Agenda packet — Corona City Council, December 4, 2024 (part 14 of 24)

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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 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 One Million Dollars ($1,000,000) per fiscal year (“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.

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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 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 Docusign Envelope ID: C2E65802-2AFD-4437-A7F4-78A16F8AF8F6 Docusign Envelope ID: 62E070CA-78B8-4626-BD2E-69D349FB050A Docusign Envelope ID: 2851562E-F5F4-4142-904A-9B7AB57C439B

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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 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.

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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.

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:

Westland Group, Inc.
4150 Concours, Suite 100
Ontario, CA 91764
Attn: Matthew H. Okubo
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 Docusign Envelope ID: C2E65802-2AFD-4437-A7F4-78A16F8AF8F6 Docusign Envelope ID: 62E070CA-78B8-4626-BD2E-69D349FB050A Docusign Envelope ID: 2851562E-F5F4-4142-904A-9B7AB57C439B

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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 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 Docusign Envelope ID: C2E65802-2AFD-4437-A7F4-78A16F8AF8F6 Docusign Envelope ID: 62E070CA-78B8-4626-BD2E-69D349FB050A Docusign Envelope ID: 2851562E-F5F4-4142-904A-9B7AB57C439B

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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.

3.6.6.2 Corona Utility Authority. To the extent that this Agreement is deemed to be a "material contract" under either of the CUA Management Agreements, Consultant has no right to terminate this Agreement, either with or without cause, based upon the existence or non-existence of either or both of the CUA Management Agreements. Therefore, if an applicable CUA Management Agreement expires or terminates for any reason, Consultant shall remain fully obligated to perform under this Agreement with the CUA or another third party contracted by the CUA for the maintenance, management and operation of the applicable utility system.

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.

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 Docusign Envelope ID: C2E65802-2AFD-4437-A7F4-78A16F8AF8F6 Docusign Envelope ID: 62E070CA-78B8-4626-BD2E-69D349FB050A Docusign Envelope ID: 2851562E-F5F4-4142-904A-9B7AB57C439B

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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.

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.
[SIGNATURES ON NEXT 2 PAGES]
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CITY’S SIGNATURE PAGE FOR

CITY OF CORONA

PROFESSIONAL SERVICES AGREEMENT
WITH WESTLAND GROUP, INC.
(LAND SURVEYING AND CIVIL ENGINEERING SERVICES - ON-CALL ENGINEERING AND PROFESSIONAL CONSULTING SERVICES, RFP 24-069AS) IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.

CITY OF CORONA
By: _________________________
Savat Khamphou
Public Works Director/City Engineer
Reviewed By: _________________________
Keegan Olds
Acting CIP Manager
Reviewed By: _________________________
Rachel McLure
CIP Supervisor
Reviewed By: _________________________
Tracy Martin
Senior Project Manager
Reviewed By: _________________________
Yasmin Lopez
Purchasing Manager
Attest: _________________________
Sylvia Edwards
City Clerk, City of Corona
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CONSULTANT’S SIGNATURE PAGE FOR

CITY OF CORONA

WESTLAND GROUP, INC.
a California corporation
By: _________________________
Matthew H. Okubo
President
By: _________________________
Glenn M. Chung
Secretary/CFO
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EXHIBIT “A”

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 on-call land surveying and civil engineering services necessary for the Project. The Services are more particularly described herein.

The design-related services shall include preparation of project specific plans and specifications, including calculations signed and stamped by a professional engineer registered in the State of California with specific experience in the design and construction of subject facilities. Under the supervision of said engineer, the consultant shall perform or cause to be performed by others, all necessary services to prepare a complete set of biddable construction documents (following all applicable City of Corona standards, requirements and specifications). The consultant’s services shall include the following project management assistance in support of the categories listed below:
• Provide project management and coordination with City staff. Prepare and provide project status updates including updates to scope status, schedule and cost. • Perform Quality Assurance/Quality Control (QA/QC).
• Prepare and perform presentations to City staff, the public and other stakeholders. • Prepare and attend project coordination meetings with City staff and other permitting agencies.
• Prepare cost estimates and project schedules.
• Prepare meeting agenda and minutes.

Support services typically needed by the City for each design-related Category include, but are not limited to, the following list:

LAND SURVEYING
(Pursuant to SB 854 Requirements and Agreement, Section 3.3.5 “Prevailing Wages”) A California-licensed land surveyor shall be in responsible charge of all survey work performed.

The selected Consultant shall demonstrate the ability and experience to provide the City with the following services as described herein:

1. Prepare legal descriptions, plats and maps for subdividing property.

2. Research existing County and City records for survey monuments within the project area.

Prior to any clearing, removal, or excavation efforts, perform a diligent search for property line monuments, street centerline monuments, and benchmarks within the project area, recording their identities and precise locations in reference to monuments or witness monuments that will not be disturbed during construction. The records of these monuments and references shall conform to Section 8771 of the Business and Professions Code of the State of California. After completion of the construction, any monument disturbed or removed during construction shall be reset, conforming to Section 8771. Each centerline Docusign Envelope ID: C2E65802-2AFD-4437-A7F4-78A16F8AF8F6 Docusign Envelope ID: 62E070CA-78B8-4626-BD2E-69D349FB050A Docusign Envelope ID: 2851562E-F5F4-4142-904A-9B7AB57C439B

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intersection shall be drawn on a single Corner Record showing local tie points and tie distances. A pdf copy of the final receded Corner Record shall be submitted to the City.

3. Perform boundary line adjustments.

4. Perform monument perpetuation/preservation in areas that will be impacted by City projects. Includes site investigation for existing monumentation, with a report provided to the City with recommendations.
a. May include pre- and post-construction records.

5. Set boundary markers or property corners, also known as monuments.

6. Retrace boundaries for fences and other purposes.

7. Locate, relocate, establish, reestablish, or retrace, or retrace any property line or boundary of any parcel of land, right-of-way, easement, or alignment of those lines or boundaries.

8. Prepare legal descriptions and information shown with the description of any deed or other title document.

9. Prepare Record of Surveys.

CIVIL ENGINEERING
Consultant shall provide experienced and licensed personnel, equipment and facilities to perform the following tasks.

1. Prepare engineering plans, specifications and calculations signed by a professional engineer, registered in the State of California.

2. Prepare technical specifications for materials and methods for specific projects and for the City’s standard specifications library.

3. Prepare preliminary and final design plans and specifications for projects such as, but not limited to:
a. Driveways, sidewalks, parking lots and access roads
b. Street improvements with cross sections
c. Striping and traffic signals
d. Concrete pads for mounting equipment
e. Site grading, drainage and paving improvements
f. Slope stabilization
g. Bridges (pedestrian and vehicular)
h. Site development
i. Park development
j. Storm drain systems
k. Water Quality Management Plans (WQMPs)
l. Stormwater Pollution Prevention Plans (SWPPPs)
m. Construction specifications
n. Americans with Disabilities Act (ADA) improvements

4. Develop and detail a project management plan including information and coordination with other agencies to ensure compliance and completion of PS&E packages. The plan shall include a schedule and a timeline of milestones.

5. Research existing records of utility companies and agencies and coordinate the proposed improvements with existing field conditions.

6. Conduct an environmental assessment for each project and prepare all documentation required to comply with California Environmental Quality Act (CEQA), and/or National Environmental Protection Act (NEPA).

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7. All original plan sheets, the title sheet of the specifications, calculations, and reports shall be signed and stamped by the Consultant's licensed professional engineer responsible/incharge of the project.

8. Prepare engineering plans, specifications and calculations signed by a professional engineer, registered in the State of California.

9. If included in the on-call project scope, upon completion of construction, the Consultant shall prepare as-built plans and submit them to the City. The Consultant shall incorporate all changes to the plans electronically with all necessary revision notations.

10. Attend meetings with the City staff as required and as necessary.

11. The Consultant shall monitor the project progress, maintain project files, and control the quality of the work performed by in-house staff and/or sub-consultants. Incomplete (not meeting targeted completion) or poor-quality work will not be accepted. The Consultant shall revise the documents within a revised schedule set by the City, which may require overtime. No additional compensation necessary for the consultant to complete this work to the satisfaction of the City shall be approved by the City for the required revisions. It is the responsibility of the Consultant to produce a professional-level quality of work product.

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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.

The contract term shall be effective on or about _________________________ through June 30, 2027 with one (1) additional three-year option renewal period, on an as-needed basis, with no guaranteed usage for on-call professional engineering and/or on-call professional consulting services. Pricing shall remain effective and in force for the entire initial contract term. City reserves the right to exercise option year renewals in its sole discretion. Subsequent contract term extensions, if exercised by the City, are as follows:
• Option 1, if exercised, shall be effective July 1, 2027 through June 30, 2030.

Option year pricing shall be negotiated by the Parties prior to commencement of each additional three-year period. Negotiated price adjustments will be made in accordance with and shall not exceed the percentage of change in the United States Bureau of Labor Statistics Consumer Price Index “All Urban Consumers for Riverside, California, Area (CPI-U), not seasonally adjusted, for the most recent twelve (12) months for which statistics are available. This method of price adjustment shall apply to each extension period exercised. Option years shall become effective only upon issuance by the City of a duly authorized Purchase Order.

Increases in labor costs subject to mandated prevailing wage or minimum wage increases during any contract extension term must be supported, at time of contract negotiation, with documentation from the appropriate entity enforcing the increase in labor costs. Consultants must provide labor cost increases to the City a minimum of thirty (30) days in advance of contract or amendment term end date.

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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.

The total compensation of $1,000,000 per fiscal year breakdown is as follows:

Discipline Total Amount Per Fiscal
Year

1. Civil Engineering $750,000

2. Land Surveying $250,000
CONSULTANT RATES:

LAND/FIELD SURVEYING
Title/Role 2024
Hourly Rates
2025
Hourly Rates
2026
Hourly Rates
2027
Hourly Rates
1-Man Survey Crew with
Equipment
$240.00 PW $247.20 PW $254.62 PW $262.26 PW
2-Man Survey Crew with
Equipment
$350.00 PW $360.50 PW $371.32 PW $382.46 PW
3-Man Survey Crew with
Equipment
$420.00 PW $432.60 PW $445.58 PW $458.95 PW

CIVIL ENGINEERING
Title/Role 2024
Hourly Rates
2025
Hourly Rates
2026
Hourly Rates
2027
Hourly Rates
Principal $300.00 $309.00 $318.27 $327.82
Senior Project Manager $200.00 $206.00 $212.18 $218.55
Project Manager $185.00 $190.55 $196.27 $202.16
QA/QC Specialist $185.00 $190.55 $196.27 $202.16
Project Engineer/Surveyor/Sr. Designer $170.00 $175.10 $180.35 $185.76 Designer/Staff Engineer $150.00 $154.50 $159.14 $163.91 Mapping/Survey/GIS Analyst $140.00 $144.20 $148.53 $152.99 Mapping/Survey/Engineering/GIS
Technician $130.00 $133.90 $137.92 $142.06
Administration $95.00 $97.85 $100.79 $103.81
Engineering Aide/Intern $90.00 $92.70 $95.48 $98.35
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CITY OF CORONA

PROFESSIONAL SERVICES AGREEMENT

WITH WILLDAN ENGINEERING
(LANDSCAPE ARCHITECTURE AND IRRIGATION DESIGN, CONSTRUCTION

MANAGEMENT AND INSPECTION SERVICES, CIVIL ENGINEERING, LAND

SURVEYING, GRANT WRITING, MATERIAL TESTING AND SPECIAL

INSPECTION SERVICES - ON-CALL ENGINEERING AND PROFESSIONAL CONSULTING SERVICES, RFP 24-069AS)

1. PARTIES AND DATE.

This Agreement is made and entered into this day of , 2024 (“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 Willdan Engineering, a California corporation with its principal place of business at 2401 E. Katella Avenue, Suite 300, Anaheim, CA, 92806 (“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 on-call engineering and professional consulting 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 On-Call Engineering and Professional Consulting Services, RFP 24-069AS project (“Project”) as set forth in this Agreement.

