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Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.
3.2.9 Laws and Regulations; Employee/Labor Certifications. Contractor 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. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work or Services knowing them to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours' labor shall constitute a legal day's work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor 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; Contractor. By executing this Agreement, Contractor 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 Contractor. Contractor 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. Contractor 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. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for Docusign Envelope ID: 53AB9B92-8393-49A2-9C51-A2C81482800D
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inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.9 or any of its sub-sections.
3.2.9.2 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants 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 Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, subsubcontractors or consultants 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 Contractor 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, Contractor 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. Contractor 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. Contractor 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.
3.2.9.6Air Quality. Contractor 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, Contractor 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 fuel-powered engine.
Contractor 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 Docusign Envelope ID: 53AB9B92-8393-49A2-9C51-A2C81482800D
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regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
Contractor 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, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and its subcontractors’ fleets including, without limitation, the Certificates of Reported Compliance (“CRCs”), fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City.
Contractor shall be solely liable for any and all costs associated with compliance with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor 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 Contractor commences any Services under this Agreement, Contractor 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. Contractor 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 Contractor, its agents, representatives, employees or subcontractors.
Contractor shall also require all of its subcontractors 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 Contractor has no owned autos, Code 8 (hired) and 9 (non-owned); and (3) Workers’ Docusign Envelope ID: 53AB9B92-8393-49A2-9C51-A2C81482800D
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Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 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 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 per accident for bodily injury or disease.
3.2.10.3 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 Contractor, 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 Contractor’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 Contractor.
(C) All Coverages. If Contractor 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 Contractor. Thus, any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
3.2.10.4 Other Provisions; Endorsements Preferred. Contractor 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 Contractor:
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(A) Waiver of Subrogation – All Other Policies. Contractor hereby waives all rights of subrogation any insurer of Contractor’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 Contractor.
Contractor 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. Contractor 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 Contractor.
Contractor 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.
3.2.10.5 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, Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Project.
3.2.10.6 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 Contractor 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.
3.2.10.7 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.
3.2.10.8 Verification of Coverage. Contractor 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 Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
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3.2.10.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.
3.2.10.10 Sub-Contractors. All subcontractors shall comply with each and every insurance provision of this Section 3.2.10. Contractor shall therefore not allow any subcontractor to commence work on any subcontract to perform any part of the Services until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Agreement.
3.2.10.11 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. Contractor 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 Contractor 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 Bonds.
3.2.12.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the Total Compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the Total Compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.12.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least Docusign Envelope ID: 53AB9B92-8393-49A2-9C51-A2C81482800D
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ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the Total Compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the Total Compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.12.4 Surety Qualifications. The bonds must be provided by a surety which is satisfactory to the City and which meets either of the following criteria: (1) a surety with a current A.M. Best’s rating no less than A-:VII and licensed as an admitted surety insurer in California; or (2) a surety with a current A.M. Best’s rating no less than A-:X and authorized to issue the required bonds in California. If a surety does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.2.13 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor 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. Contractor 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. Contractor 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 Hundred Thirteen Thousand, Eight Hundred Nineteen Dollars and Eighty-Nine Cents ($113,819.89) (“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. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. 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, Docusign Envelope ID: 53AB9B92-8393-49A2-9C51-A2C81482800D
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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. Contractor 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 Contractor 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.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
3.3.5 Prevailing Wages. Contractor 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” projectsIf 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, 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 Agreement would also be subject to compliance monitoring and enforcement by the California Department of Industrial Relations (“DIR”). Beginning April 1, 2015, no contractor or subcontractor 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. Contractor 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 Contractor’s 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 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, Contractor may obtain a copy of the prevailing wages from the City’s Representative. 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.
3.3.6 Apprenticeable Crafts. If the Project is being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Contractor 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 Contractor Docusign Envelope ID: 53AB9B92-8393-49A2-9C51-A2C81482800D
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employs workmen in an apprenticeable craft or trade. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, as well as any authorized reimbursable expenses, and Contractor shall be entitled to no further compensation. Contractor 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 Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor 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 General Provisions.
3.5.1 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:
Contractor:
Augustine General Engineering, Inc.
8780 19th Street, Box #298
Alta Loma, CA 91701
Attn: Mike Lowen
City:
City of Corona
400 South Vicentia Avenue
Corona, CA 92882
Attn Tom Moody, Utilities 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: 53AB9B92-8393-49A2-9C51-A2C81482800D
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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.
3.5.2 Indemnification. To the fullest extent permitted by law, Contractor 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 Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’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 Contractor'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 Contractor. Contractor’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.
3.5.3 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, Contractor 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 Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.6.1 Subcontractors; Assignment or Transfer. Contractor shall not subcontract any portion of the Services required under this Agreement, except as expressly Docusign Envelope ID: 53AB9B92-8393-49A2-9C51-A2C81482800D
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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. Contractor 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 subcontractors, assignees, hypothecates or transferees shall acquire no right or interest by reason of such action.
3.5.6.2 Corona Utility Authority. To the extent that this Agreement is deemed to be a "material contract" under either of the CUA Management Agreements, Contractor 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, Contractor 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.
3.5.7 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 Contractor include all personnel, employees, agents, and subcontractors of Contractor, 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.
3.5.8 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.9 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.
3.5.10 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.6, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.11 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.
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3.5.12 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors 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.
3.5.13 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.
3.5.14 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.
3.5.15 Authority to Enter Agreement. Contractor 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.
3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.5.17 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
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH AUGUSTINE GENERAL ENGINEERING, INC.
(SEWER MAIN EMERGENCY REPAIR SERVICES – 3915 GREEN RIVER ROAD
PROJECT)
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.
CITY OF CORONA
By: _________________________
Jacob Ellis
City Manager
Reviewed By: _________________________
Tom Moody
Utilities Director
Reviewed By: _________________________
Katie Hockett
Assistant Utilities Director
Reviewed By: _________________________
Nicole McDaniel
Assistant to the City Manager/Acting Purchasing Manager Attest: _________________________
Sylvia Edwards
City Clerk,
City of Corona, California
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CONTRACTOR’S SIGNATURE PAGE FOR
CITY OF CORONA
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH AUGUSTINE GENERAL ENGINEERING, INC.
(SEWER MAIN EMERGENCY REPAIR SERVICES – 3915 GREEN RIVER ROAD
PROJECT)
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.
AUGUSTINE GENERAL ENGINEERING, INC.
a California corporation
By: _________________________
Michael T. Lowen
CEO & Secretary
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EXHIBIT “A”
SCOPE OF SERVICES
Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional sewer main emergency replacement maintenance or other general services necessary for the Project. The Services are more particularly described herein. • Emergency call out for 1 o• sewer repair at Cube Storage on Palisades and Green River.
Arrived on site at 11 am and routed crew to site. Called in emergency USA Digalert. Set up excvator and shoring. Sawcut trenches, and prepared shoring. Crews began excavation and setting shoring. Vactored around pipe and found pipe under shoring. Pulled out shoring and reexcavated trench on new alignment. Vactored out around pipe and crews sent home for rest.
• Vacatored around 10" pipe and began tunneling under storm drain. Removed existing 1 o• pipe and and installed new pipe. Rock bedded pipe and began excavation on west side of storm drain. During excacation crews encountered a 18" storm drain lateral coming out of manhole, crews removed storm drain to allow shoring to be installed. crews began to use vator truck to clean down to existing main.
• Removed pipe and installed new section of 10" SDR35 pipe. Notified City of completion and was directed to standby for compaction.City crews worked on cleaning and prepping the sewer for lining. Crews were dismissed to allow Sancon to perform CC1V and lining operations.
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EXHIBIT “B”
SCHEDULE OF SERVICES
Contractor shall perform the Services within the Term of this Agreement, in accordance with the Schedule of Services set forth herein.
Project Location:
Green River & Palisades
Corona CA
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EXHIBIT “C”
COMPENSATION
Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth herein.
Pursuant to Section 3.2.12 above, a payment bond valued at one hundred percent of the “Total Compensation” amount specified in Section 3.3.1 shall be required for this Project.
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CITY OF CORONA
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH VORTEX SERVICES, LLC DBA SANCON TECHNOLOGIES
(SEWER LINING REHABILITATION EMERGENCY SERVICES AT 3915 GREEN
RIVER ROAD PROJECT)
1. PARTIES AND DATE.
This Agreement is made and entered into this ___________day of ___________________, 2026 by (“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 Vortex Services, LLC dba Sancon Technologies, a Delaware limited liability company with its principal place of business at 5841 Engineer Dr. Huntington Beach, CA 92649 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain maintenance or other general services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing Sewer Lining rehabilitation emergency services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
2.2 Project.
City desires to engage Contractor to render such services for the Sewer Lining Rehabilitation Emergency Services at 3915 Green River Road project (“Project”) as set forth in this Agreement.
2.3 Corona Utility Authority.
Contractor 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. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Sewer Linning rehabilitation emergency services maintenance or other general 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 February 9, 2026 to February 14, 2026 (“Term”), unless earlier terminated as provided herein. Contractor 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 3.5.8 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 Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Contractor 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 Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor 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. Contractor 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. Contractor 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. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor 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 Contractor shall be subject to the approval of City.
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3.2.4 City’s Representative. The City hereby designates Tom Moody Utilities 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 Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates Ryan Helmuth, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’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.
3.2.6 Coordination of Services. Contractor 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.
3.2.7 Standard of Care; Performance of Employees. Contractor 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. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor agrees that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors 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, Contractor 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 Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors 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 Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.
3.2.9 Laws and Regulations; Employee/Labor Certifications. Contractor 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. Contractor shall be liable Docusign Envelope ID: BEBBC3E2-AAD5-420B-B1BE-E04CCFC599E7 Docusign Envelope ID: 8F93791E-EE26-4869-8607-6B4EDC47A19A
for all violations of such laws and regulations in connection with Services. If the Contractor performs any work or Services knowing them to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours' labor shall constitute a legal day's work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor 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; Contractor. By executing this Agreement, Contractor 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 Contractor. Contractor 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. Contractor 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. Contractor 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 Contractor’s compliance with the requirements provided for in Section 3.2.9 or any of its sub-sections.
3.2.9.2 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants 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 Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, subsubcontractors or consultants 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 Contractor under Section 3.2.9.2); Docusign Envelope ID: BEBBC3E2-AAD5-420B-B1BE-E04CCFC599E7 Docusign Envelope ID: 8F93791E-EE26-4869-8607-6B4EDC47A19A
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, Contractor 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. Contractor 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. Contractor 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.
3.2.9.6Air Quality. Contractor 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, Contractor 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 fuel-powered engine.
Contractor 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 Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
Contractor 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, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and its subcontractors’ fleets including, without limitation, the Certificates of Reported Compliance (“CRCs”), fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City.
Contractor shall be solely liable for any and all costs associated with compliance with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor 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.
3.2.10.1 Time for Compliance. Promptly following the Effective Date of this Agreement, but in no event before Contractor commences any Services under this Agreement, Contractor 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. Contractor 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 Contractor, its agents, representatives, employees or subcontractors.
Contractor shall also require all of its subcontractors 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 Contractor 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. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 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 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 per accident for bodily injury or disease.
3.2.10.3 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 Contractor, 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, Docusign Envelope ID: BEBBC3E2-AAD5-420B-B1BE-E04CCFC599E7 Docusign Envelope ID: 8F93791E-EE26-4869-8607-6B4EDC47A19A
its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’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 Contractor.
(C) All Coverages. If Contractor 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 Contractor. Thus, any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
3.2.10.4 Other Provisions; Endorsements Preferred. Contractor 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 Contractor:
(A) Waiver of Subrogation – All Other Policies. Contractor hereby waives all rights of subrogation any insurer of Contractor’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 Contractor.
Contractor 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. Contractor 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 Contractor.
Contractor 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.
3.2.10.5 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, Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Project.
3.2.10.6 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 Contractor 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.
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3.2.10.7 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.
3.2.10.8 Verification of Coverage. Contractor 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 Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.2.10.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.
3.2.10.10 Sub-Contractors. All subcontractors shall comply with each and every insurance provision of this Section 3.2.10. Contractor shall therefore not allow any subcontractor to commence work on any subcontract to perform any part of the Services until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Agreement.
3.2.10.11 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. Contractor 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 Contractor 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 Bonds.
3.2.12.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the Total Compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Docusign Envelope ID: BEBBC3E2-AAD5-420B-B1BE-E04CCFC599E7 Docusign Envelope ID: 8F93791E-EE26-4869-8607-6B4EDC47A19A
Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the Total Compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.12.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the Total Compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the Total Compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.12.4 Surety Qualifications. The bonds must be provided by a surety which is satisfactory to the City and which meets either of the following criteria: (1) a surety with a current A.M. Best’s rating no less than A-:VII and licensed as an admitted surety insurer in California; or (2) a surety with a current A.M. Best’s rating no less than A-:X and authorized to issue the required bonds in California. If a surety does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.2.13 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor 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. Contractor 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. Contractor 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 Hundred ThirtySeven Thousand, One Hundred and Twenty-One Dollars ($137,121.00) (“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.
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3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. 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. Contractor 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 Contractor 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.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
3.3.5 Prevailing Wages. Contractor 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, 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 Agreement would also be subject to compliance monitoring and enforcement by the California Department of Industrial Relations (“DIR”). Beginning April 1, 2015, no contractor or subcontractor 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. Contractor 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 Contractor’s 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 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, Contractor may obtain a copy of the prevailing wages from the City’s Representative. 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.
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, Contractor 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 Contractor Docusign Envelope ID: BEBBC3E2-AAD5-420B-B1BE-E04CCFC599E7 Docusign Envelope ID: 8F93791E-EE26-4869-8607-6B4EDC47A19A
employs workmen in an apprenticeable craft or trade. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, as well as any authorized reimbursable expenses, and Contractor shall be entitled to no further compensation. Contractor 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 Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor 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 General Provisions.
3.5.1 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:
Contractor:
Vortex Services, LLC
dba Sancon Technologies,
5841 Engineer Dr.
Huntington Beach, CA 92649
Attn: Ryan Helmuth
City:
City of Corona
400 South Vicentia Avenue
Corona, CA 92882
Attn: Attn Tom Moody, Utilities 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.
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3.5.2 Indemnification. To the fullest extent permitted by law, Contractor 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 Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’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 Contractor'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 Contractor. Contractor’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.
3.5.3 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, Contractor 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 Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.6.1 Subcontractors; Assignment or Transfer. Contractor 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. Contractor 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 subcontractors, assignees, hypothecates or transferees shall acquire no right or interest by reason of such action.
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3.5.6.2 Corona Utility Authority. To the extent that this Agreement is deemed to be a "material contract" under either of the CUA Management Agreements, Contractor 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, Contractor 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.
3.5.7 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 Contractor include all personnel, employees, agents, and subcontractors of Contractor, 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.
3.5.8 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.9 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.
3.5.10 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.6, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.11 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.
3.5.12 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors 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.
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3.5.13 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.
3.5.14 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.
3.5.15 Authority to Enter Agreement. Contractor 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.
3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.5.17 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
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH VORTEX SERVICES, LLC DBA SANCON TECHNOLOGIES
(SEWER LINING REHABILITATION EMERGENCY SERVICES AT 3915 GREEN
RIVER ROAD PROJECT)
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.
CITY OF CORONA
By:_ _______________________________
Tom Moody
Utilities Director
Reviewed By: ________________________________
Katie Hockett
Assistant Utilities Director
Reviewed By: ________________________________
Nicole McDaniel
Assistant to the City Manager/Acting Purchasing Manager Attest: _________________________
Sylvia Edwards
City Clerk,
City of Corona, California
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CONTRACTOR’S SIGNATURE PAGE FOR
CITY OF CORONA
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH VORTEX SERVICES, LLC DBA SANCON TECHNOLOGIES
(SEWER LINING REHABILITATION EMERGENCY SERVICES AT 3915 GREEN
RIVER ROAD PROJECT)
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.
VORTEX SERVICES, LLC DBA SANCON TECHNOLOGIES
a Delaware limited liability company
By: ___________________________________
Ryan Helmuth
Vice President and General Manager
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EXHIBIT “A”
SCOPE OF SERVICES
Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Sewer Lining rehabilitation emergency services or other general services necessary for the Project. The Services are more particularly described herein.
Contractor shall provide:
• Confined Space Entry Procedures & Equipment
• Prevailing wage / certified payroll if required, In-Place insurance coverage · • Bypass of mainline flow during pipe lining operations using above ground pumps and hoses
• High velocity cleaning of pipeline prior to lining 2 -3 passes • Pre-video of pipeline just prior to lining to confirm and document immediate acceptability for lining.
• Install Sancon CIPP liner at 6.0mm thickness
• Final video inspection to confirm successful CIPP liner installation.
Assumptions/Notes:
• If liner is wetout per agreed schedule and is not installed within 5 days, Costs for liner will be borne by customer.
• City to provide a mobile water meter or similar source for our work • City to keep Downstream Pump Station drawn down or off during our work for safe manentry access required for liner installation, and to ensure the flow does not build up or wash out resin during install
• City to coordinate safe and legal drive-up access to all manholes US and DS required for our work including bypass
• Due to pipe material, and condition of host pipe: fins, wrinkles and other anomalies will be present in final cured liner and shall be acceptable • Due to condition of host pipe, Contractor will take every precaution to line this sewer in a safe and careful manner. However, due to the unknown amount of corrosion and wall thickness of the DIP pipe, there is a risk of collapse during Installation. Contractor will not be liable for this potential risk and any associated costs with having to repair/replace the pipe.
• Proposal is subject to mutually acceptable contract language and must be incorporated in any subsequent contract/purchase order.
