Project Name/No.: R2401 – Euclid Bridge Design Contract No.: ______________
Project Manager: PW/ M. Hindersinn Approved: ________________
01225.0001/863604.2 (Long Form)
AGREEMENT FOR SERVICES
BETWEEN THE CITY OF CHINO AND
BIGGS CARDOSA ASSOCIATES, INC.
THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 17th day of October, 2023 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and Biggs Cardosa Associates, Inc. , A California Corporation (“Consultant”). City and Consultant may be referred to individually as “Party” or collectively as “Parties.”
RECITALS
A. City has sought, by issuance of a Request f or Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the services defined and described part icularly in Article 1 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Chino’s Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for per formance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in considera tion of the mu tual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services ” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a tho rough, compete nt, a nd professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services describ ed herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder 01225.0001/863604.2 2
and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, th e phr ase “highest professional standards ” shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Services shall include the scope of work included in Consultant’s proposal, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with , all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmen tal entity having jurisdiction in effect at the time service is rendered.
1.4 California Labor Law.
If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code Section 1720 et seq. and Califo rnia Code of Regulations, Title 8, Section 16000 et seq. , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, as they pertain to such work, including the following requirements:
(a) DIR Monitoring a nd Enforcement. The public work and/or maintenance work performed under this Agreement shall be subject to compliance monitoring and enforcement by the Department of Industrial Relati ons (“DIR”). Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages . Consultant shall p ay prevailing wages to the exte nt required by Labor Code Section 1771. Pursuant to Labor Co de Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested pa rty on request. By initiating any work under this Agree ment, Consultant acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages . Consultant shall comply with and be bound by the provisions of Labo r Code Sections 1774 and 1775 concern ing the payment of prevailing rates of wages to workers and the pe nalties for failure to pay prevailin g wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for ea ch calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined 01225.0001/863604.2 3
by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. (d) Payroll Records . Consultant shall comp ly with and be bound by the provisions of Labor Code Section 1776, which require s Consultant and each subcontractor to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Sectio n 1776; certi fy and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Consultant shall comply with and be bound by the provisions of Labor Co de Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations T itle 8, Section 200 et seq. concerning the empl oyment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenti ceable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy o f the information submitted to any a pplicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Workday. Consultant acknowledges that eight (8) hours lab or constitutes a le gal day's work. Consultant shall comply with and be bou nd by Labor Code Section 1810.
(g) Penalties for Excess Hours . Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forf eit twenty-five dollars ($25) for each worker employed in the perf ormance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permi tted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of t he provisions of Division 2, Pa rt 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed b y employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitt ed upon public work upon compensatio n for all hours worked in exce ss of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer wil l be required to secure the payment of compensation to its employees if it has employees. By exec uting this Agreement, and in accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor C ode which require every employer to be insured against l iability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work o f this contract.”
01225.0001/863604.2 4
(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who wil l perform work und er this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapte r 1 (comme ncing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any con tract with any sub contractor for work under this Agreement. Consultant shall be required to take all actions necessary to enfo rce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the ce rtified payroll re cords of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her work ers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Consultant shall obtain a t its sole cost and expense such lic enses, permits and approvals as may be required by law for the performance of the services required by this Ag reement.
Consultant shall have the sole obli gation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may b e imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, an d shall indemnify, defend and hold harmless City , its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.6 Familiarity with Work.
By e xecuting this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered th e scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilitie s, difficulties an d restrictions attending p erformance of the services under this Agreement. If the services i nvolve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the condit ions there existin g, prior to commencement o f services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Project Manager.
1.7 Software and Computer Services.
If the Scope of Services includes the provision and/or installation of any software, computer system, o r other computer t echnology, Consultant repr esents and warrants that it has inspected the City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Consultant unde r this Agreement is compat ible, and shall be fully functional, with such infrastructure, equipment, computer system and software of the City. Consultant acknowledges that the City is relying on the representation by Consultant as a material consideration in entering into this Agreement.
1.8 Care of Work.
01225.0001/863604.2 5
The Consultant shall adopt reasonable met hods during the life of the Agreemen t to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studie s and/or other com ponents thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until accep tance of the work by City, except such losses or damages as may be caused by City’s own negligence.
1.9 Further Responsibilities of Parties.
Both parties agre e to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonab ly necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.10 Additional Services.
City shall have the right , subject to state law and the City’s Mun icipal Code, at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Project Manager to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work , and/or (ii) the time to perform this Agreement, which sai d adjustments are subject to the written app roval of the Consultant. Any increase in compensation for extra wo rk sh all require the approval of Cit y Council unless the City Council has previously authorized the City Manager to approve an increase in compensation and the amount of the increase does no t exceed such authorization. It is expressly understood by Consultant that the provisions of this Sect ion shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more cost ly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its so le and absolute di scretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.11 Special Requirements.
Additional terms and conditions of this Agreement, if an y, which are made a part hereof are set forth in the “Special Requ irements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compe nsation” attached hereto a s Exhibit “C” and 01225.0001/863604.2 6
incorporated herein by this reference. The total compensation, including reimburseme nt for actual expenses, shall not exceed Three Million Nine Hundred Forty -Four Thousand Two Hundred Twenty-Five Dollars and Thirty-Four Cents ($3,944,225.34) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the servic es, less contract retentio n; (iii) payment for time and materials based upon the Consultant’s rat es as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks , (b) contract retention is main tained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may inc lude reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Project Manager in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City .
Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilita te such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an or iginal invoice for all work performed and expenses incurred during the preceding m onth in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of t he Agreement . Consultant shall not invoice City for any duplicate services performed by more than one person.
All invoices shall be submitted by email to [email protected]. Each invoice is to include:
(a) Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
(b) Line items for all materials and equipment properly charged to the Services.
(c) Line items for all oth er approved reimbursable expenses claimed, wit h supporting documentation.
(d) Line items for all approved subcontractor labor, s upplies, equipment, materials, and travel properly charged to the Services. 01225.0001/863604.2 7
(e) If this Agre ement requires prevailing wages, per Section 1.4 of the Agreement, all invoices sh all include a copy of Consultant’s Certified Payroll and proof that Certified Payr oll has been submitted to the DIR.
Consultant shall also submit a list of the prevailing wa ge ra tes for all employees and subcontractors providing services under this Agreement, as applicable, with Consultant’s first invoice. If these rates change at any time during the term of th e Agreement, Consultant shall submit a new list of rates to the Ci ty with its first invoice following the effective date of the rate change.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use i ts best efforts to cause Consultant to be paid within forty -five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agr ees that due to City warrant run procedures, the City cannot guarantee that paymen t will occur within this t ime period . In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction a nd resubmission. Review and payment by City for any invoice provided by the Consul tant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreeme nt shall not be deemed to waive any defects in work performed by Consultant.
2.6 Contingency of Funds.
Consultant acknowledges that funding or portions of funding for this Agreem ent may be contingent upon State bud get approval; receipt of funds from, and/or ob ligation of funds by the State of California to City; or inclusion of sufficient f unding for the services he reunder in the budget approved by Chino City Council for each fisc al year covered by this Agreement. If such approval, funding or appropriations ar e not forthcoming, or are otherwise limited, City may immediately terminate or modify this Agreement without penalty.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall pe rform all services within the time period(s) established in the “Schedule of Performance ” attached hereto as Exhibit “D” and incorporated herein by this 01225.0001/863604.2 8
reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Project Manager but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The t ime period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unu sually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots , str ikes, freight embargoes, wars, litigation, and/or acts of any governmental ag ency, including the City, if the Consultant shall within ten (10) days of the comm encement of such delay not ify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. The Project Manager ’s determination shall be final and conclusi ve upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any dela y in the performance of this Agreement, however caused, Consultant’s sole remedy being exten sion of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in ful l force and effect until c ompletion of the services , which shall be no later than June 30, 2024, except as otherwise provided i n the Schedule of Performance ( Exhibit “D”).
This Agreement may be renewed by a written amendment for up to an additional Three (3) one (1) year terms at the optio n of the City if the City is satisfied with the quality of service s performed by Consultant under this Agreement.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals we re a substantial inducement for City to enter into this Agreement. 01225.0001/863604.2 9
Therefore, the foregoin g principals shall be resp onsible during the term of this Agreement for directing all activi ties of Consultant and devoting suff icient time to personally supervise th e services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclus ive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their resp onsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the s ervices required under this Agreement.
Consultant shall notify Cit y of any changes in Consultant’s sta ff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manne r, or 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. Consultant shall not at any time or in any ma nner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to r etirement, health care or any other be nefits which may otherwise accrue to City ’s employees. Consultant expressly waives any cla im Consultant may have to any such rights.
4.3 Project Manager.
The Project Manager shall be _____________________________ or any other person as may be designated by the Project Manager. It shall be the Consultant’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which mu st be made by City to the Project Manager.
Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager . The Project Manager shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the Ci ty required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents o r employees, perform the services requ ired herein, except as otherwise set forth herein. City shall have no voice in the selecti on, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City an d shall remain at all time s as to City a wholly independent contractor with only such obliga tions as are consistent with that ro le. Consultant shall not at any time o r in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed 01225.0001/863604.2 10
to be a partner of Consultant in its business or oth erwise or a joint venturer or a member of any joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledg e, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agree ment. Therefore, Consultant shall not contract with any other entity to perform in whole o r in part the services required hereunder without the express written approval of the City. In ad dition, neither this Agreement nor any interest herein may be transfe rred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, w hether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder sha ll include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unap proved transfer, including any bankrup tcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant sha ll obtain, provide and maintain at its own expense during the term of t his Agreement, policies of insu rance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance . Consultant s hall maintain commercial g eneral liability insurance with coverage at least as broad as Insu rance Services Office form CG 00 01, in an amount not less than $ 1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and pro perty damage. The policy m ust include contractual liability that has not been amended. Any e ndorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance . Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omiss ions) insurance . Consultant shall maintain professional liability insurance that covers t he Services to be performe d in connection with this Agreement, in the minimum amount of $1,0 00,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. 01225.0001/863604.2 11
(d) Workers’ compensation insurance . Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall includ e all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverage s for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance . Co nsultant shall provide certificates of insurance to City as eviden ce of the insurance coverage require d herein, along with a waiver of subro gation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certificat ion of insurance shall be kept on fi le with City at all times during the t erm of this Agreement. City reserves the right to require complete, certified copies of al l required insurance polic ies, at any time.
