Project Name/No.: ST243 Euclid Bridge Environmental Contract No.: ______________ Public Outreach
Project Manager: PW/ A. Espinoza Approved: _____5/20/2025____ 01225.0001/863604.2 (Long Form)
AGREEMENT FOR SERVICES
BETWEEN THE CITY OF CHINO AND
ARELLANO ASSOCIATES
THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 20th day of May, 2025 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and Arellano Associates , a California Corporatio n (“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 for 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 particularly 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 performance 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 consideration of the mutual 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 thorough, competent, and 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, 01225.0001/863604.2 2
experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “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 governmental 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 California 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 and 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 Relations (“DIR”) . Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages . Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code 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 party on request. By initiating any work under this Agreement, 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 Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each 01225.0001/863604.2 3
calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined 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 comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify 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 Code Sections 1777.5, 1777.6 , and 1777.7 and California Code of Regulations T itle 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable 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 Work Day . Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound 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, forfeit twenty -five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess 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 will be required to secure the payment of compensation to its employees if it has employees. By executing 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 Code which require every employer to be insured against liability 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 of this contract.”
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(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers 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 at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and 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 executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of 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, or other computer technology, Consultant represents 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 under this Agreement is compatible, 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.
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The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance 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 agree 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 reasonably 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 Municipal 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 said adjustments are subject to the written approval of the Consultant. Any increase in compensation for extra work shall require the approval of City Council unless the City Council has previously authorized the City Manager to approve an increase in compensation and the amount of the increase does not exceed such authorization. It is expressly understood by Consultant that the provisions of this Section 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 costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion 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 any, which are made a part hereof are set forth in the “Special Requirements ” 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 Compensation ” attached hereto as Exhibit “C” and 01225.0001/863604.2 6
incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Four Hu ndred Ninety -Nine Thousand Nine Hundred Eighty-Three Dollars and Zero Cents ($499,983.00) (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 services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks , (b) contract retention is maintained, 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 include 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 facilitate 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 original invoice for all work performed and expenses incurred during the preceding month 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 the 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 other approved reimbursable expenses claimed, with supporting documentation.
(d) Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. 01225.0001/863604.2 7
(e) If this Agreement requires prevailing wages, per Section 1.4 of the Agreement, all invoices shall include a copy of Consultant’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR.
Consultant shall also submit a list of the prevailing wage rates 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 the Agreement, Consultant shall submit a new list of rates to the City 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 its 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 agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period . In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant 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 Agreement 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 Agreement may be contingent upon State budget approval; receipt of funds from, and/or obligation of funds by the State of California to City; or inclusion of sufficient funding for the services hereunder in the budget approved by Chino City Council for each fiscal year covered by this Agreement. If such approval, funding or appropriations are 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 perform 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 time 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, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify 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 conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension 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 full force and effect until completion of the services , which shall be no later than June 30, 2029, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
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 were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be 01225.0001/863604.2 9
under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities 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 services required under this Agreement.
Consultant shall notify City of any changes in Consultant’s staff 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 manner, 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 manner 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 retirement, health care or any other benefits which may otherwise accrue to City ’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Project Manager.
The Project Manager shall be Albert Espinoza, Deputy PW Director/City Engineer, 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 must 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 City 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 or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, 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 and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or 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 to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.
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4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall 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 unapproved transfer, including any bankruptcy 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 shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance . Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance 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 property damage. The policy must include contractual liability that has not been amended. Any endorsement 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 & omissions) insurance . Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 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 include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages 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 . Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage . Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with 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 herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of City before the City’s own insurance 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 specifications 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 authorized by the Insurance Commissioner to transact business of insurance or that is on the List 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 approved by the City’s Risk Manager.
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(f) Waiver of subrogation . All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior 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 any actual or alleged failure on the part of the City to inform Consultant of non -compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting . Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits 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 intended 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 the 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 excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation . Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status . General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations . None of the coverages required herein 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 claim 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 involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements 01225.0001/863604.2 13
of this section. Consultant agrees that upon 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 change 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 Consultant 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 deductible. Self -insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims . Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance . Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify , defend and hold harmless the City, its officers, employees 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 property, 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, firm or entity arising out of or in connection with the negligent performance 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 misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities 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 arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
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(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 negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the 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, including but not limited to, legal costs and attorneys ’ fees.
