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RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
THIS AGREEMENT (“AGREEMENT”) is entered into on December 5, 2023 (“Effective Date”) by and between the CITY OF POMONA (“the CITY”) and RKA Consulting Group (“CONSULTANT”), with its primary business location at 398 Lemon Creek Drive, Suite E, Walnut, CA 91789. The CITY and CONSULTANT may be individually referred to herein as the Party and collectively as the Parties.
RECITALS
WHEREAS, the CITY desires to engage CONSULTANT to provide professional civil engineering services for the “Garey Avenue Rehabilitation – Aliso Street to Monterey Avenue,” Project No. 428-2590-XXXXX-68573 (the “Project”);
WHEREAS, CONSULTANT is willing to perform the services defined herein for the Project; and
WHEREAS, CONSULTANT represen ts that the principal representative stated below is authorized to act as such on behalf of CONSULTANT.
NOW, THEREFORE, the Parties agree as follows:
1. TERM . This AGREEMENT is entered into on the effective date and shall continue until completion of the Project, or December 10, 2026, whichever occurs first. An amendment to extend the term of this AGREEMENT shall require a written amendment fully executed by the Parties at least 30 days prior the date the AGREEMENT expires.
2. REPRESENTATIVES OF THE PARTIES AND SERVICE OF NOTICE . The representatives of the Part ies who are primarily responsible for the administration and performance of the AGREEMENT, and to whom formal notice, demands and communications must be given, are as follows:
A. The principal representative of the CITY is:
Arnold Dischosa, City Engineer
Ci
ty of Pomona
Public Works De partment
505 South Garey Avenue
Pomona, CA 91766
(909) 620-2266
B. The principal r epr esentative of the CONSULTANT is:
Cody Howing, P.E.
RK
A Consulting Group
398 Lemon Creek Drive, Suite E
Walnut, CA 91789
(9
09) 594-9702
C. Formal notices, demands and communications to be given hereunder by either party must be made in writing and effected by personal delivery or by mail. Formal notices and demands sent by E-mail or facsimile are not valid.
D. If the name of the principal representative desig nated to receive the notices, demands or communications, or the address of such person, is changed, written notice DRAFT
Attachment No. 1
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RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 shall be given within five calendar days of said change .
3. RETENTION. The CITY retains CONSULTANT to provide professional civil engineering services in accordance with this AGREEMENT. CONSULTANT agrees to render such services on the terms and conditions stated herein.
4. SCOPE OF SERV ICES. The scope of serv ices to be provided is set forth in the attached Scope of Services, which is made Exhibit "A" to this AGREEMENT.
5. COMPENSATION. The CITY agrees to pay CONSULTANT for the services set fort h in the aforementioned Scope of Services.
A. CONSULTANT agrees t hat the fees for services may not exceed the authorized amount of $1,747,230 (One million, seven hundred forty-seven thousand, two hundred and thirty dollars), as set forth in Exhibit “B,” attached hereto, unless the CITY has given specific advance approval in writing.
B. Within 30 days of receipt of invoices, the CITY will pay undisputed invoice balances. Within 30 days of receipt of invoices the CITY will notify CONSULTANT of any disputed amount.
C. Withholding Compensation.
1. After the CITY gives CONSULTANT a notice of a performance deficiency, including a time for correcting deficient performance, the CITY may, it its sole option, withhold compensation for nonperformance when CONTRACTOR fails to correct performance deficiencies.
2. Ongoing or recurring deficiencies are considered separate non-performance events each time CONSULTANT fails to correct deficiencies, after which each day is an additional occurrence subject to withholding of compensation.
6. INDEPENDENT CONTRACTOR.
A
. CONSULTANT is an independent contractor. As such, CONSULTANT has no power or authority to incur any debt, obligation or liability on behalf of the CITY, unless such authority is expressly conferred under this AGREEMENT. Further, CONSULTANT is not entitled to any benefit typically associated with an employee such as medical, sick leave, retirement, or vacation benefit. CONSULTANT expressly waives any claim to any such right.
B. The personnel performing services under this AGREEMENT on behalf of CONSULTANT will, at all-times be under CONSULTANT's exclusive direction and control. Neither the CITY, nor any of its employees, have any control over the manner, mode, or means by which CONSULTANT, its agents, or its employees, perform the services required herein, except as otherwise stated in this AGREEMENT. The CITY has no voice in the selection, discharge, supervision or control of CONSULTANT’s employees, representatives, or agents, or in fixing their number, compensation, or hours of service.
C. CONSULTANT will perform services under this AGREEMENT as an independent contractor and will, at all times, remain a wholly independent contractor. The CITY does not, in any way or for any purpose, become, nor may it be deemed a partner of CONSULTANT in the latter’s business or otherwise a joint venture or member of any joint enterprise with CONSULTANT.
6. ECONOMIC INTEREST STATEMENT. CONSULTANT hereby acknowledges that, in DRAFT
RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 accordance with Government Code Section 87300 and the Conflict of Interest Code adopted by the CITY hereunder, CONSULTANT is designated in said Conflict of Interest Code and is therefore required to file an Economic Interest Statement (Form 700) with the City Clerk, for each employee providing advice under this Agreement, prior to the commencement of work. The extent of CONSULTANT’s disclosure requirements is set forth in the Written Determination of the City Manager of the CITY, attached hereto as Exhibit "C."
7. PERS INDEMNITY.
A. In the event CONSULTANT or any employee, agent , or subcontractor of CONSULTANT providing serv ices under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the CITY, CONSULTANT will indemnify, defend , and hold harmless the C ity for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONSULTANT or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
B. Notwithstanding any other agency, state or federal policy, rule, regulation, law, or ordinance to the contrary, CONSULTANT and any of its employees, agents, and subcontractors providing service under this Agreement do not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation , benefit, or any incident of employment by the CITY , including but not limited to eligibility to enroll in PERS as an employee of the CITY and entit lement to any contribution to be paid by the CITY for employer contribution or employee contributions for PERS benefits .
C. CONSULTANT is solely responsible for compliance wi th PERS restrictions applicable to any of CONSULTANT's employees , agents, or subcontractors.
8. INDEMNITY AND INSURANCE.
A. INDEMNITY. CONSULTANT hereby agrees to protect, indemnify and hold the CITY and its employees, officers and servants free and harmless from any and all losses, claims, liens, demands and causes of action of every k ind and character including, but not limited to, the amounts of judgment, interests, court costs, legal fees, expert costs, expert fees and all other expenses incurred by the CITY to the maximum extent allowed by law arising in favor of any party, including claims, liens, debts, personal injuries including employees of the CITY, death or damages injuries, including employees of the CITY, death or damages to property (including property of the CITY) and without limitation by enumeration, all other claims or demands of every character occurring or arising directly out of or as a consequence of the performance of the work performed hereunder, except only such injury to persons or damage to property due or claimed to be due to the sole negligence of the CITY. This provision is not intended to create any cause of action in favor of any third party against CONSULTANT or the CITY or to enlarge in any way the CONSULTANT's liability but is intended solely to provide for indemnification of the CITY for liability for damages or injuries to th ird persons or property arising from CONSULTANT's negligent performance hereunder.
B. INSURANCE. CONSULTANT will procure and maintain at all times during the term of this AGREEMENT insurance as set forth in Exhibit "D" attached hereto.
9. PREVAILING WAGE LAW. CONSULTANT is aware of the requirements of California Labor Code Section 1720, et seq. and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“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 the total compensation is $1,000 or more, CONSULTANT agrees to fully comply with such Prevailing Wage Laws. Moreover, as required by Labor Code 1860, DRAFT
RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 CONSULTANT shall secure the payment of compensation to CONSULTANT’s employees in accordance with the provisions of Labor Code Section 3700. CONSULTANT shall obtain a copy of the prevailing rates of per diem wages at the commencement of the Agreement from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov/dlsr/. 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 CONSULTANT’s principal place of business and at the project site. CONSULTANT shall defend, indemnify and hold the CITY, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
REGISTRATION. If the Services are being performed as part of an applicable “public works” or “maintenance” project, then under Labor Sections 1725.5 and 1771.1, the CONSULTANT and all sub consultants must be registered with the Department of Industrial Relations, CONSULTANT shall maintain registration for the duration of the project and require the same of any sub consultants, and this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be CONSULTANT’s sole responsibility to comply with all applicable registration and labor compliance requirements. Notwithstanding the foregoing, the registration requirements mandated by Labor Code sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code sections 1725.1 and 1771.1.
10. OWNERSHIP OF WORK PRODUCT. All reports, documents, or other written material developed by CONSULTANT in the performance of this AGREEMENT are and remain the property of the CITY without restriction or limitation on their use or dissemination by the CITY. Such material may not be the subject of a copyright application by CONSULTANT. Any re-use by CITY of any such materials on any project other than the project for which they were prepared is at the sole risk of CITY unless CITY compensates CONSULTANT for such use.
11. CONFIDENTIALITY. Employees of CONSULTANT, in the course of their duties, might have access to financia l, accounting, statistical, and personne l data of private individuals and employees of the CITY. CONSULTANT covenants that all data, d ocuments, discussion, or other information developed or received by CONSUL TANT or provided for performance of thi s AGREEMENT are deemed confidential and shall not be disclosed by CONSULTANT without written authorization by the CITY. The CITY shall grant such authorization if disclosure is required by law. All CITY data shall be returned to the CITY upon the termination of this AGREEMENT. CONSULTANT's covenant under this Section survives the termination of this AGREEMENT.
12. TERMINATION FOR CONVENIENCE. The CITY may terminate this AGREEMENT at any time without cause by giving 30 calendar days written notice to CONSULTANT of such termination and specifying the effective date thereof. If this AGREEMENT is terminated as provided herein, CONSULTANT will be paid only the total amount equal to the service that CONSULTANT has provided, to the CITY's satisfaction, as determined solely by the CITY, as of the termination date. In no event may the amount payable upon termination exceed the total maximum compensation provided for in this AGREEMENT or the value of services provided as of date of termination.
13. TERMINATION FOR CAUSE. If for any reason, CONSULTANT fails to fulfill in a timely and proper manner its obligation under this AGREEMENT , or if CONSULTANT violates any of the covenants or st ipulations of this AGREEMENT, the CITY then has the right to terminate this AGREEMENT by giving a five-calendar-day written notice to CONSULTANT. The notice must refer to this clause, specify the nature of the alleged default, and specify the effective date of the termination. CONSULTANT will be paid a total amount equal to the service CONSULTANT has provided, to the CITY's satisfaction, as determined solely by the CITY , as of the termination date.
In no event may the amount payable upon termination exceed the total maximum compensation provided in this AGREEMENT.
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RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573
14. ASSIGNMENT AND SUBCONTRACTING. Neither party may assign or subcontract the rights or responsibilities under this AGREEMENT without the express, written consent of the other party, which may be withheld for any reason or for no reason .
15. STANDARD. CONSULTANT agrees that the services to be rendered pursuant to this AGREEMENT shall be performed in accordance with the standards customa rily provided by an experienced and competent prof essional organization rendering the same or similar services.
CONSULTANT will re-perform any of said services that are not in conformity with industry standards, as determined solely by the CITY. CONSULTANT will be relieved of its obligation to re- perform said services if the CITY does not notify CONSULTANT within 180 days after the completion of the non-conforming service.
16. RESOLUTION OF DISPUTES.
A. Disputes regarding the interpretation or appl ication of any provisions of this AGREEMENT must, to the extent reasonably feasible , be resolved through good faith negotiations between the Parties .
B. If any action, at law or in equity, is brought to enforce or to interpret any provisions of this AGREEMENT, the prevailing party in such action s hall be entitled to recover reasonable attorney's fees, costs and necessary disbursements , in addition to such other relief as may be sought and awarded.
17. FORCE MAJEURE. The respective duties and obligations of the Parties hereunder are suspended whi le and so long as performance hereto is prevented or impeded by str ikes, disturbances, riots, fire, severe weather, government action , war acts, acts of God, or any other cause similar or dissimilar to the foregoing which are beyond the control of the party from whom the affected performance was due.
18. NON-DISCRIMINATION AND E QUAL E MPLOY MENT OPPORTUNITY. In the performance of this AGREEMENT, CONSULTANT may not discriminate against any employee , subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap , medical condition, or sexual orientation.
