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Exhibit 4 - Professional Services Agreement with Alta Planning + Design Inc

Corona City Council
July 3, 2024

Document
Exhibit 4 - Professional Services Agreement with Alta Planning + Design Inc
Meeting
July 3, 2024
Body
Corona City Council
Original file
17.7 MB
Text extracted from the city's file for reading and search. Open the original on corona.legistar1.com. That file is the official record.

RFP No. 23-022AS
City of Corona Green Alleys Project
CA\DD\02000.50101\1401461.15
(CITY ATTY: 05-19)

CITY OF CORONA

PROFESSIONAL SERVICES AGREEMENT
WITH ALTA PLANNING + DESIGN, INC.
(CIVIL DESIGN AND PROJECT MANAGEMENT SERVICES – CITY OF CORONA GREEN ALLEYS PROJECT, RFP 23-022AS)

1. PARTIES AND DATE.

This Agreement is made and entered into this 15th day of February, 2023 (“Effective Date”) by and between the City of Corona, a municipal corporation organized under the laws of the State of California with its principal place of business at 400 South Vicentia Avenue, Corona, California 92882 (“City”) and Alta Planning + Design, Inc., a California corporation with its principal place of business at 617 W. 7th Street, Suite 1103, Los Angeles, CA 90017 (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.

Consultant represents that it is experienced in providing civil design and project management services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such services for the City of Corona Green Alleys Project, RFP 23-022AS (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional civil design and project management services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules, and regulations.

DocuSign Envelope ID: 7B507FAF-4FE6-46FC-9A72-EDD8BD9E6098 DocuSign Envelope ID: EC26CB5F-285C-4A71-8B8E-7475D19AA8B9 RFP No. 23-022AS
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3.1.2 Term. The term of this Agreement shall be from March 1, 2023 to May 17, 2024 (“Term”), unless earlier terminated as provided herein. Consultant shall complete the Services within the Term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the Term of this Agreement one or more times by executing a written amendment pursuant to Section 3.6.8 below (each a “Renewal Term”).The terms “Term” and “Renewal Term” may sometimes be generally and collectively referred to as “Term” in this Agreement.

3.2 Responsibilities of Consultant.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant retains the right to perform similar or different services for others during the Term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services within the Term of this Agreement, in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference, and in accordance with any other completion schedule or milestones which may be separately agreed upon in writing by the Parties. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All Services performed by Consultant shall be subject to the approval of City.

3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City.

DocuSign Envelope ID: 7B507FAF-4FE6-46FC-9A72-EDD8BD9E6098 DocuSign Envelope ID: EC26CB5F-285C-4A71-8B8E-7475D19AA8B9 RFP No. 23-022AS
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The key personnel for performance of this Agreement are as follows: James Powell, Vincent Hellens, Markos Legesse, Adrian Esteban, and Scott Shepard.

3.2.5 City’s Representative. The City hereby designates Savat Khamphou, Public Works Director/City Engineer, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.6 Consultant’s Representative. Consultant hereby designates Vincent Hellens, or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant agrees that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the Term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.9 Laws and Regulations; Employee/Labor Certifications. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work or Services knowing them to be contrary to such laws, rules and regulations and without DocuSign Envelope ID: 7B507FAF-4FE6-46FC-9A72-EDD8BD9E6098 DocuSign Envelope ID: EC26CB5F-285C-4A71-8B8E-7475D19AA8B9 RFP No. 23-022AS
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giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.9.1 Employment Eligibility; Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant.

Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the Term of the Agreement. Consultant shall avoid any violation of any such law during the Term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.9 or any of its subsections.

3.2.9.2 Employment Eligibility; Subcontractors, Consultants, Subsubcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work or Services relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section

3.2.9.1. 3.2.9.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, subsubcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.9.1 or 3.2.9.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.2.9.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.2.9.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance DocuSign Envelope ID: 7B507FAF-4FE6-46FC-9A72-EDD8BD9E6098 DocuSign Envelope ID: EC26CB5F-285C-4A71-8B8E-7475D19AA8B9 RFP No. 23-022AS
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in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.2.9.5 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.2.9.6 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuelpowered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.2.10 Insurance.

3.2.10.1 Time for Compliance. Promptly following the Effective Date of this Agreement, but in no event before Consultant commences any Services under this Agreement, Consultant shall provide evidence satisfactory to the City that it has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subconsultants.

Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned); and (3) Workers’ DocuSign Envelope ID: 7B507FAF-4FE6-46FC-9A72-EDD8BD9E6098 DocuSign Envelope ID: EC26CB5F-285C-4A71-8B8E-7475D19AA8B9 RFP No. 23-022AS
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Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 minimum; per occurrence for bodily injury, personal injury, advertising injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability:
$1,000,000 minimum; per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 minimum; per accident for bodily injury or disease.

3.2.10.3 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate minimum; per claim.

3.2.10.4 Insurance Endorsements. The insurance policies shall contain or be endorsed (amended) to include the following provisions:
(A) General Liability. The general liability policy shall state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to liability arising out of work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection therewith (the endorsement form shall be at least as broad as ISO Form CG 20 10 11 85 or both CG 20 37 and one of the following: CG 20 10, CG 20 26, CG 20 33 or CG 20 38); and (2) the insurance coverage shall be primary insurance coverage as respects the City, its directors, officials, officers, employees, agents, and volunteers (the endorsement form shall be at least as broad as ISO CG 20 01 04 13). Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.
(B) Waiver of Subrogation – Workers’ Compensation and
Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work or Services performed by the Consultant. (C) All Coverages. If Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City is entitled to the broader coverage and/or higher limits maintained by Consultant. Thus, any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

DocuSign Envelope ID: 7B507FAF-4FE6-46FC-9A72-EDD8BD9E6098 DocuSign Envelope ID: EC26CB5F-285C-4A71-8B8E-7475D19AA8B9 RFP No. 23-022AS
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3.2.10.5 Other Provisions; Endorsements Preferred. Consultant shall endeavor to provide endorsements regarding the following provisions, but nonetheless understands, acknowledges and agrees that the following provisions shall apply and that failure to comply shall be considered to be a breach of this Agreement by Consultant:
(A) Waiver of Subrogation – All Other Policies. Consultant hereby waives all rights of subrogation any insurer of Consultant’s may acquire against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of any insurance policy which arise from work or Services performed by the Consultant.