Consultant shall incorporate similar indemnity agreements with its subcontra ctors and if it fails to do so Consultant shall be fully responsible to indemnify City 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 or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City ’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and 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 negligence, recklessness or willful misconduct 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 subcontractors to keep, such ledgers , books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating 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 shall 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 hours 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 access 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 periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement 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, techniques, 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 decreased 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, data, 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, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, re use or assignment . Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein.
All subcontractors shall provide for assignment to City of any documents or materials 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 hire ” 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 any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided 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 work product in violation of 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 subcontractors be served with any summons, complaint, 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 shall be interpreted, construed and governed 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 to the personal jurisdiction of such court in the event of such action. 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 continue 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 which 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 with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If 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 the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, 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 obligations 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 any provision of this Agreement.
Acceptance by City of any work or services 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 default 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 expressly 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 rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the 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 with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant 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 determination 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 shall pay to the City the sum of Zero Dollars and Zero Cents ($0.00) as liquidated damages for each working day of delay in the performance of any service 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 terminate this 01225.0001/863604.2 18
Contract at any time, with or without cause, upon thirty (30) days ’ written notice to Consultant, except that where termination is 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 terminate this Contract at any time, with 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 services 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 , except 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 value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating 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 provisions 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 completion of the services required hereunder 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 any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney ’s fees. Attorney’s fees shall include attorney ’s fees on any appeal, and in addition a party entitled to attorney ’s fees shall be entitled to all other reasonable costs for investigating 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 personally liable to the Consultant, or any successor in interest, in the event of 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.
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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 would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or sub contractor without the express written 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 interests 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 a ffects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly 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 or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, 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 that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, 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 connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against 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 with any and all costs, including attorneys ’ fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person 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 designated on the execution page of this Agreement. Either party may change its address by notifying 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 accordance 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 hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement 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 unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections 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 invalidity 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 City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he i s 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 interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5 . Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result 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 other 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 awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value 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 authorized to execute and deliver this Agreement on behalf of 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]
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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, PE, Department Director
CONSULTANT:
ARELLANO ASSOCIATES:
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 of the Board, President or any Vice President; and 2) Secretary, 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 work product is subject to review and acceptance by the City, and must 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 Work
Task A: Project Management & Administration
AA will work closely with the City and Environmental Consultant to collaborate on a successful public involvement program to actively promote project awareness, achieve CEQA environmental outreach objectives, and facilitate project team efficiency and product delivery.
AA will participate in a project kick -off meeting, monthly Project Development Team (PDT) meetings and other outreach focused meetings, as needed, to coordinate and time outreach objectives and scheduling with that of the team and technical objectives.
Deliverables:
▪ Participation in project kick-off meeting
▪ Participation in monthly PDT Meetings (up to 18x)
▪ Participation in outreach coordination meetings (up to 12x)
Task B: Database and Public Participation Plan
B.1 Stakeholder Database, Logs & Email and Helpline
AA will develop a stakeholder database to facilitate active participation from property owners, residents, businesses, schools, chambers of commerce, major employers, city offices, elected officials, news media, community -based organizations, transportation and transit agencies, emergency responders, utility providers and other identified stakeholders that may have interest in the project. The database will be updated on a regular basis and/or as needed by the City, such as after meetings or inquiries. The City shall provide existing contact lists to be included in the database at the start of the project. AA will also develop an Engagement Log to track the meetings, events and other activities conducted on behalf of the project. AA will develop a project email and/or helpline to enable the public to contact the team should they have any questions or comments. A Comment and Inquiry Log will also be developed to track these inputs and others received outside of coordinated engagements. AA will respond to all inquiries within three business days, with responses approved by the City.
B.2 Public Participation Plan
AA will coordinate with the City to develop a comprehensive Public Participation Plan (PPP).
AA understands the City’s commitment to a comprehensive outreach program that provides project stakeholders with the necessary tools and resources to be educated, informed and to provide valuable input at key milestones. The PPP will build on this scope and will develop outreach strategies for consensus -building public involvement strategies and techniques to encourage participation from stakeholders and provide opp ortunities to provide input. AA will use City input and community research to implement an outreach plan tailored to the demographics and composition of the City. Following approval of the PPP, AA will take the lead 01225.0001/863604.2 A1-2
in executing the defined tasks, while working closely with the City for review/approval of all materials. See Sections C & D for details on planned messaging, collateral, and engagements.