CONSULTANT will take affirmative action to ensure that subcontractors and applicants are employed without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
19. SEVERABILITY. If any provision of this AGREEMENT is held by a court of competent jurisdiction to be invalid , void or unenforceable, the remaining provisions nevertheless continue in full force and effect without being impaired or invalidated in anyway.
20. GOVERNING LAW. This AGREEMENT is governed by and must be construed in accordance with laws of the State of California. In the event of litigation between the parties, venue of state trial courts lies exclusively in the County of Los Angeles. In the event of litigation in a U.S.
District Court, exclusive venue lies in the Central District of California.
21. COMPLIANCE WITH LAWS.
A. CONSULTANT shall keep informed of, and comply with, State, Federal, and local laws, ordinances, codes, and regulations that in any manner affect the CONSULTANT's performance of this AGREEMENT. CONSULTANT shall at all times comply with such laws, ordinances, codes and regulations.
B. CONSULTANT shall obtain a CITY Business License prior to commencing performance under this AGREEMENT.
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RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573
C. If CONSULTANT is an out-of-state corporation or LLC, it must be qualified or registered to do business in the State of California pursuant to the California Corporations Code.
D. The CITY , its officers, and employees, shall not be liable at law or in equity occasioned by CONSULTANT's failure to comply with this Section.
22. NON-WAIVER. The CITY's waiver of any breach of any provision of this AGREEMENT shall not be deemed a waiver of any other provision of this AGREEMENT, and shall not be deemed a waiver of any subsequent breach of the same provision or any other provision. The CITY's payment to CONSULTANT shall not constitute a waiver of any breach or default which may then exist on the part of the CONSULTANT. The CITY's payment to CONSULTANT shall not impair or prejudice any right or remedy available to the CITY with regarding to such breach or default.
23. ENTIRE AGREEMENT. This AGREEMENT, together with Exhibits "A," "B," "C" and “D” supersede any and all other agreemen ts, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this AGREEMENT acknowledges that no representation by any party, which is not embodied herein, nor any other agreement statement or promise not contained in this AGREEMENT shall be valid and binding. Any modification of the AGREEMENT shall be effective only if it is in writing and signed by all Parties.
24. Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “E” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.
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RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 IN WITNESS WHEREOF this Agreement is entered into by the Parties hereto on the dates set forth below.
CITY OF POMONA
By:_________________________________
James Makshanoff, City Manager
Date: ________________________
CONSULTANT
By: ________________________________
Print:_______________________________
Its: ________________________________
Date: ________________________
ATTEST
____________________________________
Rosalia Butler, City Clerk
APPROVED AS TO FORM:
____________________________________
By: Marco Martinez, Deputy City Attorney
Approved by City Council on December 4, 2023
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RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 EXHIBIT “A”
SCOPE OF SERVICES
This Scope of Services hereby also includes as necessary and required reference documents the following Attachments:
Attachment A, Concept Median Layout Plans (Sample Plans); Attachment B, Landscape Concept Plans (Sample Plans);
Attachment C, Design & Construction Plans (Sample Plans); Attachment D, Traffic Study (Sample Study);
Attachment E, Traffic Study and Turning Movements Analysis Limits Map; Attachment F, Turning Movement Analysis (Sample);
Attachment G, Federal Contract Provisions;
Attachment H, Clean California Grant; and
Attachment I, American Rescue Plan Act Guidelines.
The CONSULTANT may or may not be requested to provide any or all the following services, at the CITY’s option, depending on CITY staff and project budget availability. The CONSULTANT shall include all the following services in their services and fees:
I. GENERAL SERVICES
A. All work and services needed and not included elsewhere under other tasks below for detailed design, PS&E (Plans, Specifications, & Estimates), inspection, construction management, testing, permitting, approvals, grant administrations, as-builts, and closeouts, shall be included under this General Services task and corresponding General Services sub-tasks.
B. Consultant shall consider and also include all sections of this Scope of Services: General Services, Design Services, Pre-Construction Services, Construction Services, Post-Construction Services, and Other Services intended work and Scope of Services requirements stated elsewhere in this Scope of Services as though they are repeated in full in each section with respect to the intended Consultant work, goals, and services to be provided as well as resulting separate intended Construction work to be performed – so that it is understood and agreed that all the intended work (Consultant and resulting Construction Contractor/s) and Scope of Services sections shall be provided and managed by the Consultant in a complete, comprehensive, and coordinated manner (for example: all intended Construction project work and goals described in the General Services section as well as in the Design Services and PS&E sections is the same Construction work and goals that shall be administered/managed/and performed according to the Scope of Services described under the Pre-Construction, Construction Services, as well as the Post Construction, and other sections of this Scope of Services.
C. The CONSULTANT shall prepare Plans, Specifications and Estimates (PS&E’s) and shall provide other services: community outreach, potholing, as-needed Construction Management services, and other services as stated herein as required in this ‘Scope of Services’ (also known as the ‘Scope of Work’). This Scope of Services is to be provided for areas along Garey Avenue, for Garey Avenue to be changed into a four-lane divided street with new landscaped raised median & parkway landscaping and irrigation improvements (see Attachment A, Concept Median Plans, Attachment B, Landscape Concept Plan, & Attachment C, Design & Construction Plans, as reference to design similar median and landscaping plans), street & sidewalk rehabilitation, upgrades to existing bus shelters, pavement and drainage, traffic signal work, signing and striping, America Rescue Plan as well as Clean California Grant improvements, Safe Clean Water (SCW; also known as : Measure W) improvements (stormwater/drainage quantity and quality DRAFT
RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 improvements, infiltration, filtering, storage, etc.), and other improvements per this scope of services and the City of Pomona’s: Green Street Plan, Active Transportation Plan, General Plan, Corridors Specific Plan (CSP), City Standards, City Specifications (all these City Plans, Standards, and Specifications are hereby included with this Scope of Services by reference). Garey Avenue is currently a four-lane roadway with center turn lane and some on street parking; therefore, most of Garey Avenue currently exists as a seven (7) lane roadway. The general resulting design for separate sub segment construction segments of Garey Avenue the CONSULTANT shall provide this Scope of Services for is from Aliso Street to Monterey Avenue, plus 1000 feet beyond these limits in each direction; however, the Traffic Study and Turning Movements analysis limits are substantially larger (See Attachment E).
The Consultant shall perform the Clean California Grant requirements on an accelerated schedule, to ensure and allow the City to meet the schedule requirements for the Clean California Grant.
Consultant shall perform all services required in this Scope of Services and needed for completion of the Clean California Grant physical infrastructure improvements along Garey Avenue for the Clean California Grant as shown in Attachment H and included here by reference.
D. The Consultant shall perform the Scope of Services requirements needed to allow the City to award a separate construction contract AS SOON AS POSSIBLE (ASAP), with “Time is of the Essence”, and Not Later than December 15, 2025 (with a different construction contractor) for the American Rescue Plan Act (ARPA) 2021 developed by the U.S. Department of Treasury. The ARPA was developed to promote and streamline the provision of assistance to individuals and communities in greatest need, particularly communities that have been historically disadvantaged and have experienced disproportionate impacts of the COVID-19 crisis. The American Rescue Plan grant project work has four goals:
Focus on Equity: It requires recipients to track what portion of funds are going toward and benefiting highly impacted and disadvantaged communities.
Focus on Workers: It supports basic public sector employees, essential personnel, and other workers in recognition that these workforces will drive America’s recovery and are largely from highly impacted communities.
Focus on Community Engagement: It requires participants to report on community engagement strategies to inform spending and build capacity to serve people with significant barriers to services. Focus on Evidence Based Interventions: It requires recipients to track their project outcomes over time and some projects are required to provide information about what portion of their funds are spent on evidence-based interventions or are being evaluated. See Attachment I for American Rescue Plan Act guidelines.
E. The Consultant shall perform SCW Scope of Services requirements as part of the Garey Avenue project to maximize and realize this project’s opportunities to allow the City to meet Clean Water Act, NPDES, Safe Clean Water (Measure W), and related water/storm water/drainage/run-off/etc quality and quantity improvement goals. Consultant shall review, investigate, estimate, and recommend potential SCW improvements; and, Consultant shall comply with City’s decisions regarding how and where to implement SCW improvements as well as capitalize on utilization of other Landscaping/Hardscaping/Median Improvement/Paving/Tree/Plantings and related improvements, and Consultant shall design and include said SCW improvements in the Scope of Services, Design, PS&E, Pre-Construction, Construction Management/Inspection, Post- Construction/and Other Services to be provided.
Consultant shall ensure that all fees, invoicing, reimbursements, and all back-up information for these projects (all costs of Consultant, sub-Consultants, Utilities, Agencies, Contractors, sub- Contractors, and all other costs) shall fully account separately for Clean California Grant funding expenditures (planned/estimated and realized), ARPA (Federal) funding expenditures DRAFT
RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 (planned/estimated and realized), as well as SCW funding (planned/estimated and realized), and these funding sources associated work. Consultant shall also include in Final Design Fees all costs needed for re-packaging and combine further and/or provide as base bids or additive alternates the above segments of this project – as directed by the City (see General Services, C., Items 1 thru 6 as initial permutations of ‘re-packaging’; SCW may be a re-package onto itself OR delayed construction PART onto itself with some final surface course paving; and/or Clean CA may need to be 1st Critical re-package to meet Grant deadlines, etc.)
F. The CONSULTANT shall design the project(s) to be in accordance with the City of Pomona’s latest versions of the City’s Standard Details, Specifications, subsequent related Geotechnical Reports, subsequent related studies and analyses, General Plan Update and Corridors Specific Plan, originally adopted in March 2014, grand and various funding requirements as well as the CITY’s current version of the Green Street, and other official Plans and Requirements, Ordinances, Policies, Codes, etc. (all these reference documents are hereby included with this Scope of Services by reference). The CONSULTANT’s design work (PS&E) shall, in addition to other goals/objectives stated above (California grant improvements and SCW improvements, etc.) and herein, provide detailed bidding and construction requirements to convert the existing continuous center turn lane and adjacent areas along Garey Avenue into proposed landscaped and irrigated and lighted median, with turn pockets at select intersections, and some median openings for circulation, traffic signal improvements (as PS&E bid package construction additive alternatives) at intersections, storm drain and infiltration improvements, parkway improvements (such as but not limited to landscaping, irrigation, ADA walkways, driveways, lighting, and bus stop shelters and furniture), utilities (water and sewer line relocations, utilities connections, and, and other related improvements (dry utilities, relocation, etc.), as well as provide for repaving and pavement rehabilitation and pavement related improvements (streets, sidewalks, retaining curbs, curb and gutter, spandrels, decorative pavement crosswalks, etc.) G. The CONSULTANT’s Scope of Services shall also provide all General Services, Design Services, Pre-Construction Services, Construction Management and Inspection Services, Post-Construction Services, and Other Services, as well as professional design work, project management, and as- needed construction management, as-needed construction engineering, and as-needed inspection for a construction project(s) along the above Garey Avenue limits to include, generally proceeding North to South**:
Conceptual, Design, and Construction Median Plans. See Attachment A & C, as reference/sample for preparation of Garey Avenue median plans. CSP new landscaped raised median and curbing. See Attachment B “Landscape Concept Plan (Sample Plan)” as reference/sample for preparation of the Garey Avenue landscaped raised median and curbing.
Traffic Study. See Attachment D & E as reference/sample for preparation of the traffic study for Garey Avenue and surrounding locations. Traffic Study shall follow City of Pomona Transportation Study guidelines.
Turning Movement Analysis. See Attachment F, as reference/sample for the preparation of the turning movement analysis for Garey Avenue and surrounding locations. Parking Study (Garey Avenue and adjacent properties)
New Irrigation system throughout for medians and parkways (with new electrical and water services)
Lighting and illumination Study and Report
CSP lighting, electrical improvements, and removal of existing lighting (additive alternate: ‘add alt.’)
Intersection signalization improvements (add alt.)
Intersection improvements (for U-turns, turn movements, cross-walks, etc.) DRAFT
RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 Turn-lane widening improvements. (determined by Traffic study and turning movement analysis prepared by CONSULTANT).