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EXHIBIT “B”
SCHEDULE OF SERVICES
Contractor shall perform the Services within the Term of this Agreement, in accordance with the Schedule of Services set forth herein.
Normal working hours M – F 7 AM to 5PM
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EXHIBIT “C”
COMPENSATION
Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth herein.
Pursuant to Section 3.2.12 above, a payment bond valued at one hundred percent of the “Total Compensation” amount specified in Section 3.3.1 shall be required for this Project.
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DATE: 04/15/2026
TO: Honorable Mayor and City Council Members
FROM: Public Works Department
2026-129
REQUEST FOR CITY COUNCIL ACTION
SUBJECT:
PROFESSIONAL SERVICES AGREEMENT WITH MARK THOMAS & COMPANY, INC.
TO PROVIDE TRAFFIC CORRIDOR IMPACT STUDY AND DESIGN SERVICES FOR
THE ONTARIO AVENUE WIDENING PROJECT
EXECUTIVE SUMMARY:
This staff report asks City Council to approve the Professional Services Agreement with Mark Thomas & Company, Inc. in the amount $2,511,906 for Traffic Corridor Impact Study and Design Services related to the Ontario Avenue Widening Project.
RECOMMENDED ACTION:
That the City Council:
a. Award Request for Proposal No. 26-004SB to Mark Thomas & Company, Inc. to provide Traffic Corridor Impact Study and Design Services for the Ontario Avenue Widening Project No. 2017-11.
b. Approve the Professional Services Agreement with Mark Thomas & Company, Inc. to provide Traffic Corridor Impact Study and Design Services for the Ontario Avenue Widening Project No. 2017-11 in the amount of $2,511,906, and waive any minor irregularities in the proposal.
c. Authorize the City Manager, or his designee, to execute the Professional Services Agreement with Mark Thomas & Company, Inc., in the amount of $2,511,906, including any non-substantive extensions, change orders, purchase orders, and amendments up to $251,191 or 10%.
BACKGROUND & HISTORY:
Ontario Avenue is a key east-west road in Corona, providing access to Interstate 15 and local neighborhoods. Since 2017, widening between Compton Street and State Street has been important due to safety, congestion, and improved mobility, as identified in city and regional plans. Studies revealed lane reductions and missing pedestrian facilities caused bottlenecks and safety concerns, and recommended upgrades for accessibility and congestion relief. To advance the project, Corona partnered with RCTC and Caltrans, securing funding through agreements and grants, including support from mitigation programs tied to the Express Lanes on State Route 91.
In the course of project development for the Ontario Avenue Widening, the City of Corona has previously engaged multiple professional service providers to advance the corridor’s technical studies and design. Notably, in November 2018, the City Council awarded a Professional Services Agreement to KOA Corporation for Traffic Corridor Impact Study and Design Services for the Ontario Avenue Widening, following a formal competitive solicitation process. The agreement with KOA Corporation was intended to deliver comprehensive design and environmental documentation to support the City’s objectives for the corridor, and the firm was selected based on its qualifications and proposal ranking at that time.
Despite initial progress, the City determined that KOA Corporation was unable to meet the performance standards and delivery timelines required under the terms of the agreement. The City’s contract administration procedures, as established by municipal code and standard professional services agreements, provide for the termination of contracts in the event of non-performance or failure to achieve critical project milestones.
In accordance with these provisions, the City exercised its right to terminate the agreement with KOA Corporation due to lack of performance, thereby ensuring that project delivery risks were mitigated and that public resources were managed in a manner consistent with City policy and fiduciary responsibility.
Following the termination of the KOA Corporation agreement, the City initiated a new competitive procurement process to secure a qualified consultant capable of meeting the technical, regulatory, and schedule requirements for the Ontario Avenue Widening project. This transition was managed to maintain compliance with all applicable municipal and state procurement statutes and to minimize disruption to the project’s overall timeline.
The subsequent selection and engagement of a new consultant was based on a rigorous evaluation of qualifications, experience, and demonstrated capacity to deliver federally funded transportation projects in accordance with City and agency standards.
This sequence of events underscores the City’s commitment to effective contract management and project oversight, as well as its adherence to established legal and
administrative frameworks governing the procurement and administration of professional services for capital improvement projects.
In summary, the Ontario Avenue Widening Project represents a multi-year, multi-agency effort to address longstanding transportation challenges in a key corridor. The project’s history reflects a sustained commitment to intergovernmental collaboration, technical rigor, regulatory compliance, and community responsiveness, all aimed at delivering a safer, more efficient, and more accessible transportation facility for the residents and businesses of Corona and the surrounding region.
ANALYSIS:
The Purchasing Division issued Request for Proposal (RFP) No. 26-004SB for Traffic Corridor Impact Study and Design Services for the Ontario Avenue Widening Project on October 30, 2025, in accordance with the formal competitive solicitation procedures set forth in Corona Municipal Code (CMC) Section 3.08.110, which requires public notice and a transparent, competitive process for the procurement of professional services exceeding the formal bid threshold. Notice of the RFP was posted on the City’s electronic bidding portal, PlanetBids, and made available to all registered vendors. Additionally, the RFP was advertised in the Sentinel Weekly News on October 30, 2025, to ensure broad public awareness and compliance with statutory notice requirements. Proposals were due by December 1, 2025, at 5:00 p.m.
A total of four proposals were received by the deadline. The evaluation process was conducted by a Selection Committee comprised of City staff. Each proposal was independently reviewed and scored based on the criteria established in the RFP, which included: (1) Understanding of the work to be done, (2) Experience with similar kinds of work, (3) Quality of staff for the work to be done, (4) Familiarity with state and federal procedures, and (5) Financial responsibility.
The following table summarizes the proposals received and their final evaluation ranking:
Firm Name Evaluation Rank
Mark Thomas & Company, Inc. 1
David Evans & Associates, Inc. 2
EXP U.S. Services, Inc. 2
Wood Rodgers, Inc. 3
Mark Thomas & Company, Inc. was selected as the top-ranked firm based on its demonstrated expertise in corridor impact studies and federally funded transportation projects, the strength and experience of its proposed project team, and its comprehensive approach to meeting the City’s technical, regulatory, and schedule requirements. The Selection Committee determined that Mark Thomas & Company, Inc. provided the best value and was most qualified to deliver the full scope of services, including environmental
documentation, right-of-way engineering, and construction support, in compliance with all applicable municipal, state, and federal standards.
The Ontario Avenue Widening Project is consistent with the City of Corona General Plan, the City’s Strategic Plan, and the Western Riverside Council of Governments’ Transportation Uniform Mitigation Fee (TUMF) program. The project supports the City’s goals to improve circulation, reduce congestion, enhance multimodal mobility, and ensure public safety. It also aligns with regional transportation objectives and funding strategies identified by the Riverside County Transportation Commission (RCTC) and the Southern California Association of Governments’ Regional Transportation Plan/Sustainable Communities Strategy.
Based on the results of the competitive evaluation and the alignment of the project with adopted master plans and strategic objectives, staff recommends that the City Council approve the agreement for City Council consideration to approve a Professional Services Agreement with Mark Thomas & Company, Inc. to provide Traffic Corridor Impact Study and Design Services for the Ontario Avenue Widening Project in the amount of $2,511,906; and award RFP No. 26-004SB.
FINANCIAL IMPACT:
Funding for the recommended actions is available in the Ontario Avenue Widening/I15 Multimodal Corridor Enhancement Capital Improvement Project No. ST-2017-04 within Public Works Grants/Agreement Fund 243.
The estimated design cost for this Project is outlined as follows:
Design
…………………………………………………………………………………………………. $
2,511,906
Contingency
……………………………………………………………………………………………. $
251,191
Total Cost
……………………………………………………………………………………….…
$2,763,097
The agreement with Mark Thomas & Company, Inc. is incorporated into the project which is fully funded for the current design and pre-construction phases. The City’s financial strategy for this project emphasizes leveraging outside funding to maximize the return on local investment, with ongoing efforts to secure additional state and federal grants for future construction phases. The use of grant and mitigation fee revenues for this contract ensures that the project remains consistent with the City’s adopted Capital Improvement Plan and does not adversely affect funding for other priority projects.
ENVIRONMENTAL ANALYSIS:
These actions are exempt from the California Environmental Quality Action (CEQA), as the actions are not a “project” as defined by CEQA (PRC Section 21065 and CEQA Guidelines Section 15378), guidelines which define a “project” as the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or reasonable foreseeable indirect physical change in the environment, and that is an activity directly undertaking by any public agency including public works construction and related activities. These actions involve the approval of a professional services agreement. Therefore, no environmental analysis is required at this time. After approval of the recommended actions herein, staff will proceed with the design and environmental document phase of this project. Any applicable documentation will be prepared and filed at that time.
PREPARED BY: FREDY CASTILLO, SENIOR ENGINEER
REVIEWED BY: SAVAT KHAMPHOU, PUBLIC WORKS DIRECTOR
ATTACHMENTS:
1. Exhibit 1 – Location Map
2. Exhibit 2 – Professional Services Agreement
DEAND\02000.50101\1401461.18
CITY OF CORONA
PROFESSIONAL SERVICES AGREEMENT
WITH MARK THOMAS & COMPANY, INC.
(ONTARIO AVENUE/I-15 MULTIMODAL CORRIDOR ENHANCEMENT
TRAFFIC CORRIDOR IMPACT STUDY AND ENGINEERING SERVICES
PROJECT NO. 2017-11 (RFP) NO. 26-004SB)
1. PARTIES AND DATE.
This Agreement is made and entered into this ______ day of ________, 2026 (“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 Mark Thomas & Company, Inc., a California Corporation with its principal place of business at 4200 Concours Street, Suite 330, Ontario, CA 91764 (“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 professional 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 ONTARIO AVENUE/I15 MULTIMODAL CORRIDOR ENHANCEMENT TRAFFIC CORRIDOR IMPACT STUDY AND ENGINEERING SERVICES PROJECT NO. 2017-11 (RFP) NO. 26-004SB (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional engineering 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.
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3.1.2 Term.
3.1.2.1 Initial Term. The initial term of this Agreement shall be from April 1, 2026 to December 31, 2029 (“Initial 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.
3.1.2.2 Renewal Term(s). 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”).
3.1.2.3 Term Defined. The terms “Initial Term” and “Renewal Term” may sometimes be generally and collectively referred to as “Term” in this Agreement.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the Term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services within the Term of this Agreement, in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference, and in accordance with any other completion schedule or milestones which may be separately agreed upon in writing by the Parties. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All Services performed by Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot Docusign Envelope ID: 530CAE45-2B35-46CD-ADDE-625EDACE8837 Docusign Envelope ID: 1068EB3F-13BE-4305-92D1-180D94F40D35
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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: Josh Cosper, and the City of Corona Public Works Director.
3.2.5 City’s Representative. The City hereby designates the 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 Josh Cosper, or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant agrees that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the Term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations; Employee/Labor Certifications. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and Docusign Envelope ID: 530CAE45-2B35-46CD-ADDE-625EDACE8837 Docusign Envelope ID: 1068EB3F-13BE-4305-92D1-180D94F40D35
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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 Employment Eligibility; Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant.
Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the Term of the Agreement. Consultant shall avoid any violation of any such law during the Term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.9 or any of its subsections.
3.2.9.2 Employment Eligibility; Subcontractors, Consultants, Subsubcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work or Services relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section
3.2.9.1. 3.2.9.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, subsubcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.9.1 or 3.2.9.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.2.9.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.
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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.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Before Consultant commences any Services under this Agreement, Consultant shall provide evidence satisfactory to the City that it has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.
3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subconsultants.
Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned); and (3) Workers’ Docusign Envelope ID: 530CAE45-2B35-46CD-ADDE-625EDACE8837 Docusign Envelope ID: 1068EB3F-13BE-4305-92D1-180D94F40D35
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Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability:$1,000,000 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 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 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.
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 Docusign Envelope ID: 530CAE45-2B35-46CD-ADDE-625EDACE8837 Docusign Envelope ID: 1068EB3F-13BE-4305-92D1-180D94F40D35
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understands, acknowledges and agrees that the following provisions shall apply and that failure to comply shall be considered to be a breach of this Agreement by Consultant:
(A) Waiver of Subrogation – All Other Policies. Consultant hereby waives all rights of subrogation any insurer of Consultant’s may acquire against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of any insurance policy which arise from work or Services performed by the Consultant.
Consultant understands, acknowledges and agrees that this provision is in full force and effect even if the City does not receive a waiver of subrogation endorsement from the insurer. (B) Notice. Consultant shall either: (1) require its insurer to provide thirty (30) days prior written notice to the City before coverage is suspended, voided, or canceled; or (2) notify City in writing that such notice is not available and forward any notice of such actions to the City within two (2) business days from date of receipt by Consultant. Consultant understands, acknowledges and agrees that this provision is in full force and effect even if the City does not receive a waiver of subrogation endorsement from the insurer.
3.2.10.6 Claims Made Policies. The following provisions shall apply to all policies that provide coverage on a claims-made basis: (A) the retroactive date must be shown and must be before the date on which any Services under this Agreement commence; (B) the insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Project; and (C) if coverage is canceled or not renewed and is not replaced with another claims-made policy with a retroactive date prior to the date on which any Services under this Agreement commence, Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Project.
3.2.10.7 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigation, claims administration and defense expenses within the deductible or self-insured retention. The deductible or self-insured retention may be satisfied by either the named insured or the City.
3.2.10.8 Acceptability of Insurers. Unless under the circumstances a different rating is otherwise acceptable to the City in its sole and absolute discretion, insurance is to be placed with insurers which are satisfactory to the City and which meet either of the following criteria : (1) an insurer with a current A.M. Best’s rating no less than A-:VII and licensed as an admitted insurance carrier in California; or (2) an insurer with a current A.M. Best’s rating no less than A-:X and authorized to issue the required policies in California.
3.2.10.9 Verification of Coverage (Initially & Annually). 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.
Consultant’s obligation herein shall be met not only with the commencement of the Initial Term, but annually as well for duration of the Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
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3.2.10.10 Reporting of Claims. Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
3.2.10.11 Sub-Consultants. All sub-consultants shall comply with each and every insurance provision of this Section 3.2.10. Consultant shall therefore not allow any sub-consultant to commence work on any subcontract to perform any part of the Services until it has provided evidence satisfactory to the City that the sub-consultant has secured all insurance required under this Agreement.
3.2.10.12 Special Risk or Circumstances. The City reserves the right, in its sole and absolute discretion, to modify the requirements of this Section 3.2.10, including limits, based on any of the following: (A) the nature of the risk of the Services; (B) the prior experience of the insured; (C) the rating or other quality or characteristic of the insurer; (D) any special or unique coverage issues; and (E) any other special or unique circumstances.
3.2.11 Safety. Consultant shall execute and maintain its work and Services so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Services and the conditions under which the Services are to be performed.
3.2.12 Payment Bond. The California Department of Industrial Relations (“DIR”) has communicated to the City that there is a possibility that a payment bond may be required for certain services provided in connection with a public works project. Since such a requirement is currently contrary to the industry standard for the services provided by Consultant under this Agreement and since there is no direct legal authority for this position, the City is not requiring Consultant to provide a payment bond at this time. However, the City hereby reserves the right to require the Consultant to obtain and provide a payment bond for some or all of the project provided by the Consultant under this Agreement.
If the City determines that a payment bond is required for the project 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.
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3.3 Fees and Payments.
3.3.1 Rates & Total Compensation.
3.3.1.1 Initial Term - Rates. During the Initial Term, 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.
3.3.1.2 Renewal Term(s) - Rate Increases. Rates to be paid during any Renewal Term shall be as provided for in the written amendment(s) entered into for such Renewal Term(s).
3.3.1.3 Initial Term - Total Compensation. The total compensation paid, including authorized reimbursements, shall not exceed Two Million Five Hundred and Eleven Thousand Nine Hundred and Six Dollars ($2,511,906) during the Initial Term (“Total Compensation”), without written approval of City’s Representative.
3.3.1.4 Renewal Term(s) - Total Compensation. The Total Compensation to be paid during any Renewal Term shall be as provided for in the written amendment(s) entered into for such Renewal Term(s).
3.3.1.5 Extra Work – Compensation. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.1.5 Documentation of Rate and Total Compensation Adjustments. Rate and Total Compensation adjustments made pursuant to Sections 3.3.1.2 and 3.3.1.4 above shall be acknowledged and authorized in writing by the City’s Representative in order to be implemented.
3.3.1.6 Extra Work – Compensation. 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.
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3.3.4 Extra Work. At any time during the Term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
3.3.5 Prevailing Wages. Consultant is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the Total Compensation is $1,000 or more, Consultant and its subconsultants shall fully comply with the Prevailing Wage Laws for their employees and any others to whom such laws are applicable. Consultant and its subconsultants shall also be responsible for any and all violations and fines imposed on them pursuant to the Prevailing Wage Laws. Pursuant to SB 854, which amended the Prevailing Wage Laws, this Agreement would also be subject to compliance monitoring and enforcement by the California Department of Industrial Relations (“DIR”). Beginning April 1, 2015, no consultant or subconsultant may be awarded this Agreement unless registered with the DIR pursuant to Labor Code Section 1725.5. The City will report all necessary agreements to the DIR as required by the Prevailing Wage Laws. Consultant shall make 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 project is 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 Docusign Envelope ID: 530CAE45-2B35-46CD-ADDE-625EDACE8837 Docusign Envelope ID: 1068EB3F-13BE-4305-92D1-180D94F40D35
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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.