Consultant understands, acknowledges and agrees that this provision is in full force and effect even if the City does not receive a waiver of subrogation endorsement from the insurer. (B) Notice. Consultant shall either: (1) require its insurer to provide thirty (30) days prior written notice to the City before coverage is suspended, voided, or canceled; or (2) notify City in writing that such notice is not available and forward any notice of such actions to the City within two (2) business days from date of receipt by Consultant. Consultant understands, acknowledges and agrees that this provision is in full force and effect even if the City does not receive a waiver of subrogation endorsement from the insurer.

3.2.10.6 Claims Made Policies. The following provisions shall apply to all policies that provide coverage on a claims-made basis: (A) the retroactive date must be shown and must be before the date on which any Services under this Agreement commence; (B) the insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Project; and (C) if coverage is canceled or not renewed and is not replaced with another claims-made policy with a retroactive date prior to the date on which any Services under this Agreement commence, Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Project.

3.2.10.7 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigation, claims administration and defense expenses within the deductible or self-insured retention. The deductible or self-insured retention may be satisfied by either the named insured or the City.

3.2.10.8 Acceptability of Insurers. Unless under the circumstances a different rating is otherwise acceptable to the City in its sole and absolute discretion, insurance is to be placed with insurers which are satisfactory to the City and which meet either of the following criteria : (1) an insurer with a current A.M. Best’s rating no less than A-:VII and licensed as an admitted insurance carrier in California; or (2) an insurer with a current A.M. Best’s rating no less than A-:X and authorized to issue the required policies in California.

3.2.10.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance, as well as amendatory endorsements or copies of the applicable policy language effecting coverage required by this Agreement. All documents must be received and approved by the City before any Services commence; provided, however, that failure to obtain the required documents prior to the commencement of Services shall not waive Consultant’s DocuSign Envelope ID: 7B507FAF-4FE6-46FC-9A72-EDD8BD9E6098 DocuSign Envelope ID: EC26CB5F-285C-4A71-8B8E-7475D19AA8B9 RFP No. 23-022AS
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obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.2.10.10 Reporting of Claims. Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.2.10.11 Sub-Consultants. All sub-consultants shall comply with each and every insurance provision of this Section 3.2.10. Consultant shall therefore not allow any sub-consultant to commence work on any subcontract to perform any part of the Services until it has provided evidence satisfactory to the City that the sub-consultant has secured all insurance required under this Agreement.

3.2.10.12 Special Risk or Circumstances. The City reserves the right, in its sole and absolute discretion, to modify the requirements of this Section 3.2.10, including limits, based on any of the following: (A) the nature of the risk of the Services; (B) the prior experience of the insured; (C) the rating or other quality or characteristic of the insurer; (D) any special or unique coverage issues; and (E) any other special or unique circumstances.

3.2.11 Safety. Consultant shall execute and maintain its work and Services so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Services and the conditions under which the Services are to be performed.

3.2.12 Payment Bond. The California Department of Industrial Relations (“DIR”) has communicated to the City that there is a possibility that a payment bond may be required for certain services provided in connection with a public works project. Since such a requirement is currently contrary to the industry standard for the services provided by Consultant under this Agreement and since there is no direct legal authority for this position, the City is not requiring Consultant to provide a payment bond at this time. However, the City hereby reserves the right to require the Consultant to obtain and provide a payment bond for some or all of the Services provided by the Consultant under this Agreement.

If the City determines that a payment bond is required for the Services pursuant to Civil Code Section 9550 or any other applicable law, rule or regulation, Consultant shall execute and provide to City a payment bond in an amount required by the City and in a form provided or approved by the City. In the event a payment bond is required, the City agrees to compensate Consultant for all documented direct costs incurred by Consultant for such payment bond. The Parties shall memorialize the terms of such additional compensation and any other terms and conditions associated with the payment bond in an amendment to this Agreement.

3.2.13 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents DocuSign Envelope ID: 7B507FAF-4FE6-46FC-9A72-EDD8BD9E6098 DocuSign Envelope ID: EC26CB5F-285C-4A71-8B8E-7475D19AA8B9 RFP No. 23-022AS
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created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.3 Fees and Payments.

3.3.1 Rates & Total Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation, including authorized reimbursements, shall not exceed Nine Hundred SeventySeven Thousand Five Hundred Sixty-Five Dollars ($977,565) (“Total Compensation”), without written approval of City’s Representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant.

The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 30 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 Extra Work. At any time during the Term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.5 Prevailing Wages. Consultant is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the Total Compensation is $1,000 or more, Consultant and its subconsultants shall fully comply with the Prevailing Wage Laws for their employees and any others to whom such laws are applicable. Consultant and its subconsultants shall also be responsible for any and all violations and fines imposed on them pursuant to the Prevailing Wage Laws. Pursuant to SB 854, which amended the Prevailing Wage Laws, this Agreement would also be subject to compliance monitoring and enforcement by the California Department of Industrial Relations (“DIR”). Beginning April 1, 2015, no consultant or subconsultant may be awarded this Agreement unless registered with the DIR pursuant to Labor Code Section 1725.5. The City will report all necessary agreements to the DIR as required by the Prevailing Wage Laws. Consultant shall make DocuSign Envelope ID: 7B507FAF-4FE6-46FC-9A72-EDD8BD9E6098 DocuSign Envelope ID: EC26CB5F-285C-4A71-8B8E-7475D19AA8B9 RFP No. 23-022AS
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copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the Project site. It is most efficient for the Consultant to obtain a copy of the prevailing wages in effect at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the DIR located at www.dir.ca.gov/dlsr/. In the alternative, Consultant may obtain a copy of the prevailing wages from the City’s Representative. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.3.6 Apprenticeable Crafts. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works when Consultant employs workmen in an apprenticeable craft or trade. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Consultant.

3.4 Termination of Agreement.

3.4.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, as well as any authorized reimbursable expenses, and Consultant shall be entitled to no further compensation.