Drainage improvements along Garey Avenue
Storm water infiltration
Water main relocation
Sewer main relocation
Plant street trees in missing parkway/sidewalk locations and in additional locations per CSP SCW work (along Garey Avenue)
Curb Ramps and connecting walk ways and pavement areas designed to comply with ADA In-fill sidewalk and related parkway work, trees, walkway, driveways, etc. Sidewalk, sidewalk horizontal saw cutting
Curb & Gutter and deep digout removal and replacements Bus pads throughout
Bus Shelter Improvements, and Bus Stop Furniture Improvements Horizontal and vertical alignments at all curbs and all lane lines Multiple pavement cross sections and structural sections Cost & time effective and business & residential sensitive pavement removal, as well as underlying PCC pavements, and reconstruction of the pavement structural sections New striping & signage plans
Traffic Control Plans (for during construction, for CITY and State of California Department of Transportation (Caltrans))
Provide PS&E, CM, & Inspection and secure permit and approval from California Department of Transportation (Caltrans) for Garey Avenue related work (and Garey Avenue work traffic control) needed in vicinity of I-10 freeway and in Caltrans right-of-way (some traffic control will be needed on I-10 freeway, Traffic Control Plans will be needed, PS&E for curb ramp & sidewalk related improvements required by Caltrans for Garey Avenue work permit, grind and pave ramp approach, traffic loops, submittals and permit applications to Caltrans, etc.) Coordination, submittals, and plan approvals and permitting from California Department of Transportation (Caltrans) (permit and review fees paid directly by CITY) Coordination, submittals, and plan approvals and permitting from Los Angeles County Flood Control District and Los Angeles County Department of Public Works (LACFCD & LACDPW) (permit and review fees paid directly by CITY)
Coordination, submittals, and plan approvals and permitting from LA County Sanitation District (permit and review fees paid directly by CITY)
Coordination, submittals, and plan approvals and permitting from CITY Water & Sewer (permit and review fees paid directly by CITY)
Coordination, submittals, and plan approvals and permitting from Southern California Edison (permit and review fees paid directly by CITY)
Coordination, submittals, and plan approvals and permitting from Gas Company(permit and review fees paid directly by CITY)
Coordination, submittals, and plan approvals and permitting from the Southern California Regional Rail Authority (permit and review fees paid directly by CITY) (SCRRA) Coordination, submittals, and plan approvals and permitting from Kinder-Morgan (permit and review fees paid directly by CITY)
Coordination, submittals, and plan approvals and permitting from the Los Angeles County Metropolitan Transportation Authority (permit and review fees paid directly by CITY) (LACMTA) Coordination, submittals, and plan approvals and permitting from Amtrak (permit and review fees paid directly by CITY)
Coordination, submittals, and plan approvals and permitting from Burlington Northern Sante Fe Railway (permit and review fees paid directly by CITY)
Coordination, submittals, and plan approvals and permitting from OmniTrans (permit and review fees paid directly by CITY)
Coordination and cooperation with CITY’s other CONSULTANTS and CONTRACTORS DRAFT
RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 working on Garey Avenue, Improvements and/or various developments and/or various utility improvements for a continuous and seamless coordination between the projects. Rehabilitate/re-pave the street
Traffic Signal upgrades (Rewire / Gear upgrades / Conduits / & related work) at:
1. McKinley Avenue
2. Orange Grove Avenue
3. Holt Avenue
Traffic Signal Modifications (Removal of existing and replacement with new: Full pole, mast arms, foundations, signal heads / cabinet upgrades, service pedestals, electrical service connections, telemetry, Traffic Signal Synchronization re-connections and re setting for operability, BBS, wiring, conduits, etc.)
1. Willow Street
2. Artesia Street
3. McKinley Avenue
4. Jefferson Avenue
5. Monterey Avenue
And all related work
H. The exact limits of the project to be constructed shall be dependent upon funding available. The As-Needed Construction Management (CM) Services shall be performed by the CONSULTANT or by CITY in-house staff depending on CITY staff availability, at the sole discretion of the CITY.
I. The CONSULTANT shall secure, accurately account, report, and prepare all documents and submittals needed by the City to obtain reimbursement of : Clean California Grant funds, SCW funds, Coronavirus State and Local Fiscal Recovery American Rescue Plan (ARP, American Recovery Program Act, also known as CLFRF), Transformative Climate Communities (TCC) funds, and Metro funds. The CONSULTANT shall cooperate as-required by the CITY to make the portions of the project necessary and remaining (after federal funds are determined to be available) utilize federal funds, and other funds with specific work accounted for each fund type separately.
As a result, the CITY may require the CONSULTANT to negotiate further to either cancel this CONTRACT to allow the CITY to issue a new RFP for a federally funded project or reach an amended agreement with the CONSULTANT to secure National Environmental Policy Act (NEPA) clearance through Caltrans and prepare the Plans, Specifications & Estimates (PS&E) package, Requests for Authorization of Design & Construction (obligation of federal funds: E-76 approval for design and construction), and provided As-Needed CM services in compliance with federal requirements. Consultant shall also secure CEQA approval through City.
J. The CONSULTANT shall, on a task authorized basis, prepare project reports to other funding agencies, complete funding reimbursement application(s), and prepare and provide supporting back-up documents, in order to submit for and obtain reimbursements for the City from other agencies for the above various funding sources.
K. The CONSULTANT shall provide design, project management, funding application & reimbursement package submittals, construction management, contract administration, construction engineering, inspection, and post construction services.
L. The CONSULTANT shall provide comprehensive Studies (Traffic, Turning Movements, Parking, Drainage, and Lighting), Design, PS&E, and Optional As-Needed Construction Management Services (Construction Manager, Construction Engineer, and Inspection) for the development of exhibit sketch sheets (required), plans, specifications, bidding and construction documents, engineer’s estimates; administration of bidding of contract documents; preparation of award recommendations and CITY Council award reports; Metro grant application(s) construction contract DRAFT
RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 preparation; administration of pre-construction meeting; construction management, contract administration, construction engineering, inspection, post construction services, and project close- out for the proposed improvements as outlined here. All Services provided by CONSULTANT shall be performed in accordance with normal standards of professional care.
M. The CONSULTANT shall stage the order of work in such a manner as to provide the following minimum deliverables: The CONSULTANT shall provide comprehensive design services for the development of studies, plans, specifications, engineer’s estimates, and contract documents for the proposed improvements as outlined in this CONTRACT. The CONSULTANT shall be required to provide qualified staff in the areas of various traffic, street improvements, and landscaping methodologies. Services shall also include coordination of project particulars with all agencies, utility companies, and jurisdictions/property owners that may be affected by the project or whose facilities are located within and adjacent to the shared right-of-way or easements of the project.
CONSULTANT services shall also include bidding, award, and pre-construction support services.
The CONSULTANT shall be responsible for securing all approvals and permits necessary to provide for construction of the project to the satisfaction of the City of Pomona. For all issues/problems/concerns that may arise during the course of the project, the CONSULTANT shall provide prioritized recommended solutions for consideration and acceptance by the CITY.
N. The CONSULTANT shall provide Design Engineering and As-Needed Project Management, Construction Management, Contract Administration, Construction Engineering, Agronomy testing and specifications & plans, Inspection Testing and Materials Quality Assurance Services to act as- if they are CITY’s own staff. Work shall involve relevant identified tasks for this project and consist of the specific scope of services identified here.
O. Project may vary in scope and magnitude. The fee shall be negotiated with the CONSULTANT and shall include all necessary resources including labor, equipment, material, and transportation required to provide the services required.
P. CONSULTANT Services shall also include coordination of project particulars with all Agencies and utility companies, as well as all CITY approvals that may be affected by the project or their facilities are located within the shared right-of-way of the project. CONSULTANT services shall also include bidding, award, and pre-construction services. The CONSULTANT shall be responsible for securing all approvals and permits necessary to provide for construction of the project to the satisfaction of the CITY. For all issues, problems, and/or concerns that may arise during the course of the project the CONSULTANT shall provide prioritized recommended solutions for consideration and acceptance by the CITY.
Q. The project shall be designed in accordance with the State’s Model Water Efficiency Landscape Ordinance (Attachment No. VII) as well as the CITY’s Ordinance No. 4122, Water Conservation and Water Supply Shortage Program and Regulations (Attachment No. VIII). It is the CITY’s intent that the project’s median landscape design concept to be similar to Corridors Specific Plan (CSP) adopted in March 2014.
R. The CONSULTANT shall provide one State of California Registered Civil Engineer assigned overall responsibility (as Engineer of Record) from beginning to end of the projects, and this individual shall be the CONSULTANTs designated point of contact throughout the design and construction with responsibility for providing comprehensive consulting services, studies, design, PS&E, construction manager, construction engineer, and inspection project and program management, and providing the CITY with prioritized recommended solutions for consideration and acceptance to all issues, problems, and/or concerns that arise during the course of the project. The CONSULTANT is required to include all the above and below mentioned services in the scope of services and fee proposals.
S. The CONSULTANT shall provide comprehensive as-needed project management, design, pre- DRAFT
RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 construction, construction management services for preparation of PS&E, administration of bidding of contract documents; preparation of award recommendations and CITY Council award report; construction contract preparation; administration of pre-construction meeting; construction management, contract administration, construction engineering, inspection, materials quality assurance services testing, post construction services, and project close-out for the proposed improvements as outlined in this agreement. The CONSULTANT shall be responsible for as- needed services and shall have their assigned Project Manager (PM) oversee all Design, PS&E, Bidding, Award, Construction, Inspection, and Testing services.
T. The CONSULTANT shall provide one PM/CM assigned overall responsibility from beginning to end of the project, and this individual will be the CONSULTANT s designated point of contact throughout the construction with responsibility for providing comprehensive consulting services, project management, and providing the CITY with prioritized recommended solutions for consideration and acceptance to all issues, problems, and/or concerns that arise during the course of the projects.
U. The CONSULTANT shall behave in good faith, as part of CITY team.
V. Consultant shall identify all necessary tasks and components for implementation of the projects intent. The Consultant shall provide complete research, design, and design management services for all aspects of the project through completion of design and construction. This includes but is not limited to utilities and agencies/entities/environmental coordination/approval and permitting, approval of the plans, specifications, and engineer’s estimate, and authorization from the CITY to solicit construction bids, as well as bidding support, and award/pre-construction support.
W. The Consultant shall review the project description, shall be competent and familiar with CITY policies, standards, design criteria, regional, state, and federal conditions of approval, and utility providers requirements necessary to incorporate into the plans, specifications, and estimates necessary to construct the projects and for conformance with any act, code, permit, or ordinance applicable to the design of the project to the satisfaction of the CITY. The Scope of Work shall include preparing any report, which may be required by the CITY, and, in general, perform any service deemed necessary by the CITY for complete processing, approval, bidding, award, and construction of the project.
X. Time of Project Completion:
The CONSULTANT shall commit sufficient qualified staff to meet the schedule. Consultant agrees time is of the essence due to American Rescue Plan (ARP/ARPA) and other grant funding. The CONSULTANT SHALL adhere to the milestone/task dates, identified below, to maintain the overall project schedule; however, an updated ARPA and Clean California project schedule may be provided by the Consultant once the final project associated with the Clean CA grant is determined.
The following are primary schedules for this project; and, these schedules shall be adjusted for equal working days based on the actual Notice to Proceed date.
Task for GAREY AVENUE REHABILITATION PROJECT Date
Award of contract to CONSULTANT September 28, 2023
Conditional Notice to Proceed October 12, 2023
Completion of Studies and Concept Plans March 16, 2024
Completion of 30% PS&E March 16, 2024
Completion of 60% PS&E and Submittal of Applications/Permits May 30, 2024 Completion of 90% PS&E and Approvals/Permits July 25, 2024 Completion of 100% PS&E and Approvals/Permits August 8, 2024 Completion of Final PS&E and Approvals/Permits^^^ August 15, 2024 Bidding Support August 27, 2024
Award of Construction Contract October 10, 2024
DRAFT
RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 Pre-construction Meeting October 24, 2024
All work and invoicing complete June 2, 2025
Y. Key Personnel
Consultant agrees that Key personnel providing the consulting services shall have the background, experience, and qualifications to complete the project. The CITY reserves the right to approve all key personnel individually for work on this contract. All key staff shall be named. After this contract is signed, the CONSULTANT shall not replace key staff unless their employment is terminated or agreed upon by the CITY. The CITY must approve replacement staff in writing before a substitute person is assigned to the Project. The CITY reserves the right to request that the CONSULTANT replace a staff person assigned to the contract, should the CITY consider such a replacement to be for the good of the Project.
