, 2029 - December 31, 2029 0.00% * 793 = 0 Estimated Hours Year 4 January 1, 2030 - December 31, 2030 0.00% * 793 = 0 Estimated Hours Year 5 Total 100% Total = 793
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate
(calculated above)
Estimated hours
(calculated above)
Cost per Year
January 1, 2026 - December 31, 2026 $57.33 * 373 = $21,383.25 Estimated Hours Year 1 January 1, 2027 - December 31, 2027 $59.62 * 420 = $25,040.76 Estimated Hours Year 2 January 1, 2028 - December 31, 2028 $62.01 * 0 = $0.00 Estimated Hours Year 3 January 1, 2029 - December 31, 2029 $64.49 * 0 = $0.00 Estimated Hours Year 4 January 1, 2030 - December 31, 2030 $0.00 * 0 = $0.00 Estimated Hours Year 5 = $ 46,424.01
= $ 45,460.90
Estimated total of Direct Labor Salary Increase = $963.11 Transfer to Page 1 Connect & Company - Public Outreach
CIP 026-2
Construction Management Services for City of Wildomar Bundy Canyon Road Improvement Project (Segment 2) Total Direct Labor Cost with Escalation
Direct Labor Subtotal before Escalation
356
Consultant
Project No. CIP 026-2 Contract No. Date March 12, 2026
Project Description:
DIRECT LABOR
Hours Actual Hourly Rate* Total
16 $ 110.00 $ 1,760.00
32 $ 95.00 $ 3,040.00
35 $ 75.00 $ 2,625.00
16 $ 45.00 $ 720.00
280 $ 69.96 $ 19,588.80
280 $ 59.68 $ 16,710.40
$ -
$ -
$ -
$ -
* Hourly Rates will increase on January 1 of each calendar year, Starting January 1, 2027. See Escallation Worksheet for predetermined increases. **Note Prevailing Wage (PW) position | (V) - Indicates Vehicle ODC
LABOR COSTS
a) Subtotal Direct Labor Costs $ 44,444.20
b) Anticipated Salary Increases (see page 2 for calculation) $1,329.20 c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 45,773.40
INDIRECT COSTS
d) Fringe Benefits 77.46% e) Total Fringe Benefits [(c) x (d)] $ 35,456.07 f) Overhead Rate 119.48% g) Overhead [(c) x (f)] $ 54,690.06 h) General and Administrative i) Gen & Admin [(c) x (h)] $ - j) TOTAL INDERECT COSTS [(e) + (g) + (i)] $ 90,146.13
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 10.00% $ 13,591.95 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add Additional pages if necessary) Quantity Unit Unit Cost Total
3500 Mile $0.73 $ 2,537.50
$ 44,444.20 $0.02 $ 906.66
$ -
$ -
$ -
$ -
$ -
$ -
$ -
l) TOTAL OTHER DIRECT COSTS $ 3,444.16
m) TOTAL SUB CONSULTANT [(c) + (j) + (k) + (l)] $ 152,955.64 NOTES:
3. Anticipated salary increases calculation (page 2) must accompany.
Construction Management Services for City of Wildomar Bundy Canyon Road Improvement Project (Segment 2) EXHIBIT 10-H1 COST PROPOSAL
TIME AND MATERIALS CONTRACT
(CONSTRUCTION MANAGEMENT & INSPECTION SERVICES)
Note: Mark-ups are Not Allowed Prime Consultant ☒Subconsultant 2nd Tier Subconsultant Guida Survey - Surveying
Classification/Title Name
Survey Principal
Survey Manager
Project Surveyor
Project Coordinator
Certified Party Chief
Mileage
Chainman
Description of Item
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans.
Facilities Capital Cost
N/A
357
ESCALATION CALCULATION WORKSHEET
Consultant
Project No. Contract No. Date March 12, 2026
Project Description:
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Direct Labor
Subtotal per Cost
Proposal
Total Hours per Cost
Proposal
Avg Hourly Rate 5 Year Contract Duration
$ 44,444.20 659 = $67.44 2025 Avg Hourly Rate
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Avg Hourly Rate Proposed Escalation
January 1, 2027 - December 31, 2027 $67.44 + 4.00% = $70.14 Year 2 Avg Hourly Rate January 1, 2028 - December 31, 2028 $70.14 + 4.00% = $72.95 Year 3 Avg Hourly Rate January 1, 2029 - December 31, 2029 $72.95 + 4.00% = $75.86 Year 4 Avg Hourly Rate January 1, 2030 - December 31, 2030 $75.86 + 4.00% = $78.90 Year 5 Avg Hourly Rate
3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated %
Completed Each
Year
Total Hours per Cost
Proposal
Total Hours per Year
January 1, 2026 - December 31, 2026 28.07% * 659 = 185 Estimated Hours Year 1 January 1, 2027 - December 31, 2027 69.20% * 659 = 456 Estimated Hours Year 2 January 1, 2028 - December 31, 2028 2.73% * 659 = 18 Estimated Hours Year 3 January 1, 2029 - December 31, 2029 0.00% * 659 = 0 Estimated Hours Year 4 January 1, 2030 - December 31, 2030 0.00% * 659 = 0 Estimated Hours Year 5 Total 100% Total = 659
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate
(calculated above)
Estimated hours
(calculated above)
Cost per Year
January 1, 2026 - December 31, 2026 $67.44 * 185 = $12,476.75 Estimated Hours Year 1 January 1, 2027 - December 31, 2027 $70.14 * 456 = $31,983.64 Estimated Hours Year 2 January 1, 2028 - December 31, 2028 $72.95 * 18 = $1,313.01 Estimated Hours Year 3 January 1, 2029 - December 31, 2029 $75.86 * 0 = $0.00 Estimated Hours Year 4 January 1, 2030 - December 31, 2030 $0.00 * 0 = $0.00 Estimated Hours Year 5 = $ 45,773.40
= $ 44,444.20
Estimated total of Direct Labor Salary Increase = $1,329.20 Transfer to Page 1 Guida Survey - Surveying
Construction Management Services for City of Wildomar Bundy Canyon Road Improvement Project (Segment 2) Total Direct Labor Cost with Escalation
Direct Labor Subtotal before Escalation
CIP 026-2
358
Consultant
Project No. CIP 026-2 Contract No. TBD Date March 12, 2026 Project Description:
DIRECT LABOR
Hours Actual Hourly Rate* Total
40 $ 88.39 $ 3,535.60
200 $ 81.84 $ 16,368.00
320 $ 81.84 $ 26,188.80
0 $ -
0 $ -
0 $ -
0 $ -
0 $ -
0 $ -
0 $ -
* Hourly Rates will increase on January 1 of each calendar year, Starting January 1, 2027. See Escallation Worksheet for predetermined increases. **Note Prevailing Wage (PW) position | (V) - Indicates Vehicle ODC
LABOR COSTS
a) Subtotal Direct Labor Costs $ 46,092.40
b) Anticipated Salary Increases (see page 2 for calculation) $1,382.77 c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 47,475.17
INDIRECT COSTS
d) Fringe Benefits 70.65% e) Total Fringe Benefits [(c) x (d)] $ 33,541.21 f) Overhead Rate 107.06% g) Overhead [(c) x (f)] $ 50,826.92 h) General and Administrative i) Gen & Admin [(c) x (h)] $ - j) TOTAL INDERECT COSTS [(e) + (g) + (i)] $ 84,368.13
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 10.00% $ 13,184.33 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add Additional pages if necessary) Quantity Unit Unit Cost Total
1 LS $2,000.00 $ 2,000.00
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
l) TOTAL OTHER DIRECT COSTS $ 2,000.00
m) TOTAL SUB CONSULTANT [(c) + (j) + (k) + (l)] $ 147,027.63 NOTES:
3. Anticipated salary increases calculation (page 2) must accompany.
Construction Management Services for City of Wildomar Bundy Canyon Road Improvement Project (Segment 2) EXHIBIT 10-H1 COST PROPOSAL
TIME AND MATERIALS CONTRACT
(CONSTRUCTION MANAGEMENT & INSPECTION SERVICES)
Note: Mark-ups are Not Allowed Prime Consultant ☒Subconsultant 2nd Tier Subconsultant STC Traffic, Inc.- Review Traffic Control Plans & Signal Timing Classification/Title Name
Principal Systems Engineer
Construction Inspector / Engineer IV
Traffic Counts
Project Engineer IV
Description of Item
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans.
359
ESCALATION CALCULATION WORKSHEET
Consultant STC Traffic, Inc.- Review Traffic Control Plans & Signal Timing Project No. Contract No. 19-06 Date March 12, 2026
Project Description:
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Direct Labor
Subtotal per Cost
Proposal
Total Hours per Cost
Proposal
Avg Hourly Rate 5 Year Contract Duration
$ 46,092.40 560 = $82.31 2025 Avg Hourly Rate
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Avg Hourly Rate
Proposed
Escalation
January 1, 2027 - December 31, 2027 $82.31 + 4.00% = $85.60 Year 2 Avg Hourly Rate January 1, 2028 - December 31, 2028 $85.60 + 4.00% = $89.02 Year 3 Avg Hourly Rate January 1, 2029 - December 31, 2029 $89.02 + 4.00% = $92.59 Year 4 Avg Hourly Rate January 1, 2030 - December 31, 2030 $92.59 + 4.00% = $96.29 Year 5 Avg Hourly Rate
3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated %
Completed Each
Year
Total Hours per Cost
Proposal
Total Hours per Year
January 1, 2026 - December 31, 2026 25.00% * 560 = 140 Estimated Hours Year 1 January 1, 2027 - December 31, 2027 75.00% * 560 = 420 Estimated Hours Year 2 January 1, 2028 - December 31, 2028 0.00% * 560 = 0 Estimated Hours Year 3 January 1, 2029 - December 31, 2029 0.00% * 560 = 0 Estimated Hours Year 4 January 1, 2030 - December 31, 2030 0.00% * 560 = 0 Estimated Hours Year 5 Total 100% Total = 560
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate
(calculated above)
Estimated hours
(calculated above)
Cost per Year
January 1, 2026 - December 31, 2026 $82.31 * 140 = $11,523.10 Estimated Hours Year 1 January 1, 2027 - December 31, 2027 $85.60 * 420 = $35,952.07 Estimated Hours Year 2 January 1, 2028 - December 31, 2028 $89.02 * 0 = $0.00 Estimated Hours Year 3 January 1, 2029 - December 31, 2029 $92.59 * 0 = $0.00 Estimated Hours Year 4 January 1, 2030 - December 31, 2030 $0.00 * 0 = $0.00 Estimated Hours Year 5 = $ 47,475.17
= $ 46,092.40
Estimated total of Direct Labor Salary Increase = $1,382.77 Transfer to Page 1 CIP 026-2
Construction Management Services for City of Wildomar Bundy Canyon Road Improvement Project (Segment 2) Total Direct Labor Cost with Escalation
Direct Labor Subtotal before Escalation
360
Consultant
Project No. CIP 026-2 Contract No. Date March 12, 2026
Project Description:
DIRECT LABOR
Hours Actual Hourly Rate* Total
1520 $ 93.60 $ 142,272.00
32 $ 54.31 $ 1,737.92
48 $ 39.86 $ 1,913.28
64 $ 59.73 $ 3,822.72
24 $ 75.48 $ 1,811.52
8 $ 93.56 $ 748.48
0 $ 39.60 $ -
16 $ 36.40 $ 582.40
24 $ 33.55 $ 805.20
0 $ 28.35 $ -
* Hourly Rates will increase on January 1 of each calendar year, Starting January 1, 2027. See Escallation Worksheet for predetermined increases. **Note Prevailing Wage (PW) position | (V) - Indicates Vehicle ODC
LABOR COSTS
a) Subtotal Direct Labor Costs $ 153,693.52
b) Anticipated Salary Increases (see page 2 for calculation) $4,610.81 c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 158,304.33
INDIRECT COSTS
d) Fringe Benefits 69.19% e) Total Fringe Benefits [(c) x (d)] $ 109,530.76 f) Overhead Rate 106.84% g) Overhead [(c) x (f)] $ 169,132.34 h) General and Administrative i) Gen & Admin [(c) x (h)] $ - Calrans ICR ID Number: L2026-2129
j) TOTAL INDERECT COSTS [(e) + (g) + (i)] $ 278,663.10
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 10.00% $ 43,696.74 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add Additional pages if necessary) Quantity Unit Unit Cost Total
1 LS $3,216.00 $ 3,216.00
Lab Soils/Materials Testing 1 LS $42,000.00 $ 42,000.00 $ -
$ -
$ -
$ -
$ -
$ -
l) TOTAL OTHER DIRECT COSTS $ 45,216.00
m) TOTAL SUB CONSULTANT [(c) + (j) + (k) + (l)] $ 525,880.17 NOTES:
3. Anticipated salary increases calculation (page 2) must accompany.
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans.
Mileage
Materials Engineer Roderick Marcia
Admin Support Vika Malu
Dispatcher Christian McCoy
Admin Support Debbie Meggers
Admin Support Daara Abbassina
Description of Item
Senor Staff Engineer Joshua Ormonde*
Senior Project Geologist/PM Brent Adam*
Associate Engineer Bashir Saiid*
Classification/Title Name
Soil Technician/Inspector** Jeffrey Santos/Jason Bulskov** Field Supervisor Avi Schwartz*
Construction Management Services for City of Wildomar Bundy Canyon Road Improvement Project (Segment 2) EXHIBIT 10-H1 COST PROPOSAL
TIME AND MATERIALS CONTRACT
(CONSTRUCTION MANAGEMENT & INSPECTION SERVICES)
Note: Mark-ups are Not Allowed Prime Consultant ☒Subconsultant 2nd Tier Subconsultant Verdantas Inc. - Material Testing
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ESCALATION CALCULATION WORKSHEET
Consultant
Project No. Contract No. Date March 12, 2026
Project Description:
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Direct Labor
Subtotal per Cost
Proposal
Total Hours per Cost
Proposal
Avg Hourly Rate 5 Year Contract Duration
$ 153,693.52 1736 = $88.53 2025 Avg Hourly Rate
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Avg Hourly Rate
Proposed
Escalation
January 1, 2027 - December 31, 2027 $88.53 + 4.00% = $92.07 Year 2 Avg Hourly Rate January 1, 2028 - December 31, 2028 $92.07 + 4.00% = $95.76 Year 3 Avg Hourly Rate January 1, 2029 - December 31, 2029 $95.76 + 4.00% = $99.59 Year 4 Avg Hourly Rate January 1, 2030 - December 31, 2030 $99.59 + 4.00% = $103.57 Year 5 Avg Hourly Rate
3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated %
Completed Each
Year
Total Hours per Cost
Proposal
Total Hours per Year
January 1, 2026 - December 31, 2026 25.00% * 1736 = 434 Estimated Hours Year 1 January 1, 2027 - December 31, 2027 75.00% * 1736 = 1302 Estimated Hours Year 2 January 1, 2028 - December 31, 2028 0.00% * 1736 = 0 Estimated Hours Year 3 January 1, 2029 - December 31, 2029 0.00% * 1736 = 0 Estimated Hours Year 4 January 1, 2030 - December 31, 2030 0.00% * 1736 = 0 Estimated Hours Year 5 Total 100% Total = 1736
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate
(calculated above)
Estimated hours
(calculated above)
Cost per Year
January 1, 2026 - December 31, 2026 $88.53 * 434 = $38,423.38 Estimated Hours Year 1 January 1, 2027 - December 31, 2027 $92.07 * 1302 = $119,880.95 Estimated Hours Year 2 January 1, 2028 - December 31, 2028 $95.76 * 0 = $0.00 Estimated Hours Year 3 January 1, 2029 - December 31, 2029 $99.59 * 0 = $0.00 Estimated Hours Year 4 January 1, 2030 - December 31, 2030 $0.00 * 0 = $0.00 Estimated Hours Year 5 = $ 158,304.33
= $ 153,693.52
Estimated total of Direct Labor Salary Increase = $4,610.81 Transfer to Page 1 Verdantas Inc. - Material Testing
CIP 026-2
Construction Management Services for City of Wildomar Bundy Canyon Road Improvement Project (Segment 2) Total Direct Labor Cost with Escalation
Direct Labor Subtotal before Escalation
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EXHIBIT "B"
Insurance Requirements
Service Provider shall procure and maintain, for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Service Provider, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Service Provider has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if Service Provider provides written verification it has no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriate to the Service Provider’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of Agreement work. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement of work. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement effective date, the Service Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work. A copy of the claims reporting requirements must be submitted to the City for review.
If the Service Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Service Provider. Any available insurance 363
proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Service Provider including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Service Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this Agreement, the Service Provider’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Service Provider’s insurance and shall not contribute with it.
Notice of Cancellation
Service Provider shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Service Provider shall forthwith obtain and submit proof of substitute insurance.
Waiver of Subrogation
Service Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Service Provider may acquire against the City by virtue of the payment of any loss under such insurance. Service Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Service Provider, its employees, agents and subcontractors.
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Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Service Provider to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurance must be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
Service Provider shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Service Provider’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Service Provider shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Service Provider shall ensure that City is an additional insured on insurance required from subcontractors.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 365
CITY OF WILDOMAR
CITY COUNCIL REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.12
Meeting Date: May 13, 2026
SUBJECT: Request to Annually Raise MIA/POW Flag at the Wildomar Cemetery for Memorial Day
SUBMITTED BY: Jason Farag, Public Works Director/City Engineer PREPARED BY: Daniel Torres, Public Works Manager
ACTION:
Approve the annual display of the Missing in Action (MIA)/Prisoner of War (POW) commemorative flag at the Wildomar Cemetery District flagpole on Memorial Day in accordance with the City Flag Display Policy.
SUMMARY:
Staff recommends City Council approval to annually display the MIA/POW flag at the Wildomar Cemetery on Memorial Day, in accordance with the City’s Flag Display Policy. The flag would be flown to honor military personnel who were Prisoners of War or Missing in Action.
BACKGROUND:
The City Flag Display Policy, adopted on April 13, 2022, establishes guidelines for the display of flags at designated City locations, including the Wildomar Cemetery. The policy authorizes the display of commemorative flags, such as the Missing in Action (MIA)/Prisoner of War (POW) flag, upon approval by the City Council during a regular or special meeting. A copy of the policy is included as Attachment A.
DISCUSSION:
Staff requests that the City Council approve the annual recurring display of the MIA/POW commemorative flag at the Wildomar Cemetery District flagpole each Memorial Day in accordance with the City Flag Display Policy, unless otherwise directed by future City Council action.
By motion, the City Council would authorize the recurring annual display as an official commemorative observance honoring military personnel who were Prisoners of War or remain Missing in Action, thereby eliminating the need for separate annual approvals while remaining consistent with the intent and provisions of the City’s Flag Display Policy FISCAL IMPACT:
None
ATTACHMENTS:
A - Flag Policy
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CITY OF WILDOMAR POLICY ON DISPLAY OF FLAGS
I. Purpose
A. The Wildomar City Council desires to establish clear guidelines regarding:
1. The outdoor display of the United States Flag, the California State Flag, and the City of Wildomar Flag at City facilities or City-owned or City-maintained flagpoles; and
2. The outdoor display of commemorative flags at the Wildomar City Hall, Marna O’Brien Park, Fire Station 61 and the Wildomar Cemetery District.
B. In adopting this Policy, the City Council desires to reflect the dignity of the flags flown on flagpoles or displayed at City-owned or City-maintained facilities, as well as the role of the Wildomar City Hall as an inclusive gathering location and local symbol of government and democracy.
C In adopting this Policy, the City Council declares that flagpoles owned or maintained by the City of Wildomar are not intended to serve as a forum for free expression by the public, but rather as a non-public forum for the display of the United States, State of California, City of Wildomar, and any commemorative flag authorized by the City Council as an expression of the City Council's official sentiments (government speech).
II. Policy
A. Conformance with Federal and State Regulations. Flags shall be displayed in accordance with Federal and State statutes and regulations, including, but not limited to, United States Code, Title 4, Chapter 1 and California Government Code section 430 et seq., and this Policy.
1. Per California Government Code section 431(a), the Flag of the United States and the Flag of the State of California shall be prominently displayed upon or in front of public buildings of the City.
2. Per California Government Code section 434.7, any Flag of the United States or Flag of California that the City purchases must be made in the United States.
3. The United States Flag may only be flown at half-staff in accordance with the guidelines set forth at https://www.usa.gov/flag. The State of California Flag shall be flown at half-staff if the United States Flag is flown at half-staff or on order of the Governor.
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B. City Facilities other than the Wildomar City Hall. At facilities that the City owns or maintains (other than facilities maintained by other governmental entities), there may be one flagpole where the United States Flag shall be flown and the State of California flag may be flown as described in Section II.
C. Wildomar City Hall.
1. There shall be flagpoles at the Wildomar City Hall to fly the following flags in the manner described below: Flag of the United States, Flag of the State of California, Flag of the City of Wildomar, and any approved commemorative flag.
2. The City of Wildomar Flag shall fly at half-staff if either the United States or California Flag is at half-staff. The Mayor may order the City of Wildomar Flag to fly at half-staff at the death of a current or former City Council Member or current City staff member or a historically significant member of the community.
3. Commemorative Flag.
a. As expression of the City’s official government speech, the City Council may authorize the display of a commemorative flag to fly at the Wildomar City Hall, Marna O’Brien Park, Fire Station 61 and the Wildomar Cemetery District flagpoles only. b. The City Council shall only consider a request to display a commemorative flag if the request is made by a member of the Wildomar City Council and another City Council member agrees to place the discussion to authorize such display on the agenda for a regular or special City Council meeting.
Requests to fly a commemorative flag by members of the
public will not be considered.
c. At a noticed and agendized City Council meeting, a
majority of Council Members must agree to display the
commemorative flag.
d. Commemorative flags shall be displayed for a period of time that is reasonable or customary for the subject that is to be commemorated, but no longer than thirty (30) consecutive days.
e. Commemorative flags must be either purchased by the City or temporarily donated for the City’s use and must be clean, 368
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without holes and tears, and be made of an all-weather fabric.
Commemorative flags must be the same size or smaller than the United States and California flags that are flown. The City will not be responsible for the condition of the commemorative flag once flown.
f. If any other flag is flown at half-staff, the commemorative flag will also be flown at half-staff.
g. A “commemorative flag” as defined in this Policy shall mean a flag that identifies with a specific historical event, cause, nation or group of people that the City Council choses to honor or commemorate consistent with the City’s mission and priorities. The following are not allowed as Commemorative Flags and will not be considered by the City Council:
i. Flags of a particular religious movement or creed to avoid the appearance of City government endorsing
religion or a particular religious movement or creed;
ii. Flags of a political party to avoid the appearance of City government endorsing a political party; and
iii. Flags advocating a certain outcome in an election.
III. Procedures
A. No other flag shall be placed above the United States Flag and no other flag shall be larger than the United States Flag. Other flags may be flown at the same height and in the same size, in accordance with this Policy. Where both the United State Flag and the California State Flags are flown, they shall be of the same size.
B. Flags should be hoisted briskly and lowered ceremoniously. The United States Flag should be hoisted first and lowered last.
C. Flags shall be displayed during operating hours on all days on which the City is open for business, and on national and State holidays. Flags may be displayed twenty-four (24) hours a day as long as they are illuminated during darkness.
D. Flags shall not be displayed during inclement weather, unless all-weather flags are used and are illuminated during darkness.
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E. When flags are displayed on a single pole, the order from top to bottom shall be: the United States Flag, the California State Flag, and, if displayed, the City of Wildomar Flag.
F. When the flags are flown from adjacent flag poles, the United States Flag shall be flown at the highest point of honor, which is the furthest point to the left from the standpoint of the observer ("the flag's right").
G. When a flag is displayed at half-staff, it shall first be hoisted to the peak for a moment and then lowered to half-staff position. Before being lowered at the end of the day or when taken down, the flags shall again be hoisted to the peak for a moment and then fully lowered.
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CITY OF WILDOMAR
CITY COUNCIL REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.13
Meeting Date: May 13, 2026
SUBJECT: Professional Services Agreement with MNS Engineers, Inc. for Engineering and Design Services for Sedco Boulevard
Roadway Safety Improvements and MDP Line C (CIP 096)
and Cooperative Funding Agreement with the Riverside County Flood Control and Water Conservation District (District) for Sedco MDP Line C, Stage 1
SUBMITTED BY: Jason Farag, Public Works Director/City Engineer PREPARED BY: Ninette Eva, Associate Engineer
ACTION:
1. Authorize the City Manager and Mayor to execute the Funding/Cooperative Agreement with Riverside County Flood Control and Water Conservation District (District) for the Design and Construction of the Sedco Master Drainage Plan Line C, Stage 1
2. Authorize the City Manager to execute a Professional Services Agreement with MNS Engineers, Inc. in the amount not to exceed $580,685 for the Sedco Boulevard Roadway Safety Improvements Project (CIP 096).
SUMMARY:
The Professional Services Agreement with MNS Engineers, Inc. will provide Environmental, Design, and Right-of-Way Engineering services for the preparation of construction plans, specifications, and cost estimates. The Funding/Cooperative Agreement between the City and the District establishes funding and responsibilities for the design and construction of the Sedco Master Drainage Plan (MDP) Line C, Stage 1 Project. The project will enhance roadway safety along Sedco Boulevard, while also constructing a storm drain system to improve stormwater conveyance and reduce flooding.
BACKGROUND:
Included in the City’s 5-Year Capital Improvement Program (CIP) is the Sedco Boulevard Roadway and Safety Improvements and MDP Line C Storm Drain Project (CIP 096). The City is a recipient of Safe Streets and Roads for All (SS4A) grant funding for the roadway safety improvements portion of the project. SS4A is a federal grant program to support local and regional efforts to prevent roadway fatalities and serious injuries. The City applied for the grant program in September of 2022 and was awarded the grant. A Grant Agreement between the City and the Federal Highway Administration (FWHA) was executed in July of 2024. The total grant award is $2,218,531 which will fund environmental review, project design, right-of-way, and construction.
Currently, Sedco Boulevard has a median along most of its length and sidewalks along the segment between Mission Trail and Wildomar Road. However, sidewalks require widening, 371
and the roadway lacks striping and bike lanes. The intersections at Crescent Avenue, Wildomar Road and Lakeview Terrace are controlled by two-way stops without marked crosswalks. This project will improve safety and connectivity of Wildomar’s roadway network by adding Class II bicycle lanes, widening existing sidewalks and adding approximately 325 linear feet of new sidewalk, installing high visibility crosswalks, and three roundabouts that will function as a traffic calming measure to encourage slower speeds on Sedco Boulevard from Mission Trail to Lakeview Terrace.
In addition, the project includes the construction of the Sedco Master Drainage Plan (MDP) Line C, Stage 1 storm drain system, identified in both the Riverside County Flood Control District’s (District) Master Drainage Plan for the Sedco Area and the City’s Master Drainage Plan. The project will install approximately 1,000 linear feet of underground storm drain to convey 100-year storm flows and reduce flooding and debris impacts. The City submitted a funding request to the District for Sedco MDP Line C on November 3, 2025. The District’s contribution amount of $1,476,883 was authorized by the zone commissioners during their December 2025 budget hearing. The District funding will cover a portion of costs related to the design, regulatory permits, right-of-way and construction for the storm drain.
DISCUSSION:
Staff prepared a formal Request for Proposals (RFP) for Professional Services to design the project. Proposals were solicited through the City’s PlanetBids account on October 1, 2025.
Proposals were submitted by four (4) firms on November 13, 2025.
The four firms that submitted proposals were:
1. MNS Engineers, Inc.
2. Mark Thomas & Company
3. CR Associates
4. TKE Engineering
A proposal review panel was selected to review and evaluate the proposals based on specific evaluation criteria included in the RFP, which included:
Past experience of similar projects
Understanding of the proposed work
Detailed scope of work
Team qualifications
Based on the results of the panel’s evaluations, the top two ranked firms were invited to interview to clarify proposal details, evaluate each firm’s approach, and assess project understanding prior to final selection. Following the interviews and evaluation process, MNS Engineers, Inc. was determined to be the most qualified firm to perform the services.
Following negotiations with MNS and internal review, the scope of services was revised to move the bidding and award services, as well as Phase 2 of the storm drain improvements, to optional tasks, thereby reducing the base fee for the Phase 1 design. Phase 2 of the storm drain includes evaluating feasible storm drain alignment alternatives from Lakeview Terrace to the existing Caltrans culverts near I-15, including assessment of environmental permitting requirements, right-of-way acquisition, and potential impacts to Caltrans right-of-way. Phase 2 may be completed at a later date, subject to the availability of funding, and is not included in the final contract amount. The final negotiated contract amount for the design of CIP 096 is 372
$580,685.
Staff and the consultant have finalized a Services Agreement including a detailed scope of work and fee, which are included in Attachment A. Included in the scope of work are additional and optional tasks mentioned above and would only be completed if the City chooses to authorize it.
The Funding/Cooperative Agreement outlines the roles and responsibilities of the City and the District for the design and construction of the Sedco MDP Line C, Stage 1 Project and is included as Attachment B of this report. The City will serve as the lead agency for the project and will be responsible for project management, environmental compliance, design and construction administration. The District will contribute funding in an amount not to exceed $1,476,883 for design and construction of Sedco MDP Line C, Stage 1. Following the completion of construction and acceptance of the project, the District will accept ownership, operation, maintenance responsibility for the Sedco MDP Line C storm drain facility. The City will retain ownership and maintenance responsibility for the associated appurtenant facilities within City right-of-way.
Staff recommends that the City Council authorize the City Manager and the Mayor to execute the Funding/Cooperative Agreement with the District for the Construction of Sedco Master Plan Drainage Line C, Stage 1, and authorize the City Manager to execute a Professional Services Agreement between the City of Wildomar and MNS Engineers, Inc.
ACCOUNT CODE:
201-4500-52115
451-4500-52115
502-4500-52115
509-4500-52115
FISCAL IMPACT:
The Professional Services Agreement with MNS Engineers, Inc. for design services is in the amount of $580,685 and is included in the approved CIP 096 budget, supported by Measure A, Drainage Impact Fees, SS4A grant funds, and District contributions.
The total District contribution for the design and construction of Sedco MDP Line C, Stage 1 is $1,476,883. Per the funding agreement, the following items are eligible for reimbursement:
1. 100% of the design proposal associated with drainage improvements (Storm Drain design, Hydrology and Hydraulics, Geotechnical Report, and potholing).
2. Up to 100% of the actual costs not to exceed the appraised value and estimated escrow and closing costs for right-of-way and rights of entry.
3. Up to 100% of the lowest responsible bid contract price for construction and an additional 10% of bid price for change orders.
4. Administrative costs for design and construction.
The Safe Streets and Roads for All (SS4A) grant funding for the roadway safety improvements portion of the project grant amount is $2,218,531. Allocation of the SS4A grant is as follows:
Environmental Review/Preliminary Design: $200,000
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Final Design and Right-of-Way: $18,531
Construction: $2,000,000
Funds to cover the cost of the MNS agreement are proposed to come from the following funding sources:
Funding Source Amount
201 - Measure A $50,000
451 - DIF Drainage $102,354
509 - Federal Grants
(SS4A)
$218,531 (Max. allowable contribution for
design including ROW)
502 - RCFC (District)
$209,800 (100% of drainage related design
items)
Total $580,685
ATTACHMENTS:
A - MNS Professional Services Agreement
B - Funding-Coop Agreement - Sedco Line C-1
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AGREEMENT FOR SERVICES
By and Between
THE CITY OF WILDOMAR,
a municipal corporation
and
MNS ENGINEERS, INC.,
a California corporation
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AGREEMENT FOR SERVICES
BETWEEN
THE CITY OF WILDOMAR, CALIFORNIA
AND
MNS ENGINEERS, INC.
This Agreement for Services (“Agreement”) is entered into as of this 13th day of May, 202 6 by and between the City of Wildomar, a municipal corporation (“City”) and MNS Engineers, Inc., a California corporation (“Service Provider”). City and Service Provider are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by request for proposal the performance of the services defined and described particularly in Section 2 of this Agreement.
B. Service Provider, following submission of a proposal and quote for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Wildomar’s Municipal Code, City has authority to enter into this Services Agreement and the City Manager has authority to execute this Agreement.
D. The Parties desire to formalize the selection of Service Provider for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is for two (2) years/twenty four months commencing on the date first ascribed above.
SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services. Service Provider agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
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(b) Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Service Provider shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Service Provider to continue performing the Services.
SECTION 3. ADDITIONAL SERVICES.
Service Provider shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Service Provider the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Five Hundred Eighty Thousand Six Hundred Eight-Five dollars ($580,685), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. In accordance with California Government Code Section 8546.7, if the Not to Exceed Amount exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement and the Service Provider's books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
(b) Each month Service Provider shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-Service Provider contracts. Sub-Service Provider charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Service Provider to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Service Provider for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Service Provider which are disputed by City, City will use its best efforts to cause Service 377
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Provider to be paid within forty-five (45) days of receipt of Service Provider’s correct and undisputed invoice.
(d) Payment to Service Provider for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Service Provider.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Service Provider’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Service Provider’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Service Provider’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud.
Acceptance of any of Service Provider’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS; EXCEPTIONS; REPRESENTATIONS Except as otherwise provided below, all documents, data, studies, drawings, maps, models, photographs and reports prepared by Service Provider (collectively, “Documents”) under this Agreement are City’s property. Service Provider may retain copies of such Documents as desired but will deliver all original materials to City upon City’s written notice. City agrees that use of Service Provider’s completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at City’s own risk. Service Provider represents that all Documents it drafts and completes pursuant to this Agreement constitutes original work. Specifically, Service Provider understands and agrees that use of artificial intelligence (AI) tools including, without limitation, ChatGPT, Microsoft’s Bing Chat, Google’s Bard, and Meta’s LLMMA (Large Language Model Meta AI), in the performance of this Agreement does not constitute an original work, i.e., submitting Documents generated by such AI tools to City and representing it as Service Provider’s original work constitutes a material breach of this Agreement, constitutes a false claim, and may also violate applicable intellectual property right laws including, without limitation, United States Copyright Law. Accordingly, and notwithstanding any other provision of this Agreement as to ownership, City specifically rejects ownership of such Documents. Service Provider is required to indemnify and defend City to the fullest extent allowed by applicable law should it violate this Section.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Service Provider. Upon completion, expiration or termination of this Agreement, Service Provider shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents. 378
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If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement, Service Provider’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
All Final Work Product developed by Service Provider in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Service Provider. Upon completion, expiration or termination of this Agreement, Service Provider shall turn over to City all such Final Work Product if paid for by the City. This provision specifically excludes Service Providers’ work notes and drafts, which are owned by Service Provider, not City.