2.3 Corona Utility Authority.

Consultant understands that the City has entered into a Water Enterprise Management Agreement and a Wastewater Enterprise Management Agreement, both dated as of February 6, 2002, with the Corona Utility Authority (“CUA”) for the maintenance, management and operation of those utility systems (collectively, the “CUA Management Agreements”). To the extent that this Agreement is deemed to be a "material contract" under either of the CUA Management Agreements, City enters into this Agreement on behalf of the CUA and subject to the terms of the applicable CUA Management Agreement(s).

3. TERMS.

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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 on-call engineering and professional consulting 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.

3.1.2 Term. The term of this Agreement shall be from ___________________ to June 30, 2027 (“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.

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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.

The key personnel for performance of this Agreement are as follows: Principal-in-charge: Tyrone Peter; For Landscape Architecture and Irrigation Design: John Hidalgo; For Construction Management and Inspection Services: Mike Bustos; For Civil Engineering: Ronald Stein; For Land Surveying: Jocelyn Limas; For Grant Writing: Nicolle Spann; and for Material Testing and Special Inspection Services: Chien-Chang Chen.

3.2.5 City’s Representative. The City hereby designates Savat Khamphou, Public Works Director, 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 Tyrone Peter 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 Docusign Envelope ID: 26E24855-1F58-419E-BFAF-C4BFD77A74F6 Docusign Envelope ID: F4475295-EAC0-48AB-A8CF-B0D188720EB3 Docusign Envelope ID: DBF18F51-5EC2-4B3A-94C1-27C8AFF74DE1

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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 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, subDocusign Envelope ID: 26E24855-1F58-419E-BFAF-C4BFD77A74F6 Docusign Envelope ID: F4475295-EAC0-48AB-A8CF-B0D188720EB3 Docusign Envelope ID: DBF18F51-5EC2-4B3A-94C1-27C8AFF74DE1

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subcontractors 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 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.

To the extent applicable, Consultant shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the regulations imposed by CARB including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”).

Throughout the Project, and for three (3) years thereafter, Consultant shall make available for inspection and copying any and all documents or information associated with Consultant’s and its subconsultants’ and subcontractors’ fleets including, without limitation, the Certificates of Reported Compliance (“CRCs”), fuel/refueling records, maintenance records, emissions records, and any other information the Consultant is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City.

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and all violations, or failures to comply with the Regulation. Consultant shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation.

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’ 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.

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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.

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 Docusign Envelope ID: 26E24855-1F58-419E-BFAF-C4BFD77A74F6 Docusign Envelope ID: F4475295-EAC0-48AB-A8CF-B0D188720EB3 Docusign Envelope ID: DBF18F51-5EC2-4B3A-94C1-27C8AFF74DE1

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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 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 Docusign Envelope ID: 26E24855-1F58-419E-BFAF-C4BFD77A74F6 Docusign Envelope ID: F4475295-EAC0-48AB-A8CF-B0D188720EB3 Docusign Envelope ID: DBF18F51-5EC2-4B3A-94C1-27C8AFF74DE1

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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.

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 Two Million Seven Hundred Fifty Thousand Dollars ($2,750,000) per fiscal year (“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.

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

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

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 Docusign Envelope ID: 26E24855-1F58-419E-BFAF-C4BFD77A74F6 Docusign Envelope ID: F4475295-EAC0-48AB-A8CF-B0D188720EB3 Docusign Envelope ID: DBF18F51-5EC2-4B3A-94C1-27C8AFF74DE1

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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.

3.5 Ownership of Materials and Confidentiality.

Docusign Envelope ID: 26E24855-1F58-419E-BFAF-C4BFD77A74F6 Docusign Envelope ID: F4475295-EAC0-48AB-A8CF-B0D188720EB3 Docusign Envelope ID: DBF18F51-5EC2-4B3A-94C1-27C8AFF74DE1

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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.

3.6 General Provisions.

Docusign Envelope ID: 26E24855-1F58-419E-BFAF-C4BFD77A74F6 Docusign Envelope ID: F4475295-EAC0-48AB-A8CF-B0D188720EB3 Docusign Envelope ID: DBF18F51-5EC2-4B3A-94C1-27C8AFF74DE1

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Consultant:

Willdan Engineering
2401 E. Katella Avenue, Suite 300
Anaheim, CA, 92806
Attn: Tyrone Peter
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.

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

Docusign Envelope ID: 26E24855-1F58-419E-BFAF-C4BFD77A74F6 Docusign Envelope ID: F4475295-EAC0-48AB-A8CF-B0D188720EB3 Docusign Envelope ID: DBF18F51-5EC2-4B3A-94C1-27C8AFF74DE1

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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.

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

3.6.10 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.

Docusign Envelope ID: 26E24855-1F58-419E-BFAF-C4BFD77A74F6 Docusign Envelope ID: F4475295-EAC0-48AB-A8CF-B0D188720EB3 Docusign Envelope ID: DBF18F51-5EC2-4B3A-94C1-27C8AFF74DE1

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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.

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

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.
[SIGNATURES ON NEXT 2 PAGES]
Docusign Envelope ID: 26E24855-1F58-419E-BFAF-C4BFD77A74F6 Docusign Envelope ID: F4475295-EAC0-48AB-A8CF-B0D188720EB3 Docusign Envelope ID: DBF18F51-5EC2-4B3A-94C1-27C8AFF74DE1

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CITY’S SIGNATURE PAGE FOR

CITY OF CORONA

PROFESSIONAL SERVICES AGREEMENT

WITH WILLDAN ENGINEERING
(LANDSCAPE ARCHITECTURE AND IRRIGATION DESIGN, CONSTRUCTION

MANAGEMENT AND INSPECTION SERVICES, CIVIL ENGINEERING, LAND

SURVEYING, GRANT WRITING, MATERIAL TESTING AND SPECIAL

INSPECTION SERVICES - ON-CALL ENGINEERING AND PROFESSIONAL CONSULTING SERVICES, RFP 24-069AS)
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.

CITY OF CORONA
By: _________________________
Savat Khamphou
Public Works Director/City Engineer
Reviewed By: _________________________
Keegan Olds
Acting CIP Manager
Reviewed By: _________________________
Rachel McLure
CIP Supervisor
Reviewed By: _________________________
Tracy Martin
Senior Project Manager
Reviewed By: _________________________
Yasmin Lopez
Purchasing Manager
Attest: _________________________
Sylvia Edwards, City of Corona, CA
City Clerk
Docusign Envelope ID: 26E24855-1F58-419E-BFAF-C4BFD77A74F6 Docusign Envelope ID: F4475295-EAC0-48AB-A8CF-B0D188720EB3 Docusign Envelope ID: DBF18F51-5EC2-4B3A-94C1-27C8AFF74DE1

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CONSULTANT’S SIGNATURE PAGE FOR

CITY OF CORONA

PROFESSIONAL SERVICES AGREEMENT

WITH WILLDAN ENGINEERING
(LANDSCAPE ARCHITECTURE AND IRRIGATION DESIGN, CONSTRUCTION

MANAGEMENT AND INSPECTION SERVICES, CIVIL ENGINEERING, LAND

SURVEYING, GRANT WRITING, MATERIAL TESTING AND SPECIAL

INSPECTION SERVICES - ON-CALL ENGINEERING AND PROFESSIONAL CONSULTING SERVICES, RFP 24-069AS)
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.

WILLDAN ENGINEERING
A California corporation
By: _________________________
Vanessa Munoz
President
By: _________________________
Kate Nguyen
Secretary
Docusign Envelope ID: 26E24855-1F58-419E-BFAF-C4BFD77A74F6 Docusign Envelope ID: F4475295-EAC0-48AB-A8CF-B0D188720EB3 Docusign Envelope ID: DBF18F51-5EC2-4B3A-94C1-27C8AFF74DE1

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EXHIBIT “A”

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 On-Call Engineering and Professional Consulting Services necessary for the Project. The Services are more particularly described herein.

Support services typically needed by the City for each design-related Category include, but are not limited to, the following list:

LANDSCAPE ARCHITECTURAL AND IRRIGATION DESIGN
Consultant shall provide experienced personnel, equipment and facilities to perform the following tasks.

1. Provide landscape planning and design services for new facilities or modifications to existing facilities.

2. Perform preliminary siting, grading and landscaping layout evaluations and recommend preferred sites and layouts.

3. Provide topographical and field surveying to establish base topographical mapping.

4. Conduct site and field investigations to verify locations of existing and proposed facilities.

5. Utility and agency coordination.

6. Prepare sketches, renderings, and materials boards providing alternative landscaping concepts, designs, and options that can be applied to project requirements.

7. Prepare construction drawings providing demolition, hardscape, irrigation and planting plans and details.

8. Provide technical specifications for planting and irrigation materials and methods.

Docusign Envelope ID: 26E24855-1F58-419E-BFAF-C4BFD77A74F6 Docusign Envelope ID: F4475295-EAC0-48AB-A8CF-B0D188720EB3 Docusign Envelope ID: DBF18F51-5EC2-4B3A-94C1-27C8AFF74DE1

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9. Prepare construction cost estimates.