Consultant may not terminate this Agreement except for cause.

3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5 Ownership of Materials and Confidentiality.

3.5.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically, electronically or otherwise recorded or stored, which are prepared or caused to be prepared by DocuSign Envelope ID: 7B507FAF-4FE6-46FC-9A72-EDD8BD9E6098 DocuSign Envelope ID: EC26CB5F-285C-4A71-8B8E-7475D19AA8B9 RFP No. 23-022AS
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Consultant under this Agreement (“Documents & Data”). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of five (5) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. In addition, before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.5.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.5.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or reuse of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.5.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

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3.5.5 Confidentiality. All Documents & Data, either created by or provided to Consultant in connection with the performance of this Agreement, shall be held confidential by Consultant. All Documents & Data shall not, without the prior written consent of City, be used or reproduced by Consultant for any purposes other than the performance of the Services. Consultant shall not disclose, cause or facilitate the disclosure of the Documents & Data to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant that is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.6 General Provisions.

3.6.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective Parties may provide in writing for this purpose:

Consultant:

Alta Planning + Design, Inc.
617 W. 7th Street, Suite 1103
Los Angeles, CA 90017
Attn: Vincent Hellens
City:

City of Corona
400 South Vicentia Avenue
Corona, CA 92882
Attn: Savat Khamphou, Public Works Department
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.2 Indemnification. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, to the extent arising out of, pertaining to, or incident to any alleged willful misconduct or negligent acts, errors or omissions of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all settlement amounts, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code DocuSign Envelope ID: 7B507FAF-4FE6-46FC-9A72-EDD8BD9E6098 DocuSign Envelope ID: EC26CB5F-285C-4A71-8B8E-7475D19AA8B9 RFP No. 23-022AS
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Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.

3.6.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code Sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

3.6.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.6.5 City’s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.6.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

3.6.6.1 Subconsultants; Assignment or Transfer. Consultant shall not subcontract any portion of the Services required under this Agreement, except as expressly authorized herein, without the prior written approval of the City. Subcontracts, if any, shall include a provision making them subject to all provisions of this Agreement. Consultant shall also not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to subcontract or take any other action not authorized herein shall be null and void, and any subconsultants, assignees, hypothecates or transferees shall acquire no right or interest by reason of such action.

3.6.7 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days.

All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

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3.6.8 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.6.9 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

3.6.10 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.6.6, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.6.11 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6.12 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the Term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.6.13 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.6.14 Attorney’s Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorney’s fees and all other costs of such action.

3.6.15 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.6.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

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3.6.17 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties.

3.6.18 Funding Source Provisions. When funding for the Services is provided, in whole or in part, by an agency of the federal or state government, Consultant shall also fully and adequately comply with the provisions included in Exhibit “D” (Funding Source Requirements) attached hereto and incorporated herein by reference (“Funding Source Requirements”). With respect to any conflict between such Funding Source Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control. [SIGNATURES ON NEXT 2 PAGES]
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CITY’S SIGNATURE PAGE FOR

CITY OF CORONA

PROFESSIONAL SERVICES AGREEMENT
WITH ALTA PLANNING + DESIGN, INC.
(CIVIL DESIGN AND PROJECT MANAGEMENT SERVICES – CITY OF CORONA GREEN ALLEYS PROJECT, RFP 23-022AS)
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.

CITY OF CORONA
Reviewed By: _________________________
Savat Khamphou
Public Works Director/City Engineer
Reviewed By: _________________________
Kenny Nguyen
CIP Manager/Assistant City Engineer
Reviewed By: _________________________
Yasmin Lopez
Purchasing Manager
Attest:_________________________
Sylvia Edwards
City Clerk
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CONSULTANT’S SIGNATURE PAGE FOR

CITY OF CORONA

PROFESSIONAL SERVICES AGREEMENT
WITH ALTA PLANNING + DESIGN, INC.
(CIVIL DESIGN AND PROJECT MANAGEMENT SERVICES – CITY OF CORONA GREEN ALLEYS PROJECT, RFP 23-022AS)
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.

ALTA PLANNING + DESIGN, INC.
a California corporation
By: _________________________
Emily Duchon
Vice President
By: _________________________
Natalie Lozano
Secretary of Board
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EXHIBIT “A”

SCOPE OF SERVICES
A. BACKGROUND AND PROJECT DESCRIPTION
The Project will consist of improving a number of alleys located in the core of Corona (depicted in Appendix “A” for locations, attached hereto and incorporated herein by reference), improvements include the following: trash and debris removal, graffiti removal, the alleys’ pavement will be improved by installing porous pavement, alleys will be lighted with new standalone solar lighting operating from “dusk-to-dawn,” wayfinding and informational signage will be implemented; in addition to making accessibility (ADA) improvements. The project’s focus is to clean, light (solar lighting), improve safety, accessibility, and mobility for pedestrians along the Green Alleys by constructing new porous pavement, curb ramps as necessary that will connect to the sidewalk on both ends of each alley within the project limits and install wayfinding/informational signs (depicted in Appendix “B” for conceptual scope, attached hereto and incorporated herein by reference). The consultant shall accomplish this task within City’s right-of-way and acquire construction easements as needed. All proposed improvements shall comply with Clean California Local Grant Program, Caltrans, City Standards, City ordinances, current Greenbook: Standard Specifications for Public Works Construction, the current California Manual on Uniform Traffic Control Devices (California MUTCD), Caltrans Highway Design Manual, Caltrans Pervious Pavement Design Guidance, National Pollutant Discharge Elimination System (NPDES) – Wastewater, and other applicable criteria as well as minimize typographical omissions, and Americans With Disabilities Act of 1990 (ADA) standards.