SECTION 7. SERVICE PROVIDER'S BOOKS AND RECORDS.
(a) Service Provider shall maintain any and all documents and records demonstrating or relating to Service Provider’s performance of the Services. Service Provider shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Service Provider pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Service Provider’s address indicated for receipt of notices in this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Service Provider’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives.
SECTION 8. INDEPENDENT CONTRACTOR.
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(a) Service Provider is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Service Provider shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.
(b) The personnel performing the Services under this Agreement on behalf of Service Provider shall at all times be under Service Provider’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Service Provider or any of Service Provider’s officers, employees, or agents except as set forth in this Agreement. Service Provider shall not at any time or in any manner represent that Service Provider or any of Service Provider’s officers, employees, or agents are in any manner officials, officers, employees or agents of City.
(c) Neither Service Provider, nor any of Service Provider’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Service Provider expressly waives any claim Service Provider may have to any such rights.
SECTION 9. STANDARD OF PERFORMANCE.
Service Provider shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Service Provider shall employ, at a minimum, generally accepted professional standards and practices in a manner consistent with the level of care and skill ordinarily utilized by persons of the same profession engaged in providing services similar to the Services required of Service Provider under this Agreement (Standard of Care). In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Service Provider’s work under this Agreement.
Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Service Provider shall keep itself informed of and exercise the Standard of Care at all times to comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Service Provider shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Service Provider to comply with this section. 380
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SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Service Provider that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.
SECTION 12. NONDISCRIMINATION.
Service Provider shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.
SECTION 13. UNAUTHORIZED ALIENS.
Service Provider hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein.
Should Service Provider so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Service Provider hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
SECTION 14. CONFLICTS OF INTEREST.
(a) Service Provider covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Service Provider’s performance of the Services. Service Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Service Provider agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
(b) City understands and acknowledges that Service Provider is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Service Provider is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Service Provider will perform nonrelated services for other governmental agencies and private Parties following the 381
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completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Service Provider in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Service Provider. Service Provider shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
(b) Service Provider, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Service Provider gives City notice of such court order or subpoena.
(c) If Service Provider, or any officer, employee, agent or subcontractor of Service Provider, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Service Provider for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Service Provider’s conduct.
Service Provider shall promptly notify City should Service Provider, its officers, employees, agents or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Service Provider or be present at any deposition, hearing or similar proceeding. Service Provider agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Service Provider. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Service Provider shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
SECTION 16. INDEMNIFICATION.
A. General
(1) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Service Provider’s services, to the fullest extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless 382
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City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Service Provider, or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or sub-contractors of Service Provider, in the performance of professional services under this Agreement.
(2) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Service Provider, or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or sub-contractors of Service Provider. (3) Indemnification from Sub-Service Providers. Service Provider agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every sub-Service Provider or any other person or entity involved by, for, with or on behalf of Service Provider in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Service Provider fails to obtain such indemnity obligations from others as required herein, Service Provider agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Service Provider and shall survive the termination of this Agreement or this section. (4) City’s Negligence. The provisions of this section do not apply to claims occurring as a result of City’s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.
B. Design Professional Indemnification
To the extent Service Provider or any sub-consultants are Design Professionals as defined in Civil Code Section 2782.8, the following indemnification provisions shall apply:
(1) Indemnification by Design Professional. Where the services to be provided by Design Professional under this Agreement are design professional services, as that 383
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term is defined under Civil Code Section 2782.8, Design Professional agrees to indemnify, defend and hold harmless, the City, its officers, officials, employees and volunteers from any and all claims, demands, costs or liability that actually or allegedly to the extent arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Design Professional and its agents in the performance of services under this contract, but this indemnity does not apply to liability for damages for bodily injury, property damage or other loss, arising from the sole negligence, active negligence or willful misconduct by the City, its officers, official employees, and volunteers. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of the City, then Design Professional’s indemnification and defense obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the Design Professional’s proportionate percentage of fault. (2) As respects all acts or omissions which do not arise directly out of the performance of design professional services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, Design Professional agrees to indemnity, defend and hold harmless the City, its officers officials, employees and volunteers for an against any claim, demands, losses, liability of any kind or nature arising out of or in connection with the Design Professional's performance or failure to perform under the terms of this contract, excepting those which arise out of the active negligence, sole negligence or willful misconduct of the City, its officers, officials, employees and volunteers.
(3) Indemnification from Sub-consultants. Design Professional agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-consultant, sub-contractor or any other person or entity involved by, for, with or on behalf of Design Professional in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Design Professional fails to obtain such indemnity obligations from others as required here, Design Professional agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.
This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Design Professional and shall survive the termination of this Agreement or this section.
(4) City's Negligence. The provisions of this section do not apply to Claims occurring as a result of City’s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.
SECTION 17. INSURANCE.
Service Provider agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Service Provider agrees to provide City with copies of 384
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required policies upon request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Service Provider are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Service Provider under this Agreement. In recognition of that interest, Service Provider shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Service Provider’s duties or obligations under this Agreement without the prior written consent of the City. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Service Provider, in the performance of its duties pursuant to this Agreement, may utilize sub-contractors.
SECTION 19. CONTINUITY OF PERSONNEL.
Service Provider shall make every reasonable effort to maintain the stability and continuity of Service Provider’s staff and sub-contractors, if any, assigned to perform the Services. Service Provider shall notify City of any changes in Service Provider’s staff and sub-contractors, if any, assigned to perform the Services prior to and during any such performance.
SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Service Provider. In the event such notice is given, Service Provider shall cease immediately all work in progress. (b) Service Provider may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Service Provider or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Service Provider, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Service Provider or City, all property belonging exclusively to City which is in Service Provider’s possession shall be returned to City. Service Provider shall furnish to City a final invoice for work performed and expenses incurred by Service Provider, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.
SECTION 21. DEFAULT.
In the event that Service Provider is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Service Provider 385
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for any work performed after the date of default. Instead, the City may give notice to Service Provider of the default and the reasons for the default. The notice shall include the timeframe in which Service Provider may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Service Provider is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Service Provider does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of the Service Provider’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
SECTION 22. EXCUSABLE DELAYS.
Service Provider shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Service Provider. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 23. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Service Provider in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.
SECTION 24. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Wildomar
Attn: Director of Public Works/City Engineer
23873 Clinton Keith Rd., Suite 201
Wildomar, CA 92595
To Service Provider: MNS Engineers, Inc.
Attn: Michael Ip
3850 Vine Street, Suite 110
Riverside, CA 92507
Notice shall be deemed effective on the date personally delivered or transmitted 386
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by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 25. AUTHORITY TO EXECUTE.
Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to execute this Agreement.
SECTION 26. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Wildomar Municipal Code.
SECTION 27. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 28. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Service Provider and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Wildomar Municipal Code. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. The City’s City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City’s rights under this Agreement. All other amendments shall be approved by the City Council.
SECTION 29. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Service Provider shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 30. LAW TO GOVERN; VENUE.
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This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 32. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "G", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Service Provider and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding. Due to the grant funding supporting the Services, as set forth in this Agreement, the Parties agree to comply with the requirements, as set forth in Exhibits “D” through “G,” which are listed below and incorporated by reference into this Agreement:
Exhibit D: Exhibit 10-Q, Disclosure of Lobbying Activities Exhibit E: U.S. DEPARTMENT OF TRANSPORTATION - GENERAL TERMS AND CONDITIONS UNDER THE FISCAL YEAR 2022 SAFE STREETS AND
ROADS FOR ALL (“SS4A”) GRANT PROGRAM: FHWA PROJECTS
Exhibit F: U.S. DEPARTMENT OF TRANSPORTATION – EXHIBITS TO FHWA GRANT AGREEMENTS UNDER THE FISCAL YEAR 2022 SAFE STREETS AND ROADS FOR ALL (SS4A) GRANT PROGRAM
Exhibit G : SS4A Grant Application Documents.
SECTION 33. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s). 388
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SECTION 34. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF WILDOMAR
Chris Mann
City Manager
ATTEST:
Janet Morales Garcia, CMC
City Clerk
APPROVED AS TO FORM
Thomas D. Jex
City Attorney
By: By:
Brandon Reyes Shawn Kowalewski
Its: Vice President Its: Vice President
NOTE: SERVICE PROVIDER’S SIGNATURES SHALL BE DULY NOTARIZED,
AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY
BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO SERVICE
PROVIDER’S BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
On , before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
Signature of Notary Public Place Notary Seal Above
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
PARTNER(S) LIMITED NUMBER OF PAGES
GENERAL
ATTORNEY-IN-FACT DATE OF DOCUMENT
TRUSTEE(S)
GUARDIAN/CONSERVATOR SIGNER(S) OTHER THAN NAMED ABOVE
OTHER
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 390
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
On , before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
Signature of Notary Public Place Notary Seal Above
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
PARTNER(S) LIMITED NUMBER OF PAGES
GENERAL
ATTORNEY-IN-FACT DATE OF DOCUMENT
TRUSTEE(S)
GUARDIAN/CONSERVATOR SIGNER(S) OTHER THAN NAMED ABOVE
OTHER
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 391
392
Sedco Boulevard Roadway Safety Improvements and MDP Line C Storm Drain Project Scope of Work
PHASE 1: DESIGN
TASK 1: PROJECT MANAGEMENT
MNS will provide project management for the entire duration of the Project and coordinate with the City and other key project stakeholders.
We will conduct a project kick-off meeting with the City-designated Project Manager and City staff. At the kick-off meeting, key members will be introduced, and the following will be discussed: scope of work, project approach, work plan, deliverables, schedule, and additional requests for information.
Task 1.1 Project Management
MNS will identify a project manager who will direct, monitor, manage and oversee the efficient delivery of services performed by in-house staff and sub-consultants to assure conformance with all applicable federal, state, and local regulations and quality control requirements, budgets, and schedules.
Task 1.2 Project Oversight and Meetings
MNS will provide management and oversight of project and deliverables, including a kick-off meeting, preparing agendas/minutes, updating schedule, milestones, project critical path, submitting invoices and progress reports.
Under the SS4A, the City has until July 1, 2028, to complete construction of the project. MNS will structure the design schedule to ensure that Environmental and Design/PS&E phases are completed in time to advertise, award, and complete construction within the grant deadline.
Deliverables:
Meeting Agenda, Meeting Minutes and Project Schedule.
Task 1.3 SS4A Grant Requirements
As recipients of the SS4A grant, the project will require additional reporting. MNS will provide invoices which include the following:
Performed work for the period of service
Upcoming tasks or milestones
Status of scope, schedule, and budget
Risk assessment and proposed mitigation
Deliverables:
Monthly Progress Report and Invoice compliant with SS4A requirements.
TASK 2: PRELIMINARY ENGINEERING
Task 2.1 Research and Review Available Data
MNS will compile and review all related records and documents from the City as are available. Document research includes the County, City, utility, and other pertinent record holders.
Task 2.2 Utility Research and Coordination
MNS will conduct a detailed local utility investigation to confirm the most recent contacts for all affected utilities and cross-reference the findings with any information provided by the City. Each company will be initially contacted with a first utility notice letter to inform them of the upcoming project and request information pertaining to their utilities such as verification of the sizes, depths, and locations of their underground and aboveground lines, facilities, and substructures within the project vicinity. The compiled information will be integrated into the 393
preliminary engineering plans and provided to all affected utility owners with the second utility notification letter seeking confirmation of utility information. We will meet with the affected utility owners throughout the development of the plans as needed.
Task 2.3 Utility Potholing
MNS team member, C Below, Inc. (C Below) will perform potholing (including any traffic control, and City/County permits) 5 potholes. Potholes will be repaired with a permanent AC cold patch. Hot patching can be provided as an optional task.
MNS will coordinate with the City to determine the locations where potholing is required. Potholing will be used to identify the horizontal and vertical positioning of existing utilities along the storm drain alignment that may conflict with existing utilities.
MNS will coordinate the work between C Below and the City’s Utility Coordinator. The Utility Coordinator will schedule the City’s Survey Crew to survey the horizontal and vertical control points of all potholes performed. We will prepare a pothole diagram which will be used to identify the required pothole locations in the field. We will have an RCFCD Engineer onsite during the potholing process. C Below will prepare a pothole report.
Deliverables:
Pothole Diagram and Pothole Report
Task 2.4 Topographic Survey
MNS will perform a Topographic Survey of the entire Project area through a combination of field survey and aerial photogrammetry meeting design level survey standards and based on USGS NAD83 and NAVD88 datums.
Specific requirements include:
Perform aerial and field surveys to capture existing conditions within and beyond project limits. Establish survey ground control for photogrammetry and topography suitable for future use. Ensure data coverage extends sufficiently outside project boundaries to tie into existing improvements. Confirm aerial mapping limits with the City prior to commencement. Provide design-level mapping suitable for use in engineering design and R/W determination. Offer cross-sections as an optional service at this stage. Survey cross-sections can be provided as an optional task.
Deliverables:
Design-Level Topographic Base Map (field and aerial integration). Survey Control Network (NAD83/NAVD88 datums).
Task 2.5 Site Evaluation
MNS will schedule a site inspection and evaluation. We will verify records drawings and data, evaluate pavement and concrete infrastructure conditions, identify proposed improvements and requirements for private property improvements, and inventory existing manholes, valves, pull boxes, survey monuments, roadway signage, existing pavement markings and other surface features. Street level photographs of key project areas should also be taken.
Deliverables:
Field photos
Task 2.6 R/W
MNS will conduct R/W mapping for the entire Project area, verifying both dedicated but unaccepted R/W and dedicated and accepted R/W. The R/W map will clearly identify the source of each portion of R/W, whether by map or by deed, and the disposition of the R/W (accepted, not accepted, rejected). Specific requirements include:
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Identify all existing and proposed R/W boundaries and easements. Document R/W sources and acceptance status.
Determine areas requiring new or additional R/W acquisition. Provide R/W maps with clear delineation of fee, easement, and temporary construction easement (TCE) areas.
Deliverables:
R/W Mapping Exhibit with source and acceptance information. Utility Conflict Map based on pothole survey results. Photographic documentation of existing field conditions. CAD and GIS-compatible survey data files.
TASK 3 ENVIRONMENTAL
Task 3.1 City and Federal Agency Coordination and Meetings The MNS Environmental Lead, Debra Leight, will be available to discuss environmental approach, results of the analyses and present the information to the City and federal lead agency. City and federal lead agency communication may include emails, telephone calls or meetings (in person or via Microsoft Teams) to initiate scoping the technical studies and California Environmental Quality Act (CEQA)/National Environmental Policy Act (NEPA) documentation approach. Participation of up to nine virtual meetings is assumed by the Environmental Lead, at 2 hours per meeting and assumes to include meeting preparation and post meeting documentation, with an additional 4 hours for technical specialists for biological and/or cultural resources to attend virtually (for up to 22 hours of environmental specialists time).
The City obtained a Federal SS4A Grant for this project. The federal lead agency is assumed to be USDOT or Caltrans as the administrator of the federal grants. The federal lead agency is assumed to be Caltrans for purposes of scoping environmental compliance; however, additional coordination will confirm documentation requirements.
Task 3.2 Biological Resources Preliminary Review
Background Review and Field Survey
As an initial step, MNS will collect project site data, including land use designations, available local, state, and federal resource mapping, and all available environmental documents addressing the site and the immediately surrounding area. The data and mapping will be saved for use in developing the project description and will serve as the setting for technical analysis and fieldwork. Examples include:
US Geological Survey topographic maps.
US Department of Agriculture soil data.
Historic and current aerial photographs.
USFWS National Wetland Inventory Maps.
RWQCB Basin Plan.
City and County General Plans.
Available existing CEQA or NEPA documents that address the project area.
In addition, MNS Team Biologists will conduct a database search of the CDFW California Natural Diversity Database, the California Native Plant Society (CNPS) Electronic Inventory of Rare and Endangered Vascular Plants of California listings, and USFWS Information for Planning and Consultation online system and Critical Habitat mapper to preliminarily identify any special-status biological resources known to occur within the general vicinity of the project site.
Following the collection and review of the project site data and literature search results, the MNS team will conduct a field visit to document existing site conditions and take site photographs from specific locations in support of the environmental analysis. All field visits will be coordinated to include the minimum number of qualified staff necessary and scheduled with the City in advance of entering the site. The data collected will be 395
used to prepare project location exhibits and describe existing site conditions and potential environmental constraints. The data and photographs will be used in preparing the technical reports and CEQA and NEPA documents.
Preliminary Environmental Study (PES) or Similar Federal Lead Agency Scoping Document The federal lead agency is assumed to be Caltrans for purposes of scoping environmental compliance; however, additional coordination will confirm documentation requirements. Following review of existing site information and analysis and meeting with Caltrans to discuss the project, MNS will prepare a project-specific PES Form, using information that was previously prepared and included in the RFP, and associated field forms for submittal to Caltrans for approval by the City, which is required by Caltrans. The PES Form is intended to be a scoping document and its purpose is to identify the following: the scope of the project; existing conditions of the project area; the potential existence of sensitive environmental resources within the project area; required technical studies; the responsible or regulatory agencies where early coordination or consultation is necessary or where approvals and permits are needed; and the NEPA Class of Action (environmental document classification). The PES Form will be updated in accordance with Caltrans guidance provided in the LAPM, Exhibit 6-B: Instructions for Completing the PES Form.
In the event that Caltrans determines additional studies are required other than those identified in the draft PES Form, MNS can provide the City with a scope and budget to authorize those tasks. This scope of work assumes up to three rounds of comments on the PES (one round of comment by the City and two rounds of comments by Caltrans).
Task 3.3 Biological Resources Assessment
MNS will conduct comprehensive biological technical studies to assess habitat conditions and the presence of special-status species within the project impact area. This assessment will include the following deliverables that conform to requirements under NEPA and CEQA:
PES Form (or similar document)
NEPA Categorical Exclusion
CEQA Categorical Exemption and Notice of Exemption
Biological Resource Assessment (BRA)
Arborist Report
Task 3.4 Cultural Resources Assessment
MNS will conduct cultural resource record searches to understand the historic and archaeological context of the study area prior to conducting the field survey. MNS will conduct a Sacred Lands File search and submit a stakeholder list request with the Native American Heritage Commission (NAHC) for use in AB 52 consultation.
MNS will begin the field survey upon receipt and review of the records search results from the South Coastal Information Center (SCIC) archives. MNS assumes the survey area will require up to 8 hours of fieldwork for one archaeologist. All sites, features, and isolates will be recorded using DPR 523 Primary and Archaeological Site Record forms and digital photography in the field. Artifacts will not be collected during this inventory effort. MNS will notify the City of the progress and findings from the field effort. The report will follow regulations set forth by CEQA.
Assumptions:
City will be responsible for conducting formal AB 52 Consultation. No human remains or cultural resources will be found within the project area. The project length will not exceed 0.27 linear miles.
Deliverables:
Phase 1 Cultural Resource Inventory Report provided electronically Task 3.5 Environmental Compliance (NEPA/CEQA)
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Based on our understanding of this project, our scope will include a Categorical Exemption under CEQA (CEQA Section 15301, Class 1, Existing Facilities for existing streets, sidewalks, gutters, etc.) and a Categorical Exclusion (CatEx) under NEPA (under Code of Federal Regulations Section 23 CFR 771 activity (c)(26) under 23 USC 326), with technical studies. MNS will also prepare the PES based on our project understanding. Our team will begin the process by preparing a project description for the project to be included in the PES Form, which will be prepared to scope out the required environmental technical studies and potential impacts to start the process.
We anticipate that these documents are appropriate to satisfy state and federal environmental compliance requirements and that higher-level environmental documents will not be required. It should also be noted that, upon federal agency (Caltrans) and City of Wildomar review of technical reports and environmental documentation, Caltrans could require a different NEPA Class of Action (Environmental Assessment or Environmental Impact Statement) and/or additional technical studies based on the results of the PES Form or this scope of work, although not anticipated. Under these circumstances, a scope and fee for the revised NEPA document and/or additional studies would be provided under separate cover.
CEQA Document - Categorical Exception
The proposed roadway improvements will involve installation of roundabouts and other roadway improvements.
Public Resources Code section 15301 categorically exempts projects from CEQA analysis when the project involves “the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features involving no expansion of existing or former use,” which we believe could apply to the culvert project. The exemption specifically applies to Section 15301(c) for existing streets, sidewalks and gutter improvements.
MNS will prepare a Notice of Exemption (NOE) pursuant to State CEQA Guidelines Section 15301 (Existing Facilities), as well as prepare a technical memorandum that outlines the proposed project components and compliance with the requirements of State CEQA Guidelines Section 15301. MNS will submit a draft of the NOE and Technical Memo to the City for review. MNS will make revisions based on one compiled set of City comments, and then finalize the NOE. It is assumed the City will be responsible for payment of the filing fees, if any. This scope of work assumes up to one round of comments on the CE.
Deliverables:
NOE and CEQA Technical Memorandum provided electronically NEPA Document – Categorical Exclusion
As discussed previously, we assume that the NEPA document will be a Categorical Exclusion with technical studies, which is anticipated to be identified on the PES Form, assumed to be adopted by Caltrans. Caltrans is assumed to be the federal lead agency for the Categorical Exclusion document to be prepared using Caltrans checklist format (CEQA Exemption/NEPA Categorical Exclusion Determination Form) for the project and in association with the PES and technical reports prepared for the project. Based on a review of the proposed project, the NEPA Categorical Exclusion will be completed for the proposed Sedco Boulevard roadway improvements. MNS will follow the approved procedures for the implementation of the excluded actions, avoiding the need for detailed environmental reviews. This scope of work assumes up to two rounds of comments on the CE (one round of comment by the City and one round of comments by Caltrans).
Task 3.6 Environmental Permitting
MNS will assist with preparing the following permits that are anticipated to be needed for environmental clearances:
Tribal Consultation under AB 52
MNS assumes no impacts that special-status species that would require permitting TASK 4 GEOTECHNICAL INVESTIGATION
MNS team member, Aragon Geotechnical (Aragon), will provide geotechnical design services for Phase 1 of the project (Mission Trail to Lakeview Terrace). The project improvements include:
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Approximately 1,000 feet of roadway safety improvements along Sedco Boulevard Construct approximately 1,000-feet-long MDP Line C from Mission Trail to Lakeview Terrace An outlet structure and a graded channel approximately 300 feet southwest of Mission Trail Details of our proposed geotechnical services are presented below.
Task 4.1 Geotechnical Investigation
Aragon proposes to drill three borings, each approximately 30 feet deep, along Sedco Boulevard. The boreholes will be excavated using a truck- or track-mounted drilling rig. Aragon will prepare a boring location plan and this plan will be used to secure encroachment permit from City of Wildomar. Any other permits, if required, will be secured by others.
Aragon field personnel will collect small disturbed and relatively undisturbed ring soil samples for laboratory testing. The small disturbed and relatively undisturbed soil samples will be collected using split-spoon samplers at a vertical interval of about 5 feet, alternating between the Standard Penetration Test (SPT) sampler and the Modified California Drive (MCD) sampler. Samples of subsurface soils will be logged during the field investigation, secured in their containers or collected in plastic bags, and transported to the Aragon laboratory.
Task 4.2 Soil Laboratory Testing
Field logs of the boreholes will be reviewed to select representative soil samples for laboratory testing. Various laboratory tests will be performed on soil samples to determine or derive their physical and engineering characteristics. Anticipated laboratory tests include: in-situ density and moisture content, grain size, Atterberg Limits, direct shear, UU triaxial, and soil corrosion tests. Laboratory tests will be conducted in general accordance with ASTM International standards or California Test methods.
Two double-ring infiltrometer tests will be performed in accordance with ASTM D‑3385 utilizing a TurfTec International 24-inch diameter device to measure soil infiltration rates. The tests will be performed in dirt area.
Two sets of flow quantity versus time readings will be taken at the same test location until a trend in flow rate is developed.
Task 4.3 Geotechnical Engineering Analyses
Results obtained from field investigation and laboratory testing will be used to characterize subsurface soils and conditions and create idealized soil profiles for design purposes. The following analyses will be performed for the project:
Evaluation of seismicity and estimation of Peak Ground Accelerations (PGA) based on the Caltrans design criteria.
Assessment of soil liquefaction potential, seismic settlement, and lateral spreading. Trench stability analysis for shoring during storm drain installation Foundation analysis for proposed storm drain line.
Evaluation of soil corrosivity conditions and recommendations for mitigation measures. Design of pavement structural section in accordance with the Caltrans method. Soil infiltration rates
Task 4.4 Report Preparation
Aragon will prepare a Geotechnical Report to provide recommendations for the proposed storm drain line, soil infiltration and pavement sections. Aragon will address any comments resulting from the City of Wildomar review and prepare a final Geotechnical Report.
For this scope of work, Aragon assumes the following:
Geotechnical Investigation is allowed between 9AM and 4PM on weekdays. No investigation of hazardous materials. If hazardous materials are encountered during the geotechnical field investigation, Aragon will terminate our work and notify MNS. No fee permit from the City of Wildomar
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Site-specific traffic control plans are not required; WATCHBOOK will be used for traffic control plans. No recommendations for retaining walls or sound walls. Boring locations will be patched with rapid set concrete with black dye to replace asphalt that is removed by excavations; no hot mix/sawcut repair.
Design support during construction is not included.
Deliverables:
Draft and Final Geotechnical Report
TASK 5 PREPARE 30% CIVIL AND STORM DRAIN DESIGN PLANS
Task 5.1 Concept Alignment Exhibit
MNS will develop preliminary project concept exhibits at 1-inch = 20-feet scale including bike lanes, sidewalk, roundabouts, potential landscape or hardscape in roundabouts and streetlighting and preliminary cost estimates.
These exhibits will be used for community workshops and council presentations.
MNS will perform a roundabout analysis for the three roundabouts to check the following:
Roundabout capacity
Design vehicle swept path
Vehicle fastest path
Intersection sight distance
Stopping sight distance
MNS will prepare technical memorandum and exhibits summarizing the analysis.
We assume the City will provide the traffic study for this roundabout including traffic counts and volumes.
Deliverables:
30% Plans & Estimate
Roundabout Technical Memorandum
Task 5.2 Community Outreach/Engagement
MNS will facilitate a city council workshop presentation to present the project and concepts to the Council and the public and receive Council and public feedback.
MNS will finalize concept alignment exhibits based on the results of the workshop and presentation.
Task 5.3 Catch Basin Hydrology
Based on latest MDP drainage boundary limits with concentration points placed at catch basin inlet location. MNS will use RCFCD-approved hydrology software for hydrologic calculations Preliminary Design: Prepare hydrology study for, and preliminary sizing of proposed inlets/catch basins.
Task 5.3.1.
The 10-year and 100-year Rational Method hydrology calculations will be completed, together with street flow capacities to determine proposed inlet/catch basin locations. MNS shall follow RCFCD Hydrology Manual standard for street flow convenience: 10-year shall be contained within top of curb and 100-year contained within street R/W.
Task 5.3.2.
Catch Basin lengths and locations will be determined and compared to design topographic mapping to identify any space constraints. Ponding depths and flow-by rates will be determined, with flow-by values being added to the next downstream catch basin depending upon street carrying capacity.
Task 5.3.3.
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Identify preliminary horizontal alignments for connector pipes, including estimated sizes. These horizontal alignments will be used to help identify if/where any potential utility conflicts may exist (for utility coordination), and where junctions with the mainline will be located. MNS design efforts will prioritize the avoidance of utility conflicts.
Task 5.4 Storm Drain Alignment and Profile
For the preferred storm drain alignment, we will prepare initial engineered horizontal alignment and profile plots for the complete length of the project. Project mainline and lateral alignments will be plotted on design mapping to scale with offsets to roadway centerline and property lines dimensioned. Profile will show enough detail to allow an understanding of how the project will accommodate all vertical constraints, major utilities and outlet conditions.
Prepare and overlay the HGL (pressurized) or Water Surface (nonpressurized) onto the profile. The hydraulics for the Mainline/Laterals should utilize the mainline/lateral flow rates identified by RCFCD, and the junction locations and estimated sizes determined by the Catch Basin Hydrology and preliminary design. Confirm all boundary condition assumptions (U/S and D/S [Lake Elsinore impoundment water surface elevation of 1,266 feet], etc).
The Design Engineer will determine the R/W required to construct the project. If R/W is required, the Design Engineer will determine the limits of land required for the project as well as R/W needed for mitigation and downstream impacts. The Design Engineer will also need to identify if the R/W is fee, easement, TCE, etc.
Task 5.5 Inlet/Outlet Structure
Identify preliminary channel footprint including location of inlet structures, outlet channel structure, side slopes, spillway, access roads, access ramps, access gates, access road aprons. The construction contractor’s means and methods (stockpile/staging area for the removal, handling/drying, loading, and hauling material) will be determined in the construction phase of the project.
Deliverables:
(Preliminary) Hydrology and Hydraulic (H&H) Report
30% Storm Drain Plans following RCFCD Drafting Manual:
Mainline Storm Drain, Plan and Profile
30% Road Improvement Plans
City Council Presentation (PowerPoint Presentation and Applicable Handouts) TASK 6 PREPARE 60% CIVIL AND STORM DRAIN DESIGN PLANS
MNS will provide base sheets that are prepared through the compilation of the researched records, aerial photographs, topographic survey data, site visit findings, and utility records obtained from plans from utility companies. All plans will be developed at 1-inch = 20-feet scale using the latest AutoCAD Civil 3D software and drafted using conventional line style and text annotation stored as a separate layer and meeting the standards of the City. The Base Sheets will match the perimeter of the Environmental Analysis Area as approved under the CEQA clearance.
We will develop 60% Road Design Plans utilizing the Base Sheets, prepare the preliminary engineering plans for the Project in accordance with the Caltrans Highway Design Manual, California Manual of Uniform Traffic Control Devices; Standard Specifications for Public Works Construction (Green Book); Greenbook Standard Plans; RCFCD Hydrology/Hydraulic Design Manual and Standards; and City Codes and Standards. Efforts under this task will include:
Preliminary Geometric Plans and Profiles; MNS will prepare conceptual plans at 1-inch = 20-feet scale for the proposed plans for City staff to review and comment Existing Utility Information
Hydrology Studies and Hydraulic Analysis as needed to identify the need for changes to or additional drainage facilities
Traffic Control Plan
Water Quality Management Plans/Compliance with NPDES, if applicable 400
Information shown on the plans will include, if applicable:
Assessor Parcel Numbers
High Risk and Low Risk Utilities
Existing and Proposed R/W Lines
Limits of Access Control
Property Ingress Modifications
Project Limits
Bicycle, Pedestrian and Equestrian Facilities
Geotechnical Recommendations/Grading Plans
Local Roadway Modifications
MNS will verify that the proposed improvements can be constructed within the existing or proposed roadway R/W.
We will identify where additional R/W is necessary, if any, and where temporary construction easements are necessary. We will also identify any modifications to existing improvements required to construct the Project.
The design will comply with Federal 2010 ADA Standards, Title 24 of the California Code of Regulations (which contains California building regulations), or local code, whichever provides the greatest access. All new and altered pedestrian facilities such as, but not limited to sidewalks, crosswalks, and ramps must be made accessible to persons with disabilities in accordance with federal and state accessibility standards on all federal-aid projects.
MNS will prepare a Draft Water Quality Management Plan.
MNS will update the roundabout technical memorandum.
MNS will prepare the following improvement plans:
Title Sheet
General Notes
Typical Sections
Road Improvement Plans and Profiles
Signing and Striping Plans
Demolition and Utility Disposition Plans
R/W Mapping
RCFCD Storm Drain Plans (see RCFCD 60% submittal below) Cost Estimates
MNS will prepare probable construction cost estimates, considering the current cost environment and the expectation the project will not begin construction for up to 18 months.
RCFCD 60% Submittal
Inlet/Outlet Structure. Finalize inlet and outlet structure footprint for both R/W needs and regulatory permitting.
Connector Pipes and Inlet Design. Finalize the geometric and hydraulic design and profiles for Catch Basins, Connector Pipes, and other Inlets based on potholing information and field confirmation of compatibility with existing conditions.
Outlet and Other Detail Design. Impacts at outlets are often critical to both R/W and regulatory permitting.
Proposed outlet design will be studied in the field for potential downstream, adjoining property and regulatory permitting impacts along with access considerations. Outlet design will be based upon hydraulic calculations for outlet flow velocities, scour potential and regulatory impacts. Confirm R/W requirements at outlet.
Utility Relocation Plans. Based upon plan information and pothole results, utilities that are in conflict should be identified. Utility companies will be contacted by the RCFCD's Utility Coordinator to verify utility location, type and relocation possibilities. Preliminary utility relocation designs will be incorporated into the storm drain plans where possible, or the utility company or the Design Engineer will prepare a separate utility relocation plan. If utility 401
relocations are determined to be necessary for MNS to design during the course of the project, a change order will be required to address the possible associated scope and cost adjustments.
If the utility company prepares the relocation design, the plans must be reviewed by the Project Engineer to ensure the utility relocation is clear of the flood control project.
Paving and Traffic Plans. The limits for the street improvements need to be determined and shown on the plans.
This may require field meetings with the City of Elsinore to come to an agreement on what needs to be paved, replaced, fixed, etc. If the City of Elsinore is seeking additional paving, initiate discussions for cost sharing.
Consideration should also be given to the potential for construction traffic to accelerate damage to underdesigned roads. The traffic closure plans will also be determined and shown on the plans. 60% Plan Engineering. The 30% plans should be adjusted per results of the meeting with RCFCD, pothole results, and utility purveyor coordination. Update proposed plan and profile, size of facility, manhole locations, hydraulic data and hydraulic grade lines, existing ground surface, known utility crossings with clearance, stationing invert elevations and length of proposed structure, as needed. Also, include structures for various laterals, junctions and connectors, but without detailed information (show location and size of structure). Add construction notes and details to the plans that are consistent with standard RCFCD pay items. Include title sheet, index map, detail sheets, connector pipe profile sheets, proposed street improvement and traffic control sheets.
Hydrology and Hydraulics Report. Complete hydrology and hydraulic calculations for overall project. Compile hydrology and hydraulics report into a complete self-contained package, including narrative, mapping/exhibits, calculations and reference drawings and materials. Hydrology backup material will contain the hydrology work maps and hydrology calculations accompanied by network schematic for hydrology model. The hydraulic analysis section will include water surface pressure gradient (WSPG) runs for the mainline and applicable laterals, and will contain narrative explaining assumptions and boundary conditions used. Any hand calculations will be included, as well as a narrative explanation of the approach to the project and all assumptions made in the analysis.
Information should be organized and labeled such that a third party can easily find the backup to a portion of the project for which they are interested.