10. Provide landscape architectural and irrigation support during bidding and construction of projects.

11. Provide record drawings.

CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
(Pursuant to SB 854 Requirements and Form of Agreement, Section 3.3.5 “Prevailing Wages”) The proposed construction management team shall be well versed in all aspects of construction administration including, but not limited to project scheduling, project controls and project management, and partnering and claims resolution to ensure project completion on time and within established budget. Consultant shall provide qualified construction managers with significant experience in construction inspection of work typical for water, water reclamation, sewer, and electrical facilities construction. Consultant shall provide the following personnel and services:

1. Pre-Construction Assistance
a. Prior to the start of the project, the Construction Manager (CM) shall be responsible for conducting a bid analysis to determine the lowest responsible bidder for the project. Additional tasks may include assisting in the preparation of staff reports for City Council.
b. Review and identify any errors, omissions, or discrepancies found in the Contract Documents shall be called to the attention of the City Staff and clarified prior to construction starts.
c. Attend pre-bid, pre-construction, and pre-operation meetings.

2. Construction Administration
a. Coordinate with the City to define the roles and responsibilities during construction and develop a construction management plan. b. Schedule and conduct regular construction and progress meetings to discuss such matters as procedures, progress, problems, and scheduling. Prepare and promptly distribute minutes.
c. Manage the Construction Management Software PROCORE, coordinating with the City and contractor to incorporate a centralized platform where all documents are filed and distributed amongst the project team. City will provide access to PROCORE.
d. Shall be responsible for ensuring that all building permits, special permits, if required, are obtained, and that all applicable fees have been paid, and shall obtain approvals from authorities having jurisdiction over the Project.

Docusign Envelope ID: 26E24855-1F58-419E-BFAF-C4BFD77A74F6 Docusign Envelope ID: F4475295-EAC0-48AB-A8CF-B0D188720EB3 Docusign Envelope ID: DBF18F51-5EC2-4B3A-94C1-27C8AFF74DE1

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c. Determine the workflow on PROCORE for all Submittal/RFI review including City staff, design engineers, contractor personnel, and the construction management team.

4. Change Order Review
a. Shall conduct comprehensive evaluation of change order requests, provide independent estimates, render recommendations and assist in claim resolution.

Shall regularly monitor and report on the status of the Project Construction Budget on a monthly basis, indicating actual costs for completed activities and work in progress, and indicating estimates for uncompleted work. Report should identify variances between actual and budgeted or estimated costs, and shall advise the City whenever it appears that the Actual Construction Cost has exceeded, or will exceed, the Project Construction Budget for the entire Project or any Project Component.

5. Progress Payments
a. Maintain cost accounting records on authorized work performed under unit costs and additional work performed on the basis of actual costs of labor and materials, or other work requiring accounting records.
b. May develop and implement procedures for the review and processing of applications by contractor for progress and final payments. Make recommendations for certification to the City for payment. c. Provide status of monthly certified payroll reports and monthly as-builts updates as backup for each payment submitted to the city for review.

6. Inspections
a. Monitor the contractor's safety program. Take necessary steps to ensure the jobsite conditions are in compliance with OSHA regulations. b. Determine that the work of contractor is being performed in accordance with the contract documents. Make recommendations to the City regarding special inspection or testing of work not in compliance with the provisions of the contract documents. Subject to review by the City, reject work which does not conform to the requirements of contract documents.
c. Facilitate and coordinate inspection by representatives of other agencies. d. Evaluate the completion of the work of the contractor and make recommendations to the City when work: is ready for final inspection. Assist the City in conducting final inspections.
e. Schedule and coordinate special inspection and material testing with the County of Orange or other consultants.
f. Inspector(s) shall oversee and inspect all aspects of construction to ensure compliance with the Plans, Specifications, and Special provisions. g. Submit electronic daily and progress reports to the City. Keep daily logs containing a record of weather, contractor's work on the site, number of workers and equipment, work accomplished, problems encountered, and other relevant data. Make the log available to the City. Prepare and send Weekly Statement of Working Days to the contractor. Monitor contractor's compliance with labor code requirements.

Docusign Envelope ID: 26E24855-1F58-419E-BFAF-C4BFD77A74F6 Docusign Envelope ID: F4475295-EAC0-48AB-A8CF-B0D188720EB3 Docusign Envelope ID: DBF18F51-5EC2-4B3A-94C1-27C8AFF74DE1

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h. Maintain, at the job site, records of contract documents including drawings, addenda, change orders, and other modifications of plans and specifications marked to show all changes made during construction. Maintain as-built records of underground utilities, including locations and depths of trenches. At the completion of the project, deliver to the City all contract documents including as- built records.
i. Consult with the City when the contractor requests interpretations of the meaning and intent of the drawings and specifications and assist in achieving the resolution of potential issues.

7. Claims
a. Coordinate with City staff and consultants on claim matters. b. Claims submitted by the contractor must adhere to the Public Contract Code Section 10240 and 20104.
c. Review all claims and provide an evaluation to the City. Documentation must be provided and reviewed to support any claim. Coordinate the resolution of each claim with suggested design changes that may have been caused by unforeseen field conditions.

8. Project Closeout
a. The PM shall be responsible for all project closeout items, such as: As-Built plans and related documentation, punch list completion, commissioning, warranty requests during the one-year period. Shall schedule and oversee the warranty repair. Should include site visits as requested by the City to look at defects or imperfections to determine if it is a warranty issue. b. Provide a close out report for but not limited to any violations, fringe benefit statements, missing payroll reports, unsatisfactory employee interviews, claims, and any other documentation related to prevailing wage and labor compliance.

9. Public Outreach
a. CM shall coordinate with City staff to communicate with the community regarding impacts related to the construction project.
b. On an as-needed basis, attend and co-lead community meetings inform the community of project schedule.

10. Federal Requirements
a. Preparation of Caltrans documentation including but not limited to Award package, interim reports, and final report (close out) to be reviewed by the City.

CIVIL ENGINEERING
Consultant shall provide experienced and licensed personnel, equipment and facilities to perform the following tasks.

1. Prepare engineering plans, specifications and calculations signed by a professional engineer, registered in the State of California.

2. Prepare technical specifications for materials and methods for specific projects and for the City’s standard specifications library.

Docusign Envelope ID: 26E24855-1F58-419E-BFAF-C4BFD77A74F6 Docusign Envelope ID: F4475295-EAC0-48AB-A8CF-B0D188720EB3 Docusign Envelope ID: DBF18F51-5EC2-4B3A-94C1-27C8AFF74DE1

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5. Research existing records of utility companies and agencies and coordinate the proposed improvements with existing field conditions.

8. Prepare engineering plans, specifications and calculations signed by a professional engineer, registered in the State of California.

10. Attend meetings with the City staff as required and as necessary.

LAND SURVEYING
(Pursuant to SB 854 Requirements and Form of Agreement, Section 3.3.5 “Prevailing Wages”) Docusign Envelope ID: 26E24855-1F58-419E-BFAF-C4BFD77A74F6 Docusign Envelope ID: F4475295-EAC0-48AB-A8CF-B0D188720EB3 Docusign Envelope ID: DBF18F51-5EC2-4B3A-94C1-27C8AFF74DE1

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A California-licensed land surveyor shall be in responsible charge of all survey work performed.

The selected Consultant shall demonstrate the ability and experience to provide the City with the following services as described herein:

1. Prepare legal descriptions, plats and maps for subdividing property.

2. Research existing County and City records for survey monuments within the project area.

Each centerline intersection shall be drawn on a single Corner Record showing local tie points and tie distances. A pdf copy of the final receded Corner Record shall be submitted to the City.

3. Perform boundary line adjustments.

5. Set boundary markers or property corners, also known as monuments.

6. Retrace boundaries for fences and other purposes.

7. Locate, relocate, establish, reestablish, or retrace, or retrace any property line or boundary of any parcel of land, right-of-way, easement, or alignment of those lines or boundaries.

8. Prepare legal descriptions and information shown with the description of any deed or other title document.

9. Prepare Record of Surveys.

Map Checking Services

1. Information furnished by the City for checking will be roughly as follows: 1 set of Exhibits, title reports, reference documents (Deed, Parcel Map, Tract Map, etc.), traverse closures, and improvement plans.

2. Prepare maps or plats

3. Review Exhibits for technical correctness and completeness, consistency with the City guidelines and requirements, compliance with the Subdivision Map Act, and acceptance for recording.

4. Review title report and existing easements for correct plotting and references.

5. Review improvement plans associated with the project to ensure the Exhibits correctly identify the limits and location as shown on the improvement plans.

6. Provide a set of redline check prints showing the redlined comments.

7. Provide a check letter covering the major required comments, and corrections and instruction for future submittals.

8. . Review maps and/or surveys such as Parcel Maps, Final Maps, or Tentative Maps Construction Services
Docusign Envelope ID: 26E24855-1F58-419E-BFAF-C4BFD77A74F6 Docusign Envelope ID: F4475295-EAC0-48AB-A8CF-B0D188720EB3 Docusign Envelope ID: DBF18F51-5EC2-4B3A-94C1-27C8AFF74DE1

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1. Stake the location of fixed engineering works for construction purposes. Provide construction staking for project improvements. Records of the line and grade stakes (cut sheets) shall be on forms provided by the City, and the originals shall become the property of the City upon completion of each survey request. The City will provide digital construction plans and specifications for each project.

2. Set line and grade stakes in accordance with the plans and specifications. Notify the City immediately of any discrepancies or design errors discovered on the plans during staking or when verifying the line and grade of existing improvements at join points.

3. Complete the construction staking within the time frame as specified, commence the staking no longer than two working days from receipt of the request, providing continuous service until the request is complete.

4. Furnish all office support, labor, materials, equipment, tools and incidentals necessary to complete the specified surveys. The costs for these items shall be included in the hourly or lump sum costs and no additional compensation will be allowed therefor.

Miscellaneous Services

1. Investigate boundary discrepancies

2. Locate, relocate, establish, reestablish, or retrace the alignment or elevation for any of the fixed works embraced within the practice of civil engineering

3. Determine contours of the earth’s surface for topographic maps

4. Photogrammetric surveying or aerial topographic mapping or aerial photography

5. Provide Professional Land Surveying services as requested. A detailed scope of work will be outlined when specific project is assigned to the consultant. Services shall include, but are not limited to, cross-sections, intersection grids, centerline determination, digital terrain models (dtm), right of way determination, utility profiles and exhibits.

6. Horizontal control shall be based on the 1983 North American Datum (NAD83), tied to a minimum of two proximate County of Orange, CCS83, Zone VI, 1991.35 Epoch Adjustment control points. Project coordinate values shall be provided in U.S. Survey Feet. The County control points shall determine the Basis of Bearing for the project.

7. Vertical control shall be based on the North American Vertical Datum of 1988 (NAVD88), tied to a minimum of two proximate County of Orange bench marks. Project elevations shall be provided in U.S. Survey Feet.

8. Horizontal alignment(s) for the project shall be tied to the survey centerline monuments within the project area.

9. With the coordinate values, a full location and detailed description, including point character with reference(s), shall be provided for all found and set monuments for the project. For this purpose, a sketch of the control network is required.