3.4.3 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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3.5.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or reuse of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.5.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
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:
Mark Thomas & Company, Inc.
4200 Concours Street, Suite 330
Ontario, CA 91764
Attn: Josh Cosper
City:
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City of Corona
400 South Vicentia Avenue
Corona, CA 92882
Attn: Savat Khamphou, Public Works Department
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.6.2 Indemnification. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, to the extent arising out of, pertaining to, or incident to any alleged willful misconduct or negligent acts, errors or omissions of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all settlement amounts, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code 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.
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3.6.6.1 Subconsultants; Assignment or Transfer. Consultant shall not subcontract any portion of the Services required under this Agreement, except as expressly authorized herein, without the prior written approval of the City. Subcontracts, if any, shall include a provision making them subject to all provisions of this Agreement. Consultant shall also not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to subcontract or take any other action not authorized herein shall be null and void, and any subconsultants, assignees, hypothecates or transferees shall acquire no right or interest by reason of such action.
3.6.7 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days.
All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
3.6.8 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.9 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
3.6.10 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.6.6, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.6.11 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6.12 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the Term of this Agreement, no member, officer or employee of Docusign Envelope ID: 530CAE45-2B35-46CD-ADDE-625EDACE8837 Docusign Envelope ID: 1068EB3F-13BE-4305-92D1-180D94F40D35
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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 MARK THOMAS & COMPANY, INC.
(ONTARIO AVENUE/I-15 MULTIMODAL CORRIDOR ENHANCEMENT
TRAFFIC CORRIDOR IMPACT STUDY AND ENGINEERING SERVICES
PROJECT NO. 2017-11 (RFP) NO. 26-004SB)
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
CIP Supervisor
Reviewed By: _________________________
Fredy Castillo
Senior Engineer
Reviewed By: _________________________
Nicole McDaniel
Assistant to the City Manager/Acting Purchasing Manager Attest:
_________________________
Sylvia Edwards
City Clerk
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CONSULTANT’S SIGNATURE PAGE FOR
CITY OF CORONA
PROFESSIONAL SERVICES AGREEMENT
WITH MARK THOMAS & COMPANY, INC.
(ONTARIO AVENUE/I-15 MULTIMODAL CORRIDOR ENHANCEMENT
TRAFFIC CORRIDOR IMPACT STUDY AND ENGINEERING SERVICES
PROJECT NO. 2017-11 (RFP) NO. 26-004SB)
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.
MARK THOMAS & COMPANY, INC.
a California corporation
By: _________________________
Zach Siviglia
President/CEO
By: _________________________
Matt Brogan
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 professional design services necessary for the Project. The Services are more particularly described herein.
Within this Exhibit “A” – Scope of Services, the terms “we”, “us” or “our” reference the Consultant and the terms, “Owner”, “you”, “District” or “agency” refer to the City.
TASK 1 – PROJECT ADMINISTRATION
Sub-Task 1.1: Project Management and Coordination
Mark Thomas will perform project administration. The tasks will include documentation, meeting management, budget tracking, scheduling, project task tracking, etc. to help the project stay on track.
Sub-Task 1.2: Meetings
Upon issuance of the Notice to proceed, Mark Thomas will coordinate and conduct monthly Project Development Team Meetings with the City and pertinent stakeholders to review city/agency comments, discuss design issues, evaluate risk, review schedule, and coordinate decisions pertinent to finalizing the design. Prior to each meeting, Mark Thomas will issue an agenda package and upon completion develop action items and meeting minutes for team distribution.
Task 1.3: Quality Assurance (QA) and Quality Control (QC) Using our internal Quality Control Manual and Procedures, Mark Thomas will perform thorough disciplinary and interdisciplinary reviews for all design calculations, reports, and intermediate submittals (Geometric Approval Drawings, 65%, 90% and 100%). Checklists will be used to ensure that all aspects of the project have been adequately reviewed for quality.
Assumptions:
• It is assumed the project will commence in February, 2026 and be bid ready by June, 2029.
Deliverables:
• Monthly Meeting Attendance, Agendas, and Minutes (42) • Quality Control Checklists
TASK 2 – RESEARCH / MOBILIZATION
Task 2.1 – Preliminary Site Investigation / Project Description Mark Thomas will field walk site and inventory visible utility, topography, drainage, and other notable features to consider in preliminary engineering. Additionally, Mark Thomas will generate field notes, a 360-degree photograph log with GIS mapping link, and video recordings of the field walk. Our team will conduct a field review of existing curb, gutter, driveways, pavement, utilities, and right-of-way fence conditions along the entire Ontario Avenue corridor between California Avenue and State Street.
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Mark Thomas will also secure available record maps, plans, as-builts and survey information from the City, Riverside County (Assessor’s, Surveyor, and Transportation Department), Riverside County Flood Control & Water Conservation District (RCFC & WCD), and Caltrans District 8 and compile them into an organized file to be used as supplemental design information throughout the Preliminary Design and Final Design Phases.
Upon completion of the preliminary field investigations Mark Thomas will prepare and submit a preliminary project description which will define the design parameters, typical sections, and potential conflicts.
Deliverables:
• Field Notes
• 360 Degree Photograph Log
• Video Recording
• Preliminary Project Description
• Compiled As-Builts
Task 2.2 – Topographic Survey / Right of Way Base Mapping
2.2.1 - Research, Establish Control, Aerial Mapping
Research & Mobilization
Mark Thomas will field walk site and inventory visible utility, topography, drainage, and other notable features. Prior to commencing any surveying/boundary retracement activities, Mark Thomas will secure available research from the City of Wildomar, County of Riverside, and any project information supplied by the city. The following is included as part of this scope of services:
1. Secure available Parcel Map/Tract Map/Records of Survey/Corner Records and other record mapping information from the Riverside County Surveyor.
2. Request from the City of Wildomar and County of Riverside any available documentation showing centerline monument ties, benchmarks, roadway vacation documents, as-built improvement plans, and building and safety related permits/land covenants.
Survey Control
Unless otherwise specified, Mark Thomas will establish horizontal control based on California Coordinate System of 1983 (CCS83), Zone V, and vertical control will be based on NAVD88 Vertical Datum, tied to a local City/County benchmark. Horizontal control to be established from ellipsoid heights via GPS ties to closest CGPS Stations to the site. Mark Thomas to set temporary control points for future design and construction survey within the project limits.
Aerial Mapping
Once the project control is established, Mark Thomas will establish supplemental horizontal and vertical control necessary for orienting the photogrammetric survey. Mark Thomas will acquire new color stereo image data covering the above-mentioned project area that will be suitable in resolution, scale and image quality for developing key topographic break lines and improvements. Mark Thomas will collect data during the primary data acquisition mission using conventional flight methods. Aerial imagery will be obtained when the ground is not obscured by smog, haze, fog or dust, and when cloud or cloud shadow coverage will not appear in any image. Refer to Figure 1 on the following page illustrating the general footprint of the topographic data/aerial imagery to be captured and processed. Areas in green will include aerial imagery and areas for aerial topographic data/mapping limits.
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Mark Thomas will map planimetric feature data within the limits in green shown in Figure 1 on the following page in three dimensions to generate an Aerial Topographic Survey Base Map with aerial imagery background at 1” = 40’ scale. Mapped features will generally include roof outlines of buildings and other major structures, tops/toes of channels, edge of pavement for all paved surfaces, manholes, drop inlets, parking areas, curbs/gutters, sidewalks, fences, walls, signs, utility poles, light poles, above ground utility service facilities, storm drain facilities, ditches, streams, trees/tree outlines, dense brush, bulkheads, and other visible improvements at the surface elevation. Mass points and break lines will be collected along all mapped improvements listed above to create continuous contours with a 1-foot interval (5-foot index) and a Digital Terrain Model (DTM).
Figure 1 - Limits of Aerial Imagery and Photogrammetric Data/Mapping Task 2.2.2 – Centerline and Right-of-Way Establishment (LandNet) Mark Thomas will also locate pertinent survey monuments/cadaster along Ontario Avenue to establish the centerline between California Avenue and State Street, as needed. Utilizing the record information gathered in Task 2.2.1, Mark Thomas will review and analyze the centerline & right of way information obtained and existing survey monuments located within the Project limits. Mark Thomas will create a LandNet base map in AutoCAD DWG format that includes street centerline and existing rights-of-way Docusign Envelope ID: 530CAE45-2B35-46CD-ADDE-625EDACE8837 Docusign Envelope ID: 1068EB3F-13BE-4305-92D1-180D94F40D35
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based on existing record maps. This effort does not constitute a full and complete boundary survey of adjoining land parcels.
The LandNet base map will be used as the basis of existing center lines, rights of way, and record easements for the Project.
Task 2.2.3 - Topographic Design Survey
Mark Thomas will perform a topographic survey to document existing site topography of the Ontario Avenue project site as shown in blue on Figure 1 above, from just west of Compton Avenue to just east of State Street. Topographic survey will be performed in conformance with the Caltrans Survey Manual. A combination of conventional survey and mobile/terrestrial laser scanning, if needed, will be conducted on the site area to locate the above ground features. Existing condition features to be collected include but are not limited to: faces/corners of buildings, walls/fences, curb and gutter, top of curb & flowline, ditches, sidewalk, surface-visible utilities such as pull boxes, hydrants, vaults & manholes, paint marks of underground utilities (where located), trees greater than 6” trunk diameter, grade breaks, crown line, driveways, curb ramps, and landscape areas.
Mark Thomas will utilize this information to update existing base mapping and create the final Topographic Survey base map in AutoCAD DWG format and update the DTM to be used as the basis of existing improvements for the Project design.
Assumptions:
• No invert elevations or dipping of manholes are anticipated for this task. • It was assumed a Record of Survey per PLS Act 8762 is not required and was not included. • Traffic Control Plans will not be provided for this task and typical MUTCD exhibits shall be sufficient if necessary for encroachment permits.
Deliverables:
• Record maps, record documents and Deeds acquired in pdf format • Project Control, Report and Control Diagram (PDF)
• Aerial topographic mapping in AutoCAD C3D format (topo and planimetrics). • Surface DTM in AutoCAD C3D format
• Color orthophoto imagery at 0.15’ GSD in TIFF format
• Monument PNEZD Summary Table of found cadastral and Mark Thomas control information in pdf format
• Land Net base map in AutoCAD Civil3d and pdf formats
• Final Topographic base map in AutoCAD Civil3d and pdf formats . 1”=40’, 1’ Contour Intervals Sub-Task 2.3: Utility Notification and Mapping
Task 2.3.1 – Introductory Letters
Mark Thomas will verify all utility owners and contacts within the Project limits using Underground Search Alert and requesting a list of utility contacts the City has on file. Mark Thomas will generate A Letters (Introductory Letters)/Records Requests on City letterhead to request utility as-builts. Mark Thomas will follow-up with each utility owner through emails and phone calls to verify the existence of any utilities and to secure available records and as-built information.
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Task 2.3.2 – Utility Base Maps
Mark Thomas will prepare the utility base map after receiving the as-builts from utility owners (Sub-Task
2.3.1) and completion of land net (Sub-Task 2.2.2) and topographic survey (Sub-Task 2.2.3) in autocad format.
Assumptions:
• Assumed up to $1,500 in ODC’s for agency fees for obtaining record documents.
Deliverables::
• Utility Introductory (A) Letters, Utility Matrix, Utility Base Map in AutoCAD format Sub-Task 2.4: Geotechnical Investigations
Preliminary Foundation Report
The Mark Thomas will prepare a Preliminary Foundation Report (PFR) for the retaining five walls in the project to provide preliminary geotechnical information to assist structural designers in the Type Selection process. This PFR will be prepared using the available subsurface data and the format will be in accordance with the current Caltrans Guidelines.
Geotechnical Investigations
Per Caltrans/AASHTO recommendations, a soil boring is required every 100 to 200 feet for retaining walls.
For pavement, a soil boring is proposed every 500 to 1,000 feet. Based on this, The Mark Thomas team’s geotechnical field investigations plan is presented in the table on the following page. Data obtained from some boreholes will be used for multiple design elements. For ground anchor walls, as-built borings from Ontario Avenue Undercrossing widening will be used; therefore, only one supplemental boring will be performed for each ground anchor wall. The boreholes will be excavated using a truck-mounted or trackmounted drilling rig equipped with 8-inch diameter hollow-stem augers. Asphalt concrete cold-patch will be used to replace asphalt that is removed by excavations, and quick-set cement will be used to replace concrete that is removed by excavations.
Table 1. Proposed Soil Boring Information
Design Element Proposed Number of
Borings
Approximate Proposed
Depth (feet)
RW 1 1 30
RW 2 1 30
RW 3 1 50
RW 4 1 50
RW 5 1 30
Pavement Improvements 5 5
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The RFP recommends performing pavement deflection testing to evaluate existing pavement conditions.
However, Falling Weight Deflectometer (FWD) testing is more expensive and is typically justified only on larger roadway projects. Given that the pavement improvement for this project is only approximately 2,200 feet in length, conducting FWD testing would not be cost-effective. Instead, pavement core samples will be collected at every boring location to determine existing pavement layer thicknesses, material composition, and general structural condition. Core extraction provides direct, physical data on the existing pavement section, which is sufficient for a project of this scale and for the design decisions anticipated. In addition, Dynamic Cone Penetrometer (DCP) testing will be performed in selected borings to evaluate the in-situ subgrade strength. Together, pavement core sampling and DCP testing will provide adequate and reliable information for pavement evaluation and design while maintaining cost efficiency for this short roadway segment.
The Mark Thomas team will prepare a boring location plan and this plan will be used to secure encroachment permits from Caltrans and City of Corona. Any other permits, if required, will be secured by others.
The Mark Thomas team field personnel will collect soil samples for laboratory testing, including bulk samples of near-surface soils and small disturbed and relatively undisturbed ring samples of deeper soils.
The small disturbed and relatively undisturbed soil samples will be collected using split-spoon samplers at a vertical interval of about 5 feet, alternating between the Standard Penetration Test (SPT) sampler and the Modified California Drive (MCD) sampler. Samples of subsurface soils will be logged during the field investigation, secured in their containers or collected in plastic bags, and transported to the our geotechnical consultant’s laboratory.
Laboratory Testing
Field logs of the boreholes will be reviewed to select representative soil samples for laboratory testing.
Various laboratory tests will be performed on soil samples to determine or derive their physical and engineering characteristics. Anticipated laboratory tests include: in-situ density and moisture content, grain size, direct shear, UU triaxial, consolidation, R-value, sand equivalent, maximum density and optimum moisture content, and soil corrosion tests. Laboratory tests will be conducted in general accordance with American Society for Testing and Materials (ASTM) standards or California Test methods.
Geotechnical Engineering Analyses
Results obtained from the field investigation and laboratory testing will be used to characterize subsurface soils and conditions and create idealized soil profiles for design purposes. The following analyses will be performed for the project:
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• Evaluation of seismicity and estimation of Peak Ground Acceleration (PGA) based on the Caltrans design criteria.
• Assessment of soil liquefaction potential, seismic settlement, and lateral spreading. • Foundation analysis for retaining walls.
• Assessment of global slope stability and settlement of embankments. • Evaluation of soil corrosivity conditions and recommendations for mitigation measures. • Design of pavement structural section in accordance with the Caltrans method.
Report Preparation
The Mark Thomas team will prepare the reports listed in Table 2 for the 65% PS&E submittal.
Table 2. Design Reports
Design Element Review Agency Deliverables
Retaining Walls Caltrans One Foundation Report (FR)
Pavement Structural Sections Caltrans One Materials Report (MR) The Mark Thomas team will address any review comments resulting from the Caltrans review and prepare Final Foundation Report and Final Materials Report. It is our understanding that this project does not include major earthwork, standard retaining walls, or overhead sign structures; therefore, a Geotechnical Design Report (GDR) is not required.
The Mark Thomas team will address any review comments resulting from the Caltrans review and prepare Final Foundation Report and Final Materials Report. It is our understanding that this project does not include major earthwork, standard retaining walls, or overhead sign structures; therefore, a Geotechnical Design Report (GDR) is not required.
Assumptions:
• Traffic window for drilling within Caltrans right-of-way is 10PM to 5AM every day of the week, and traffic window for drilling within City of Corona right-of-way is 9AM to 4PM. • No investigation of hazardous materials. If hazardous materials are encountered during the geotechnical field investigation, we will stop work and coordinate with the City on additional scope and fee.
• Per the Initial Site Assessment in the RFP, Aerial Deposited Lead (ADL) testing is not needed.
Therefore, ADL investigation and reporting was not included. • Borings from the previous design can be used to reduce the number of borings for the proposed improvements.
• Up to $5,000 was included for a Caltrans Encroachment Permit if necessary, no other permitting fees were included.
• Well permits are not required for Geotechnical borings. • Site-specific traffic control plans are not required; Caltrans standard plans or WATCHBOOK will be used for traffic control plans.
• Boring locations will be patched with rapid set concrete with black dye to replace asphalt that is removed by excavations; no hot mix/sawcut repair.
• No recommendations for sound walls or box culverts or overhead signs is included. • No soil infiltration testing is included
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• It is our understanding that there are no major earthwork or standard walls or overhead signs that require Geotechnical Design Report (GDR); therefore, we assumed that GDR is not required. • Falling Weight Deflectometer (FWD) test is not included. If FWD testing and analyses are needed, we need to add additional $25,000 to our fee.
• Construction support for geotechnical investigations is not included.