Deliverables:
▪ Draft, final, and maintain a contact database
▪ Develop and maintain an Engagement Log, Comment and Inquiry Log ▪ Set-up and monitor a project email account and telephone helpline ▪ Draft and final Public Participation Plan
Task C: Collateral Materials
C.1 Website and Interactive StoryMap
AA will develop a project-specific website to provide information on the project description, purpose and benefits, and schedule and it will host all collateral materials and meeting presentations. The website will have a unique domain name and an easy -to-read design and format. AA will work with the City to ensure it is properly linked on the City’ s homepage as well as on a project -specific webpage that will link out to the separate project website. The website will have a link for visitors to comment on the project and ask to be included in the project database. Regular maintenance will be conducted to ensure the information is kept up to date. AA will coordinate directly with City staff to complete this task.
In addition, AA will collaborate with City staff to develop and maintain an interactive project StoryMap that compliments the webpage by using geography as a means of organizing and presenting information, such as design concepts. The StoryMap will also serve as a hub for collateral resources, share meeting announcements, and offer links to surveys, reports and other materials. AA will submit content, graphics, design, and layout recommendations in line with existing City guidelines for approval before anything is posted online.
C.2 Collateral Materials
AA will draft and finalize collateral materials to ensure that consistent, accurate, easy to understand information is provided to the public. Collateral material will be used to build awareness, educate the community about the project, and solicit input as part of the engagement process for the EIR. Materials will be developed in hard copy and digital formats and made available at public meetings, pop -up event booths, briefings, presentations, City counters and posted to the project website. Development of materials will be supported by the City, Army Corps of Engineers, Caltrans, and the San Bernardino County Transportation Agency. To ensure access to non -English speaking members of the community, collateral will be provided in English, Spanish, and Mandarin. These include the following:
Project Fact Sheet: will include a project description, schedule, map and contact information Frequently Asked Questions (FAQs): will provide common questions regarding the environmental process and the project in general, along with responses 01225.0001/863604.2 A1-3
Key Messaging: will be developed to provide internal guidance to the team and support consistent and clear messages to key stakeholders and the public Branding: clear and eye -catching branding will be developed by AA to visually communicate the project and ensure a consistent look throughout all materials that is consistent with City design standards
Branded Kit of Parts: design templates for presentation and notification materials, including PowerPoint, display boards, postcards, flyers, posters, eblasts, social media widgets, and more.
All templates and resulting deliverables will be reviewed and approved by the City before distribution to the public.
Deliverables:
▪ Develop content and maintain a project website with City staff ▪ Develop and maintain a StoryMap as an expansion of the project webpage ▪ Draft, design and final Fact Sheet and FAQs with up to one round of updates ▪ Draft and finalize key messaging with up to one round of updates ▪ Design project branding and a branded kit of parts to support presentation and notification efforts
▪ Translation of materials and online tools to Spanish and Mandarin
C.3 Survey
AA will collaborate with the City and Environmental Consultant to develop an online community survey, using Typeform, SurveyMonkey or the similar platform to assess community preference and encourage stakeholders to sign -up for future project updates. The survey will be conducted at the time of scoping and be supported by the same notification campaign. As with other project resources, the survey will be made available in English, Spanish and Mandarin language formats and will be designed in print form as well to increase participation at events.