(b) Duration of coverage . Consultant shall proc ure a nd maintain for the duration of this Agreement insurance against clai ms for injuries to persons or damages to property, which may arise from or in connection w ith the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herei n may be satisfied by a combination of primary and umbrella or excess insu rance. Any umbrella or excess insurance shall contain or be endorsed to contain a provisio n that such coverage shall also apply on a primary and non - contributory basis for the benefi t of City before the City’s own insu rance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specification s or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently aut horized by the Insurance C ommissioner to transact business of insurance or that is on the Li st of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise ap proved by the City’s Risk Manager.
01225.0001/863604.2 12
(f) Waiver of subrogation . All insuranc e coverage maintained or procured pursuant to this agreement shall be endorsed to waive su brogation against City, it s elected or appointed officers, agents, officials, employees and volunteers or shall specifically all ow Consultant or others providing insu rance evidence in compliance with these specifications to waive their right of recovery pr ior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract p rovisions (non -estoppel). Consultant acknowledges and agrees that an y actual or alleged failure on the part of the City to inform Consultant of non -compliance with any re quirement imposes no additional obliga tions on the City nor does it waive any rights hereunder.
(h) Requirements not limiting . Requirements of specific co verage features or limits contained in this section are not intend ed as a limitation on coverage, limi ts or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not in tended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than t he minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in e xcess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancel lation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellat ion (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of c overage for each required coverage.
(j) Additional insured status . General liability policie s sha ll provide or be endorsed to pr ovide that City and its officers, offi cials, employees, and agents, and volunteers shall be additional insureds under such polic ies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition o f undisclosed coverage limitati ons. None of the coverages required he rein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom clai m is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause . Consultant agrees to ensure that its subconsultants , subcontractors, and any other party involved with the project who is brought onto or invol ved in the project by Consultant, pr ovide the same minimum insurance cover age and endorsements required of Consultant. Consultant agrees to monitor and review all s uch coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements 01225.0001/863604.2 13
of t his section. Consultant agrees that up on request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications . The City reserves the right at any time during the term of the contract to cha nge the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Con sultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions . Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a d eductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims . Consultant sha ll give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under thi s Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional i nsurance. Consultant shall also procure and maintain, at its own c ost a nd expense, any additional kind s of insurance, which in its own judgm ent may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent perm itted by law, Consultant agrees to indemnify , defend and hold harmless the City, its officers, employe es and agents ( “Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or pro perty, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, fi rm or entity arising out of or in connection with the negligent pe rformance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful mi sconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, coven ant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connectio n with any of said claims or liabiliti es and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities ar ising out of or in connection with the negligent performance of or failure to perform such work, operations or activ ities of Consultant hereunder; and Consultant agrees to save and h old the City, its officers, agents, and employees harmless therefrom;
01225.0001/863604.2 14
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligen t performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to th e City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, includ ing but not limited to, legal costs and attorneys ’ fees.
Consultant shall incorporate simi lar indemnity agreements w ith its subcontra ctors and if it fails to do so Consultant shall be fully responsible to indemnify Cit y hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error o r omission, or reckless or willful m isconduct of Consultant in the perform ance of professional services hereunder. The provisions of this Section do not apply to cl aims or liabilities occurr ing as a result of City ’s sole negligence or willful acts or omiss ions, but, to the fullest extent permitted by law, shall apply to claims a nd liabilities resulting in part from City ’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligenc e, recklessness or willful misconduc t of the design professional . The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subco ntractors to keep, such ledgers , books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents rel ating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents sh all be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business ho urs of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and acce ss shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall pe riodically prepare and sub mit to the Project Manager such reports concerning the performance of the services required by this Ag reement as the Project Manager shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant 01225.0001/863604.2 15
agrees that if Consultant becomes aware of any facts, circumstances, techn iques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decrease d cost related thereto and , if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, d ata, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement , and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reus e, or assignment of the do cuments and materials hereunder. Any use, reuse or assignment of s uch c ompleted documents for other pr ojects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole r isk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, re use or assign ment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodi ed therein.
All subcontractors shall provide for assignment to City of any documents or mate rials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for h ire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose an y such information or work product to persons or entities other than City without prior writ ten authorization from the Project Manager.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unl ess requested by the City Attorney, voluntarily provide documents, declarations, letters of support, t estimony at depositions, response to i nterrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or w ork product in violation o f this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. 01225.0001/863604.2 16
(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontract ors be served with any summons, comp laint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement s hall be interpreted, construed and g overned both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute , claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit t o the personal jurisdiction of such court in the event of such act ion. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to cont inue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in w hich Consultant 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 Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed wit h 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 Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of t he Consultant’s default sh all 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.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising o ut of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are ne cessary to compensate City for any los ses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third par ties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear 01225.0001/863604.2 17
to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obli gations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 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 or a waiver of any subsequent breach or violation of an y provision of this Agreement.
Acceptance by City of any work or s ervices by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non -defaulting party on any d efault shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies ex pressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such ri ghts or remedies shall not preclude the exercise by it, at the same or different times, of a ny other rights or remedies for the same default or any other default by t he other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement , to obtain declaratory or injunctive relief, or to obtain any other remedy consistent wit h the purposes of this Agr eement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuan t to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Liquidated Damages.
Since the determin ation of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Consultant and its sureties shall be liable for and sh all pay to the City the sum of Zero Dollars ($0) as li quidated damages for each working day of delay in the performance of any servi ce required hereunder. The City may withhold from any monies payable on account of services performed by the Consultant any accrued liquidated damages.
7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to term inate this 01225.0001/863604.2 18
Contract at any time, with or without cau se, upon thirty (30) days’ written notice to Consultant, except that where termination i s due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Project Manager . In addition, the Consultant reserves the right to ter minate this Contract at any time, wi th or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all ser vices hereunder except such as may be specifically approved by the Project Manager. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the Project Manager , ex cept as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable val ue of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the term inating party need not provide the non -terminating party with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the prov isions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for comp letion of the services required here under exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.10 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to a ny action or proceeding in any way connected with this Agreement, the prevaili ng party in su ch action or proceeding, in addition to any other relief which may be gran ted, whether legal or equitable, shall be entitled to reasonable attorney ’s fees. Attorney’s fees shall include atto rney’s fees on any appeal, and in addition a party e ntitled to attorney’s fees shall be entitled to al l other reasonable costs for investiga ting such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be persona lly l iable to the Consultant, or any successor in interest, in the event o f any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
01225.0001/863604.2 19
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which w ould conflict in any manner with the interests of City or which would in any w ay hinder Consultant’s performance of services und er this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest sh all be employed by it as a n officer, employee, agent or sub contractor without the express wr itten consent of the Project Manager . Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interest s of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision r elating to the Agreement which affects her/his financial interest or the financial interest of any corporatio n, partnership or association in which (s)he is, d irectly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under o r through them, that there shall be no discrimination against or segregation o f, any person or gr oup of persons on account of ra ce, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure tha t applicants are employed and that e mployees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national ori gin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. , as amended, and in co nnection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized alien s for the performance of work and/or s ervices covered by this Agreement, and should any liability or sanctions be imposed agains t City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together w ith any and all costs, including attorneys ’ fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, de mand, request, document, consent, approval, or commu nication eithe r party desires or is required to gi ve to the other party or any other per son shall be in writing and either served personally or sent by prepaid, first -class mail, in the case of the City, to the City 01225.0001/863604.2 20
Manager and to the attention of the Project Manager (with her/his name and City title), City of Chino, 13220 Central Avenue, Chino, California 91710 and in the case of the Consultant, to the person(s) at the address de signated on the execution page of this Agreement. Either party may change its address by not ifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in acc ordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments heret o is the entir e, co mplete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting th is Agreement and this Agre ement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid u nless made in writing and approved by the Consultant and by the Ci ty Co uncil. The parties agree that t his requirement for written modificati ons cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the eve nt that any one or more of the phrases, sentences, clauses, paragraphs, or sections containe d in this Agreement shall be declare d invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceabili ty shall not affect any of the remaining phrases, sentences, clauses, paragrap hs, or section s of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its inva lidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of C ity participat e in any decision relating to this A greement which may affect his/her fina ncial interest or the financial interest of any corporation, partnership, or association i n which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s) he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of 01225.0001/863604.2 21
“financial interest” shall be consistent with State law and shall not include i nterests found to be “remote” or “noninterests” pursuant to Government Code Sections 109 1 or 1091.5 . Consultant warrants and represents that it has not paid or given, and will no t pay or give, to any thir d party including, but not limited to, any City offi cial, officer, or employee, any money, considerati on, or other thing of value as a resul t or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/ it has not engaged in any act(s), omission(s), or ot her conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being award ed any agreement. Consultant is aware of and under stands that any such act(s), omission( s) or other conduct resulting in such payment of money, consideration, or other thing of v alue will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, ( ii) they are duly authoriz ed to execute and deliver this Agreement on behalf o f said party, (iii) by so executing this Agreement , such party is formally bound to the provisions of this Agreement, and (iv) th at entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
01225.0001/863604.2 22
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF CHINO, a municipal corporation
Linda Reich, City Manager
ATTEST:
Natalie Gonzaga, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
ALESHIRE & WYNDER, LLP
_____________________________ _____________________________ Fred Galante, City Attorney Hye Jin Lee, Director of Public Works
CONSULTANT:
BIGGS CARDOSA ASSOCIATES, INC.:
By:
Name:
Title:
By:
Name:
Title:
Address:
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman o f the Board, President or any Vice President; and 2) Se cretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.
01225.0001/863604.2 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the Services described in Consultant’s Proposal, attached hereto as Exhibit A-1.
II. All wor k pr oduct is subjec t to review and acceptance by th e City, and mu st be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
01225.0001/863604.2 A1-1
EXHIBIT “A-1”
SCOPE OF SERVICES
TASK 1 – Project Management
The City will furnish a Project Manager (PM) to coordinate all Consultant operations with the City, including, but not limited to, tracking progress of the work and administering subcontracts. The City’s PM will provide overall project management, coordination, and supervision of project staff to facilitate the performance of the work in accordance with standards and requirements of the City and other applicable standards and requirements.
1.1 Monthly Invoicing & Progress Reporting
The Consultant will establish and apply internal account ing methods and procedures acceptable to the City for documenting and monitoring contract costs.
Assumptions: This scope assumes that the Notice Inviting Bids will be released in Fall 2026.
Deliverables: Monthly Invoices & Progress Reports
1.2 Coordination and Meetings
The Consultant shall conduct regular meetings and coordination with the City’s staff, other stakeholders and agencies in monthly Project Development Team (PDT) meetings or technical and focused meetings as necessary. The Consultant shall be responsible for preparation of agendas and meeting minutes, communication and distribution of projec t records and information, and responses to all internal requests for information about the project. PDT meetings will discuss project progress, issues, and action items. Technical meeting will be focused on specific technical issues.