The Project will include, but is not limited to, the installation of new pervious alley pavement, solar lighting, wayfinding signage, and the removal of graffiti, trash and debris from the alleys, inkind retaining walls/curbs on the parkway, sidewalks, curb and gutter, ADA compliant curb ramps, traffic signs (as needed), and wet and dry utilities removal and relocation, installation of street signs, drainage facilities as needed, utility boxes, water meters conduits, other utilities, street lights (if necessary), driveways, and pillars, with the consideration of replacing decorative retaining walls, fences, driveways, and pillars; removal of drain pipes; removal and replacement of landscape, irrigation, trees, striping, and signs; adjustment of existing manholes, utility boxes and utilities to grade; removal, adjustment, and installation of residential stairs or pathway access to properties, if needed; and consideration of property access to residents during construction. The Project will require coordination with other utility companies as well as residents to adjust or relocate their utilities as needed, in addition to adjustments to fences, gates or access to adjacent properties. Consultant shall coordinate with all Utilities (above and underground) for relocating and/or replacement utilities that might conflict with the Scope of Corona’s Green Alleys Project, (not an exhaustive list, e.g., poles, wiring, waterlines, sewer, drainage pipes and their drainage grates/inlets, waterlines, fiber optics and other communications lines and conduit, etc.). In addition, the Project will be making necessary adjustments to alleys’ finished surface for effective water conveyance away from private properties. The general scope of work is to provide improvement plans, specifications, and cost estimates for the proposed Project. For the Project, the Consultant shall account for other related obstructions to the project and must account and develop solutions for replacing and or adjusting the following (not an all-inclusive list):

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• Tree trimmings/and/or removals,
• In-kind adjust:
o Walls (all types),
o Fences,
o Gates,
o Pedestrian walkways or other access to Project’s adjacent properties.

Consultant must develop construction temporary easement plan for access during construction to properties and businesses located adjacent to Project’s alleys. a) Include the existing field topography conditions and proposed final topography in the final PS&E;
b) Perform geotechnical analysis and analytical calculations for items such as earthwork, grading, structural permeable pavement (asphalt and concrete) structural profile and surveying;
c) Solar lighting standalone system selection/design at a minimum shall include solar panels (photovoltaic panels), controllers, and batteries (NiMH chemistry) to sustain “dusk-to-dawn” yearly operation, LED luminaries (2 lux vertical and an average 1 cd/m2 luminance, color temperature of 4000K, dark-sky compliant), mounting pole (height to limit light trespass) and light pole foundations; d) Prepare an estimate for the various bid schedule items that adequately reflect the costs for the work;
e) Complete and ready PS&E package for public bidding purposes; f) Coordinate and prepare responses to bidders’ questions; g) Answer questions regarding the Technical Provisions, design drawings, or conflicts in the design during the bidding process and pre-construction meeting. The Project Manager shall coordinate with the applicable Design Consultant in the preparation of the addenda necessary due to omissions or conflicts in the design. h) Prepare Traffic Control Plans.

B. PROJECT SCHEDULE
Consultant shall provide a schedule of anticipated services to meet the scope of work. The schedule shall be submitted with a list of tasks and sub-tasks, including agency review time (allow agency review time of 3 weeks for 50% submittal, 2 weeks for 90% submittal, and 2 weeks for 100% DocuSign Envelope ID: 7B507FAF-4FE6-46FC-9A72-EDD8BD9E6098 DocuSign Envelope ID: EC26CB5F-285C-4A71-8B8E-7475D19AA8B9 RFP No. 23-022AS
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submittal), internal quality assurance (QA)/Quality Control (QC) and calendar days anticipated to complete each of the identified tasks and sub-tasks. Said schedule shall reflect the project to be completed within 16 weeks from the date of issuance of Notice to Proceed.

C. THE FOLLOWING PRESENTS THE SCOPE OF ENGINEERING CONSULTING SERVICES:

The Consultant is expected to conduct the preliminary and final design to meet the City of Corona Standards, the California Manual on Uniform Traffic Control Devices (California MUTCD), and the Americans With Disabilities Act of 1990 (ADA) standards, research existing site conditions and prepare final engineering plans, a construction cost opinion, bid sheet list with quantities, engineering construction support services, record drawings, and recommended construction duration in working days. The Consultant shall prepare technical specifications in Greenbook Special Provisions format, and the City will provide Greenbook-format technical specifications for the consultant to edit as necessary for project-specific requirements. All engineering work including traffic control plans shall be performed by a Professional Engineer registered in the State of California. All surveying work shall be performed by a Licensed Surveyor registered in the State of California. All reports, plans, technical specifications, and cost opinions will be to a level of professional competence that is common among engineers performing like services. All final reports, plans, technical specifications, and cost opinions shall be stamped and signed by the Civil Engineer responsible for the work. In addition, the Consultant shall include the preparation of Traffic Control Plans.

Prepare plans in AutoCAD 2017.dwg format and provide a CD (or DVD) to the City in this format containing the plans (including all xrefs and CTB files) along with GIS shapefiles and PDF files.

Prepare final drawings for bidding and construction on 24-inch x 36-inch paper. Prepare a final drawing in permanent form on 24-inch x 36-inch mylar. The original drawings and digital files shall be the property of the City.

Services Breakdown includes:

Project Administration
The Consultant shall monitor the quality of all deliverables, calculations, and all other work products. Provide the deliverables listed in other sections of the scope of work. At a minimum, budget for the following items:

A) Meetings
a) Kick-off meeting with City Staff
b) 50% Submittal
c) 90% Submittal
d) 100% Submittal
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e) Pre-Construction
B) Submittals
a) 50% Submittal
b) 90% Submittal (including the QA/QC and constructability sets of PS&E performed by Consultant)
c) 100% Submittal
d) Final Submittal
e) Record Drawings and all pertinent design files (including survey and backup calculations)
Research Existing Conditions, Survey
Research existing conditions and plans as necessary for the design of requested improvements.

This Task includes, but is not necessarily limited to, the following items:

A) Research – Perform research of records including utility companies and other agency records as necessary to secure information required to identify, locate, and accurately layout all existing utilities, improvements, easements, and rights-of-way within project limits that may interfere with the proposed improvements. The information to be researched will be, as a minimum, the following:
a) Review existing utility and street record drawing plans. b) Perform utility investigation/coordination and provide utility relocation recommendations, if necessary.
c) Perform field investigation and measurement to assess existing site conditions. d) Provide a copy of all utility notifications and responses prior to the first progress payment request.