Deliverables:
▪ Draft and final survey questions and execution
▪ Translate and design print and online surveys in English, Spanish and Mandarin
Task D: Environmental Phase
AA will lead the planning, notification, and execution of Scoping Meetings and Public Hearings, support the Environmental Consultant with the Notice of Preparation and Notice of Availability, aid in the collection and summarization of comments received during official comment periods, and provide notification for the release of the Final EIR. AA will develop work plans for scoping, release of the Draft EIR, and release of the Final EIR, and confer with the City to ensure accuracy and timing. Work plans will outline notification, meeting schedule, format, notification tools, meeting materials, timeline, logistics and staffing. AA will also support the Environmental Consultant to develop meeting presentations, display boards, and other content as needed to support public engagement. Public meetings are recommended to be hosted in City facilities that 01225.0001/863604.2 A1-4
are ADA -accessible. All meetings will offer simultaneous interpretation in Spanish and Mandarin as well as at least one court reporter to provide official transcriptions. Spanish - speaking AA staff will be present at each meeting. Because Euclid Avenue is utilized by both locals and commuters from other cities traversing the highway, AA recommends additional measures be taken to generate interest in the project. For example, a video recording could be prepared for each milestone presentation that is uploaded to the project website and distributed through notifications to create greater awareness and engagement. However, AA will remain flexible to the needs of the City and open to switch to virtual webinars for any of the planned meetings. This would allow for the capture of a virtual meeting video and provide greater accessibility to participate in the meeting process.
D.1 Scoping Meetings, Notifications & Outreach Report
The outreach team will execute two in -person public scoping meetings and will prepare all notifications, including traditional and digital methods, such as postcards, flyers, eblast, and social media. Meeting execution will include preparation of a site layout, logistic plan, collaboration on the agenda and presentation materials, and on -site preparations and staffing.
Additional in -meeting activities will also be considered to create fun and interactive opportunities to participate and collect public input. AA will develop a summary report capturing the details of the meetings and comments received. As part of the meeting facilitation process, AA will support the review of the Notice of Preparation and provide feedback and additional support, if needed. AA will also coordinate translation of materials into Spanish and Mandarin to better improve accessibility. The meeting format will be compliant with CEQA, including featuring a court reporter to document public comments.
D.2 Public Hearings, Notifications & Outreach Report
The outreach team will execute two in -person public scoping meetings and will prepare all notifications, including traditional and digital methods, such as postcards, flyers, eblast, and social media. Meeting execution will include preparation of a site layout, logistic plan, collaboration on the agenda and presentation materials, and on -site preparations and staffing.
Additional in -meeting activities will also be considered to create fun and interactive opportunities to participate and collect public input. AA will develop a summary report capturing the details of the meetings and comments received. As part of the meeting facilitation process, AA will support the review of the Notice of Completion/Notice of Availability and provide feedback and additional support, if needed. AA will also coordinate translation of materials into Spanish and Mandarin to better improve accessibility. The meeting format will be compliant with CEQA, including featuring a court reporter to document public comments.
D.3 Final EIR Notification Support
Upon the release of the Final EIR, AA will distribute a round of notifications to inform stakeholders of the document’s availability. Note: It is assumed that the Environmental Consultant will provide copies of the Final EIR for distribution to repository sites.
AA will develop and execute three rounds of notifications for:
01225.0001/863604.2 A1-5
1) Distribution of the survey, Notice of Preparation and scoping 2) Release of the Draft EIR and upcoming public hearings; and 3) Availability of the Final EIR.
Public notifications will be translated into Spanish and Mandarin and will include the following:
Direct Mail – AA is prepared to conduct a direct mail campaign of postcards or flyers (up to 1,000 pieces) for each round of notification.
E-blasts – Extremely cost-effective method to reach email contacts in the project database.
Social Media Posts and Reels – Social media has proven to be a cost -effective strategy for instant public information and for generating community input. AA will utilize the existing City social media accounts to increase public awareness and participation. Content will include organic posts, events, and video Reels. Reels will be an essential tool leading up to public meetings, as audiences are more likely to engage with video over stagnant images. AA will work closely with the City to ensure that the content is posted in a timely manner to engage City residents and its followers.
Flyers and Posters – AA will develop content and design flyers to promote the scoping meetings and public hearings. These will be provided to the City to distribute to city facilities.
These may also be offered to key stakeholders to share with their communities.
Print Advertisements – Display newspaper ads will be published to announce scoping and Public Hearings.
Digital Advertisements – Geotargeted social media ads can be programmed to reach local residents, businesses, and commuters.
News releases – AA will support the City in developing a news release in advance of each round of meetings. Electronic Communications Toolkit – AA will distribute messaging to promote public meetings to neighboring cities, other agencies, active community groups, and key stakeholders to enable them to share with their communities and increase the reach of notification.
The Chino Link – AA will develop short blurbs or articles to be featured in the City’s electronic newsletter.