Deliverables::
• Preliminary and Final Foundation Report in PDF format • Materials Report (MR) in PDF format
Task 3: NEPA / CEQA APPROVALS
Task 3.1 Traffic Analysis
For the DEER process, the Mark Thomas team will lead the effort with the development of the VMT assessment to confirm that a DEER process will be appropriate. Then the rest of the traffic analysis will be prepared in a single draft document submittal summarizing approach/methodology, traffic volumes, traffic analysis, safety and ISOAP.
Task 3.1.1 Traffic Analysis Approach and Methodology:
The Mark Thomas team will develop Methodologies and Assumptions Memorandum for the City and approve. This will describe the following:
• Study intersections;
• Baseline traffic data approach;
• Analysis procedures and assumptions;
• Traffic forecasting methodology and tools; and
• General approach to preparing the Traffic Operations Analysis Report (TOAR) The Mark Thomas team will also request all required collision data from Caltrans to perform required Intersection Safety and Operational Assessment Process (ISOAP) assessment.
Task 3.1.2 Data Collection and Existing Conditions Analysis:
This scope of services assumes analysis at up to the following study intersections:
• Ontario Avenue at California Avenue
• Ontario Avenue at U-Turn Location
• Ontario Avenue at Compton Avenue
• Ontario Avenue at I-15 Southbound Ramps
• Ontario Avenue at I-15 Northbound Ramps
• Ontario Avenue at State Street
Task 3.1.3 Traffic Volumes:
The most current information available will be used to prepare traffic forecasts for this project. It is anticipated that RIVCOM, the updated version of RIVTAM consistent with the SCAG 2020 RTP/SCS, will be used in this project for traffic forecasting for project Opening Year and Design Year scenarios. A review of land use in the surrounding study area will be prepared and confirmed with the City. The Mark Thomas team will also compare the land use assumptions from RIVCOM to general plan land use assumptions from Docusign Envelope ID: 530CAE45-2B35-46CD-ADDE-625EDACE8837 Docusign Envelope ID: 1068EB3F-13BE-4305-92D1-180D94F40D35
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the City and relevant pending and/or approved development projects to ensure that land use forecasts are appropriate.
The Mark Thomas team will develop the Design Year forecasts by applying the growth calculated from the base year and future year models to the existing traffic volumes. The Opening Year forecasts will be developed using interpolation between existing and Design Year volumes. Given that we anticipate this project would not add capacity to Ontario Avenue, the Mark Thomas team will develop one set of future volumes to represent No Build and Build alternative.
The AM and PM peak hour and daily volumes will be developed at the study intersections analysis locations during both Opening Year and Design Year conditions that will be used for other resource categories. To aid in this effort, we will collect daily vehicle classification counts at the following locations that can be used to assist in developing these volumes:
• Ontario Avenue west of I-15 Southbound Ramps
• Ontario Avenue undercrossing between Northbound and Southbound Ramps • Ontario Avenue east of I-15 Northbound Ramps
Task 3.1.4 Intersection Safety and Operational Assessment Process (ISOAP):
The Mark Thomas Tam will evaluate the project in accordance with Caltrans new Intersection Safety and Operational Assessment Process (ISOAP) process. This analysis will be performed at the I-15 ramp intersections with Ontario Avenue.
Task 3.1.5 Traffic Operations Analysis Report (TOAR):
The TOAR will provide summary and conduct operations analysis at study locations for study scenarios, as well as complete a safety review (looking at existing collision information).
Traffic Operations Analysis:
This scope of services assumes that the Mark Thomas team will conduct intersection capacity and freeway capacity assessment using the Synchro SimTraffic software intersection analysis. The Mark Thomas team will conduct the AM and PM peak hour LOS analysis at the study intersections a during the following scenarios:
• Existing Conditions
• Opening Year No Build Alternative
• Opening Year Build Alternative 1
• Design Year No Build Alternative
• Design Year Build Alternative 1
Safety Analysis:
This scope assumes a typical safety review of Caltrans TASAS data for existing conditions. The Mark Thomas team assumes the Highway Safety Manual (HSM) assessment will be completed by the roadway engineer.
Documentation:
The Mark Thomas team will develop one TOAR that summarizes methodologies/assumptions (Task 3.1.1 data), traffic volumes (Task 3.1.2 data), and the traffic analysis (Task 3.1.3 data) associated with the microsimulation and ISOAP (Task 3.1.4 data) and will not prepare standalone methodologies/assumptions memo nor traffic volumes report.
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Task 3.1.6 Vehicle Miles of Travel (VMT):
With SB-743, CEQA must now evaluate VMT as the impact metric associated with transportation. It is expected that the purpose and need statement will identify this as a gap closure project with turn lane extensions that do not add capacity to the interchange, and would therefore not result in a significant transportation impact related to VMT. The Mark Thomas team will approach this project assuming the project can screen from VMT as a project types not likely to lead to a measurable and/or substantial increase in vehicle travel. Key deliverables for this are:
• Induced Travel Study Methodology Memorandum – This will document and describe how the VMT assessment will be completed including the methodology employed for the effort. • VMT Screening Memorandum – This will formalize the project’s approach to screening and justify the project’s anticipated less-than-significant transportation impact on VMT.
Assumptions:
• The scope assumes one project build alternative (plus the no-build alternative) will be identified and carried through full evaluation for all Caltrans deliverables. • The scope assumes the collection of traffic counts at all six study intersections during the AM and PM peak periods (6-9 AM, 4-7 PM). Additionally, the traffic counts will include vehicle classification counts and pedestrian/bicycle counts for incorporation into the air quality and noise environmental assessments.
• This scope assumes that delay and level of service will be reported at all intersections. Queuing estimates will be provided for movements along Ontario Avenue and at all off-ramps. • The scope assumes that we will submit two rounds of review for the TOAR and VMT Memorandums:
a draft document submitted to Caltrans and a final document that responds to Caltrans comments.
Deliverables:
• Traffic Operations Analysis Report in PDF format
• Induced Travel Study Methodology Memorandum in PDF format • Vehicle Miles of Travel (VMT) Screening Memorandum in PDF format Task 3.2 Preliminary Environmental Study
The environmental process begins with validating key design elements with the City, including roadway widening limits, retaining wall locations, right-of-way and temporary construction easements, drainage improvements, multimodal facilities, and signal modifications. As part of this early coordination, the Mark Thomas team will prepare the Caltrans Preliminary Environmental Study (PES) Form, which establishes the initial regulatory framework for the project and confirms Caltrans’ expectations regarding the NEPA class of action, required technical studies, and anticipated permitting needs. The PES will incorporate the refined project description and serve as the foundation for determining the appropriate CEQA and NEPA pathways.
During PES development, the Mark Thomas team will evaluate potential environmental risks—such as traffic operations, hazardous materials, and community impacts—using the technical studies prepared to date, and updated Geometric Approval Drawings (GAD’s). This early coordination ensures the environmental strategy remains tightly aligned with project objectives and that the City receives clear, Docusign Envelope ID: 530CAE45-2B35-46CD-ADDE-625EDACE8837 Docusign Envelope ID: 1068EB3F-13BE-4305-92D1-180D94F40D35
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defensible guidance on whether the project warrants a full EIR/EA or can appropriately proceed under an IS/MND and NEPA EA/FONSI.
Assumptions:
• Only two Alternatives (one Build and one No Build) will be considered for the PES.
Deliverables:
• Draft Preliminary Environmental Study
• Final Preliminary Environmental Study
Task 3.3 NEPA / CEQA Technical Studies
The following technical studies will be prepared in support of the NEPA EA and the CEQA EIR. These studies will be developed in accordance with applicable Caltrans Standard Environmental Reference (SER) guidelines and other relevant regulatory standards.
Unless otherwise noted, each technical study is assumed to undergo one round of review by the City and two rounds of review by Caltrans District 8. Additional review cycles requested by Caltrans will require a formal amendment to the contract and adjustment to the project budget.
3.3.1 Air Quality, Greenhouse Gas Emissions, Climate Change Analysis, and Energy Analysis The Mark Thomas team, will prepare the air quality, greenhouse gas (GHG) emissions, Climate Change, and energy analyses in support of the NEPA EA and CEQA EIR. These analyses will address both build alternatives and the No Build Alternative, consistent with NEPA and CEQA requirements.
Air Quality Report:
The Mark Thomas team will prepare the Air Quality Report using the California Department of Transportation (Caltrans) Standard Environmental Reference (SER), including the current version of the Air Quality Report Annotated Outline. The Mark Thomas team will ensure that the Air Quality Report includes all written analysis currently required by Caltrans within the Regulatory Setting and Affected Environment sections of the Annotated Outline. The Mark Thomas team will also prepare the following technical analyses:
• Short-Term Effects (Construction Emissions): Construction activities emissions inventory will be calculated using an updated schedule and the latest version of the CAL-CET2021 model. • Long-Term Effects (Operational Emissions):
o Emissions analysis will be prepared. Emissions will be estimated using the current version of the EMFAC model.
o Prepare the carbon monoxide hot-spot analysis, particulate matter emissions analysis, and the nitrogen dioxide emissions analysis as needed.
o Mobile Source Air Toxics analysis will be prepared.
o Greenhouse gas (GHG) emissions will also be prepared.
To fulfill requirements related to Transportation Conformity, the Mark Thomas team will prepare the Transportation Air Quality Conformity Findings Checklist. The Checklist will document that the project is not exempt from Project-Level Conformity and therefore must complete a Particulate Matter Hot-Spot Analysis to be presented to the Transportation Conformity Working Group (TCWG) hosted by the Southern California Association of Governments. The Mark Thomas team will coordinate with the project team to prepare and present the Particulate Matter Hot-Spot Form to the TCWG. The presentation will include an overview of Docusign Envelope ID: 530CAE45-2B35-46CD-ADDE-625EDACE8837 Docusign Envelope ID: 1068EB3F-13BE-4305-92D1-180D94F40D35
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the proposed project’s purpose and need, a discussion of the existing roadway volumes and traffic forecast data in the opening year and horizon year for the Build and No-Build Alternatives, and an evaluation of the Project of Air Quality Concern (POAQC) criteria.
Based on similar past experiences, the Mark Thomas team does not anticipate that the project will be designated as a POAQC. Accordingly, this scope of work does not include detailed particulate matter dispersion modeling pursuant to the U.S. Environmental Protection Agency Transportation Conformity guidelines. After public circulation of the Draft Environmental Document, the Mark Thomas team will prepare the required Air Quality Conformity Assessment (AQCA) to document the Transportation Conformity Working Group findings.
Climate Change Report:
The Mark Thomas team will prepare a Climate Change Report. The Mark Thomas team will ensure that the Climate Change Report includes all written analysis currently required by Caltrans within the Regulatory Setting and Affected Environment sections. The Mark Thomas team will also verify the following technical analyses:
• Short-Term Effects (Construction Emissions): The Mark Thomas team will calculate the construction activities emissions inventory using an updated schedule and the CAL-CET2021 model.
• Long-Term Effects (Operational Emissions):
o The mobile source emissions analysis was based on a vehicle miles traveled (VMT) evaluation of induced demand using the National Center for Sustainable Transportation Induced Travel Calculator and the Riverside County Transportation Model. This task was completed by the prior traffic consultant. The Mark Thomas team will coordinate any related updates needed to inform the GHG emissions analysis with the new traffic team. o The Mark Thomas team will update the emissions analysis if the analysis years are revised or revised traffic data is prepared for the project. Emissions will be estimated using the current version of the EMFAC model.
o Prepare a discussions of project consistency with GHG reduction strategies, including reduction plans. This includes statewide, regional, and local GHG emissions reduction plans along with Caltrans GHG reduction strategies.
Energy Analysis Report:
The Mark Thomas team will prepare an Energy Analysis Report. Using Caltrans guidance and the template provided within the SER, the Energy Analysis Report will determine if the project would result in the wasteful, inefficient, or unnecessary use of energy, or wasteful use of energy resources. The analysis will address both direct and indirect energy effects of the project following the methodologies described in the Energy Analysis Report Annotated Outline (published in September 2025). Regarding short-term energy consumption, construction-related effects on energy resources associated with most highway projects would be greatest during the site preparation and concrete paving phases because the excavation, handling, and transport of materials requires considerable amounts of equipment and truck fuels. Fuel use and electricity consumption will be estimated using CAL-CET in accordance with the guidance for a quantitative analysis provided within the Annotated Outline for capacity-increasing projects.
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component of the Draft Environmental Document. Similar to the air quality analysis, fuel use in the corridor will be estimated using emission factors from EMFAC and VMT data provided by the project team. The Energy Analysis Report will also include a discussion of indirect energy consumption from roadway maintenance, direct energy consumption from lighting, and consistency with local and State Energy Conservation Plans.
Assumptions:
• The project will not require a Health Risk Assessment (HRA).
Deliverables:
• Air Quality Report in PDF format
• Air Quality Conformity Analysis in PDF format
• CEQA Climate Change Report in PDF format
• Energy Analysis in PDF format
Task 3.3.2 Cultural Resources
The Mark Thomas team, will prepare technical reports for compliance with the Caltrans requirements for Section 106 of the National Historic Preservation Act (NHPA), the California Environmental Quality Act (CEQA), Caltrans Section 106 Programmatic Agreement (PA) (2024), and PRC §5024 Memorandum of Understanding (5024 MOU). The Mark Thomas team will prepare the reports in the required Caltrans format using the appropriate content and format guidelines on the Caltrans Standard Environmental Reference, Volume 2: Cultural Resources (SER) website to satisfy the requirements of Section 106 of the NHPA and CEQA.
Area of Potential Effects (APE):
The Mark Thomas team will prepare an APE map that incorporates the limits of physical disturbance for the project, appropriate buffers from the limits of disturbance, and construction staging areas. The Mark Thomas team will revise the APE map one time based on comments from Caltrans review. It is assumed that the APE will be within the Caltrans Right-of-Way (ROW) only, and will not extend into private property.
Tribal Consultation Assistance:
The Mark Thomas team will conduct the Tribal Consultation Notification process for the City or Caltrans.
The Mark Thomas team will prepare a letter template on City or Caltrans letterhead for their review and signature for up to five Tribal contacts as identified by Caltrans and/or the Native American Heritage Commission (NAHC). The Mark Thomas team will send the consultation request letters via email and assume they do not need to be sent return receipt or certified mail. The Mark Thomas team will conduct follow-up phone calls or emails with each Tribal contact that does not respond within 30 days. The Tribal Consultation Notification process will be summarized in the HPSR. Attendance at up to two one-hour Tribal Consultation meetings with Tribes that request consultation is included. Tribal consultation meetings are assumed to be virtual, and no site visits will be required. A City or Caltrans staff member must attend all Tribal Consultation meetings. This task assumes up to 12 hours of Principal Cultural Resources Specialist and up to six hours of Senior Archaeologists time. If additional Tribal Consultation assistance is requested by the City/Caltrans it can be provided under augment.
ASR and HPSR:
The cultural resources technical studies include a Historic Property Survey Report (HPSR), and an Archaeological Survey Report (ASR). The Mark Thomas team will obtain a records search from the South Coastal Information Center (the California Historical Resources Information System [CHRIS] repository for Docusign Envelope ID: 530CAE45-2B35-46CD-ADDE-625EDACE8837 Docusign Envelope ID: 1068EB3F-13BE-4305-92D1-180D94F40D35
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Riverside County); contact the NAHC for a Sacred Lands File Check and a list of Native American contacts; and conduct historic background research. Native American representatives recommended by the NAHC will be contacted to solicit information regarding potential concerns. An archaeological field survey will also be conducted to observe and record any visible archaeological resources or cultural material within the project APE. The archaeological field survey will be conducted within the Caltrans ROW only, and will record any historic and prehistoric cultural resources identified. The archaeological survey will be conducted by one The Mark Thomas team archaeologist in 15-meter intervals over all areas within the APE containing visible ground surface. It is assumed that a Native American monitor will not be required during the archaeological survey, due to the entirely developed landscape.
It is understood that five resources have been previously recorded within the APE, including four historicera street segments and one historic-era utility pole. It is assumed that under the Caltrans Section 106 PA (2024), Appendix 4, the historic-era roadway segments and utility pole will qualify as Property Type 1:
Minor, ubiquitous or fragmentary infrastructure elements, that do not warrant evaluation, and are exempt.
It is further assumed that the archaeological survey will be negative for any newly recorded resources. In the event that unevaluated, potentially significant cultural resources are identified within the APE, the preparation and implementation of an Extended Phase I (XPhI) plan/report, Phase II evaluation plan/report or Historical Resources Evaluation Report (HRER) may be required and can be provided under augment.
Assumptions:
• The preparation of the HPSR, ASR, and APE map only will be required by Caltrans; No additional reports, evaluations or finding of effects documents will be required. • No more than one round of edits with Caltrans and/or the client on the delineation of the APE and no more than one round of edits with Caltrans and/or the client on the HPSR and ASR. • Our scope assumes an HRER will not need to be prepared. • Assume the HPSR Form Template will be sufficient for this undertaking and a narrative HPSR will not be required.
• Assume there are no archaeological historic properties or potential historic properties present within the APE, and the preparation and implementation of an Extended Phase I (XPhI) plan/report or Phase II evaluation plan/report, in the event that unevaluated, potentially significant archaeological sites are identified within the APE, is not included in this scope. • The Mark Thomas team will prepare a letter template to be placed on City or Caltrans letterhead for each of the Tribal contacts requested by Caltrans.
• Consultation request letters can be sent via email and do not need to be sent return receipt or certified mail. The Mark Thomas team will conduct follow-up phone calls or emails with each Tribal contact that does not respond within 30 days.
• Our scope assumes that no consultation with Caltrans Headquarters or the SHPO will be required.