B) Surveying and Site Visit – The Engineer shall complete a topographic survey map of the project site to prepare a base map of the street plan. Develop a base map of the existing alignment, including public right-of-way, easements, property lot lines, street centerlines, monuments, basis-of-bearing, and benchmarks. Control points shall be confirmed and shown on the plans. Conduct site visits to identify all existing improvements (driveways, retaining walls, fences, trees, curb ramps, etc.) and conditions that may affect the design and construction of the proposed project.

Evaluate the project site to determine required improvements (curb and gutter, sidewalk infill for connection to existing sidewalks, driveways, etc.) and existing site conditions.

C) Utility Locating/Potholing – Perform necessary research to identify all existing utilities and potential conflicts. Pothole existing utilities to verify depth and location. Measure and identify in the potholing report the depth of pavement and the base material at each location potholed. Provide all required traffic control and surface repair necessary for DocuSign Envelope ID: 7B507FAF-4FE6-46FC-9A72-EDD8BD9E6098 DocuSign Envelope ID: EC26CB5F-285C-4A71-8B8E-7475D19AA8B9 RFP No. 23-022AS
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potholing work. The Consultant shall conform to safety provisions of OSHA’s Construction and Safety Manuals.

Final Engineering and Preparation of Construction Contract Documents Final Engineering shall include detailed engineering calculations, design, construction plans, specifications, and engineer’s construction cost estimate for the Project that will enable the City to advertise and award the construction contract for the project. Plans shall conform to the City’s format and standards.

Plans and work shall include the completion of:
a) Title sheet.
b) Vicinity and location map.
c) Construction Survey Services
d) Title block; north arrow; scale(s); project title; project number; standard symbols; construction notes; construction legend; telephone numbers of utilities and other affected agencies and businesses, including Hospital, Fire Department, and Police Department; the City of Corona Logo, details, Council Member names, and Underground Service Alert; and basis of bearing and bench mark. e) General notes and abbreviations.
f) Existing improvements, including but not limited to the base map, property lines, curb & gutter, sidewalk, centerline, right-of-way, utility lines (above and underground), drainage facilities, water meters, gas and water valves, fire hydrants, sewer and storm drain manhole, and any other existing improvements that may need to be adjusted to grade or relocated due to the proposed sidewalk installation, field topographic survey/design survey, striping, traffic signs, and/or pavement markings, block walls/posts, trees, irrigation systems, gates, and other details deemed necessary by the City for a contractor to complete construction of work. g) Prepare typical cross-sections where alleys and adjacent driveways width varies or improvements change based on the survey data and define the existing alley’s cross fall, longitudinal slope, and construction quantity tabulation per City requirements. h) Plans shall be plotted at 1” = 40’ with 1” = 4’ vertical. All improvements shall conform to City Standards. The Engineer may reference standard details where applicable but shall also incorporate those details into the plans. Plans shall include all the pertinent information necessary for the construction of the improvements such as property lines, City right-of-way, home address, etc... i) Typical section of alleys with underground utilities. j) Technical specifications conforming to the “Greenbook.” k) Construction details, detailed cost opinion, bid schedule, and bid item descriptions.

Reference City Standard details in the plans, where applicable.

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l) Technical specifications conforming to the Greenbook Special Provisions format.

The City will provide sections of technical specifications. The Consultant is to edit city-furnished specifications using track changes feature to facilitate City review. m) Process plans with City staff for approval and makes corrections as appropriate.

In addition, the Consultant shall prepare plans and specifications that comply with ADA requirements.

Plans that are considered 50% complete shall contain items listed above in “a-g”. City will review and return 50% plans with comments pertaining to required improvements for the project.

Consultant shall incorporate comments and include items “a” thru “l” listed above in the 90% submittal. The 90% set shall also include the QA/QC set certifying that the Consultant performed QA/QC. Additionally, the Consultant needs to certify that constructability reviews were performed for this 90% package. Plans and project documents submitted as 100% shall incorporate all comments from the City. Consultant shall provide a digital copy of the approved final/signed sealed project plans in AutoCAD 2017 .dwg format and Portable Document Format (PDF) to the City on a compact disc (CD).

Engineer’s Construction Cost Opinion (100% and Final Document) a) Engineer’s construction cost opinion and quantity takeoff (in MS Excel format) for use by the City to advertise for bid to be submitted with the 90% submittal. The source utilized for this task shall be included. All proposed lump sum items shall include the schedule of values.
b) Bid schedule/measurement and payment.
c) Estimated bidding/construction schedule.

Deliverables
a) 50% Submittal: Two (2) sets of 24-inch x 36-inch and two (2) sets of 11-inch x 17- inch plans on bond paper and 1 electronic (PDF file).
b) 90% Submittal: Two (2) sets of 24-inch x 36-inch and two (2) sets of 11-inch x 17- inch plans on bond paper, 2 specification paper copies, and 1 electronic (PDF file). c) 100% Submittal: Two (2) sets of 24-inch x 36-inch and two (2) sets of 11-inch x 17-inch plans on bond paper, 2 specification paper copies, Engineer’s construction cost opinion, bid form, and 1 electronic (PDF file).
d) Final Submittal: Engineer’s Construction Cost Opinion (to be submitted with the 90% submittal), 1 signed/sealed plan set mylar copy, 1 bid form and cost opinion plus electronic, 1 signed/sealed specifications paper copy, and 1 electronic (MS Word and PDF)
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Bidding Services
A) Bidding Phase Support - Assist the City in providing clarification and preparing information to be used in addenda as needed for fifteen (15) questions that may arise during the bidding process. City will prepare and make available to plan holders any required addenda. Attend the pre-bid meeting and assist the City with bid evaluations and recommendation of bid award.

B) Conformed Plans - Prepare conformed plans for use in constructing the project. The conformed plans shall reflect changes made during bidding and will be noted as a revision to the final design plans.

Engineering Construction Services
Consultant shall assist the City during the construction of the project by performing the items listed below:

A) Engineering Support – Assist the City with the following:

1. Provide professional engineering services to address and respond to up to twentyfive (25) Requests for Information (RFI’s) from the contractor,

2. Prepare supplementary sketches and details as required to resolve field construction problems that may be encountered,

3. Review and provide recommendations regarding proposed change orders, as needed, and

4. Attend pre-construction meeting and up to two (2) additional office or construction site meetings during construction.