Z. Meetings, Schedule Updates, and Progress Reports
The CONSULTANT shall propose and coordinate all meetings as may be necessary to complete the scope of work of the project to the satisfaction of the CITY, including the review meetings outlined in this agreement. The CONSULTANT’s performance schedule shall incorporate the review meetings with CITY staff and others and shall address all design, administrative and management elements necessary to complete the work within the required timeframe.
The CONSULTANT shall provide a draft agenda and schedule update to the CITY Project Manager for each identified meeting a minimum of 3 working days prior to the proposed meetings. The CONSULTANT shall prepare meeting agendas and progress schedules and shall incorporate the CITY’s and others’ comments and revisions to the satisfaction of the CITY. The CONSULTANT shall prepare meeting minutes for distribution to all attendees within 3 working days of the meeting.
The CONSULTANT shall prepare and submit to the CITY Project Manager a bi-weekly project progress report. CONSULTANT shall also provide support to the CITY Project Manager during preparation of the Program Monthly and Quarterly Reports.
The CONSULTANT shall propose and coordinate all meetings as may be necessary to complete the scope of work of the project to the satisfaction of the CITY, including the review meetings outlined in this RFP. Caltrans meetings shall be held at Caltrans or the CITY (as possible, or virtual if in-person is not possible), all other meetings shall be held at the CITY’s offices unless the CITY directs otherwise in writing or as otherwise stated herein. CONSULTANT shall invite CITY to all Caltrans meetings and include CITY on all Caltrans communications. The CONSULTANT’s performance schedule shall incorporate the review meetings with CITY staff and others and shall address all design, administrative and management elements necessary to complete the work within the required timeframe.
In addition to other meetings required elsewhere in this Scope of Services the Consultant shall also set up and facilitate:
Monthly In-Person Design Meetings
Bi-weekly, and weekly as-needed, Virtual progress meetings Monthly meetings with Caltans
Weekly In-Person Construction meetings
Consultant shall also prepare reports and presentations regarding the project and present them and respond to questions at:
Four City Council Meetings
DRAFT
RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 Two Planning commission meetings
Two Parks and Recreation Committee meetings
Two other Public Meetings (TBD)
The CONSULTANT shall provide a draft agenda and schedule update to the CITY Project Manager for each identified meeting a minimum of 3 working days prior to the proposed meetings. The CONSULTANT shall prepare meeting agendas and progress schedules and shall incorporate the CITY’s and others comments, revisions to the satisfaction of the CITY. The CONSULTANT shall prepare meeting minutes and distribute them to all attendees within 3 working days of the meeting.
The CONSULTANT shall prepare and submit to the CITY Project Manager a weekly project progress report. A sample report format is included in section “Other Services” of this RFP.
CONSULTANT shall also provide Monthly and Quarterly Reports as summaries of prior time periods.
The CONSULTANT shall set up and attend an initial/kickoff meeting with the CITY, at the CITY’s offices, to introduce project team members, formalize project communication, discuss project schedule, review scope of work, and research and collect copies/scan available data, reports, documents, and plans at the CITY and other offices/agencies (Caltrans, Los Angeles County Department of Public Works, Los Angeles County Flood Control District, Los Angeles County Sanitation District, etc.) that are relevant to the Project.
AA. SCOPE ASSUMPTIONS
In addition to the other tasks in this Scope of Services, the selected CONSULTANT shall also provide the following services:
1. Hold monthly meetings thereafter including preparation of meeting agenda distributed at minimum 3 working days prior to the meeting. Meeting minutes are required and should be completed within one (1) week after the meeting.
2. Participation at community meetings and public hearings including preparing rendering and presentation materials, presenting information as necessary, and responding to questions.
3. Provide the required number of meetings to address design issues necessary for the project completion.
4. Prepare and submit bi-weekly written reports to update the CITY of the Project progress and schedule status.
5. Conduct all necessary research to obtain records and documents in order to complete the project.
6. Scheduling, notification, and compilation of information for distribution to the public.
7. Attend CITY Council meeting(s) regarding the environmental documents.
8. Recommendations for pavement rehabilitation will be included as part of this contract and will be constructed with the streetscape improvements.
9. It is assumed that the street improvements will maintain the existing drainage areas and protect the existing drainage systems. Preparation of a Hydrology/Hydraulics analysis and report and design for storm drain system abandonment, relocation or new construction for subsequent phases/part of street improvement work, will be included as part of this contract should the proposed street improvements affect existing surface drainage.
10. It is assumed that design and preparation for street lighting, median and parkway street tree up-lighting and receptacles or pedestrian lighting will be included as part of this work.
DRAFT
RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573
11. Service points for connection to proposed irrigation controllers are to be identified and provided by the utility companies. The utility companies will provide design and extension of electrical facilities to service points if required.
12. NPDES permit requirements and storm water pollution prevention plan (SWPPP) will be included as a requirement of the contractor in the construction contract in the project Special Provisions.
13. Traffic signal equipment and communication systems will remain intact and functional and are to be protected in place.
14. Safe Clean Water (SCW) funds are likewise expected to be used for all phases of the SCW studies, analysis, concepts, design, construction, CM, inspection, etc. Garey Avenue project designs will be locally funded. CM/Inspection services, and documents (PS&E) prepared for permitting/approvals/construction shall incorporate requirements and consultant controls to be in compliance with Federal regulations that may be imposed.
15. The CONSULTANT’s Scope of Services shall also provide all General Services, Design Services, Pre-Construction Services, Construction Services, Post-Construction Services, and Other Services, as well as professional design work, project management, and as- needed construction management, as-needed construction engineering, and as-needed inspection for: Protection of existing utilities to remain in-place, especially sanitary sewers running through the medians along Garey Avenue, as well as gas lines and communication lines in the medians and in parkways along Garey Avenue, and several SCE conduits and vaults.
II. DESIGN SERVICES
A. The CONSULTANT shall prepare the bid package in the additive alternate format to maximize use of available budget for construction.
B. Consultant shall provide storm water, safe clean water, Clean Water Act, NPDES, MS4, SCAQMD, SMARTS, State of California Licensed Civil Engineer, and QSD certified, to provide written letter recommendations and opinions regarding how the City may accomplish the Garey Avenue project while minimizing cost impacts of needed storm water quantity and quality improvements.
Consultant will provide recommendations that comply with the latest MS4 NPDES Permit issued to LA County and 85 cities (including Pomona) within LA County. All costs for this work shall be accounted for separately.
C. Consultant shall consider and include all sections of this Scope of Services: General Services, Design Services, Pre-Construction Services, Construction Services, Post-Construction Services, and Other Services intended work and Scope of Services requirements stated elsewhere in this Scope of Services as though they are repeated in full in each section with respect to the intended Consultant work, goals, and services to be provided as well as resulting separate intended Construction work to be performed – so that it is understood and agreed that all the intended work (Consultant and resulting Construction Contractor/s) and Scope of Services sections shall be provided and managed by the Consultant in a complete, comprehensive, and coordinated manner (for example: all intended Construction project work and goals described in the General Services section as well as in the Design Services and PS&E sections is the same Construction work and goals that shall be administered/managed/and performed according to the Scope of Services described under the Pre-Construction, Construction Services, as well as the Post Construction, etc. sections of this Scope of Services.
D. The CONSULTANT shall draft letters to be mailed out by the CONSULTANT prior to each DRAFT
RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 communication meeting and prior to start of construction, in consultation with the CITY, informing all property owners along the project of the work that shall be conducted upon or adjacent to their property. This letter shall include an 8-1/2”x11” map at a scale of 1”=10’ of the approximate location of the improvements to be constructed on and adjacent to private property and various other topographic features including, but not limited to, buildings, driveways, trees and other structures.
E. Design work shall include the necessary research, review, study, analysis, and reporting of the existing records and logs, the CITY’s recommendations, conducting a field survey and review other pertinent information as it relates to the enhancement of the planned work area. CONSULTANT shall review all existing information made available to CONSULTANT by the CITY and all other agencies.
F. CONSULTANT shall review all existing information made available to CONSULTANT by the CITY and all other agencies. The CONSULTANT shall obtain all necessary approvals and permits from the City of Pomona, CalTrans, and all other regulatory and other interested agencies that shall be involved for the design construction and operation of the improvements. The cost for permits shall be paid by the CITY and CONSULTANT is exempt of any fees for permits.
G. Consultant shall provide geotechnical work needed to support the design for Garey Avenue, and the SCW design that is included in this Scope of Services. CONSULTANT shall provide potholing work to support the design.
H. Estimates by the CONSULTANT shall evaluate, identify and list all work items by CONSULTANT and ALL others (CITY, Consultants, Agencies, Contractors, etc.) with associated costs for everything needed for competition of the projects from the beginning of design to final design and final construction acceptance project.
I. The CONSULTANT shall have on staff and provide State of California registered Civil Engineers, Traffic Engineers, Electrical Engineers, and AICPA registered Landscape Architects experienced and qualified to prepare engineering plans, landscape plans, specifications, and estimates for the required design work. These same professionals shall sign, seal, and date all PS&E and related memorandums, letters and reports prepared under their supervision associated for this(these) project(s), and be available and involved with the bidding and construction of this project (for design, oversight, Construction Engineering, RFI’s (Requests for Information), RFC’s (Requests for Clarifications or Changes/Change Orders, etc.). Street Lighting plans shall be prepared, signed, and stamped by a California registered Electrical Engineer and Civil Engineer.
J. The project cost estimate (opinion of probable construction and all other project costs that need to be paid for by the CITY for the whole/total/complete/entire project) shall be prepared on a computer spread sheet in a format acceptable to the CITY and suitable for bid evaluation by CITY Staff/Contract Program Manager. The CONSULTANT shall provide both hard copy and an electronic form (Microsoft Excel - latest version) of the spreadsheet and shall submit a copy of the cost estimate source and a detail, evaluation of the costs.
K. DATA COLLECTION, UTILITES, SURVEY, & STUDIES
1. Records & Requirements Search
The CONSULTANT shall perform record and data search consisting of pulling CITY information from CITY files, scanning/saving digital and hard copies, and immediately returning/re-filing same, acquiring existing available survey information (assessor maps, County Recorder’s office property descriptions, tract maps, parcel maps, records of survey, etc.), traffic data and collision history, traffic study, parking study, and utility information. In addition, the CONSULTANT shall document contact and coordinate with all other public and private agencies/entities/jurisdictions involved to inform them about the project and obtain their records, approval, and permit requirements.
CONSULTANT shall also investigate and report on the feasibility of using recycled water for the DRAFT
RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 project and traffic data and collision history. CONSULTANT shall conduct a utility search, with the accuracy of quality being dependent on the accuracy of the existing records and other information provided to CONSULTANT.
CONSULTANT shall perform hydraulic and hydrology analyses and studies and provide corresponding reports, plans, designs, and details for drainage improvements along Garey Avenue from Aliso Street to Monterey Avenue. Tributary areas and outlets shall be included in the analysis and prepare and provide a drainage report.
CONSULTANT shall collect traffic counts, perform traffic analysis studies and provide corresponding reports, plans, designs, and details for traffic improvements along Garey Avenue from Aliso Street to Monterey Avenue. Surrounding traffic networks shall also be included in the analysis and provide a report for recommended improvements.
CONSULTANT shall also subsequently perform and provide drainage improvement design with plans, profiles, specifications and details to the CITY Engineer’s satisfaction to alleviate the existing drainage problems along Garey Avenue from Aliso Street to Monterey Avenue and to collect and infiltrate storm water by designing for positive drainage and installing catch basins infiltrate lines and connection pipes to existing storm drain lines along or crossing Garey Avenue, per CONSULTANTS’s hydraulic analysis and drainage report.
UTILITIES & SUBSTRUCTURE COORDINATION & DESIGN
CONSULTANT shall identify and plot all utility facilities within the project area and coordinate with all utility companies affected by the project. All utility relocation, adjustments to grade shall be processed and permitted with all agencies and utility companies, street light locations, and encroachment permits, are required to be coordinated and designed as part of this item of work.