Repository Sites – Hard copy notification materials can be disseminated via City Hall, Chamber of Commerce, local schools, libraries, etc.
D.4 Information Booths and Pop-up Events
AA will plan and coordinate opportunities to engage with the public through informational community events and/or pop -up booths prior to key environmental milestones, including scoping and release of the Draft EIR. AA will coordinate up to four (4) pop -ups to build project awareness and educate the public about the project’s progress and ways to become involved in 01225.0001/863604.2 A1-6
the environmental process. Events will include two staff members available to answer questions and educate the public, an information table with collateral material, and potentially a laptop or tablet to display the project website, survey and other online resources.
AA will work with City staff to coordinate events that will reach and engage a broad range of residents. By going out and meeting with people where they already congregate, the team will be able to reach diverse, underserved segments of the public that may be affected by the project.
Bilingual staff and materials will be on -hand to improve accessibility to project information.
Possible event locations include:
▪ Concert in the Park
▪ Farmers Markets
▪ Back-to-School Nights
▪ Sports League Opening Days
▪ Cultural/Ethnic Celebrations
D.5 Support at City Meetings
AA will attend up to two (2) Infrastructure Committee Meetings, two (2) Planning Commission Meetings, and four (4) City Council meetings to support the technical team and respond to outreach-related questions from city representatives or members of the public. All meetings will be added to the Engagement Log for the project’s public record.
Deliverables:
▪ Develop work plans for scoping, release of the Draft EIR, and release of Final EIR (up to 3)
▪ Coordination, logistics, staffing (up to 4) and execution of Scoping meetings, up to 2 ▪ Coordination, logistics, staffing (up to 4) and execution of Public Hearings, up to 2 ▪ Development and execution of mailings, distribution of flyers and posters at public repository sites, and display advertisements, up to 2 times (scoping and hearings only) ▪ Development and distribution of digital notification, including eblasts, e -communications toolkits, news releases, and newsletter blurbs (up to 3 rounds) ▪ Development of social media posting calendars for City’s existing accounts, up to 3 rounds
▪ Development of social media video reels, up to 6
▪ Develop meeting materials, including agenda, handouts, and miscellaneous materials, such as sign-in sheets, comment cards, etc. in English, Spanish and Mandarin, as needed ▪ Support development and design of presentations and print exhibit boards, up to 15 per meeting round
▪ Coordination of simultaneous interpretation in Spanish and Mandarin, up to 4 meetings ▪ Reserve court reporters, up to 4 meetings
▪ Conduct community / pop-up events, up to 4
▪ Provide staffing, with at least 1 Spanish-speaking staffer per meeting and event ▪ Prepare and facilitate all logistics, in coordination with City staff ▪ Draft and final summary report for Scoping Meetings and for Public Hearings, up to 2 ▪ Attend two (2) Infrastructure Committee Meetings
01225.0001/863604.2 A1-7
▪ Attend two (2) Planning Commission Meetings
▪ Attend four (4) City Council Meetings
Task E: Final Design Phase
E.1 Final Design Community Meeting & Notifications
AA will host one community meeting during the final design phase to present the complete design and status for the upcoming construction plan. The meeting will provide a presentation that will include an overview of the project purpose, benefits, design features, staging, access and detours, and how to remain informed. The meeting will feature an “open house” at the start of the meeting as well as after the presentation to provide a space for attendees to speak with project team members one-on-one and ask questions and view exhibits in greater detail.
AA will oversee logistics, including meeting scheduling, preparation and distribution of notices, trilingual (English, Spanish, Mandarin) staffing, meeting set -up and clean-up, meeting materials (sign-in sheets, comment cards, name badges and directional signage), photography, and refreshments. A notification campaign using traditional and digital methods will also be developed and executed to encourage participation.
E.2 Final Public Involvement Summary Report
With the completion of the Final Design Meeting, AA will develop a comprehensive Public Involvement Summary Report that documents the whole of the project, including the addition of prior engagement summaries in an appendix.