B) Review of Submittals – Review up to twenty (20) submittals for completeness and conformance with the contract pans, specifications, and documents. Determine that any deviations or substitutions submitted by the Contractor shall be equal to or of better quality than specified in the contract documents. Provide recommendations and review with input from City staff. All substitutions shall receive City concurrence prior to approval. Assume each submittal will require at least two separate reviews before approval. Submittals, other than large drawings, will be provided in PDF format by the contractor. Return a scanned image (PDF) file, with the Consultants review stamp and wet signature, of each preliminary and final submittal which has been reviewed for conformance with the contract documents.

C) Minor Plan Revisions – Budget 20 hours of staff time for minor plan revisions.

D) Preparation of Record Documents (As-Builts) – The construction contract will require the contractor to provide to the City for review and approval one set of as-built plans showing the design changes made during the course of construction. Consultant shall prepare record drawings from contractor and construction inspector as-built drawing, markups, and field notes. Submit the following:

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a) One (1) set of 24-inch x 36-inch mylar “Record Drawings” b) One (1) CD (or DVD) with the record drawing files saved in AutoCAD 2017.dwg, GIS shapefile, and PDF formats.

The work plan and deliverables included in the Consultant’s proposal dated February 2, 2023 provide a detailed scope of services that will be provided for this Agreement and are hereby incorporated.

Change Orders (Change to Scope of Work)
All changes (increase or decrease in scope) must be submitted in writing for City review and approval. The Consultant shall submit a cost fee proposal for all changes. The City will evaluate and if appropriate will issue a Notice to Proceed for each Change Order separately.

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APPENDIX A TO EXHIBIT “A”

PROJECT LIMITS MAP
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MAIN
TENTH
OLIVE

LINCOLN
THIRD
CITRON
BELLE
D

BUENA VISTA
GRAND

VICENTIA
RIMPAU

VICTORIA

EIGHTH MERRILL
POMONA

SHERIDAN

SEVENTH
E

FULLERTON
JOY
RAMONA

KENDALL
HOWARD
TAYLOR
BLAINE
LORNA

CIRCLE CITY

BEVERLY

HARRISON
BURR
FORD

HACIENDA

FOURTH GARRETSON

KELLOGG
QUARRY
FIFTH
ASPEN

RAILROAD
ACACIA

TURQUOISE

OLD MILL
SECOND
GAY
TOPAZ

FRANCIS
ELM
ZIRCON
RANCHO
HARRIS
FULLER

MAGNOLIA

COTTONWOOD
COTA

ALTA VISTA
PERA
EUREKA
CANARY
PALM

BLUE CREST

EL SOBRANTE

HIBISCUS
PINE
CEDAR
OPAL

CRAWFORD
SMITH
BORDER
SANDIA

CRESTVIEW

FILBERT
AGNES

ELEVENTH
MARIE

STONE PINE
ALISO
NINTH
LOCUST
CRESTA
LILAC
WYVAL

WASHBURN
GARNET
LANCER

VIA SANTIAGO

EMERALD
PARK
BARTH
PAMELA
DORIS
LEROY
RYAN
SUTTER
TULIP

MARSHALL
REED

EVERGREEN

REDWOOD

WILLARD
ALDER
DANA
SOFIA

DESERT WILLOW

BOLLERO

SHERMAN
SPRUCE
TETA

SHIRLEY
KELLEY

ALTA LOMA
GRANT

ENTERPRISE
ZINNIA

LINCRONA

SYCAMORE

WAKEFIELD
DAVIS

SEQUOIA
COOK
CINDY
KRESS
PEARL

POINSETTIA

PLEASANT VIEW
WEBB
LIME
PAPAYA

BEECHNUT
MEYER

DAFFODIL
IRIS

INN KEEPER

NORMANDY TERRACE

HYACINTH
CAMINO

MULBERRY

ISABELLA

MOUNT WILSON
COX
BIRCH

LA COSTA

CORONA MALL

WATERLEAF

DURAZNO

WINDMILL
LEMON

PONDEROSA
SCHOOL

LORRAINE
QUAIL

WESTPARK

CONIFER

WILLIAM
AZALEA
ORANGE

PERSIMMON
PINYON

SAN JUAN

DE ANZA

SUMMERWOOD

STAN REYNOLDS
SUE
SARAH

QUEENSLAND

EUCALYPTUS
GAGNON

FAN BAY
DEPOT
IVY

HOLIDAY

OLD MILL

VICENTIA

WASHBURN

SHERMAN
BELLE

VICTORIA
RANCHO
EIGHTH
NINTH
ASPEN

VICENTIA
PARK
MARIE

ELEVENTH
NINTH
THIRD
BELLE

HACIENDA
NINTH

CRESTVIEW MERRILL
NINTH
RANCHO

SHERMAN
EIGHTH
CINDY

SEVENTH
FIFTH
CITRON
JOY

KENDALL

ALTA LOMA

FRANCIS
COOK
FIFTH
QUARRY
TENTH

FRANCIS
BURR

SHERIDAN
CANARY
HARRIS

FRANCIS

REDWOOD

SEVENTH
FOURTH
SECOND

CRESTVIEW
PARK
HOWARD
FORD

CRESTVIEW
FIFTH

FRANCIS

MERRILL
Legend
RTA Route 1
RTA Route 3
Corona Cruiser Redline
Corona Cruiser Blueline
Quarter Mile Buffer Around Project Location
Alleys
±
City of Corona
0 0.075 0.15 0.3 0.45 0.6 . Miles

ALLEY IMPROVEMENTS

APPENDIX A
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APPENDIX B TO EXHIBIT “A”
ATTACHMENT A: PROJECT NARRATIVE TEMPLATE
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Public Space / Right-of-Way:

The Project proposes to revitalize the alley network throughout the core of Corona, the aims of the project include improved low-stress pathways for pedestrian travel, the thoroughfares will be cleaned, solar lighting with dusk to dawn will be implemented, the alleys’ pavement will be improved by installing porous pavement, the porous or the permeable pavement will be utilized to capture stormwater. The porosity of the pavement will allow water to infiltrate into an aggregate base that will allow water to percolate into the native soil and recharge the water table, refer to figure 1.