Assumptions:
▪ Up to thirty-six (36) PDT meetings are included in this scope and are assumed to be conducted Virtually.
▪ The City will identify the necessary PDT members outside of the Consultant’s team. ▪ Weekly or bi -weekly meetings between the Consultant Project Ma nager and City Project Manager are assumed to be conducted virtually.
▪ Up to ten (10) meetings with utility companies are included in this scope. Up to two (2) field visits to review utilities in the field are anticipated.
Deliverables:
▪ PDT Meeting Agenda Packages
▪ PDT Meeting Minutes
1.3 Project Management Plan
A comprehensive Project Management Plan (PMP) will be prepared to communicate this Scope of Services and techni cal requirements to project participants. The PMP shall identify the procedures and technical requirements that are to be followed in developing project deliverables. The PMP shall also describe the responsibilities of each part icipant in the project. The following items shall be in the PMP:
▪ Scope of Services
01225.0001/863604.2 A1-2
▪ Log of Deliverables
o Consultant shall prepare a list of deliverables indicating the applicable Scope of Services section, dates submitted/approved, and file locations conforming t o the Project’s electronic filing system.
▪ Baseline Project Schedule
o A Critical Path Method (CPM) sched ule shall be prepared by the Consultant and shall be updated on a monthly basis. This schedule shall be included in the PMP and will serve as the baseline schedule for the Project. The schedule shall include a list of tasks and subtasks, milestones, major activities and deliverables. Agency review times of each submittal shall be included in the schedule. Issuance of needed permits shall also be included.
▪ Project Electronic Filing System
o Project files shall be indexed in accordance with Caltrans’ Project De velopment Uniform File System.
▪ CADD Procedures
o Plans shall be prepared in AutoCAD .dwg format. Plans shall be prepared according to City Standards.
▪ Invoicing Instructions
o Consultant monthly invoices shall be reported by task and shall be accompanied by a progress report. The City shall supply invoi cing requirements for inclusion in the PMP.
▪ Design Standards
o Consultant shall prepare a list of applicable design standards. Plans a nd specifications shall be prepared in accordance with current City, AASHTO, and Caltrans’ regulations, policies, procedures, manuals, and standards. o Plans, specifications, and estimates for the bridge will be prepared in accordance with 2022 Caltrans standards.
o Roadway, water, sewer, lighting, signal, landscape, traffic striping and signage, traffic control, erosion control and drainage plans shall be prepared on City standard plan and profile sheets.
▪ Health and Safety Plan
▪ General Prevailing Wage Determinations
▪ Risk Assessment Register
The PMP shall be distributed to each project participant at the beginning of the project.
Deliverables: Project Management Plan
1.4 Quality Assurance (QA) / Quality Control (QC) Plan
As part of the Quality Control Plan, the Consultant shall prepare and maintain a Quality Management System (QMS) Manual throughout performance of services. The intent is to monitor quality to ensure that reports, plans, studies, esti mates, and other deliverables submitted are complete, accurat e, checked, conform to Caltrans and City standards, and meet professional engine ering practice standards in effect at the time of execution. Consultant shall hold a training session with all proj ect participants responsible for the development and/or check ing of deliverables to ensure the appropriate procedures are followed.
01225.0001/863604.2 A1-3
Assumptions: This task contains the effort required to prepare the QMS M anual. QA/QC efforts for specific deliverables are included in the deliverable throughout the various tasks else where in this Scope of Services.
Deliverables: Quality Management System Manual.
1.5 Project Controls
The Consultant shall prepare and update the Project schedule on a monthly basis or as needed.
Project schedule shall be logical, complete, and shall pro vide to the City’s PM for review.
Consultant PM shall provide regular reporting on the project status, including, but not limited to, schedule, contract budget, general progress on project tasks, an d project issues and concerns.
Consultant shall maintain project files using the Caltrans Uniform System in electronic format.
Consultant shall be provided with a link to the City’s cloud -based system and maintain the appropriate files up to date. Within two weeks of Notice to Proceed (NTP), the Consultant will provide the City a detailed baseline schedule, indicating milestone, major activ ities and deliverables for review and comments.
Assumptions:
▪ The City’s cloud-based system will be SharePoint or similar software. ▪ This scope assumes that Consultant’s effort related to the City’s cloud -based system will be less than an average of two (2) hours per week.
▪ The project schedule will be developed in Primavera P6 format.
Deliverables:
▪ Baseline Project Schedule
▪ Baseline Budget Performance Metrics (Planned Expenditures)
TASK 2 – Prepare Base Maps and Plan Sheets
This task primarily relates to collecting available record data, performing survey a nd preparing survey and right of way base maps, and gathering utility information and preparing utility base maps.
2.1 Project Information
The Consultant shall request, collect, assemble, and review all pertinent project information, including, but not li mited to, prior project related reports and Engineering Technical Reports, Environmental Documents and En vironmental Technic al Reports, CAD files and drawings, and relevant correspondence. The Consultant shall incorporate the collected materials and inform ation into the Project Master File.
The Consultant shall research all information at the City of Chino an d gather all data in the field as necessary to complete the environmental and design phases, including but not limited to the following:
▪ Bridge inspection reports
▪ Record drawings of the existing bridge and roadway
▪ Field observations of the site, including visual inspe ctions and taking photos showing various conditions (i.e., utilities, nonstandard features)
▪ Research various technical references as necessary, including but not limited to, AASHTO LRFD Bridge Design Specifications, “Greenbook” and the Recording and Coding Guide for the Structure
01225.0001/863604.2 A1-4
Inventory and Appraisal of the Nation’s Bridges (Report No. FHWA-PD-96-001) ▪ The Consultant shall meet with City staff at the conclusion of this task to present the results of the data collection effort and report on overall progress of the project.
Assumptions:
▪ This scope assumes that the City will pay fees that may be required by external agencies to compile and transmit record data.
▪ A Caltrans Encroachment Permit is anticipated for field surveys, geote chnical borings, and potholing. Consultant will assist the City with obtaining the permit but it is assumed that the City will pay any fees that may be required.
▪ The results of the data collection effort will be presented at a PDT meeting.
Deliverables:
▪ Project Master File (Collected Data)
2.2 Engineering and Project Base Mapping Surveys
2.2.1 Survey Control
The Consultant will perform a project control su rvey based on the horizontal datum of NAD83 (North American Datum of 1983), and the vertical datum of NAVD88. Field survey c rews will be dispatched and us e a combination of GPS and conventional methods to measure and collect data at known control points surrounding the project. Five (5) permanent control points will be set within the project limits, for use during the project, and sixtee n (16) aerial target s will be set for use by Consultant’s aerial subconsultant. Data on these points will be post -processed by Consultant to generate a complete control network for the project. A Survey Control Plan will be delivered for project use.
Assumptions: Six (6) days for a two-person crew to establish survey control is assumed.
Deliverables: Survey Control Plan
2.2.2 Aerial Topography Base
The Consultant will provide aerial control and flight panel layout necessary for an aerial survey to be flown at 40-scale, with one-foot contour intervals. Aerial imagery will be collected at a resolution of 4cm and LiDAR point c loud data with an average of 20 points per square meter (ppsm) for the project site. The imagery will be collected using an Ultracam (or equivalent) digital sensor equipped with forward motion compensation. Analytical aero -triangulation will be performed. Planimetric mapping will be collected at a scale of 1" = 40'. All discernible planimetric features utilizing digital photogrammetric workstations will be collected. From the LiDAR point cloud data, a complete point cloud registration to the ground control will be collected and will classify the data to produce a bare earth DEM of the surface with 1' contours. Mapping will meet FGDC accu racy requirements for geospatial data. Digital orthorectification services will be performed for this project. Control fr om the aero -triangulation and ground survey will be used to tie the digital images to actual ground coordinates. The LiDAR bare earth DEM will be used during the digital orthorectification process to adjust each image pixel into its correct position. Deliv erables will include DTM, DEM, DWG, and TIFF image files. This is not an ABC mapping product.
01225.0001/863604.2 A1-5
Assumptions Caltrans ABC mapping requirements will not apply.
Deliverables Aerial Topography Base Map
2.2.3 Right-of-Way Base
The Consultant will perform resea rch with Caltrans and the County of San Bernardino to acquire record maps to develop monument recon calculations and to be u sed for bo undary resolution of the Caltrans right -of way along Euclid Avenue (Highway 83) from the point of tangent, south of the project area, to the point of tangent, north of the project area. Field survey crews will be dispatched to locate existing monuments along said right-of-way and centerline of Euclid Avenue. Data on these monuments will be post -processed and used in conjuncti on with record maps to develop a resolved boundary that will be incorporated into the Project Base Mapping.
Assumptions:
▪ It is anticipated that the City will procu re a Right of Way consultant. The Right of Way Team will provide Preliminary Title Reports, if necessary.
▪ Eight (8) days for a two-person crew to prepare right of way base mapping is assumed.
Deliverables:
▪ Right of Way Base Map
2.2.4 Supplemental Topographic Survey
The Consultant will dispatch field survey crews to collect design level topogra phic data on existing improvements within the areas where the raised profile will tie into existing Euclid Avenue grades to include: c urb & gutter, sidewalks, roadway surfaces, surface level utilities, drainage features, signage, fencing, striping, and any additional street furniture. Cross-sections will be taken at 25 -foot intervals, changes in direction, and grade breaks. Con sultant will also collect data for the low -flow channel at top of low -flow bank, bottom and top of high -flow banks at 30’ intervals for 120’ on either side of the existing bridge. Additionally, Consultant will perform bathymetric surveying to collect data, within the area covered by water, at 30’ intervals for 120’ on either side of the existing bridge. Consultant will process the coll ected data and prepare AutoCAD base files that will include all of the above as well as a surface with contours, break lines , and feat ure lines. Consultant will dispatch field survey crews to collect data on up to 30 soil boring locations. Data will be pos t processed and added to the topographic survey base. The Consultant shall prepare Mapping and Surveys necessary to complete all phases of the project.
Assumptions:
▪ Supplemental Topographic Surveying does not include collecting tree locations/data. ▪ This scope includes a Caltrans Encroac hment permit and Traffic Control. It is assumed that any City permits will be provided at no cost.
▪ Seven (7) days for a two-person crew for supplemental topographic survey is assumed.
Deliverables:
▪ Supplemental Topographic Survey Base Map.
01225.0001/863604.2 A1-6
2.3 Utility Research and Coordination
Once all the as -builts and record drawings from each utility agency h ave been compiled, Consultant will incorporate the existing facilities into the utility base map ping in AutoCAD format. Upon completion of the utility base mapping, Consultant will schedule and lead a meeting simultaneously with all third -party utility com panies in an “all -hands” meeting. At that meeting, Consultant will present the project and ident ify utilities needing relocation. Co nsultant will discuss the timeline for when the utility requires relocation to maintain the project schedule.