10. Copies of all survey field notes and raw data files shall be provided along with a listing of the final coordinates for all surveyed points. The digital file format for the listing shall be:
point number, northing, easting, elevation, description (comma delineated with no spaces, one point per line). The coordinate precision shall be one hundredth of a foot.

11. At any given time the City may need to mobilize survey crews to different project sites, the consultant shall have a minimum of three (3) survey crews for mobilization Docusign Envelope ID: 26E24855-1F58-419E-BFAF-C4BFD77A74F6 Docusign Envelope ID: F4475295-EAC0-48AB-A8CF-B0D188720EB3 Docusign Envelope ID: DBF18F51-5EC2-4B3A-94C1-27C8AFF74DE1

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GRANT WRITING
Consultant shall provide experienced personnel, equipment and facilities to perform the following tasks:

1. Research and identify funding sources matching the needs of the City.

2. Review grant application guidelines and prepare a workplan.

3. Coordinate with City staff to prepare support documents for various grants.

4. Prepare grant applications and support documents to be submitted to the funding agencies.

5. Provide guidance and advise to staff on grant laws and requirements.

6. Review, prepare, and monitor funding reimbursement requests for assigned agreements.

7. Assist in the preparation of closeout reports and grant audit files as requested.

8. Prepare grant agreement addendum as necessary.

The City will pursue the following funding programs:
a. Building Resilient Infrastructure and Communities (BRIC) b. Bridge Investment Program (BIP)
c. Congestion Relief Program (CRP)
d. Healthy Streets Program
e. Nationally Significant Freight and Highway Programs (INFRA Grants) f. Promoting Resilient Operations for Transformative, Efficient, and Cost-Saving Transportation Program (PROTECT)
g. Railroad Crossing Elimination Program
h. Rebuilding American Infrastructure with Sustainability and Equity (RAISE) i. Reconnecting Communities and Neighborhoods (RCN)
j. Safe Streets for All
k. Stopping Threats to Pedestrians (STOP)
l. Active Transportation Program (ATP)

MATERIAL TESTING AND SPECIAL INSPECTION SERVICES
(Pursuant to SB 854 Requirements and Form of Agreement, Section 3.3.5 “Prevailing Wages”) The City desires to retain testing and inspection consultants to provide quality assurance services for upcoming construction projects. These projects include street pavement, traffic signals, underground utilities, buildings, bridges, parks, and facilities improvements. The required services shall include, but are not limited to, the following:

1. Provide field inspections and compaction tests for trench backfill, grading, and asphalt concrete pavement construction. Submit daily field reports to the City and final report at the completion of work.

2. Provide inspections for installation of precast and cast in-place concrete, welding, high strength bolts, structural steel, masonry, painting and other types of work in accordance with the project specifications, Standard Specifications for Public Works Construction, and Caltrans Standard Specifications.

3. Perform the following tests on various construction materials:
a. Mix Designs
b. Portland Cement Concrete
c. Concrete Masonry
Docusign Envelope ID: 26E24855-1F58-419E-BFAF-C4BFD77A74F6 Docusign Envelope ID: F4475295-EAC0-48AB-A8CF-B0D188720EB3 Docusign Envelope ID: DBF18F51-5EC2-4B3A-94C1-27C8AFF74DE1

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d. Brick Masonry
e. Masonry Prisms
f. Mortar and Grout
g. Fireproofing
h. Soils and Aggregates
i. Asphalt Concrete
j. Reinforcing Steel

4. Recommend testing method on defective work and advise the City of acceptance standards.

5. Provide source inspections for concrete and asphalt concrete at mixing plants, and in advance for the required inspections and tests.

6. The testing laboratory shall be under the supervision of a registered engineer with experience in inspection and testing of construction materials. This engineer shall certify the results of all tests performed by the lab personnel under his/her supervision.

7. The selected firm(s) shall maintain laboratory testing equipment in accordance with recognized national standards.

8. Correlation Testing Program: The Materials Laboratory shall be a participant in one of more of the following testing programs:
a. AASHGO Materials Reference Laboratory (ARML)
b. Cement and Concrete Reference Laboratory (CCRL)
c. Caltrans’ Reference Samples Program (RSP)
Docusign Envelope ID: 26E24855-1F58-419E-BFAF-C4BFD77A74F6 Docusign Envelope ID: F4475295-EAC0-48AB-A8CF-B0D188720EB3 Docusign Envelope ID: DBF18F51-5EC2-4B3A-94C1-27C8AFF74DE1

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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.

The contract term shall be effective on or about _______________________ through June 30, 2027 with one (1) additional three-year option renewal period, on an as-needed basis, with no guaranteed usage for on-call professional engineering and/or on-call professional consulting services. Pricing shall remain effective and in force for the entire initial contract term. City reserves the right to exercise option year renewals in its sole discretion. Subsequent contract term extensions, if exercised by the City, are as follows:
• Option 1, if exercised, shall be effective July 1, 2027 through June 30, 2030.

Docusign Envelope ID: 26E24855-1F58-419E-BFAF-C4BFD77A74F6 Docusign Envelope ID: F4475295-EAC0-48AB-A8CF-B0D188720EB3 Docusign Envelope ID: DBF18F51-5EC2-4B3A-94C1-27C8AFF74DE1

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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.

The total compensation of $2,750,000 per fiscal year breakdown is as follows:

Discipline Total Amount Per Fiscal Year

1. Landscape Architecture and Irrigation Design $500,000

2. Construction Management and Inspection Services $750,000

3. Civil Engineering $750,000

4. Land Surveying $250,000

5. Grant Writing $250,000

6. Material Testing and Special Inspection Services $250,000 [CONSULTANT RATES ON THE FOLLOWING PAGES]
Docusign Envelope ID: 26E24855-1F58-419E-BFAF-C4BFD77A74F6 Docusign Envelope ID: F4475295-EAC0-48AB-A8CF-B0D188720EB3 Docusign Envelope ID: DBF18F51-5EC2-4B3A-94C1-27C8AFF74DE1

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CONSULTANT HOURLY RATES:

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CONSULTANT GEOTECHNICAL / MATERIALS TESTING PREVAILING WAGE RATES:

CONSULTANT GEOTECHNICAL / MATERIALS TESTING NON-PREVAILING WAGE RATES:

Docusign Envelope ID: 26E24855-1F58-419E-BFAF-C4BFD77A74F6 Docusign Envelope ID: F4475295-EAC0-48AB-A8CF-B0D188720EB3 Docusign Envelope ID: DBF18F51-5EC2-4B3A-94C1-27C8AFF74DE1

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CONSULTANT GEOTECHNICAL / MATERIALS TESTING UNIT TESTING RATES:

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Docusign Envelope ID: 26E24855-1F58-419E-BFAF-C4BFD77A74F6 Docusign Envelope ID: F4475295-EAC0-48AB-A8CF-B0D188720EB3 Docusign Envelope ID: DBF18F51-5EC2-4B3A-94C1-27C8AFF74DE1

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CITY OF CORONA

PROFESSIONAL SERVICES AGREEMENT
WITH WOOD RODGERS, INC.
(CIVIL ENGINEERING SERVICES - ON-CALL ENGINEERING AND
PROFESSIONAL CONSULTING SERVICES, RFP 24-069AS)

1. PARTIES AND DATE.

This Agreement is made and entered into this day of , 2024 (“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 Wood Rodgers, Inc., a California corporation with its principal place of business at 3301 C. Street, Building 100B, Sacramento, CA 95816 (“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 on-call civil engineering 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 On-Call Engineering and Professional Consulting Services, RFP 24-069AS project (“Project”) as set forth in this Agreement.

2.3 Corona Utility Authority.

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 Docusign Envelope ID: BCB498AD-F623-4524-A3D9-8E0714C1DBEA Docusign Envelope ID: A3DA2181-956A-482D-8554-FDD71FABAA2C Docusign Envelope ID: 6619DCC3-A0BB-4858-974D-70BE619F47BD

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necessary to fully and adequately supply the on-call civil engineering 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.

3.2 Responsibilities of Consultant.

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 Docusign Envelope ID: BCB498AD-F623-4524-A3D9-8E0714C1DBEA Docusign Envelope ID: A3DA2181-956A-482D-8554-FDD71FABAA2C Docusign Envelope ID: 6619DCC3-A0BB-4858-974D-70BE619F47BD

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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.

The key personnel for performance of this Agreement are as follows: Jason Lemons, Matt Salveson, Steven Robinson, Chris Hodge, Glen Parker, Melissa Gomez, Steven Leung, John Nicolaus, Cody Milligan, and Tim Chamberlain.

3.2.6 Consultant’s Representative. Consultant hereby designates Jason Lemons, 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.

3.2.8 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 Docusign Envelope ID: BCB498AD-F623-4524-A3D9-8E0714C1DBEA Docusign Envelope ID: A3DA2181-956A-482D-8554-FDD71FABAA2C Docusign Envelope ID: 6619DCC3-A0BB-4858-974D-70BE619F47BD

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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 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. 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.

Docusign Envelope ID: BCB498AD-F623-4524-A3D9-8E0714C1DBEA Docusign Envelope ID: A3DA2181-956A-482D-8554-FDD71FABAA2C Docusign Envelope ID: 6619DCC3-A0BB-4858-974D-70BE619F47BD

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Consultant shall be solely liable for any and all costs associated with compliance with the Regulation as well asfor any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Consultant shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation.

Docusign Envelope ID: BCB498AD-F623-4524-A3D9-8E0714C1DBEA Docusign Envelope ID: A3DA2181-956A-482D-8554-FDD71FABAA2C Docusign Envelope ID: 6619DCC3-A0BB-4858-974D-70BE619F47BD

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3.2.10 Insurance.

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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.

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.

Docusign Envelope ID: BCB498AD-F623-4524-A3D9-8E0714C1DBEA Docusign Envelope ID: A3DA2181-956A-482D-8554-FDD71FABAA2C Docusign Envelope ID: 6619DCC3-A0BB-4858-974D-70BE619F47BD

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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 Docusign Envelope ID: BCB498AD-F623-4524-A3D9-8E0714C1DBEA Docusign Envelope ID: A3DA2181-956A-482D-8554-FDD71FABAA2C Docusign Envelope ID: 6619DCC3-A0BB-4858-974D-70BE619F47BD

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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.

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 Seven Hundred Fifty Thousand Dollars ($750,000) per fiscal year (“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.

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

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

Docusign Envelope ID: BCB498AD-F623-4524-A3D9-8E0714C1DBEA Docusign Envelope ID: A3DA2181-956A-482D-8554-FDD71FABAA2C Docusign Envelope ID: 6619DCC3-A0BB-4858-974D-70BE619F47BD

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3.4 Termination of Agreement.