Deliverables:
▪ Develop a work plan
▪ Coordination, logistics, staffing (up to 4) and execution of one (1) community meeting ▪ Development and distribution of notification materials, including mailings, eblasts, social media, flyers and posters, advertisements, e -communications toolkit, news releases, and newsletter blurbs
▪ Develop meeting materials, including agenda, handouts, and miscellaneous materials, such as sign-in sheets, comment cards, etc. in English, Spanish and Mandarin, as needed ▪ Support the design and development of the presentation and print exhibit boards (not to exceed 40)
▪ Provide simultaneous interpretation for Spanish and Mandarin in meeting ▪ Draft and final Public Involvement Summary Report
Task F: Construction Phase (36 months)
AA will carry over the experience gained from supporting the environmental phase to complete the proposed scope to serve the construction phase. AA will support weekly meetings with the City and construction contractor, provide regular email communications to project stakeholders, distribute construction notices, capture progress on video, and execute a groundbreaking and ribbon-cutting event.
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The outreach team will maintain the project database throughout the life of the project.
AA will maintain the project helpline for residents and stakeholders to call in with questions on construction, which AA staff will monitor daily. AA will also maintain an inquiry log to note all inquiries received during the construction phase and will develop and distribute regular construction notices, including 55 -hour weekend closures. These notices will include detour maps and all relevant details to inform local residents public and commuters of potential impacts. The outreach team will coordinate and facilitate up to four (4) virtual briefings with groups of key stakeholders prior to 55 -hour weekend closures to ensure they are informed of the upcoming work, traffic impacts, detours, and other mitigations in place. Additionally, the outreach team will lead planning and execution of a groundbreaking event and ribbon -cutting event at the conclusion of major construction. AA will lead notification, vendor coordination, development of invitations and other collateral, talking points, and press releases.
As a way to visually document construction progress, AA will coordinate video recording sessions of the existing site conditions prior to construction and key construction milestones to capture the full “before and after” of the project. Footage can be taken with hand-held cameras as well as a drone, as AA has the equipment and technical video production expertise in -house. These videos can be tailored for promotion on social media via a full-length video or Reels.
Deliverables:
▪ Participate in weekly team meetings, up to 156
▪ Develop and distribute bi-weekly update eblasts, up to 78 ▪ Develop and distribute street closure notices, including detour maps ▪ Provide regular website updates with construction updates ▪ Develop and maintain an inquiry log and telephone helpline ▪ Maintain the project contact database
▪ Lead virtual briefings with key stakeholders prior to 55 -hour weekend closures, up to 4
▪ Update collateral materials
▪ Plan and execute a Groundbreaking event
▪ Plan and execute a Ribbon-cutting event
▪ Develop news releases, up to 15
▪ Develop monthly content for the Chino Link newsletter with construction updates, up to 36
▪ Capture video recordings before the start of major construction and during major key milestones and video development, up to 12
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 the Project Manager, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 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 compensation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.
Project No. ST243 Euclid Avenue Bridge
Environmental Public Outreach