Deliverables:
• Records Search results
• Native American and historic society outreach documentation • Draft and Final APE map and narrative in PDF format
• Draft and Final ASR and HPSR in PDF format
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Task 3.3.3 Biological Resources Technical Memorandum
The Mark Thomas team will conduct a desktop database review and a field survey of the project site and surrounding areas to document existing biological conditions. Based on these findings, the Mark Thomas team will prepare a biological resources technical report that we anticipate this to be a Natural Environment Study – Minimal Impacts which will summarize:
• Existing vegetation communities and habitat types
• Presence or potential for sensitive plant and wildlife species • Riparian areas or other jurisdictional features
• Potential project-related impacts on biological resources • Recommended avoidance, minimization, or mitigation measures, if applicable The memo will support both CEQA and NEPA documentation and will be prepared in accordance with applicable Caltrans SER guidance requirements.
Deliverables:
• Draft and Final Natural Environment Study – Minimal Impact in PDF format Task 3.3.4 Combined Paleontological Identification Report/Paleontological Evaluation Report The Mark Thomas team will complete the paleontological reports. A qualified paleontologist from the Mark Thomas team will perform a paleontological study to evaluate the potential for fossils within the project area, both at the surface and in the subsurface. The paleontological study will consist of a records search, analysis of existing data, and field survey. All work will be completed in compliance with City of Corona and Caltrans guidelines, as well as standards established by the Society of Vertebrate Paleontology (SVP).
Records Searches:
The paleontologist will request a paleontological records search from the Western Science Center (WSC) in Hemet, CA. The records search will identify known paleontological localities within the project area and a 1-mile buffer.
Analysis of Existing Data:
The paleontologist will conduct an analysis of existing data, which includes reviews of geologic mapping, published paleontological literature, previously completed paleontological assessment reports in the area, and available online databases, such as the Paleobiology Database. Paleontological sensitivity rankings will be assigned to each geologic unit identified within the project area. The project area and a 0.5-mile buffer will be mapped onto the highest resolution geologic maps available and overlain with a paleontological sensitivity layer for ease of reference.
Paleontological Field Survey
An initial review of available geologic maps indicates that the surface of the project is in part underlain by Pleistocene-age older alluvial deposits, which are typically considered to have a high sensitivity for paleontological resources using Caltrans sensitivity criteria. Therefore, a paleontological field survey is recommended to verify the geologic mapping, identify the existing level of disturbance within the project footprint, and document any fossils observed at the surface within the project area. Any identified fossils will be documented in detail and reported to the City of Corona and Caltrans. No fossils will be collected during the survey; however, recommendations on the treatment of the fossils (e.g., preconstruction collection or sampling) will be provided.
Paleontological Identification Report/Paleontological Evaluation Report (PIR/PER):
The results of the records search, analysis of existing data, and field survey will be used to assign paleontological sensitivities to the geologic units within the project area using the Caltrans tri-partite Docusign Envelope ID: 530CAE45-2B35-46CD-ADDE-625EDACE8837 Docusign Envelope ID: 1068EB3F-13BE-4305-92D1-180D94F40D35
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system, which includes rankings of no, low, and high sensitivity. A combined Paleontological Identification Report/Paleontological Evaluation Report (PIR/PER) will be prepared to convey the methods and results of the study. The PIR/PER will also include a description of the proposed project, project footprint, proposed excavations, and geological and paleontological context of the project area, and a discussion of the potential to encounter significant paleontological resources during grading and excavation in the project area. Based upon the projections of the potential to encounter significant fossils, the PIR/PER will state the potential impact of the project upon paleontological resources and will provide detailed recommendations for further paleontological tasks to reduce identified adverse impacts/effects, if necessary.
Assumptions:
• The paleontological records search fee at the WSC will not exceed $200. • The paleontological field visit will be completed by one paleontologist in one 8-hour day, including mobilization/demobilization.
• No fossils will be observed or collected during the field survey. • Changes in scope may require a change order.
• One round of comments on draft reports by the client prior to submission to the lead agency. • One round of comments on the draft PIR/PER and PMP by the lead agency. • Changes in scope may require a change order.
Deliverables:
• Draft and Final Paleontological Identification Report/Paleontological Evaluation Report (PIR/PER) in PDF format
Task 3.3.5 Community Impact Assessment
The Mark Thomas team will prepare a community impact assessment in accordance with Caltrans’ Standard Environmental Reference (SER) guidelines and the required format for an EA. The assessment will evaluate the potential social and community-related effects of the proposed project and preferred alternative.
Topics to be addressed include:
• Existing and Future Land Use
• Consistency with State, regional, and local plans and programs • Parks and Recreational Facilities
• Growth Inducement
• Community Character and Cohesion
• Relocations and Real Property Acquisition
• Utilities and Emergency Services
While Environmental Justice and equity are no longer required as standalone topics under current Caltrans guidance, any relevant considerations will be addressed within the appropriate sections, such as Community Character, Relocations, or Access to Services, as applicable.
The information prepared as part of the community impact assessment technical study will also be used as part of the EIR preparation.
Deliverables:
• Draft and Final Community Impact Assessment sections for inclusion in the EA and EIR Docusign Envelope ID: 530CAE45-2B35-46CD-ADDE-625EDACE8837 Docusign Envelope ID: 1068EB3F-13BE-4305-92D1-180D94F40D35
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Task 3.3.6 Hazardous Materials/Waste Phase I Initial Site Assessment (ISA) The Mark Thomas team will prepare a Phase I Initial Site Assessment (ISA) in general accordance with the ASTM E1527-21 Phase I Environmental Site Assessment Standard, consistent with Caltrans SER Chapter 10 guidance. This assessment satisfies the “All Appropriate Inquiry” (AAI) requirements under 40 CFR Part 312 and is intended to help qualify for Landowner Liability Protections (LLPs) under CERCLA, by identifying potential recognized environmental conditions (RECs) within the project limits.
The Phase I ISA scope includes the following tasks:
Government Databases:
A review of regulatory agency records and environmental databases will be conducted within a 500-foot radius of the project area. If needed, regulatory file reviews (up to five sites) will be requested from agencies such as the Regional Water Quality Control Board, SCAQMD, Department of Toxic Substances Control, and County CUPA. Additional costs for expanded records requests will be subject to City approval.
Topographic and Geologic Review:
The Mark Thomas team will review USGS topographic maps and regional geologic information to describe the physical setting and evaluate the potential for pollutant transport via surface and subsurface pathways, including depth to groundwater.
Historical Information:
A historical review will be conducted using aerial photographs, fire insurance maps, city directories, building permits, and other available sources, extending back to the property's earliest documented use or to 1940, whichever is earlier.
Visual Survey:
A site reconnaissance will be performed to observe current conditions and identify any visible indicators of contamination or hazardous materials concerns within the project area and adjacent sites.
Interviews:
With the City’s consent, The Mark Thomas team will attempt to interview property owners, occupants, or managers of affected parcels, as well as relevant public agency representatives, in accordance with ASTM 1527-21 guidelines.
Phase I ISA Report:
Findings, conclusions, and recommendations—including the need for further investigation—will be summarized in the Phase I ISA report. If appropriate, the ISA will include a recommendation for Phase II Site Investigation. A Caltrans ISA checklist will also be completed.
Note: Caltrans typically expects a Phase II Site Investigation to be completed during the environmental document (ED) phase for projects with potential RECs.
Assumptions:
• No soil, groundwater, vapor, or material sampling/testing is included in this scope.
Deliverables:
• Draft and Final Phase I ISA Report in PDF format
• Completed Caltrans ISA Checklist in PDF format
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Task 3.3.7 Hazardous Materials/Waste Limited Phase II Site Assessment A Limited Phase II Site Assessment will be performed based on the results of the Phase I Initial Site Assessment. In looking at the previously prepared Phase I Initial Site Assessment results, it does appear that soil sampling will be required on the northeast side of Ontario Avenue between the northbound I-15 on-ramp and State Street. A Work Plan will be prepared for approval by Caltrans prior to any field work starting. Once the Work Plan is approved, the site investigation was completed as outlined in the Work Plan.
Deliverables:
• Draft and Final Work Plan in PDF format
• Draft and Final Limited Phase II Site Investigation in PDF format Task 3.3.8 Noise Study Report
The Mark Thomas team will evaluate the project’s potential noise and vibration impacts under both NEPA and CEQA. The analysis will assess construction and operational noise impacts associated with both build alternatives. Ambient noise measurements will be collected to establish existing baseline conditions and support modeling of future scenarios.
NEPA Noise Study Report (NSR):
A Noise Study Report (NSR) will be prepared in accordance with Caltrans’ Standard Environmental Reference (SER) guidelines for the City’s review and Caltrans approval. The NSR will:
• Conduct short- and long-term ambient noise monitoring at up to two locations near the intersection;
• Evaluate construction noise and vibration levels using the proposed equipment fleet mix for various phases;
• Analyze operational noise impacts based on changes in traffic volumes and configurations; • Determine whether construction or operational noise would exceed applicable City or Caltrans thresholds;
• Discuss applicable noise policies and abatement criteria; • Include a summary of noise fundamentals, methodology, and regulatory context.
The NSR will serve as the primary technical documentation for the NEPA Environmental Assessment (EA).
CEQA Noise Technical Memorandum:
In support of the CEQA Environmental Impact Report (EIR), The Mark Thomas team will prepare a Noise Technical Memorandum that evaluates potential noise impacts consistent with Appendix G of the CEQA Guidelines. The memo will:
• Incorporate the findings of the NSR where applicable; • Update the baseline to reflect CEQA’s existing conditions standard; • Evaluate whether the project would result in a substantial permanent increase in ambient noise levels;
• Assess cumulative noise impacts and potential effects on sensitive receptors; • Address construction-period impacts, including potential exceedances of local thresholds and vibration-related issues;
• Recommend mitigation measures, where necessary, to reduce impacts to a less-than-significant level.
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The CEQA analysis will ensure full disclosure of potential noise effects from both construction and operation, based on the preferred alternative and consistent with CEQA standards.
Assumptions:
• It is not anticipated that a Noise Abatement Decision Report (NADR) will be required, and the current scope does not include preparation of a NADR. If Caltrans determines that a NADR is necessary during the review process, the Mark Thomas team will prepare a separate scope of work and cost estimate for City review and approval.
• Ambient noise monitoring will be limited to a maximum of four locations.
Deliverables:
• Draft and Final Noise Study Report (NSR) for NEPA compliance (Caltrans review) in PDF format • Draft and Final CEQA Noise Technical Memorandum for inclusion in the EIR in PDF format Task 3.4. Environmental Document Preparation
This task includes preparation of all documents required to fulfill NEPA compliance, including the EA, public circulation notices, as well as CEQA compliance, including the Draft and Final Environmental Impact Report (EIR), CEQA Findings, Mitigation Monitoring and Reporting Program (MMRP), Statement of Overriding Considerations, and filing documentation.
Task 3.4.1 NEPA Environmental Assessment Preparation
The NEPA EA review process will include the following key tasks:
Draft EA Preparation:
The Mark Thomas team will prepare the EA in accordance with the latest Caltrans Annotated Outline for an EA.
Based on Caltrans' requirement for a Environmental Assessment, the following review cycles are assumed:
• One round of review by the City
• Two rounds of review by Caltrans District 8
A screencheck version of the EA will then be submitted to Caltrans for approval and public circulation.
Deliverables:
• Administrative Draft EA and 2 revisions to the document • Screencheck and Final EA for public circulation
Publication and Circulation of EA:
Upon City and Caltrans approval of the Draft EA for public circulation, the Mark Thomas team will prepare the Notice of Availability (NOA) and Notice of Public Meeting using Caltrans templates.
One virtual public meeting is planned during the public review period.
Deliverables:
• Draft and Final versions of the Notice of Availability and Public Meeting Notice • Support for circulation and public meeting logistics.
Final EA Preparation:
Once the public comment period for the Draft EA is closed, the Mark Thomas team will review and compile all public comments and prepare draft responses for City and Caltrans review. The Mark Thomas Docusign Envelope ID: 530CAE45-2B35-46CD-ADDE-625EDACE8837 Docusign Envelope ID: 1068EB3F-13BE-4305-92D1-180D94F40D35
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team will also prepare the FONSI for incorporation into the Final EA, as well as the Environmental Commitment Record (ECR), in accordance with Caltrans requirements.
The Mark Thomas team will submit the Administrative Final EA, including responses to comments, and Draft FONSI to the City and Caltrans for review. Based on Caltrans' requirement for an EA, the following review cycles are assumed:
• One round of review by the City
• Two rounds of review by Caltrans District 8
After these reviews are complete, the Final EA and FONSI will be submitted to Caltrans for approval and signature.
The Mark Thomas team will prepare and mail the Notice of Availability of the Final EA/FONSI, along with a copy of the Final EIR and FONSI, to cooperating and participating agencies, as well as those who commented or requested notification of the project decision. This mailing will occur at least 10 days prior to Caltrans’ final approval, in accordance with NEPA procedures.
Assumptions:
• Only one public meeting will be arranged for both NEPA EA and CEQA EIR. If a separate public meeting is required, the Mark Thomas team will provide an amendment to the scope of work and fee estimate to the city for review and approval.
• Up to 40 substantial questions will be responded to for a combined Draft EA and EIR.
Deliverables:
• Draft and Final Responses to Comments in PDF and Word formats • Final EA and up to two revisions in PDF and Word formats • Environmental Commitment Record (ECR) in PDF format
Task 3.4.2 CEQA Environmental Impact Report
The Mark Thomas team proposes to prepare an EIR. The EIR preparation will include the following key tasks:
• Prepare a detailed Initial Study (IS) Checklist to identify which resource topics require further analysis.
• Prepare and mail the Notice of Preparation (NOP) to agencies and stakeholders using the mailing list developed by the Mark Thomas team and the City.
• Prepare the Administrative Draft EIR using Caltrans’ joint EIR/EA template. • Address up to two rounds of City staff comments and prepare the Screencheck Draft EIR for public circulation.
• Prepare the Notice of Completion (NOC) and Notice of Availability (NOA) and coordinate public circulation of the Draft EIR.
• Coordinate one virtual public meeting during the Draft EIR public review period, to be conducted concurrently with the NEPA EA circulation meeting.
• Prepare responses to public comments on the Draft EIR and incorporate them into the Final EIR. • Prepare the Administrative Draft Final EIR, Findings, and Statement of Overriding Considerations for City review. Up to two rounds of City review are assumed. • Finalize the Final EIR and all supporting documentation required for the City’s CEQA certification and project approval process.
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• File the Notice of Determination (NOD) with the County Clerk and pay the filing and California Department of Fish and Wildlife fees.
Assumptions:
• For the Project Description the engineers will provide adequate information to develop the project alternatives to be evaluated in the environmental document. Up to two (2) Alternatives (one Build Alternative and one No Build Alternative) will be analyzed. • The engineers will provide a range of alternatives considered for inclusion in the environmental document. These alternatives will not be analyzed, but we must show alternatives considered but rejected and provide the reasoning for not moving forward with those alternatives. • Only one public meeting will be arranged for both NEPA EA and CEQA EIR. If a separate public meeting is required, the Mark Thomas team will provide an amendment to the scope of work and fee estimate to the city for review and approval.
• Up to 40 substantial questions will be responded to for a combined Draft EA and EIR. • The scope assumed a NEPA Environmental Assessment as there is currently no nexus for an Environmental Impact Statement based on all available documentation. Should this occur, the additional fees would be approximately $300,000 more than what is proposed for the EIR / EA in this scope of services for additional studies and documentation needed.
Deliverables:
• Administrative Draft EIR in PDF and Word formats
• Screencheck Draft EIR in PDF and Word formats
• Responses to Comments and Draft Final EIR in PDF and Word formats • Final EIR, CEQA Findings, and Statement of Overriding Considerations in PDF and Word formats • NOC and NOD in PDF format
• CEQA filing (including payment of posting and CDFW fees) Task 3.5 Public/Stakeholders/Agencies Outreach
The Mark Thomas team will conduct the following outreach tasks during the CEQA/NEPA environmental review phase:
Stakeholder Database and Mailing List Development:
• Update and maintain a stakeholder and distribution list that includes:
o Public agencies, elected officials, community-based organizations, and neighborhood groups.
o Faith-based, veteran, and cultural/historic interest groups. o Property owners, residents, and businesses within a 500-foot radius of the project area (assumed up to 200 addresses).
• Identify locations (libraries, community centers, offices of elected officials) where environmental documents will be made available for public review.
Notice of Preparation Distribution:
• File the Notice of Preparation (NOP) with the County Clerk (no filing fee assumed). • Prepare and mail the NOP notice to up to 200 addresses, and email the notice to the stakeholder list
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Coordination and Team Communication:
• Participate in up to six virtual team meetings (1 hour each) to coordinate outreach deliverables and respond to project team input.
• Maintain ongoing communication with City and Caltrans staff regarding meeting logistics, outreach materials, and public engagement issues.
Public Notification and Environmental Document Circulation:
• Coordinate public notification and document access for the circulation of the Draft EA and Draft EIR.
• File the Notice of Availability (NOA) with the County Clerk. • Prepare and mail NOA and meeting notices to up to 200 addresses, and email notices to the stakeholder list.
Draft EA/EIR Public Meeting:
• Coordinate and conduct one virtual public meeting during the circulation period of the Draft EA and EIR.
• Assist in developing the meeting PowerPoint presentation and public-facing materials. • Prepare a written summary of public comments and questions received during the meeting.
Final Environmental Document Notices:
• Mail the Notice of Determination (NOD) and Final EA to up to 50 interested agencies or commenters, 10 days prior to Caltrans’ final approval, per NEPA requirements. • File the NOD and pay the CEQA filing fee to the County Clerk (assume $5,000). • Prepare a public outreach summary report for inclusion in the Final EA and EIR.