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 Docusign Envelope ID: BCB498AD-F623-4524-A3D9-8E0714C1DBEA Docusign Envelope ID: A3DA2181-956A-482D-8554-FDD71FABAA2C Docusign Envelope ID: 6619DCC3-A0BB-4858-974D-70BE619F47BD

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under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5 Ownership of Materials and Confidentiality.

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use 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.

3.6 General Provisions.

Consultant:

Wood Rodgers, Inc.
3301 C. Street
Building 100B
Sacramento, CA 95816
Attn: Jason Lemons
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 Docusign Envelope ID: BCB498AD-F623-4524-A3D9-8E0714C1DBEA Docusign Envelope ID: A3DA2181-956A-482D-8554-FDD71FABAA2C Docusign Envelope ID: 6619DCC3-A0BB-4858-974D-70BE619F47BD

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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 Docusign Envelope ID: BCB498AD-F623-4524-A3D9-8E0714C1DBEA Docusign Envelope ID: A3DA2181-956A-482D-8554-FDD71FABAA2C Docusign Envelope ID: 6619DCC3-A0BB-4858-974D-70BE619F47BD

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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.

3.6.10 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.

3.6.12 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 Docusign Envelope ID: BCB498AD-F623-4524-A3D9-8E0714C1DBEA Docusign Envelope ID: A3DA2181-956A-482D-8554-FDD71FABAA2C Docusign Envelope ID: 6619DCC3-A0BB-4858-974D-70BE619F47BD

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

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.
[SIGNATURES ON NEXT 2 PAGES]
Docusign Envelope ID: BCB498AD-F623-4524-A3D9-8E0714C1DBEA Docusign Envelope ID: A3DA2181-956A-482D-8554-FDD71FABAA2C Docusign Envelope ID: 6619DCC3-A0BB-4858-974D-70BE619F47BD

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CITY’S SIGNATURE PAGE FOR

CITY OF CORONA

PROFESSIONAL SERVICES AGREEMENT
WITH WOOD RODGERS, INC.
(CIVIL ENGINEERING SERVICES - ON-CALL ENGINEERING AND
PROFESSIONAL CONSULTING SERVICES, RFP 24-069AS)
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.

CITY OF CORONA
By: _________________________
Savat Khamphou
Public Works Director/City Engineer
Reviewed By: _________________________
Keegan Olds
Acting CIP Manager
Reviewed By: _________________________
Rachel McLure
CIP Supervisor
Reviewed By: _________________________
Tracy Martin
Senior Project Manager
Reviewed By: _________________________
Yasmin Lopez
Purchasing Manager
Attest: _________________________
Sylvia Edwards, City of Corona, CA
City Clerk
Docusign Envelope ID: BCB498AD-F623-4524-A3D9-8E0714C1DBEA Docusign Envelope ID: A3DA2181-956A-482D-8554-FDD71FABAA2C Docusign Envelope ID: 6619DCC3-A0BB-4858-974D-70BE619F47BD

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CONSULTANT’S SIGNATURE PAGE FOR

CITY OF CORONA

WOOD RODGERS, INC.
a California corporation
By: _________________________
Mark Rayback
President
By: _________________________
Andy Durling
Secretary
Docusign Envelope ID: BCB498AD-F623-4524-A3D9-8E0714C1DBEA Docusign Envelope ID: A3DA2181-956A-482D-8554-FDD71FABAA2C Docusign Envelope ID: 6619DCC3-A0BB-4858-974D-70BE619F47BD

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EXHIBIT “A”

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 on-call civil engineering services necessary for the Project. The Services are more particularly described herein.

Support services typically needed by the City for each design-related Category include, but are not limited to, the following list:

CIVIL ENGINEERING
Consultant shall provide experienced and licensed personnel, equipment and facilities to perform the following tasks.

1. Prepare engineering plans, specifications and calculations signed by a professional engineer, registered in the State of California.

2. Prepare technical specifications for materials and methods for specific projects and for the City’s standard specifications library.

3. Prepare preliminary and final design plans and specifications for projects such as, but not limited to:
a. Driveways, sidewalks, parking lots and access roads
b. Street improvements with cross sections
c. Striping and traffic signals
d. Concrete pads for mounting equipment
e. Site grading, drainage and paving improvements
f. Slope stabilization
g. Bridges (pedestrian and vehicular)
Docusign Envelope ID: BCB498AD-F623-4524-A3D9-8E0714C1DBEA Docusign Envelope ID: A3DA2181-956A-482D-8554-FDD71FABAA2C Docusign Envelope ID: 6619DCC3-A0BB-4858-974D-70BE619F47BD

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h. Site development
i. Park development
j. Storm drain systems
k. Water Quality Management Plans (WQMPs)
l. Stormwater Pollution Prevention Plans (SWPPPs)
m. Construction specifications
n. Americans with Disabilities Act (ADA) improvements

5. Research existing records of utility companies and agencies and coordinate the proposed improvements with existing field conditions.

8. Prepare engineering plans, specifications and calculations signed by a professional engineer, registered in the State of California.

10. Attend meetings with the City staff as required and as necessary.

Docusign Envelope ID: BCB498AD-F623-4524-A3D9-8E0714C1DBEA Docusign Envelope ID: A3DA2181-956A-482D-8554-FDD71FABAA2C Docusign Envelope ID: 6619DCC3-A0BB-4858-974D-70BE619F47BD

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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.

Docusign Envelope ID: BCB498AD-F623-4524-A3D9-8E0714C1DBEA Docusign Envelope ID: A3DA2181-956A-482D-8554-FDD71FABAA2C Docusign Envelope ID: 6619DCC3-A0BB-4858-974D-70BE619F47BD

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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.

CONSULTANT RATES
Title/Classification Hourly Rate
Principal-in-Charge, QAQC Manager
(Principal Engineer/Geologist/Surveyor/Planner/GIS/LA* II) $345 Senior Project Manager
(Principal Engineer/Geologist/Surveyor/Planner/GIS/LA* I) $305 Project Manager
(Senior Engineer/Geologist/Surveyor/Planner/GIS/LA* II) $285 Senior Project Engineer, Senior Project Landscape Architect, Senior Land Surveyor
(Senior Engineer/Geologist/Surveyor/Planner/GIS/LA* I)
$275
Project Engineer, Project Landscape Architect, Land Surveyor (Project Engineer/Geologist/Surveyor/Planner/GIS/LA* II) $255 Professional Engineer, Land Surveyor, Landscape Architect (Engineer/Geologist/Surveyor/Planner/GIS/LA* I) $220
Engineer-in-Training, Civil Engineering Designer
(Assistant Engineer/Geologist/Surveyor/Planner/GIS/LA*) $190 CAD Designer/Technician
(CAD Technician/Graphics Designer) $175
Administrative Assistant/ Project Administrator
(Administrative Assistant) $165
Overtime Work, Expert Witness Testimony and Preparation Rate Plus 50% *LA = Landscape Architect
Docusign Envelope ID: BCB498AD-F623-4524-A3D9-8E0714C1DBEA Docusign Envelope ID: A3DA2181-956A-482D-8554-FDD71FABAA2C Docusign Envelope ID: 6619DCC3-A0BB-4858-974D-70BE619F47BD

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CITY OF CORONA

PROFESSIONAL SERVICES AGREEMENT
WITH Z & K CONSULTANTS, INC.
(CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES - ON-CALL ENGINEERING AND PROFESSIONAL CONSULTING SERVICES, RFP 24-069AS)

1. PARTIES AND DATE.

This Agreement is made and entered into this ____ day of _____________, 2024 (“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 Z & K Consultant, Inc., a California corporation with its principal place of business at 17130 Van Buren Blvd., Suite 122, Riverside CA 92504 (“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 on-call construction management and inspection 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 On-Call Engineering and Professional Consulting Services, RFP 24-069AS project (“Project”) as set forth in this Agreement.

2.3 Corona Utility Authority.

3. TERMS.

3.1 Scope of Services and Term.

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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 on-call construction management and inspection 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.

3.2 Responsibilities of Consultant.

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 Docusign Envelope ID: E912120A-5C63-4A3B-B83D-012DC8B0F7E4 Docusign Envelope ID: 9068F86C-A9AF-4655-9B18-647A8CAB684B Docusign Envelope ID: 40DC7756-F5CA-4896-A71A-B57408307EF0

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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.

The key personnel for performance of this Agreement are as follows: Zach Faqih, Nadeem Syed, Thomas Dawson, Greg Hunkle, Thomas Russell and Eddie Davalos.

3.2.6 Consultant’s Representative. Consultant hereby designates Crystal Fraire, 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.

3.2.8 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.

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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.

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Consultant shall be solely liable for any and all costs associated with compliance with the Regulation as well asfor any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Consultant shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation.

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3.2.10 Insurance.

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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.

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.

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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.

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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 Seven Hundred Fifty Thousand Dollars ($750,000) per fiscal year (“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.

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

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

3.4 Termination of Agreement.

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 Docusign Envelope ID: E912120A-5C63-4A3B-B83D-012DC8B0F7E4 Docusign Envelope ID: 9068F86C-A9AF-4655-9B18-647A8CAB684B Docusign Envelope ID: 40DC7756-F5CA-4896-A71A-B57408307EF0

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3.5 Ownership of Materials and Confidentiality.

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3.6 General Provisions.

Consultant:

Z & K Consultants, Inc.
17130 Van Buren Blvd., Suite 122
Riverside CA 92504
Attn: Crystal Fraire
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 Docusign Envelope ID: E912120A-5C63-4A3B-B83D-012DC8B0F7E4 Docusign Envelope ID: 9068F86C-A9AF-4655-9B18-647A8CAB684B Docusign Envelope ID: 40DC7756-F5CA-4896-A71A-B57408307EF0

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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 Docusign Envelope ID: E912120A-5C63-4A3B-B83D-012DC8B0F7E4 Docusign Envelope ID: 9068F86C-A9AF-4655-9B18-647A8CAB684B Docusign Envelope ID: 40DC7756-F5CA-4896-A71A-B57408307EF0

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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.

3.6.10 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.

3.6.12 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 Docusign Envelope ID: E912120A-5C63-4A3B-B83D-012DC8B0F7E4 Docusign Envelope ID: 9068F86C-A9AF-4655-9B18-647A8CAB684B Docusign Envelope ID: 40DC7756-F5CA-4896-A71A-B57408307EF0

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

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.
[SIGNATURES ON NEXT 2 PAGES]
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CITY’S SIGNATURE PAGE FOR

CITY OF CORONA

PROFESSIONAL SERVICES AGREEMENT
WITH Z & K CONSULTANTS, INC.
(CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES - ON-CALL ENGINEERING AND PROFESSIONAL CONSULTING SERVICES, RFP 24-069AS) IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.