Duration: 18 months for Environmental Phase; 36 months for Construction Phase Revised
Task Description Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost A+ Project Management & Administration
(incl. 31 mtgs; kick-off, up to 18x PDT, and
up to 12x outreach coordination mtgs)
5 1,161.60$ 40 6,653$ - -$ 80 11,616$ - -$ - -$ - -$ - -$ - -$ 125 19,430.40$ B+ Database and Public Participation Plan
B.1 Stakeholder Database, Engagement Log,
Comment & Inquiry Log, and Project Email/Phone)
- -$ 5 832$ - -$ - -$ 15 1,940$ - -$ - -$ 50 4,620$ 70 5,174$ 140 12,566.40$ B.2 Public Participation Plan (PPP) 1 232.32$ 2 333$ - -$ 10 1,452$ 15 1,940$ - -$ 2 195$ - -$ - -$ 30 4,152.72$ C+ Collateral Materials
C.1 Website & StoryMap - -$ 5 832$ - -$ 30 4,356$ 40 5,174$ 5 726$ 25 2,442$ 20 1,848$ - -$ 125 15,378.00$ C.2 Collateral Materials (Branding, Fact Sheet, FAQ, & Key Messaging)
- -$ 5 832$ - -$ 15 2,178$ 20 2,587$ 25 3,630$ - -$ 30 2,772$ - -$ 95 11,998.80$ C.3 Survey and Analysis - -$ 5 832$ - -$ 5 726$ 20 2,587$ 10 1,452$ 20 1,954$ - -$ 25 1,848$ 85 9,398.40$ D+ Environmental Phase
D.1 Scoping Meetings, Notifications & Outreach Report (up to 2x mtg & 1x rpt)
4 929.28$ 15 2,495$ - -$ 40 5,808$ 60 7,762$ 10 1,452$ -$ 70 6,468$ 70 5,174$ 269 30,088.08$ D.2 Public Hearings, Notifications & Outreach Report (up to 2x mtg & 1x rpt)
4 929.28$ 15 2,495$ - -$ 40 5,808$ 60 7,762$ 10 1,452$ -$ 70 6,468$ 70 5,174$ 269 30,088.08$ D.3 Final EIR Notification Support 2 464.64$ 5 832$ - -$ 10 1,452$ 30 3,881$ 5 726$ 5 488$ 35 3,234$ 20 1,478$ 112 12,555.84$ D.4 Community/Pop-ups Events (up to 4x) - -$ - -$ - -$ 5 726$ 15 1,940$ - -$ - -$ 40 3,696$ 40 2,957$ 100 9,319.20$ D.5 Support at City Meetings (up to 8x) - -$ 5 832$ - -$ 15 2,178$ 20 2,587$ - -$ - -$ - -$ - -$ 40 5,596.80$ E+ Final Design Phase
E.1 Final Design Community Meeting (up to 1x) 2 464.64$ 8 1,331$ - -$ 20 2,904$ 35 4,528$ 10 1,452$ - -$ 45 4,158$ 40 2,957$ 160 17,793.60$ E.2 Final Public Involvement Summary Report - -$ 5 832$ - -$ 20 2,904$ - -$ - -$ - -$ 15 1,386$ - -$ 40 5,121.60$ 18 4,181.76$ 115 19,126.80$ - -$ 290 42,108.00$ 330 42,688.80$ 75 10,890.00$ 52 5,079.36$ 375 34,650.00$ 335 24,763.20$ 1,590 183,487.92$ F+ Construction Outreach (36 mo)
Team Coordination - -$ - -$ 75 14,850$ - -$ 75 9,702$ - -$ - -$ 75 6,930$ - -$ 225 31,482.00$ Construction Meetings (up to 156x) - -$ - -$ - -$ - -$ 156 20,180$ - -$ - -$ - -$ - -$ 156 20,180.16$ Virtual Briefings (up to 4x) - -$ - -$ 20 3,960$ - -$ 20 2,587$ - -$ - -$ 20 1,848$ - -$ 60 8,395.20$ Stakeholder Communications (incl. database,
logs, & inquiries)
- -$ - -$ 40 7,920$ - -$ 140 18,110$ - -$ - -$ 170 15,708$ - -$ 350 41,738.40$ Collateral - -$ - -$ 5 990$ - -$ 20 2,587$ 20 2,904$ - -$ 20 1,848$ - -$ 65 8,329.20$ Notices and Digital Communications (bi-weekly) - -$ - -$ 50 9,900$ - -$ 120 15,523$ 50 7,260$ - -$ 234 21,622$ - -$ 454 54,304.80$ Groundbreaking - -$ - -$ 20 3,960$ - -$ 50 6,468$ 20 2,904$ - -$ 60 5,544$ 70 5,174$ 220 24,050.40$ Ribbon Cutting - -$ - -$ 20 3,960$ - -$ 50 6,468$ 20 2,904$ - -$ 60 5,544$ 70 5,174$ 220 24,050.40$ Videography and Editing - -$ - -$ 15 2,970$ - -$ 40 5,174$ 100 14,520$ - -$ 125 11,550$ - -$ 280 34,214.40$ - -$ - -$ 245 48,510.00$ - -$ 671 86,800.56$ 210 30,492.00$ - -$ 764 70,593.60$ 140 10,348.80$ 2,030 246,744.96$ 18 4,181.76$ 115 19,126.80$ 245 48,510.00$ 290 42,108.00$ 1,001 129,489.36$ 285 41,382.00$ 52 5,079.36$ 1,139 105,243.60$ 475 35,112.00$ 3,620 430,232.88$ ESTIMATED DIRECT COSTS**
Environmental Phase