Consultant wi ll send the Utility “B” Letters along with two (2) sets of the utility composite plan prepared using the information obtained from t he cities and utility companies. With the Utility “B” Letter, Consultant will also request that they review and verify the c omposite utility plan enclosed and provide any and all future facilities they may have to be inc orporated onto our Utility Composite Plan.
All the gathered utility information will update Consultant’s comprehensive utility map and matrix that was used to supplement the project base sheets to provide a complete existing utility base. As part of the utility coordination work, Consultant will:
▪ Review and update as-built utility information
▪ Request utility mapping from all affected utility owners ▪ Update base mapping with existing utility information ▪ Submit utility maps to impacted utility owners for verification ▪ Identify potential utility conflicts
▪ Coordinate the above work with the utility owners
Once utility conflicts have been identified, and utility relocation is required, Consultant will send the Utility “C” Letters to the appropriate utility companies and notify them of the nee d for the relocation of their existing facilities, if necessary. Co nsultant will prepare the Utility Conflict Map an d Matrix to be used for the Utility Certification in conjunction with the Right of Way Certification for the E-76 Authorization for Construction per Caltrans Local Assistance requirements.
At locations where there are potential conflicts with exiting util ities, Consultant will coordinate/perform up to two days of potholing to accurately locate the existing utility both horizontally as well as vertically.
Assumptions: Two (2) days for potholing
Deliverables: Utility Correspondence, Utility Response Matrix, Utility Matrix
TASK 3 – Feasibility Study
Consultant will prepare a feasibility study to develop a conceptual design and preliminary co st estimates for the proposed improvements, and to identify constraints and concerns with respect to Right of Way, Utilities, Drainage traffic circulation and environmental issues.
Preliminary plans and profiles will be developed for two alternatives: One that accommodates the 25- year inundation pool elevation and one that accommodates the 50 -year. Various bicycle and pedestrian accommodations will be evaluated with respect to the typical section.
01225.0001/863604.2 A1-7
Preliminary cost estimates will be prepared for up to four alternatives. Results will be summarized in a Feasibility Study Report. The purpose of this document wil l be for Con sultant to assist City in determining the preferred alternative to be advanced in subsequent phases of the project.
(Optional) At the City ’s option, Consultant can prepare a scope and fee for renderings/photosimulations for alternatives being c onsidered or the selected alternative. An aerial view will be selected by the City and Consultant will use that view to prepare a photosimulation (“before” and “after” views) for the desired alternative configurations/alignments.
Assumptions:
▪ The scope anticipates that the 100-year inundation pool elevation will not be evaluated due to significant potential impacts to Prado Regional Park and Section 4(f) requirements associated with that alternative.
▪ Cost estimates will be based on approximate costs per square foot. Detailed quantity calculations / takeoffs are not anticipated at this phase. ▪ It is assumed that one (1) alternative will be progressed with one (1) conceptual exhibit, typical sections, and probable cost.
▪ Probable costs only for up to three (3) other alternatives may be prepared for comparison.
Deliverables:
▪ Preliminary Plans
▪ Preliminary Cost Estimate
▪ Feasibility Study
▪ Renderings of Alternatives (Optional)
Task 4 – Geotechnical Design Report and Other Field Studies The Consultant will perform work requir ed to perform subsurface exploration to support the Foundation design. Consultant will provide geotechnical, geologic and seismic design recommendations as w ell as geotechnical and foundation recommendations for pavement, bridge, retaining walls, and other structures, as required. Subsurface exploration work shall include proposed bridge foundations and retaining walls as required for the project.
Geotechnical Field Exploration
Caltrans is enforcing the AASHTO recommendations of a soil boring at each bridge support locations where substructure width is less than 100 feet; minimum of two borings are required per location where substructure widt h is greater than 1 00 feet. For retaining walls, a soil boring is required every 100 to 200 feet. Data obtained from some boreholes will be used for multiple design elements. Based on this information, the Consultant’s geotechnical field investigations pla n is presented in T able 4.1. The boreholes will be excavated using a truck -mounted or track -mounted drilling rig. Asp halt concrete coldpatch will be used to replace asphalt that is removed by excavations, and quick-set cement will be used to replace concrete that is removed by excavations.
Table 4.1. Proposed Soil Boring Information
Design Element Number of Borings Approximate Depth (feet) MSE Walls 10 20-50
01225.0001/863604.2 A1-8
Bridges 10 80-100
Consultant will prepare a boring location plan, and this plan will be used to secure the well permits as well as City encroachment permits. Any other permits, if required, will be secured by others.
The Consultant field personnel will collect soil samples for laboratory testing, including bulk samples of near -surface soils and sma ll disturbed and relatively undisturbed ring samples of deeper soils. 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 Penetrat ion Test (SPT) sampler and the Modified California Drive (MCD) sampler. Samples of subsurface soils will be logged du ring the field investigation, secured in their containers or co llected in plastic bags, and transported to the testing laboratory.
In addition, consultant will obtain three representative soil specimens for scour study: one at 100’ upstream, one at bridge location and one at 100’ downstream. At bridge, specimens will be collected at 1-2 ft, 5 ft, and 10 ft from a boring. At upstream and down stream, specimens will be collected using a shovel at a depth of about 1 to 2 feet below the channel bottom.
Laboratory Testing
Field logs of the boreholes will be reviewed to selec t representative soil samples for laboratory testing. Various laboratory t ests will be performed on soil samples to determine or derive their physical and engineering characteristics. Anticip ated laboratory tests include: in -situ density and moisture content, grain size, Atterberg Limits, direct shear, UU triaxial, consolidation , R-value, and soil corrosion tests. Laboratory tests will be conducted in general accordance with American Society for Testing and Materials (ASTM) standards or California Test methods.
Geotechnical Engineering Analyses
Results obtained from the field in vestigation and laboratory testing will be used to characterize subsurface soils and conditions and create idealized soil profiles for design purpose. The following analyses will be performed for the project:
▪ Evaluation of seismicity and estimation of Peak Ground Accelerations based on the Caltrans design criteria, and recommendation of ARS curves for bridge structural design. ▪ Assessment of soil liquefaction potential, seismic settlement, and lateral spreading. ▪ Foundation analysis for bridges and retaining walls.
▪ Assessment of global slope stability.
▪ Evaluation of soil corrosivity conditions and recommendations for mitigation measures. ▪ Design of pavement structural section in accordance with the Caltrans Method.
Preliminary Foundation Report
The Consultant will prepare a Preliminary Foundation Report (PFR) for the bridges to provide preliminary geotechnical information to assist structural designers in the Ty pe Selection process.
This PFR will be prepared using the available subsurface data.
Geotechnical Report
The Consultant will analyze the results and present them in the Geotechnical Report. The Geotechnical Report will be prepared to include recommendation s for design and construction of
01225.0001/863604.2 A1-9
earth retaining structures, cut and fill slopes, pavement, and drain age facilities. The report will summarize subsurface results and will provide all the geotechnical design and constru ction recommendations for the project. All comments resulting from the City of Chino review will be addressed by the Consultant and incorporated into final reports as necessary.
Assumptions:
▪ Geotechnical investigation is allowed between 7 AM and 7 PM on weekdays. ▪ No investigation of hazardous materials. If hazardous materials are encountered during the geotechnical field investigation, work will immediately be terminated and the City will be notified.
▪ If the 50-year alternative is selected and a small bridge over Pomona Rincon Road is provided, the boring depths for the proposed bridge are based on small diameter piles (24-inch or less).
▪ The boring depths for the proposed fourteen-span bridge (Euclid Avenue over Chino Creek) are based on a 6-foot diameter pile with 1,700 kip required nominal resistance. ▪ No permit fee was assumed for encroachment permits and well permits. ▪ No recommendations for sound walls, overhead signs, and soil infiltration rates. ▪ No site-specific ground motion analyses
▪ Site-specific traffic control plans are not required; WATCHBOOK will be used for traffic control plans.
▪ No pavement rehabilitation recommendations.
Deliverables:
▪ Boring Location Map
▪ Log of Test Borings
▪ Preliminary Foundation Report
▪ Geotechnical Report
Task 5 – Traffic Analysis
5.1 Meetings
The Consultant will attend up to twelve (12) meetings with the City.
5.2 Collect / Compile Traffic Data
A traffic st udy that analyzes alternatives for bridge repla cement as included in the RFP will be developed by the Consultant. The traffic study will include consideration of impacts to non - motorized transportation and pedestrian modes, prolonged temporary bridge closu re, and traffic capacity and operations. Workin g with a traffic count specialty firm, Consultant will collect a complete traffic data set for this analysis which will include weekday AM/PM peak hour movement counts and 24-hour midblock roadway segment counts.
The Consultant will prepare the following:
▪ Collect existing peak hour traffic counts for up to 20 intersections and up to 30 roadway segments, including adjacent interchanges and arterial intersections. Obtain freeway mainline peak hour volumes from Caltrans data resources such as PEMS.
▪ Compile and review recent traffic studies addressing existing and future conditions and anticipated future development within the study area.
▪ Compile information regarding cumulative development projects in the study area.
01225.0001/863604.2 A1-10
▪ Obtain and evaluate accident data to determine if the proposed improvements would address current safety issues if any.
▪ Collect /compile available daily traffic count data for the roadway segment. ▪ Compile relevant traffic model information from avail able travel demand forecasting tools , potentially including the SCAG Regional Travel Demand Model, the San Bernardino Transportation Analysis Model (SBTAM), the Riverside County Transportation Model (RIVCOM) and/or any other potentially applicable travel d emand model that would be appropriat ed for use in developing Opening Year and Design Year traffic volume forecasts.
Assumptions:
▪ City will provide available existing traffic collision data for most recent 3-year period for City roadways (min.).
▪ City will provide copies of recent traffic studies conducted for the subject area. ▪ Traffic count locations will not exceed a maximum of 20 intersections, 30 arterial roadway segments, and 8 one-way freeway segments.
Deliverables:
▪ Traffic Counts
5.3 Traffic Forecast
The Consultant will prepare traffic data forecasts suitable for the evaluation of Opening Year (e.g., year-2030) and Design Year (e.g., year -2050) traffic operational conditions within the study area.
Relevant traffic model data from sources such as SB TAM, RIVCOM, and the SCAG Regional Travel Demand Model obtained in Task 5.2 will be reviewed for applicability to the study. The review will include comparison of the traffic analysis zone structure and the input socioeconomic (SED) and/or land use data us ed by the model(s), along with the models’ roadway networks within the study area. Model SED and/or land use data will be compared to the list of cumulative projects to determine the suitability of the model(s) to account for the planned growth in the area and, if necessary, appropriate adjustments to the traffic model data will be recommended to account for the Design Year horizon.