Preliminary Cost Estimate. Prepare bid schedule in standard RCFCD format ensuring that each item to be constructed has a bid item in the schedule and is identified in the construction notes and details on the plans.
Prepare or refine quantity and cost estimates for each bid item. Research appropriate unit costs, such as by using information from the planning unit cost sheets or from recent projects. Include a 10% contingency on top of the estimated construction total.
Deliverables:
60% Storm Drain Plans
Draft WQMP Documentation
60% Road Improvement Plans
Engineer’s Estimate for Storm Drain Improvements
H&H Report (Update)
Roundabout Technical Memorandum (Update)
TASK 7 PREPARE 90% CIVIL AND STORM DRAIN DESIGN PLANS
Based on comments from the City under the 60% submittal, MNS will prepare 90% construction plans, technical specifications (based on the Greenbook) structured and listed to support all bid items as listed in the Proposal to Bid. MNS will prepare preliminary cost estimate based on the bid item list.
The road plans will include the following sheets:
Construction Details (Roundabout Details)
Construction Details (Hardscape)
Construction Details (Curb Ramps)
Construction Details (Driveway and Property Details)
Stormwater Treatment Details
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Signing and Striping Details
MNS will finalize the WQMP.
RCFCD 90% Submittal
Cost Estimate Verification: Update the project cost estimates to reflect all project elements and to be consistent with the draft specifications.
90% Plan Engineering: Plan and profiles will be finalized and D-load values will be added to the plans. Structural details will be prepared for non-standard structures and deep structures added to the plans. Pay lines will be clearly delineated. Finalize traffic control plans. All required sheets for the project must be complete with 90% submittal. Verify that all sheets have the appropriate signature blocks and that the correct signatory from the various agencies are identified.
MNS does not anticipate custom Structural Design is required. Standard Plans (RCFCD, Riverside County Transportation Department [RCTD], APWA [Greenbook] and Caltrans) for drainage and road structures will be utilized.
Deliverables:
90% Plans (Separated Roadway and Storm Drain)
Specifications
Engineer’s Estimate (update)
Final WQMP Documentation
TASK 8 PREPARE 100% CIVIL AND STORM DRAIN DESIGN PLANS
Based on comments from the City under the 90% submittal, MNS will prepare 100% construction plans, technical specification (based on the Greenbook) structured and listed to support all bid items as listed in the Proposal to Bid. MNS will prepare final cost estimate also based on the bid item list.
RCFCD 100% Submittal
Final Specifications: Finalize specifications based on comments from the RCFCD Senior Engineer or EPM and Chief of Design and Construction Division. Make sure to review and incorporate the specifications provided by ERS. Obtain and include the specification title sheet and all required appendices (such as the Project Sign, Soils Borings, etc.). Double check that bid items match specifications exactly and are reflected on the plans.
100% Hydrology and Hydraulics (H&H) Report: MNS will prepare a comprehensive report incorporating the side drainage hydrology and all project hydraulic calculations. The mainline hydrology will be included in the final H&H report. This report will be a complete self-contained package and will include a narrative, assumptions, boundary conditions, all mapping/exhibits, calculations, hydraulic output files, and reference drawings and materials. Information should be organized and labeled such that RCFCD can easily find the backup for a portion of the project in which they are interested. 100% Design Plan: MNS will finalize plans by incorporating comments from final field check with RCFCD personnel and send utility relocation letters to City/County and utility agencies. This milestone task documents the point in time that RCFCD has confirmed that any/all necessary revisions have been completed and the plans are considered approved.
Final Estimate of Probable Construction Costs
PDF prints of final documents
Response to Comments Matrix for Caltrans (if applicable) Deliverables:
100% Plans
Final Specifications
Final H&H Report
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Final Engineer’s Estimates
Public Bid Package Documents
TASK 9 DRAFT SWPPP
MNS will prepare a Draft Stormwater Pollution Prevention Plan (SWPPP) including Temporary Water Pollution Control Plans (2 Sheets). We will assist the City in uploading the project to SMARTS.
Deliverables:
Draft SWPPP
TASK 10 BIDDING AND AWARD
MNS will provide assistance as needed during the Project solicitation period and award of contract:
Prepare and submit all bid documents for solicitation. Respond to contractor's Requests for Information (RFI). Provide engineering support during bidding.
Provide a technical advisory role in the review of bids and related technical support assistance to the City during the bid award process. This role does not include any scoring of bids or recommendations of bid award.
TASK 11 ADDITIONAL TASKS (POST CONSTRUCTION AWARD)
The following tasks are listed for consideration and may be needed as part of the post construction award.
Task 11.1 Pre-Construction Conference
MNS will attend the pre-construction conference.
Task 11.2 Construction Meetings
MNS will attend construction meetings with the City and contractor during construction when requested, for the duration of construction phase of the project. This task will include time at the jobsite to respond to outstanding construction issues after the project meeting, as required by the Construction Manager (up to 4 meetings).
Task 11.3 RFIs
MNS will respond to questions regarding the Technical Provisions, the design drawings or conflicts in the design during the construction and assist the City in issuing Contract Change Orders (CCOs) if needed. We will provide responses to RFIs (up to 20).
Task 11.4 Contract Change Order Exhibits
MNS will review CCO request and exhibits (up to 5).
Task 11.5 Record As-Built Drawings
MNS will incorporate all redline comments prepared by the contractor and Project Inspector on the signed design Plans. The as-built drawings will be provided to the City and approved prior to the release of the final progress payment. We will also provide electronic record drawings to the City as the project’s final As-Built plan set.
Task 11.6 Construction Support
MNS will provide information to resolve design and construction issues, change orders or construction claims during construction.
Task 11.7 Submittal Review
MNS will provide review and approval of submittals for construction, including review of resubmittals, as required by the specifications (up to 30).
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Deliverables:
Response to RFIs
Submittal Review
CCO Exhibits (if any)
As-Built Record Drawings
TASK 12 OPTIONAL TASKS
Task 12.1 Roundabout Peer Review
MNS Team member Kittelson can perform a roundabout peer review for the three roundabouts.
Task 12.2 R/W Acquisition Services
MNS team member, Epic Land Solutions, can perform R/W acquisition tasks such as a property owner coordination, appraisals, offers and negotiations. MNS can prepare Property Owner Exhibits in support of Permits to Enter and Construct and/or Temporary Construction Easements.
Task 12.3 Renderings
MNS can prepare 3D realistic renderings for the proposed street improvements in support of the community outreach effort.
Task 12.4 Lighting Design
MNS can design the street lighting, prepare the plans, specifications and estimate for these improvements and coordinate with the City and SCE.
Task 12.5 Landscape Design
MNS team member, L Newman Design Group, Inc. can design the landscaping, prepare the plans, specifications and estimate for these improvements and coordinate with the City and water purveyor.
Task 12.6 Phase 1 and 2 Recommendation Report
MNS would conduct a two-phase approach as described in the Project Approach in Section 1. The intent of this comparison would be so the City can have a clear understanding of design path forward.
Phase 1 (along Sedco Boulevard from 300 feet southwest of Mission Trail to Lakeview Terrace):
Determine if Line C drainage inlets and hydraulics would function properly if the upstream terminus is located at Lakeview Terrace. Per the 2019 MDP hydrology, Q100 = 210 cfs accumulates at this concentration point and would require a significate inlet system to collect the runoff. Prepare a HEC-RAS 2D model to determine how the flood waters from the Caltrans culverts approach the Sedco Boulevard and Lakeview Terrace intersection.
Phase 2 (along Sedco Boulevard from Mission Trail to Lakeview Terrace Intersection northeast to Caltrans Culverts):
Information from Phase 1, 2D hydraulic model would be used in Phase 2 analysis. Two scenarios in Phase 2 would be analyzed:
Collection from the pond discharge overflow.
Direct connection to both Caltrans culverts. A direct connection to existing storm drains would be the most effective flood control solution.
This phase would analyze R/W acquisition limits within private and Caltrans property.
Deliverable:
Phase 1 and 2 Comparison and Recommendation Report. This report would include a decision matrix to guide the City and project team toward selecting the preferred alternative or a multi-stage approach. The matrix would 405
evaluate key categories such as flood protection, cost and R/W impacts including both private property and Caltrans-related considerations.
406
407
4/7/2026
Principal Engineer
(Roadway)
Sr Proj. Engineer
(Roadway)
Project Engr
(Roadway)
Assist. Engineer
(Roadway)
Principal Engineer
(Drainage)
Sr Proj Engineer
(Drainage)
Assist. Engineer
(Drainage)
Planning Lead
Technical
Specialist
Senior Planner
Associate Planner
Principal Surveyor
Project Surveyor
Party Chief
Chain Person
Team Resource
Hours
Team Resource
Costs
Aragon
Geotechnical, Inc.
L Newman Design
Group, Inc.
C Below, Inc.
Kittelson &
Associates, Inc.
Reimbursables
Total Costs
Task Costs
City/RCFCD Cost
Task Descriptions Rates: $316.29 $160.80 $142.42 $106.68 $298.06 $177.22 $115.46 $254.34 $180.73 $154.92 $116.19 $193.02 $110.51 $153.65 $129.10 Roadway Design - City Tasks City Cost>>> $370,811Task 1 - Project Management $14,2591.1 Project Management 12 12 $3,795 $3,7951.2 Project Oversight and Meetings (10) 20 10 30 $7,934 $7,9341.3 SS4A Grant Requirements 8 8 $2,530 $2,530Task 2 - Preliminary Engineering $36,0672.1 Research & Review Available Data 2 8 16 26 $3,626 $3,6262.2 Utility Research & Coordination2.3 Utility Potholing (5 Potholes & No AC Patching)2.4 Topographic Mapping 8 39 50 50 147 $19,991 $3,500 $23,4912.5 Site Evaluation 8 8 16 $3,817 $3,8172.6 R/W 14 22 36 $5,133 $5,133Task 3 - Environmental $37,3393.1 Biological Resources Assessment 8 17 6 6 37 $6,734 $6,7343.2 Cultural Resources Assessment 18 7 6 6 37 $7,470 $525 $7,9953.3 City/Federal Agency Coordination Meetings 2 15 14 6 7 44 $8,721 $8,7213.4 Environmental Compliance CE/CE (CEQA/NEPA) 2 11 17 14 6 50 $9,369 $9,3693.5 Environmental Permitting 2 6 6 6 3 23 $4,521 $4,521Task 4 - Geotechnical $15,395Geotechnical Investigation 3 4 7 $1,592 $13,803 $15,395Task 5 - Prepare 30% Plans $43,3915.1a Concept Alignment Exhibit 24 48 24 96 $18,727 $18,7275.1b Roundabout Technical Memorandum 16 80 16 112 $20,203 $20,2035.2 Community Outreach/Engagement 8 12 20 $4,460 $4,4605.3 Catch Basin Hydrology5.4 Storm Drain Mainline Alignment and Profile5.5 Inlet/Outlet StructureTask 6 - Prepare 60% Design Plans $88,864 Title Sheet 1 2 4 7 $1,065 $1,065General Notes 1 2 4 7 $1,065 $1,065Typical Sections - 1 Sheet 4 8 16 28 $4,259 $4,259Street & Roundabout Plan (1" = 20' Scale) - 2 Sheets 20 40 64 124 $19,586 $19,586Roundabout Curb Reference Plan - 2 Sheets 8 20 40 68 $10,014 $10,014Street & Roundabout Profile (1" = 20' Scale) - 6 Sheets 16 40 80 136 $20,027 $20,027Signing and Striping at 1" = 20' Scale - 2 Sheet 8 24 24 56 $8,509 $8,509Demolition and Utility Disposition at 1" =20' Scale - 2 Sheets 10 20 40 70 $10,279 $10,279 Roadway Construction Cost Estimate 4 12 24 40 $5,755 $5,755Update Roundabout Technical Memorandum 4 12 8 24 $4,048 $4,048Draft Water Quality Management Plan 4 8 16 28 $4,259 $4,259 Task 7 - Prepare 90% Design Plans $94,382
Update 60% Plans - 17 Sheets 10 24 16 40 90 $13,568 $13,568Construction Details (Roundabout & Curb Ramp Details) - 6 Sheets 32 80 64 176 $29,813 $29,813Construction Details (Hardscape) - 1 Sheet 4 8 16 28 $4,259 $4,259Construction Details (16 Driveway and Property Details) - 4 Sheets 24 64 64 152 $23,533 $23,533Stormwater Treatment Details - 1 Sheet 4 8 16 28 $4,259 $4,259Signing and Striping Details - 1 Sheet 2 12 12 26 $3,622 $3,622 Roadway Draft Specifications 12 32 44 $8,941 $8,941Update Roadway Construction Cost Estimate 4 8 16 28 $4,259 $4,259Final Water Quality Management Plan 2 4 8 14 $2,129 $2,129 Task 8 - Prepare 100% Design Plans $27,431
Update PS&E (30 Sheets) 20 64 16 80 180 $27,431 $27,431 Task 9 - Prepare Draft SWPPP $13,683
Prepare SWPPP Document 8 28 14 50 $9,027 $9,027Prepare TWPCP (2 Sheets) 3 8 17 28 $4,656 $4,656 MNS Engineers, Inc. - Team Resource Estimate
Sedco Boulevard Roadway Safety Improvements and MDP Line C Storm Drain Project MNS Engineers Task Summary
4/15/2026
408
4/7/2026
Principal Engineer
(Roadway)
Sr Proj. Engineer
(Roadway)
Project Engr
(Roadway)
Assist. Engineer
(Roadway)
Principal Engineer
(Drainage)
Sr Proj Engineer
(Drainage)
Assist. Engineer
(Drainage)
Planning Lead
Technical
Specialist
Senior Planner
Associate Planner
Principal Surveyor
Project Surveyor
Party Chief
Chain Person
Team Resource
Hours
Team Resource
Costs
Aragon
Geotechnical, Inc.
L Newman Design
Group, Inc.
C Below, Inc.
Kittelson &
Associates, Inc.
Reimbursables
Total Costs
Task Costs
City/RCFCD Cost
Task Descriptions Rates: $316.29 $160.80 $142.42 $106.68 $298.06 $177.22 $115.46 $254.34 $180.73 $154.92 $116.19 $193.02 $110.51 $153.65 $129.10 MNS Engineers, Inc. - Team Resource Estimate
Sedco Boulevard Roadway Safety Improvements and MDP Line C Storm Drain Project MNS Engineers Task Summary
Phase 1: Line C Storm Drain Design - RCFCD Tasks RCFCD Cost>>> $209,874Task 1 - Project Management $7,4431.1 Project Management 12 12 $3,577 $3,5771.2 Project Oversight and Meetings (10) 10 5 15 $3,867 $3,8671.3 SS4A Grant RequirementsTask 2 - Preliminary Engineering $42,1362.1 Research & Review Available Data2.2 Utility Research & Coordination 8 16 40 64 $9,371 $9,3712.3 Utility Potholing (5 Potholes & No AC Patching) 8 4 8 20 $4,017 $11,388 $15,4052.4 Topographic Mapping 4 17 22 22 65 $8,871 $1,500 $10,3712.5 Site Evaluation 8 8 8 24 $4,726 $4,7262.6 R/W 6 10 16 $2,263 $2,263Task 3 - Environmental $15,3193.1 Biological Resources Assessment 1 4 7 2 2 16 $3,141 $3,1413.2 Cultural Resources Assessment 1 8 3 2 2 16 $3,435 $225 $3,6603.3 City/Federal Agency Coordination Meetings 7 6 2 3 18 $3,523 $3,5233.4 Environmental Compliance CE/CE (CEQA/NEPA) 5 7 6 2 20 $3,699 $3,6993.5 Environmental Permitting 2 2 2 1 7 $1,296 $1,296Task 4 - Geotechnical $7,696Geotechnical Investigation 3 5 8 $1,780 $5,915 $7,696Task 5 - Prepare 30% Plans $29,2875.1a Concept Alignment Exhibit 1 2 4 7 $1,114 $1,1145.1b Roundabout Technical Memorandum5.2 Community Outreach/Engagement 8 12 2 22 $4,742 $4,7425.3 Catch Basin Hydrology 4 10 40 54 $7,583 $7,5835.4 Storm Drain Mainline Alignment and Profile 5 20 60 85 $11,963 $11,9635.5 Inlet/Outlet Structure 5 7 10 22 $3,885 $3,885Task 6 - Prepare 60% Design Plans $65,650RCFC Submittal SD Plans
Storm Drain Plan & Profile 4 8 54 66 $8,845 $8,845Inlet/Outlet Structure 4 10 20 34 $5,274 $5,274Connector Pipes and Inlet Design 1 16 40 57 $7,752 $7,752Change to "Misc Details" 2 5 20 27 $3,791 $3,791Utility Relocation Plans 5 15 20 $4,149 $4,149Paving and Traffic Plans - 2 Sheets 8 16 32 1 4 61 $9,524 $9,524 Hydrology & Hydraulic Report 10 80 5 95 $17,736 $17,736SD Preliminary Cost Estimate 5 40 45 $8,579 $8,579 Task 7 - Prepare 90% Design Plans $18,020RCFC Submittal Update 60% Plans 1 5 10 16 $2,339 $2,339
Draft Specifications 10 40 5 55 $10,647 $10,647Update SD Construction Cost Estimate 5 20 25 $5,035 $5,035 Task 8 - Prepare 100% Design Plans $18,316RCFC Submittal Update PS&E (Final Review) 20 40 60 $13,050 $13,050100% H&H Report 5 20 2 27 $5,266 $5,266 Task 9 - Prepare Draft SWPPP $6,006
Prepare SWPPP Document 4 12 6 22 $4,049 $4,049Prepare TWPCP (2 Sheets) 1 4 7 12 $1,956 $1,956 Total Staff Hours 335 626 236 724 137 376 288 84 86 52 38 32 88 72 72 Total Staff Costs $105,956 $100,662 $33,611 $77,240 $40,834 $66,636 $33,253 $21,365 $15,543 $8,056 $4,415 $6,177 $9,725 $11,063 $9,295 $580,685 $580,685 3246 Hours $543,829 Staff Summary
$11,388 $5,750$19,718
Project Summary
$580,685
4/15/2026
409
4/7/2026
Principal Engineer
(Roadway)
Sr Proj. Engineer
(Roadway)
Project Engr
(Roadway)
Assist. Engineer
(Roadway)
Principal Engineer
(Drainage)
Sr Proj Engineer
(Drainage)
Assist. Engineer
(Drainage)
Planning Lead
Technical
Specialist
Senior Planner
Associate Planner
Principal Surveyor
Project Surveyor
Party Chief
Chain Person
Team Resource
Hours
Team Resource
Costs
Aragon
Geotechnical, Inc.
L Newman Design
Group, Inc.
C Below, Inc.
Kittelson &
Associates, Inc.
Reimbursables
Total Costs
Task Costs
City/RCFCD Cost
Task Descriptions Rates: $316.29 $160.80 $142.42 $106.68 $298.06 $177.22 $115.46 $254.34 $180.73 $154.92 $116.19 $193.02 $110.51 $153.65 $129.10 MNS Engineers, Inc. - Team Resource Estimate
Sedco Boulevard Roadway Safety Improvements and MDP Line C Storm Drain Project MNS Engineers Task Summary
Future/Optional Tasks
Task 10 - Bidding and Award $8,729Bidding Support 4 12 4 10 12 42 $8,729 $8,729Task 11 - Additional Tasks (Post Construction Award) $48,09011.1 Pre-Construction Conference 2 2 2 2 8 $1,905 $1,90511.2 Construction Meeting (4) 2 4 4 4 14 $3,177 $3,17711.3 RFIs 4 24 8 4 24 8 72 $12,634 $12,63411.4 CCO Exhibits 4 8 4 8 24 $5,162 $5,16211.5 Record As-Built Drawings(roadway and drainage) 2 8 24 2 8 24 68 $10,122 $10,12211.6 Construction Support 4 8 4 8 24 $5,162 $5,16211.7 Submittal Review 4 16 8 4 16 8 56 $9,929 $9,929Task 12 - Optional Tasks $98,26612.1 Roundabout Peer Review 2 4 6 $1,276 $29,845 $31,12112.2 Right of Way Acquisition Support Upon Request 12.3 3D Renderings Upon Request 12.4 Street Lighting Design Upon Request 12.5 Landscape Design, Bid & Construction Support 4 8 12 $2,552 $31,920 $34,47212.6 Phases 1 & 2 Recommendation Report 16 40 8 80 40 184 $32,673 $32,673 4/15/2026
410
RIV #4821-1277-4564 v1
C-1
EXHIBIT "C"
Insurance Requirements
Service Provider shall procure and maintain, for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Service Provider, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Service Provider has no owned autos, Code 8 (hired) and 9 (nonowned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if Service Provider provides written verification it has no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriate to the Service Provider’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of Agreement work. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement of work. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement effective date, the Service Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work. A copy of the claims reporting requirements must be submitted to the City for review.
If the Service Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Service Provider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
411
RIV #4821-1277-4564 v1
C-2
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Service Provider including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Service Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this Agreement, the Service Provider’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Service Provider’s insurance and shall not contribute with it.
Notice of Cancellation
Service Provider shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Service Provider shall forthwith obtain and submit proof of substitute insurance.
Waiver of Subrogation
Service Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Service Provider may acquire against the City by virtue of the payment of any loss under such insurance. Service Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Service Provider, its employees, agents and subcontractors.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Service Provider to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
412
RIV #4821-1277-4564 v1
C-3
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
Service Provider shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Service Provider’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Service Provider shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Service Provider shall ensure that City is an additional insured on insurance required from subcontractors.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 413
414
LPP 13-01 May 8, 2013
Local Assistance Procedures Manual EXHBIT 10-Q
Disclosure of Lobbying Activities
EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year quarter
f. loan insurance date of last report
4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:
Prime Subawardee
Tier , if known
Congressional District, if known Congressional District, if known
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable
8. Federal Action Number, if known: 9. Award Amount, if known:
10. Name and Address of Lobby Entity 11. Individuals Performing Services (If individual, last name, first name, MI) (including address if different from No. 10) (last name, first name, MI)
(attach Continuation Sheet(s) if necessary)
12. Amount of Payment (check all that apply) 14. Type of Payment (check all that apply) $ actual planned
13. Form of Payment (check all that apply):
a. cash
b. in-kind; specify: nature
Value
a. retainer
b. one-time fee
c. commission
d. contingent fee
e deferred
f. other, specify
15. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12:
(attach Continuation Sheet(s) if necessary)
16. Continuation Sheet(s) attached: Yes No
17. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Signature:
Print Name:
Title:
Telephone No.: Date:
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
Standard Form LLL Rev. 04-28-06
415
LPP 13-01 May 8, 2013
Distribution: Orig- Local Agency Project Files
416
LPP 13-01 May 8, 2013
Local Assistance Procedures Manual EXHBIT 10-Q
Disclosure of Lobbying Activities
INSTRUCTIONS FOR COMPLETING EXHIBIT 10-QDISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352.
The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered federal action for which lobbying activity is or has been secured to influence, the outcome of a covered federal action.
2. Identify the status of the covered federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action.
4. Enter the full name, address, city, state, and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to:
subcontracts, subgrants, and contract awards under grants.
5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state, and zip code of the prime federal recipient. Include Congressional District, if known.
6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.
8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.
10. Enter the full name, address, city, state, and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to influence the covered federal action.
11. Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (Ml).
12. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4) to the lobbying entity (Item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.
13. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment.
14. Check all boxes that apply. If other, specify nature.
15. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted.
16. Check whether or not a continuation sheet(s) is attached.
17. The certifying official shall sign and date the form, and print his/her name title and telephone number.
Public reporting burden for this collection of information is estimated to average 30-minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SFLLL-Instructions Rev. 06-04 417
1 of 31
U.S. DEPARTMENT OF TRANSPORTATION
GENERAL TERMS AND CONDITIONS UNDER THE
FISCAL YEAR 2022 SAFE STREETS AND ROADS FOR ALL (“SS4A”) GRANT PROGRAM (INCLUDING TITLE 23 FUNDS):
FHWA PROJECTS
Original: February 8, 2023
Revision 1: March 28, 2023
Revision 2: August 1, 2023
Revision 3: October 1, 2024
Revision 4: March 17, 2025
418
2 of 31
Table of Contents
Article 7 Purpose..............................................................................................................................6
7.1 Purpose ...........................................................................................................................................6 Article 8 USDOT Role.....................................................................................................................6
8.1 Division of USDOT Responsibilities .............................................................................................6
8.2 USDOT Program Contacts .............................................................................................................7 Article 9 Recipient Role...................................................................................................................7
9.1 Statements on the Project ...............................................................................................................7
9.2 Statements on Authority and Capacity. ..........................................................................................7
9.3 USDOT Reliance............................................................................................................................8
9.4 Project Delivery..............................................................................................................................8
9.5 Rights and Powers Affecting the Project........................................................................................8
9.6 Notification of Changes to Key Personnel .....................................................................................9 Article 10 Award Amount, Obligation, and Time Periods ..............................................................9
10.1 Federal Award Amount ..................................................................................................................9
10.2 Federal Obligations. .......................................................................................................................9
10.3 Budget Period...............................................................................................................................10
10.4 Period of Performance..................................................................................................................10 Article 11 Statement of Work, Schedule, and Budget Changes.....................................................11
11.1 Notification Requirement. ............................................................................................................11
11.2 Statement of Work Changes.........................................................................................................11
11.3 Schedule Changes.........................................................................................................................11
11.4 Budget Changes............................................................................................................................11
11.5 USDOT Acceptance of Changes. .................................................................................................12 Article 12 General Reporting Terms..............................................................................................13
12.1 Report Submission........................................................................................................................13
12.2 Alternative Reporting Methods ....................................................................................................13
12.3 Paperwork Reduction Act Notice.................................................................................................13 Article 13 Progress and Financial Reporting .................................................................................13
13.1 Quarterly Program Performance Reports .....................................................................................13
13.2 Quarterly Financial Status. ...........................................................................................................13 Article 14 Performance Reporting .................................................................................................13
14.1 Baseline Performance Measurement ............................................................................................13
14.2 Section 24112(h) Report ..............................................................................................................14
14.3 Performance Measurement Information .........................................................................14
14.4 Performance Reporting Survival.....................................................................................14
14.5 Program Evaluation… ....................................................................................................14 Article 15 Noncompliance and Remedies......................................................................................15
15.1 Noncompliance Determinations. ..................................................................................................15
15.2 Remedies ......................................................................................................................................15
15.3 Other Oversight Entities...............................................................................................................16 Article 16 Agreement Termination ................................................................................................16
16.1 USDOT Termination ....................................................................................................................16
16.2 Closeout Termination ...................................................................................................................17
16.3 Post-Termination Adjustments.....................................................................................................17
16.4 Non-Terminating Events ..............................................................................................................17
16.5 Other Remedies. ...........................................................................................................................17 419
3 of 31
Article 17 Monitoring, Financial Management, Controls, and Records ........................................18
17.1 Recipient Monitoring and Record Retention................................................................................18
17.2 Financial Records and Audits.......................................................................................................18
17.3 Internal Controls...........................................................................................................................18
17.4 USDOT Record Access................................................................................................................19
17.5 Oversight Responsibilities ...........................................................................................................19 Article 18 Contracting and Subawards...........................................................................................19
18.1 Build America, Buy America.......................................................................................................19
18.2 Small and Disadvantaged Business Requirements .......................................................................22
18.3 Engineering and Design Services.................................................................................................22
18.4 Foreign Market Restrictions. ........................................................................................................22
18.5 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment.....22
18.6 Recipient Responsibilities For Subawards ...................................................................................22
18.7 Subaward and Contract Authorization..........................................................................................22
18.8 Minimum Wage Rates .................................................................................................................22 Article 19 Costs, Payments, and Unexpended Funds.....................................................................23
19.1 Limitation of Federal Award Amount. .........................................................................................23
19.2 Projects Costs. ..............................................................................................................................23
19.3 Timing of Project Costs................................................................................................................23
19.4 Recipient Recovery of Federal Funds. .........................................................................................23
19.5 Unexpended Federal Funds ..........................................................................................................23
19.6 Timing of Payments to the Recipient. ..........................................................................................23
19.7 Payment Method.........................................................................................................................234
19.8 Information Supporting Expenditures ........................................................................................244
19.9 Reimbursement Frequency...........................................................................................................24 Article 20 Liquidation, Adjustments, and Funds Availability .......................................................24
20.1 Liquidation of Recipient Obligations ...........................................................................................24 Article 21 Agreement Modifications..............................................................................................24
21.1 Bilateral Modifications.................................................................................................................24
21.2 Unilateral Contact Modifications .................................................................................................25
21.3 USDOT Unilateral Modifications.................................................................................................25
21.4 Other Modifications......................................................................................................................25 Article 22 [RESERVED] ...............................................................................................................25
22.1 [RESERVED]...............................................................................................................................25 Article 23 [RESERVED] ...............................................................................................................25
23.1 [RESERVED]...............................................................................................................................25 Article 24 Federal Financial Assistance, Administrative, and National Policy Requirements ......25
24.1 Uniform Administrative Requirements for Federal Awards. .......................................................25
24.2 Federal Law and Public Policy Requirements..............................................................................25
24.3 Federal Freedom of Information Act............................................................................................26
24.4 History of Performance ................................................................................................................26
24.5 Whistleblower Protection .............................................................................................................26
24.6 External Award Terms and Obligations .......................................................................................26
24.7 Incorporated Certifications ...........................................................................................................27 Article 25 Assignment....................................................................................................................27
25.1 Assignment Prohibited. ................................................................................................................27 Article 26 Waiver...........................................................................................................................27
26.1 Waivers.........................................................................................................................................27 Article 27 Additional Terms and Conditions .................................................................................28
27.1 Effect of Action Plan or Implementation Plan .............................................................................28 420
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27.2 Disclaimer of Federal Liability.....................................................................................................28
27.3 Environmental Review.................................................................................................................28
27.4 Railroad Coordination. .................................................................................................................29
27.5 Relocation and Real Property Acquisition. ..................................................................................29
27.6 Equipment Disposition. ................................................................................................................29 Article 28 Mandatory Award Information .....................................................................................30
28.1 Information Contained in a Federal Award..................................................................................30 Article 29 Construction and Definitions ........................................................................................30
29.1 Attachments..................................................................................................................................30
29.2 Exhibits.........................................................................................................................................30
29.3 Construction. ................................................................................................................................30
29.4 Integration.....................................................................................................................................30
29.5 Definitions ....................................................................................................................................31 Article 30 Agreement Execution and Effective Date.....................................................................31
30.1 Counterparts .................................................................................................................................31
30.2 Effective Date...............................................................................................................................31 421
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Index of Definitions
Administering Operating Administration.........................................................................................7 Environmental Review Entity…....................................................................................................27 Federal Share .................................................................................................................................12 FHWA..............................................................................................................................................7 NOFO...............................................................................................................................................6 OMB ..............................................................................................................................................13 Program Statute..............................................................................................................................30 Project............................................................................................................................................21 Project Closeout .............................................................................................................................17 SS4A Grant ....................................................................................................................................30 USDOT ............................................................................................................................................6 422
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GENERAL TERMS AND CONDITIONS
The Infrastructure Investment and Jobs Act (IIJA; Pub. L. 117–58, November 15, 2021) established the Safe Streets and Roads for All (SS4A) Discretionary Grant Program (BIL Section 24112) and appropriated funds to the United States Department of Transportation (the “USDOT”) under Division J, Title VIII of IIJA to implement the program. The funds are available to provide Federal financial assistance to support local initiatives to prevent death and serious injury on roads and streets, commonly referred to as “Vision Zero” or “Toward Zero Deaths” initiatives.
The USDOT published a Notice of Funding Opportunity (the “NOFO”) to solicit applications for Federal financial assistance in Fiscal Year 2022 for the SS4A Discretionary Grant Program (87 Fed. Reg. 31606 (May 24, 2022; subsequently amended in 87 Fed. Reg. 47818 on August 4, 2022).
These general terms and conditions are incorporated by reference in a project-specific grant agreement under the fiscal year 2022 SS4A grant program. Articles 1–6 are in the projectspecific portion of the agreement. The term “Recipient” is defined in the project-specific portion of the agreement. Attachments A through D are project-specific attachments.
ARTICLE 7
PURPOSE
7.1 Purpose. The purpose of this award is to improve roadway safety by significantly reducing or eliminating roadway fatalities and serious injuries through safety action plan development or projects focused on all users, including pedestrians, bicyclists, public transportation users, motorists, personal conveyance and micromobility users, and commercial vehicle operators. The parties will accomplish that purpose by achieving the following objectives:
(1) timely completing the Project; and
(2) ensuring that this award does not substitute for non-Federal investment in the Project, except as proposed in the Grant Application, as modified by section 3.3 and Attachment B.
ARTICLE 8
USDOT ROLE
8.1 Division of USDOT Responsibilities.
(a) The Office of the Secretary of Transportation is ultimately responsible for the USDOT’s administration of the SS4A Grant Program.
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(b) The Federal Highway Administration (the “FHWA”) will administer this grant agreement on behalf of the USDOT. In this agreement, the “Administering Operating Administration” means the FHWA.
8.2 USDOT Program Contacts.
FHWA Safe Streets and Roads for All
Federal Highway Administration
Office of Safety
1200 New Jersey Avenue SE
HSA-1, Mail Drop E71-117
Washington, DC 20590
[email protected]
(202) 366-2201
and
[enter FHWA Division Office lead point of contact]
[enter address]
[enter email address]
[enter telephone]
ARTICLE 9
RECIPIENT ROLE
9.1 Statements on the Project. The Recipient states that:
(1) all material statements of fact in the Grant Application were accurate when that application was submitted; and
(2) Attachment B documents all material changes in the information contained in that application.
9.2 Statements on Authority and Capacity. The Recipient states that:
(1) it has the authority to receive Federal financial assistance under this agreement; (2) It has the legal authority to complete the Project, including either ownership and/or maintenance responsibilities over a roadway network; safety responsibilities that affect roadways; or has an agreement from the agency that has ownership and/or maintenance responsibilities for the roadway within the applicant’s jurisdiction; if applicable.
(3) it has the capacity, including institutional, managerial, and financial capacity, to comply with its obligations under this agreement;
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(4) not less than the difference between the “Total Eligible Project Cost” and the “SS4A Grant Amount” listed in section 3.3 are committed to fund the Project; (5) it has sufficient funds available, or an agreement with the agency that has ownership and/or maintenance responsibilities for the roadway within the recipient’s jurisdiction, to ensure that infrastructure completed or improved under this agreement will be operated and maintained in compliance with this agreement and applicable Federal law; and
(6) the individual executing this agreement on behalf of the Recipient has authority to enter this agreement and make the statements in this article 9 and in section 24.7 on behalf of the Recipient.