Public Notice Printing and Delivery (amount not to exceed) 3,000.00$ General Printing (up to 30x boards, fact sheet, flyers, posters, etc.) Assumes production of up to 30x graphic display boards for public meetings and events and multi-language handouts for meetings, events and public counters. 7,500.00$ Online Communication Tools (web hosting, survey, helpline, etc.) Assumes the City will establish a helpline for the project that AA will support ongoing management and updates. 500.00$ Advertisements Assumes cooridination of up to 6x newsprint ads to compliment the Environmental Consultant's legal notification process. Remaining budget will be allocated to digital social media ads. 10,000.00$ Translation (Spanish and Mandarin) Assumes collateral, notifications and misc. materials will be translated in Spanish and Mandarin, as needed. 3,500.00$ Interpretation (Spanish and Mandarin; up to 5x mtgs) Assumes Spanish and Mandarin simultaneous interpretation for each public meeting. 6,000.00$ Court Reporters (up to 4x) Assumes the use of court reporter at both scoping meetings and public hearings. 6,000.00$ Event Registration Fees (up to 4x) Assumes event fees of up to $500; up to 4 events 2,000.00$ Misc. Supplies, Refreshments & Participation Incentives 600.00$ Mileage/Parking 300.00$
DIRECT COST SUB-TOTAL - Environmental Phase 39,400.00$
Construction Phase
Public Notice Printing and Delivery (amount not to exceed) 3,000.00$ General Printing 7,000.00$
Online Communication Tools (web hosting, survey, etc.) 500.00$ Translation (Spanish and Mandarin)* Assumes only collateral will be translated into Mandarin. 2,000.00$ Drone Vendor 12,500.00$
Vendor Fees for Events 5,000.00$
Mileage/Parking 350.00$
DIRECT COST SUB-TOTAL - Construction Phase 30,350.00$
TOTAL DIRECT COST 69,750.00$
TOTAL PROPOSED BUDGET 499,982.88$
ADDITIONAL ASSUMPTIONS
Assumes PDT and outreach coordination meetings will be held virtually, except for kick-off meeting which may be held in-person.
Assumes AA will prepare outreach agenda items for inclusion in up to 18x PDT meeting agendas and prepare outreach coordination meeting agendas and minutes for up to 12x meetings.
Assumes the City and Environmental Consultant shall provide known contact lists to aid in the development of the Stakeholder Database.
Assumes AA will create project branding and design templates, including but not limited to project logo, PowerPoint, display boards, eblast header, social media widgets, e-communication toolkits, etc.
C.3 Assumes the use of Typeform or similar preference survey platform and that the survey will occur in tandem with a meeting notification campaign.
Assumes City will provide facility for public meetings
Assumes public meetings will be held in-person, in open house format and require the support of up to 4x staff per meeting, but AA will remain flexible to convert to virtual meeting format if the City so chooses.
Assumes AA will support the NOP and NOA distributions.
Assumes AA will coordinate with the City to distribute posts and possibly digital ads through the City's social media pages. * Fully Burdened rate is inclusive of 140.00% overhead and 10% fee ** To be billed at actual cost.
+ Tasks to be used for monthly invoicing.
TOTAL
LABOR SUBTOTAL - Construction Phase
LABOR TOTAL
City of Chino
3/31/2025
LABOR COSTS Edgar Gutierrez Jason Jackson Margaret Meadows Yvette Ximenez Matt Evans Kyle Santiago Keven Michel A
B.1
D.1, D.2 &
E.1
Assumes the Environmental Consultant or City will prepare all legal notices (including but not limited to NOP and NOC/NOA), shall afford legal ads, shall distribute copies of the EIR to public counters, and shall deliver legal documents/filings, such as with the County Clerk and Clearing House as required by CEQA.
Sr. Project Coordinator Creative Lead Tech Coordinator Project Coordinator Ast. Project CoordinatorPrincipal-in-Charge Env. Phs. Project Mgr. Cnstr. Phs. Project Mgr. Deputy Project Manager LABOR SUBTOTAL - Environmental Phase
EXHBIT C-1
C1-1
01225.0001/863604.2 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services and deliver all work products timely in accordance with the schedule attached hereto as Exhibit “D-1”.
II. The Project Manager may approve extensions for performance of the services in accordance with Section 3.2.
01225.0001/863604.2 D1-1 EXHIBIT “D-1”
SCHEDULE