The CONSULTANT shall coordinate and notify the CITY of any costs to be paid by the CITY for utility relocations for completion of the 30% design process. The CONSULTANT shall track the progress/schedule of the utility company responses and relocation plan preparation in order to have the utility facility relocated prior to construction and ensure final approved utility relocation plans are documented in the CITY construction plans and the number of working days required by the Utility to construct their facilities clearly identified in the Special Provisions. Consultant shall provide initial, interim design, and pre-construction written notifications to utility companies regarding the proposed work, and shall track and report the City updates bi-monthly.
Provide application and processing services to obtain CITY meter addresses for all new utility services. Coordinate relocated utility services with utility company. Ensure meter relocation work is identified and specified in the contract documents.
Prepare a utility exhibit with information notes existing alignment and substructure conflicts. Plot utility information on plans and verify no design conflicts still exist. Redesign proposed facilities to avoid substructure conflicts. Provide correspondence tracking matrix and copies of all utility correspondence to the CITY’s PM.
Utility Information Request - CONSULTANT shall request utility companies provide location, size, type of pipe and type of facilities within the project limits with commencement of design. This notice is forwarded concurrently with commencement of design.
DRAFT
RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573
2. Utility Preliminary Design & Technical Memos
CONSULTANT shall research the project, collect data, and perform field reconnaissance, as required to define project/design requirements and understand its constraints. Include any research required to gain an overall understanding of the City of Pomona, Caltrans, Water and Sewer, and the CITY and Los Angeles County storm drain infrastructure.
Consultant shall provide preliminary layout of the proposed water/sewer/storm drain/ all utilities recycled water showing basic components such as gate valves and appurtenances, impressed current nodes, etc.
The proposed alignment has many other utilities. Some of the utilities may use impressed currents to protect their pipelines from corrosion. Technical Memorandum shall cover CONSULTANT’s plan to protect the proposed water/sewer/storm from stray current from existing impressed current system in the area.
Consultant shall provide Technical Memorandums to address issues/comments upon City and other utility reviews.
3. Prepare to Relocate Notice/Final Utility Notice Form - CONSULTANT shall prepare and transmit Caltrans approved format notice and preliminary plans to all utility agencies to confirm that their facilities have been shown correctly on the plans and return redlined corrections, if necessary.
If substructure relocations/adjustments are needed, coordinate/determine the magnitude of the relocation, schedules and further coordination requirements. Request utility provides their prior rights documentation if the CITY is requested to pay for relocation costs.
4. Notice to Relocate - CONSULTANT shall prepare and transmit three (3) separated different Caltrans approved format notices to relocate letters to each utility and send plans to utility agencies that are required to adjust or relocate their facilities due to project construction at 30%, 60%, and 100%.
The CONSULTANT shall provide the utility company name, utility construction inspector’s name and phone number for inclusion in the construction specifications and on cover sheet or first utility sheet of plan. See Potholing section for utilities requiring positive identification.
5. ROW Certification - CONSULTANT shall provide the CITY with all necessary Caltrans format documents and transmit them to other agencies, utilities, and property owners, including, but not limited to: “Notice to Owners,” Project Engineer’s Utility Certification form, Utility Matrix showing each facility’s Conflict, Protect in Place, Relocate and/or Abandon in Place, Utility notifications and responses.
6. Pot Holing – CONSULTANT shall for completion of 60% design pothole existing and proposed utilities crossings, underground structures and proposed traffic signal foundations or other facilities that could pose a conflict with the proposed project. Prepare an exhibit of all planned potholes for CITY review prior to scheduling work. Design project improvements to avoid underground obstructions and/or coordinate with utilities for obstruction relocation. Preparing PS&E documents ready to bid and construct the intended work that avoids conflicts with record DRAFT
RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 substructures is included in the CONSULTANT fees. A no fee encroachment permit and traffic control plans signed, dated, and sealed by a Registered State of California registered Traffic Engineer are required for potholing within existing right-of-way shall be included in this task. CITY encroachment permit conditions include potholes in AC pavement to be slurry backfilled, location fog sealed, and traffic striping restored. Fog sealing is not necessary if future improvements will reconstruct the street in that area.
Deliverables:
Prepare a pre-potholing exhibit prior to scheduling work. Provide CITY pothole information, report, and notes showing the location, horizontal and vertical size of excavation. Plot pothole information on plans and verify no design conflicts still exist. Redesign proposed facilities to avoid substructure conflicts.
7. Survey & Related Design - The CONSULTANT shall provide aerial topographic survey to cover the project limits of all three projects and will be supplemented by conventional ground based survey crew and support services work, processing and mapping to provide existing topography tied to shown rights of way and property lines, including all existing ground based features, one foot interval contours, and spot elevations on a 25-ft grid basis for street and adjacent areas in the right of way and 50-ft grid basis outside of right of way on 10-ft intervals. Survey shall also be provided at 25-ft intervals along the gutter flow line. Topo grid at intersections shall be 10-ft intervals for all areas within 200 feet of end of radii, and shall be at 5-ft intervals within 50 feet of all street intersections end of radii and corners, and at 5-ft intervals within 50 feet (inside and outside of right of way) of all driveways.
Horizontal and vertical control shall be consistent with established monuments and existing CITY facilities. It is anticipated that the horizontal datum shall be California State Plane (NAD 83) and the vertical datum be NGVD 29 with a conversion factor to NAVD 88 elevations.
The CONSULTANT shall prepare the construction drawings on 24" x 36" sheets with standard CITY title block, approvals & permits block, using AutoCAD Version 2022 format. The plan and profile sheet(s) shall be prepared at a horizontal scale of 1"= 20' and a vertical scale of 1"=4'. Profile sheets shall at a minimum show existing and proposed continuous elevations at both edges of gutter/pavement and the top of median curbs (eastbound and westbound) with specific corresponding numeric elevations called out at 25-foot intervals. Profile sheets (1”=20’ horizontal and 1”=4’ vertical) shall be prepared and submitted to the CITY. CONSULTANT shall provide as part of the PS&E bid and construction documents the existing cross sections and proposed cross sections at 25 ft and 100 ft intervals respectively and submit to the CITY. The existing centerline elevations and proposed top of median curbs (northbound and southbound) shall be delineated on the plan sheets.
Show adjacent property lines, rights of way, and adjacent street address numbers on survey and all plans and PS&E.
8. Field Inspection for Design - The CONSULTANT shall make field visits to review, measure, inspect, evaluate, and record details of all specific existing conditions to coordinate & perform all related engineering work to design the project, prepare all related bid/construction documents, and show the field review items on the plans.
The CONSULTANT shall write into PS&E for subsequent separate construction Contractor to provide a separate line item cost to profilograph the roadway “before and after” and include a level course pavement as part of the pavement rehabilitation work. CONSULTANT shall perform and provide to CITY results of field inspection (to be conducted the same day as the kick-off meeting) for traffic related design.
DRAFT
RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573
9. Draft Concept Plans of Alternatives and Recommended Improvements Based on discussions with the CITY, CONSULTANT shall create base sheets of Garey Avenue from Alison Street to Monterey Avenue. The base shall consist of dimensioned layout of the roadway segment along with the right-of-way, driveways, cross streets, and existing median widths, median lengths, median openings, turn pocket lengths & tapers (if any). The base shall be used for the conceptual plans of the alternatives. CONSULTANT shall use GIS based layers or aerial to determine the orientation of the roadway segment along the center line. Based on the field measurements (as explained in task 1), CONSULTANT shall prepare a layout of the roadway segment. The base sheets shall be submitted on 24”x36” sized sheets with a scale of 1”=40’ for plan view and 1”=4’ for profiles.
After the draft alternatives are finalized in the Design Sturdy Report, CONSULTANT shall prepare the conceptual plans of the improvements listed in the final alternative analysis matrix. The plans shall consist of narrative text which would describe any recommended operational changes, conceptual dimensioned plans on 24”x36” size sheets with a scale of 1”=40’, and draft estimates of the probable cost of construction of the mitigation measures. The conceptual plans, reports consisting of operational recommendations and cost estimates and a Power Point presentation for the CITY Council and Community meetings shall be submitted by CONSULTANT to the CITY for its review. CONSULTANT shall meet with the CITY to review conceptual plans and recommendations. Based on the CITY’s comments, CONSULTANT shall finalize the Conceptual Plans and the report.
Deliverables:
a) Draft Base Sheets of Garey Avenue from Aliso Street to Monterey Avenue b) Final Base Sheets of Garey Avenue from Aliso Street to Monterey Avenue c) Draft Conceptual Plans of Alternative Analysis & Recommended Improvements d) Final Conceptual Plans of Alternative Analysis & Recommended Improvements
10. Final Report - CONSULTANT shall prepare the final design report which would summarize the Existing Conditions Analysis, Level of Service Analysis, Alternative Analysis Matrix, decision process, Finalized Alternatives for the Garey Avenue project. The report shall also include the recommended operational improvements, cost estimates of construction and finalized conceptual plans of the alternative. The draft report shall be submitted to the CITY for review. CONSULTANT shall finalize the report after CITY’s comments.
Deliverable: a) Draft Report – Final Design Report
b) Final Report – Final Design Report
L. COMMUNITY OUTREACH/PUBLIC RELATION MEETINGS
Community Outreach
The CONSULTANT shall implement a community outreach program. The program is to encourage community awareness, understanding, and support for the Corridor improvements. The CONSULTANT shall develop a bilingual, English and Spanish, written and verbal outreach program. The Community Outreach Program will generally consist of the following:
General Public Meetings
Design and Construction Workshops
DRAFT
RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 “Corridor Name Specific Information Hotline and Desk” Social Media/Promotional Support Program
1. General Public Meetings
During the project development and construction document phase, a series of public meetings is recommended. The purpose of these meetings is to provide the public with a “status report" of the project and periodic updates in terms of the project scope, schedule, impacts and coordination.
These forums are critical to allow the community an opportunity to stay apprised of the CITY's activities in their neighborhoods and to receive public comment in relation to issues or concerns.
For each meeting, the CONSULTANT will prepare the meeting agenda, hand-outs, renderings, and visual aids.
A minimum of three (3) public meetings is needed.
2. Design and Construction Workshops
Design and Construction Workshops are recommended to engage the community during the design, environmental clearance and the construction period. These sessions would be similar to the General Public Meetings, except that they would be more specific in nature and would be targeted for the residents and businesses immediately affected by the project along the corridor.
For each meeting, the CONSULTANT will prepare the meeting agenda, hand-outs, renderings, and visual aids.
Depending upon the length of construction, Design and Construction Workshops are recommended on a monthly basis.
3. Garey Avenue Corridor Information Hotline and Desk OR Equivelant Website
Over the course of the entire project, the CONSULTANT shall establish a “Garey Avenue Corridor Hotline” to receive community questions, comments and complaints about the Garey Avenue Corridor project. This 800-number would be a recording system from which messages would be retrieved on a daily basis and calls returned within a 24-hour period, except for weekends. In addition, a “Garey Avenue Corridor Information Desk" can be established at one of the counters at CITY Hall. Garey Avenue signage would identify the desk and promotional material would be made available surrounding the project.
The Hotline and Desk service will be available throughout the entire project duration. Consultant may substitute Hotline and Desk with a project website that is managed by Consultant and able to accept comments from the public.
4. Social Media/Promotional Support Program
In coordination with the final design of the corridor, the CONSULTANT will develop promotional materials consistent with the image of the project. Promotional materials would expand the awareness, support and enthusiasm for the Garey Avenue Corridor improvements before, during and after construction.
Promotional materials may include:
• Flyer/Fact Sheets
DRAFT
RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 • Corridor Renderings
• Website
• Mini-brochure
• Twitter
• Nextdoor
• Advance information postings
• Other Social Media Platform
• Monitoring and recommended responses
The CONSULTANT will confer with the City of Pomona staff to determine appropriate promotional material to support the program and can be implemented on an as needed basis
M. RIGHT OF WAY PLANS
Consultant shall prepare and provide plat maps, legal descriptions, final record maps and other necessary documents for the identification of existing and proposed rights-of way, and Temporary Construction Easements (TCE’s) based on identified Right-of-Way needs for the project. Plat maps and legal descriptions shall identify portions of property takes by square footage. A typical one-foot (1’) wide TCE will be acquired in addition to the right-of-way acquisition. TCE’s Right-of-Way acquisitions may result in direct impacts to existing private on-site improvements, i.e. commercial signs, fire services and joining elevations at driveways and walkways. In these cases where the one (1) foot TCE is not adequate to relocate or reconstruct these private facilities and improvements, plat maps, design, other necessary documents for the supplemental TCE’s for reconstruction and/relocation will be required to be provided in addition to the right-of-way and the one-foot (1’) wide TCE.