9.3 USDOT Reliance. The Recipient acknowledges that:
(1) the USDOT relied on statements of fact in the Grant Application to select the Project to receive this award;
(2) the USDOT relied on statements of fact in both the Grant Application and this agreement to determine that the Recipient and the Project are eligible under the terms of the NOFO;
(3) the USDOT relied on statements of fact in both the Grant Application and this agreement to establish the terms of this agreement; and (4) the USDOT’s selection of the Project to receive this award prevented awards under the NOFO to other eligible applicants.
9.4 Project Delivery.
(a) The Recipient shall complete the Project under the terms of this agreement. (b) The Recipient shall ensure that the Project is financed, constructed, operated, and maintained in accordance with all applicable Federal laws, regulations, and policies. (c) The Recipient shall provide any certifications or assurances deemed necessary by the USDOT in ensuring the Recipient’s compliance with all applicable laws, regulations, and policies.
(d) The Recipient shall provide access to records as provided at 2 CFR 200.337.
9.5 Rights and Powers Affecting the Project.
(a) The Recipient shall not take or permit any action that deprives it of any rights or powers necessary to the Recipient’s performance under this agreement without written approval of the USDOT.
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(b) The Recipient shall act, in a manner acceptable to the USDOT, promptly to acquire, extinguish, or modify any outstanding rights or claims of right of others that would interfere with the Recipient’s performance under this agreement.
9.6 Notification of Changes to Key Personnel. The Recipient shall notify all USDOT representatives who are identified in Section 4.4 in writing within 30 calendar days of any change in key personnel who are identified in Section 4.3.
ARTICLE 10
AWARD AMOUNT, OBLIGATION, AND TIME PERIODS
10.1 Federal Award Amount. The USDOT hereby awards a SS4A Grant to the Recipient in the amount listed in Section 2.2 as the SS4A Grant Amount.
10.2 Federal Obligations.
This agreement obligates for the budget period listed in section 2.5 of the grant agreement.
(a) If the Federal Obligation Type identified in section 2.3 is “Single,” then the projectspecific agreement obligates for the budget period the amount listed in section 2.2. as the Grant Amount and sections 10.2 (c)–10.2(f) do not apply to the project specific agreement.
(b) If the Federal Obligation Type identified in section 2.3 is “Multiple,” then an amount up to the Grant Amount listed in section 2.2 will be obligated with one initial obligation and one or more subsequent, optional obligations, as described in sections 10.3(c)–
10.3(f).
(c) The Obligation Condition Table in section 2.3 allocates the Grant among separate portions of the Project for the purpose of the Federal obligation of funds. The scope of each portion of the Project that is identified in that table is described in section 2.3. (d) The project-specific agreement obligates for the budget period only the amounts allocated in the Obligation Condition Table in section 2.3 to portions of the Project for which that table does not list an obligation condition. (e) The project-specific agreement does not obligate amounts allocated in the Obligation Condition Table in section 2.3 to portions of the Project for which that table lists an obligation condition. The parties may obligate the amounts allocated to those portions of the Project only by modifying the project specific agreement under section 21. (f) For each portion of the Project for which the Obligation Condition Table in section 2.3 lists an obligation condition, the amount allocated in that table to that portion of the Project will be obligated if, not later than the statutory lapse date identified in the projectspecific agreement as applicable to the Grant Program. 426
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(g) For any portion of the Project for which the Obligation Condition Table in section 2.3 lists an obligation condition, if the obligation condition is satisfied, the parties amend this agreement documenting that:
(1) the FHWA determines that the obligation condition listed in that table for that portion of the Project is satisfied; and
(2) the FHWA determines that all applicable Federal requirements for obligating the amount are satisfied.
(h) The Recipient shall not request reimbursement of costs for a portion of the Project for which the Obligation Condition Table in section 2.3 lists an obligation condition, unless the amount allocated in that table to that portion of the Project is obligated under section
10.2(c)-(f).
(i) Reserved.
(j) The Recipient acknowledges that:
(1) the FHWA is not liable for payments for a portion of the Project for which the Obligation Condition Table in section 2.3 lists an obligation condition, unless the amount allocated in that table to that portion of the Project is obligated under section 10.2(c)-(f);
(2) any portion of the Grant that is not obligated under this section 10.2 by the budget period end date identified in the project-specific agreement for those funds lapses on the day after that date and becomes unavailable for the Project; and (3) the FHWA may consider the failure to obligate funds by the budget period end date identified in the project-specific agreement as applicable to the Grant Program for those funds to be a basis for terminating the project-specific agreement under section 16.
10.3 Budget Period
The budget period for this award begins on the date of this agreement and ends on the budget period end date that is listed in section 2.5, which shall be no later than 5 years from the date of grant execution. In this agreement, “budget period” is used as defined at 2 C.F.R. 200.1.
10.4 Period of Performance.
(a) The period of performance for this award begins on the effective date of award listed in page 1 item 2 and ends on the period of performance end date that is listed in page 1 item
6. (b) In this agreement, “period of performance” is used as defined at 2 C.F.R. 200.1. 427
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ARTICLE 11
STATEMENT OF WORK, SCHEDULE, AND BUDGET CHANGES
11.1 Notification Requirement. The Recipient shall notify all USDOT representatives who are identified in section 4.4 in writing within 30 calendar days of any change in circumstances or commitments that adversely affect the Recipient’s plan to complete the Project. In that notification, the Recipient shall describe the change and what actions the Recipient has taken or plans to take to ensure completion of the Project. This notification requirement under this section 11.1 is separate from any requirements under this article 11 that the Recipient request amendment of this agreement.
11.2 Statement of Work Changes. If the Project’s activities differ from the statement of work that is described in section 3.1 and Attachment B, then the Recipient shall request an amendment of this agreement to update section 3.1.
11.3 Schedule Changes. If one or more of the following conditions are satisfied, then the Recipient shall request an amendment of this agreement to update the relevant dates:
(1) a substantial completion date for the Project or a component of the Project is listed in section 3.2 and the Recipient’s estimate for that milestone changes to a date that is more than six months after the date listed in section 3.2; or (2) a schedule change would require the period of performance to continue after the period of performance end date listed in page 1 item 6 (i.e., for projects with multiple phases, changes to the base phase budget period end date for projects with two phases, or changes to base or secondary phase budget period end dates for projects with three phases, etc., will not trigger notification/modification requirements)..
For other schedule changes, the Recipient shall request an amendment of this agreement unless the USDOT has consented, in writing consistent with applicable requirements, to the change.
11.4 Budget Changes.
(a) The Recipient acknowledges that if the cost of completing the Project increases:
(1) that increase does not affect the Recipient’s obligation under this agreement to complete the Project; and
(2) the USDOT will not increase the amount of this award to address any funding shortfall.
(b) The Recipient shall request an amendment of this agreement to update section 3.3 and Attachment B if, in comparing the Project’s budget to the amounts listed in section 3.3:
(1) the “Non-Federal Funds” amount decreases; or
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(2) the “Total Eligible Project Cost” amount decreases. (c) For budget changes that are not identified in section 11.4(b), the Recipient shall request an amendment of this agreement to update section 3.3 and Attachment B unless the USDOT has consented, in writing consistent with applicable requirements, to the change. (d) If the actual eligible project costs are less than the “Total Eligible Project Cost” that is listed in section 3.3, then the Recipient may propose to the USDOT, in writing consistent with applicable requirements, specific additional activities that are within the scope of this award, as defined in sections 7.1 and 3.1, and that the Recipient could complete with the difference between the “Total Eligible Project Cost” that is listed in section 3.3 and the actual eligible project costs.
(e) If the actual eligible project costs are less than the “Total Eligible Project Cost” that is listed in section 3.3 and either the Recipient does not make a proposal under section
11.4(d) or the USDOT does not accept the Recipient’s proposal under section 11.4(d), then:
(1) in a request under section 11.4(b), the Recipient shall reduce the Federal Share by the difference between the “Total Eligible Project Cost” that is listed in section
3.3 and the actual eligible project costs; and
(2) if that amendment reduces this award and the USDOT had reimbursed costs exceeding the revised award, the Recipient shall request to add additional project work that is within the scope of this project.
In this agreement, “Federal Share” means the sum of the “SS4A Action Plan or Implementation Grant Amount” and the “Other Federal Funds” amounts that are listed in section 3.3.
(f) The Recipient acknowledges that amounts that are required to be refunded under section
11.4(e)(2) constitute a debt to the Federal Government that the USDOT may collect under 2 C.F.R. 200.346 and the Standards for Administrative Collection of Claims (31 C.F.R. part 901).
11.5 USDOT Acceptance of Changes. The USDOT may accept or reject amendments requested under this article 11, and in doing so may elect to consider only the interests of the SS4A grant program and the USDOT. The Recipient acknowledges that requesting an amendment under this article 11 does not amend, modify, or supplement this agreement unless the USDOT accepts that amendment request and the parties modify this agreement under section 21.1.
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ARTICLE 12
GENERAL REPORTING TERMS
12.1 Report Submission. The Recipient shall send all reports required by this agreement to all USDOT contacts who are listed in section 4.4. Reports will be added to a central repository maintained by FHWA.
12.2 Alternative Reporting Methods. FHWA may establish processes for the Recipient to submit reports required by this agreement, including electronic submission processes. If the Recipient is notified of those processes in writing, the Recipient shall use the processes required by the FHWA.
12.3 Paperwork Reduction Act Notice.
Under 5 C.F.R. 1320.6, the Recipient is not required to respond to a collection of information that does not display a currently valid control number issued by the Office of Management and Budget (the “OMB”). Collections of information conducted under this agreement are approved under OMB Control No. 2125-0675.
ARTICLE 13
PROGRESS AND FINANCIAL REPORTING
13.1 Quarterly Program Performance Reports. Quarterly, on or before the 20th day of the first month of each calendar year (e.g., reports due on or before January 20th, April 20th, July 20th, and October 20th) and until the end of the period of performance, the Recipient shall submit to the USDOT a Quarterly Project Progress Report in the format and with the content described in Exhibit C (SF-PPR). If the date of this agreement is in the final month of a calendar year, then the Recipient shall submit the first Quarterly Project Progress Report in the second calendar year quarter that begins after the date of this agreement.
13.2 Quarterly Financial Status. Quarterly, on or before the 20th day of the first month of each calendar year, the Recipient shall submit a Federal Financial Report using SF-425.
ARTICLE 14
PERFORMANCE REPORTING
14.1 Baseline Performance Measurement. If the Designation in Section 2.5 is “Implementation,” then:
(1) the Recipient shall collect data for each performance measure that is identified in the Performance Measure Table in Attachment A, accurate as of the Baseline Measurement Date that is identified in Attachment A; and 430
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(2) on or before the Baseline Report Date that is stated in Attachment A, the Recipient shall submit a Baseline Performance Measurement Report that contains the data collected under this section 14.1 and a detailed description of the data sources, assumptions, variability, and estimated levels of precision for each performance measure that is identified in the Performance Measure Table in Attachment A.
14.2 Section 24112(h) Report: The Recipient shall submit to the USDOT, not later than 120 days after the end of the period of performance, a report that describes, consistent with section 24112(h) of IIJA:
(1) the costs of carrying out the project;
(2) the outcomes and benefits that each eligible project generated as identified in the grant application and measured by data to the maximum extent practicable (i.e. number of fatalities and serious injuries that occurred within the limits of the project location); and
(3) the lessons learned, and any recommendations related to future projects or strategies to prevent death and serious injuries on roads and streets.
14.3 Performance Measurement Information.
For each performance measure that is identified in the Performance Measure Table in Attachment A, not later than January 31 of each year that follows a calendar year within the period of performance during which data was collected, the Recipient shall submit to the USDOT a Performance Measurement Report containing the data collected in the previous calendar year and stating the dates when the data was collected.
14.4 Performance Reporting Survival.
The data collection and reporting requirements in this article 14 survive the termination of this agreement which is three years post period of performance.
14.5 Program Evaluation.
As a condition of grant award, the recipient may be required to participate in an evaluation undertaken by USDOT, or another agency or partner. The evaluation may take different forms such as an implementation assessment across grant recipients, an impact and/or outcomes analysis of all or selected sites within or across grant recipients, or a benefit/cost analysis or assessment of return on investment. The Department may require applicants to collect data elements to aid the evaluation. As a part of the evaluation, as a condition of award, grant recipients must agree to: (1) make records available to the evaluation contractor; (2) provide access to program records, and any other relevant documents to calculate costs and benefits; (3) in the case of an impact analysis, facilitate the access to relevant information as requested; and (4) follow evaluation procedures as specified by the evaluation contractor or USDOT staff.
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ARTICLE 15
NONCOMPLIANCE AND REMEDIES
15.1 Noncompliance Determinations.
(a) If the USDOT determines that the Recipient may have failed to comply with the United States Constitution, Federal law, or the terms and conditions of this agreement, the USDOT may notify the Recipient of a proposed determination of noncompliance. For the notice to be effective, it must be written and the USDOT must include an explanation of the nature of the noncompliance, describe a remedy, state whether that remedy is proposed or effective at an already determined date, and describe the process through and form in which the Recipient may respond to the notice.
(b) If the USDOT notifies the Recipient of a proposed determination of noncompliance under section 15.1(a), the Recipient may, not later than 7 calendar days after the notice, respond to that notice in the form and through the process described in that notice. In its response, the Recipient may:
(1) accept the remedy;
(2) acknowledge the noncompliance, but propose an alternative remedy; or (3) dispute the noncompliance.
To dispute the noncompliance, the Recipient must include in its response documentation or other information supporting the Recipient’s compliance. (c) The USDOT may make a final determination of noncompliance only:
(1) after considering the Recipient’s response under section 15.1(b); or (2) if the Recipient fails to respond under section 15.1(b), after the time for that response has passed.
(d) To make a final determination of noncompliance, the USDOT must provide a notice to the Recipient that states the bases for that determination.
15.2 Remedies.
(a) If the USDOT makes a final determination of noncompliance under section 15.1(d), the USDOT may impose a remedy, including:
(1) additional conditions on the award;
(2) any remedy permitted under 2 C.F.R. 200.339–200.340, including withholding of payments; disallowance of previously reimbursed costs, requiring refunds from the Recipient to USDOT; suspension or termination of the award; or suspension and disbarment under 2 C.F.R. part 180; or
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(3) any other remedy legally available.
(b) To impose a remedy, the USDOT must provide a written notice to the Recipient that describes the remedy, but the USDOT may make the remedy effective before the Recipient receives that notice.
(c) If the USDOT determines that it is in the public interest, the USDOT may impose a remedy, including all remedies described in section 15.2(a), before making a final determination of noncompliance under section 15.1(d). If it does so, then the notice provided under section 15.1(d) must also state whether the remedy imposed will continue, be rescinded, or modified.
(d) In imposing a remedy under this section 15.2 or making a public interest determination under section 15.2(c), the USDOT may elect to consider the interests of only the USDOT.
(e) The Recipient acknowledges that amounts that the USDOT requires the Recipient to refund to the USDOT due to a remedy under this section 15.2 constitute a debt to the Federal Government that the USDOT may collect under 2 C.F.R. 200.346 and the Standards for Administrative Collection of Claims (31 C. F. R. part 901).
15.3 Other Oversight Entities.
Nothing in this article 15 limits any party’s authority to report activity under this agreement to the United States Department of Transportation Inspector General or other appropriate oversight entities.
ARTICLE 16
AGREEMENT TERMINATION
16.1 USDOT Termination.
(a) The USDOT may terminate this agreement and all of its obligations under this agreement if any of the following occurs:
(1) the Recipient fails to obtain or provide any non-SS4A Grant contribution (all eligible project costs other than the SS4A Grant Amount, as described in section
3.2 table (a) of the grant agreement) or alternatives approved by the USDOT as provided in this agreement and consistent with article 3; (2) a construction start date for the Project or Strategy is listed in section 3.2 and the Recipient fails to meet that milestone by six months after the date listed in section
3.2;
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(3) a substantial completion date for the Project or Strategy is listed in section 3.2 and the Recipient fails to meet that milestone by six months after the date listed in section 3.2;
(4) the Recipient fails to comply with the terms and conditions of this agreement, including a material failure to comply with the schedule in section 3.2 even if it is beyond the reasonable control of the Recipient; or,
(5) the USDOT determines that termination of this agreement is in the public interest. (6) the Recipient fails to expend the funds within 5 years after the date on which the government executes the grant agreement, which is the date funds are provided for the project.
(b) In terminating this agreement under this section, the USDOT may elect to consider only the interests of the USDOT.
(c) This section 16.1 does not limit the USDOT’s ability to terminate this agreement as a remedy under section 15.2.
(d) The Recipient may request that the USDOT terminate the agreement under this section
16.1. 16.2 Closeout Termination.
(a) This agreement terminates on Project Closeout.
(b) In this agreement, “Project Closeout” means the date that the USDOT notifies the Recipient that the award is closed out. Under 2 C.F.R. 200.344, Project Closeout should occur no later than one year after the end of the period of performance.
16.3 Post-Termination Adjustments. The Recipient acknowledges that under 2 C.F.R. 200.345–200.346, termination of the agreement does not extinguish the USDOT’s authority to disallow costs, including costs that USDOT reimbursed before termination, and recover funds from the Recipient.
16.4 Non-Terminating Events.
(a) The end of the period of performance described under section 10.4 does not terminate this agreement or the Recipient’s obligations under this agreement. (b) The liquidation of funds under section 20.1 does not terminate this agreement or the Recipient’s obligations under this agreement.
16.5 Other Remedies. The termination authority under this article 16 supplements and does not limit the USDOT’s remedial authority under article 15 or 2 C.F.R. part 200, including 2 C.F.R. 200.339–200.340.
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ARTICLE 17
MONITORING, FINANCIAL MANAGEMENT, CONTROLS, AND RECORDS
17.1 Recipient Monitoring and Record Retention.
(a) The Recipient shall monitor activities under this award, including activities under subawards and contracts, to ensure:
(1) that those activities comply with this agreement; and (2) that funds provided under this award are not expended on costs that are not allowable under this award or not allocable to this award. (b) If the Recipient makes a subaward under this award, the Recipient shall monitor the activities of the subrecipient in compliance with 2 C.F.R. 200.332(e). (c) The Recipient shall retain records relevant to the award as required under 2 C.F.R. 200.334.
17.2 Financial Records and Audits.
(a) The Recipient shall keep all project accounts and records that fully disclose the amount and disposition by the Recipient of the award funds, the total cost of the Project, and the amount or nature of that portion of the cost of the Project supplied by other sources, and any other financial records related to the project.
(b) The Recipient shall keep accounts and records described under section 17.2(a) in accordance with a financial management system that meets the requirements of 2 C.F.R. 200.302–200.307, 2 C.F.R. part 200, subpart F, and title 23, United States Code, and will facilitate an effective audit in accordance with 31 U.S.C. 7501–7506. (c) The Recipient shall separately identify expenditures under the fiscal year 2022 SS4A grants program in financial records required for audits under 31 U.S.C. 7501–7506.
Specifically, the Recipient shall:
(1) list expenditures under that program separately on the schedule of expenditures of Federal awards required under 2 C.F.R. part 200, subpart F, including “FY 2022” in the program name; and
(2) list expenditures under that program on a separate row under Part II, Item 1 (“Federal Awards Expended During Fiscal Period”) of Form SF-SAC, including “FY 2022” in column c (“Additional Award Identification”).
17.3 Internal Controls. The Recipient shall establish and maintain internal controls as required under 2 C.F.R. 200.303.
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17.4 USDOT Record Access. The USDOT may access Recipient records related to this award under 2 C.F.R. 200.337.
17.5 Oversight Responsibilities. This award is subject to the oversight requirements of Title 23, United States Code.
ARTICLE 18
CONTRACTING AND SUBAWARDS
18.1 Build America, Buy America. This award term implements § 70914(a) of the Build America, Buy America Act, Pub. L. No. 117-58, div. G, tit. IX, subtitle A, 135 Stat. 429, 1294 (2021), 2 CFR part 184 and Office of Management and Budget (OMB) Memorandum M-24-02, “Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure.” Requirement to Use Iron, Steel, Manufactured Products, and Construction Materials Produced in the United States.
The Recipient shall not use funds provided under this award for a project for infrastructure unless:
(1) all iron and steel used in the project are produced in the United States—this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;
(2) all manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product; and
(3) all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States.
Inapplicability.
The domestic content procurement preference in this award term only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.
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Waivers.
When necessary, the Recipient may apply for, and the USDOT may grant, a waiver from the domestic content procurement preference in this award term.
A request to waive the application of the domestic content procurement preference must be in writing. The USDOT will provide instructions on the waiver process and on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Office of Management and Budget (OMB) Made in America Office.
When the USDOT has made a determination that one of the following exceptions applies, the awarding official may waive the application of the domestic content procurement preference in any case in which the USDOT determines that:
(1) applying the domestic content procurement preference would be inconsistent with the public interest;
(2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or
(3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent.
There may be instances where an award qualifies, in whole or in part, for an existing waiver described at https://www.transportation.gov/office-policy/transportation-policy/made-in-america.
Definitions
“Construction materials” means articles, materials, or supplies— that consist of only one of the items listed below in paragraph (1) of this definition, except as provided in paragraph (2) of this definition. To the extent that one of the items listed in paragraph (1) contains as inputs other items listed in paragraph (1), it is nonetheless a construction material:
(1) The listed Items are:
• non-ferrous metals;
• plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables);
• glass (including optic glass);
• fiber optic cable (including drop cable)
• optical fiber;
• lumber;
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• engineered wood; and
• drywall.
(2) Minor additions of articles, materials, supplies, or binding agents to a construction material do not change the categorization of the construction material. “Domestic content procurement preference” means all iron and steel used in the project are produced in the United States; the manufactured products used in the project are produced in the United States; or the construction materials used in the project are produced in the United States. “Iron or steel products” means articles, materials, or supplies that consist wholly or predominantly or iron or steel or a combination of both. “Manufactured products” means:
(1) Articles, materials, or supplies that have been: (i) Processed into a specific form and shape; or (ii) combined with other articles, materials, or supplies to create a product with different properties than the individual articles, materials, or supplies. (2) If an item is classified as an iron or steel product, a construction material, or a Section 70917(c) material under 2 CFR 184.4(e) and the definitions set forth in 2 CFR 184.3, then it is not a manufactured product. However, an article, material, or supply classified as a manufactured product under 2 CFR 184.4(e) and paragraph (1) of this definition may include components that are construction materials, iron or steel products, or Section 70917(c) materials. “Predominantly of iron or steel or a combination of both” means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forging utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components.
“Project” means the temporary or permanent construction, alteration, maintenance, or repair of infrastructure in the United States.
“Section 70917(c) materials” cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives.
(a) Steel, iron, and manufactured products used in the Project are subject to 23 U.S.C. 313, as applicable, as implemented by the Federal Highway Administration. The Recipient acknowledges that this agreement is neither a waiver of 23 U.S.C. 313(a) nor a finding under 23 U.S.C. 313(b).
(b) Construction materials used in the Project are subject to the domestic preference requirement at § 70914 of the Build America, Buy America Act, Pub. L. No. 117-58, div. G, tit. IX, subtitle A, 135 Stat. 429, 1294 (2021), as implemented by OMB, 438
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USDOT, and FHWA. The Recipient acknowledges that this agreement is neither a waiver of § 70914(a) nor a finding under § 70914(b).
(c) Under 2 C.F.R. 200.322, as appropriate and to the extent consistent with law, the Recipient should, to the greatest extent practicable under this award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. The Recipient shall include the requirements of 2 C.F.R. 200.322 in all subawards including all contracts and purchase orders for work or products under this award.
18.2 Small and Disadvantaged Business Requirements. The Recipient shall expend all funds under this award in compliance with the requirements at 2 C.F.R. 200.321 including any amendments thereto.
18.3 Engineering and Design Services. The Recipient shall award each contract or subcontract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping, or related services with respect to the project in the same manner that a contract for architectural and engineering services is negotiated under the Brooks Act, 40 U.S.C. 1101-1104 as implemented in 23 U.S.C. 112(b)(2), as applicable, or an equivalent qualifications-based requirement prescribed for or by the Recipient and approved in writing by the USDOT.
18.4 Foreign Market Restrictions. The Recipient shall not allow funds provided under this award to be used to fund the use of any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction.
18.5 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment. The Recipient acknowledges that Section 889 of Pub. L. No. 115-232, 2 C.F.R. 200.216 and 2 C.F.R. 200.471 prohibit the Recipient and all subrecipients from procuring or obtaining certain telecommunications and video surveillance services or equipment under this award.
18.6 Recipient Responsibilities For Subawards. If the Recipient makes a subaward under this award, the Recipient shall comply with the requirements on pass-through entities under 2 C.F.R. parts 200 and 1201, including 2 C.F.R. 200.331–200.333.
18.7 Subaward and Contract Authorization. If the USDOT Office for Subaward Authorization identified in section 5.1 is “FHWA Office of Acquisition and Grants Management,” then the Recipient must follow the requirements in 2 C.F.R. 200.308 (f) (6) and 2 C.F.R. 200.333, as applicable, for the subaward of any SS4A Grant work under the Project-Specific Agreement. Approvals under 2 CFR 200.308(f)(6) do not apply to the procurement acquisition of goods and services.
18.8 Minimum Wage Rates. The Recipient shall include, in all contracts in excess of $2,000 for work on the Project that involves labor, provisions establishing minimum rates of 439
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wages, to be predetermined by the United States Secretary of Labor, in accordance with 23 U.S.C. 113, that contractors shall pay to skilled and unskilled labor, and such 19 of 33 minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work.
ARTICLE 19
COSTS, PAYMENTS, AND UNEXPENDED FUNDS
19.1 Limitation of Federal Award Amount. Under this award, the USDOT shall not provide funding greater than the amount obligated on the SS4A Grant cover page, Item 11, Federal Funds Obligated. The Recipient acknowledges that USDOT is not liable for payments exceeding that amount, and the Recipient shall not request reimbursement of costs exceeding that amount.
19.2 Projects Costs. This award is subject to the cost principles at 2 C.F.R. part 200 subpart E, including provisions on determining allocable costs and determining allowable costs.
19.3 Timing of Project Costs.
(a) The Recipient shall not charge to this award costs that are incurred after the period of performance.
(b) The Recipient shall not charge to this award costs that were incurred before the effective date of award of this agreement, unless there has been an approval pre-award costs under 2 C.F.R. 200.458. pre-award costs under 2 C.F.R. 200.458.
19.4 Recipient Recovery of Federal Funds. The Recipient shall make all reasonable efforts, including initiating litigation, if necessary, to recover Federal funds if the USDOT determines, after consultation with the Recipient, that those funds have been spent fraudulently, wastefully, or in violation of Federal laws, or misused in any manner under this award. The Recipient shall not enter a settlement or other final position, in court or otherwise, involving the recovery of funds under the award unless approved in advance in writing by the USDOT.
19.5 Unexpended Federal Funds. Any Federal funds that are awarded at section 10.1 but not expended on allocable, allowable costs remain the property of the United States.
19.6 Timing of Payments to the Recipient. When reimbursement is used, the Recipient shall not request reimbursement of a cost before the Recipient has entered an obligation for that cost.
19.7 Payment Method.
(a) If the USDOT Payment System identified in section 5.2 is “DELPHI eInvoicing,” then the Recipient shall use the DELPHI eInvoicing System to request reimbursement or 440
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advance payment under this award unless the USDOT agreement officer provides written approval for the Recipient to use a different request and payment method. (b) The USDOT may deny a payment request that is not submitted using the method identified in section 5.2.
19.8 Information Supporting Expenditures
(a) If the USDOT Payment System identified in section 5.2 is “DELPHI eInvoicing,” then when requesting reimbursement of costs incurred or credit for cost share incurred, the Recipient shall electronically submit the SF 270 (Request for Advance or Reimbursement), shall identify the Federal share and the Recipient’s share of costs, and shall submit supporting cost detail to clearly document all costs incurred. As supporting cost detail, the Recipient shall include a detailed breakout of all costs incurred, including direct labor, indirect costs, other direct costs, and travel.
(b) If the Recipient submits a request for reimbursement that the USDOT determines does not include or is not supported by sufficient detail, the USDOT may deny the request or withhold processing the request until the Recipient provides sufficient detail.
19.9 Reimbursement Frequency. If the USDOT Payment System identified in section 5.2 is “DELPHI eInvoicing,” then the Recipient shall not request reimbursement more frequently than monthly.
ARTICLE 20
LIQUIDATION, ADJUSTMENTS, AND FUNDS AVAILABILITY
20.1 Liquidation of Recipient Obligations.
(a) The Recipient shall liquidate all obligations of award funds under this agreement not later than the earlier of (1) 120 days after the end of the period of performance or (2) the statutory availability to eligible entities date, which shall be 5 years after the date on which the grant is provided.
(b) Liquidation of obligations and adjustment of costs under this agreement follow the requirements of 2 C.F.R. 200.344–200.346.
ARTICLE 21
AGREEMENT MODIFICATIONS
21.1 Bilateral Modifications. The parties may amend, modify, or supplement this agreement by mutual agreement in writing signed by the USDOT and the Recipient. Either party may request to amend, modify, or supplement this agreement by written notice to the other party.
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21.2 Unilateral Contact Modifications.
(a) The USDOT may update the contacts who are listed in sections 4.4 by written notice to all of the Recipient contacts who are listed in section 4.3.
21.3 USDOT Unilateral Modifications.
(a) The USDOT may unilaterally modify this agreement to comply with Federal law, including the Program Statute.
(b) To unilaterally modify this agreement under this section 21.3(a), the USDOT must provide a notice to the Recipient that includes a description of the modification and state the date that the modification is effective.
21.4 Other Modifications. The parties shall not amend, modify, or supplement this agreement except as permitted under sections 21.1, 21.2, or 21.3. If an amendment, modification, or supplement is not permitted under section 21.1, not permitted under section 21.2, and not permitted under section 21.3, it is void.
ARTICLE 22
[RESERVED]
ARTICLE 23
[RESERVED]
ARTICLE 24
FEDERAL FINANCIAL ASSISTANCE, ADMINISTRATIVE, AND NATIONAL
POLICY REQUIREMENTS
24.1 Uniform Administrative Requirements for Federal Awards. The Recipient shall comply with the obligations on non-Federal entities under 2 C.F.R. parts 200 and 1201.
24.2 Federal Law and Public Policy Requirements.
(a) The Recipient shall ensure that Federal funding is expended in full accordance with the United States Constitution, Federal law, and statutory and public policy requirements:
including but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination; and Recipient will cooperate with Federal officials in the enforcement of Federal law, including cooperating with and not impeding U.S. Immigration and Customs Enforcement (ICE) and other Federal offices and components of the Department of Homeland Security in the enforcement of Federal immigration law.
(b) Pursuant to Executive Order 14173, Ending Illegal Discrimination And Restoring MeritBased Opportunity, the Recipient agrees that its compliance in all respects with all 442
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applicable Federal anti-discrimination laws is material to the government’s payment decisions for purposes of section 3729(b)(4) of title 31, United States Code. (c) Pursuant to Executive Order 14173, Ending Illegal Discrimination And Restoring MeritBased Opportunity, by entering into this agreement, the Recipient certifies that it does not operate any programs promoting diversity, equity, and inclusion (DEI) initiatives that violate any applicable Federal anti-discrimination laws. (d) The failure of this agreement to expressly identify Federal law applicable to the Recipient or activities under this agreement does not make that law inapplicable.
24.3 Federal Freedom of Information Act.
(a) The USDOT is subject to the Freedom of Information Act, 5 U.S.C. 552. (b) The Recipient acknowledges that the Technical Application and materials submitted to the USDOT by the Recipient related to this agreement may become USDOT records subject to public release under 5 U.S.C. 552.
24.4 History of Performance. Under 2 C.F.R 200.206, any Federal agency may consider the Recipient’s performance under this agreement when evaluating the risks of making a future Federal financial assistance award to the Recipient.
24.5 Whistleblower Protection.
(a) The Recipient acknowledges that it is a “grantee” within the scope of 41 U.S.C. 4712, which prohibits the Recipient from taking certain actions against an employee for certain disclosures of information that the employee reasonably believes are evidence of gross mismanagement of this award, gross waste of Federal funds, or a violation of Federal law related this this award.
(b) The Recipient shall inform its employees in writing of the rights and remedies provided under 41 U.S.C. 4712, in the predominant native language of the workforce.
24.6 External Award Terms and Obligations.
(a) In addition to this document and the contents described in article 29, this agreement includes the following additional terms as integral parts:
(1) Appendix A to 2 C.F.R. part 25: System for Award Management and Universal Identifier Requirements;
(2) Appendix A to 2 C.F.R. part 170: Reporting Subawards and Executive Compensation;
(3) 2 C.F.R part 175: Award Term for Trafficking in Persons; and 443
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(4) Appendix XII to 2 C.F.R. part 200: Award Term and Condition for Recipient Integrity and Performance Matters.
(b) The Recipient shall comply with:
(1) 49 C.F.R. part 20: New Restrictions on Lobbying;
(2) 49 C.F.R. part 21: Nondiscrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964;
(3) 49 C.F.R. part 27: Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance; and
(4) Subpart B of 49 C.F.R. part 32: Governmentwide Requirements for Drug-free Workplace (Financial Assistance).
24.7 Incorporated Certifications. The Recipient makes the statements in the following certifications, which are incorporated by reference:
(1) Appendix A to 49 CFR part 20 (Certification Regarding Lobbying).
ARTICLE 25
ASSIGNMENT
25.1 Assignment Prohibited. The Recipient shall not transfer to any other entity any discretion granted under this agreement, any right to satisfy a condition under this agreement, any remedy under this agreement, or any obligation imposed under this agreement.
ARTICLE 26
WAIVER
26.1 Waivers.
(a) A waiver granted by USDOT under this agreement will not be effective unless it is in writing and signed by an authorized representative of USDOT. (b) A waiver granted by USDOT under this agreement on one occasion will not operate as a waiver on other occasions.
(c) If USDOT fails to require strict performance of a provision of this agreement, fails to exercise a remedy for a breach of this agreement, or fails to reject a payment during a breach of this agreement, that failure does not constitute a waiver of that provision or breach.
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ARTICLE 27
ADDITIONAL TERMS AND CONDITIONS
27.1 Effect of Action Plan or Implementation Plan. Based on information that the Recipient provided to the USDOT, including the Technical Application, at indicated in section 2.5, this agreement designates this award as an Action Plan award or a Implementation award, as defined in the NOFO. The Recipient shall comply with the requirements that accompany that designation on minimum award size, geographic location, and cost sharing.