Preliminary average daily traffic (ADT) volume forecasts will be prepared for the De sign Year horizon based on a constrained roadway network that includes the proposed 2 -lane Euclid Avenue bridge and also for an unconstrained roadway network co nsistent with current regional modeling assumptions. Other roadway improvements to assume for th e constrained roadway network, such as the number of lanes for the planned new segment of Pine Avenue, will be provided by the City. A comparison of ADT data wi ll be provided for use by the City to determine the final constrained roadway network to assume for the Design Year.
The Consultant will provide the following:
▪ Study Review and compare the traffic analysis zone (TAZ) structures for the various available travel demand forecasting models
▪ Review and compare the input socioeconomic data (SED) and / or land use data (which may be converted to SED for comparison purposes) for the various available travel demand forecasting models, as well as with the known cumulative development projects within the study area. ▪ Review and compare the roadway networks fo r the various available travel demand foreca sting models.
01225.0001/863604.2 A1-11
▪ Prepare a letter report summarizing the results of the data review process and provide recommendations re garding the most appropriate approach to developing the Design Year forecasts for use in th e transportation analysis. The letter report w ill include preliminary ADT volume forecasts for constrained and unconstrained roadway networks for the Design Year horizon.
▪ Coordinate with the City, San Bernardino County, and the City of Ontario staff thro ugh meetings and correspondence, as well as prov ide documentation and share traffic model data to obtain concurrence on the model and procedures used to develop the De sign Year traffic forecasts, such as the roadway networks assumptions to assume for Eucli d Avenue and Pine Avenue. It is anticipated that a revised methodology letter will be issued following the initial review and reconciliation of comments regarding the approach.
▪ Calculate cumulative project trip generation and estimate cumulative project trip distributions for up to 100 cumulative develo pment projects. Use the resulting information to calculate cumulative project only traffic volumes.
▪ Develop Opening Yea r peak hour traffic volumes at up to 20 existing/future study area intersections by applying ambient growth and adding traffic from cumul ative developments in the area. Estimate daily volumes using the same methodology for the various roadway segments adjacent to the study area intersections. Prepare refined future Design Year traffic fore casts at up to 20 existing/future study area interse ctions, up to up to 30 roadway segments, and up to 8 one - way freeway segments using data from the approved modeling too l/approach based on the final constrained roadway network assumptions. Refinement pro cedures will be in accordance with recognized model data refinement practices and will include checks to ensure reasonable growth compared to existing and near-term volume forecasts, as well as acceptable flow conservation and peak to daily traffic volume relationships.
▪ Prepare a letter report summarizing the draft Opening Year and Design Year traffic volume forecasts for review by the overall project team.
▪ Coordinate with the City, SCAG, San Bernardino Coun ty, and Caltrans, staff through meetings and correspondence, to obtain approval of the Opening Year an d Design Year traffic forecasts. It is anticipated that a revised forecasts letter will be issued following the initial review and reconciliation of comments regarding the draft forecasts.
Assumptions:
▪ City will provide a comprehensive listing of cumulati ve projects within the study area with descriptions of land use types and quantities at a level of detail suitable for use in estimating vehicle trip generation.
▪ The refined future Design Year traffic forecasts wil l be prepared after the City selects the f inal constrained roadway network assumptions to utilize for modeling the Design Year horizon.
Deliverables:
▪ Traffic model data review summary and preliminary ADT volume letter report ▪ Draft Opening Year and Design Year traffic volume summary report ▪ Final Opening Year and Design Year traffic volume summary report
5.4 Traffic Analysis
The Consultant will perform analysis of the following time frames/ scenarios:
▪ Existing Traffic Volumes and Roadway Network Improvements ▪ Opening Year, No Build
▪ Near Term proposed Open year for the proposed 74’ wide Bridge section with two lanes, 12 -foot
01225.0001/863604.2 A1-12
median, two 6 -foot bike lanes, two 6 -foot sidewalk with a 3 -foot buffer lane between bike lane and travel lanes and 2 -foot separation between bike lan e and sidewalk, or revised cro ss section to be determined through consultation with the City.
▪ Design Year No Build
▪ Design Year with the proposed 74’ wide Bridge section with two lanes, 12-foot median, two 6- foot bike lane, two 6 -foot sidewalk with a 3 -foot buffer lane between bike lan e and travel lanes and 2-foot separation between bike lane and sidewalk, or revised cross section to be determined through consultation with the City.
▪ Peak hour arterial intersection (up to 20, including ramp junction in tersections) and roadway segment (up to 30) levels of service will be assessed for the roadway segments and intersections identified for inclusion in the t ransportation analysis. Intersection and roadway segment level of service will be calculated using th e latest Highway Capacity Manual (HC M) level of service analysis methodologies. Vehicle storage requirements (50th and 95th percentile queues) and traffic progression will also be evaluated using the SYNCHRO analysis tool. ▪ Ramp merge/ diverge, or weaving a nalysis will be performed for AM and PM peak hour conditions per the Highway Capacity Manual methodologies. Analysis will be performed for all existing / proposed ramps within the study area (up to 18 locations). ▪ Freeway mainline segment operations analy sis (up to 8 locations) will be perform ed for AM and PM peak hour conditions per the Basic Freeway Segment methodology identified in the Highway Capacity Manu al. Long -range lane roadway segment lane requirements, intersection lane configuration requirements, and turn pocket lengths will be dete rmined. Caltrans Traffic Signal Warrants will be performed, where appropriate. Left turn operations at signalized inter sections (e. g., permitted, protected, or protected/permitted) will be recommended based on Caltr ans Highway Design Manual guidelines in compliance with FHWA. The proposed analysis will also include assessment of the vehicle -miles and vehicle hours of trav el associated with No Project and with Project conditions for the area that is affected by the proposed roadway. ▪ Alternative transportati on modes will be considered and recommendations will be developed regarding the provision of pedestrian and bicycle facilities.
Assumptions: Design Year traffic analysis will be based on the City selected final constrained roadway network assumptions.
Deliverables: Draft Technical Report.
5.5 Technical Report
The Consultant will prepare a draft transportation technical report. The transportation technical report will document the level of service analysis methodologies employed, existing traffic conditio ns, methodologies used to develop Opening Year and Design Year traffic volume forecasts, and the analysis results for a ll future time f rames. Recommended lane requirements and turn lane storage lengths will be identified in the report. The report will docu ment the improvements needed to maintain satisfactory operations for Design Year conditions for no build and build alte rnatives at the subject project and analysis area. The report will include all LOS, volume -to-capacity, queueing, VMT analysis, traffic data, and all other appropriate back-up calculations in the appendix.
Deliverables:
▪ Draft Technical Report
▪ Response to Agency Review Comments
01225.0001/863604.2 A1-13
▪ Final Technical Report
Task 6 – Permits and Agreements
The Consultant will prepare the nec essary permit application packages and supporting documents in order to obtain the necessary permits and agreements for the project which incl ude Section 408 for all modifications to the Congressionally authorized and constructed US Army Corps of Engineers (USACE) project, 404, 401, 1602 permits, as well as County encroachment permits. County and USACE real estate approvals will also be required . Consultant will provide the permit application packages to the City for review prior to submittal to regulatory agencies and will iden tify the application fees to be paid by the City. Consultant will only have discussions and negotiations with permitting agencies in consultation with the City’s Project Manager or designee.
The benefit of getting through the Caltran s relinquishment process so that this is City ROW instead of Caltrans ROW would be not to have to complete Caltrans’ CEQA/NEPA & technical st udy requirements in order to obtain an encroachment permit, which would be an extensive process.
Assumptions:
▪ The Section 404 permit would likely be a Nationwide Permit (NWP) from the USACE, for both geotechnical borings and bridge construction (piers). Should the impacts be greater than ½ acre within the Ordinary High Water Mark (OHWM) of Chino Creek and associated wetland s, an Individua l P ermit would be required, and would be outside of this scope of services, requiring additional fees and time. A long er bridge is being considered as part of design, in order to minimize fill and keep within requirements of NWP permit thre sholds of impac ts, if possible.
▪ If any compensatory mitigation is required, it is anticipated to consist of the City purchasing off-site credits. No on-site mitigation is anticipated. ▪ The project site is anticipated to be largely within waters of the US (adjacent ▪ wetlands associated with Chino Creek), which would require Clean Water Act Section 401 and 404, California Fish and Game Code Section 1602 Strea mbed Alteration Agreement, as well as 408 permissions, for both geotechnical boring activities and bridge construction. ▪ The scope and budget does not include USFWS Section 7 consultation. ▪ The City will pay all fees to the agencies for permit processing. The Consultant will ▪ identify the amounts required by the agencies at the completion of preparation of the permit applications.
▪ The City will need to coordinate with San Bernardino County Public Works (SBCPW) to prepare a new or utilize SBC PW existing Section 214 funding agreement with the USACE to identify funding necessary for USACE staff to conduct project meetings, revie ws and obtain approval for Section 408 permission for both the Geotech borings and bridge project.
Deliverables:
▪ Clean Water Act Section 404 Nationwide Permits for both geotechnical borings and bridge construction.
▪ Clean Water Act Section 401 Water Qualit y C ertifications from the Regional Water Quality Control Board, Santa Ana for both geotechnical borings and bridge construction. ▪ California Fish and Game Code Section 1602 Streambed Alteration Agreements (SAA) from the California Department of Fish and Wil dlife, Inland Deserts Region (6) for both geotechnic al borings and bridge construction.
▪ Section 408 permissions from USACE, Los Angeles District for both geotechnical
01225.0001/863604.2 A1-14
borings and bridge construction.
Task 7 – Environmental Documentation
7.1 Environmental Meetings / Project Management
The Consultant will prepar e a comprehensive draft/final environmental process schedule ( MS Project) in consultation with City staff. As conditions change during the project, the Consultant will update the schedule throughout the course of the Project, with concurrence of the City. The Consultant will attend the CEQA related meetings outlined in the deliverables.
7.2 Technical Studies
All technical studies will be consistent with meeting the requirements of CEQA and NEPA, as w ell as those of related environmental statutes and regulat ions, including local and state CEQA Guidelines, Caltrans Sta ndard Environmental Reference (SER) website, and FHWA Technical Advisory 6640.8A and to support preparation of CEQA and NEPA documentatio n. Separate CEQA and NEPA documentation is included in thi s scope of services as it streamlines the approval process through separate lead agencies. The formats to be used for the technical studies will follow the guidance available on the Caltrans SER web site as of the date that those studies are initiated. This scope of services and associated fees are based on the forma ts and guidance currently available on the Caltrans SER website and if updated prior to initiation for this project, may require a fee augmentation.