CITY OF CORONA
By: _________________________
Savat Khamphou
Public Works Director/City Engineer
Reviewed By: _________________________
Keegan Olds
Acting CIP Manager
Reviewed By: _________________________
Rachel McLure
CIP Supervisor
Reviewed By: _________________________
Tracy Martin
Senior Project Manager
Reviewed By: _________________________
Yasmin Lopez
Purchasing Manager
Attest: _________________________
Sylvia Edwards, City of Corona, CA
City Clerk
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CONSULTANT’S SIGNATURE PAGE FOR

CITY OF CORONA

Z & K CONSULTANTS, INC.
a California corporation
By: _________________________
Crystal Fraire
President
By: _________________________
Jasmine Pate
Secretary
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EXHIBIT “A”

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 On-Call Construction Management and Inspection Services necessary for the Project. The Services are more particularly described herein.

Support services typically needed by the City for each design-related Category include, but are not limited to, the following list:

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b. Review and identify any errors, omissions, or discrepancies found in the Contract Documents shall be called to the attention of the City Staff and clarified prior to construction starts.
c. Attend pre-bid, pre-construction, and pre-operation meetings.

3. Submittal/RFI Review
a. Review of completeness and quantity of all required shop drawings, product data, samples and other submittals. Shall transmit the Submittals to City staffing for review and approval and shall establish and implement procedures for expediting the processing, approving, and distribution of Submittals. b. Develop, maintain, and manage all submittal/RFI logs. c. Determine the workflow on PROCORE for all Submittal/RFI review including City staff, design engineers, contractor personnel, and the construction management team.

4. Change Order Review
a. Shall conduct comprehensive evaluation of change order requests, provide independent estimates, render recommendations and assist in claim resolution.

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c. Provide status of monthly certified payroll reports and monthly as-builts updates as backup for each payment submitted to the city for review.

8. Project Closeout
a. The PM shall be responsible for all project closeout items, such as: As-Built plans and related documentation, punch list completion, commissioning, warranty requests during the one-year period. Shall schedule and oversee the Docusign Envelope ID: E912120A-5C63-4A3B-B83D-012DC8B0F7E4 Docusign Envelope ID: 9068F86C-A9AF-4655-9B18-647A8CAB684B Docusign Envelope ID: 40DC7756-F5CA-4896-A71A-B57408307EF0

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warranty repair. Should include site visits as requested by the City to look at defects or imperfections to determine if it is a warranty issue. b. Provide a close out report for but not limited to any violations, fringe benefit statements, missing payroll reports, unsatisfactory employee interviews, claims, and any other documentation related to prevailing wage and labor compliance.

10. Federal Requirements
a. Preparation of Caltrans documentation including but not limited to Award package, interim reports, and final report (close out) to be reviewed by the City.

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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.

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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.

CONSULTANT RATES
Title Hourly Rate
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DATE: 12/04/2024
TO: Honorable Mayor and City Council Members
FROM: Public Works Department
2024-182

REQUEST FOR CITY COUNCIL ACTION
SUBJECT:

CONSTRUCTION CONTRACT WITH MICON CONSTRUCTION, INC. IN THE AMOUNT OF $999,042 FOR COMMUNITY FACILITIES & INFRASTRUCTURE PHASE I - VICTORIA PARK SPLASHPAD CAPITAL IMPROVEMENT PROJECT NO. FC-2023-12; NOTICE INVITING BIDS 25-022AS
EXECUTIVE SUMMARY:

This staff report asks the City Council to approve the Construction Contract with Micon Construction, Inc. for the Community Facilities & Infrastructure Phase I - Victoria Park Splashpad Capital Improvement Project No. FC-2023-12. This project will provide a splashpad, showers, shade, lighting, walkways, and site improvements located at 312 9th Street.

RECOMMENDED ACTION:

That the City Council:
a. Adopt the Plans and Specifications for the Victoria Park Splashpad, Capital Improvement Project No. FC-2023-12.
b. Award Notice Inviting Bids 25-022AS to Micon Construction, Inc., the lowest responsive, responsible bidder, for the total bid amount of $999,042, and waive all minor irregularities in the bidding document as submitted by the said bidder.

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c. Approve the Construction Contract with Micon Construction, Inc. for the Community Facilities & Infrastructure Phase I - Victoria Park Splashpad Capital Improvement Project No. FC-2023-12 in the amount of $999,042. d. Authorize the City Manager, or his designee, to execute the Construction Contract with Micon Construction, Inc., in the amount of $999,042, including any nonsubstantive extensions, change orders, purchase orders, and amendments up to the amount authorized by Corona Municipal Code Section 3.08.050(H) which is equivalent to 10% or $99,904.
e. Authorize the City Manager or his designee to issue a purchase order to Micon Construction, Inc. in the amount of $999.042.
f. Authorize an appropriation in the amount of $380,000 from the Parks and Open Space Fund 217 to the Community Facilities & Infrastructure Phase I - Victoria Park Splashpad Capital Improvement Project No. FC-2023-12. g. Authorize a budgetary transfer in the amount of $634,289 from the Community Facilities & Infrastructure Phase III - Victoria Park Community Facility Capital Improvement Project No. FC-2025-20 to the Community Facilities & Infrastructure Phase I - Victoria Park Splashpad Capital Improvement Project No. FC-2023-12, within the Community Development Block Grant (CDBG) Fund 431.

BACKGROUND & HISTORY:

Victoria Park is a 2.29-acre park located at the intersection of S. Victoria Avenue and E. 9 th Street and is zoned for Parks. The existing park amenities include a community center, basketball court, playground, picnic benches, and parking area.

On February 7, 2024, City Council approved the Park and Recreation Masterplan, which identifies a new splashpad at Victoria Park as a part of Systemwide Enhancements. The Victoria Park Splashpad is supported by the City’s Strategic Priorities for the Downtown area, as this project invests in public park infrastructure. The proposed splash pad includes several water features and designated play areas with multiple sprayers. It is proposed to be located in an underutilized turf area within the park.

On October 17, 2022, the City hired NUVIS Landscape Architecture, Inc. to prepare the necessary plans and specifications for the splashpad project.

On November 6, 2022, the City Council approved a purchase order with Vortex International for the purchase of splash pad equipment for the Community Facilities & Infrastructure Phase I – Victoria Park Splashpad Capital Improvement Project No. FC2023-12.

ANALYSIS:

The project was posted on the PlanetBids portal on September 26, 2024, and advertised on the Sentinel Weekly News on September 27, 2024, soliciting bids pursuant to Corona

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Municipal Code section 3.08.090, Public projects - formal bidding procedure, and the City’s purchasing policy through the City’s PlanetBids bidding portal. Nine hundred and one (901) prospective bidders were notified of the project through PlanetBids, and eighty (80) prospective bidders downloaded the bid document files. Two hundred and forty (240) additional contractors from five (5) surrounding counties were notified via email of the bid solicitation using the U.S. Small Business Administration (SBA) search portal. On November 7, 2024, the City received eight (8) bids through the PlanetBids bidding service.

No. Contractor Location Bid Total
1 USA Construction Cumming, GA $1,125,780
2 Micon Construction Placentia, CA $1,427,372
3 RG General Construction Norco, CA $1,656,049
4 Elegant Construction Irvine, CA $1,688,348
5 Rhome Profile Construction Corp Bellflower, CA $1,853,964 6 Fidelity Builders, Inc. Glendale, CA $2,167,000
7 Venture Construction and
Management
Corona, CA $2,376,174
8 Developers General Contracting Irvine, CA $2,601,454
Staff reviewed all bids and determined USA Construction to be non-responsive due to missing required information in their bid and not submitting a bid bond. Staff recommends awarding the contract to Micon Construction, Inc., as the lowest responsive, responsible bidder based on Bid Schedule A and Alternate Bid Schedule C for a total contract amount of $999,042. Bid schedule C was for the purchase of equipment, which the City will furnish. All licenses and references for Micon Construction, Inc. have been reviewed and verified by City staff, and all other documentation is in order.

FINANCIAL IMPACT:

Approval of the recommended actions will result in an appropriation in the amount of $380,000 from the Parks and Open Space Fund 217. In addition, a budgetary transfer will be included in the amount of $634,289 from the Community Facilities & Infrastructure Phase III – Victoria Park Community Facility Capital Improvement Project No. FC-2025- 20 to the Community Facilities & Infrastructure Phase I - Victoria Park Splash Pad Capital Improvement Project No. FC-2023-12, within the CDBG Fund 431.

The estimated project costs are outlined as follows:

Design/Engineering…………………………….………………………………………………
………$100,000
Splashpad equipment
purchase..…………………………………………………………………$325,000
Construction
………………………………………………………………………………….………$1,000,00
0

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Materials Testing, Labor Compliance,
Inspection…………………………….……..………$100,000
Contingency (10%)
………………………………..……………………….……………………….… $100,000
Total Project Cost
………………….……………………………………………………………… $1,625,000
Staff recommends budgetary transfers and an appropriation as follows:

Fund Project No. Current Project
Balance
Appropriation/
Transfer
Revised
Balance
CDBG Fund
431
FC-2023-12
(Victoria Park
Splash Pad)

610,711

634,289

1,245,000
Parks and
Open Space
Fund 217
FC-2023-12
(Victoria Park
Splash Pad)
- 380,000
380,000
CDBG Fund
431
FC-2025-20
(Victoria Park
Community
Facility)

721,783

(634,289)

87,494
Total $
1,332,494
$
380,000
$
1,712,494
ENVIRONMENTAL ANALYSIS:

These actions are categorically exempt pursuant to Section 15301 of the Guidelines for the California Environmental Quality Act (CEQA), which states that the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the CEQA determination and is therefore exempt from CEQA, therefore, no environmental analysis is required and staff has filed a Notice of Exemption with the County of Riverside.

PREPARED BY: RACHEL MCLURE, CIP SUPERVISOR
REVIEWED BY: SAVAT KHAMPHOU, PUBLIC WORKS DIRECTOR
ATTACHMENTS:

1. Exhibit 1 – Location Map

2. Exhibit 2 – Construction Contract

Page 1569 of 2748 ends

CITY OF CORONA

PUBLIC WORKS DEPARTMENT

VICTORIA PARK SPLASHPAD
PROJECT NO FC-2023-12
EXHIBIT 1 – LOCATION MAP

PROJECT LOCATION

Page 1570 of 2748 ends

CONTRACT
THIS CONTRACT is made this 4th day of December, 2024, in the County of Riverside, State of California, by and between the City of Corona, hereinafter called City, and Micon Construction, Inc. hereinafter called Contractor. The City and the Contractor for the considerations stated herein agree as follows:

ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated the Contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project:

Victoria Park Splash Pad, Project No. FC-2023-12, NIB No. 25-022AS The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractors failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. A Move-in period of 15 calendar days shall start on the date of issuance of the Notice to Proceed. This period shall be used by the Contractor to confirm utility locations, turn in project submittals or other supporting documentation for approval and procure the necessary material and equipment to complete the Work. The Work shall commence on the last day of the Move-in period or the first Working Day the Contractor actually starts the Work, whichever occurs first. The Contractor shall complete all Work required by the Contract Documents within 90 Working Days. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Nine Hundred Ninety-Nine Thousand Forty-Two Dollars and Zero Cents ($999,042.00) Payment shall be made as set forth in the General Conditions.