27.2 Disclaimer of Federal Liability. The USDOT shall not be responsible or liable for any damage to property or any injury to persons that may arise from, or be incident to, performance or compliance with this agreement.
27.3 Environmental Review
(a) In this section, “Environmental Review Entity” means:
(1) if the Project is located in a State that has assumed responsibilities for environmental review activities under 23 U.S.C. 326 or 23 U.S.C. 327 and the Project is within the scope of the assumed responsibilities, the State; and
(2) for all other cases, the FHWA.
(b) Except as authorized under section 27.3(c), the Recipient shall not begin final design; acquire real property, construction materials, or equipment; begin construction; or take other actions that represent an irretrievable commitment of resources for the Project unless and until:
(1) the Environmental Review Entity complies with the National Environmental Policy Act, 42 U.S.C. 4321 to 4370-12, and any other applicable environmental laws and regulations; and
(2) if the Environmental Review Entity is not the Recipient, the Environmental Review Entity provides the Recipient with written notice that the environmental review process is complete.
(c) If the Recipient is using procedures for early acquisition of real property under 23 C.F.R. 710.501 or hardship and protective acquisitions of real property 23 C.F.R. 710.503, the Recipient shall comply with 23 C.F.R. 771.113(d)(1). (d) The Recipient acknowledges that:
(1) the Environmental Review Entity’s actions under section 27.3(a) depend on the Recipient conducting necessary environmental analyses and submitting necessary documents to the Environmental Review Entity; and
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(2) applicable environmental statutes and regulation may require the Recipient to prepare and submit documents to other Federal, State, and local agencies. (e) Consistent with 23 C.F.R. 771.105(a), to the extent practicable and consistent with Federal law, the Recipient shall coordinate all environmental investigations, reviews, and consultations as a single process.
(f) The activities described in this agreement may inform environmental decision-making processes, but the parties do not intend this agreement to document the alternatives under consideration under those processes. If a build alternative is selected that does not align information in this agreement, then:
(1) the parties may amend this agreement under section 21.1 for consistency with the selected build alternative; or
(2) if the USDOT determines that the condition at section 16.1(a)(5) is satisfied, the USDOT may terminate this agreement under section 16.1(a)(5). (g) The Recipient shall complete any mitigation activities described in the environmental document or documents for the Project, including the terms and conditions contained in the required permits and authorizations for the Project.
27.4 Railroad Coordination. If the agreement includes one or more milestones identified as a “Railroad Coordination Agreement,” then for each of those milestones, the Recipient shall enter a standard written railroad coordination agreement, consistent with 23 C.F.R. 646.216(d), no later than the deadline date identified for that milestone, with the identified railroad for work and operation within that railroad’s right-of-way.
27.5 Relocation and Real Property Acquisition.
(a) The Recipient shall comply with the land acquisition policies in 49 C.F.R. part 24 subpart B and shall pay or reimburse property owners for necessary expenses as specified in that subpart.
(b) The Recipient shall provide a relocation assistance program offering the services described in 49 C.F.R. part 24 subpart C and shall provide reasonable relocation payments and assistance to displaced persons as required in 49 C.F.R. part 24 subparts D–E.
(c) The Recipient shall make available to displaced persons comparable replacement dwellings in accordance with 49 C.F.R. part 24.
27.6 Equipment Disposition.
(a) In accordance with 2 C.F.R. 200.313 and 1201.313, if the Recipient or a subrecipient acquires equipment under this award, then when that equipment is no longer needed for the Project that entity shall request disposition instructions from the FHWA. 446
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(b) In accordance with 2 C.F.R. 200.443(d), the distribution of the proceeds from the disposition of equipment must be made in accordance with 2 C.F.R. 200.310–200.316 and 2 C.F.R. 1201.313.
(c) The Recipient shall ensure compliance with this section 27.6 for all tiers of subawards under this award.
ARTICLE 28
MANDATORY AWARD INFORMATION
28.1 Information Contained in a Federal Award. For 2 C.F.R. 200.211:
(1) the “Federal Award Date” is the date of this agreement, as defined under section
30.2;
(2) the “Assistance Listings Number” is 20.939 and the “Assistance Listings Title” is “Safe Streets and Roads for All Grant Program”; and
(3) this award is not for research and development.
ARTICLE 29
CONSTRUCTION AND DEFINITIONS
29.1 Attachments. This agreement includes the following attachments as integral parts:
Attachment A Performance Measurement Information
Attachment B Changes from Application
Attachment C [RESERVED]
Attachment D [RESERVED]
Attachment E Labor and Workforce
Attachment F Critical Infrastructure Security and Resilience
29.2 Exhibits. The following exhibits, which are in the document titled “Exhibits to FHWA Grant Agreements Under the Fiscal Year 2022 SS4A Grant Program”, dated March 17, 2025, and available at https://www.transportation.gov/grants/ss4a/grant-agreements, are part of this agreement.
Exhibit A Applicable Federal Laws and Regulations
Exhibit B Additional Standard Terms
Exhibit C Quarterly Project Progress Reports and Recertifications: Format and Content
Exhibit D Form for Subsequent Obligation of Funds
29.3 Construction. If a provision in the exhibits or the attachments conflicts with a provision in articles 1-28, then the provision in articles 1-28 prevails. If a provision in the 447
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attachments conflicts with a provision in the exhibits, then the provision in the attachments prevails.
29.4 Integration. This agreement constitutes the entire agreement of the parties relating to the SS4A grant program and awards under that program and supersedes any previous agreements, oral or written, relating to the SS4A grant program and awards under that program.
29.5 Definitions. In this agreement, the following definitions apply:
“Program Statute” means the IIJA section 24112 and statutory text under the heading “Safe Streets and Roads for All Grants” in title I of division J of the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 (November 15, 2021), and all other provisions of that act that apply to amounts appropriated under that heading. “Project” means the project proposed in the Grant Application, as modified by the negotiated provisions of this agreement, including article 3 and Attachments A–D. “SS4A Grant” means an award of funds that were made available under the NOFO. “Grant Application” means the application identified in section 2.1, including Standard Form 424 and all information and attachments submitted with that form through Grants.gov.
ARTICLE 30
AGREEMENT EXECUTION AND EFFECTIVE DATE
30.1 Counterparts. This agreement may be executed in counterparts, which constitute one document. The parties intend each countersigned original to have identical legal effect.
30.2 Effective Date. The agreement will become effective when all parties have signed it. The date of this agreement will be the date this agreement is signed by the last party to sign it.
This instrument constitutes a SS4A Grant when the USDOT’s authorized representative signs it.
448
U.S. DEPARTMENT OF TRANSPORTATION
EXHIBITS TO FHWA GRANT AGREEMENTS UNDER THE
FISCAL YEAR 2022 SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM February 8, 2023
Revised: March 17, 2025
449
A-1
EXHIBIT A
APPLICABLE FEDERAL LAWS AND REGULATIONS
By entering into this agreement for a FY 2022 Safe Streets and Roads for All Grant, the Recipient assures and certifies, with respect to this Grant, that it will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance, and use of Federal funds for this Project. Performance under this agreement shall be governed by and in compliance with the following requirements, as applicable, to the type of organization of the Recipient and any applicable sub-recipients. The applicable provisions to this agreement include, but are not limited to, the following:
General Federal Legislation
a. Federal Fair Labor Standards Act – 29 U.S.C. 201, et seq. b. Hatch Act – 5 U.S.C. 1501, et seq.
c. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 – 42 U.S.C. 4601, et seq.
d. National Historic Preservation Act of 1966 - Section 106 – 54 U.S.C. 306108 e. Archeological and Historic Preservation Act of 1974 – 54 U.S.C. 312501, et seq. f. Native American Graves Protection and Repatriation Act – 25 U.S.C. 3001, et seq. g. Clean Air Act, P.L. 90-148, as amended – 42 U.S.C. 7401, et seq. h. Section 404 of the Clean Water Act, as amended – 33 U.S.C. 1344 i. Section 7 of the Endangered Species Act, P.L. 93-205, as amended – 16 U.S.C. 1536 j. Coastal Zone Management Act, P.L. 92-583, as amended – 16 U.S.C. 1451, et seq. k. Flood Disaster Protection Act of 1973 - Section 102(a) – 42 U.S.C. 4012a l. Age Discrimination Act of 1975 – 42 U.S.C. 6101, et seq. m. American Indian Religious Freedom Act, P.L. 95-341, as amended n. Drug Abuse Office and Treatment Act of 1972, as amended – 21 U.S.C. 1101, et seq. o. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, P.L. 91-616, as amended – 42 U.S.C. 4541, et seq. p. Sections 523 and 527 of the Public Health Service Act of 1912, as amended – 42 U.S.C. 290dd through 290dd-2
q. Architectural Barriers Act of 1968 – 42 U.S.C. 4151, et seq. r. Power Plant and Industrial Fuel Use Act of 1978, P.L. 100-42 - Section 403 – 42 U.S.C. 8373
s. Contract Work Hours and Safety Standards Act – 40 U.S.C. 3701, et seq. t. Copeland Anti-kickback Act, as amended – 18 U.S.C. 874 and 40 U.S.C. 3145 u. National Environmental Policy Act of 1969 – 42 U.S.C. 4321, et seq. v. Wild and Scenic Rivers Act, P.L. 90-542, as amended – 16 U.S.C. 1271, et seq. w. Federal Water Pollution Control Act, as amended – 33 U.S.C. 1251-1376 x. Single Audit Act of 1984 – 31 U.S.C. 7501, et seq.
y. Americans with Disabilities Act of 1990 – 42 U.S.C. 12101, et seq. z. Title IX of the Education Amendments of 1972, as amended – 20 U.S.C. 1681 through 1683 and 1685 through 1687
aa. Section 504 of the Rehabilitation Act of 1973, as amended – 29 U.S.C. 794 bb. Title VI of the Civil Rights Act of 1964 – 42 U.S.C. 2000d, et seq. cc. Title IX of the Federal Property and Administrative Services Act of 1949 – 40 U.S.C. 1101 -1104, 541, et seq.
dd. Limitation on Use of Appropriated Funds to Influence Certain Federal Contracting and 450
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Financial Transactions – 31 U.S.C. 1352
ee. Freedom of Information Act – 5 U.S.C. 552, as amended ff. Magnuson-Stevens Fishery Conservation and Management Act – 16 U.S.C. 1855 gg. Farmland Protection Policy Act of 1981 – 7 U.S.C. 4201, et seq. hh. Noise Control Act of 1972 – 42 U.S.C. 4901, et seq. ii. Fish and Wildlife Coordination Act of 1956 – 16 U.S.C. 661, et seq. jj. Section 9 of the Rivers and Harbors Act and the General Bridge Act of 1946 – 33 U.S.C. 401 and 525
kk. Section 4(f) of the Department of Transportation Act of 1966 – 49 U.S.C. 303 ll. Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended – 42 U.S.C. 9601, et seq.
mm.Safe Drinking Water Act – 42 U.S.C. 300f to 300j-26
nn. Wilderness Act – 16 U.S.C. 1131-1136
oo. Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 – 42 U.S.C. 6901, et seq.
pp. Migratory Bird Treaty Act – 16 U.S.C. 703, et seq.
qq. The Federal Funding Transparency and Accountability Act of 2006, as amended (Pub.
L. 109–282, as amended by section 6202 of Public Law 110–252) rr. Cargo Preference Act of 1954 – 46 U.S.C. 55305
ss. Section 889 of the John D. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232
tt. Bringing in and harboring certain aliens – 8 U. S. C. 1324 uu. Aiding or assisting certain aliens to enter – 8 U. S. C. 1327 Executive Orders
a. Executive Order 11990 – Protection of Wetlands
b. Executive Order 11988 – Floodplain Management
c. Executive Order 12372 – Intergovernmental Review of Federal Programs d. Executive Order 12549 – Debarment and Suspension
e. Executive Order 14005 – Ensuring the Future is Made in All of America by All of America’s Workers
f. Executive Order 14025 – Worker Organizing and Empowerment g. Executive Order 14149 - Restoring Freedom of Speech and Ending Federal Censorship h. Executive Order 14154 - Unleashing American Energy
i. Executive Order 14151 - Ending Radical and Wasteful Government DEI Programs and Preferencing
j. Executive Order 14168 - Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government
k. Executive Order 14173 - Ending Illegal Discrimination and Restoring Merit-Based Opportunity
General Federal Regulations
a. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards – 2 C.F.R. Parts 200, 1201
b. Non-procurement Suspension and Debarment – 2 C.F.R. Parts 180, 1200 c. Investigative and Enforcement Procedures – 14 C.F.R. Part 13 d. Procedures for predetermination of wage rates – 29 C.F.R. Part 1 e. Contractors and subcontractors on public building or public work financed in whole or 451
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part by loans or grants from the United States – 29 C.F.R. Part 3 f. Labor standards provisions applicable to contracts governing federally financed and assisted construction (also labor standards provisions applicable to non-construction contracts subject to the Contract Work Hours and Safety Standards Act) – 29 C.F.R.
Part 5
g. Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements) – 41 C.F.R. Parts 60, et seq.
h. New Restrictions on Lobbying – 49 C.F.R. Part 20
i. Nondiscrimination in Federally Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964 – 49 C.F.R. Part 21, including any amendments thereto
j. Uniform relocation assistance and real property acquisition for Federal and Federally assisted programs – 49 C.F.R. Part 24
k. Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance – 49 C.F.R. Part 25
l. Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance – 49 C.F.R. Part 27 m. DOT’s implementation of DOJ’s ADA Title II regulations compliance procedures for all programs, services, and regulatory activities relating to transportation under 28 C.F.R.
Part 35
n. Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation – 49 C.F.R. Part 28 o. Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors – 49 C.F.R. Part 30 p. Governmentwide Requirements for Drug-Free Workplace (Financial Assistance) – 49 C.F.R. Part 32
q. DOT’s implementing ADA regulations for transit services and transit vehicles, including the DOT’s standards for accessible transportation facilities in Part 37, Appendix A – 49 C.F.R. Parts 37 and 38
r. Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs – 49 C.F.R. Part 26, including any amendments thereto (as applicable under section 18.3 of this agreement)
Office of Management and Budget Circulars
a. Any applicable OMB Circular based upon the specific FY 2022 Safe Streets and Roads for All Grant Recipient.
Highway Federal Legislation
a. Agreements relating to the use of an access to rights-of-way—Interstate System, 23 U.S.C. 111
b. Planning, 23 U.S.C. 134 and 135 (except for projects that are not regionally significant that do not receive funding under Title 23 or Chapter 53 of Title 49) c. Tolls, 23 U.S.C. 301 (to the extent the recipient wishes to toll an existing free facility that has received Title 23 funds in the past); except as authorized by 23 U.S.C. 129 and 166. d. Efficient Environmental Reviews - 23 U.S.C. 139
e. Policy on lands, wildlife and waterfowl refuges, and historic sites - 49 U.S.C. 303 452
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Federal Highway Regulations
a. Planning – 23 C.F.R. Part 450 (except for projects that are not regionally significant that do not receive funding under Title 23 or Chapter 53 of Title 49) b. National Highway System Design Standards – 23 C.F.R. Part 625 c. Location and Hydraulic Design of Encroachments on Flood Plains – 23 C.F.R. Part 650 Subpart A
d. Manual on Uniform Traffic Control Devices – 23 C.F.R. Part 655 e. Length, Width and Weight Limitations – 23 C.F.R. Part 658 f. Environmental Impact and Related Procedures – 23 C.F.R. Part 771 g. Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and Historic Sites (Section 4(f)) – 23 C.F.R. Part 774
h. Permitting Requirements under the National Pollutant Discharge Elimination System – 40 C.F.R. Part 122
Specific assurances required to be included in the FY 2022 Safe Streets and Roads for All Grant agreement by any of the above laws, regulations, or circulars are hereby incorporated by reference into this agreement.
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EXHIBIT B
ADDITIONAL STANDARD TERMS
TERM B.1
TITLE VI ASSURANCE
(Implementing Title VI of the Civil Rights Act of 1964, as amended)
ASSURANCE CONCERNING NONDISCRIMINATION IN FEDERALLY-ASSISTED
PROGRAMS AND ACTIVITIES RECEIVING OR BENEFITING FROM FEDERAL
FINANCIAL ASSISTANCE
(Implementing the Rehabilitation Act of 1973, as amended, and the Americans With Disabilities Act, as amended)
49 C.F.R. Parts 21, 25, 27, 37 and 38
The United States Department of Transportation (USDOT)
Standard Title VI/Non-Discrimination Assurances
DOT Order No. 1050.2A
By signing and submitting the Technical Application and by entering into this agreement under the FY 2022 Safe Streets and Roads for All (SS4A) grant program, the Recipient HEREBY AGREES THAT, as a condition to receiving any Federal financial assistance from the U.S.
Department of Transportation (DOT), through the Federal Highway Administration (FHWA), it is subject to and will comply with the following:
Statutory/Regulatory Authorities
Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); 49 C.F.R. Part 21, including any amendments thereto (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation—Effectuation Of Title VI Of The Civil Rights Act Of 1964);
28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);
The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.
General Assurances
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In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity,” for which the Recipient receives Federal financial assistance from DOT, including the FHWA.
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI and other Non-discrimination requirements (The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these non-discrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.
Specific Assurances
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted FY 2022 SS4A grant program:
1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in §§ 21.23 (b) and 21.23 (e) of 49 C.F.R. Part 21, including any amendments there to, will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.
2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with the FY 2022 SS4A Grant and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The Recipient, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”
3. The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract or agreement subject to the Acts and the Regulations.
4. The Recipient will insert the clauses of Appendix B of this Assurance, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.
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5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.
6. That where the Recipient receives Federal financial assistance in the form, or for the acquisition of real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.
7. That the Recipient will include the clauses set forth in Appendix C and Appendix D of this Assurance, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.
8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or
b. the period during which the Recipient retains ownership or possession of the property.
9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.
By signing this ASSURANCE, the Recipient also agrees to comply (and require any subrecipients, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing the FHWA’s access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by the FHWA. You must keep records, reports, and submit the material for review upon request to FHWA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 456
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The Recipient gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the FY 2022 SS4A grant program. This ASSURANCE is binding on the Recipient, other recipients, sub-recipients, contractors, subcontractors and their subcontractors’, transferees, successors in interest, and any other participants in the FY 2022 SS4A grant program.
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APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees as follows:
1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federallyassisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.
2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 C.F.R. Part 21, including any amendments thereto.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment:
In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor’s obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin.
4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a contractor’s noncompliance with the Non-discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
a. withholding payments to the contractor under the contract until the contractor complies; and/or
b. cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as 458
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the Recipient or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 459
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APPENDIX B
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Specific Assurance 4:
NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the Recipient will accept title to the lands and maintain the project constructed thereon in accordance with the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 (Nov. 15, 2021), the Consolidated Appropriations Act, 2022, Pub. L. No. 117-103 (Mar. 15, 2022), 49 U.S.C. § 6702, the Regulations for the Administration of FY 2022 SS4A grant program, and the policies and procedures prescribed by the Federal Highway Administration (FHWA) of the U.S.
Department of Transportation, including any amendments thereto, in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S.
Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the Recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto Recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the Recipient, its successors and assigns.
The Recipient, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the Recipient will use the lands and interests in lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation, including any amendments thereto, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of any of the abovementioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said land, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* 460
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(*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.) 461
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APPENDIX C
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED
UNDER THE ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the Recipient pursuant to the provisions of Specific Assurance 7(a):
A. The (Recipient, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:
1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (Recipient, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants, Recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the Recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the Recipient and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
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APPENDIX D
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED
UNDER THE ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by Recipient pursuant to the provisions of Specific Assurance 7(b):
A. The (Recipient, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (Recipient, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.
B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above Non-discrimination covenants, Recipient will have the right to terminate the (license, permit, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.*
C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, Recipient will there upon revert to and vest in and become the absolute property of Recipient and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
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APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:
Pertinent Non-Discrimination Authorities:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21, including any amendments thereto.
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);
Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations at 49 C.F.R. Parts 37 and 38;
The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq).
TERM B.2
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS -- PRIMARY COVERED TRANSACTIONS
2 C.F.R. Parts 180 and 1200
These assurances and certifications are applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 C.F.R. Parts 180 and 1200. 464
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By signing and submitting the Technical Application and by entering into this agreement under the FY 2022 SS4A grant program, the Recipient is providing the assurances and certifications for First Tier Participants and Lower Tier Participants in the FY 2022 SS4A Grant, as set out below.
1. Instructions for Certification – First Tier Participants:
a. The prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency’s determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction.
c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default.
d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
e. The terms “covered transaction,” “civil judgment,” “debarred,” “suspended,” “ineligible,” “participant,” “person,” “principal,” and “voluntarily excluded,” as used in this clause, are defined in 2 C.F.R. Parts 180 and 1200. “First Tier Covered Transactions” refers to any covered transaction between a Recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a Recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers to any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.
g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions,” provided by the department or 465
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contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold.
h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – First Tier Participants:
a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency;
(2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment, including a civil settlement, rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 466
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b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
2. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 C.F.R. Parts 180 and 1200) a. The prospective lower tier participant is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms “covered transaction,” “civil settlement,” “debarred,” “suspended,” “ineligible,” “participant,” “person,” “principal,” and “voluntarily excluded,” as used in this clause, are defined in 2 C.F.R. Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a Recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a Recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is 467
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erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Participants:
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 468
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TERM B.3
REQUIREMENTS REGARDING DELINQUENT TAX LIABILITY OR A FELONY
CONVICTION UNDER ANY FEDERAL LAW
As required by sections 744 and 745 of Title VII, Division E of the Consolidated Appropriations Act, 2023, Pub. L. No. 117-328 (Dec. 29, 2022), and implemented through USDOT Order 4200.6, the funds provided under this award shall not be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that:
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless a Federal agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless a Federal agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government.
The Recipient therefore agrees:
1. Definitions. For the purposes of this exhibit, the following definitions apply:
“Covered Transaction” means a transaction that uses any funds under this award and that is a contract, memorandum of understanding, cooperative agreement, grant, loan, or loan guarantee.
“Felony Conviction” means a conviction within the preceding 24 months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the United States Code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 U.S.C. 3559. “Participant” means the Recipient, an entity who submits a proposal for a Covered Transaction, or an entity who enters into a Covered Transaction. “Tax Delinquency” means an unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.
2. Mandatory Check in the System for Award Management. Before entering a Covered Transaction with another entity, a Participant shall check the System for Award Management (the “SAM”) at http://www.sam.gov/ for an entry describing that entity. 469
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3. Mandatory Certifications. Before entering a Covered Transaction with another entity, a Participant shall require that entity to:
(1) Certify whether the entity has a Tax Delinquency; and (2) Certify whether the entity has a Felony Conviction. 4 Prohibition. If
(1) the SAM entry for an entity indicates that the entity has a Tax Delinquency or a Federal Conviction;
(2) an entity provides an affirmative response to either certification in section 3; or (3) an entity’s certification under section 3 was inaccurate when made or became inaccurate after being made
then a Participant shall not enter or continue a Covered Transaction with that entity unless the USDOT has determined in writing that suspension or debarment of that entity are not necessary to protect the interests of the Government.
5. Mandatory Notice to the USDOT.
(a) If the SAM entry for a Participant indicates that the Participant has a Tax Delinquency or a Felony Conviction, the Recipient shall notify the USDOT in writing of that entry. (b) If a Participant provides an affirmative response to either certification in section 1, the Recipient shall notify the USDOT in writing of that affirmative response. (c) If the Recipient knows that a Participant’s certification under section 1 was inaccurate when made or became inaccurate after being made, the Recipient shall notify the USDOT in writing of that inaccuracy.
6. Flow Down. For all Covered Transactions, including all tiers of subcontracts and subawards, the Recipient shall:
(1) require the SAM check in section 2;
(2) require the certifications in section 3;
(3) include the prohibition in section 4; and
(4) require all Participants to notify the Recipient in writing of any information that would require the Recipient to notify the USDOT under section 5. 470
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TERM B.4
RECIPIENT POLICY TO BAN TEXT MESSAGING WHILE DRIVING
(a) Definitions. The following definitions are intended to be consistent with the definitions in DOT Order 3902.10, Text Messaging While Driving (Dec. 30, 2009) and Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving (Oct. 1, 2009). For clarification purposes, they may expand upon the definitions in the executive order.
For the purpose of this Term B.4, “Motor Vehicles” means any vehicle, self-propelled or drawn by mechanical power, designed and operated principally for use on a local, State or Federal roadway, but does not include a military design motor vehicle or any other vehicle excluded under Federal Management Regulation 102-34-15.
For the purpose of this Term B.4, “Driving” means operating a motor vehicle on a roadway, including while temporarily stationary because of traffic congestion, a traffic signal, a stop sign, another traffic control device, or otherwise. It does not include being in your vehicle (with or without the motor running) in a location off the roadway where it is safe and legal to remain stationary.
For the purpose of this Term B.4, “Text messaging” means reading from or entering data into any handheld or other electronic device (including, but not limited to, cell phones, navigational tools, laptop computers, or other electronic devices), including for the purpose of Short Message Service (SMS) texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include the use of a cell phone or other electronic device for the limited purpose of entering a telephone number to make an outgoing call or answer an incoming call, unless this practice is prohibited by State or local law. The term also does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to remain stationary.
For the purpose of this Term B.4, the “Government” includes the United States Government and State, local, and tribal governments at all levels.
(b) Workplace Safety. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving (Oct. 1, 2009) and DOT Order 3902.10, Text Messaging While
Driving (Dec. 30, 2009), the Recipient, subrecipients, contractors, and subcontractors are encouraged to:
(1) adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving— (i) Company-owned or -rented vehicles or Government-owned, leased or rented vehicles; or
(ii) Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government. (2) Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as—
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(i) Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and
(ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
(c) Subawards and Contracts. To the extent permitted by law, the Recipient shall insert the substance of this exhibit, including this paragraph (c), in all subawards, contracts, and subcontracts under this award that exceed the micro-purchase threshold, other than contracts and subcontracts for the acquisition of commercially available off-the-shelf items. 472
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EXHIBIT C
QUARTERLY PROJECT PROGRESS REPORTS AND RECERTIFICATIONS:
FORMAT AND CONTENT
1. Purpose. The purpose of the Quarterly Project Progress Reports and Recertifications under this agreement for the FY 2022 SS4A grant program are to ensure that the project scope, schedule, and budget will be maintained to the maximum extent possible.
2. Format and Content. The Recipient shall produce a quarterly cost, schedule, and status report that contains the sections enumerated in the following list. At the discretion of the USDOT, modifications or additions can be made to produce a quarterly reporting format that will most effectively serve both the Recipient and the USDOT. Some projects will have a more extensive quarterly status than others. For smaller projects, the USDOT may determine that the content of the quarterly reports will be streamlined and project status meetings will be held on a less-frequent basis. The first quarterly progress report should include a detailed description and, where appropriate, drawings of the items funded.
(a) Project Overall Status. This section provides an overall status of the project’s scope, schedule and budget. The Recipient shall note and explain any deviations from the scope of work, the schedule, or the budget that are described in this agreement. (b) Project Significant Activities and Issues. This section provides highlights of key activities, accomplishments, and issues occurring on the project during the previous quarter. Activities and deliverables to be reported on should include meetings, audits and other reviews, design packages submitted, advertisements, awards, construction submittals, construction completion milestones, submittals related to any applicable Recovery Act requirements, media or Congressional inquiries, value engineering/constructability reviews, and other items of significance. (c) Action Items/Outstanding Issues. This section should draw attention to, and track the progress of, highly significant or sensitive issues requiring action and direction in order to resolve. The Recipient should include administrative items and outstanding issues that could have a significant or adverse effect on the project’s scope, schedule, or budget. Status, responsible person(s), and due dates should be included for each action item/outstanding issue. Action items requiring action or direction should be included in the quarterly status meeting agenda. The action items/outstanding issues may be dropped from this section upon full implementation of the remedial action, and upon no further monitoring anticipated.
(d) Project Scope Overview. The purpose of this section is to provide a further update regarding the project scope. If the original scope contained in the grant agreement is still accurate, this section can simply state that the scope is unchanged. (e) Project Schedule. An updated master program schedule reflecting the current status of the program activities should be included in this section. A Gantt (bar) type chart is probably the most appropriate for quarterly reporting purposes, with the ultimate format to be agreed upon between the Recipient and the USDOT. It is imperative that the master program schedule be integrated, i.e., the individual contract milestones tied 473
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to each other, such that any delays occurring in one activity will be reflected throughout the entire program schedule, with a realistic completion date being reported. Narratives, tables, and/or graphs should accompany the updated master program schedule, basically detailing the current schedule status, delays and potential exposures, and recovery efforts. The following information should also be included:
Current overall project completion percentage vs. latest plan percentage. Completion percentages vs. latest plan percentages for major activities such as right-of-way, major or critical design contracts, major or critical construction contracts, and significant force accounts or task orders. A schedule status description should also be included for each of these major or critical elements.
Any delays or potential exposures to milestone and final completion dates.
The delays and exposures should be quantified, and overall schedule impacts assessed. The reasons for the delays and exposures should be explained, and initiatives being analyzed or implemented in order to recover the schedule should be detailed.
(f) Project Cost. An updated cost spreadsheet reflecting the current forecasted cost vs. the latest approved budget vs. the baseline budget should be included in this section.
One way to track project cost is to show: (1) Baseline Budget, (2) Latest Approved Budget, (3) Current Forecasted Cost Estimate, (4) Expenditures or Commitments to Date, and (5) Variance between Current Forecasted Cost and Latest Approved Budget. Line items should include all significant cost centers, such as prior costs, right-of-way, preliminary engineering, environmental mitigation, general engineering consultant, section design contracts, construction administration, utilities, construction packages, force accounts/task orders, wrap-up insurance, construction contingencies, management contingencies, and other contingencies. The line items can be broken-up in enough detail such that specific areas of cost change can be sufficiently tracked and future improvements made to the overall cost estimating methodology. A Program Total line should be included at the bottom of the spreadsheet. Narratives, tables, and/or graphs should accompany the updated cost spreadsheet, basically detailing the current cost status, reasons for cost deviations, impacts of cost overruns, and efforts to mitigate cost overruns. The following information should be provided:
Reasons for each line item deviation from the approved budget, impacts resulting from the deviations, and initiatives being analyzed or implemented in order to recover any cost overruns.
Transfer of costs to and from contingency line items, and reasons supporting the transfers.
Speculative cost changes that potentially may develop in the future, a quantified dollar range for each potential cost change, and the current status of the speculative change. Also, a comparison analysis to the available contingency amounts should be included, showing that reasonable and 474
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sufficient amounts of contingency remain to keep the project within the latest approved budget.
Detailed cost breakdown of the general engineering consultant (GEC) services (if applicable), including such line items as contract amounts, task orders issued (amounts), balance remaining for tasks, and accrued (billable) costs. Federal obligations and/or disbursements for the project, compared to planned obligations and disbursements.
(g) Federal Financial Report (SF-425). The Federal Financial Report (SF-425) is a financial reporting form used throughout the Federal Government Grant system.
Recipients shall complete this form and attach it to each quarterly Project Progress and Monitoring Report. The form is available at
https://www.grants.gov/forms/post-award-reporting-forms.html. (h) Certifications.
i. A certification that the Recipient is in compliance with 2 C.F.R. 200.303 (Internal Controls) and 2 C.F.R. Part 200, Subpart F (Audit Requirements). ii. The certification required under 2 C.F.R. 200.415(a). 475
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EXHIBIT D
FORM FOR SUBSEQUENT OBLIGATION OF FUNDS
The USDOT and [recipient name] entered a grant agreement for the [project name] that was executed by the USDOT on [date of USDOT signature on original agreement] (the “Agreement”).
This instrument obligates [$XXX] for [insert portion of project listed in the Agreement]. [Recipient name] states that:
(1) the Agreement accurately describe the Project’s activities; (2) for each completion date listed in the Agreement, the Recipient’s estimate for that milestone is not more than six months after the date listed in the Agreement; (3) comparing the Project’s current budget with the amounts listed in the Agreement, the “Non-Federal Funds” amount has not decreased and the total eligible project costs amount has not decreased; and
(4) under the terms of article 21 of the General Terms and Conditions, the Recipient is not presently required to request a modification to the Agreement. [Recipient name] acknowledges that USDOT is acting in reliance on the Recipient’s statements above.
Date
By:
Signature of Recipient’s Authorized Representative
[insert name]
Name
[insert title]
Title
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The USDOT has determined that all applicable Federal requirements for obligating these funds are satisfied.
Date
By:
Signature of USDOT’s Authorized Representative
[insert name]
Name
[insert title]
Title
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SEPTEMBER 15, 2022
Prepared for the U.S. Department of Transportation
Office of the Secretary
FY 2022 Safe Streets and Roads for All (SS4A) Program
Implementation Grant Application
Submitted by the City of Wildomar
Assistance Listing #20.939
Sedco Boulevard
ROADWAY SAFETY IMPROVEMENTS PROJECT
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TABLE OF CONTENTS
KEY INFORMATION TABLE IV
OVERVIEW 1
PROJECT LOCATION 1
RESPONSE TO CRITERIA 3
Safety Impacts ....................................................................................................................................................3 Corridor Assessment 3
Safety Impact Assessment 4
Implementation Costs 5
Equity, Engagement, and Collaboration ..................................................................................................5 Community Outreach 5
Environmental Equity Analysis 6
Historically Disadvantaged Communities 7
Effective Practices and Strategies ..............................................................................................................8 Climate Change, Sustainability, and Economic Competitiveness .................................................8 PROJECT READINESS 9
Project Timeline ................................................................................................................................................9 Project Right-of-Way .......................................................................................................................................9 Required Approvals .........................................................................................................................................9 Previous Projects and Cross-Jurisdictional Activities.....................................................................10
LIST OF FIGURES
Figure 1: Project Concept.......................................................................................................................................1 Figure 2: Project Location within City of Wildomar...................................................................................2 Figure 3: Bicycle Project Prioritization ............................................................................................................2 Figure 4: Summary of Responses Received by Location ..........................................................................6 Figure 5: CalEnviroScreen 4.0 Index near Project Location....................................................................7 Figure 6: Project Location and Historically Disadvantaged Communities........................................7
LIST OF TABLES
Table 1: Project Prioritization Score .................................................................................................................3 Table 2: Caltrans Local Roadway Safety Manual Countermeasures....................................................8 480
iii
Table 3: Project Timeline .......................................................................................................................................9
ATTACHMENTS
Attachment 1 – Project Budget
Attachment 2 – List of Prioritized Projects from Wildomar ATP 481
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KEY INFORMATION TABLE
Information item Response
Application Name Sedco Boulevard Roadway Safety Improvements Project Lead Applicant City of Wildomar, California
If Multijurisdictional,
additional eligible
entities jointly
applying N/A
Roadway Safety
Responsibility City of Wildomar, California
Population in
Underserved
Communities 100% (Project Census Tract 464.04)
State(s) in which
activities are located California
Costs by State $2,218,531.02
Funds to
Underserved
Communities $2,218,531.02
Cost total for eligible
activity (A)
supplemental action
plan activities in
support of an
existing Action Plan $0.00
Cost total for eligible
activity (B)
conducting planning,
design, and
development
activities for projects
and strategies
identified in an
Action Plan $135,000.00
Cost total for eligible
activity (C) carrying
out projects and
strategies identified
in an Action Plan $2,638,163.77
Action Plan or
Established Plan
Link
https://cdn5-
hosted.civiclive.com/UserFiles/Servers/Server_9894739/File/Gov ernment/Departments/Public%20Works/Wildomar%20LRSP%20
Report%20(Adopted%209.14.22).pdf
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OVERVIEW
The City of Wildomar is seeking United States Department of Transportation (USDOT) funding through the Safe Streets for All (SS4A) program to support the Sedco Boulevard Roadway Safety Improvements project. This project will improve the safety and connectivity of Wildomar’s roadway network by adding Class II bike lanes, improving sidewalks, and installing three roundabouts along a segment that links between two planned bicycle corridors. The roundabout installations will function as a traffic calming measure to encourage slower speeds and further support multi-modal mobility.