The deliverables for the technical studies wil l be electronic and will include a standardized project description, a methodology relevant to each topic area, description of the affected environment, impact assessment, and mitigation measures.
Screen checks of the technical studies will be submitted to the City, Caltrans, or USACE for review (depending on the report and the appropriate lead agency for). Revised screen checks will be submitted for City, Caltrans, or USACE review. Following the s econd review, if any outstanding comments remain, a virtual revisions workshop will be held to address. A final version of each report will be prepared and provided.
▪ Focused Southwest Pond Turtle and Sensitive Herpetology (amphibians and reptiles) Trapping/Focused Survey. This survey will include four trapping visits with active searches for other sensitive terrestrial herps potentially occurring in the project area.
▪ Focused Surveys for least Bell ’s vireo (LBVI), southwestern willow flycatcher (SWFL), and western yellow -billed cuckoo (YBCU). LBVI and SWFL surveys w ill be performed concurrently with a total of eight visits to project site. YBCU surveys require four visits.
▪ Electrofishing Survey for Santa Ana Speckled Dace and Arroyo Chub (Optional Task if impacts proposed in active channel of creek). Surveys for S anta Ana sucker are not anticipated to be needed as there a re no records in Chino Creek and habitat at project site does not appear suitable.
▪ Focused Sensitive Plant Survey. The project footprint will be systematically surveyed on foot for sensitive plan ts following standard protocols, with three different visits during the
01225.0001/863604.2 A1-15
spring and blooming period April to June.
▪ Biological Resources Assessment/Jurisdictional Delineation. The assessment will include:
literature/database review, complete survey of proj ect site and buffer, habitat assessment, jurisdictional delin eation, and report preparation. Any on -site waters/wetlands and riparian vegetation, sensitive species with potential to or that do occur , and extent of impacts will be described and mapped. The report will meet USACE requirements.
▪ Natural Environment Study. This study will follow the Caltrans Division of Environmental Analysis, Office of Biological Studies Natural Environmental Study (NES ) T emplate (August 2022)1. The NES will include the results of the focused surveys.
▪ Biological Assessment. This study will follow the Caltrans Division of Environmental Analysis, Office of Biological Studies, Standard Biological Assessment (BA) and Essent ial Fish Habitat Assessment Template (June 2020) for Caltra ns Federal Endangered Species Act (FESA) Section 7 Consultations: National Marine Fisheries Service and US Fish and Wildlife Service (USFWS). The BA will include the results of the focused surveys, effects of action, cumulative effects, and species and critical habitat determination.
▪ Cultural Resources Assessment. The evaluation will include the following tasks:
literature/database review through the South Central Coastal information Center at UC, Riverside, a systematic field survey of 100% of accessible project footprint to identify any prehistoric and historic a rchaeological, and/or historic architectural resources, negative findings are anticipated. record any cultural resources on Dept. of Park and Recreation (DPR) 523 forms. Prepare report consistent with Section 106 of the National Historic Preservation Act (NHPA). The report will meet USACE and City requirements.
▪ Historic Property Survey Report (HSPR). The study will follow the Caltrans HSPR template (June 2022). The Consultant will coordinate wit h the City to develop the Area of Potential Effects (APE) and map for Caltrans review and comment. The HSPR will also document consultation with interested parties.
▪ Archaeological Survey Report (ASR ). The study will be prepared by a professionally - qualified archaeologist, document the studies undertaken to demonstra te the presence or absence of archaeological resources within the APE (absence anticipated). The ASR will be an attachment to the HSPR.
▪ Air Quality/Greenhouse Gas/ Energy/Noise Analysis. The construction related air quality, greenhouse gas (GHG), energy a nd noise impacts from demolition, import/export of fill dirt, mass grading, paving, concrete pouring, etc. will be identified utilizing the latest version of CalEEMod and FHWA Road Construction Noise Model. The results of the emissions output data, energy consumption, and noise modeling will be provided. An Air Quality Conformity Applicability Analysis to the Federal Clean Air Act will be prepared in accordance with USACE guidance.
▪ Air Quality Study Report (AQSR). The Caltrans Air Quality Conformity Analysis (AQCA) Findings Checklist will be prepared to determine scope of analysis and identify interagency
01225.0001/863604.2 A1-16
consultation. Construction emiss ions w ill be analyzed following Caltrans and SCAQMD guidance. The project will be evaluated for conformity with SCAG’s RTP /SCS and Federal Transportation Improvement Program. The Consultant will assist with preparation of the SCAG Transportation Conformity Working Group (TCWG) form. Pollutant carbon monoxide (CO) “hotspots” and Mobile Source Air Toxics (MSATs) will be address ed using FHWA guidance. Prepare cover letter for submittal to FHWA. An Air Quality, Greenhouse Gas (GHG) and Energy analysis will be p repared and results provided in memorandums to support CEQA.
▪ Noise Study Report (NSR). The study will follow the Caltrans NSR template and will include analysis of noise impacts and potential noise abatement in a Noise Abatement Decision Report (NADR) in accordance with FHWA procedures and Caltrans protocol. A noise study workplan that outlines all field survey and modeling requirements will be prepared and submitted to Caltrans District 8 Noise Specialist. A field noise survey will be conducted to assess ex isting noise conditions at up to six locations. Traffic noise modeling will be conducted using FHWA Traffic Noise Model (TNM) Version 3.0. A NADR (optional task) would be prepared if noise abatement is required and would evaluate the feasibility and reasonableness of noise abatement options. A noise analysis will be prepared for the project to meet the City of Chino noise standards and results provided in a memorandum to support CEQA.
▪ Community Impact Assessment (CIA). This study will follow the Caltrans C IA template (July 2022) and will include preparation of the CIA scoping checklist and a CIA memo. As there are no commu nities in the immediate vicinity of the project site, it is not anticipated a full CIA would need to be prepared.
▪ Visual Impact Assessme nt (VIA). Caltrans’ VIA Questionnaire and Visual Impact Assessment for Minor Level VIA Report will be prepared, visual simulations are not anticipated to be needed/required.
7.3 CEQA Initial Study / Mitigated Negative Declaration (IS/MND) The project site is currently 2 lanes and would continue to be 2 lanes, and as such would not be considered a capacity improvement whic h would require associated traffic/ vehicle miles traveled (VMT) analysis. The City’s General Plan (GP) 2025 (July 2010) designates Eucli d A venue as an Expressway with 8 lanes (4 in each direction) with a wide median without parking. The City is currently in the process of updating its GP, which is expected to be completed in the summer of 2024. It is anticipated Euclid Avenue would remain designated as 8 -lane Expressway in the GP update and any future striping to widen the bridge to 4 lanes (2 in each dire ction) would be anticipated to be covered by the General Plan Update and associated Environmental Impact Report (EIR), if it were to be completed after certification of the GP Update EIR.
The Consultant will prepare an Administrative Draft Initial Study/ Mitigated Negative Declaration to determine if the Project will have a significant effect on the environment, using the City of Chino and/or CEQA Guidelines checklist. The document will include a brief explanation of the significance determination, based o n information obtained from reports and preliminary investigation into local, state and federal plans, policies and regulations and resul ts of the technical studies. The Consultant will address the City’s comments, utilizing MS Word “track changes” to assi st the City’s review.
01225.0001/863604.2 A1-17
Upon conclusion of the public review period, Consultant will prepare written responses to comment letters or emails submitted to the City. Consultant will prepare thorough, reasoned, and appropriate responses to relevant environmental issues. Upon completion of these Responses to Comments they will be submitted to the City for review and for finalizing for considerati on by City Council. The Consultant will also prepare the CEQA required notices for City to review and assist with all noticing and posting requirements, including with the San Bernardino County Clerk and the State Clearinghouse.
7.4 USACE NEPA Environmental Assessment (EA) – Geotechnical Borings The Consultant will prepare an Administrative Draft Environmental Assessment (EA) to determine if the Project will have a significant effect on the environment, using USACE LA District procedures and policies, whic h w ill contain a description of the Project as it pertains to the Section 408 permission and Section 404 permit, the Pr oject location, and a description of the environmental setting of the Project site. The document will include a brief explanation of the significance determination, based on information obtained from reports and preliminary investigation into local, state and federal plans, policies and regulations and results of the technical studies. The Consultant will address USACE’s comments, utilizing MS Word “track changes” to assist the USACE’s review.
Upon conclusion of the public review period, Consultant will pr epare written responses to commen t letters or emails submitted to the USACE. Consultant will prepare thorough, reasoned, and appropriate responses to relevant environmental issues. Upon completion of these Responses to Comments they will be submitted to th e USACE for review. Upon USACE ap proval of the Project and certification of the EA, Consultant will provide the final document.
7.5 USACE NEPA Environmental Assessment (EA) – Construction The Consultant will prepare an Administrative Draft Environmental Assessment (EA) to determine if the Project will have a significant effect on the environment, using USACE LA District procedures and poli cies, which will contain a description of the Project as it pertains to the Section 408 permission and Section 404 perm it, the Project location, and a des cription of the environmental setting of the Project site. The document will include a brief explanat ion of the significance determination, based on information obtained from reports and preliminary investigation into lo cal, state and federal plans, polic ies and regulations and results of the technical studies. The Consultant will address USACE’s comments, utilizing MS Word “track changes” to assist the USACE’s review.
Upon conclusion of the public review period, Consulta nt will prepare written responses t o comment letters or emails submitted to the USACE. Consultant will prepare thorough, reasoned, and appropriate responses to relevant environmental issues. Upon completion of these Responses to Comments they will be submi tted to the USACE for review. Upon USACE approval of the Project and certification of the EA, Consultant will provide the final document.
7.6 Caltrans NEPA Environmental Assessment (EA)
As it is unknown when the Caltrans relinquishment would be complete, an encroachment permit from Caltrans may be required and federal funding is anticipated, which requires Caltrans supporting environmental documentation. This scope of services includes preparation of Caltrans’ Standard Environmental Reference (SER) and sup porting technical studies as outlined above. USACE and Caltrans are both NEPA lead agencies for different actions, as such this scope of services includes preparation of separate NEPA documentation, consistent with each agency’s requirements, in order to s treamline their review process. The Consultant will meet with USACE early in the environmental/permitting process, to discuss if USACE wo uld allow Caltrans to be the sole NEPA lead agency and accept the NEPA supporting technical studies that follow Caltran s
01225.0001/863604.2 A1-18
formatting/requirements, which would significantly reduce the NEPA scope and fees.