The preliminary Right-of-Way Phase estimate consists of the acquisition of 12 partial takes, totaling approximately 15,000 square feet (0.34 acres) of right-of-way. The CONSULTANT shall verify the requirements after the precise alignment is approved.
The right-of-way task shall be completed on or before the end of October 2024 (acquisition is anticipated to be completed by end of January 2025). Should negotiation of any property not settle by acquisition agreement, the CONSULTANT will be required to provide certain exhibits. This includes, but is not limited to, right of way maps, sketches, power point presentations, and CDs for legal counsel purposes. In addition, the CONSULTANT will produce and provide three (3) copies of three (3) ring binders that contain the following information:
1. Right-of-Way legal description(s) and plat(s) for each property/parcel requiring acquisition (12 each) and identified by an acquisition right-of-way number provided by Real Property/Design Division.
2. TCE legal descriptions and plat(s) for 12 each property/parcel requiring the need for the purposes of removal, demolition and construction of improvements and identified by an acquisition right-of-way number provided by Real Property/Design Division.
3. A copy of reduced size set of improvement plans identifying each parcel requiring acquisition of property(s).
4. Copies of 12 Title Reports, provided by Consultant, for each property/parcel requiring DRAFT
RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 acquisition, shall be included in each binder.
a. The right-of-way task shall be completed as to the date set forth by the City of Pomona, in conjunction with the scheduled construction start date for this project, and may not in any way impact said construction schedule.
b. Should property negotiations not be settled and completed by acquisition agreements, the CONSULTANT may be required to provide additional exhibits, including but not limited to:
Right-of-Way maps, Aerial(s), deeds, sketches, power point presentation(s) of property(s) or CD’s for legal counsel’s purposes.
Temporary Construction Easements (TCEs) shall be obtained by the Consultant (not by City), and Consultant’s team shall include a qualified Right of Way Acquisition Agent to perform all TCE work.
N. PAVEMENT AND SOILS MATERIALS STUDY
1. The CONSULTANT shall perform a pavement evaluation and soils testing for the project area including deflection testing based on Caltrans’ Method to evaluate existing pavement conditions.
The final report should provide proposed recommendations for the entire street with special attention given to the widened segments of the street. In addition, percentage of water soluble SO3 and agronomy/soil fertility testing are to be conducted for the purpose of compatibility with concrete design and with planting materials to ensure the survival and thriving of all proposed landscaping.
CONSULTANT shall use this information in designing the concrete mix and providing recommendations for planting soil amendment.
2. The CONSULTANT shall use and be responsible for a geotechnical investigation and prepare reports for design and construction testing. The scope of services shall include:
a. Project Set-up: Establish possible boring locations along street alignments, and with at least one boring per individual street section at least one coring and one boring with logs on each side of each street and one in center for each street, between adjacent intersecting streets.
b. Subsurface Exploration: Recommend, coordinate, layout, and conduct borings for median areas approximately 6± feet below the ground surface including contacting Underground Service Alert (USA) to locate and mark all utilities in the drilling area. Provide a detailed record/log (with drawing) of the existing pavement section surface course, base, sub-base and all other layers (measured to a tolerance of the nearest quarter inch), and ground water level - the samples shall be collected at regular depth intervals for visual classification and laboratory tests. Notes of any existing paving fabric, macadam or similar items in the pavement shall be specially noted in the logs. The borings shall be backfilled with soil cuttings and top surface patched in-kind with existing paving material. It should be noted that the existing street section may include a substantial amount of concrete pavement layer.
c. Consultant shall perform substantial research, documentation, of City, County, and State roadway record/as-built plans, review all geotechnical information, photo document and other records, and provide resulting detailed related information in the PSE along with identification of locations and depths of anticipated thicknesses of various existing pavement lifts/layers as well as types and thicknesses of existing pavement sections, especially underlying PCC, and underlying base aggregate layers.
d. Consultant shall define in detail in/on the PS&E complete plans, details, and specifications for DRAFT
RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 removal of pavement sections, other existing features, and underlying soils, relocations of various existing structures, as well as various needed back fill materials and amendments to properly allow for all median and other landscape and hardscape improvements though-out the projects to properly support maximize the design life of all improvements.
e. Laboratory Testing: Soil samples shall be tested and evaluated for their engineering properties including moisture content and density of in-situ soil samples, R-value, sieve analysis/particle size analysis, modified proctor, expansion index, maximum density, sand equivalent, Ph, chloride, sulfate and electrical resistively, direct shear and consolidation.
f. Engineering Analysis and Report: Report shall contain project approach, field investigation, laboratory tests and results, analysis of field and lab data and recommendations for construction. The pavement section recommendations shall consider 20, 10, and 5 year life cycles. Recommendations for construction with cost effectiveness comparison, full estimates of all costs for all alternative pavement sections, and other alternatives, shall be made with respect to:
Five and one-half (5.5) inch grind, and spot repairs, and repave with leveling course, ARAMI (Asphalt Rubber Aggregate Membrane Interlayer), base bituminous asphalt, and ARHM surface/wearing course
Removal of entire pavement section and pave back with full depth pavement structural section
Primary Alternative & Additive Alternate section to work with existing underlying PCC pavement to remain in-place – Except for landscaped median and similar areas Secondary Alternative & Additive Alternate section to remove existing underlying PCC pavement and replace with bituminous asphalt section similar to section 1. above and with additional base asphalt and base aggregate lifts
Other methods to be addressed considering heavy trucks using Garey Avenue as well as the intersections, and turning movements after medians are constructed.
All construction testing and reports recommended in both the CITY standard specifications and the Green Book shall be provided.
O. TRAFFIC STUDY
1. The CONSULTANT shall prepare a traffic study for the project area based on the CITY’s traffic study guidelines and shall include similar scopes of service as shown in Attachment D, “Traffic Study”. The project area limits shall be defined as Garey Avenue from Arrow Highway to Mission Boulevard and adjacent traffic networks that may contribute to Garey Avenue traffic, i.e., high volume trip generators such as adjacent business plazas, Pomona Valley Hospital Medical Center, I-10 On/Off Ramps). See Attachment E, “Traffic Study and Turning Movements Analysis Limits Map” for traffic study project area. Consultant shall obtain CITY approval for traffic study area before commencing.
2. The traffic study shall include reroute analysis due to turn restrictions, turning maneuver analysis, including U-Turns, at each intersection, along vehicle paths with heavy vehicle traffic, turning maneuvers that do not have adequate turning radii, and all impacted access points. See Attachment F, “Turning Movement Analysis”, as reference/sample. The Pomona Valley Hospital Medical Center (PVHMC) is one of the main regional trauma centers in the eastern Los Angeles and western San Bernardino counties. The traffic study shall evaluate access and circulation around the PVHMC and provide design recommendations based on the findings. The DRAFT
RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 recommendations shall be incorporated into the final PS&E design package.
3. The Consultant shall collect two 24-hour weekday periods and one 24-hour weekend period at all intersections, and two 24-hour weekday and one 24-hour weekend period at the identified driveway accesses along Geary Avenue. All traffic count locations, time of day and dates, shall be approved by the CITY before commencing.
4. The final report shall analyze both existing and future build (2040) conditions. Existing conditions shall evaluate traffic volumes, crash history, access spacing and alignment. Future build conditions shall evaluate traffic volumes with and without the raised median and include any safety impacts.
5. Once completed, the initial study will be submitted to the CITY for review and comment. The CONSULTANT will revise the initial study based on any substantive comments made by CITY staff.
The CONSULTANT will also be responsible for distributing the proposed traffic recommendations to all responsible agencies and interested organizations and individuals identified by the CITY.
P. ENVIRONMENTAL STUDY (INITIAL STUDY/MITIGATED NEGATIVE DECLARATION) Consultant shall follow the State of California Department of Transportation (Caltrans) procedures/guidelines and requirements, Federal Department of Transportation procedures/guidelines and requirements (FDOT), and Caltrans Local Assistance Procedures Manual (LAPM) procedures/guidelines and requirements, in addition to the City of Pomona policies and procedures for CEQA(not FDOT) and NEPA.
The CONSULTANT shall develop a work program to ensure that the environmental review process is carried out in accordance with the California Environmental Quality Act (CEQA & NEPA) and the City of Pomona adopted CEQA & NEPA procedures. The major objectives envisioned by Environmental Perspectives to complete the work identified in this proposal include:
1. The provision of competent, effective project management;
2. Preparation of the environmental documentation (i.e., Initial Study/Mitigated Negative Declaration);
3. Processing of the environmental documentation and public participation; and
4. Preparation of the final environmental document and Mitigation Monitoring Program.
These several objectives will be achieved through the completion of several work tasks. Each of these work tasks has been identified and described below.
1. Coordination
The Environmental CONSULTANT shall be responsible for managing and coordinating all of the work to be undertaken to prepare the Initial Study/Mitigated Negative Declaration. Project coordination will be an integral part of the planning process. As such, CONSULTANT proposes to have a Project Initiation Meeting as the first step in that process, followed by a minimum of two (2) subsequent meetings to coordinate the preparation of the Draft Environmental Clearance Document. The purpose of these meetings is to ensure that the work described herein is proceeding in a satisfactory manner and to provide the CITY with a clear indication of the progress made on the Initial Study/Mitigated Negative Declaration.
The initial meeting will be held at the first available time after the CITY has authorized work to begin on the project. Participants in the meeting will include representatives of the City of Pomona, DRAFT
RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 members of the CONSULTANT design team, and Environmental CONSULTANT. Topics of discussion will include project start-up, responsibilities, and the project schedule. At the conclusion of this meeting, the date for the second meeting will be determined. The final of the three meetings should be conducted just prior to the completion of the Draft Initial Study/Mitigated Negative Declaration. The purpose of this final meeting will be to resolve any outstanding issues and ensure that the schedule is maintained.
In summary, this task will include the following sub-tasks:
Management and supervision of the preparation of the environmental document(s), including technical studies;
Consultation and coordination of the proposed project and environmental document with the City of Pomona to ensure that CITY policy is incorporated into the Initial Study/Mitigated Negative Declaration;
Ensure that the Initial Study/Mitigated Negative Declaration meets the requirements of CEQA, NEPA, CEQA Guidelines, and the City of Pomona CEQA procedures and NEPA procedures; and
Coordination of three (3) meetings as indicated above.
2. Initial Study/Mitigated Negative Declaration
The CONSULTANT shall be responsible for the preparation of the initial study for the proposed Garey Avenue Corridor Improvement Project. In order to achieve the objective of a Mitigated Negative Declaration determination, the initial study must necessarily be extensive and thorough.
Each of the topics identified on the CITY's environmental assessment form will be analyzed to document the nature and extent of any potential environmental consequences and the need for mitigation. Therefore, the level of analysis will exceed that typically provided in an initial study when prepared for a project which will be subject to an EIR. The specific purpose of the analysis will be to identify all potential adverse environmental impacts and incorporate mitigation measures to reduce the potential adverse consequences, if any are identified, to a less than significant level.
All available environmental documents and analyses conducted for projects in the vicinity of the project will serve as resource documents for analyzing the proposed project. In addition, other relevant resource documents (e.g., Pomona’s General Plan Update, Corridors Specific Plan, and Green Street, including individual Elements) will be utilized to adequately analyze the proposed project.
CONSULTANT will utilize the Initial Study adopted by the City of Pomona or that recommended for use in the State CEQA Guidelines currently in effect (July 27, 2007) and applicable NEPA requirements. That form includes four categories of impact:
1) Potentially Significant Impact;
2) Potentially Significant Unless Mitigation Incorporated; 3) Less than Significant Impact;
4) No Impact.
In each case, the appropriate resource documents will be referenced to support the conclusions and recommendations presented in the Initial Study.
DRAFT
RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573
Once completed, the initial study will be submitted to the CITY for review and comment. The CONSULTANT will revise the initial study based on any substantive comments made by CITY staff.
The CONSULTANT will also be responsible for distributing the proposed recommendations to all responsible agencies and interested organizations and individuals identified by the CITY.