Figure 1: FHWA-HIF-15-009, April 2015
Permeable pavement meets ecological and environmental goals while providing strong pavement for walkways, trails, roads, and parking lots.

In addition, the project will implement various ADA elements to include adding detectable surfaces at transition locations to distinguish the pedestrian spaces and motor-vehicle spaces.

Wayfinding Signage:

The project will implement wayfinding signs at each end of the alleyway within the project, these signs will include text that will read pedestrian way and direct people to various city landmarks; in addition, the signs will inform residents of who to call for large or bulky trash.

APPENDIX B
Attachment A: Project Narrative Template
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Caltrans associated project:

The project is not associated with any Caltrans projects.

A.2 DEMONSTRATED COMMUNITY NEED
Existing Conditions:

One primary task is to remove trash and debris from the alleys, debris like abandoned furniture, tires, and a variety of other trash; moreover, the project will remove graffiti. The task of cleaning and removing the waste/debris and graffiti will be primarily done by a contractor.

Beautification to Public Spaces, beautifying the alleys by cleaning and installing sustainable solar lighting fixtures, and improving pedestrian accessibility by clearing trash and debris that will promote walking through these underused access paths. Moreover, the existing damaged pavement will be removed, new permeable pavement including asphalt concrete pavement and concrete will create smooth walking surfaces making alleys inviting public spaces that will be clean and well lighted. The permeable pavement will also add benefit to the immediate and greater area by allowing rainwater to infiltrate into the local water table. The proposed pavement presents dual benefits to the community, one DocuSign Envelope ID: 7B507FAF-4FE6-46FC-9A72-EDD8BD9E6098 DocuSign Envelope ID: EC26CB5F-285C-4A71-8B8E-7475D19AA8B9 of improving the pedestrian pathway, and two, it acts as a rainwater collector that recharges the local water table.

Improve pedestrian pathways and greater Utility, the improved pathways will lead to transit bus stops, businesses, and other landmarks in the city. The green alleys will soon afford residents access to a network of trails being developed throughout the city. The alleys will afford the community public spaces to gather for rest and recreation, businesses that are adjacent to the alleyways can potentially have another interface to the community.

Stimulus to vibrant public life, cultural avenues, and business, these underused public spaces (alleys) can be the catalyst to stimulating vibrant public life; moreover, these green-alleyways can be the spaces that can foster physical activity by providing low-stress pathways that lead to nearby community services like the Corona Public Library, the Post Office, and the Circle City Community Center, restaurants, and businesses.

Community Safety, alleys are typically neglected and dark spaces in the city; however, the project will be installing dusk-to-dawn solar lighting (refer to Figure 3) a feature that will render safer spaces for pedestrians and the community to gather; the features have the potential to make spaces more attractive and allow for the community, in general, to look after such spaces for a safer and beautiful Corona.

DocuSign Envelope ID: 7B507FAF-4FE6-46FC-9A72-EDD8BD9E6098 DocuSign Envelope ID: EC26CB5F-285C-4A71-8B8E-7475D19AA8B9 Figure 3: Typical Solar Lighting Sample
Advance Equity for Underserved Communities, the entire proposed area where the Corona Green Alleys will be making improvements is within underserved communities, as designated by CalEnviroScreen 3.0. “CalEnviroScreen identifies California communities by census tract that are disproportionately burdened by, and vulnerable to, multiple sources of pollution.” (https://oehha.ca.gov/calenviroscreen/report/calenviroscreen-30) The methodologies in Attachment “I” were utilized to identify both the Local Match, Population Benefit, and Population Benefit to Underserved Communities, moreover, the Clean California Application forms provided were also utilized for calculating the direct Public Benefit (PB) for the Overall and Underserved Community, the calculations revealed that 100% of the improvements will benefit residents located within underserved communities, and indirectly the improvements will benefit surrounding neighborhoods.

Benefit beyond underserved communities:

DocuSign Envelope ID: 7B507FAF-4FE6-46FC-9A72-EDD8BD9E6098 DocuSign Envelope ID: EC26CB5F-285C-4A71-8B8E-7475D19AA8B9 A body of research has revealed that improving facilities that serve pedestrians, bicyclists, and transit users with clean and well-lighted facilities increase a sense of safety along a corridor; more people might use the corridor more often, such increase in community activity and frequency increases the potentiality to provide a boost to the businesses within the general neighborhood(s). Thus a walkable environment could be a catalyst that increases surrounding property values, both commercial and residential.

A.3 PUBLIC ENGAGEMENT
Public Outreach:

Corona’s Green Alleys Project is consistent with and compliments the city’s Trails Master Plan (TMP) that aims to connect non-motorized mobility throughout the city. The TMP completed community outreach during the first year of the Covid-19 Pandemic by implementing safe protocols that included inperson and web-based public input.

Participation:

The community’s participation and input were central to identifying opportunities and priorities related to the existing pedestrian mobility and future trails network in the city. The community engagement process was designed and focused to engage a wide-ranging variety of stakeholders that included residents, city staff, and local advocacy groups.

Public Engagement Influence:

The public feedback and input included comments on maps that indicated the community’s desire for trails that connect to new development projects in the City of Corona, a commercial district along Sixth Street—segments of 6th Street bisect the area where Corona’s Green Alleys Project will be making improvements and is located within the disadvantaged communities in Corona.

Furthermore, the public outreach revealed that the public primarily seeks improvements with a focus on pedestrians (walk, run, and hike), followed by mountain bike and road bike facilities. The public provided the following rationale for favoring pedestrian facilities, recreation, active-outing, passive-outing, and family household errands.

DocuSign Envelope ID: 7B507FAF-4FE6-46FC-9A72-EDD8BD9E6098 DocuSign Envelope ID: EC26CB5F-285C-4A71-8B8E-7475D19AA8B9 A.4 PROJECT DELIVERABILITY
Project Completion:

Corona staff is confident the project will be completed and opened to the public by no later than June 30, 2024. Moreover, all funds for the project will be spent by June 30, 2024.

Project Location:

The project is within Corona’s public right-of-way and will not necessitate any encroachment permits or other environmental permits as the project only makes repairs to existing infrastructure.