Assumptions:
• Up to one virtual public meeting will be held during both EA and EIR document circulation. If a separate meeting is required, an amended scope will be provided to the City for review and approval.
Deliverables:
• Stakeholder and mailing list (up to 200 addresses)
• NOP and NOA notices (distributed)
• Public meeting materials and summary
• Final outreach summary report
• NOD filing and fee payment
Task 4: PRELIMINARY DESIGN
Task 4.1 Basis of Design Document
Mark Thomas will prepare a Basis of Design Memorandum indicating the applicable design standards for various items of work for the approved project concept.
Plans and specifications shall be prepared in accordance with current AASHTO and Caltrans’ regulations, policies, procedures, manuals, and standards. Improvements of local roads may be prepared in accordance with City (in Corona’s jurisdiction) and County (in County’s jurisdiction) standards in lieu of Caltrans standards as directed by the City.
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In event that non-standard features become apparent during the initial design, Consultant shall prepare the necessary design exceptions (Design Standard Decision Documents – DSDDs) following Caltrans or UPRR and the respective city’s guidelines.
Assumptions:
• Basis of Design Memorandum draft submittal will occur at the 35% PS&E submittal, upon completing all comments from the City and Various other stakeholders this document will be updated one final time at the 60% PS&E submittal.
• Up to three (3) Design Standard Decision Documents were included to document non-standard features if necessary per Caltrans format.
Deliverables:
• Basis of Design Memorandum (Draft and Final) in PDF format.
Task 4.2 Geometric Concepts
Mark Thomas will provide geometric drawings in accordance with Caltrans District 8 Geometric Approval Drawings (GAD). It is assumed that only the preferred alternative will be refined to the level of GAD, which shall include plans, typical sections, profiles (Ontario Avenue/I-15 On and Off Ramps), and superelevation diagrams. Plans will generally include geometric conditions, striping configuration, drainage considerations, right of way impacts, and approximate limits of grading.
Additionally, Mark Thomas will provide a preliminary cost estimate with the GAD submittal.
Assumptions:
• This scope of services includes up to two (2) submittals to each the City and Caltrans with corresponding updates and response to comments.
Deliverables:
• Geometric Approval Drawings (GADs) in PDF format
• Preliminary Estimate of Probable Costs in PDF format
Task 4.3 Type Selection Report
Mark Thomas will prepare a Structure Type Selection Report (TSR) to assist the City in determining the best suited structure type for the proposed retaining wall in front of existing Ontario Ave Undercrossing north and south abutments. The Type Selection Report will discuss geotechnical, seismic, constructability, aesthetic, utility, and drainage issues related to the wall structure. Both the preferred wall type as well as other walls that are ruled out will be discussed in the report. TSR will include a General Plan and General Plan Estimate for the preferred structure alternative. The Type Selection Report will be presented to Caltrans at a Type Selection Review Meeting that is assumed to be held remotely. Mark Thomas will present the project, preliminary seismic design criteria, preliminary geotechnical recommendations and recommended structure type to Caltrans engineers for review and comment. Type selection meeting summary with comment resolution noted and updated General Plan will be submitted to Caltrans for structure type selection approval.
Assumptions:
• This scope of services includes up to one (1) submittal to each the City and Caltrans with corresponding updates and response to comments.
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Deliverables:
• Caltrans Focused Type Selection Report in PDF format
• Loca Agency / Non Caltrans ROW Focused Type Selection Report in PDF format Task 5: FINAL DESIGN
Task 5.1 Reports
Task 5.1.1 Stormwater Pollution Prevention Plan (SWPPP) Documentation Mark Thomas will prepare Project Data (Areas, Project Risk Level, Slopes) in the Project special conditions / technical specifications sufficient for the Contractor to engage a licensed engineer/CA Qualified Storm Water Practitioner/Developer (QSP/QSD) to prepare the SWPPP necessary to implement during construction. This does not constitute Stormwater Pollution Prevention Plan (SWPPP) or Water Pollution Control Program (WPCP) document.
This information will be included with in the Project special conditions / technical specifications with the 65%, 95% and 100% PS&E submittals.
Deliverables:
• Preliminary and Final Stormwater Pollution Prevention Plan (SWPPP) in PDF format Task 5.1.2 Stormwater Data Report (SWDR)
Mark Thomas will prepare a Stormwater Data Report (SWDR) in conformance with Caltrans SWDR guidelines to address post-construction storm water quantity and quality for improvements within Caltrans R/W. Mark Thomas will prepare a draft and final SWDR. The SWDR will include a project risk level determination, storm water treatment sizing calculations including consideration of hydromodification, determination of disturbed soil area, impervious area calculation, and design checklists.
Deliverables:
• Preliminary and Final Stormwater Data Report (SWDR) in PDF format Task 5.1.3 Transportation Project Guidance (TPG)
Mark Thomas will prepare a Transportation Project Guidance document (TPG) in compliance with the latest Riverside County National Pollution Discharge Elimination System permit requirements and in accordance with The Riverside County Design Handbook for Low Impact Development Best Management Practices for the Middle Santa Ana Watershed. The TPG will include recommendations for postconstruction permanent best management practices (BMPs), including source control (structural and non-structural) and treatment BMPs. Recommendations for BMPs will be incorporated into the project's PS&E. This work includes documentation and incorporation of environmental requirements and mitigation measures, NPDES, temporary and permanent BMPs, air/water quality, erosion/sediment control) into the Project construction documents.
Preliminary Calculations will be developed with the 35% PS&E submittal necessary to size source control and treatment BMPs included with the improvement plans. A Draft TPG using the Riverside County template will be submitted with the 65% PS&E submittal and a Final TPG submitted with the 95% PS&E ready for the City’s signature and adoption.
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Assumptions:
• It was assumed that a hydrology / hydraulics / drainage study was not required for this scope of services as the project is not including any new storm drain facilities, only modifying existing catch basins. Additionally, it was assumed no historical flooding or ponding exists that would require the need to evaluate drainage.
Deliverables:
• Preliminary and Final Stormwater Data Report (SWDR) in PDF format Task 5.2 Calculations
Task 5.2.1 Civil Engineering / Survey Calculations
The following calculations shall be provided:
• Intersection Sight Distance per Caltrans Standards at On & Off Ramps, County Standards withing City R/W.
• Truck Turns at Intersections.
• Profile (i.e. Grades, Vertical Curves).
• Roadway Curvature / Tapers / Transitions.
• Earthwork Quantities.
• Bid Quantities.
• Geometric Traverse and Right of Way (Interest Areas and Types, Closure Reports).
These will be provided at 65%, 95% and 100% PS&E Submittals.
Task 5.2.2 Structural Engineering Calculations
Our team will prepare the following structural calculations:
• Retaining Walls (Outside of Caltrans R/W) – To be reviewed and approved by the City only. • Retaining Walls (Inside of Caltrans R/W) – To be reviewed and approved by the City and Caltrans.
Each package will be submitted at the following milestones:
• Unchecked (Draft) calculations will be provided at the 65% PS&E submittal. • The Independent Check will occur between the 65% and 95% PS&E submittals. • Final calculations will be provided at the 95% milestone.
Deliverables:
• Draft and Final Civil Engineering / Survey Calculations in PDF format • Draft and Final Structural Engineering / Survey Calculations in PDF format Task 5.3 Plan Preparation
The submittals to the City and Caltrans will follow the standard sequence of 60%, 90% and 100%.
Task 5.3.1 60% Plan Preparation
Mark Thomas will develop the following improvement plans for the 60% Submittal based on comments provided by the City and Caltrans from the GAD submittal:
• General Plans: Title Sheet/Vicinity / Location Map and Sheet Index/General Notes, (2 Sheets) • Survey Control Plan, (1 sheet)
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• Right of Way Requirements Maps, (2 Sheets), 1”=40’ Double Stacked • Typical Sections, (2 Sheets)
• Construction Details, (3 Sheets)
• Demolition & Removal Plans, (2 Sheets), 1”=40’ Double Stacked • Roadway Layout Plans, (3 sheets), 1”=40’ Double Stacked • On/Off Ramp Improvement Plans, (2 sheets), 1”=40’ Double Stacked • Profiles & Super Elevations (3 sheets), 1”=40’
• Intersection Grading Plans (4 Sheets), 1”=20’
• Storm Drain Plan and Profile, (2 sheets), 1”=40’ Single Stacked • Storm Drain Lateral Profiles, (1 Sheet)
• Utility Plans, (2 Sheets), 1”=40’ Double Stacked
• Utility Pothole Plans, (2 Sheets), 1”=40’ Double Stacked • Traffic Signals, (4 Locations, On/Off Ramps, Compton Avenue and State Street) • Street Lighting Plans, (2 sheets), 1”=40’ Double Stacked • Interconnect Plans (2 sheets) , 1”=40’ Double Stacked • Retaining Wall Improvement Plans (Local Agency and UPRR R/W), (12 Sheets) • Retaining Wall Improvement Plans (Caltrans R/W), (10 Sheets) • Planting and Irrigation General Plans / Notes / Details, (2 Sheets) • Irrigation Improvement Plans, (4 Sheets)
• Landscape Improvement Plans (3 Sheets)
• Traffic Handling / Stage Construction (4 Sheets)
Prior to commencing work on updating the GADs, Mark Thomas will categorize every comment from the City into a Response to Comments Matrix. We will conduct a workshop with the City to review comments to ensure there is an adequate understanding between the City and the Mark Thomas team prior to the 60% PS&E submittal.
The 60% Submittal will also be the basis of the initial DEER application process with Caltrans and the Encroachment Permit with Riverside County.
Task 5.3.2 90% Plan Preparation
Mark Thomas will update the 60% improvement plans based upon the comments provided from the City, UPRR, Caltrans, and RCFC & WCD based upon review of the 90% submittal. No new plans are anticipated for this submittal.
Task 5.3.3 100% Plan Preparation
Mark Thomas will update the 90% improvement plans based upon the comments provided from the City, UPRR, Caltrans, and RCFC & WCD based upon review of the 100% submittal. No new plans are anticipated for this submittal.
Assumptions
• It was assumed ramp metering plans for the on and off ramps are not required and were not included with this scope of services.
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Deliverables:
• Plan Submittals in PDF format at the 60%, 90% and 100% PS&E submittals • Response to comments matrix in PDF format at the 60%, 90% and 100% PS&E submittals Task 5.4 Specifications
Mark Thomas will prepare specifications packages using the latest APWA Standard Specifications for Public Works Construction (Greenbook)/Caltrans Standard Specifications and consistent with the current City format. We anticipate the City will provide the boilerplate contract documents to be included in the specifications package. We will work with the City on assembling the entire contract document package.
Specifications will be provided, starting with an outline at the 60% PS&E submittal, and full special provisions/technical specifications at the 90% PS&E submittal. Both the 90% and 100% PS&E submittals will include a response to comments from subsequent submittals.
Deliverables:
• Specifications Submittals in PDF and word formats at the 60%, 90% and 100% PS&E submittals • Response to comments matrix in PDF format at the 60%, 90% and 100% PS&E submittals Task 4.8.5 Estimate of Probable Costs
A cost estimate will be prepared to inform the City of the upcoming financial obligation and to provide an engineer’s estimate as a basis for the design. The estimate will show quantities and unit prices for each work item along with appropriate mobilization and contingency costs. We will research the latest unit prices available and consult with the City on specific prices and use our own information from other recent bids as available to ensure the unit prices are current. We will also coordinate and conduct value engineering study/analysis for any proposed improvements during the design. The estimate provided as part of Task
4.6.3.1 will be updated based on City comments and market data at the 35%, 65%, 95% and 100% PS&E submittals that include a response to comments from subsequent submittals.
All estimate submittals will be both in excel and PDF formats with each submittal.
Deliverables:
• Estimate of Probable Costs Submittals in PDF and excel formats at the 60%, 90% and 100% PS&E submittals
• Response to comments matrix in PDF format at the 60%, 90% and 100% PS&E submittals Task 4.8.6 Funding Assessment
Mark Thomas will compile a list of available funding programs that apply to these trail improvements, their requirements, timelines, local agency match requirements, and how the funding can be applied (i.e. R/W, Construction, Design, etc.) and generate a Funding Source Strategy Memorandum that identifies recommendations on how to position each applicable source, the application process and schedule, and special studies or considerations necessary to complete the application process.
Deliverables:
• Funding Source Strategy Memorandum in PDF format.
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Task 6: PERMITS / APPROVALS
Task 6.1 Caltrans District 8 – Design Engineering Evaluation Report (DEER) Based upon our initial review of the preliminary design and Project elements, we assume a Design Engineering Evaluation Report (DEER) is the approval document Caltrans will require of the Project. The DEER is Caltrans’ approval document for processing construction projects within State right of way. The DEER process is intended to streamline the processing of projects-funded by-others by reducing the steps in the project development process. At Caltrans’ discretion, the State may increase the level of documentation and processing for projects that are deemed complex.
Mark Thomas will prepare the DEER application checklist and assist the City with a scoping meeting to discuss the appropriate documentation, scope and schedule for the DEER.
Mark Thomas will prepare a DEER for project approval. If Caltrans requires a more robust (beyond a DEER) approval document, Mark Thomas will seek authorization from the City prior to proceeding.
The DEER will require the following deliverables:
• Traffic Operations Analysis Report/ISOAP – Completed with Task 3.1.4 and 3.1.5. • Storm Water Data Report (SWDR) – Completed with Task 5.1.2. • Right of Way Data Sheet – Completed with Task 6.4.1.
• Cost Estimate – Mark Thomas will prepare quantities and unit costs for the build alternative and complete the 11-page Caltrans Preliminary Project Cost Estimate Summary. Approximate quantities will be developed, and unit costs determined based on Caltrans Contract Cost Data and recent applicable bid results. The 11-page estimate will also include supplemental items, state furnished materials and an estimate of Capital Outlay Support Costs. • Bulletin 78 Design Checklist – Together with the preliminary layouts, Mark Thomas will prepare design checklists indicating conformance with applicable Caltrans standards of the proposed improvements only. For those areas where Caltrans standards cannot be met in State facilities, Mark Thomas will prepare a technical memo to document the need to request exceptions to design standard. The design exceptions are completed as part of Task 4.5.
Assumptions:
• It was assumed that Caltrans will require a DEER level approval, traditional PSR / PA&E / PS&E was not anticipated for this project as it’s a grade separation and not a new interchange. • The design for any alternatives reviewed will be provided by Mark Thomas. • Only one build alternative is included.
• The City will provide all permit application fees, annual fees, and/or any additional fees that may be required.
Deliverables:
• Caltrans DEER Application, Report, and Supporting Submittals Task 6.2 Riverside County Encroachment Permit
With the 65% PS&E submittal to the City, Mark Thomas will process an encroachment permit with Riverside County for the work within and east of the State Street and Ontario Avenue intersection. We will submit supplemental submittals with the 90% and 100% _S&E submittals and response to comments as necessary for each submittal to the County. Additionally, we will conduct workshops after the GAD, 60%, 90% and 100% submittals to review the Temescal Canyon Road project status and plans with County Transportation staff involved with the project.
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Assumptions:
• The City will provide all permit application fees, annual fees, and/or any additional fees that may be required.
Deliverables:
• Riverside County Encroachment Permit Application and Supporting Submittals Task 6.3 Utilities
Task 6.3.1 Utility Coordination
Mark Thomas will prepare and send Utility “B” and “C” letters to utility owners. Utility “B” letter are the Relocation Claim Letter with Utility Conflict Sheets after the 60% submittal of PS&E. Utility “C” Letters are the Notice to Owners Letters after the 90% submittal of PS&E to appropriate utility owners.
Assumptions:
• It was assumed there are no utility cooperative agreements needed for the project and were excluded from this scope of services.
Deliverables:
• Utility Management Matrix in PDF format
• Utility Relocation Claim “B” Letter / Conflict Sheets in PDF format • Notice to Owner to Relocate “C” Letters (Up to 3) in PDF format Task 6.3.2 Utility Potholing
Mark Thomas will develop Utility Pothole Plans prior to commencement of performing utility pothole / positive location services. Utility Pothole Plans will show locations of potholes (i.e. northings, eastings, existing surface elevations) and will be utilized as the basis of utility pothole work with our pothole contractor (C-Below) and for permitting purposes. Mark Thomas will potholing existing underground utilities to avoid conflicts with proposed improvements for up to twenty (20) locations.
Assumptions:
• It was assumed hot patch repair is not necessary as the roadway will be reconstructed as part of the Project Improvements. All potholes in the road will be filled with permanent asphalt concrete with no cold mill.
• It was assumed no storm drain or sewer manholes will require dipping and was excluded from the scope of services.
• Engineered Signed Traffic Control Plans are not required for permitting. All traffic control will be in accordance with Manual of Uniform Traffic Control Devices / Work Area Traffic Control Handbook for utility potholing and positive location work.
• Up to $5,000 was included for a Caltrans Encroachment Permit if necessary, no other permitting fees were included.
• Utility potholing will occur after the completion of the Project Concept Approval and prior to the submittal of 60% PS&E.
Deliverables:
• Utility Potholes (up to 20)
• Utility Pothole Plans in PDF format
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• Utility Pothole Summary Report / Matrix in PDF format Tasks 6.3.3 SCE Coordination
Mark Thomas will coordinate with Southern California Edison (SCE) to prepare necessary applications for power connections and/or relocations as necessary on the project for new electrical service connections.