ARTICLE 4. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $500.00 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The Contract Documents include the following:

Notice Inviting Bids
Instructions to Bidders
Contractor's Bid Forms
Contractors Certificate Regarding Workers Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders
Docusign Envelope ID: FA41FD3D-75D7-4B2B-BC04-B1581939C513

Page 1571 of 2748 ends

Non-Collusion Declaration form
Contract
Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Special Provisions (or Special Conditions)
Technical Specifications
Addenda
Plans and Contract Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project.

ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES. Contractor is aware of the prevailing wage 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. Contractor and its subcontractors shall fully comply with the Prevailing Wage Laws for their employees and any others to whom such laws are applicable. Contractor and its subcontractors 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 Contract is subject to compliance monitoring and enforcement by the DIR. Beginning April 1, 2015, no contractor or subcontractor may be awarded this Contract unless registered with the DIR pursuant to Labor Code section 1725.5. The City will report all necessary contracts to the DIR as required by the Prevailing Wage Laws.

Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Work available to interested parties upon request, and shall post copies at the Contractors principal place of business and at the Project site. It is most efficient for the Contractor to obtain a copy of the prevailing wages in effect at the commencement of this Contract from the website of the Division of Labor Statistics and Research of the DIR located at www.dir.ca.gov/dlsr/. In the alternative, the Contractor may obtain a copy of the prevailing wages from the City. Contractor 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. If the Work involves federal funds or otherwise requires compliance with the Davis-Bacon Fair Labor Standards Act, the Contractor and all its subcontractors shall comply with the higher of the state or federal prevailing wage rates.

Docusign Envelope ID: FA41FD3D-75D7-4B2B-BC04-B1581939C513

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IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF CORONA
By: ______________________________ Savat Khamphou
Public Works Director/City Engineer
Reviewed By:
______________________________ Keegan Olds, PE
Acting CIP Manager
Reviewed By:
______________________________ Rachel McLure
CIP Supervisor
Reviewed By:
______________________________ Yasmin Lopez
Purchasing Manager
Attest: ______________________________ Sylvia Edwards, City Clerk City of Corona, California
MICON CONSTRUCTION, INC.

By: ______________________________ Signature ______________________________ Name ______________________________ Title ______________________________ License Number By: ______________________________ Signature ______________________________ Name ______________________________ Title Docusign Envelope ID: FA41FD3D-75D7-4B2B-BC04-B1581939C513

Page 1573 of 2748 ends

Certificate Of Completion
Envelope Id: FA41FD3D75D74B2BBC04B1581939C513 Status: Completed Subject: Complete with Docusign: Contract -Victoria Park Splash Pad NIB 25-022AS -Micon-Final partial ex...

Source Envelope:

Document Pages: 3 Signatures: 3 Envelope Originator:

Certificate Pages: 2 Initials: 0 Rachel McLure
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
400 S Vicentia Ave
Corona, CA 92882
[email protected]
IP Address: 64.29.226.10
Record Tracking
Status: Original
11/21/2024 12:48:50 PM
Holder: Rachel McLure
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Corona, CA Location: DocuSign Signer Events Signature Timestamp
Rachel McLure
[email protected]

CIP SUPERVISOR
City of Corona - CIP Division
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 64.29.226.10
Sent: 11/21/2024 12:52:16 PM
Viewed: 11/21/2024 12:52:22 PM
Signed: 11/21/2024 12:52:30 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Keegan Olds
[email protected]

ACTING ASSISTANT CITY ENGINEER
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 64.29.226.10
Sent: 11/21/2024 12:52:31 PM
Viewed: 11/21/2024 12:54:29 PM
Signed: 11/21/2024 12:54:34 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Savat Khamphou
[email protected]
Public Works Director
Corona, CA
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 64.29.226.10
Sent: 11/21/2024 12:54:36 PM
Viewed: 11/21/2024 12:57:39 PM
Signed: 11/21/2024 12:57:54 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp

Page 1574 of 2748 ends

Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 11/21/2024 12:52:16 PM
Certified Delivered Security Checked 11/21/2024 12:57:39 PM Signing Complete Security Checked 11/21/2024 12:57:54 PM Completed Security Checked 11/21/2024 12:57:54 PM
Payment Events Status Timestamps

Page 1575 of 2748 ends

DATE: 12/04/2024
TO: Honorable Mayor and City Council Members
FROM: Public Works Department
2024-183

REQUEST FOR CITY COUNCIL ACTION
SUBJECT:

CONSTRUCTION CONTRACT WITH ONYX PAVING COMPANY, INC. IN THE AMOUNT OF $10,963,000 FOR THE CITYWIDE PAVEMENT REHABILITATION CAPITAL IMPROVEMENT PROJECT NO. ST-2025-26; NOTICE INVITING BIDS 25- 024AS
EXECUTIVE SUMMARY:

This staff report asks the City Council to approve the Construction Contract with Onyx Paving Company, Inc. for the Citywide Street Pavement Rehabilitation Capital Improvement Project No. ST-2025-26. The project includes rehabilitating approximately 97 lane miles of local, collector, and arterial roads to preserve and extend the useful life of the asphalt pavement, provide a smoother travel surface for motorists and pedestrians, and protect pedestrians with Americans with Disabilities Act-compliant street improvements.

RECOMMENDED ACTION:

That the City Council:
a. Adopt Plans and Specifications for the Citywide Street Pavement Rehabilitation, Capital Improvement Project No. ST-2025-26, Notice Inviting Bid 25-024AS.

Page 1576 of 2748 ends

b. Award Notice Inviting Bids 25-024AS to Onyx Paving Company Inc., the lowest responsive, responsible bidder, for the total bid amount of $10,963,000, and waive all minor irregularities in the bidding document as submitted by the said bidder. c. Approve the Construction Contract with Onyx Paving Company, Inc. for the Citywide Street Pavement Rehabilitation Capital Improvement Project No. ST2025-26 in the amount of $10,963,000. d. Authorize the City Manager, or his designee, to execute the Construction Contract with Onyx Paving Company, Inc. in the amount of $10,963,000, including any nonsubstantive extensions, change orders, purchase orders, and amendments up to 10%, which is equivalent to $1,096,300.
e. Authorize the City Manager or his designee to issue a purchase order to Onyx Paving Company, Inc., in the amount of $10,963,000.
f. Authorize a budgetary transfer in the amount of $651,850 from the Citywide Americans with Disabilities Act & Sidewalk Improvements Capital Improvement Project No. ST-2025-05 to the Citywide Street Pavement Rehabilitation Capital Improvement, Project No. ST-2025-26, in Measure X Fund 120. g. Authorize an appropriation in the amount of $2,055,754 to the Citywide Street Pavement Rehabilitation Capital Improvement Project No. ST-2025-26 from Measure A Fund 227.

BACKGROUND & HISTORY:

The Citywide Street Pavement Rehabilitation Project No. ST-2025-26 includes the rehabilitation of several local, collector, and arterial streets within the City, as shown in Exhibit 1. It also includes the repair of Green River Road north of the 91 freeway that had been deferred from last year’s project, waiting for an encroachment permit from Caltrans.

This project is the last project of the Five-Year Pavement Rehabilitation Plan. The project will continue to preserve the existing pavement, extend the useful life of the asphalt, provide a smoother travel surface for motorists and pedestrians, and preserve accessibility for pedestrians as required by the Americans with Disabilities Act (ADA).

ANALYSIS:

The Plans and Specifications for the project were completed and reviewed by City staff and are ready for adoption and award. As specified in the bid package, the City shall award the contract for the Project to the lowest responsive, responsible bidder as determined from the lowest total for the Bid Schedule.

The project was advertised on October 4, 2024, soliciting bids, pursuant to Corona Municipal Code section 3.08.90, Public projects - formal bidding procedure, and purchasing policy through the City’s PlanetBids bidding portal. Three hundred twentyeight (328) prospective bidders were notified of the project through the PlanetBids bidding portal, and forty-five (45) prospective bidders downloaded the bid document files. Forty

Page 1577 of 2748 ends

(40) contractors from five (5) surrounding counties were notified via email of the bidding opportunity using the U.S. Small Business Administration (SBA) search portal. Three (3) bids were received through the PlanetBids bidding service.

No. Contractor Location Bid Total
1 Onyx Paving Company, Inc. Anaheim $10,963,000.00
2 All American Asphalt Corona $12,798,897.21
3 RJ Noble Company Orange $13,175,769.11
Staff has reviewed all bids and recommends awarding the contract to Onyx Paving Company, Inc., as the lowest responsive, responsible bidder based on the Bid Schedule for a total contract amount of $10,963,000. All licenses and references for Onyx Paving Company, Inc. have been reviewed and verified by City staff, and all other documentation is in order.

City staff will perform the construction management, and a contract consultant will perform the inspection services. Construction is tentatively scheduled to start in early January 2025, with completion anticipated in October 2025.

FINANCIAL IMPACT:

The estimated project costs are outlined as follows:

Construction.………………………………………………………………………………….….
…$10,963,000
Construction Contingency
(10%)……………………………………..….……..……………..$1,096,300
Construction Support (Inspection, materials testing, staff time)….……..……………. $548,150
Total Project Cost
………………….………………………………..……………………………$12,607,450
The project budget will be available from the following sources:

Page 1578 of 2748 ends

Fund Project No. Current
Balance
Appropriation/
Transfer
Revised
Balance
Road
Maintenance
and
Rehabilitation
Account
(RMRA)
(Fund 221)
ST-2025-26
(Citywide
Street
Pavement
Rehabilitation)

4,010,846

4,010,846
Measure A
(Fund 227)
ST-2025-26
(Citywide
Street
Pavement
Rehabilitation)

5,889,000

2,055,754

7,944,754
Measure X
(Fund 120)
ST-2025-26
(Citywide
Street
Pavement
Rehabilitation)

- 651,850 651,850
Total $ 9,899,846 $ 2,707,604 $ 12,607,450
Fund Project No. Appropriation/
Transfer
Measure X
(Fund 120)
ST-2025-05
(Citywide ADA &
Sidewalk
Improvements)

(651,850)
Measure A
(Fund 227) -

(2,055,754)
Total
$
(2,707,604)
ENVIRONMENTAL ANALYSIS:

These actions are categorically exempt pursuant to Section 15301(c) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project which consists of minor repairs and maintenance to existing facilities does not have a significant impact of the environment and is therefore exempt from CEQA. This action involves minor repairs, maintenance, and alteration of existing highways, streets, sidewalks, or similar features involving negligible or no expansion of use beyond that currently existing from the requirements of CEQA. A Notice of Exemption will be filed prior to the start of construction.