The City of Wildomar, California is located in Riverside County, approximately 40 miles south of the county seat of Riverside. It is a historically rural community with significant opportunities to improve the amenities of its roadway network. The City is committed to improving roadway safety for all users, adopting a citywide Active Transportation Plan in June 2021 and also completing a Mobility Element that places significant emphasis on nonmotorized roadway users, which is expected to be adopted as part of the next General Plan update in 2023.
PROJECT LOCATION
The proposed project will add Class II bike lanes, crosswalks, and roundabouts along a
0.19-mile segment of Sedco Boulevard between Wildomar Trail and Lakeview Terrace. The project site is located in the Sedco Hills neighborhood of the City. The area is mostly rural and residential, with commercial uses nearby.
Figure 1: Project Concept
Figure 2 shows the Project Location in the context of the City of Wildomar. A detailed location map, showing nearby destinations, context within the local road network, and countywide/statewide context is attached as the Project Location Map for this project. 483
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Figure 2: Project Location within City of Wildomar
Source: City of Wildomar Active Transportation Plan
Currently, Sedco Boulevard contains a median along most of its length and sidewalks along the segment between Wildomar Trail and Wildomar Road. However, the sidewalks are in need of improvement to become wider, more accessible, and free of obstruction. The roadway does not have striping or bike lanes. Intersections at Crescent Avenue, Wildomar Road, and Lakeview Terrace have two-way stop controls without marked crosswalks.
Figure 3: Bicycle Project Prioritization
Source: City of Wildomar Active Transportation Plan
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The City of Wildomar Active Transportation Plan (ATP) designates priority corridors for bicycle improvement projects through a scoring system, the results of which are shown in Figure 3. Factors that go into this prioritization are: propensity (trip generators and attractors), collision history, public health (based on CalEnviroScreen scores), disadvantaged communities (based on Caltrans ATP criteria), and City staff input. Based on this criteria, the Sedco Boulevard Roadway Improvements project ranks number one in the City. A more detailed description of each category is found in Table 1 in the Response to Criteria. The total list of potential projects and their prioritization scores is available in Attachment 2.
The project is intended to link between planned bicycle corridors on Wildomar Trail, Wildomar Road, and Lakeview Terrace. All of these corridors run north-south and provide connections to other parts of the City.
RESPONSE TO CRITERIA
SAFETY IMPACTS
Like most cities in Southern California, Wildomar is growing and evolving. With this growth comes changes in travel patterns and behaviors, resulting in additional transportation and recreational needs. The project location currently does not have roadway striping, bike lanes, marked crosswalks, or consistent sidewalk coverage; in its current form, it may not be equipped to handle future demand in a manner conducive to the roadway safety expectations within the City.
Corridor Assessment
The City of Wildomar Active Transportation Plan (ATP) includes a project prioritization process, which seeks to identify which bicycle and pedestrian projects are likely to have the greatest benefit for community members’ safety and comfort while they walk or cycle in Wildomar. Projects are scored in a point-system rubric with categories in propensity (trip generators and attractors, with additional points assessed for school proximity and regional significance), collision history, public health (based on CalEnviroScreen scores), disadvantaged communities (based on Caltrans ATP criteria), and City staff input. The total list of potential projects and their prioritization scores is available in Attachment 2. The total possible points that a project may receive is 21 points; the Sedco Boulevard Bike Lanes & Roundabouts project received 16 points, the highest of any potential bicycle or pedestrian project listed in the ATP.
Table 1: Project Prioritization Score
Criteria Description Score
Propensity Values calculated using a propensity model. An average weighted propensity model score was calculated for each project by intersecting the project extents with the propensity model coverage. For bicycle facility projects:
• Low propensity (70.8 points and below) = 0 points
• Medium-Low propensity (72.0 – 81.2 points) = 1 point
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• Medium-High propensity (82.6 – 102.7 points) = 2 points • Highest propensity (103.4 points and above) = 3 points School Proximity Scoring is based on the number of schools in proximity to each project.
The number of schools located within 1,000 feet of the project or along the corridor were identified.
• No school present = 0 point
• One school present = 2 points
• Two or more schools present = 4 points
0 Regional Significance Assigns a point value of zero or two based on whether or not the project is located along a segment of the Murrieta Creek Trail, regional trail, or connects to an adjacent jurisdiction.
• Project does not have regional significance = 0 points • Project has regional significance = 2 points
2 Collision History This criterion assigns a point value ranging from zero to five, based on bicycle or pedestrian collisions within the last five years along the project extent.
For bicycle facility projects:
• No collisions along proposed project extent = 0 points • 0.63 – 1.47 bicycle collisions per mile = 2 points
• 2.09 bicycle collisions per mile or greater (or fatal collision) = 5 points 5 CalEnviroScreen (CES)
score
CES is based upon a composite index by census tract which seeks to identify places burdened by multiple sources of pollution and vulnerable populations (defined by health risks and socio-economic characteristics) across the state of California.
• Low CES score (30% and below) = 0 points
• Medium CES score (31% - 50%) = 1 point
• High CES score (51% and above) = 2 points
2 Disadvantaged
Communities (DAC)
This criterion assigns a point value of zero or two based on whether or not the project is located within a disadvantaged community as defined by Caltrans’ Active Transportation Program.
• Project is not within an DAC = 0 points
• Project is within an DAC = 2 points
2 Staff Input Score City of Wildomar Staff have unique knowledge of the project area. It is recommended that City staff review the proposed projects and provide insights as to whether or not each project should receive additional points based upon City goals and objectives, or how they align with other programed capital improvement projects and planning documents. • Points based on Staff input = 0 – 3
2 Total 21 possible points 16
Safety Impact Assessment
The proposed project includes Class II bicycle lanes, crosswalks, and roundabouts. The Caltrans Local Roadway Safety Manual version 1.6, dated April 2022, lists Collision Reduction Factors (CRFs) of 35% for bicycle lanes, 25% for crosswalks at uncontrolled 486
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locations, and 12 – 78% for roundabout conversion from a two-way stop. While the proposed roundabouts function as a traffic calming measure to increase bicycle safety, roundabouts also have the benefit of reducing right-angle and left-turn collisions.
Implementation Costs
The total estimated project cost is $2,773,163.77. A fully itemized project budget is available as Attachment 1.
EQUITY, ENGAGEMENT, AND COLLABORATION
Community Outreach
The City of Wildomar has conducted a variety of outreach activities in the process of creating the groundwork for its future transportation network. The Wildomar Local Roadway Safety Plan (LRSP), which functions as the Safe Streets for All (SS4A) Action Plan for the City of Wildomar, incorporates the input from local agencies and from the general public through a community workshop held in April 2022. Some of the topics that generated the most feedback included pedestrian/bicycle concerns and speeding. One participant expressed concern about lines-of-sight; this concern can be alleviated with better designated bicycle space on streets and the implementation of roundabouts. Input from community members was directly influential to the development of the LRSP.
The City of Wildomar Active Transportation Plan (ATP), which establishes the need for this project, incorporates community feedback through outreach activities and a Technical Advisory Committee. Public outreach in support of the Wildomar ATP involved multiple engagement methods, including a webpage, a fact sheet, a questionnaire available electronically online and in print, walk audits, a pop-up event, two virtual workshops, and a Go Human event that provided a full-scale temporary installation of walking and biking improvements for community members to experience.
During outreach, respondents placed stickers on a printed map and electronic pins on the online map to indicate places where they feel most comfortable walking and biking in Wildomar, as well as locations where they feel uncomfortable walking and biking. Figure 4 shows results from the feedback.
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Figure 4: Summary of Responses Received by Location
Source: City of Wildomar Active Transportation Plan
The northwest corner of Wildomar received the most comments, which is in the area of the Sedco Boulevard Roadway Safety Improvements project. The project itself is in an area of moderate response volume, and provides connections to areas with the highest response volume. While this analysis does not reveal the nature of the responses, it indicates that this is an area of high interest and activity.
Environmental Equity Analysis
CalEnviroScreen is a mapping tool that helps identify California communities that are most affected by many sources of pollution. It uses a variety of metrics to produce a composite score that indicates the amount of burden faced by a community due to environmental factors. Wildomar’s census tracts range from the 25th percentile to the 60th percentile. The project location, Sedco Hills, has the highest disadvantaged score percentile of anywhere in the City. This means that CalEnviroScreen indicators more adversely affect Sedco Hills than 60 percent of California’s census tracts. Figure 5 shows the project location with respect to CalEnviroScreen index results.
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Figure 5: CalEnviroScreen 4.0 Index near Project Location Source: California OEHHA
Historically Disadvantaged Communities
The project is located, in its entirety, in a Historically Disadvantaged Community (HDC), as designated by the U.S. Department of Transportation. Figure 6 shows the project location (within Census Tract 464.04) as it lies relative to HDC census tracts, showing that all census tracts in the project area are considered Historically Disadvantaged Communities.
Figure 6: Project Location and Historically Disadvantaged Communities Data source: U.S. Department of Transportation
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EFFECTIVE PRACTICES AND STRATEGIES
This project promotes a Safe System Approach to improving roadway safety in Wildomar.
The countermeasures employed in the project promote two safety elements in the National Roadway Safety Strategy: Safer Roads and Safer Speeds. Bicycle lanes, sidewalk improvements, and crosswalk improvements will make conditions safer for cyclists and pedestrians by increasing their visibility, mitigating the potential for human error.
Roundabouts will serve as a traffic calming measure to slow traffic down to safer speeds.
The Caltrans Local Roadway Safety Manual (LRSM) version 1.6, dated April 2022, establishes a list of roadway safety countermeasures that the State of California considers effective and competitive for funding. The Collision Reduction Factors from the LRSM are shown below.
Table 2: Caltrans Local Roadway Safety Manual Countermeasures LRSM CM # Countermeasure Name Collision Reduction Factor R32PB Install bike lanes LRSM: 35%
FHWA: 0 – 53%
NS20PB Install pedestrian crossing at uncontrolled locations (signs and markings only)
LRSM: 25%
FHWA: 25%
NS05 Convert intersection to roundabout (from 2-way stop or Yield control)
LRSM: Varies
FHWA: 12 – 78%
Source: Caltrans Local Roadway Safety Manual version 1.6 These findings demonstrate the effectiveness of the proposed countermeasures in this project.
The project supports the following actions and activities identified in the U.S. Department of Transportation National Roadway Safety Strategy:
Promote safer speeds in all roadway environments through a combination of thoughtful, context-appropriate roadway design.
Design can help to make roads and streets “self-enforcing,” offering drivers contextual encouragement – via lane width, intersection design, pedestrian and bicyclist infrastructure, and other features – to drive at safer speeds.
CLIMATE CHANGE, SUSTAINABILITY, AND ECONOMIC COMPETITIVENESS The Sedco Boulevard Roadway Safety Improvements project is intended to increase the usage of alternative travel modes. In this manner, it seeks to reduce motor vehicle-related pollution and greenhouse gas emissions. The project will increase the safety of active transportation modes, which are considered lower-carbon travel modes. Measures to decrease traffic speed and increase walkability may support responsible land use by incentivizing compact development.
The project is planned to include landscaping in the medians and centers of roundabouts.
The City is committed to incorporating native plant species and drought-tolerant 490
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landscaping design. Stormwater retention capabilities will be incorporated into this design, such as through the use of bioswales, which will reduce runoff pollution.
The project seeks to increase mobility and expand connectivity by serving as a vital link in the City of Wildomar’s proposed bicycle network, connecting the major north-south corridors of Mission Trail and Lakeview Terrace. By increasing pedestrian and bicycle access to nearby businesses, the project can promote economic growth in the City of Wildomar by directing customers who may otherwise look to larger big-box shopping centers that are further away.
PROJECT READINESS
The City has prepared a project timeline that intends for a construction completion between by April 2026.
PROJECT TIMELINE
The project timeline is shown in Table 3.
Table 3: Project Timeline
Project Activity Duration
Execute SS4A Grant Agreement January 2023 – December 2023 Environmental/Right of Way/Design January 2024 – June 2025 Bid/Award August 2025 – October 2025
Project Construction November 2025 – April 2026
Closeout & Reporting May 2026 – July 2026
PROJECT RIGHT-OF-WAY
The project is intended to take place fully on City of Wildomar right-of-way. The City owns 80 feet of right-of-way width between Mission Trail and Crescent Avenue, and 100 feet of right-of-way width between Crescent Avenue and Lakeview Terrace.
REQUIRED APPROVALS
The project is expected to receive a Notice of Exemption for CEQA requirements and a Categorical Exemption for NEPA requirements.
The project may require a Haul Permit and/or an Encroachment Permit from the City of Lake Elsinore, which shares Mission Trail with the City of Wildomar along a center-line split. The City of Wildomar’s ability to work with the City of Lake Elsinore is demonstrated in the “Previous Projects and Cross-Jurisdictional Activities” section below.
As the project exceeds one acre, it will require a Construction Permit from the California State Water Resources Control Board, but it may qualify for a waiver as the project is under five acres.
Special approvals are not anticipated to be required for tree removal or utility relocation. 491
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PREVIOUS PROJECTS AND CROSS-JURISDICTIONAL ACTIVITIES
In 2019, the City completed Phase 1 of the Mission Trail/Sedco Sidewalk project, a Community Development Block Grant-funded project constructing curb, gutter, sidewalk, bus stops, and driveway approaches on the east side of Mission Trail from Olive Street to Sedco Boulevard. The project was completed on time and under budget. In 2020, the City completed Phase 2 of the Mission Trail/Sedco Sidewalk project, extending the Phase 1 improvements from Sedco Boulevard to Elberta Avenue with Community Development Block Grant funds. The project was also completed on time and under budget. Each phase of the project was coordinated seamlessly with the City of Lake Elsinore, who shares the west side of Mission Trail with the City of Wildomar. The Sedco Boulevard ATP project would tie directly into these recently completed public improvements in the city’s Disadvantaged Community area.
The City of Wildomar currently has a project underway along Palomar Street and Clinton Keith Road that incorporates bioswale drainage, a feature that is strongly considered for this project.
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FUNDING / COOPERATIVE AGREEMENT
Sedco MDP Line C, Stage 1
Project No. 3-0-00143
This Funding / Cooperative Agreement ("Agreement"), dated as of , is entered into by the Riverside County Flood Control and Water Conservation District, a body corporate and politic ("DISTRICT"), and the City of Wildomar, a municipal corporation ("CITY"). DISTRICT and CITY are collectively referred to herein as "Parties" and individually as "Party". The Parties hereto agree as follows:
RECITALS
A. DISTRICT has budgeted for and CITY has plans to design and construct Sedco MDP Line C, Stage 1 ("SEDCO LINE C"). Upon construction completion, SEDCO LINE C will control sediment/debris and reduce street and community flooding in the area; and B. SEDCO LINE C, includes approximately 1,000 LF of underground storm drain that will collect runoff from Sedco Boulevard between Lake Terrace and Mission Trail to convey the 100-year flows, as shown in concept in blue on Exhibit "A", attached hereto and made a part hereof and as shown in DISTRICT's Drawing No. 3-0231. At its downstream terminus, SEDCO LINE C will discharge into a floodplain. At its upstream terminus SEDCO LINE C terminates with a concrete bulkhead for future extension; and C. Associated with the construction of SEDCO LINE C are certain inlets, connector pipes and storm drains that are thirty-six inches or less in diameter within CITY-held rights of way, hereinafter called "APPURTENANCES"; and
D. SEDCO LINE C and APPURTENANCES are hereinafter called "PROJECT"; and
E. CITY is willing to assume the lead role for PROJECT and, therefore, will provide the administrative, technical, managerial and support services necessary to plan, design and construct PROJECT; and
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F. CITY desires that DISTRICT include certain unavoidable utility relocations as part of DISTRICT's financial contribution to construct PROJECT. "UTILITY RELOCATIONS" is defined as the unavoidable relocation of utilities not owned by CITY that (a) conflict with the construction of PROJECT; and (b) cannot be relocated by others under CITY's franchise authority. These certain unavoidable UTILITY RELOCATIONS shall be included in the public works construction contract for PROJECT; and G. Due to the Parties' mutual interest in PROJECT, DISTRICT wishes to support CITY's efforts by providing a financial contribution to implement PROJECT; and H. DISTRICT is willing to provide a financial contribution toward PROJECT in Fiscal Years 2026-2030 and shall be as follows, subject to the not to exceed amount provided in Recital J below and the provisions described in Section III.19; and I. DISTRICT's financial contributions to PROJECT shall be as follows:
i. One hundred percent of design proposal cost to offset costs associated with engineering design, hydrology and hydraulics, geotechnical analysis and potholing required to complete the design of PROJECT; California Environmental Quality Act ("CEQA")
determination; preparation, application and acquisition of the environmental clearance and permits if required for PROJECT; the actual costs associated with regulatory permits and other typical ancillary costs related to the preparation of improvement plans ("DESIGN CONTRIBUTION"). However, DESIGN
CONTRIBUTION shall not include the fees associated with the Western Riverside County Multiple Species Habitat Conservation Plan ("MSHCP"); and
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ii. In the event that CITY chooses to hire an engineering consulting firm to prepare the improvement plans (defined in Section I.4.), DISTRICT is also willing to contribute an additional ten percent of design proposal cost to offset CITY's administrative costs associated with design contract administration ("DESIGN ADMIN"); and
iii. Up to one hundred percent of the actual costs not to exceed appraised value and estimated escrow and closing costs (as determined by DISTRICT) for right of way acquisition and rights of entry for PROJECT ("ROW ACQUISITION COST"); and
iv. Up to one hundred percent of the lowest responsible bid contract price for construction of PROJECT and the costs associated with UTILITY RELOCATIONS ("BID PRICE"); and
v. Up to an additional ten percent of BID PRICE to offset CITY's administrative costs associated with construction, contract administration and other typical ancillary costs related to the delivery of PROJECT ("CONSTRUCTION ADMINISTRATION
CONTRIBUTION"); and
vi. Up to an additional ten percent of BID PRICE for construction contract change orders ("CONSTRUCTION CHANGE ORDERS
CONTRIBUTION"); and
J. Altogether, DESIGN CONTRIBUTION, DESIGN ADMIN, ROW
ACQUISITION COST, BID PRICE, CONSTRUCTION ADMINISTRATION CONTRIBUTION and CONSTRUCTION CHANGE ORDERS CONTRIBUTION are hereinafter called "TOTAL DISTRICT CONTRIBUTION". TOTAL DISTRICT 495
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CONTRIBUTION for PROJECT shall not exceed a total of One Million Four Hundred SeventySix Thousand Eight Hundred Eighty-Three Dollars ($1,476,883); and K. CITY agrees to fund and secure all remaining costs of PROJECT that exceeds TOTAL DISTRICT CONTRIBUTION, as set forth herein; and L. CITY desires DISTRICT to ultimately accept ownership and responsibility for operation and maintenance of SEDCO LINE C. Therefore, DISTRICT must review and approve CITY's plans and specifications for PROJECT and subsequently inspect the construction of PROJECT; and
M. DISTRICT and CITY acknowledge it is in the best interest of the public to proceed with the construction of PROJECT at the earliest possible date; and N. The purpose of this Agreement is to memorialize the mutual understandings by and between CITY and DISTRICT with respect to the design, construction, inspection, ownership, operation and maintenance of PROJECT and the payment of TOTAL DISTRICT CONTRIBUTION.
NOW, THEREFORE, in consideration of the preceding Recitals and the mutual covenants hereinafter contained, the Parties hereto mutually agree that the above Recitals are true and correct and incorporated into the terms of this Agreement and as follows:
SECTION I
CITY shall:
1. Pursuant to the CEQA, act as Lead Agency and assume responsibility for preparation, circulation and adoption of all necessary and appropriate CEQA documents pertaining to the construction, operation and maintenance of PROJECT.
2. Upon execution of this Agreement, issue a first invoice to DISTRICT (Attn:
Special Projects Section) for fifty percent of DESIGN CONTRIBUTION, subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed the total amount of One 496
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Million Four Hundred Seventy-Six Thousand Eight Hundred Eighty-Three Dollars ($1,476,883) for PROJECT.
3. Provide DISTRICT an opportunity to review and approve the PROJECT engineering design cost proposal and associated design schedule. As PROJECT design progresses, CITY shall update said design schedule as requested by DISTRICT.
4. Prepare or cause to be prepared the necessary plans, bid documents and specifications for PROJECT, hereinafter called "IMPROVEMENT PLANS", in accordance with the applicable DISTRICT and CITY standards, and submit to DISTRICT (Attn: Special Projects Section) for its review, comment and approval prior to advertising PROJECT for construction bids. CITY shall not permit any change to, or modification of DISTRICT approved and CITY approved IMPROVEMENT PLANS without DISTRICT's prior written permission and consent.
5. Make reasonable efforts during the preparation of IMPROVEMENT PLANS to avoid utility conflicts associated with UTILITY RELOCATIONS.
6. Keep an accurate accounting of all PROJECT costs associated with the TOTAL DISTRICT CONTRIBUTION as set forth in Recital J and provide this accounting along with future invoices to DISTRICT. The final accounting of construction costs shall include a detailed breakdown of all costs, including, but not limited to, payment vouchers, approved change orders and other such construction contract documents to establish the actual costs associated with PROJECT and will be included when invoicing DISTRICT.
7. Prior to advertising PROJECT for public works construction contract, secure all necessary permits, approvals or agreements required by any federal, state and local resource or regulatory agencies pertaining to the construction, operation and maintenance of PROJECT. Such documents may include, but are not limited to, a Section 404 permit issued by the U.S. Army Corps of Engineers, a Section 401 Water Quality Certification issued by the California Regional Water Quality Control Board ("CRWQCB"), a Streambed Alteration 497
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Agreement issued by the California Department of Fish and Wildlife and a National Pollutant Discharge Elimination System Permit issued by the State Water Resources Control Board or CRWQCB and Western Riverside County Regional Conservation Authority ("REGULATORY PERMITS"). CITY shall also provide DISTRICT an opportunity to review, comment on and approve, as appropriate, all applications for REGULATORY PERMITS prior to submitting the application to the applicable regulatory agencies.
8. Ensure REGULATORY PERMITS, including any subsequent renewal or amendments thereto, will not (i) unreasonably impede DISTRICT's ability to perform all necessary operation and maintenance activities for SEDCO LINE C, as determined by DISTRICT, or (ii) include any stipulations that would result in additional mitigation obligations being placed upon DISTRICT for maintenance operations within PROJECT's right of way.
9. Assume sole responsibility for compliance with the requirements of all REGULATORY PERMITS, including any amendments thereto, pertaining to the construction, operation and maintenance of PROJECT, except to the extent that any non-compliance is caused by DISTRICT or its contractors, agents or employees.
10. Comply with all mitigation measures, including all applicable provisions of CEQA, MSHCP and any CITY established conditions of approval for PROJECT.
11. Be responsible for any and all additional regulatory, mitigation, and/or litigation costs, and/or mitigation measures to PROJECT resulting from this Agreement and/or permits.
12. Following the signing of improvement plans by all Parties, issue a second invoice to DISTRICT (Attn: Special Projects Section) for (i) the remainder of DESIGN CONTRIBUTION and, if applicable, (ii) DESIGN ADMIN. The invoice shall include an accounting of all design costs associated with the preparation of plans and specifications for PROJECT, a copy of the signed improvement plans, including and if applicable, the associated 498
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design contract administration cost. TOTAL DISTRICT CONTRIBUTION shall not exceed the total amount of One Million Four Hundred Seventy-Six Thousand Eight Hundred Eighty-Three Dollars ($1,476,883) for PROJECT.
13. At its sole cost and expense, prepare or cause to be prepared, all rights of way, rights of entry, encroachment permits, acquire all parcels and easements documents, legal and plats, aerial topography and survey control, including any requests for waivers and variances from policies ("RIGHTS OF WAY"), deemed necessary for the construction, operation and maintenance of SEDCO LINE C and submit to DISTRICT (Attn: Real Estate Services) for its review and approval.
14. Prior to advertising PROJECT for public works construction contract, secure at its sole cost and expense, all necessary permits, licenses, agreements, approvals, RIGHTS OF WAY, rights of entry and construction easements, necessary to construct, inspect, operate and maintain PROJECT.
15. Secure all necessary appraisals (not to exceed appraised value and estimated escrow and closing costs as determined by DISTRICT) for rights of way acquisition and rights of entry documents ("ROW ACQUISITION") for PROJECT and provide DISTRICT the opportunity to review and approve ROW ACQUISITION documents prior to CITY's formal offer.
16. At the time of providing IMPROVEMENT PLANS as set forth in Section I.4. and prior to soliciting of bids for the construction of PROJECT pursuant to Section I.15., ensure DISTRICT is provided with duly executed easement(s) to the public for flood control and drainage purposes, including ingress and egress, or grant deed(s) of fee title where appropriate, for the rights of way deemed necessary by DISTRICT for the construction, inspection, operation and maintenance of SEDCO LINE C. The easement(s) or grant deed(s) shall be in a form 499
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approved by DISTRICT and shall be executed by all legal and equitable owners of the property described in the easement(s) or grant deed(s).
17. Prior to advertising PROJECT for public works construction contract, provide DISTRICT an opportunity to make a determination on all REGULATORY PERMITS, RIGHTS OF WAY and ROW ACQUISITION documents. DISTRICT approval of IMPROVEMENT PLANS may be withheld when, in the sole judgment of DISTRICT's General Manager–Chief Engineer, the REGULATORY PERMITS, RIGHTS OF WAY or ROW ACQUISITION documents unreasonably constrain, inhibit or impair DISTRICT's ability to operate and maintain SEDCO LINE C.
18. Upon DISTRICT's review and approval of ROW ACQUISITION, pursuant to Section I.15, issue a third invoice to DISTRICT (Attn: Special Projects Section) for ROW ACQUISITION COST, subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed the total amount of One Million Four Hundred Seventy-Six Thousand Eight Hundred Eighty-Three Dollars ($1,476,883).
19. Prior to awarding a public works construction contract for PROJECT, provide DISTRICT seven calendar days following construction bid opening to review and approve or reject bids for construction of PROJECT. CITY shall follow State law and its Municipal Code related to public works contracts.
20. Advertise, award and administer a public works construction contract for PROJECT of the bids pursuant to the applicable provisions of the California Public Contract Code. At the time of advertising for bids, provide DISTRICT with a copy of IMPROVEMENT PLANS and any subsequent addenda thereto.
21. Provide DISTRICT with written notice (Attn: Special Projects Section) that CITY has awarded a public works construction contract for PROJECT. The written notice shall 500
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include CITY contractor's actual bid amounts for PROJECT, setting forth the lowest responsible bid contract amount.
22. At the time of providing written notice of the award of a construction contract as set forth in Section I.21, issue a fourth invoice to DISTRICT (Attn: Special Projects Section) for the payment of BID PRICE, subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed the total amount of One Million Four Hundred Seventy-Six Thousand Eight Hundred Eighty-Three Dollars ($1,476,883) for PROJECT.
23. Within thirty days of CITY awarding PROJECT construction contract, pay the Western Riverside County Regional Conservation Authority the mitigation fee for PROJECT, per 2004 Implementing Agreement for the Western Riverside County MSHCP.
24. Prior to commencing construction of PROJECT, procure or cause to be procured insurance coverages during the term of this Agreement. CITY shall require its PROJECT construction contractor(s) to furnish original certificate(s) of insurance and original certified copies of endorsements and, if requested, certified original policies of insurance, including all endorsements and any and all other attachments. Prior to CITY issuing a Notice to Proceed to its construction contractor(s) to begin construction of PROJECT, an original Certificate of Insurance evidencing the required insurance coverage shall be provided to DISTRICT. At minimum, the procured insurance coverages should adhere to DISTRICTꞌs required insurance provided in Exhibit "B", attached hereto and made a part hereof.
25. Prior to commencing construction of PROJECT, schedule and conduct a mandatory pre-construction meeting between CITY, CITY's construction manager, CITY's construction contractor(s), DISTRICT and other affected entities. CITY shall notify DISTRICT (Attn: Special Projects Section) in writing at least twenty days prior to conducting the preconstruction meeting. 501
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26. Prior to commencing construction of PROJECT, furnish DISTRICT (Attn:
Special Projects Section) with a set of final mylars of IMPROVEMENT PLANS, including all necessary georeferenced digital files in formats specified by DISTRICT and CITY. All digital files shall comply with DISTRICT's Computer-Aided Design (CAD) requirements and coordinate system specifications. DISTRICT and CITY shall have full rights to use, modify and reproduce the plans for any purpose related to the PROJECT.
27. Furnish DISTRICT, at the time of providing written notice of intent to start construction as set forth in Section I.25, with a construction schedule which shall show the order and dates in which CITY or CITY's contractor proposes to carry on the various parts of work, including estimated start and completion dates.
28. Not permit any change to, or modification of, DISTRICT and CITY approved IMPROVEMENT PLANS that would result in a change of functionality or maintainability of PROJECT without DISTRICT's prior written permission and consent. Failure to do so shall be deemed a material breach of this Agreement and shall authorize and constitute authority for DISTRICT, at its sole discretion, to provide written notice to CITY that DISTRICT is unable to: a) perform its obligations hereunder, and b) to accept responsibility for ownership, operation and maintenance of SEDCO LINE C due, either in whole or in part, to said breach of this Agreement.
29. Construct or cause to be constructed PROJECT pursuant to a CITY administered public works contract in accordance with IMPROVEMENT PLANS approved by DISTRICT and CITY.
30. Require its construction contractor(s) to comply with all Cal/OSHA safety regulations, including regulations concerning confined space and maintain a safe working environment for all CITY and DISTRICT employees on the site. 502
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31. Relocate or cause to be relocated, at its sole cost and expense, all conflicting CITY owned utilities. CITY shall also order the relocation of all other utilities installed by permit or franchise within CITY rights of way which conflict with the construction of PROJECT.
32. Require its construction contractor(s) to furnish DISTRICT (Attn: Contract Management Section) with a confined space procedure specific to PROJECT. The procedure shall comply with requirements contained in California Code of Regulations, Title 8, Section 5158, Other Confined Space Operations, Section 5157, Permit Required Confined Space and District Confined Space Procedures, SOM-18. The procedure shall be provided to DISTRICT no less than twenty days prior to requesting that DISTRICT perform a final inspection for acceptance of PROJECT. The procedure shall be reviewed and approved by DISTRICT prior to conducting the final inspection.
33. Inspect PROJECT construction or cause PROJECTꞌs construction to be inspected by its construction manager and pay all costs associated therewith. In the event CITY wishes to utilize DISTRICTꞌs construction inspection, materials testing and construction survey services, CITY shall provide DISTRICT with a written request (Attn: Special Projects Section) for such services. However, CITY will continue to serve as construction contract manager.
34. Perform all survey and construction staking work as needed for PROJECT as specified herein.
35. Furnish, or cause its construction manager to furnish, all construction survey and materials testing services necessary to ensure PROJECT construction is accomplished in accordance with DISTRICT and CITY approved IMPROVEMENT PLANS.
36. Grant DISTRICT, by execution of this Agreement, the right to enter upon property owned or controlled by CITY where necessary and convenient for the purpose of gaining access to, and performing inspection service for, the construction of PROJECT. 503
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37. Within two weeks of completing PROJECT construction, provide DISTRICT with written notice (Attn: Construction Management Section) that PROJECT construction is substantially complete and request that DISTRICT conduct a final inspection of SEDCO LINE C.
38. Upon completion of PROJECT construction, provide DISTRICT with a copy of CITY's Recorded Notice of Completion. The recorded Notice of Completion shall be accompanied by the final accounting of all PROJECT construction costs as set forth in Section I.6. The final accounting of construction costs shall include, but not limited to, payment vouchers, approved change orders and other such construction contract documents as may be necessary to establish the actual cost of construction for DISTRICT and CITY approved IMPROVEMENT PLANS.
39. Upon completion of PROJECT construction, accept ownership and sole responsibility for the operation and maintenance of APPURTENANCES upon (i) CITY inspection of PROJECT in accordance with Section I.33., (ii) CITY acceptance of PROJECT construction as being complete, (iii) DISTRICT acceptance of SEDCO LINE C construction as being complete and (iv) CITY receipt of stamped and signed record drawings of SEDCO LINE C plans as set forth in Section II.18.
40. Following CITY's acceptance of SEDCO LINE C for ownership, operation and maintenance and prior to DISTRICT's acceptance of ownership and responsibility for the operation and maintenance of SEDCO LINE C pursuant to Section II.16., SEDCO LINE C shall be in a satisfactorily maintained condition as solely determined by DISTRICT. If, subsequent to the inspection and, in the sole discretion of DISTRICT, SEDCO LINE C is not in an acceptable condition, corrections shall be made at CITY's sole expense.
41. At the time of providing a Notice of Completion as set forth in Section I.38., and if applicable, issue a fifth invoice to DISTRICT (Attn: Special Projects Section) for 504
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CONSTRUCTION ADMINISTRATION CONTRIBUTION and CONSTRUCTION CHANGE ORDERS CONTRIBUTION, subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed One Million Four Hundred Seventy-Six Thousand Eight Hundred Eighty-Three Dollars ($1,476,883) for PROJECT.