Assumptions:
• Fees for SCE services are not included with this proposal. • Applications were only included for the new traffic signals, it was assumed we can connect to existing irrigation or electrical controllers that will not be replaced or installed new due to project improvements.
Deliverables:
• SCE Applications (Up to 4)
Task 6.4 Right of Way
Task 6.4.1 Right of Way Requirements
Mark Thomas will supply Right of Way Requirements Maps within Task 5.3 illustrating impacted property ownership / information and interests necessary for construction including area and general dimensions.
Additionally, Mark Thomas will prepare up to eight (8) Legal Descriptions and Plat map exhibits for impacted properties, under the responsible charge of California Licensed Professional Land Surveyor to assist the City’s Right-of-Way consultant in performing appraisals and acquisitions.
Lastly, the Mark Thomas team will provide a Right of Way Data Sheet per the Caltrans Right of Way Manual Chapter 17 for one build alternative and corresponding cost estimates with the DEER application / Caltrans submittal.
Assumptions:
• Caltrans style Appraisal Maps or Right of Way Record Maps were not included as they are typically not required for a DEER approval.
Deliverables:
• Legal Descriptions / Plat Map Exhibits (up to 8) in PDF format • Right of Way Data Sheet in PDF format
Task 6.4.2 Appraisals
All appraisals and appraisal reviews used for the acquisition of real property will be prepared in accordance with 49 CFR Part 24 and the Uniform Standards of Professional Appraisal Practice (USPAP). A single self-contained appraisal report will be prepared for each property acquisition that will contain relevant project-related data, subject property information, market comparables, and an analysis of the appraiser’s value conclusions.
During the appraisal process, the Mark Thomas team will be responsible for the following tasks:
• Prepare appraisal scope, fee, and schedule for each property. • Prepare and deliver appraisal notices to property owners. • Conduct field reviews of property with appraiser.
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• Make weekly contact with appraisers to update progress. • Review appraisal reports for quality and accuracy.
Appraisals will be prepared in accordance with USPAP requirements, and will contain the following:
• Adequate description of the physical characteristics of the property being appraised (and, in the case of a partial acquisition, an adequate description of the remainder). • Any identified personal property.
• Statement of any known or observed encumbrances and the location, zoning, present use, and year sales history of the property.
• An analysis of the property’s highest and best use.
• All relevant approaches to value consistent with established federal appraisal practices. If more than one approach is used, there will be an analysis and reconciliation of the approaches to support the appraiser’s opinion of value.
• A listing and analysis of comparable sales, including a description of all relevant physical, legal, and economic factors such as parties to the transaction, source, and method of financing, and verification by a party involved in the transaction.
• A statement of the value of the real property interest to be acquired and, for a partial acquisition, a statement of value of the damages and benefits, if any, to the remaining real property where appropriate.
• The effective date of valuation and date of appraisal report, with signed certification of the appraiser.
Deliverables:
• Up to 8 Appraisals in PDF format
Task 6.4.3 Appraisal Review
Review appraisals will be provided for each appraisal, in accordance with State and Federal law and City policy as required. The review appraiser will, as appropriate:
• Identify the intended users and use of the review, and the purpose of the assignment. • Identify the following for each appraisal under review:
o Appraiser and firm who completed the assignment.
o Subject property.
o Effective date of the appraisal and opinion of value. o Property and ownership interest appraised.
• Identify the scope of work to be performed.
• Develop an opinion as to the completeness of the material under review, given the scope of work applicable in the assignment.
• Develop an opinion as to the apparent adequacy and relevance of the data and the propriety of any adjustments to the data, given the scope of work applicable in the assignment. • Develop an opinion as to the appropriateness of the appraisal methods and techniques used, given the scope of work applicable in the assignment, and develop the reasons for any disagreement.
• Develop an opinion as to whether the analyses, opinions, and conclusions are appropriate and reasonable, given the scope of work applicable in the assignment, and develop the reasons for any disagreement.
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• Review appraisals will be forwarded to the City for establishment of just compensation prior to the preparation of offers to acquire the proposed land rights for the project.
Deliverables:
• Up to 8 Appraisal Reviews in PDF format
Task 6.4.4 Acquisition and Negotiation
Based on our understanding of the project and information provided by the City, the Mark Thomas team assumes that the Project will require the acquisition of property rights from up to 8 owners. The Mark Thomas team will provide all services required for the City to purchase the right-of-way required to construct the Project. All tasks will be performed in accordance with applicable Federal, State and local regulations, and the City’s internal policies and procedures. Specifically, the Mark Thomas team will:
• Coordinate and manage the acquisition process with the City, legal counsel, design team, property owners, and tenants along with the title company, appraisers, and other consultants to insure effective cross-discipline communications.
• Review right-of-way plans, appraisal reports, title reports, appraisal maps and legal descriptions and all other pertinent documents.
• Prepare acquisition offer packages consisting of the City’s written purchase offer, appraisal summary statement, acquisition brochure, acquisition agreement, conveying instruments (Grant Deed, Permanent and/or Temporary Easements, etc.), Certificate of Acceptance, recommendation of Just Compensation, plat maps and legal descriptions, and Title VI Information. • The Mark Thomas team’s acquisition agent will attempt to meet personally with each property owner to present the offer and discuss the acquisition process. • Negotiate in good faith with each property owner or their agent or representative and address any questions or concerns that may arise during the acquisition process. • Establish and maintain an acquisition file for each property owner and maintain a file checklist pursuant to the City’s specifications.
• Promptly transmit executed documents to the City for acceptance and processing. • If necessary, prepare and submit a Letter of Recommendation for any proposed administrative settlements, which will include a chronology of the negotiation efforts, and provide supporting documentation and an explanation of the rationale behind the recommendation. • Escrow Coordination – Serving as liaison between the City and the title company, we will facilitate the opening of escrows, assist the escrow company in obtaining any necessary additional documentation, supervise and review the closing of escrows, and review closing statements for completeness and accuracy.
• Our primary goal will be to reach an agreement with each property owner, and we will work with the City to develop solutions to achieve this goal. Should negotiations reach an impasse, we will provide a written recommendation condemnation action, including all required justification and supporting documentation.
• Provide bilingual acquisition agents, if necessary.
• Upon project completion, completed acquisition files will be provided electronically for each impacted owner.
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Assumptions
• Up to 60 days (calendar) of negotiating period from date of first written offer is included with this scope of services.
• It is assumed one offer package per impacted property/owner. • The overall fee does not contain fees for condemnation support or utility coordination and is excluded from this scope of services.
Deliverables:
• Up to 8 executed Agreements and Deeds/Easements in PDF format Task 6.4.5 Certification
The Mark Thomas team will assist the City with the preparation and submission of all required Caltrans Right-of-Way Certification forms and supporting documents. The Mark Thomas team will coordinate with Caltrans staff to address any questions or concerns and will assist the City to ensure the ultimate acceptance and approval of the Certification. Specifically, the Mark Thomas team will:
• Draft, review and revise Right-of-Way Certification forms. • Compile and submit all supporting property acquisition, relocation, and other applicable documents.
• If necessary, coordinate with relevant parties to compile and submit utility coordination back-up documents.
• Coordinate with Caltrans staff to facilitate timely review and approval of Certification. • Coordinate and attend up to 3 meetings with Caltrans staff to review and discuss Certification forms and/or supporting documentation.
• Hold up to 3 meetings with the project team to monitor certification progress and schedule.
Deliverables:
• Approved and accepted Caltrans Exhibit 13-B (Right-of-Way Certification) or equivalent required Caltrans forms in PDF format
TASK 7: BIDDING ASSISTANCE
Task 7.1: Bidding Assistance
Mark Thomas will assist the City during bidding phase for structures on the project. The bidding support may include answering bid inquiries (10 questions assumed) from prospective bidders, attending pre-bid meeting (1 meeting assumed), and bid evaluation.
Assumptions
• Mark Thomas has provided a budgetary amount for Bidding Assistance tasks listed herein to be completed on a time and materials basis. Tasks will be completed at the direction of the City or the City’s Construction Management Consultant and any time and materials needed beyond this budgetary amount will require a contract amendment from the City.
Deliverables:
• Response to Bid Inquiries (up to 10) in word and PDF formats • Attendance of a pre-bid meeting
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TASK 8: DESIGN SERVICES DURING CONSTRUCTION
Task 8.1: Design Services During Construction
The construction support may include attending construction meetings (2 meetings assumed), answering Requests for Information (RFI) (20 RFIs assumed), reviewing prefabricated bridge shop drawing plans (3 shop drawing reviews assumed), and preparing Contract Change Order plan revisions (2 change orders assumed). It is assumed the City will retain a construction manager for the project and Mark Thomas' need to review submittals other than the SHGA wall and traffic signal/lighting shop drawings will be limited. Upon receiving the as-built redlines from the construction manager, Mark Thomas will prepare "as-built" drawings for submittal to the City.
Assumptions:
• Mark Thomas has provided a budgetary amount for the Design Services During Construction task listed herein to be completed on a time and materials basis. Tasks will be completed at the direction of the City or the City’s Construction Management Consultant and any time and materials needed beyond this budgetary amount will require a contract amendment from the City. • Either the City staff or their Construction Management consultant will provide detailed redlines and instructions of as-built conditions prior to Mark Thomas development of final as-builts. Our asbuilts will be based upon said redlines and/or instructions. The contractor shall include all RFI’s, and submittals answered during the construction phase, all-inclusive in one redlined plan set to be used as the basis to develop the as-built plans.
Deliverables:
• Attendance of up to 2 meetings
• Reviewed Submittals (up to 3) in PDF format
• Response to RFIs (up to 20) in PDF format
• Plan Revisions in PDF format (up to 2)
• Record "As-Built" Drawings – PDF format
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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.
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DATE: 04/15/2026
TO: Honorable Mayor and City Council Members
FROM: Public Works Department
2026-130
REQUEST FOR CITY COUNCIL ACTION
SUBJECT:
CONSTRUCTION CONTRACT WITH AD IMPROVEMENTS, INC. FOR PHASE 2 OF
THE NORTH MALL DEMOLITION PROJECT
EXECUTIVE SUMMARY:
This staff report asks the City Council to approve the construction contract with AD Improvements, Inc. for the demolition and disposal of three commercial buildings, consisting of 13 commercial units, at the Corona North Mall.
RECOMMENDED ACTION:
That the City Council:
a. Adopt the Plans and Specifications for the North Mall Properties Demolition – Phase 2 Project (Project), Notice Inviting Bids 26-029SB. b. Award Notice Inviting Bids 26-029SB, to AD Improvements, Inc., the lowest responsive, responsible bidder, for the total bid amount of $682,189, and waive any and all minor irregularities in the bidding document as submitted by said bidder.
c. Approve the construction contract with AD Improvements, Inc. for the demolition of the North Mall Properties – Phase 2 Project in the amount of $682,189.
d. Authorize the City Manager, or his designee, to execute the construction contract with AD Improvements, Inc. in the amount of $682,189, including any nonsubstantive extensions, change orders, purchase orders, and amendments up to 10% of total contract cost or $68,218 as authorized in Section 3.08.050 (H) of the Corona Municipal Code.
e. Authorize the City Manager, or his designee, to issue a purchase order to AD Improvements, Inc., in the amount of $682,189.
BACKGROUND & HISTORY:
The revitalization of the North Mall, in the heart of the downtown, is one of the catalytic projects in the Downtown Revitalization Plan. The site, located at 6th and Main, has long been underutilized. Over time, the City has acquired nearly all of the properties within the North Mall with the intent to redevelop the site as a mixed-use project.
Part of the redevelopment process is to prepare the site ready for development, which includes demolishing the City owned buildings that are no longer in use. On October 1, 2025, the City completed the first phase of the North Mall Demolition Project. Phase 2 of the demolition project consists of the demolition and disposal of three (3) buildings, consisting of thirteen (13) commercial units. Demolition activities include, but are not limited to, utility disconnection/removals, abatement of hazardous materials, teardown of existing structures, material removal, and fill and compaction to clear the site and leave the existing pad flush to surrounding asphalt/ grade surface elevations. On April 22, 2025, the City accepted Ninyo and Moore’s proposal for Hazardous Material Testing for Phase II of demolition of the North Mall properties.
ANALYSIS:
This Project was advertised for bids on January 27, 2026, pursuant to Corona Municipal Code Section 3.08.050, Public projects-formal bidding procedure requirements. On March 2, 2026, five (5) bids were received from pre-qualified contractors through the PlanetBids bidding service.
The following is a summary of the bid results, based on Bid Schedule A and the Engineer’s Estimate:
Contractor Location Bid Schedule
Amount
Engineer’s Estimate $850,000.00
1 AD Improvements, Inc. Wildomar, CA $682,189.00
2 GAMA Contracting Services South El Monte, CA $1,041,768.50 3 Resource Environmental, Inc. Cerritos, CA $1,051,000.00 4 American Integrates Services,
Inc.
Wilmington, CA $1,114,353.90
Contractor Location Bid Schedule
Amount
Engineer’s Estimate $850,000.00
5 Force Demolition Corona, CA $1,265,200.00
Staff reviewed all bids received and recommend awarding the contract based on the Bid Schedule for a total contract amount of $682,189 to AD Improvements, Inc., as the lowest responsive, responsible bidder. All licenses and references for AD Improvements, Inc., have been reviewed and verified by City staff, and all other documentation is in order.
Demolition is tentatively scheduled to commence in May/June 2026, with completion anticipated in October 2026.
FINANCIAL IMPACT:
Funding for the recommended actions is available in the North Corona Mall Acquisitions and Improvement, Operating and Maintenance Project No. 78390 within the Measure X Fund 120.
The estimated construction cost for this project is outlined as follows:
Construction
…………………………………………………………………………………………….
$682,189
City and Consultant Construction Support (10%) …………………………………………….. $68,218
Contingency (10%)
……………………………………………………………………………………… $68,218
Total Construction Cost
………………………………………………………………………… $818,625
ENVIRONMENTAL ANALYSIS:
This action is categorically exempt pursuant to Section 15301 of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt if the project involves demolition or removal of individual small structures. In urbanized area, the exemption applies to the demolition of up to three such commercial buildings on sites zones for such use. A Notice of Exemption will be filed with the County of Riverside.
PREPARED BY: KEVIN HANNA, ASSOCIATE ENGINEER
REVIEWED BY: SAVAT KHAMPHOU, PUBLIC WORKS DIRECTOR
ATTACHMENTS:
1. Exhibit 1 – Location Map
2. Exhibit 2 – Construction Contract
CITY OF CORONA
PUBLIC WORKS DEPARTMENT
NORTH MALL PROPERTIES
DEMOLITION PROJECT – PHASE II
EXHIBIT 1 – LOCATION MAP
CONTRACT
THIS CONTRACT is made this _____ day of ________________, 20___, in the County of Riverside, State of California, by and between the City of Corona, hereinafter called City, and AD Improvements, 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:
NORTH MALL PROPERTIES DEMOLITION PROJECT – PHASE II, NIB NO. 26-029SB The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s 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 120 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 Six Hundred Eighty Two Thousand One Hundred Eighty Nine Dollars ($682,189.00) 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 $1,000 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
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders
Bidder’s Experience Statement
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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 Contractor’s 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. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK
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SIGNATURES ON FOLLOWING PAGE]
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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
Reviewed By:
______________________________
Javier Luna, PE
CIP Manager
Reviewed By:
______________________________
Kevin Hanna
Associate Engineer
Attest:
______________________________
Sylvia Edwards, City Clerk
City of Corona, California
AD IMPROVEMENTS, INC.
By:
______________________________
Signature
Robert Acosta
President/CEO/CFO/Secretary
704437________________________
License Number
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DATE: 04/15/2026
TO: Honorable Mayor and City Council Members
FROM: Public Works Department
2026-128
REQUEST FOR CITY COUNCIL ACTION
SUBJECT:
PURCHASE OF 13 BUSES FOR THE CITY OF CORONA DIAL-A-RIDE PROGRAM EXECUTIVE SUMMARY:
This staff report asks the City Council to authorize the purchase of 13 new compressed natural gas (CNG) buses to serve the Dial-A-Ride program for $2,987,394 using State and Federal Transit Administration funds.
RECOMMENDED ACTION:
That the City Council:
a. Authorize the purchase of thirteen (13) Startrans Senator Class C Ford compressed natural gas buses from Model 1 Commercial Vehicles in the amount of $2,987,394.
b. Authorize the City Manager, or his designee, to issue a purchase order to Model 1 Commercial Vehicles in the amount of $2,987,394
c. Authorize the City Manager, or his designee, to approve any necessary change orders in the amount of $298,739 or 10% of the contract amount. d. Authorize the City Manager, or his designee, to approve additional budgetary adjustments required for the purchase of buses.
e. Make a determination under Corona Municipal Code Section 3.08.125(B) that competitive bidding has been satisfied based upon the reasons provided in the “Basis for Determination of Competitive Bidding” section of this report.
BACKGROUND & HISTORY:
The City of Corona Transit Service (CCTS) operates its transit program through the DialA-Ride (DAR) and Corona Cruiser fixed-route service. The DAR service is comprised of specialized demand response and Americans with Disability Act (ADA)-complementary paratransit service. This service provides curb-to-curb transportation to qualified individuals, seniors 60 and older, and persons with disabilities, while door-to-door service is available to those certified under the ADA program.