Construction/Project Concerns:

Some of the risks of installing permeable pavement and its required base (water reservoir) are that the project will encounter unforeseen shallow utilities or deteriorated utilities that will command attention at the time of construction—the project sites are situated within the early historical core of the city and such utilities might have been installed not meeting currently accepted construction standards. One planned countermeasure to such potential challenges is to increase the contingency of the Engineer’s Cost Estimate to address unforeseen potential project change orders.

Pre-Construction Tasks:

Two of the primary expected pre-construction tasks are the removal of trash/ debris, and graffiti removal, these two tasks will precede any construction activity of the project. To counteract any delays of the project the Critical-Path Method will be applied to the project, to reduce any delays to the planned project.

A.5 ADVANCE PAYMENT
N/A
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Marketing Plan:

The Project’s marketing plan is as follows: a press release about the details of the project will be prepared and posted on Corona’s webpage, the same information will be released through Corona’s social media channels.

Upon completion of the project, a ribbon-cutting ceremony will be organized and scheduled; the community and Corona’s City Council will be invited to present the project to the community.

A.7 MAINTENANCE PLAN
Project Lifespan:

The lifespan of the porous concrete is estimated at 30 years. The Solar lighting hardware lifespan is 20-25 yrs. Solar lighting batteries life is 4-6 yrs.

Maintenance:

The porous pavement will be swept monthly and power washed annually. The sweeping and cleaning will allow the porosity in the pavement to continue to effectively convey rainwater into the water table.

Maintenance Resources:

Corona’s Street maintenance staff will perform maintenance activities with Corona’s maintenance equipment.

Maintenance Commitment:

Corona Commits to maintaining the Green Alleys infrastructure for the life of the asset.

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EXHIBIT “B”

SCHEDULE OF SERVICES
Consultant shall complete the Services within the Term of this Agreement, and shall meet any other reasonable schedules and deadlines established by City’s Representative.

Consultant shall meet the following deadlines of the project schedule below:

The Consultant shall complete Task ID 32 (Submitted Final Mylars, Technical Specifications, and Probable Construction Estimate) on or before Monday, July 17, 2023.

PROJECT SCHEDULE:

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EXHIBIT “C”

COMPENSATION
Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth herein.

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EXHIBIT “D”

FUNDING SOURCE REQUIREMENTS
The Work is to be funded in whole or in part with monies obtained by the City pursuant to State of California Clean California Local Grant Project (State) Restricted Grant Agreement No. CCL5104-050, AMS ADV ID. 0822000149, entered into between the City and the State of California Department of Transportation on or about July 27, 2022 (“Grant Agreement”). Consultant and all subconsultants shall comply with all applicable federal and state laws, rules, regulations and permits, including but not limited to the Grant Agreement . The Grant Agreement is included in Exhibit “E” (Funding Source Agreement), attached hereto and incorporated herein by reference.

Consultant shall cooperate to ensure full compliance with the following requirements, including but not limited to:
a. Requirements set forth in Section III. Clause 6 of the Grant Agreement to perform all services in accordance with California Streets and Highways Code Section 91.41 including, but not limited to, Government Code Section 14460(a)(1) as well as all applicable federal, state and local laws, regulations and ordinances, all applicable Cal Trans policies and procedures, and all applicable Cal Trans published manuals, including but not limited to, the Grant Program Guidelines
b. Payment and Invoicing requirements set forth in Section III. Clause 15.(a) through (k) of the Grant Agreement including, but not limited to, requiring the Consultant and its subconsultants, sub-recipients, contractors and subcontractors to establish and maintain an accounting system conforming to Generally Accepted Accounting Principles segregating project costs, etc. c. Cost Principles requirements set forth in Section III. Clause 18.(a)(b)(d)(e) of the Grant Agreement.
d. Iran Contracting Act requirements set forth in Section III. Clause 20. e. Nondiscrimination requirements (2 CCR 11105 Clause b) set forth in Section III. Clause 22 (a) through (e) and include the nondiscrimination and compliance provisions of this clause in all agreements with subconsultants, sub-recipients, contractors and subcontractors.
f. Retention of Records/Audit requirements set forth in Section III. Clause 23 (a) through (f) and include the records/audit compliance provisions of this clause in all agreements with subconsultants, sub-recipients, contractors and subcontractors.

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g. Third-Party Contracts requirements set forth in Section III. Clause 26 (a) through (f) and include the compliance provisions of this clause in all agreements with subconsultants, sub-recipients, contractors and subcontractors. h. Limited Grant of Rights to Caltrans for Use of Educational Programming (“educational programming”) Created or Produced for Project and Visual Art Located Outside of State Right-of-Way (“Artwork”) Created or Produced for Project set forth in Section III. Clause 31 (a) and (b) and include the compliance provisions of this clause in all agreements with subconsultants, sub-recipients, contractors and subcontractors.
i. Government Purpose Rights for Inventions set forth in Section III. Clause 32 (a) and (b) and include the compliance provisions of this clause in all agreements with subconsultants, sub-recipients, contractors and subcontractors. j. Additional Intellectual Property Provisions set forth in Section III. Clause 33 (a) through (f) and include the compliance provisions of this clause in all agreements with subconsultants, sub-recipients, contractors and subcontractors. k. Assumption of Risk and Indemnification Regarding Exposure to Environmental Health Hazards requirements set forth in Section III. Clause 35. l. Mandatory Organic Waste Recycling requirements set forth in Section III.

Clause 36.
m. Prevailing Wages and Labor Code Compliance requirements set forth in Section III. Clause 39.

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EXHIBIT “E”

FUNDING SOURCE AGREEMENT

CLEAN CALIFORNIA LOCAL GRANT PROGRAM (STATE)

RESTRICTED GRANT AGREEMENT
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CLEAN CALIFORNIA LOCAL GRANT PROGRAM (STATE)

RESTRICTED GRANT AGREEMENT (RGA)

BETWEEN

STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
(CALTRANS)
AND

CITY OF CORONA
FOR

CITY OF CORONA GREEN ALLEYS
AGREEMENT NO. CCL-5104-050,
AMS ADV ID: 0822000149
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