3. Final Mitigated Negative Declaration/Notice of Determination The CONSULTANT will prepare the Final Mitigated Negative Declaration for the proposed Garey Avenue Corridor Improvement Project. Responses will be prepared for all comments received by the CITY at the end of the 30-day public review period for the proposed Mitigated Negative Declaration. These responses will be transmitted to each commenting public agency no later than 10 days prior to the approval of the Negative Declaration by the Pomona CITY Council. In addition, Environmental Perspectives will prepare the Notice of Determination (NOD) and distribute that document to the County Clerk and to the Office of Planning and Research at the State Clearinghouse.
4. Mitigation Monitoring Program (MMP)
The CONSULTANT will prepare the Mitigation Monitoring Program for the proposed project. This document will be presented to the City of Pomona and will identify each mitigation measure to be carried out if the project is implemented, the entity who will be responsible for implementing the mitigation measures, and when it will be implemented
PERMITS, PUBLIC/PRIVATE AGENCY AND UTILITIES ISSUES RESOLUTION The CONSULTANT shall coordinate with and submit 30% drawings to permitting agencies with copies of all correspondence and submittals to CITY Project Manager as well as other utilities/entities (all required inside and outside of CITY), coordination and approval from adjacent and other jurisdictions, after the drawings have been reviewed by the CITY and CITY comments have been addressed. The review comments from the CITY and these agencies/entities/utilities shall be incorporated in the final design.
The CONSULTANT shall also resolve all utility conflicts on private property, CITY property and all impediments to the construction of the proposed improvements.
The CONSULTANT will review with the CITY all coordination with public/private agencies to clearly address any impacts to project schedule.
Q. PS&E DESIGN IMPROVEMENTS
1. GENERAL BID AND CONSTRUCTION DOCUMENTS
The bid and construction documents shall generally consist of the following:
a. Plan view removal/demolition plans at 1’ = 40’
b. Construction plan view sheets at 1’ = 40’
c. Construction Profile sheets at 1’ = 40’ Horizontal and 1”=4’ Vertical d. Scales for Details at 1”=10’ or as otherwise agreed e. Traffic Signal PS&E
f. Signing Striping PS&E
g. Electrical PS&E
h. Water PS&E
i. Sanitary Sewer PS&E
j. Storm Drain and Storm Water PS&E
k. Lighting PS&E
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RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 l. Bus Shelter PS&E
m. Grading PS&E
n. Irrigation PS&E (Medians & Parkways)
o. Landscaping PS&E ( Medians & Parkways)
p. All submittals, bid documents, construction documents, cost estimates, quantities, proposals, and related records.
q. Evaluation, cost comparisons, prioritization of the recommendations, and bid/construction documents, quantities, and all required items for using pavement recycling, ‘green’ pavement solutions, and other methods.
r. Subsurface utilities castings, control monuments, and structures shall be shown on the plans.
The utility adjustments shall be addressed in the construction documents. CONSULTANT shall maintain and provide file information of the existing utilities. s. Construction Profile sheets (1”=20’ horizontal and 1”=4’ vertical) shall be prepared and submitted to the CITY and Construction Contractor only as working (data) sheets, available for use as reference documents. CONSULTANT shall provide the existing cross sections and proposed cross sections at 25 ft and 100 ft intervals respectively and submit to the CITY. The proposed cross sections shall be submitted only as working sheets to be used as reference documents. The existing centerline elevations and proposed top of median curbs (eastbound and westbound) shall be delineated on the plan sheets.
t. Pavement striping, signal loops/vehicle detection with connections, delineation, and signing using charts/tables and similar methods shall be prepared in accordance with Latest Edition CAMUTCD, and Latest Edition Caltrans Standard Plans and Specifications. u. Traffic control plans shall be in accordance with Latest Edition CAMUTCD and current APWA WATCH handbook/manual.
v. Detailed landscaping plans.
w. Planting and landscaping detail sheets.
x. Waterline public, potable, and irrigation systems plans, connection details, required services (water and electrical), telemetry, central controller system, etc. y. Show ROW and property lines adjacent to right of way and street addresses. z. CONSULTANT shall provide map and coordinate the project with other CITY projects. aa. Show adjacent building frontage outlines along all streets on plan view plans from GIS or similar aerial imagery
bb. Centerline alignment with 50 ft and 100 ft stationing intervals labeled and shown to scale on plans along all streets, pipelines, as well as matching corresponding stationing intervals for all profiles, horizontal and vertical plan sheets, and similar stationing and offsets for all lines and structures.
cc. Photographs of the street conditions with itemized photo location identifying each photo. dd. Design/proposed elevations shall be provided (in addition to existing elevations) on 50-ft grid basis outside of right of way on 10-ft intervals, 50-ft station intervals along the gutter flow lines, and top of all curbs, as well as at transverse grade breaks shown in a longitude stations along streets. Proposed spot elevations at intersections shall be 10-ft intervals for all areas within 200 feet of end of radii, and shall be at 5-ft intervals within 50 feet of all street intersections end of radii and corners, and at 5-ft intervals within 50 feet (inside and outside of right of way) of all driveways.
ee. At least two different Bench Marks shall be provided on all plan sheets with existing elevation as well as on plan sheets with proposed elevations, for each 1,000 linear feet of associated/adjacent street length.
2. SCW TASK – Stormwater Capture and Water Quality
The Consultant shall perform SCW Scope of Services requirements as part of the Geary Ave projects as follows (SCW Task):
a. Conduct hydrologic and hydraulic analysis using LACDPW standards. Optimize stormwater volume capture (i.e. nature-based solutions, planted areas with water storage capacity, etc). o Infiltration tests shall be conducted per County of Los Angeles Guidelines for DRAFT
RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 Geotechnical Investigation and Reporting Low Impact Development Stormwater Infiltration;
b. Prepare a water quality analysis to calculate and quantify storm water quality volumes consistent with current MS4 permit and City of Pomona Water Quality Ordinance. Incorporate BMPs to achieve water quality standards for the project tributary area, size and capture/treat pollution concerns; consultant will assist City in compiling project benefits and metrics relevant for SCW Project Plan;
c. Coordination
o Coordinate task with City’s Water Resources Department (WRD) o If applicable, coordinate with Landscape Architect during preparation of landscape plans; d. Consultant to incorporate stormwater capture and water quality components into preliminary and final construction plans and specifications;
o At (30%) preliminary design level, include:
Desktop research of existing storm drain utilities, contours, hydrologic data, soils, including the review of the Watershed Management Plan; and any other relevant information
Results and recommendations of the hydrology/hydraulics evaluation and water quality analysis
Stormwater capture design elements and effectiveness: BMPs, bioswale(s), catch basin, debris removal, pre-treatment, flow diversions, etc. including manufacturers cut sheets and related data.
Budgetary level estimate of probable construction cost (30% max contingency) Prepare operations and maintenance costs
Conceptual (30% design level) drawings and landscape; Drainage improvements along Garey Avenue limits noted above, approximately 2,000 lf, and new storm drain, with manholes @ ~300 ft, catch basins, conveyance pipe/lines, weir structures, inlets, outlets, hydraulics and hydrology analysis/calculations, and connections to LAFCD)
Storm water infiltration, ten (10) each Torrent Maxwell Plus (or equal) infiltration systems, along with approximately 200 lf or 3,000 sf of storm water storage at each Torrent Maxwell Plus location connected)
Water main relocation (approximately 800 lft, in 4 locations (each location approximately 200 lf), with all services, appurtenances, re-connections, abandonment, etc.)
Sewer main relocation (approximately 600 lft, in 2 locations (each location approximately 300 lf, with all laterals to property lines, services, appurtenances, connections, abandonment, etc.)
Site storm water storage and infiltration facilities
Consultant shall summarize the above findings and recommendations into a technical memorandum (TM)
e. General Services (as otherwise required in this Scope of Services), task cost tracking, and associated with the SCW work;
f. Design PS&E (as otherwise required in this Scope of Services) and associated with the SCW work
g. Pre-Construction Services (as otherwise required in this Scope of Services) and associated with the SCW work
h. Construction Services & Inspection Services (as otherwise required in this Scope of Services) and associated with the SCW work
i. Geotechnical Services (as otherwise required in this Scope of Services) and associated with the SCW work
j. Survey Services (as otherwise required in this Scope of Services) and associated with the SCW work
k. Other Services (as otherwise required in this Scope of Services) and associated with the SCW work
l. ALL SCW associated improvements, demolition, street repairs/repaving, all time, work, and DRAFT
RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 materials, all geotechnical work, all support services, all sub-consultants, all sub-contractors, all overhead, and all other SCW associated work for this Scope of Services as well as for all resulting bidding documents, pre-construction services & work, construction contract work, construction management, inspection, and post construction work shall be tracked, reported, accounted, bonded, insured, billed/invoiced, and paid for separately with separate concept plans, separate PS&E, and all other related work handled separately and coordinated with the City’s Water Resources Department (WRD).
m. City primary Project Management for the SCW work shall be handled by WRD. n. All SCW work shall be coordinated with the other work in this Scope of Services. o. Any and all changes, revisions, amendments, etc. (Modifications) associated with this SCW portion of this Scope of Services shall be reviewed and discussed with WRD for WRD recommendation and approval by the City Engineer prior to said (Modifications) being proposed, accepted, and implemented; no exceptions.
3. Garey Avenue Improvements
Reference the General Services section of the Scope Services and **item I. H. above, in relation to the Scope of Services to be performed and provided for this section.
a. Garey Avenue General PS&E
Consultant shall prepare, perform, and provide design and PS&E for all Garey Avenue improvements as stated: above in the General Services section of the Scope Services, in **item I. H. above, as well as all in the PS&E and Related following items. All design and PS&E work not included in other items above or below or elsewhere in this Scope of Services shall be included in this item.
b. Traffic Signals Upgrades PS&E
CONSULTANT shall provide traffic signal PS&E and signal upgrades plans, including phasing, Rewire / Gear upgrades / Conduits / & related work, conduits, cables, Closed Circuit Television (CCTV), and video detection to be considered as part of this project.
c. Traffic Signals Modification PS&E
CONSULTANT shall provide traffic signal PS&E and signal modification plans, including phasing, installation of traffic signal interconnect, single mode fiber optic, conduits, cables, Closed Circuit Television (CCTV), (Removal of existing and replacement with new: Full pole, mast arms, foundations, signal heads / cabinet upgrades, service pedestals, BBS, wiring, conduits, etc.) and video detection to be considered as part of this project.
d. Street Lighting PS&E
CONSULTANT shall provide lighting analysis per CITY standards and PS&E for removal and new construction of street lighting system in the project area. CONSULTANT must note that some of the street lights are decorative lamps that will require refurbishing before being permanently relocated. Plans shall show foundational requirements of the street lights (marble light poles) and decorative lamps. The lighting system needs to take into account intersection safety lighting as depicted in the traffic signal modification plan. A separate street lighting plan shall be prepared to show poles, conduits, pull boxes and wirings. Coordination with the City of Pomona Public Works and Southern California Edison is required for the design and approval of the point of connection.
e. Striping and Signing PS&E
CONSULTANT shall provide PS&E to include removal of existing striping and installation of new striping for the project area. Pavement delineation should include transitional areas to join into existing lanes. Plans shall include provisions to remove and replace all existing signs with new and improved signs with new reflectivity requirements. Striping and signing plans can be double stacked. Approval by the City of Pomona, Public Works is required.
DRAFT
RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 f. Landscape and Irrigation PS&E
CONSULTANT shall provide Landscape PS&E for the median and parkways affected by the project based upon the guidelines provided in the CSP, the Clean CA grant, as well as required with all SCW work improvements. Since the CITY maintains the medians, and adjacent property owners maintain the parkways (except for trees), proposed improvements should take into account the responsible party for maintaining the landscaped area(s), should define the private irrigation systems and connections for parkways and realize the on-site landscape and irrigation to be re-established. Landscape and irrigation plans may be double stacked. Planting and irrigation must comply with the latest water conservation standards due to the drought conditions in California.
g. Drainage PS&E
The CONSULTANT shall provide PS&E to modify drainage structures, if needed, within project areas. Perform hydraulic and hydrology analysis to ascertain the need to upgrade (or otherwise downgrade) drainage inlets and connector pipes to accommodate existing and future drainage needs.