The Consultant will prepare an Administrative Draft Environmental Assessment (EA) using Caltrans’ NEPA Only EA Writing Template (February 2023). The Consultant will addre ss Caltrans’ comments, utilizing MS Word “track changes” to assist Caltrans’ review. Upon conclusion of the public review period, Consult ant will prepar e written responses to comment letters or emails submitted to Caltrans. Consultant will prepare thorough , reasoned, and appropriate responses to relevant environmental issues. Upon completion of these Responses to Comments they will be submitted to the Caltrans’ for review. Upon Caltrans’ approval of the Project and certification of the EA, Consultant will provide the final document.
Assumptions:
▪ Access to the site will be provided to the Consultant by the City prior to the initiation of any environmental work.
▪ Biological and Cultural Resources Assessments assume evaluation of the bridge replacement footprint only and does not include potential offsite borrow sites. At such time any off site borrow sites are identified, addendums to these rep orts can be provided with a scope and budget amendment to address
▪ No prehistoric and historic archaeological and/or historic architectural resources are anticipated to be found during the cultural resources pedestrian survey of project site, if any are fou nd, a scope and budget amendment would be needed.
▪ Respond to one (1) consolidated set of comments for up to 2 rounds of comments are assumed/will be addressed. Consultant has budgeted responses for up to three (3) “significant” comments on the USACE EA and up to three (3) “significant” comments on the Caltrans EA and any additional significant comments will require scope modification. It is anticipated, responses to comments will consist primarily of minor editorial revisions to the USACE or Caltrans EA, ho wever it is not anticipated that major revisions or new analysis would be required. ▪ VMT analysis is not warranted as Eu clid Ave at the project site will remain a 2-lane facility and the project is not a capacity improvement, requiring associated traffic/ v ehicle miles travel ed (VMT) analysis.
▪ All potential impacts to the environment identified in the CEQA Guidelines Checklist can be mitigated to below significant levels; if not, an Environmental Impact Report (not included in this Scope of Services) would be required.
▪ The CEQA/NEPA processing effort will commence with the completion of a detailed project description that ha s been reviewed and approved by the City staff. If the project description for the project changes after initiation of the CEQA/ NEPA pr ocessing, addi tional effort will be necessary and a budget amendment may be required.
▪ Official government to government Native American Consultation is not included in this scope of work.
▪ The City will procure a Public Outreach consultant who would assist with developing a draft/final public outreach plan, develop the mailing list, distribution of the IS/MND and EAs, facil itate public meetings, prepare meeting materials, record and docume nt the meetings, provide any needed translator(s), etc.
▪ This proposal is based on the level of effort anticipated to be needed based on experience on recent projects and with the current federal and state laws, policies, and requirements in place at the time of this proposal. If new laws or policies are enacted subsequent t o the preparation of this proposal, additional effort and associated budget may be
01225.0001/863604.2 A1-19
required.
Deliverables:
▪ Meetings: C EQA Kick -off and up to 7 meetings with City/Caltrans/USACE Draft and Revised Technical Study Reports (electronic copy)
▪ Admin Draft and Revised Admin Draft (electronic copy). Public Review of IS/MND (5 hardcopies and electronic copy)
▪ Draft and Revised Draft Responses to Comments, and Final IS/MND (electronic copy) ▪ IS/MND Noticing on behalf of City of Chino
▪ Admin Draft and Revised Admin Draft (electronic copy). Public Review of USACE EA- Geotechnical Borings (10 CD copies and electronic copy) ▪ Draft and Revised Draft Responses to Comments, and Final USACE EA -Geotechnical Borin gs (electronic copy)
▪ EA Noticing on behalf of USACE -Geotechnical Borings Admin Draft and Revised Admin Draft (electronic). Public Review of USACE EA-Construction (10 CD copies and electronic copy) ▪ Draft and Revised Draft Responses to Comments, and Fina l USACE EA-Construction (electronic copy)
▪ EA Noticing on behalf of USACE-Construction
▪ Admin Draft and Revised Admin Draft (electronic copy). Public Review of Caltrans EA (10 CD copies and electronic copy)
▪ Draft and Revised Draft Responses to Comments, and Final Caltrans EA (electronic copy) ▪ EA Noticing in support of Caltrans
Task 8 – Prepare Plans, Specifications, And Estimate
The Consultant will prepare the Plans, Specifications, and Estimate s (PS&E) for the Project following the most current Caltr ans Highway Design Manual, Caltrans Standard Plans and City of Chino requirements, as appropriate. All bridge and roadway calculations, analyses and design will be performed using Caltrans current standards and requirements.
This task shall include detaile d engineering calculations, quantities, design, construction plans, specifications and special provisions and engineer’s construction cost estimate for the project that will enable the City to advertise and award the construction contract for the project.
The responsible Consultant/Engineer shall sign all Plans, Specifications, and Estimates (PS&E) and engineering data furnished by him/her, and where appropriate, indicate his/her California registra tion number. The Consultant shall prepare and furnish Speci al Provisions for items of work included in the plans which are not covered in the Standard Specifications, Caltrans -approved standard special provisions, and City approved standard special provisions.
QA/QC activities for plans, specifications, calculations, etc. are included in the various items of work. Independent checking of deliverables is required. This scope does not anticipate responding to or incorporating potential modifications resultin g from a Value Analysis (VA) study. Should that become a requirement, Consultant will work with the City to determine the magnitude of th e VA- suggested changes and any associated extra work.
8.1 Plans
01225.0001/863604.2 A1-20
Roadway
Preparation of the plans for the Highway PS&E submittal shall include, but not be limited to, the preparation of the following roadway sheets (the number of sheets assumed are in parentheses):
- Title Sheet (1) - Typical Cross Sections (2)
- Roadway/Geometric Layouts/Horizontal Control (3/0/3) - Demolition Plans (3) - Profile and Superelevation Sheets (3) - Construction Details (4) - Contour Grading Plans (4) - Utility & Utility Relocatio n Plans (4)
- Stage Construction Plans/Traffic Handling Plans (6) - Drainage Plans (2) - Signing and Pavement Delineation Plans (3) - Electrical Plans/Roadway Lighting (3)
Structures
The Consultant will prepare t he structural plans for the project followin g the most current Caltrans bridge design manuals, AASHTO LRFD Bridge Design Specifica tions and Caltrans Standard Plans as appropriate. Preparation of the Structural plan set shall include, but not be limited to the preparation of the following structural sheets:
- General Plan - Typical Cross Sections
- Foundation Plans - Bridge Construction Details
- Retaining Wall Plans - Demolition Plans
- Stage Construction Plans
Structural calculations used to devel op the bridge and retaining wall plans shall be submit ted at the 65% and 95% milestones and updated as required beyond the 95% mi lestone. The 65% calculations (Draft) shall undergo a cursory QA/QC review and shall submit copies to City for peer review. The 95% (Final) calculations shall be fully checked and reconciled with the Independent Checker.
Supplemental calculations will be submitted at 100% as needed.
Assumptions:
▪ Structural calculations will be unchecked at the 65% milestone and will undergo an independent check at the subsequent milestone.
▪ Assumes two precast / prestressed girder bridges and six MSE walls ▪ Consultant will coordinate with up to (three) dry utility owners for future expansion of their services.
Deliverables:
▪ 65% Plans
▪ 95% Plans
▪ 100% Plans
8.2 Specifications
The Consultant shall prepare the Special Provisions for items of work included in the plans which are
01225.0001/863604.2 A1-21
not covered in the Standard Specifications, Caltrans -approved standard special provisions, and City approved standard special provisions. Special Provisio ns will be outlined at the 65% PS&E submittal, complete at the 95% PS&E submittal, and updated to ad dress comments at the 100% PS&E submittal.
Assumptions:
▪ Technical Specifications and Special Provisions shall be prepared in Microsoft Word format. ▪ General Conditions (boilerplate) shall be provided and prepared by the City. ▪ Consultant will provide input on technical requirements necessary for project -specific updates to the General Conditions.
▪ Special Conditions will be develope d to communic ate unique requirements (e.g. permit requirements and coordination with USACE) to the contractor. ▪ Technical Specifications shall reference Greenbook and Caltrans Standards where applicable. It is assumed that roadway/civil items will follow Gr eenbook stand ards, and structural items wil l follow Caltrans standards. Technical specifications will reference these standards, with project- specific modifications as appropriate. Bid items will be numerically tied to the appropriate specification section.
Deliverables:
▪ 65% Specifications (Outline)
▪ 95% Specifications
▪ 100% Specifications
8.3 Estimate
Throughout development of the PS&E, the Consultant shall update the preliminary cost estimate.
For construction costs, Consultant shall provide detailed project quantity estimates and cost estimates with the 65%, 95%, and 100% PS&E submittals. Bid Schedules shall also be provide d with each line item referenced to a payment item in the Specifications.
In addition to construction cost, overall capital costs (including right-of-way and soft costs) shall also be provided at each milestone. Costs other than construction costs will req uire input and direction from the City and the City’s Right-of-Way Consultant.
Assumptions:
▪ Cost estimates shall be prepared in MS Excel format.
▪ Cost estimates will be on a unit cost basis. Detailed breakdowns that separate material and labor are not anticipated.
▪ Caltrans Contract Cost Data, recent bids, and Consultant’s experience on similar projects will be used to determine unit c osts. Use of other references (e.g. RSMeans) are not anticipated for this Scope of Services will be used.
Deliverables:
▪ 65% Cost Estimate, Quantities, and Bid Schedule
▪ 95% Cost Estimate, Quantities, and Bid Schedule
▪ 100% Cost Estimate, Quantities, and Bid Schedule
01225.0001/863604.2 A1-22
Task 9 – Quantities and Estimates
Refer to Task 8 for Quantities and Estimate.
Task 10 – Transportation Management Plan
The Consultant will prepar e the Draft and Final Transportation Management Plan (TMP) in accordance with current Caltrans procedures a nd guidelines. The TMP will identify specific measures that can be taken during construction to reduce impacts to th e traveling public due to Project construction and to provide travel through and around the work area.
TMP elements to be con sidered for t he project include, but are not limited to public awareness and notification campaign, advance construction signage, peak hour restrictions on lane cl osures, restrictions on work hours and days of the week, suggested alternate routes with loca l arterial an d trails signing (signed detours), portable changeable message signs, temporary traffic control devices, signs and b arricades, project phasing, and co ntingency planning. The TMP will emphasize minimizing roadway capacity reductions and closur es on Euclid Avenue during construction and maintaining acceptable roadway and intersection operation on all roadways impacted by any construction detours, as necessary.
Assumptions: This scope does not include impl ementation of a public awareness campaign or attending public meetings during the project construction phase.
Deliverables: Transportation Management Plan.