42. Upon completion of PROJECT construction but prior to DISTRICT's acceptance of SEDCO LINE C for ownership, operation and maintenance, provide DISTRICT (Attn: Construction Management Section) with (i) soil compaction report(s) – stamped and wet signed by the geotechnical engineer and (ii) concrete testing report(s) – stamped and wet signed by a civil engineer registered in the State of California necessary to establish that SEDCO LINE C was constructed in accordance with DISTRICT-approved and CITY-approved IMPROVEMENT PLANS.
43. Upon completion of PROJECT construction, but prior to DISTRICT acceptance of SEDCO LINE C for ownership, operation and maintenance, CITY shall convey or cause to be conveyed to DISTRICT the flood control easement(s) or grant deed(s) of fee title, where appropriate, as deemed necessary by DISTRICT for the operation and maintenance of SEDCO LINE C. The easement(s) or grant deed(s) shall be in a form approved by DISTRICT and shall be executed by all legal and equitable owners of the property(ies) described in the easement(s) or grant deed(s).
44. At the time of recordation of the conveyance document(s) as set forth in Section I.16., furnish DISTRICT with policies of title insurance, each in the amount of not less than (i) fifty percent of the estimated fee value, as determined by DISTRICT, for each easement parcel to be conveyed to DISTRICT or (ii) one hundred percent of the estimated fee value, as determined by DISTRICT for each fee parcel to be conveyed to DISTRICT, guaranteeing DISTRICT's interest in said property as being free and clear of all liens, encumbrances, 505
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assessments, easements, taxes and leases (recorded or unrecorded), except those which, in the sole discretion of DISTRICT, are deemed acceptable.
45. Upon completion of PROJECT construction but prior to DISTRICT's acceptance of SEDCO LINE C and CITY's acceptance of APPURTENANCES for ownership, operation and maintenance pursuant to Section I.42., provide or cause its civil engineer of record or construction civil engineer of record, duly registered in the State of California, to provide DISTRICT and CITY with redlined "record drawings" of IMPROVEMENT PLANS. After DISTRICT approval of the redlined "record drawings", CITY's engineer shall utilize Bluebeam Studio to transfer the redlined changes onto the electronic version of the IMPROVEMENT PLANS. Once the updates have been incorporated, the engineer shall review, stamp and sign the electronic IMPROVEMENT PLANS as "record drawings".
46. Upon DISTRICT acceptance of PROJECT construction as being complete, accept sole responsibility for the adjustment of all PROJECT manhole rings and covers located within CITY rights of way which must be performed at such time(s) that the finished grade along and above the underground portions of PROJECT are improved, repaired, replaced or changed.
It being further understood and agreed that any such adjustments shall be performed at no cost to DISTRICT.
47. Refund to DISTRICT, at the time of providing a Notice of Completion as set forth in Section I.41., any unexpected portions of TOTAL DISTRICT CONTRIBUTION.
SECTION II
DISTRICT shall:
1. Act as a Responsible Agency under CEQA, taking all necessary and appropriate action to comply with CEQA for PROJECT.
2. Within thirty business days of receiving CITY's first invoice to DISTRICT, pay CITY for fifty percent of DESIGN CONTRIBUTION as set forth in Section I.2., subject to 506
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and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed the total amount of One Million Four Hundred Seventy-Six Thousand Eight Hundred Eighty-Three Dollars ($1,476,883) for PROJECT.
3. At its sole cost and expense, review, comment and make a determination on CITY's PROJECT engineering design cost proposal and associated design schedule as set forth in Section I.3.
4. Review IMPROVEMENT PLANS in accordance with the applicable DISTRICT and CITY standards and approve IMPROVEMENT PLANS prior to advertising PROJECT for construction bids as set forth in Section I.4.
5. At its sole cost and expense, review, comment and make a determination, as appropriate, on all applications for REGULATORY PERMITS prior to CITY submitting the applications to the applicable regulatory agencies as set forth in Section I.7. DISTRICT may withhold approval of IMPROVEMENT PLANS when, in the sole judgment of DISTRICT's General Manager–Chief Engineer, REGULATORY PERMITS unreasonably constrains, inhibits or impairs DISTRICT's ability to operate and maintain SEDCO LINE C.
6. Within thirty business days of receiving CITY's second invoice to DISTRICT, pay CITY for the remaining fifty percent of DESIGN CONTRIBUTION following the signing of IMPROVEMENT PLANS as set forth in Section I.12., subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed the total amount of One Million Four Hundred Seventy-Six Thousand Eight Hundred Eighty-Three Dollars ($1,476,883) for PROJECT.
7. At its sole cost and expense, review, comment and approve, as appropriate, all RIGHTS OF WAY and ROW ACQUISITION necessary for the construction, operation and maintenance of PROJECT pursuant to Sections I.13. and I.15 507
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8. Record, or cause to be recorded, the easement(s) or grant deed(s) provided by CITY pursuant to Section I.43.
9. Within thirty business days of receiving CITY's third invoice to DISTRICT, pay CITY for ROW ACQUISITION COST as set forth in Section I.18., subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed the total amount of One Million Four Hundred Seventy-Six Thousand Eight Hundred Eighty-Three Dollars ($1,476,883)for PROJECT.
10. Within seven calendar days following CITY's public works construction bid opening, review and approve or reject bids for construction of PROJECT. DISTRICT may only reject bids found by DISTRICT to be unreasonably high. DISTRICT shall not unreasonably withhold approval of contract.
11. Within thirty business days of receiving CITY's fourth invoice to DISTRICT, pay CITY for BID PRICE as set forth in Section I.22., subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed the total amount of One Million Four Hundred Seventy-Six Thousand Eight Hundred Eighty-Three Dollars ($1,476,883) for PROJECT.
12. Conduct periodic inspections of SEDCO LINE C construction for quality control purposes at its sole cost and provide any comments to CITY's designated PROJECT construction inspector.
13. In the event CITY wishes to utilize DISTRICTꞌs construction inspection, materials testing and construction survey services and CITY provides DISTRICT with a written request for such services, DISTRICT shall provide a timely response whether or not they have the resources to perform such services. If DISTRICT wishes to provide such services, DISTRICT shall provide all necessary construction inspection, materials testing and construction survey services for PROJECT and assist CITY as needed with the administration of PROJECT's 508
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construction contract. DISTRICT hereby agrees to pay all DISTRICT costs associated with the inspection of PROJECT construction, as set forth herein.
14. Upon receipt of CITY's Notice of Completion that PROJECT construction is substantially complete, conduct a final inspection of SEDCO LINE C.
15. Pay CITY, within thirty business days after receipt of CITY's fifth invoice, for CONSTRUCTION ADMINISTRATION CONTRIBUTION and if applicable, CONSTRUCTION CHANGE ORDERS CONTRIBUTION, as set forth in Section I.41., subject to and provided that TOTAL DISTRICT CONTRIBUTION does not exceed a total sum of One Million Four Hundred Seventy-Six Thousand Eight Hundred Eighty-Three Dollars ($1,476,883) for PROJECT.
16. Prior to DISTRICT acceptance of ownership and responsibility for the operation and maintenance of SEDCO LINE C, SEDCO LINE C shall be in a satisfactorily maintained condition as solely determined by DISTRICT. If, subsequent to the inspection and, in the sole discretion of DISTRICT, SEDCO LINE C is not in an acceptable condition, corrections shall be made at sole expense of CITY.
17. Accept ownership and responsibility for the operation and maintenance of SEDCO LINE C from CITY once all of the following takes place (i) DISTRICT's inspection of SEDCO LINE C in accordance with Section II.12., (ii) DISTRICT's acceptance of SEDCO LINE C construction as being complete, (iii) DISTRICT's receipt of CITY's recorded Notice of Completion as set forth in Section I.38., (iv) DISTRICT's receipt of appropriate engineering documentation as set forth in Section I.42., (v) DISTRICT's acceptance of all necessary rights of way, easements or grant deeds as set forth in Section I.43. and (vi) DISTRICT's receipt of policies of title insurance for the rights of way, easements or grant deeds as set forth in Section I.44.
18. Provide CITY with a reproducible duplicate copy of "record drawings" of IMPROVEMENT PLANS upon (i) DISTRICT acceptance of PROJECT construction as being 509
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complete and (ii) DISTRICT receipt of stamped and signed "record drawings" of IMPROVEMENT PLANS as set forth in Section I.45.
SECTION III
It is further mutually agreed:
1. All Recitals set forth above are hereby incorporated herein by reference as if set forth fully in the body of this Agreement.
2. Notwithstanding any other provision herein this Agreement TOTAL DISTRICT CONTRIBUTION shall not exceed a total sum of One Million Four Hundred Seventy-Six Thousand Eight Hundred Eighty-Three Dollars ($1,476,883) for PROJECT and shall be used by CITY solely for the purpose of the design and construction of said PROJECT as set forth herein. No additional funding whatsoever shall be provided by DISTRICT for any subsequent PROJECT modifications, extensions or repairs.
3. In the event the actual construction cost for PROJECT is less than BID PRICE, CITY shall refund the difference to DISTRICT within thirty days of filing the Notice of Completion for PROJECT.
4. In the event CITY's construction contractor does not complete the construction of PROJECT in accordance with DISTRICT standards, CITY shall complete the PROJECT utilizing the bonds and insurances secured for PROJECT.
5. DISTRICT, the County of Riverside, the State of California or any of their duly authorized representatives shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. CITY agrees to maintain such records for possible audit for a minimum of three years after final payment. CITY agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records.
6. CITY shall indemnify, defend and hold harmless, and require its 510
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construction contractor(s) to indemnify, defend and hold harmless, the Riverside County Flood Control and Water Conservation District, County of Riverside, its agencies, districts, special districts and departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives (individually and collectively hereinafter referred to as "Indemnitees") from any liability whatsoever, based or asserted upon any acts, omissions or services of CITY or CITY's construction contractor(s), its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including, but not limited to, property damage, bodily injury or death, or any other element of any kind or nature whatsoever arising from the performance of CITY or CITY's construction contractor(s), their officers, employees, subcontractors, agents or representatives ("Indemnitors") from this Agreement. CITY or CITY's construction contractor(s) shall defend, at its sole expense, all costs and fees, including, but not limited to, attorney fees, cost of investigation, defense, and settlements or awards, the Indemnitees in any claim or action based upon such alleged acts or omissions.
7. With respect to any action or claim subject to indemnification herein by CITY, CITY shall, at their sole cost, have the right to use counsel of their own choice and shall have the right to adjust, settle or compromise any such action or claim without the prior consent of DISTRICT and the County of Riverside; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CITY's indemnification to Indemnitees as set forth herein.
8. CITY's obligation hereunder shall be satisfied when CITY has provided to DISTRICT and the County of Riverside the appropriate form of dismissal relieving DISTRICT and the County of Riverside from any liability for the action or claim involved. 511
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9. The specified insurance limits required in this Agreement shall in no way limit or circumscribe CITY's obligations to indemnify and hold harmless the Indemnitees herein from third party claims.
10. In the event there is conflict between this clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code Section 2782. Such interpretation shall not relieve CITY from indemnifying the Indemnitees to the fullest extent allowed by law.
11. DISTRICT shall indemnify, defend, save and hold harmless CITY (including its officers, elected and appointed officials, employees, agents, representatives, independent contractors and subcontractors) from any liabilities, claim, damage, proceeding or action, present or future, based upon, arising out of or in any way relating to DISTRICT's (including its officers, Board of Supervisors, elected and appointed officials, employees, agents, representatives, independent contractors and subcontractors) acts or omissions related to this Agreement, performance under this Agreement, or failure to comply with the requirements of this Agreement, to the extent arising out of such DISTRICT acts or omissions.
12. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
13. This Agreement is to be construed in accordance with the laws of the State of California.
14. Any action at law or in equity brought by any of the Parties hereto for the purpose of enforcing a right or rights provided for by the Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California and the Parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county. 512
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15. Neither CITY nor DISTRICT shall assign this Agreement without the written consent of the other Party. Any attempt to delegate or assign any interest herein shall be deemed void and of no effect.
16. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action based upon the provisions of this Agreement.
17. Any and all notices sent or required to be sent to the Parties of this Agreement will be mailed by first class mail, postage prepaid, to the following addresses:
RIVERSIDE COUNTY FLOOD CONTROL CITY OF WILDOMAR
AND WATER CONSERVATION DISTRICT 23873 Clinton Keith Road 1995 Market Street Suite 110
Riverside, CA 92501 Wildomar, CA 92595
Attn: Contracts Services Section Attn: Director of Public Works
18. This Agreement is the result of negotiations between the Parties hereto and the advice and assistance of their respective counsel. The fact that this Agreement was prepared as a matter of convenience by DISTRICT shall have no import or significance. Any uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT prepared this Agreement in its final form.
19. Any waiver by DISTRICT or CITY of any breach by any other Party of any provision of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any other provision hereof. Failure on the part of DISTRICT or CITY to require from any other Party exact, full and complete compliance with any of the provisions of this Agreement shall not be construed as in any manner changing the terms hereof or stopping DISTRICT or CITY from enforcing this Agreement.
20. The obligations of DISTRICT are limited by and contingent upon the availability of DISTRICT funds for DISTRICT's financial contribution toward PROJECT as set forth herein. In the event that such funds are not forth coming for any reason, DISTRICT shall 513
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immediately notify CITY in writing. Agreement shall be deemed terminated and have no further force and effect immediately upon receipt of DISTRICT's notification by CITY.
21. This Agreement is intended by the Parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. This Agreement may be changed or modified only upon the written consent of the Parties hereto.
22. No alternation or variation of the terms of this Agreement shall be valid unless made in writing and signed by both Parties, and no oral understanding or agreement not incorporated herein shall be binding on either Party hereto.
23. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this.
24. DISTRICT approvals under this Agreement will not be unreasonably withheld, conditioned or delayed.
25. Neither Party shall be deemed in default for delays caused by events beyond its reasonable control, including acts of God, extreme weather, pandemics, utility delays, or delays caused by third-party permitting agencies. Schedules shall be reasonably adjusted to reflect such delays.
26. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Each Party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ("CUETA") Cal. Civ. Code §§ 1633.1 to 1633.17) for executing this Agreement. The Parties further agree that the electronic signatures of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic 514
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signature means an electronic sound, symbol or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to CUETA as amended from time to time. CUETA authorizes use of an electronic signature for transactions and contracts among Parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the Party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the Parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.
//
//
515
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on .
(to be filled in by Clerk of the Board)
RECOMMENDED FOR APPROVAL:
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
By
JASON E. UHLEY
General Manager-Chief Engineer
By
KAREN SPIEGEL, Chair
Riverside County Flood Control and Water
Conservation District Board of Supervisors
APPROVED AS TO FORM: ATTEST:
MINH H. TRAN
County Counsel
KIMBERLY RECTOR
Clerk of the Board
By
KRISTINE BELL-VALDEZ
Supervising Deputy County Counsel
By
Deputy
(SEAL)
Funding/Cooperative Agreement with City of Wildomar
Sedco MDP Line C, Stage 1
Project No. 3-0-00143
02/09/26
AMR:MER:blj
516
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RECOMMENDED FOR APPROVAL: CITY OF WILDOMAR
By _________________________________
CHRIS MANN
City Manager
By
ASHLEE DEPHILLIPO
City Mayor
APPROVED AS TO FORM: ATTEST:
By
THOMAS D. JEX
City Attorney
By
JANET MORALES, CMC
City Clerk
(SEAL)
Funding/Cooperative Agreement with City of Wildomar
Sedco MDP Line C, Stage 1
Project No. 3-0-00143
02/09/26
AMR:MER:blj
JANET MORALES GARCIA, CMC CARLOS MARQUEZ 517
CITY OF LAKE ELSINORE CITY OF WILDOMAR
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Exhibit A 518
EXHIBIT B
INSURANCE REQUIREMENTS ׀ Page 1 of 4
DISTRICT's Insurance Requirements is as follows:
CITY's contractor(s) shall not commence operations until DISTRICT has been furnished with original certificate(s) of insurance and original certified copies of endorsements and if requested, certified original policies of insurance including all endorsements and any and all other attachments as required in this Section.
Without limiting or diminishing CITY's contractor(s) obligation to indemnify or hold DISTRICT harmless, CITY contractor(s) shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage's during the term of this Agreement. As respects to the insurance section only, the DISTRICT herein refers to the Riverside County Flood Control and Water Conservation District, the County of Riverside, its Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insureds.
A. Workers' Compensation:
If CITY contractor(s) has employees as defined by the State of California, CITY contractor(s) shall maintain statutory Workers' Compensation Insurance(Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers' Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. Policy shall be endorsed to waive subrogation in favor of DISTRICT.
B. Commercial General Liability:
Commercial General Liability insurance coverage, including but not limited to, premises liability, unmodified contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of CITY's contractor(s) performance of its obligations hereunder. Policy shall name the DISTRICT as Additional Insured. Policy's limit of liability shall not be less than $2,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit.
C. Vehicle Liability:
If CITY's contractor(s) vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then CITY contractor(s) shall maintain liability insurance for all owned, non-owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. Policy shall name the DISTRICT as Additional Insureds.
519
EXHIBIT B
INSURANCE REQUIREMENTS ׀ Page 2 of 4
D. Pollution and Asbestos Liability:
CITYꞌs contractor(s) shall obtain, at its sole expense and keep in effect during the term of the contract, Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) covering CITYꞌs contractor(s) liability for a third-party bodily injury and property damage arising from pollution conditions caused by the CITYꞌs contractor(s) while performing their operations under the contract. The insurance coverage shall apply to sudden and accidental pollution events. Any coverage restriction as to time limit for discovery of a pollution incident and/or a time limit for notice to the insurer must be accepted by the DISTRICT. The insurance coverage shall also respond to cleanup cost. This coverage may be written in combination with the commercial general liability insurance or professional liability insurance.
CITYꞌs contractor(s) shall maintain Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. The policy shall be endorsed to state that the general aggregate limit of liability shall apply separately to this contract. Any self-insured retention/deductible amount shall be submitted to the DISTRICT for review and approval. If CITYꞌs contractor(s) maintains broader coverage and/or higher limits than the minimums shown above, the DISTRICT requires and shall be entitled to the broader coverage and/or higher limits maintained by CITYꞌs contractor(s). Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the DISTRICT.
In the event, CITYꞌs contractor(s) encounters materials on the site that is believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, CITYꞌs contractor(s) shall immediately stop work in the area affected and report the condition to the DISTRICT in writing. The work in the affected area shall not thereafter be resumed except by written agreement of the DISTRICT and CITY, if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The work in the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the DISTRICT and CITY.
CITYꞌs construction contractor(s) shall not be required to perform without consent any work relating to asbestos or polychlorinated biphenyl (PCB).
E. Professional Liability:
CITY contractor(s) shall cause any architect or engineer retained by CITY contractor(s) in connection with the performance of CITY's contractor(s) obligations under this Agreement to maintain Professional Liability Insurance providing coverage for the performance of their work included within this Agreement, with a limit of liability of not less than $1,000,000 per occurrence and 520
EXHIBIT B
INSURANCE REQUIREMENTS ׀ Page 3 of 4
$2,000,000 annual aggregate. CITY contractor(s) shall require that, if such Professional Liability Insurance is written on a claims made basis rather than an occurrence basis, such insurance shall continue through the term of this Agreement and that such architect or engineer shall purchase at such architect or engineer's sole expense either 1) an Extended Reporting Endorsement (also known as Tail Coverage); or 2)Prior Dates Coverage from a new insurer with a retroactive date back to the date of, or prior to, the inception of this Agreement; or 3) demonstrate through Certificates of Insurance that such architect or engineer has maintained continuous coverage with the same or original insurer. Coverage provided under items: 1), 2) or 3) shall continue for the term specified in the insurance policy as long as the law allows.
F. General Insurance Provisions – All Lines:
a. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A.M. BEST rating of not less than an A: VIII (A: 8) unless such requirements are waived, in writing, by the DISTRICT Risk Manager. If the DISTRICTꞌs Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term.
b. The CITY contractor(s) must declare its insurance self-insured retention for each coverage required herein. If any such self-insured retention exceeds $500,000 per occurrence each such retention shall have the prior written consent of the DISTRICT Risk Manager before the commencement of operations under this Agreement. Upon notification of self-insured retention deemed unacceptable to the DISTRICT, and at the election of the DISTRICTꞌs Risk Manager, CITY's contractor(s) carriers shall either: 1) reduce or eliminate such self-insured retention with respect to this Agreement with DISTRICT, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. c. CITY contractor(s) shall cause their insurance carrier(s) to furnish DISTRICT with 1) a properly executed original certificate(s) of insurance and certified original copies of endorsements effecting coverage as required herein; and 2) if requested to do so orally or in writing by the DISTRICT Risk Manager, provide original certified copies of policies including all endorsements and all attachments thereto, showing such insurance is in full force and effect.
Further, said certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that a minimum of thirty (30) days written notice shall be given to the DISTRICT prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. If CITY contractor(s) insurance carrier(s) policies does not meet the minimum notice requirement found herein, CITY contractor(s) shall cause CITY's contractor(s) insurance carrier(s) to furnish a 30-day Notice of Cancellation Endorsement. 521
EXHIBIT B
INSURANCE REQUIREMENTS ׀ Page 4 of 4
d. In the event of a material modification, cancellation, expiration or reduction in coverage, this Agreement shall terminate forthwith, unless DISTRICT receives, prior to such effective date, another properly executed original certificate of insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto, evidencing coverages set forth herein and the insurance required herein is in full force and effect. An individual authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the certificate of insurance. e. It is understood and agreed by the parties hereto that CITY's contractor(s)insurance shall be construed as primary insurance, and DISTRICT's insurance and/or deductibles and/or self-insured retentions or selfinsured programs shall not be construed as contributory. f. If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services or there is a material change in the equipment to be used in the performance of the scope of work which will add additional exposures (such as the use of aircraft, watercraft, cranes, etc.); or the term of this Agreement, including any extensions thereof, exceeds five (5) years, DISTRICT reserves the right to adjust the types of insurance required under this Agreement and the monetary limits of liability for the insurance coverages currently required herein, if, in the DISTRICT Risk Manager's reasonable judgment, the amount or type of insurance carried by CITY contractor(s) has become inadequate.
g. CITY contractor(s)shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement. h. The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance acceptable to DISTRICT.
i. CITY contractor(s)agrees to notify DISTRICT of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.
522
CITY OF WILDOMAR
CITY COUNCIL REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.14
Meeting Date: May 13, 2026
SUBJECT: Acceptance of Public Improvements of Plot Plan No. 13-0089 - Villa Siena Apartment Project
SUBMITTED BY: Jason Farag, Public Works Director/City Engineer PREPARED BY: Carlos Geronimo, Principal Engineer
ACTION:
Adopt a Resolution entitled:
RESOLUTION NO. 2026 - ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PLOT PLAN NO. 13-0089 AND
AUTHORIZING THE CITY ENGINEER TO PREPARE AND FILE THE NOTICE OF
COMPLETION WITH THE RIVERSIDE COUNTY RECORDER
SUMMARY:
Villa Siena Properties, LLC, has completed public improvements for Plot Plan No.13-0089, known as the Villa Siena Apartments, located on Prielipp Road between Elizabeth Lane and Jana Lane (APN 380-290-029). The City is now ready to accept the improvements into the maintained road system and release the bonds associated with the Public Improvement Agreements.
BACKGROUND:
Plot Plan No.13-0089 (Villa Siena, Attachment A and Attachment B) is a residential apartment complex development located on Prielipp Road between Elizabeth Lane and Jana Lane. the development is known as Villa Siena (Project). The Project was approved by the City of Wildomar on November 12, 2015. As part of the conditions of development for the project, the developer, Villa Siena Properties, LLC (Developer), was required to construct certain public improvements. These improvements included improvements to Prielipp Road, Elizabeth Lane, and Jana Lane along the Project boundaries. A Public Improvement Agreement for the Project between the City of Wildomar and the Developer was executed and recorded on February 28, 2022. The Public Improvement Agreement identifies the Developer’s obligations to complete the public improvements and provides the City with bonds for the public improvements.
DISCUSSION:
The Developer has completed the required public improvements and the City’s Public Works/Engineering Department has completed the inspections of the public improvements.
Staff is recommending that the improvements be accepted at this time and that a Notice of Completion (Attachment C) be filed. Upon acceptance, the improvements will become part of the City’s maintained assets. The improvements will automatically enter into a one-year warranty period as required by the Public Improvement Agreement. In addition, upon 523
acceptance of the Public Improvements the City of Wildomar will release the improvement securities related to this project in accordance with the Public Improvement Agreements as follows:
Security Type Time of Release Percentage
Faithful Performance
Security
After Council acceptance. City will
hold 10% for one year as warranty
and release the 10% after the
warranty period expires and any
warranty issues are resolved.
90% now
10% after one-year
warranty
Labor and Material
(Payment) Security
180 days after Council acceptance,
provided no claims have been filed.
100%
Monument Security After Council acceptance. 100%
ACCOUNT CODE:
CFD 2022-1, Zone 1
FISCAL IMPACT:
The City will be responsible to maintain the public improvements built by the Developer. Costs associated with maintenance may be paid from a combination of fund sources including the Highway User Tax (HUTA Gas Tax), Measure A, Measure AA, and Community Facilities District 2022-1 (Services).
ATTACHMENTS:
Resolution
A - Location Map
B - CFD Maintenance Exhibit
C - Notice of Completion
524
RESOLUTION NO. 2026 - _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WILDOMAR, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR PLOT PLAN NO. 13-0089 AND
AUTHORIZING THE CITY ENGINEER TO PREPARE AND FILE
THE NOTICE OF COMPLETION WITH THE RIVERSIDE COUNTY
RECORDER
WHEREAS, Villa Siena Properties, LLC. proposed development of Plot Plan No. 13-0089 which included, in part, the construction of public improvements; and
WHEREAS, on November 12, 2015, the City of Wildomar approved Plot Plan No. 13-0089; and
WHEREAS, on February 28, 2022, the City of Wildomar executed the Public Improvement Agreement for Plot Plan No. 13-0089; and WHEREAS, Villa Siena Properties, LLC. provided a Faithful Performance Security and Materials Security, and a Warranty Security (part of the Faithful Performance Security) in accordance with the Public Improvement Agreement; and
WHEREAS, Villa Siena Properties, LLC. has completed the public improvements in Prielipp Road, Elizabeth Lane, and Jana Lane right-of-way and in accordance with City Standards and the City is ready to accept the improvements for maintenance;
NOW THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED
by the Wildomar City Council, in regular session assembled on May 13, 2026, the following:
1. The City Council accepts the completed required public improvements and as part of the City maintained road system, subject to the conditions of the Public Improvement Agreement for Plot Plan No. 13-0089; and
2. The City Engineer is authorized to prepare a Notice of Completion, and the City Clerk is authorized to file a Notice of Completion with the Riverside County Recorder.
525
3. The City Engineer is authorized to release the securities identified in the Public Improvement Agreement.
PASSED, APPROVED, AND ADOPTED this 13th day of May, 2026. __________________________
Carlos Marquez
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________ _________________________
Thomas D. Jex Janet Morales Garcia, CMC
City Attorney City Clerk
526
ATTACHMENT A
Site Location Map for Villa Siena (Plot Plan No. 13-0089) Villa Siena
Plot Plan No. 13-0089
527
8''W 8''W 8''W 8''W 8''W S S S S 8''W 8''W
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12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W S S S S S S 8''W 8''W 8''W 8''W 8''W S S S S S S S S S S S S S S S S S S S S S S S 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W S S S S S S S S S S S S S S S S S S S S S S S S 8''W 8''W 8''W S S S S S S S 8''W 8''W 8''W 8''W 8''W 8''W S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S 8''W 8''W 8''W 8''W 8''W
8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W S S S S S S 8''W 8''W 8''W 8''W 8''W 8''W S S S S S SSSS S S S S S S S S S 8''W 8''W 8''W 8''W 8''W S S S S S 8''W 8''W 8''W 8''W 8''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W 12''W S S 8''W Spa POOL HC LIFT G G G G 36" 0,92M 48" 1,22M G G ADA UNIT ADA UNIT ADA UNIT ADA UNIT ADA UNIT ADA UNIT ADA UNIT ADA UNIT ADA UNIT ADA UNIT ADA UNIT ADA UNIT ADA ADA UNIT UNIT ADA UNIT ADA UNIT ADA UNIT HC LIFT RESTROOM KITCHEN MULTI-PURPOSE RM STOR. OFFICE LOBBY LOUNGE REC. RESTROOM RESTROOM SHOWER ADA SHOWER RESTROOM VEST. GYM POOL EQUIP. JAN. GYM HALL HALL PORCH PORCH PORCH BUILDING 9 (BLDG TYPE 2) BUILDING 8 (BLDG TYPE 2) BUILDING 7 (BLDG TYPE 2) BUILDING 6 (BLDG TYPE 2) BUILDING 5 (BLDG TYPE 2) BUILDING 4 (BLDG TYPE 2) BUILDING 3 (BLDG TYPE 4) BUILDING 2 (BLDG TYPE 4) BUILDING 1
(BLDG TYPE 1)
BUILDING 22
(BLDG TYPE 1) BUILDING 21 (BLDG TYPE 4) BUILDING 20 (BLDG TYPE 4) BUILDING 19 (BLDG TYPE 2) BUILDING 18 (BLDG TYPE 2) BUILDING 17 (BLDG TYPE 2) BUILDING 16 (BLDG TYPE 2) BUILDING 15
(BLDG TYPE 1)
BUILDING 14
(BLDG TYPE 2)
BUILDING 12
(BLDG TYPE 3)
BUILDING 11
(BLDG TYPE 3)
BUILDING 10
(BLDG TYPE 3) BUILDING 27 (BLDG TYPE 4) BUILDING 28 (BLDG TYPE 4) BUILDING 26 (BLDG TYPE 4) BUILDING 25 (BLDG TYPE 4) BUILDING 24
(BLDG TYPE 3)
BUILDING 23
(BLDG TYPE 3)
BUILDING 13
(BLDG TYPE 3) J J mail mail mail mail mail mail mail mail mail mail mail parcel parcel parcel parcel parcel *
ELIZABETH LANE
JANA LANE PRIELIPP ROAD L andscape Ar c hit ec ts (909) 949-6159 / fax (909) 985-3405 Upland, California 91786-4297 1793 W. Arrow Highway E PROFESSIONAL OS ASS D E CIAT I G SN N C.F.D. MAINTENANCE AREA LANDSCAPE AREA ± 11,712 S.F. THE CITY WILL BE RESPONSIBLE FOR DEVELOPING AND IMPLEMENTING A MAINTENANCE PROGRAM THAT WILL BE RESPONSIBLE FOR ALL IRRIGATION AND LANDSCAPE MANAGEMENT WHERE SHOWN AS REQUIRED BY THE STATE AND LOCAL AGENCIES WITHIN THE AREA DESIGNATED. CITY WELCOME SIGN MASONRY MONUMENT WITH LIGHT STREET LIGHTS = 7 COUNT STORM DRAIN INLET STORM DRAIN CFD MAINTENANCE EXHIBIT BACARA - PLOT PLAN: 13-0089 FOREMOST PACIFIC GROUP CITY OF WILDOMAR DECEMBER 15, 2021 15 CITY OF WILDOMAR CITY OF MURRIETA PROJECT SITE VICINITY MAP * 528
VERIFICATION
I, the undersigned, say: I am the _____________________________________________ the declarant of the foregoing notice of completion; I (“President of,” “Manager of,” “A partner of,” “Owner of”, etc…) have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.
Executed on ____________, 20__, at Wildomar, California. ________________________________________
(Personal signature of the individual who is swearing
that the contents of the notice of completion are true)
NO FEE DOCUMENT
Government Code §6103
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF WILDOMAR
23873 Clinton Keith Road, Suite 110
Wildomar, CA 92595
Attn: City Clerk
The Above Space For Recorder’s Use Only
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the Public Improvement Agreement between the City of Wildomar, California, and Villa Siena Properties, LLC, whose mailing address is 27271 Las Ramblas, Ste 100, Mission Viejo, California 92601, Developer of Plot Plan 13-0089, requires the Developer to complete the construction of public street improvements, storm drain, street lights, and landscaping along the project’s frontage streets in the City of Wildomar, California.
The street, storm drain, and street lights, and landscaping improvements were completed by said Developer on April 29, 2026, according to plans and specifications and to the satisfaction of the City Engineer of the City of Wildomar, and that said work was accepted by the City of Wildomar at 23873 Clinton Keith Rd., Suite 110, Wildomar, California 92595 as owner of the public improvements, at a regular meeting thereof held on the 13h day of May, 2026, by Resolution No. 2026-__.
That upon said contract, Westchester Fire Insurance Company was surety for the bond(s) given by the said company as required by law.
Dated at the City of Wildomar, this 13th day of May, 2026.
Jason B. Farag
Public Works Director/City Engineer
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CITY OF WILDOMAR
CITY COUNCIL REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.15
Meeting Date: May 13, 2026
SUBJECT: Amending the Background Check Policy for Commissioners and Committee Members
SUBMITTED BY: Janet Morales Garcia, City Clerk
PREPARED BY: Janet Morales Garcia
ACTION:
Adopt the amended Background Check Policy for Commissioners and Committee Members.
SUMMARY:
This item adds an option for Commissioners and Committee members to request a copy of their background check.
BACKGROUND:
The city currently appoints members to various advisory bodies, including the Planning Commission, Measure Z Oversight Advisory Committee, and Measure AA Oversight Advisory Committee. Members often represent the city in community settings and have access to city facilities, staff, and sensitive information. On October 13, 2025, the City Council adopted a policy stipulating that all commission and committee appointments are conditional pending successful completion of a background check.
DISCUSSION:
Background checks involve obtaining criminal records for applicants. Under the Investigative Consumer Reporting Agencies Act, the criminal records the city obtains are generally considered Investigative Consumer Reports.
The law requires that the city allow the consumer to receive a copy of any prepared consumer report. Although the law does not explicitly apply to non-employees, it is likely that it could apply; therefore, staff is recommends that the City Council approve the amended policy allowing applicants to receive a copy of the report if they choose. The added language is located under section "I. Applicant Rights" in the attached policy.
FISCAL IMPACT:
Minimal cost to print and mail the reports.
ATTACHMENTS:
1. Background Check Policy- Amendment.pdf
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Background Check Policy for Commissioners and Committee Members 1 | Page City of Wildomar
Background Check Policy for Commissioners and Committee Members Amended May 13, 2026
I. PURPOSE
The purpose of this policy is to establish uniform procedures for conducting background checks on individuals selected to serve on the City of Wildomar’s (“City”) Commissions and Committees. The intent of this policy is to define, describe and address the procedure of background checks to promote transparency and ensure that individuals serving in advisory and decisionmaking roles meet standards of ethical conduct and responsibility.