In May 2017, City Council authorized the purchase of eleven (11) Class C Ford compressed natural gas (CNG) buses for the City’s Dial-A-Ride program. These eleven (11) buses were in addition to two (2) similar vehicles purchased in 2012 to complete the DAR program’s thirteen-vehicle fleet. The current Dial-A-Ride fleet has exceeded the Federal Transit Administration (FTA) minimum useful service life of five years or 150,000 miles and continues to experience increasing maintenance demands and operational constraints
Therefore, staff recommends the purchase of thirteen (13) replacement buses through the California Association for Coordinated Transportation/Morongo Basin Transit Authority Purchasing Cooperative (CalACT), as was done for the 2017 vehicle procurement. The Cooperative was developed in accordance with the Local Government Purchasing Schedule, as defined by 49 Code of Federal Regulations (CFR) §18.36, wherein the FTA extends to states and local governments the authority to make arrangements with multiple vendors to provide options for goods or services at established prices. Through the Cooperative, bus manufacturers and distributors submitted sealed bids based on the potential for state-wide bus procurement. As such, the City can leverage the purchasing potential of the Cooperative to secure competitive pricing and as allowed under the Corona Municipal Code 3.08.140 ANALYSIS:
On August 6, 2025, the City Council awarded a contract to Michael Baker International, Inc. (MBI) to provide consulting services for Transit Technical Assistance in response to RFP NO. 25-030AT. MBI’s core project tasks include transit planning and routing, bus stop upgrades, fleet procurement, deployment of an Intelligent Transportation System, and deployment of zero-emission bus technologies.
In September 2025, MBI began researching potential manufacturers and vehicle models available from the Cooperative that are comparable to and could replace the existing fleet.
After reviewing various models available through the CalACT, it was determined that five (5) vehicles met the City’s base requirement. Research was conducted that considered the following factors: Altoona Testing Results for federal vehicle requirements and standards, warranties, floorplans, and available vehicle specifications. Of the available
five Class C Cutaway ADA CNG vehicle options, two models had poor Altoona Testing Results and were excluded from further consideration. The three remaining vehicle models were the Starcraft Allstar, the Startrans Senator, and the Glaval Universal. On November 5, 2025, and December 11, 2025, CCTS staff met to discuss required and desired vehicle specifications and features to prepare for coordination with the vendors.
The Starcraft Allstar and the Startran Senator are available through Model 1 and the Glalval Universal is available through A-Z Bus Sales.
MBI used the decisions at these meetings to develop an Independent Cost Estimate, as required by the FTA and the California Department of Transportation (Caltrans) Division of Rail & Mass Transportation. The purpose of the Independent Cost Estimate is to establish a benchmark for evaluating price reasonableness in vehicle procurement prior to obtaining vendor quotes. Considering required and desired vehicle specifications and features, staff anticipated a fair and reasonable price range for this procurement effort to be from $220,000 to $250,000 per vehicle.
In November 2025, staff also reached out to peer agencies to obtain feedback on both the prospective vendors and the vehicle manufacturers and models. The feedback on vendor performance was incorporated in the scoring matrix presented below.
After ongoing coordination with two vendors to establish required specifications and design vehicle floorplans for the three different vehicle models, CCTS requested formal quotes on January 23, 2026. Model 1 Commercial Vehicles (Model 1) provided quotes for the Starcraft Allstar and Startrans Senator, and A-Z Bus Sales, Inc. (A-Z) provided a quote for the Glaval Universal. All three models were priced using the same chassis, drivetrain, CNG conversion, and floorplan, as well as similar required and optional features such as suspension, fire suppression, wheelchair lift, surveillance, air conditioning, seating, and signage. The eleven (11) buses purchased in 2017 were equipped with the same or similar features.
Using a weighted scoring matrix, MBI evaluated the three vehicle models and the associated quotes based on seven criteria. The scoring was completed using a scale of one through three, with three being the most competitive and one being the least competitive. The results of the scoring, showing all weighted criteria, are provided in the table below. See Exhibit 1 for the full quote analysis matrix.
Vendor, Manufacturer, Model
Model 1,
Starcraft
Allstar
Model 1,
Startrans
Senator
A-Z,
Glaval
Universal
Criterion Weighting Score
Base Price 25% 3 2 1
Required Options Price 20% 1 2 3
Frame Coating / Corrosion
Resistance 5% 2 3 3
Altoona Test Results 25% 2 3 2
Vehicle Warranty 10% 3 3 2
Vendor, Manufacturer, Model
Model 1,
Starcraft
Allstar
Model 1,
Startrans
Senator
A-Z,
Glaval
Universal
Criterion Weighting Score
Proposed Delivery Date 5% 3 3 3
Vendor Performance 10% 3 3 2
Total Score 2.30 2.55 2.05
Based on the above methodology, the Startrans Senator received the highest total score.
The Senator’s per vehicle cost of $229,800 also within the price range identified in the Independent Cost Estimate.
City staff reviewed all documentation provided by MBI and are in concurrence with MBI’s recommendation. The Startrans Senator is an ADA-compliant transit bus built on a Ford E450 chassis and powered by compressed natural gas (CNG). The vehicle has a service life of five years or an accumulation of at least 150,000 miles. The Senator bus can accommodate 18 seated passengers, or 16 seated passengers with two passengers in wheelchairs. These buses are equipped with a rear wheelchair lift with a 1000-pound capacity, roof-mounted air-conditioning, vinyl upholstery and seat belts on every seat, destination signs and a stop request system, a video surveillance system, and an onboard fire suppression and methane detection system.
The cost for a Senator bus is $229,800 and the estimated cost for thirteen (13) buses is $2,987,394. Staff recommends that City Council authorize the purchase of the thirteen (13) Startrans Senator buses from Model 1 Commercial Vehicles. Upon approval by City Council, staff will request a letter of assignment from the Cooperative assigning the City of Corona thirteen (13) buses for the Startrans Senator bus to be purchased from Model 1 Commercial Vehicles.
Following City Council authorization, vehicle procurement is anticipated to take approximately 8 to 12 months for manufacturing and delivery. Upon delivery, an additional 3 to 6 months will be required to complete vehicle acceptance, inspections, grant compliance activities, and City‑ specific modifications prior to placing the buses in service.
BASIS FOR DETERMINATION OF COMPETITIVE BIDDING:
The Public Works Department is requesting to utilize the CalACT Purchasing Cooperative (Cooperative) to purchase equipment for this project pursuant to Corona Municipal Code (CMC) Section 3.08.125(B), based upon competitive bidding already being completed. “When the purchasing agent and authorized contracting party, with the approval of the City Manager, determines that:
(1) A competitive bid procedure has been conducted by another public agency, including, but not limited to, another local agency, the state, through the California Multiple Award Schedule (CMAS), the federal government, through the General Services Administration (GSA), the U.S. Communities Government Purchasing Alliance, or the Western States
Contracting Alliance (WSCA); and (2) The price to the city is equal to or better than the price to that public agency.”
FINANCIAL IMPACT:
Funding for the recommended actions is available in the Comprehensive Operations Analysis (COA) Replacement of Buses, Operating and Maintenance Project No. 76580 within Transit Service Fund 577. The purchase of buses is entirely grant funded. With the recommended action, funding for this procurement is available as follows:
Funding Source Estimated Amount
Federal Section 5307 $2,368,546
Federal Section 5339 $267,241
State Transit Assistance $636,600
State of Good Repair $102,399
Total Funding Sources $3,374,786
The total cost of the thirteen (13) buses is $2,987,393.73, leaving $387,392.27 in the Operating and Maintenance Project budget for the following additional costs related to bus procurement:
1. Change orders (10% of the contract) to include new vehicle wrap/decaling encompassing the city’s new branding.
2. Third-party in-plant bus inspection to include compliance audit, pre-delivery testing, and post-delivery inspection/verification services.
ENVIRONMENTAL ANALYSIS:
This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This action merely authorizes the purchase of thirteen (13) buses for the DAR fleet, and there is no possibility that approving this project will have a significant effect on the environment.
Therefore, no environmental analysis is required.
PREPARED BY: SUDESH PAUL, TRANSIT PROGRAM MANAGER
REVIEWED BY: SAVAT KHAMPHOU, PUBLIC WORKS DIRECTOR
ATTACHMENTS:
1. Exhibit 1 – Vendor Quote Analysis Matrix
EXHIBIT 1 – VENDOR QUOTE ANALYSIS MATRIX
Using a weighted scoring matrix, CCTS staff evaluated the three vehicle models and the associated quotes. The scoring was completed using a scale of 1 through 3, with 3 being the most competitive and 1 being the least competitive.
Vendor Quote Analysis Matrix
Vendor Model 1 Model 1 A-Z
Manufacturer Starcraft Startrans Glaval Bus
Model Allstar Senator Universal
Quote Date 1/26/2026 1/26/2026 1/27/2026
Base Price (per unit) $151,975.00 $152,501.00 $161,279.00 Options Price (per unit) $59,854.00 $58,951.00 $57,054.00 Frame Coating / Corrosion Resistance Spray-primed Aluminized Coating Aluminized Coating Altoona Test Results
3 Reliability Issues /
1 Shakedown Test
Issue
2 Reliability Issues /
1 Shakedown Test Issue
3 Reliability Issues /
1 Shakedown Test Issue
Vehicle Warranty See Warranty Details See Warranty Details See Warranty Details Proposed Delivery Date 210 Days from PO 210 Days from PO 210 Days from PO Vendor Performance See Peer Survey See Peer Survey See Peer Survey Ranking
Base Price 25% 3 2 1
Required Options Price 20% 1 2 3
Frame Coating / Corrosion Resistance 5% 2 3 3
Altoona Test Results 25% 2 3 2
Vehicle Warranty 10% 3 3 2
Proposed Delivery Date 5% 3 3 3
Vendor Performance 10% 3 3 2
Total Score 2.3 2.55 2.05
*Altoona testing results for all three vehicle options were reviewed specifically for the CNG model of the vehicle, except for the shakedown test. A shakedown test was not performed for the CNG version of the Starcraft Allstar, but it was performed on the gasoline version of the vehicle. In the absence of a result for the CNG version of Starcraft Allstar, the shakedown test result for the gasoline version of the vehicle was used instead for the purpose of this analysis. All three vehicles had similar water penetration issues identified in the shakedown test, which ultimately did not impact the overall Altoona test result score. In addition, all three vehicles are manufactured by Forest River, which has implemented improvements to address water penetration issues identified in the Altoona testing reports, such as improved weather seals and enhanced caulking procedures.
DATE: 04/15/2026
TO: Honorable Mayor and City Council Members
FROM: Finance Department
2026-117
REQUEST FOR CITY COUNCIL ACTION
SUBJECT:
RESOLUTIONS INITIATING PROCEEDINGS TO LEVY AND COLLECT
ASSESSMENTS FOR FISCAL YEAR 2027 FOR LIGHTING MAINTENANCE DISTRICTS NO. 84-1 AND 2003-1, APPOINTING ENGINEER OF RECORD, AND ORDERING THE PREPARATION OF ENGINEER’S REPORTS
EXECUTIVE SUMMARY:
This staff report asks the City Council to consider staff’s recommendation to appoint Spicer Consulting Group, LLC to prepare the Engineer's Report necessary to levy and collect special assessments for Fiscal Year (FY) 2027 for Lighting Maintenance Districts No. 84-1 and 2003-1. Lighting Maintenance Districts No. 84-1 and 2003-1 were established in 1983 and 2003 respectively, in accordance with the provisions of the Landscaping and Lighting Act of 1972 to provide lighting maintenance and operating services for the public street lighting, traffic signals, and appurtenant facilities within the districts’ boundaries. The State of California Street and Highways Code Section 22500 require an annual review of the assessments levied by the special districts formed under the Landscape and Lighting Act of 1972.
RECOMMENDED ACTION:
That the City Council:
a. Adopt Resolution No. 2026-017, initiating proceedings to levy and collect assessments for Fiscal Year 2027 for Lighting Maintenance District No. 84-1
pursuant to the Landscaping and Lighting Act of 1972, appointing Engineer of Record, and ordering preparation of an Engineer’s Report. b. Adopt Resolution No. 2026-018, initiating proceedings to levy and collect assessments for Fiscal Year 2027 for Lighting Maintenance District No. 2003-1 pursuant to the Landscaping and Lighting Act of 1972, appointing Engineer of Record, and ordering preparation of an Engineer’s Report.
BACKGROUND & HISTORY:
Lighting Maintenance Districts Nos. 84-1 (LMD 84-1) and 2003-1 (LMD 2003-1) were established in 1983 and 2003, respectively, in accordance with the provisions of the Landscape and Lighting Act of 1972 (the 1972 Act). These districts provide lighting maintenance and operating services for the public street lighting, traffic signals, and appurtenant facilities within the district’s boundaries.
The benefit area of LMD 84-1 covers all of the original City boundaries in 1983 and annexation areas northwest of the City, as shown on Exhibit 1. The original boundary of LMD 2003-1 included the Corona Crossings and Dos Lagos developments. Since its formation, five developments have been annexed into LMD 2003-1. The current boundary of LMD 2003-1 is shown in Exhibit 2.
The State of California Street and Highways Code Section 22500 require an annual review of the assessments levied by the special districts formed under the 1972 Act. An Engineer's Report must be prepared to levy and collect special assessments within the districts, which provide details on the improvements maintained and the estimated budgets for each district.
ANALYSIS:
Staff recommend that the City retain the services of Spicer Consulting Group, LLC to prepare the Engineer's Reports necessary to levy and collect special assessments for FY 2027 for the above districts. The consultant has extensive experience in assessment district financing and administration and was selected as the City’s special tax consulting service provider through a competitive process in January 2023.
The attached resolutions initiate the proceedings pursuant to the 1972 Act to levy and collect annual assessments within each district for the maintenance, servicing, and operation of public streetlights, traffic signals, and other improvements within each district's boundaries. The resolutions also appoint Spicer Consulting Group, LLC as Engineer of Record to prepare the Engineer's Reports for each district for FY 2027.
FINANCIAL IMPACT:
The proposed annual fees of $28,080 for LMD 84-1 and $4,585 for LMD 2003-1 from Spicer Consulting Group, LLC, are for preparing the Fiscal Year 2027 Engineer's Reports, calculating special assessments, submitting the annual levy, and other administrative
tasks. The special assessment collected within each district will pay the cost and is included in the district's current budget.
ENVIRONMENTAL ANALYSIS:
This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This action merely sets the special taxes to be levied and collected within the Districts for Fiscal Year 2027, and there is no possibility that adopting the resolution will have a significant effect on the environment. Therefore, no environmental analysis is required.
PREPARED BY: ERMA MONTANO, SENIOR FINANCIAL ANALYST
REVIEWED BY: BRUCE FOLTZ, FINANCE DIRECTOR
ATTACHMENTS:
1. Exhibit 1 – LMD 84-1 Boundary Map
2. Exhibit 2 – LMD 2003-1 Boundary Map
3. Exhibit 3 – Resolution No. 2026-017
4. Exhibit 4 – Resolution No. 2026-018
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MAIN
SIXTH
LINCOLN
FOOTHILL
RIMPAU
RIVER
RINCON
ONTARIO
RAILROAD
SMITH
HAMNER
GREEN RIVER
FULLERTON
MAGNOLIA
JOY
PARKRIDGE
GRAND
HIDDEN VALLEY
PROMENADE
EAGLE GLEN
CORYDON
RIDGELINE
CAJALCO
SECOND
VIA DEL RIO
EL CERRITO
HIGHGROVE
MCKINLEY
INDIANA
NEECE
INDIANA
RIVER
MAGNOLIA
RIVER
ONTARIO
City of Corona
Citywide Lighting Maintenance District No. 84-1
District Boundary µ
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91 71
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ONTARIO
RIMPAU
FOOTHILL
FULLERTON
EAGLE GLEN
CAJALCO
CALIFORNIA
TEMESCAL CANYON
EL CERRITO
15 City of Corona
Lighting Maintenance District 2003-1
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RESOLUTION NO. 2026-017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CORONA, CALIFORNIA, INITIATING PROCEEDINGS
TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL
YEAR 2027 FOR LIGHTING MAINTENANCE DISTRICT
NO. 84-1 PURSUANT TO THE LANDSCAPING AND
LIGHTING ACT OF 1972, APPOINTING ENGINEER OF
RECORD, AND ORDERING PREPARATION OF AN
ENGINEER’S REPORT
WHEREAS, the City Council of the City of Corona (the “City Council”) has previously determined that the public interest, convenience, and necessity require the installation, construction, and maintenance of public street lighting, traffic signals, and appurtenant facilities within the Lighting Maintenance District No. 84-1 (the “District”) as authorized by the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code (the “Act”); and
WHEREAS, the City Council has determined that the public interest, convenience, and necessity require the continued levy of assessments within the District for the purpose of installation, construction, and maintenance of public street lighting facilities and traffic signals as authorized by the Act.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CORONA, CALIFORNIA, AS FOLLOWS:
SECTION 1. The City Council hereby initiates proceedings pursuant to the Act to levy and collect annual assessments within the District for the maintenance, servicing, and operation of public street lighting facilities and traffic signals during Fiscal Year 2027.
SECTION 2. The maintenance to be performed consists of the furnishing of services and materials for the ongoing maintenance, operation, and servicing of public street lighting facilities and traffic signals, including:
(a) Repair, removal, or replacement of all, or any part of, the improvements thereon, including incidental pavement work, sidewalk, and curb and gutter; (b) Required electrical operation, repair, and replacement; and (c) Street lighting facility and traffic signal installation, servicing, and maintenance.
SECTION 3. The proceedings for the annual levy of assessments are to be conducted pursuant to the Act.
SECTION 4. Spicer Consulting Group, LLC, is hereby appointed as Engineer of Record for the purpose of preparing the written report provided for in Section 22567 of the Street and Highways Code, and is hereby directed to prepare and file such report with the City Clerk.