Task 11 – Hydrology and Hydraulics (H&H) Report
The Consultant will prepare both hydrologic and hydraulic analyses in support of the requi red drainage structures. Hydraulic studies will include estimated scour depths at piers and abutments of the proposed structures. Probable depth of scour shall be determined by subsurface exploration and hydraulic studies using HEC - 18 for general guidance . For culvert systems, additional backwater curve analysis and inlet/outlet scour will need to be studied as well.
Based on the hydrology and hydraulic information, appropriate drainage systems will be identified and incorporated into the roadway and Brid ge design, including any channel under crossings needed and roadway drainage systems. Design of drainage faciliti es will conform to applicable current City, County, and/or Army Corps of Engineers (ACOE) standards and current Best Management Practices in conformance with the requirements of the Regional Water Quality Control Board.
Consultant anticipates that the Rese rvoir Operations of ACOE Los Angeles District will require the preparation of a Hydraulic Impact Memorandum to demonstrate that the embankment s and improved crossings will allow water to backflow in the reservoir without impediment. The proposed improvements will not impact the reservoir operations, including the federal project on the Santa Ana River Mainstream. Consultant will prepare a two -dimensional (2D) hydraulic analysis using HEC - RAS2D to identify potential backwater and storage effects within the basin from 1,00 0 linear-feet downstream of the proposed bridge to the Chino Creek Levees. The 2D hydraulic analysis will also include the pro posed improve ments to Pine Avenue for consistency. A one -dimensional (1D), steady-state, bed adjustment analysis will be perform ed to determine if increased deposition or excessive scour will occur with the proposed design.
01225.0001/863604.2 A1-23
The overall Hydraulics Report will identif y strategies and requirements for use by the design engineer to prepare the structural plan sheets.
The Consultant will prepare a Water Quality Management Plan (WQMP) using the Santa Ana Region template for Public Transportation Projects. Th e implementation of implementing structural LID BMPs within the right-of-way will be evaluated based on the principles of the EPA Guidance.
Deliverables:
▪ Hydrology and Hydraulics Report
▪ Water Quality Management Plan
▪ No Adverse Impact Memorandum to USACE
TASK 12 – PREPARE FINAL PS&E PACKAGE
The Consultant will prepare for distribution the final combined roadway and structural PS&E package for final review by the City, and other stakeholders. The Consultant will address comments received and incorporate ch anges as appr opriate in the final combined PS&E package as well as perform final QA/QC of the entire package.
As part of the final combined PS&E package, the Consultant will provide a constructability review of the project. Under this task, an independent reviewer, provided by the Consultant, shall perform a review and certify the quality of the package and that the plans are const ructible. The independent reviewer shall submit a stamped report to the City summarizing its review and certifyi ng the constructability of the plans and that the final combined PS&E package is biddable. The independent reviewer shall be a registered Professional Engineer in the State of California. The Consultant will be responsible for completion of the final combined PS&E package in a manner where there is sufficient time to address comments during the independent review and finalize the PS&E package with in the project schedule.
The constructability review will include a review of the PS&E to evaluate constructabil ity concerns (e.g. crane pl acement for girder erection), ensure that permit requirements are adhered to, evaluate payment clauses for completeness and suggest revisions to mitigate claims and change orders, etc. A meeting will be held with Consultant and C ity staff to r eview finding s and recommend items for incorporation into the PS&E. Results will be summarized in a brief report with a reconcile d Comment Resolution Matrix attached.
Assumptions: This scope assumes that the City will not have the Construct ion M anagement team perform a constructability review in addition to the const ructability review that Consultant will Perform.
Deliverables:
▪ Independent Constructability Review.
▪ Final PS&E Submittal.
Task 13 – Contract Bid Documents (Ready To List)
The Consultant will assist the City in the preparation of the Issued for Bid Submittal. Consultant will provide signed Technical Specifications and Special Provisions and will assist the City with technical
01225.0001/863604.2 A1-24
input on revisions to the City’s boilerplate Notice Inviting Bids an d General Conditions, for which the City will lead the preparation of.
Once advertised, Consultant will attend the pre -bid meet ing and assist in responding to bidder inquiries and issue addenda as necessary.
After the construction contract is awarded, Co nsultant wil l prepare an Issued for Construction Submittal (aka Conformed Set) of clean contract documents that incorporate any bid addendums.
Assumptions:
▪ Consultant’s scope is limited to providing technical guidance and assistance with assembling the Issued for Bid package. City will primarily lead the preparation of the Notice Inviting Bids and General Provisions. Bond and insurance requirements, review of contractor litigation history, etc. will not be prepared by Consultant.
▪ This scope includes assistance with responding to up to thirty (30) bidder questions. ▪ Preparation of one (1) bid addenda for plans/specifications to addre ss bidder inquiries and provide clarification is included in this scope.
Deliverables:
▪ Issued for Bid Submittal.
▪ Pre-Bid Meeting Attendance.
▪ Responses to Bidder Questions.
▪ Bid Addenda Preparation.
▪ Issued for Construction Submittal.
Task 14 – Engineering Support During Construction
The Consultant will prov ide Technical Support to the City and City’s Construction Management Team during construction. Consultant shall assist with following:
▪ Provide professional engineering services to address and respond to Requests for Information (RFIs) from the contractor.
▪ Review shop drawing and material submittals.
▪ Prepare supplementary sketches and details as required to resolve field construction problems that may be encountered.
▪ Review and provide recommendations regarding proposed change orders (as needed). ▪ Attend the pre -construction meeting and additional office or construction site meeting s during construction.
Assumptions:
▪ Up to 75 RFIs are included in this scope.
▪ Up to 25 reviews of shop drawing and submittals are included in this scope. ▪ Attendance at up to 12 week ly progress meetings with the City and their Construction Management Team are included in this scope. Consultant will participate virtually or via teleconference in these meetings.
▪ Up to 6 field visits / construction site meetings are included in this scope. ▪ Visits to Site and Observation of Construction: Consultant will make vi sits as directed by City in order to observe the progress of the work. Such observations will not be e xhaustive or extend to
01225.0001/863604.2 A1-25
every aspect of Contractor's work. Observations will to be limited to spot checking, selective measurement, and similar methods of general observation. Based on information obtained during site visits, Consultant will evaluate wheth er Contractor's work is gen erally proceeding in accordance with the Contract Documents, and Consultant will keep City informed of the general progress of the work.
▪ Consultant will not supervise, direct, or have control over Contractor's work, nor shall Consultant have authority to s top the Work or have responsibility for the means, methods, techniques, equipment choice and usage, schedules, or procedures of construction selected by Contractor, for safety programs incident to Contractor's work, or for any failure of Contractor to comply with any laws. Consultant does not guarantee the performance of any Contractor and has no responsibility for Contractor's failure to perform its work in accordance with the Contract Documents. ▪ Recommendations with Resp ect to Defective Work: Consultant w ill recommend to City that Contractor's work be disapproved and rejected while it is in progress if, on the basis of its observations, Consu ltant believes that such work will not produce a completed Project that generally conforms to the Contract Documents.
▪ Clarifications and Interpretations: Consultant will respond to reasonable and appropriate Contractor requests for information and issue ne cessary clarifications and interpretations of the Contract Documents. Any orde rs authorizing variations from the Con tract Documents will be made by City.
▪ Change Orders: Consultant may recommend Change Orders to the City and will review and make recommendations related to Change Orders submitted or proposed by the Contractor. ▪ Shop Drawings and Samples: Consultant will re view and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is req uired to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, schedules, or procedures of construction or to related safety programs. ▪ Substitutes and "or-equal.": Consultant will evaluate and determine the acceptability of substitute or "or-equal" materials and equipment proposed by Contractor in accor dance with the Contract Documents.
▪ Inspections and Tests: Consultant may require special inspections or tests of Contractor's work as Consultant deems appropriate and may receive and rev iew certificates of inspections within Consultant’s area of respons ibility or of tests and approvals required by laws or the Con tract Documents. Consultant’s review of certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not be an independe nt evaluation that the content or procedures of such inspecti ons, tests, or approvals comply with the requirements of the Contract Documents. Consultant shall be entitled to rely on the results of such tests.
▪ Limitations of Responsibility: Consultant shall not be responsible for the acts or omissions of any Contractor, or of a ny of their subcontractors, suppliers, or of any other individual or entity performing or furnishing the work. Consu ltant shall not have responsibility to stop or direct the work of any Contractor.
▪ Disagreements between City and Contractor: Co nsultant will, if requested by City, render written decision on all claims of City and Contractor relating to the acceptability of Contractor's work or the interpretation of the requiremen ts of the Contract Documents. In rendering decisions, Consultant shall be fair and not show partiality to City or Contractor and shall not be liable in connection with any decision rendered in good faith.
01225.0001/863604.2 A1-26
Deliverables:
▪ RFI Reviews and Responses
▪ Shop Drawing and Submittal Reviews
▪ Weekly Progress Meeting Attendance
▪ Site Visits / Observations
TASK 15 – PROJECT CLOSEOUT
The Consultant will coordinate with the Construction Management Team and/or Re sident Engineer to develop as-built plans in accordance with Caltrans and City Standards. Work includes the transfer of redline plan mark -ups to the Issue d for Construction contract plans. As -built plans and CADD files will be transmitted to the City. The Consultant will complete this t ask within 30 Calendar days of receipt of red-line mark-ups.
Consultant will upload all necessary electronic files (including CADD files) to the City’s cloud-based system for the City’s records.
Assumptions: Red-line markup s will be provided to Consultant by the City ’s Construction Management Team/ Resident Engineer.
Deliverables:
▪ As-Built Plans (CADD and PDF)
▪ Electronic Project File Transmittal for City Records
01225.0001/863604.2 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
01225.0001/863604.2 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall be compensated for the services provided under this Agreement in accordance with the budget and rates provided in Exhibit “C-1”.
II. Within the budgeted amounts for each Task, and with the approval of t he Project Manager, funds may be shi fted from one Task subbudget to another so long as the Contract Su m is not exceeded per Sectio n 2.1, unless Additional Services are approved per Section 1.10.
III. The City will compensate Consultant for the Services performed upon submission of a valid invoice, as described in Section 2.4.
IV. The total compe nsation for the Services shall not exce ed the Contract Sum, as provided in Section 2.1 of this Agreement.
01225.0001/863604.2 C1-1
EXHIBIT “C-1”
Fee Summary
The Biggs Cardosa Team’s total proposed not-to-exceed fee to deliver the Scope of Services is $3,944,225.34.
01225.0001/863604.2 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all servic es and del iver all work produ cts timely in accordance with the schedule attached hereto as Exhibit “D-1”. *Finalized deadline dates will be contingent upon actualized project schedules, which shall be approved by the Project Managers. Consultant will coordinate with City and Project staff to ensure timely completion of services and adherence to approved task schedules.
II. The Project M anager may approve extensions for performance o f the s ervices in accordance with Section 3.2.