II. AUTHORITY
This policy is adopted pursuant to the City’s general authority to regulate the qualifications of its appointed officials. The policy shall be interpreted consistent with relevant requirements under the California Fair Chance Act (Government Code §12952) and other applicable privacy, labor, and California laws. This policy is adopted pursuant to City Council Resolution approved on October 13, 2025, and shall remain in effect until amended or repealed by the City Council.
III. APPLICABILITY
This policy applies to all applicants who are selected to serve on a City Commission or Committee. Temporary, ceremonial, or ad-hoc advisory groups may be exempt if determined by the City Council.
IV. REQUIREMENTS
a. Background Checks: All applicants shall be subject to the same criminal background checks that prospective city employees are subject to as a condition of employment. Failure to submit to the required criminal background check within the time prescribed shall result in the automatic rejection of the subject applications and/or forfeiture of the applicant’s appointment status.
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Background Check Policy for Commissioners and Committee Members 2 | Page b. Conditional Appointment: All appointments shall be conditional upon successful completion of a background check.
c. Scope of Check: Criminal history through the California Department of Justice (DOJ) and Federal Bureau of Investigation (FBI) via Live Scan Fingerprinting.
d. Authority: Results shall be reviewed by the City Clerk in consultation with the City Attorney. Results will be reported to the City Council and the applicant as either “qualified” or “not qualified”.
V. DISQUALIFYING FACTORS
Criminal Convictions – A person may be ineligible to serve as a member of any advisory board or commission if he or she has been convicted of any state or federal felony offense or any crime of moral turpitude. Moral turpitude includes dishonesty (e.g., fraud, perjury) as well as crimes involving other sorts of moral depravity, such as child molestation.
Priorto disqualifying any member of any advisory board or commission, the City shall notify the applicant or current member of any advisory board or commission, in writing, of its decision to disqualify. The City shall identify the conviction and provide conviction report/writings.
The applicant or current member of any advisory board or commission shall have five business days to respond with additional information. Applicants may also submit evidence challenging accuracy of report or of rehabilitation or mitigating circumstances.
After reviewing all the information that has been provided to the City, the CityManager or designee will conduct a reassessment and issue a final determination letter.
VI. APPLICANT RIGHTS
a. All applicants shall be informed in writing of the background check requirements before appointment. A signed authorization is required prior to initiating a background check. Results shall remain confidential in accordance with California State law.
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Background Check Policy for Commissioners and Committee Members 3 | Page b. The city will not automatically provide a copy of the report obtained by the DOJ or FBI. All background check information will be kept confidential to the maximum extent possible and required under applicable law and will be disclosed only to those with a valid need to know. The City complies with all applicable federal, state, and local laws regarding background checks.
Applicants may request a copy of their background check directly from the DOJ or FBI. Applicants may receive a copy of the report if they choose.
VII. RECORD RETENTION
Background check records shall be maintained by the Human Resources Department or City Clerk in a secure manner and in compliance with Government Code §34090 et seq. and applicable retention schedules. Records shall not be disclosed except as required by law.
VIII. EFFECTIVE DATE
This policy shall apply to all appointments made on or after October 13, 2025, and shall remain in effect until modified or repealed by the City Council 533
CITY OF WILDOMAR
CITY COUNCIL REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.16
Meeting Date: May 13, 2026
SUBJECT: Measure AA Oversight Advisory Committee Appointment SUBMITTED BY: Janet Morales Garcia, City Clerk
ACTION:
Appoint Don Saunders to the Measure AA Oversight Advisory Committee for the term ending January 2027.
SUMMARY:
The Committee is comprised of five members and serves as established by the City Council.
Its role is to ensure that all revenues received from the voter-approved one-cent transactions and use tax (Measure AA) are spent on permissible uses as outlined in City of Wildomar Ordinance 161 and City Municipal Code Chapter 3.22.
BACKGROUND:
On March 1, 2026, Committee Member Carlos Hernandez resigned, resulting in one unscheduled vacancy on the Measure AA Oversight Advisory Committee. Pursuant to Resolution No. 2024-80, the City utilizes a formal application and review process for volunteer committee appointments. Applicants must submit a City application and participate in a public meeting interview with the Finance Committee. Following the interview process, the Finance Committee forwards its recommendations to the City Council for final consideration and appointment.
DISCUSSION:
On March 16, 2026, the City issued a notice of vacancy for the one position. At the close of the recruitment period, one application was received from the following resident:
Don Saunders
Since there was only one application, there was no need to meet with the Finance Committee.
Staff recommends that the City Council appoint Don Saunders for a term ending in January 2027. Upon City Council approval, the candidate will undergo a background check. Upon successful completion, the candidate will be sworn in at the May 28, 2026, Measure AA Oversight Advisory Committee meeting.
FISCAL IMPACT:
None.
ATTACHMENTS:
1. Resolution No. 2024-80
2. Application - Saunders, Don - redacted
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1 | Page
Volunteer Application
WILDOMAR MEASURE AA
CITIZEN’S OVERSIGHT ADVISORY COMMITTEE
City of Wildomar
23873 Clinton Keith Rd Ste. 201
Wildomar, CA 92595
951.677.7751 (phone)
951.698.1463 (fax)
VOLUNTEER APPLICANT INFORMATION
Last Name: First Name: MI:
Address: City: Zip Code:
Home Phone: Cell Phone:
Email Addr
QUESTIONAIRE
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What type of Volunteer Experiences Have You Had?
Currently, I volunteer as the president of the Wildomar Historical Society, educating the community on the history of Wildomar. I also volunteer helping with the Wildomar Beautification Volunteers when time allows. Previously held appointed positions with the Wildomar Municipal Advisory Council and Riverside County Trails Committee when Wildomar was under County Jurisdiction
Education, Credentials, Government Finance/ Accounting/Auditing Experience:
Public Communication Experience:
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2 | Page
Volunteer Acknowledgement
VOLUNTEER CONSENT
Your signature below indicates that you have read each of the above items and you agree to be bound by them.
Applicant Name (print) Applicant Signature Date
VOLUNTEER ACKNOWLEDGEMENT AND WAIVER
As a Volunteer, I understand that:
x I give the City of Wildomar permission to conduct a thorough background check on me, which may include a review of sex offender registries, criminal history records, and law enforcement records. I understand that volunteer positions may be conditional upon favorable background information as determined by the City of Wildomar.
x The City of Wildomar is not obligated to provide me with a volunteer placement. I also understand that I am not obligated to accept the volunteer position offered. x Volunteers are expected to immediately inform us if they are unable or unwilling to perform a requested task. Physical requirements of tasks may involve sitting, standing, walking stooping, kneeling, climbing, talking. Listening, reading, handling (lifting, pushing, pulling), objects, handling heavy objects, operation tools, operating power tools, operating vehicles. x Volunteer positions are charitable contributions to the City of Wildomar without compensation or benefit of any kind or consideration of future employment. x I have the obligation to notify my supervisor of an injury incurred while volunteering. x I agree to be subjected to the policies and procedures of the City of Wildomar. x I am not an employee of the City of Wildomar.
x The City of Wildomar reserves the right to terminate my volunteer status at any time.
VOLUNTEER CODE OF CONDUCT
As a volunteer I will:
x Perform only those assigned tasks that are within my physical capability and will not undertake any tasks that are beyond my physical capability or ability. x Not undertake to operate or use vehicles, equipment or tools that I am unfamiliar with or have not been trained to operate properly and safely, and have not received specific authorization to use from my supervisor.
x Observe all safety rules and use provided safety equipment in the performance of my assigned tasks. x Treat everyone with respect, patience, integrity, courtesy, and dignity. x Not use profanity, or make humiliating, ridiculing, threatening, or degrading statements. x Return all City equipment and identification upon request or at end of assignment. /#53)'..6%,/0%
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1 WILDOMAR MEASURE AA
CITIZEN’S OVERSIGHT ADVISORY COMMITTEE
Supplemental Questionnaire
PRINT NAME:
PLEASE TYPE OR PRINT LEGIBLY
This Supplemental Questionnaire will be a tool in the evaluation of your qualifications for this position.
Please answer each question in sufficient detail so that we can understand precisely what your qualifying experience and accomplishments have been.
A Supplemental Questionnaire is required for Wildomar Measure AA Citizens’ Oversight Advisory Committee appointments. Your application will not be considered complete without submittal of both forms.
Please use the space provided for your response. If more space is necessary, one additional page per question may be attached.
__ _____________________________________________ _____________________________ Signature Date
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2 2. What is your understanding of the role and responsibilities of the Wildomar Measure AA Citizen’s Oversight Advisory Committee?
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3 4. What qualities or experience would you bring that would benefit the Wildomar Measure AA Citizen’s Oversight Advisory Committee?
5. What is your experience with governmental service costs (Police, Fire, Street Maintenance, Homelessness or other recurring City Services)?
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4 6. What is your experience with governmental financial reports and/or audits?
7. Describe your goals and/or interest in being a member of the Committee. /#53)'..6%,/0%
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CITY OF WILDOMAR
CITY COUNCIL REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.17
Meeting Date: May 13, 2026
SUBJECT: Tri-Party Consulting Service Agreement for the Mission Hills Wildomar Project (PLN-25-0085) Environmental
Documentation
SUBMITTED BY: Abdu Lachgar, Principal Planner
PREPARED BY: Abdu Lachgar, Principal Planner
ACTION:
1. Authorize the City Manager to execute a Tri-Party Consultant Services Agreement (Attachment A) between the City of Wildomar, Oliver Investments, and EPD Solutions, Inc. for preparation of environmental documentation for the Mission Hills Wildomar Project; and
2. Authorize the City Manager to execute a Consultant Services Agreement/Contract between the City of Wildomar and EPD Solutions, Inc. for preparation of environmental documentation for the Mission Hills Wildomar Project, based on the proposed scope shown in Attachment B.
BACKGROUND:
On December 19, 2025, the Planning Division received a formal application package (PLN 25- 0085) from Oliver Investments to establish the “Mission Hills Wildomar” project. The proposed project includes a 51-lot single-family residential subdivision, and development of park and open space facilities, walls and fences, and necessary infrastructure. The project will include 15 ADUs, including 6 very low income ADUs, 6 moderate income ADUs, and 3 unrestricted ADUs, utilizing the affordable ADUs for a density bonus. The Proposed Project requires environmental documentation and analysis under California Environmental Quality Act (CEQA) for the proposed subdivision and development review entitlements.
DISCUSSION:
In accordance with CEQA and the CEQA Guidelines, the Planning Division has determined that the proposed development project may qualify for an exemption under Section 15183 of the CEQA Guidelines but requires necessary analysis and preparation of documentation.
Once this determination was made, staff asked our on-call CEQA consultant (EPD Solutions) to submit a Scope of Work and Budget to prepare the environmental documentation. Once received, the scope of work and budget were sent to the Applicant (Oliver Investments) for review. Based on the information provided, the Applicant has agreed to move forward with the proposal. To move forward, City Council must approve a Tri-Party Services agreement between the City of Wildomar, Oliver Investments, and EPD Solutions, Inc.
The contract agreement for EPD Solutions, Inc. is proposed for a total compensation of a “notto-exceed” amount of $46,640.00, with the standard City Attorney review fees ($5,303.00), the total cost to prepare the environmental documentation is $51,943.00. Staff review time falls under the entitlement applications and environmental fee already paid by the applicant. In 549
accordance with the provisions of the agreement, the Applicant is required to deposit 50% of the total cost ($25,971.50) within ten (10) business days after the effective date of the agreement. This will allow EPD Solutions Inc. to begin the process. Further, within thirty (30) business days after the effective date, the applicant is required to deposit the remaining 50% of the cost ($25,971.50). The estimated time frame to prepare and process the environmental documentation is approximately four (4) to six (6) months.
FISCAL IMPACT:
The cost associated with preparation of the environmental documentation is the sole responsibility of the Applicant, thus, there is no fiscal impact to the City’s General Fund.
ATTACHMENTS:
Attach A - Wildomar Standard Tri-Party Agreement Form.docx Attach B - EPD_Proposal_Mission Hills - Como_Final.pdf
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TRI-PARTY CEQA DOCUMENT PREPARATION
AND DEPOSIT AGREEMENT
This CEQA Document Preparation and Deposit Agreement (“Contract”) is made and entered into as of _____________, 2026 by and among the City of Wildomar, a California municipal corporation, (“City”), Tri-Pointe Homes, (“Applicant”), and EPD Solutions, Inc. (“Consultant”). Hereafter, City, Applicant and Consultant may be collectively referred to as the “Parties.”
RECITALS
A. The California Environmental Quality Act (“CEQA”) [Public Resources Code § 21000 et seq.] makes lead agencies responsible for determining whether an Environmental Impact Report (“EIR”), a Mitigated Negative Declaration (“MND”), or Negative Declaration (“ND”), or exemption is to be required for any project. CEQA also provides that any such EIR, MND, ND, or exemption be prepared directly by, or under contract to, the legal agency.
B. Applicant is applying to the City for one or more land use approvals for that project (“Project”) more particularly described in the “Project Description” attached hereto and incorporated herein by reference as Exhibit “A”.
C. City is the lead agency under CEQA for the Project. Based on its preliminary review and consultation with Applicant, City has determined that an exemption, pursuant to Section 15183 of the CEQA Guidelines, and supporting analysis and documentation (“CEQA Document”) is required for the Project to adequately assess its potentially significant impacts. Pursuant to Public Resources Code § 21080.1(a) City’s determination that this particular CEQA Document required for the Project is final and conclusive.
D. Consultant is a qualified environmental and/or land use planning firm. City, in consultation with Applicant, has selected Consultant to prepare the CEQA Document and any related studies, surveys, and reports as may be required to comply with CEQA.
Consultant has prepared a “Scope of Work” attached hereto and incorporated herein by reference as Exhibit “A”, outlining the breadth of analysis and the tasks to be performed to prepare the CEQA Document.
E. Applicant and Consultant acknowledge that as the lead agency, City is responsible for complying with CEQA and the State CEQA Guidelines (“CEQA Guidelines”) [14 Cal. Code Regs. § 15000 et seq], that the City is responsible for the adequacy of its environmental documents, that the City cannot rely on comments from other public agencies or private citizens as a substitute for work CEQA requires, and that this particular CEQA Document must reflect the independent judgment of the City.
Applicant and Consultant further acknowledge that as a result of these responsibilities, the CEQA Document is to be prepared and completed to reflect City’s independent 551
judgment, to comply with CEQA and the CEQA Guidelines, and to comport with all applicable professional standards.
F. CEQA authorizes City, as the lead agency, to charge and collect a reasonable fee from Applicant to recover the estimated costs incurred in preparing the CEQA Document and for procedures necessary to comply with CEQA regarding the Project. Applicant acknowledges that it is responsible for the payment of these costs as provided in this Contract.
G. City and Consultant acknowledge that CEQA and the CEQA Guidelines encourage the completion of the CEQA Document within certain time limits and that lead agencies should reduce delay and paperwork in the preparation of CEQA Documents.
H. Based on the foregoing Recitals, Applicant, City, and Consultant now desire to enter into this Contract for the preparation of the CEQA Document determined to be necessary for the Project.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the above recitals and the mutual covenant hereafter set forth, the parties agree as follows:
Article 1.0 Applicants Obligations
1.1 CEQA Document Costs. Applicant shall pay all costs incurred for the preparation and completion of the CEQA Document.
1.2 Consultant Charges. The consultant’s estimated charge for services and reimbursable expenses for preparation and completion of the CEQA 15162 Document, including the required technical studies pursuant to that Consultant Services Agreement between Consultant and City, a copy of which is attached hereto as Exhibit B are $49,795.00.
1.3 City Charges. The city’s estimated administrative charge, including work by the City Attorney, for review and processing of the CEQA Document is $5,303.00.
1.4 Deposits. Applicant acknowledges that the Consultant estimated charges, and the City estimated charges are estimates only and the actual costs may be higher.
Applicant agrees to pay all Consultant charges and City charges even if those charges exceed the cost estimates provided in this Contract. To ensure timely payment and performance, Applicant shall deposit the Consultant’s and City’s estimated charges (Total Estimated Cost) with the City as follows:
1.4.1 Initial Deposit. Within ten (10) business days after the Effective Date of this Contract, the Applicant shall deposit $27,549.00 with the City, being an amount equal to one half (1/2) of the Total Estimated Cost. Within thirty (30) business days after the Effective Date of this Contract, the Applicant shall deposit with the City the remaining 552
balance of the Total Estimated Cost, which is $27,549.00. At the Applicant’s discretion, the entire amount may be paid in full at one time.
1.4.2 Subsequent Deposits. The applicant shall be responsible for making subsequent deposits with the City if necessary. At such time as the Initial Deposit is reduced to either ten percent (10%) of its original amount or $5,000, whichever is greater, City shall invoice the Applicant for a subsequent deposit in an amount determined to be sufficient by the City to complete the next logical phase of work on the CEQA Document.
Applicant shall deposit the invoiced amount with City within ten (10) business days after receipt of such invoice.
1.4.3 Return of Excess Deposits. Any excess of the amount deposited over the actual cost incurred by City in connection with preparation of the CEQA Document shall be refunded by City to Applicant within 15 days from the date a Notice of Determination in connection with the subject proposed Project is filed with the County Clerk.
1.4.4 No Obligation for City to Complete. Applicant understands and agrees that City shall have no obligation complete the CEQA Document, consider the CEQA Documents for approval, or to pay or incur any costs related thereto, in the event that the Applicant fails to deposit the funds required under Article 1.0 of this Contract. In no event shall City have any responsibility to incur or pay any cost for the preparation and completion of the CEQA Document, or any other activities associated with public review, comment, and consideration (such as preparing, posting, and filing notices, circulating copies of the CEQA Documents, or reviewing and recommending the CEQA Document for approval), except to the extent that Applicant has provided the deposits and funds to pay for such activities as provided under this Contract.
1.5 Communication. Applicant hereby agrees that its officers, employees, contractors, agencies, or other representatives shall not communicate with, or discuss any matters relating to the CEQA Document with the Consultant engaged by City to prepare the CEQA Document without prior approval from the Planning Director or his duly authorized representative. Applicant further agrees that all questions regarding scheduling, content, or distribution of the CEQA Document, or any related matters, shall be addressed to the City staff, not the Consultant. The purpose of this provision is to ensure that the CEQA Document prepared will be objective and prepared on behalf of the City, and not a document prepared for purposes of advocating approval of the private proposed project to which it relates.
1.6 Representations. Applicant understands and acknowledges that, although City shall use reasonable efforts to see that the CEQA Document is completed in compliance with the requirements of CEQA and the State CEQA Guidelines, City does not guarantee, warranty, or in any way represent that the CEQA Document will or would be found legally valid by a court of competent jurisdiction in the event of a legal challenge to the CEQA Document by any litigant, and no term of this Contract is intended to be, or shall be, construed to express or imply such guarantee, warranty, or representation.
Applicant further understands and acknowledges that neither City’s receipt of the 553
amounts specified under this Contract from Applicant, nor any other term of this Contract, is intended to be, or shall be, construed to express or imply that City agrees or intends to assume or reimburse the cost of attorney’s fees, or any other cost, expense or obligation, that would be incurred in undertaking, in whole or in part, the legal defense to any lawsuit or other legal action challenging the validity of the CEQA Document by any litigant.
1.7 Peer Review. Applicant agrees to pay all costs associated with peer review of any document prepared in connection with the CEQA Document if a valid public controversy arises with respect to the CEQA Document. Peer review shall be conducted by the Applicant hiring an environmental consulting firm approved by the City to critique the adequacy of the CEQA Document (or any technical document pertaining thereto) so that the appropriate approval body can make an informed decision with respect to the environmental effects of the Project. For purposes of this section, a valid public controversy shall mean any of the following:
(1) submission of other differing scientific opinions with respect to the CEQA Document;
(2) submission of credible evidence in opposition to evidence contained within the CEQA Document;
(3) submission of additional credible information which was omitted from the CEQA Document.
Article 2.0 Consultants Obligations
2.1 Preparation of CEQA Document. Consultant shall prepare the CEQA Document identified in Recital C of this Contract (i.e., 15162 Exemption), including the Final 15162/Response to Comments document.
2.2 Attendance at Public Hearings. The Consultant shall attend all public hearings in connection with the subject proposed Project.
2.3 City Documents. The City shall maintain ownership, custody and control over all documents prepared by Consultant including, but not limited to, all CEQA Documents.
2.4 Meetings. Both Applicant and Consultant agree not to hold meetings concerning the subject proposed Project without the City present.
Article 3.0 City Obligations
3.1 Review Materials. The City shall review and analyze all materials submitted in connection with the CEQA Documents as timely as practicable under the circumstances. City shall timely notify and work with Consultant regarding changes or modifications to any CEQA Documents.
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3.2 Coordinate Meetings of Parties. The City shall use its best efforts to coordinate and arrange meetings between City, Consultant and Applicant from time to time as the need arises.
3.3 Submit to Approval Body. Upon the satisfactory completion of the CEQA Document and all other City application processing requirements, City shall submit the Project for a hearing to the appropriate approval body of the City.
Article 4.0 Indemnity
4.1 Indemnity. The Applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, law suits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures), (collectively “Actions”), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul any action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the project, whether such Actions are brought under the California Environmental Quality Act, the Planning and Zoning Law, the Subdivisions Map Act, Code of Civil Procedure Section 1085 or 1094.5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that Applicant shall reimburse the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action.
Article 5.0 General Provisions.
5.1 Attorney’s Fees. In the event any action is instituted to enforce the terms of this Contract, including any action to recover damages, to obtain injunctive relief, or to appeal any judgment or order of the court, the prevailing party in such action shall be entitled to entry of judgment for an amount equal to its reasonable attorneys’ fees, expert witness fees and costs, and costs of suit in addition to such other relief to which it may be entitled. The provisions of this subsection shall in no way limit the scope of either party’s obligations under this Contract.
5.2 Assignment. This Contract and any and all rights, duties and obligations set forth herein shall not be assigned or transferred by any party.
5.3 Amendments. This Contract may be amended only by a document in writing and signed by each of the parties to this Contract. 555
5.4 Entire Agreement. This Contract contains the entire agreement and understanding between the parties relating to the transaction contemplated hereby and all prior or contemporaneous agreements, understandings, representations and statements oral or written, are merged herein, and shall be of no force or effect. California law shall govern the interpretation and enforcement of this Contract.
5.5 Severability. If any covenant, term or condition of this Contract or any application thereof shall be invalid or unenforceable, the remainder of this Contract shall not be affected thereby.
5.6 Authority. The parties hereto warrant and represent that each has the legal right, power and authority to enter into this Contract and to perform all of its obligations hereunder and that the execution and delivery of this Contract have been duly authorized.
5.7 Effective Date of Contract. This Contract shall not become effective until the date it has been executed by the appropriate authorities of City, Consultant & Applicant.
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the effective date set forth above.
“CITY”
City of Wildomar
By:
Chris Mann, City Manager
“APPLICANT”
_______________________________
By:
Applicant Name and Title
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CONSULTANT”
EPD Solutions, Inc.
By:
Konnie Dobreva, JD, Vice President of
Environmental Planning
ATTEST:
_____________________________
Janet Morales Garcia, CMC
City Clerk
APPROVED AS TO FORM:
_____________________________
Thomas D. Jex, City Attorney
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EXHIBIT “A”
Project Description/Consultant Scope of Work and Budget 558
EXHIBIT “B”
Consultant Services Agreement
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AGREEMENT FOR SERVICES
By and Between
THE CITY OF WILDOMAR,
a municipal corporation
and
EPD Solutions Inc.
a California Corporation
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AGREEMENT FOR SERVICES
BETWEEN THE CITY OF WILDOMAR, CALIFORNIA
AND EPD Solutions Inc.
This Agreement for Services (“Agreement”) is entered into as of this _______ day of _________, 2025 by and between the City of Wildomar, a municipal corporation (“City”) and EPD Solutions Inc., a California Corporation (“Service Provider”). City and Service Provider are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought from its established on-call CEQA Service Provider list, EPD Solutions Inc. (Consultant), a Scope of Services and Budget to prepare the required Environmental Document for the Westpark Promenade (Tri-Pointe) Project (PLN 26- XXXX) the performance of the services defined and described particularly in Section 2 of this Agreement.
B. Service Provider, following submission of a Scope of Services and Budget for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Wildomar’s Municipal Code, City has authority to enter into this Services Agreement and the City Manager has authority to execute this Agreement.
D. The Parties desire to formalize the selection of Service Provider for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
1. TERM OF AGREEMENT.
Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is for the timeframe outlined in the Scope of Services (Exhibit A) or until the environmental documentation and determination is adopted by the Planning Commission and/or City Council. 561
2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE.
Scope of Services. Service Provider agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Service Provider shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Service Provider to continue performing the Services.
3. ADDITIONAL SERVICES.
Service Provider shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
4. D. COMPENSATION AND METHOD OF PAYMENT.
Subject to any limitations set forth in this Agreement, City agrees to pay Service Provider the amounts specified in Exhibit “A” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed ninety six thousand, three hundred sixty dollars ($96,360), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. In accordance with California Government Code Section 8546.7, if the Not to Exceed Amount exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement and the Service Provider's books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
Each month Service Provider shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges in the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-Service Provider contracts. Sub-Service Provider charges shall be detailed in the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “A” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Service Provider to determine whether the work performed, and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Service Provider for correction and resubmission.
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Except as to any charges for work performed or expenses incurred by Service Provider which are disputed by City, City will use its best efforts to cause Service Provider to be paid within forty-five (45) days of receipt of Service Provider’s correct and undisputed invoice.
Payment to Service Provider for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Service Provider.
5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Service Provider’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Service Provider’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Service Provider’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud.
Acceptance of any of Service Provider’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
6. OWNERSHIP OF DOCUMENTS; EXCEPTIONS; WARRANTY
Except as otherwise provided below, all documents, data, studies, drawings, maps, models, photographs and reports prepared by service provider (collectively, “Documents”) under this Agreement are City’s property. Service Provider may retain copies of such Documents as desired but will deliver all original materials to City upon City’s written notice. City agrees that use of Service Provider’s completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at City’s own risk. Service Provider warrants that all Documents it drafts and completes pursuant to this Agreement constitute original work. Specifically, Service Provider understands and agrees that use of artificial intelligence (AI) tools including, without limitation, ChatGPT, Microsoft’s Bing Chat, Google’s Bard, and Meta’s LLMMA (Large Language Model Meta AI), in the performance of this Agreement does not constitute an original work, i.e., submitting Documents generated by such AI tools to City and representing it as Service Provider’s original work constitutes a material breach of this Agreement, constitutes a false claim, and may also violate applicable intellectual property right laws including, without limitation, United States Copyright Law. Accordingly, and notwithstanding any other provision of this Agreement as to ownership, City specifically rejects ownership of such Documents. Service Provider is required to indemnify and defend City to the fullest extent allowed by applicable law should it violate this Section.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Service Provider. Upon completion, expiration or termination of this Agreement, Service Provider shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents. 563
If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement, Service Provider’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
All Final Work Product developed by Service Provider in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Service Provider. Upon completion, expiration or termination of this Agreement, Service Provider shall turn over to City all such Final Work Product if paid for by the City. This provision specifically excludes Service Providers’ work notes and drafts, which are owned by Service Provider, not City.
7. SERVICE PROVIDER'S BOOKS AND RECORDS.
Service Provider shall maintain any and all documents and records demonstrating or relating to Service Provider’s performance of the Services. Service Provider shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Service Provider pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures.
Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Service Provider’s address indicated for receipt of notices in this Agreement.
Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Service Provider’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives.
8. INDEPENDENT CONTRACTOR.
Service Provider is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Nothing in this Agreement may be construed to be inconsistent with this relationship or status. Service Provider shall not at 564
any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Service Provider shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.
Service Provider shall perform all Services as an independent contractor of City and shall remain at all times as to City, a wholly independent contractor with only such obligations as are consistent with that role. Service provider shall be solely responsible for the means, methods, techniques, sequences and procedures in performance of Services. The personnel performing the Services under this Agreement on behalf of Service Provider shall at all times be under Service Provider’s exclusive direction and control. Any terms within this Agreement regarding City directives apply to a concern the result of Service Provider’s provision of service and not the means, methods, or scheduling of the Service Provider’s work. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Service Provider or any of Service Provider’s officers, employees, or agents except as set forth in this Agreement. Service Provider shall not at any time or in any manner represent that Service Provider or any of Service Provider’s officers, employees, or agents are in any manner officials, officers, employees or agents of City.
Neither Service Provider, nor any of Service Provider’s officers, employees or agents, shall obtain any privileges or rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Service Provider expressly waives any claim Service Provider may have to any such benefits, privileges or rights.
9. STANDARD OF PERFORMANCE.
Service Provider represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Service Provider shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Service Provider shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Service Provider under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Service Provider’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Service Provider shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Service Provider shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement.
Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Service Provider to comply with this section.
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11. PREVAILING WAGE LAWS
It is the understanding of City and Service Provider that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.
12. NONDISCRIMINATION.
Service Provider shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.
13. UNAUTHORIZED ALIENS.
Service Provider hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein.
Should Service Provider so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Service Provider hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
14. CONFLICTS OF INTEREST.
Service Provider covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Service Provider’s performance of the Services. Service Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Service Provider agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
City understands and acknowledges that Service Provider is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Service Provider is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.
City understands and acknowledges that Service Provider will perform non-related services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
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15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.
All information gained or work product produced by Service Provider in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Service Provider. Service Provider shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
Service Provider, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Service Provider gives City notice of such court order or subpoena.
If Service Provider, or any officer, employee, agent or subcontractor of Service Provider, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Service Provider for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Service Provider’s conduct.
Service Provider shall promptly notify City should Service Provider, its officers, employees, agents or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Service Provider or be present at any deposition, hearing or similar proceeding. Service Provider agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Service Provider. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Service Provider shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
16. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Service Provider’s services, to the fullest extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Service Provider, or by any individual or entity for which 567
Service Provider is legally liable, including but not limited to officers, agents, employees or sub-contractors of Service Provider, in the performance of professional services under this Agreement.
(b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Service Provider, or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or sub-contractors of Service Provider. (c) Indemnification from Sub-Service Providers. Service Provider agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every sub-Service Provider or any other person or entity involved by, for, with or on behalf of Service Provider in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Service Provider fails to obtain such indemnity obligations from others as required herein, Service Provider agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Service Provider and shall survive the termination of this Agreement or this section. (d) City’s Negligence. The provisions of this section do not apply to claims occurring as a result of City’s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.
17. INSURANCE.
Service Provider agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Service Provider agrees to provide City with copies of required policies upon request.
18. ASSIGNMENT.
The expertise and experience of Service Provider are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Service Provider under this Agreement. In recognition of that interest, Service Provider shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Service Provider’s duties or obligations under this Agreement without the prior written consent of the City. Any attempted assignment shall be ineffective, null and void, and 568
shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Service Provider, in the performance of its duties pursuant to this Agreement, may utilize sub-contractors.
19. CONTINUITY OF PERSONNEL.
Service Provider shall make every reasonable effort to maintain the stability and continuity of Service Provider’s staff and sub-contractors, if any, assigned to perform the Services. Service Provider shall notify City of any changes in Service Provider’s staff and sub-contractors, if any, assigned to perform the Services prior to and during any such performance.
20. TERMINATION OF AGREEMENT.
City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Service Provider. In the event such notice is given, Service Provider shall cease immediately all work in progress.
Service Provider may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
If either Service Provider or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Service Provider, or City may terminate this Agreement immediately upon written notice.
Upon termination of this Agreement by either Service Provider or City, all property belonging exclusively to City which is in Service Provider’s possession shall be returned to City. Service Provider shall furnish to City a final invoice for work performed and expenses incurred by Service Provider, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.
21. DEFAULT.
In the event that Service Provider is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Service Provider for any work performed after the date of default. Instead, the City may give notice to Service Provider of the default and the reasons for the default. The notice shall include the timeframe in which Service Provider may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Service Provider is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Service Provider does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of the Service Provider’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement. 569
22. EXCUSABLE DELAYS.
Service Provider shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Service Provider. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
23. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Service Provider in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.
24. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Wildomar
Attn: City Manager
23873 Clinton Keith Rd., Suite 110
Wildomar, CA 92595
To Service Provider: _________________________
_________________________
_________________________
_______________, CA ______
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
25. AUTHORITY TO EXECUTE.
Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to execute this Agreement.
26. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Wildomar Municipal Code. 570
27. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
28. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Service Provider and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Wildomar Municipal Code. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. The City’s City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City’s rights under this Agreement. All other amendments shall be approved by the City Council.
29. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Service Provider shall not constitute a waiver of any of the provisions of this Agreement.
30. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
31. ATTORNEY’S FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
32. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Service Provider and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding. 571
33. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby, and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
34. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF WILDOMAR
___________________________
Chris Mann
City Manager
ATTEST:
___________________________
Janet Morales Garcia, CMC
City Clerk
APPROVED AS TO FORM
_______________________________
Thomas D. Jex
City Attorney
“SERVICE PROVIDER”
EPD Solutions, INC.
By: EPD Solutions
_______________________________
Name: Konnie Dobreva
Its (Title): Vice President of Environmental Planning
NOTE: SERVICE PROVIDER’S SIGNATURE SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO SERVICE PROVIDER’S
BUSINESS ENTITY.
572
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ________________
On ______________, before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
Signature of Notary Public Place Notary Seal Above
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER____________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_________________________________________
_________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
573
EXHIBIT "A" - CONSULTANT SCOPE OF WORK AND BUDGET
574
Exhibit B
Insurance Requirements
Service Provider shall procure and maintain, for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Service Provider, its agents, representatives, or employees.
I. MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Service Provider has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if Service Provider provides written verification it has no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriate to the Service Provider’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of Agreement work. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the Agreement of work. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement effective date, the Service Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work.
A copy of the claims reporting requirements must be submitted to the City for review.
If the Service Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Service Provider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
II. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Service Provider including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Service Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). 575
III. Primary Coverage
For any claims related to this Agreement, the Service Provider’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Service Provider’s insurance and shall not contribute with it.
IV. Notice of Cancellation
Service Provider shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Service Provider shall forthwith obtain and submit proof of substitute insurance.
V. Waiver of Subrogation
Service Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Service Provider may acquire against the City by virtue of the payment of any loss under such insurance. Service Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Service Provider, its employees, agents and subcontractors.
VI. Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Service Provider to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
VII. Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
VIII. Verification of Coverage
Service Provider shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Service Provider’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.