PREPARED BY: FREDY CASTILLO, SENIOR ENGINEER
REVIEWED BY: SAVAT KHAMPHOU, PUBLIC WORKS DIRECTOR

Page 1579 of 2748 ends

ATTACHMENTS:

1. Exhibit 1 – Location Map

2. Exhibit 2 – Construction Contract

Page 1580 of 2748 ends

RIVER RD

SMITH AV

GRAND BL

HAMNER AV MAIN ST

GREEN RIVER RD

PROMENADE AV

WEIRICK RD
TENTH
ST

HIDDEN VALLEY PK

ONTARIO AV

SIXTH ST

INDIANA AV
PASEO
GRANDE

CAJALCO RD

PARKRIDGE AV

BORDER AV

FOOTHILL PK
AUTO

CENTER DR

EL CERRITO RD
JOY ST

HIGHGROVE

ST VIA PACIFICA

FULLERTON AV

MCKINLEY ST

KNABE RD

VIA DEL RIO

RIMPAU AV

SERFAS CLUB DR

MAGNOLIA AV

CALIFORNIA AV

CORYDON ST

LINCOLN AV

TEMESCAL CANYON RD NORCO HILLS RD

RIDGELINE DR

EAGLE GLEN PK

RAILROAD ST
Legend
Project Limits
City Boundary
2 1 0 2 Miles
±
Annual Citywide Pavement Rehabilitation
2024-2025

Page 1581 of 2748 ends

CONTRACT
THIS CONTRACT is made this 4th day of December, 2024, in the County of Riverside, State of California, by and between the City of Corona, hereinafter called City, and Onyx Paving Company, Inc. hereinafter called Contractor. The City and the Contractor for the considerations stated herein agree as follows:

CITYWIDE PAVEMENT REHABILITATION, PROJECT NO. ST-2025-26, NIB NO.25-024AS The Contractor and its surety shall be liable to the City for any damages arising as a result of the ARTICLE 2. TIME FOR COMPLETION. A Move-in period of 7 calendar days shall start on the date of issuance of the Notice to Proceed. This period shall be used by the Contractor to confirm utility locations, turn in project submittals or other supporting documentation for approval and procure the necessary material and equipment to complete the Work. The Work shall commence on the last day of the Move-in period or the first Working Day the Contractor actually starts the Work, whichever occurs first. The Contractor shall complete all Work required by the Contract Documents within 150 Working Days. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Ten Million Nine Hundred Sixty-Three Thousand Dollars and Zero Cents ($10,963,000.00) Payment shall be made as set forth in the General Conditions.

ARTICLE 4. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,500 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT
the following:

Notice Inviting Bids
Instructions to Bidders
Contractor's Bid Forms
Bid Bond
Designation of Subcontractors
Information Required of Bidders
Docusign Envelope ID: EB6AD4E2-6EAA-47E9-870F-CBEC24EB950C Docusign Envelope ID: 4C5CA85F-4A9A-4E17-8C52-32EBECA0B326

Page 1582 of 2748 ends

ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES. Contractor is aware of the prevailing wage 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 Contractor and its subcontractors
shall fully comply with the Prevailing Wage Laws for their employees and any others to whom such laws are applicable. Contractor and its subcontractors 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 Contract is subject to compliance monitoring and enforcement by the DIR. Beginning April 1, 2015, no contractor or subcontractor may be awarded this Contract unless registered with the DIR pursuant to Labor Code section 1725.5. The City will report all necessary contracts to the DIR as required by the Prevailing Wage Laws.

Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Work available to interested parties upon request, and siness and at the Project site. It is most
efficient for the Contractor to obtain a copy of the prevailing wages in effect at the commencement of this Contract from the website of the Division of Labor Statistics and Research of the DIR located at www.dir.ca.gov/dlsr/. In the alternative, the Contractor may obtain a copy of the prevailing wages from the City. Contractor 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. If the Work involves federal funds or otherwise requires compliance with the Davis-Bacon Fair Labor Standards Act, the Contractor and all its subcontractors shall comply with the higher of the state or federal prevailing wage rates.

Docusign Envelope ID: EB6AD4E2-6EAA-47E9-870F-CBEC24EB950C Docusign Envelope ID: 4C5CA85F-4A9A-4E17-8C52-32EBECA0B326

Page 1583 of 2748 ends

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF CORONA
By: ______________________________ Savat Khamphou
Public Works Director/City Engineer
Reviewed By: ______________________________ Keegan Olds, P.E.

Acting CIP Manager
Reviewed By: ______________________________ Fredy Castillo Senior Engineer
Reviewed By: ______________________________ Yasmin Lopez Purchasing Manager
Attest: ______________________________ Sylvia Edwards, City Clerk City of Corona, California
ONYX PAVING COMPANY, INC.

Page 1584 of 2748 ends

DATE: 12/04/2024
TO: Honorable Mayor and City Council Members
FROM: Public Works Department
2024-184

REQUEST FOR CITY COUNCIL ACTION
SUBJECT:

CONSTRUCTION CONTRACT WITH R2BUILD, A CALIFORNIA CORPORATION, IN THE AMOUNT OF $4,515,720 FOR THE SOUTH MALL PARKING LOT, MAIN AND 6TH STREETS, CAPITAL IMPROVEMENT PROJECT NO. ST-2025-07; NOTICE INVITING BIDS 25-029-CA
EXECUTIVE SUMMARY:

This staff report asks the City Council to approve the Construction Contract with R2BUILD, a California Corporation, for the South Mall Parking Lot Rehabilitation, Capital Improvement Project No. ST-2025-07. The project includes the rehabilitation of the “South Mall” parking lot on the Southeast corner of Main and 6th Streets and the reconstruction of the existing traffic signal at the intersection of Stan Reynolds Parkway and Main Street.

RECOMMENDED ACTION:

That the City Council:
a. Adopt Plans and Specifications for the South Mall Parking Lot, Main and 6th Streets, Capital Improvement Project No. ST-2025-07, Notice Inviting Bid 25-029- CA.
b. Award Notice Inviting Bids 25-029-CA to R2BUILD, a California Corporation, the lowest responsive, responsible bidder, for the total bid amount of $4,515,720, and

Page 1585 of 2748 ends

waive all minor irregularities in the bidding document as submitted by the said bidder.
c. Approve the Construction Contract with R2BUILD for the South Mall Parking Lot, Main and 6th Street, Capital Improvement Project No. ST-2025-07 in the amount of $4,515,720.
d. Authorize the City Manager, or his designee, to execute the Construction Contract with R2BUILD in the amount of $4,515,720, including any non-substantive extensions, change orders, purchase orders, and amendments up to 10%, which is equivalent to $451,572.
e. Authorize a budget reduction in the amount of $476,475.83 from American Rescue Plan Act Fund 413 in CIP No. ST-2025-07 South Mall Parking Lot, Main and 6th Street Project.
f. Authorize a cash transfer in the amount of $476,475.83 from the American Rescue Plan Act Fund 413 to Measure X Fund 120 as a reimbursement for City Park Revitalization Project costs.
g. Authorize an appropriation in the amount of $677,358.53 from the Measure X Fund 120 to the South Mall Parking Lot Rehabilitation, Capital Improvement Project No.

ST-2025-07.

BACKGROUND & HISTORY:

The South Mall Parking Lot, Main and 6th Street, Project No. ST-2025-07 includes the rehabilitation of the City-owned “South Mall” parking lot on the Southeast corner of Main Street and 6th Street, as well as reconstruction of the existing traffic signal at the west entrance to the parking lot at the intersection of Stan Reynolds Parkway and Main Street.

See Exhibit 1 for the project location. The total project area is approximately 2.32 acres.

On April 5, 2023, the City entered into a Cost Sharing Agreement with Rest Area, LLC for funding the design of project plans for the redevelopment of the “South Mall” parking lot.

KES Technologies, Inc. the developer’s civil engineering consultant, developed the plans with City Staff oversight.

The project is part of the Downtown Revitalization Plan and will contribute to further improvements and economic activity within the City's downtown core.

Work includes but is not limited to reconstruction of asphalt pavement, sidewalks, drainage features, planting and landscaping, new LED overhead lighting within the parking lot, ADA accessibility improvements, trash enclosures, utility relocations, new signal poles, realignment of crosswalks, striping, and various other improvements.

Construction is tentatively scheduled to start in January 2025, with completion anticipated in April 2025.

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ANALYSIS:

The project was advertised on October 16, 2024, soliciting bids, pursuant to Corona Municipal Code section 3.08.110, public project formal bidding procedure, and purchasing policy through the City’s PlanetBids bidding portal. Seventy-one (71) prospective bidders were notified of the project, and on November 14, 2024, the City received five (5) bids through the PlanetBids bidding service.

No. Contractor Location Bid Total
1 Horizons Construction Company Orange $4,093,327.10
2 R2BUILD Laguna Hills $4,515,719.47
3 All American Asphalt Corona $4,632,236.40
4 Nationwide Contracting Services Huntington Beach $4,992,552.30 5 Hillcrest Contracting Corona $5,021,194.98
On Friday, November 15, 2024, the apparent low bidder, Horizons Construction Company, submitted a letter formally requesting to withdraw their bid, citing a mathematical calculation error on their Bid Schedule sheet.

City staff has reviewed all bids and recommends awarding the contract to R2BUILD, a California corporation, as the lowest responsive, responsible bidder based on the Bid Schedule for a total contract amount of $4,515,720. City staff has also reviewed and verified all licenses and references for R2BUILD, and all other documentation is in order.

City staff will perform the construction management, and a contract consultant will perform the inspection services, materials testing, and labor compliance. Construction is tentatively scheduled to commence in early January 2025, with completion anticipated in April 2025.

FINANCIAL IMPACT:

American Rescue Plan Act (ARPA) funds have been appropriated for use for this project.

ARPA requirements state that all funds must be encumbered or under contract prior to December 31, 2024, or they must be returned. Eligible costs include this construction contract in the amount of $4,515,719.17 to R2BUILD, a California corporation, for consideration of award before the deadline. To ensure all ARPA funds are encumbered prior to the deadline, the remaining ARPA balance of $476,475.83 is recommended to be removed from the South Mall Parking Lot, Capital Improvement Project No. ST-2025-07.

Those funds will be processed as a cash transfer to Measure X Fund 120 as a reimbursement for City Park Revitalization Project costs. To cover construction contingency and support costs, such as inspection, materials testing, labor compliance,

Page 1587 of 2748 ends

Corona City CouncilDecember 4, 2024

Corona City Council
December 4, 2024