Consultant shall prepare and provide fully approved SWPPP, SUSMP, SWRCB, SMARTS applications, submittals, updates, reporting, and close out.
h. Utility Line(s) Relocation and Utility Services and Utility Connections PS&E After the alignment and PDR is approved by the CITY, CONSULTANT shall commence providing final utility line(s) PS&E. The CONSULTANT shall prepare project plans utilizing the CITY’s Standard Title Block and shall utilize a 40 scale for plan and utilize 40 horizontal and 4 vertical scales for profiles. The plans set should include, but not limited to, the following sheets:
• General Notes/Construction Notes and Quantities/List of Standard Drawings. • Typical X-sections of Street and Trench.
• Plan and Profile Drawings.
• Construction Details.
i. Traffic Control/Traffic Handling PS&E
CONSULTANT shall provide complete final Traffic control/handling PS&E for the Project as part of this CONTRACT. Traffic control and detour requirements shall be included in the bid and construction documents (plans and specifications/special provisions) by the CONSULTANT, including reference to published traffic control details. The construction contractor shall be required to submit any revisions or modified traffic control plans signed by a California registered Civil Engineer for CITY’s review and approval. The following work shall all be performed in advance and taken into account by the CONSULTANT in preparing the final Traffic control/handling plans and specifications
j. Permits, Approvals, Public/Private Agency and Utilities Coordination Provide coordination with and obtain applicable permits from appropriate City of Pomona Departments, other public agencies, County, State and any other Agencies as needed.
Provide coordination as necessary with CALTRANS as an Encroachment Permit may be needed for the median construction, striping, signing and traffic control work within CALTRANS jurisdictional areas along the I-10. The CONSULTANT’s efforts should be directed at avoiding such improvements within CALTRANS jurisdictional areas, which may become necessary based on the chosen traffic control plan.
k. Construction Quality Assurance Program (CQAP) Manual CONSULTANT shall develop a Construction Quality Assurance Program (CQAP) for inspection and testing for federal-aid projects. The CQAP includes an acceptance program for materials and workmanship, an independent assurance program, and preparation of a DRAFT
RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 project materials certification. The manual is intended to provide confidence that the quality of the materials and workmanship incorporated into the construction projects conforms to the requirements of the plans and specifications.
It shall consistent with the Code of Federal Regulations Title 23, Section 637 (23 CFR 637), the CQAP ensures “that the materials and workmanship incorporated into each federal-aid highway construction project on the National Highway System are in conformity with the requirements of the approved plans and specifications, including approved changes.”
4. CONCEPTUAL PS&E
a. 30% Conceptual Striping and Median/Parkway Curb Geometry The base conceptual plan drawings shall include signature blocks, approvals & permits block, locations and sizes of utilities, locations of improvements, easements, property lines, rights-of- way, all property addresses, and all survey and title search data. As part of the completion of the base construction drawings, the CONSULTANT shall field review their Plans, Specification, and Estimate (PS&E) Construction Drawings proposed alignment for accuracy of existing improvements and conditions, and include CITY staff/Project Manager to check policies and preferences for proposed alignment. CONSULTANT shall also provide 30% design plans and details as part of this task per the final PS&E.
b. CONSULTANT shall also subsequently perform and provide drainage improvement design with plans, profiles, specifications and details to the CITY Engineer’s satisfaction to alleviate the existing drainage problems along Garey Avenue from Aliso Street to Monterey Avenue gutter flow lines by designing for positive drainage and/or installing catch basins and connection pipes to existing storm drain lines along or crossing Garey Avenue.
c. 30% Specification Documents
A preliminary specification (preliminary bid document) showing all CITY standard language and requirements, along with outlines and notes for needed inserts for all sections anticipated as necessary from review of the CITY standard and sample specifications and a preliminary engineer’s detailed estimate of total costs shall be included with the 30% submittal in accordance with CITY requirements. The 30% Construction Drawings shall be included in the 30% Bid & Construction Documents. CONSULTANT shall also provide 30% design specifications to complement 30% plans and details as part of this task.
As part of the completion of the 30% bid and construction documents, the CONSULTANT shall field review their proposed street and landscaped median improvements for accuracy of existing conditions and include CITY staff/Program Manager to check policies and preferences for proposed work.
d. 30% Preliminary Detailed Engineer’s Estimate and Review Meeting with the CITY & Peer Reviewer/Program Manager
The CONSULTANT shall arrange a review meeting with the CITY staff and shall provide the CITY staff & peer reviewer/Project Manager with copies of the 30% Bid & Construction Documents and Drawings showing the proposed improvements. At least ten (10) sets of drawings, specifications, and preliminary engineer’s total project cost estimates must be provided to CITY Staff at least one (1) week in advance of the meeting. The purpose of the meeting shall be to review and obtain comments and/or approval as well as document the review process for later submittal to the Public Works Director for acceptance. In addition, possible interferences, coordination, permit/approval/notification requirements, rights-of-way requirements shall be discussed. CONSULTANT shall also include cost estimates of traffic improvements as part of this task.
e. CONSULTANT shall also provide design plans and specifications for drainage improvements DRAFT
RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 to CITY Engineer’s satisfaction based on CONSULTANT’s hydraulic and hydrology analysis and drainage report along Garey Avenue from Aliso Street to Monterey Avenue, per CONSULTANTS’s hydraulic analysis and drainage report.
5. 60% PS&E
a. 60% Plans, Specifications, and Engineer’s Estimate (PS&E) The CONSULTANT shall prepare 60% PS&E that shall incorporate all 30% requirements and review comments, CITY accepted recommendations, horizontal and vertical design elements, inputs from permitting, approval and related agencies/entities/utilities. These drawings shall consist (at a minimum) of: Cover Sheet, Construction Note Sheet, Plan and Profile Sheets, Traffic Control/Handling Plans, and Detail Sheet(s), plus design and details for all PS&E Design Improvements listed above.
Project specifications shall be prepared pursuant to CONSULTANT standards, CITY standards and APWA standard “Green Book” Specifications.
The CITY’s standard “front-end” documents will be provided to the CONSULTANT for incorporation into the project specific bid documents. CONSULTANT shall prepare bidding sheets, including bid schedule and quantities. Consultant shall prepare complete Specifications Book with all Appendices, references, and accompanying plans and details needed to publicly Bid and Award a construction contract for the PS&E/designed work and to allow construction of said work at the construction contract bid price with contingencies within 10% of the originally bid and awarded contract price. Technical and/or Supplemental specifications only are Not acceptable and will be rejected.
General conditions shall cover permitting requirements (Caltrans, California Department of Health Services, etc.), noise control, dust control, site security, and compliance with OSHA, NPDES, etc.
Project specifications submittals to the CITY will consist of six (6) copies of the complete contract specifications including the previously reviewed “marked-up” copy by the CITY.
b. 60% Review Meeting with the CITY Staff
Once the 60% PS&E documents are complete, the CONSULTANT shall arrange the 60% review meeting with the CITY staff, peer reviewer/Project Manager, and approval/permit agencies/entities. At least ten (10) sets of the 60% drawings, specifications, and updated engineer’s total cost estimates must be provided to CITY staff at least one (1) week in advance of the meeting. The purpose of the 60% review meeting shall be to review the alignment, profile, landscape and irrigation, and any permitting/approval issues, show and document resolution of all utility and other conflicts and impediments to construction, as well as document the review process for later submittal to the Public Works Director for acceptance.
c. Final Environmental Submittal
Immediately prior to (or at the latest along with) the 90% submittal the CONSULTANT shall submit final CEQA/NEPA, and SUSMP documents similar to the initial submittal except now complete for approval in all respects. Consultant shall include requirements in PS&E for separate construction Contractor to prepare and comply with SWPPP.
6. 90% PS&E
a. 90% Plans, Specifications and Engineer’s Cost Estimate (PS&E) The CONSULTANT shall prepare 90% PS&E and traffic control/handing documents (plans/drawing) that shall incorporate all review comments of 60% design plans and input from any permitting agencies/entities/utilities. At the 90% stage the CONSULTANT shall also include DRAFT
RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 final draft specifications and an updated engineer’s estimate in accordance with CITY requirements for the Project and traffic control/handling.
The CITY’s standard “front-end” documents will be provided to the CONSULTANT for incorporation into the project specific bid documents. CONSULTANT shall prepare bidding sheets, including bid schedule and quantities. Consultant shall prepare complete Specifications Book with all Appendices, references, and accompanying plans and details needed to publicly Bid and Award a construction contract for the PS&E/designed work and to allow construction of said work at the construction contract bid price with contingencies within 10% of the originally bid and awarded contract price. Technical and/or Supplemental specifications only are Not acceptable and will be rejected.
b. 90% Constructability Review Meeting (90%) with the CITY Staff and Public Outreach prior to preparation of Final Plans
Once the PS&E documents are 90% complete, the CONSULTANT shall arrange the 90% review meeting with the CITY staff, peer reviewer/Project Manager, and approval/permit agencies/entities. At least ten (10) sets of the 90% drawings, specifications, and engineer’s estimate must be provided to CITY Staff at least one (1) week in advance of the meeting. The purpose of the 90% review meeting shall be to review the design plans and specifications for bidding and construction purposes and prepare contract documents, as well as document the review process and confirm resolution of all utility, private property, and CITY conflicts and impediments to construction for later submittal to the Public Works Director for acceptance.
The draft final total cost engineer’s estimate shall be updated by the CONSULTANT at this stage.
The CONSULTANT shall also provide Public Outreach prior to Final Plans – this shall be a critical part of the Traffic Impact Analysis, as there is much to know about how private/public driveways are accessed. The CONSULTANT shall interview each business to understand traffic/access/ingress/egress concerns, as this shall save much time in correcting assumptions made early in design. For instance delivery access, truck turns simulation, and even emergency vehicle (Pomona Valley Hospital/Police/Fire Department as a stakeholder).
c. Permits, Approvals, Public/Private Agency and Utilities Coordination The CONSULTANT shall coordinate with and submit 90% PS&E to permitting agencies, as well as other utilities/entities, after the drawings have been reviewed by the CITY and CITY comments have been addressed. The review comments from these agencies/entities/utilities shall be incorporated in the final design. The CONSULTANT shall also confirm resolution of all permits, approvals, public and private property, and utility issues.
7. Final Design Plans, PS&E, Bid Documents, Environmental Documents, and Engineer’s Total Cost Estimate
Based on the CITY staff’s, utility companies, and other approval/permit agencies/entities comments from the 90% submittal, the CONSULTANT shall complete the PS&E, final design plans, construction documents, traffic control/handling plans and details, specifications for all Project work, and prepare a final total detailed engineer’s estimate. CONSULTANT shall also complete any revisions to the prior final environmental document submittals (CEQA/NEPA) and submit the construction version of these documents and secure their approval. Once the contract documents and final engineer’s estimate are complete, the CONSULTANT shall schedule a final project design meeting with the CITY staff to present the completed contract documents for final review and acceptance.
The final submittal shall include signed signature mylars, ten (10) printed plan sets, ten (10) hard sets of construction specifications, ten (10) hard copies of the corresponding engineer’s construction cost estimates, five (5) sets of the approved environmental documents (and CEQA), originals and one (1) copy of each of all rights-of-entry and easement documents (fully DRAFT
RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 executed and recorded), and two (2) soft electronic copies of all the above completed design products. All soft electronic submittals shall be electronically identified and organized to the satisfaction of the CITY. Written documentation shall be prepared in Microsoft Word, tabularized material and estimates shall be prepared in Microsoft Excel, and construction drawings shall be submitted in AutoCAD, Version 2022. Original source documents are required and PDF formats shall not be accepted.
CONSULTANT shall be limited of any liability for modification of files by others. In cases of conflict, printed copies govern over electronic files.
III. PRE-CONSTRUCTION SERVICES
A. Review Overall Projects Coordination for Construction
The Construction Management Team shall review the coordination needed between all the CITY projects proposed for construction within the contract time period and make appropriate prioritized recommendations to optimize overall projects coordination and sequences of work.
Consultant shall consider and include all sections of this Scope of Services: General Services, Design Services, Pre-Construction Services, Construction Services, Post-Construction Services, and Other Services intended work and Scope of Services requirements stated elsewhere in this Scope of Services as though they are repeated in full in each section with respect to the intended Consultant work, goals, and services to be provided as well as resulting separate intended Construction work to be performed – so that it is understood and agreed that all the intended work (Consultant and resulting Construction Contractor/s) and Scope of Services sections shall be provided and managed by the Consultant in a complete, comprehensive, and coordinated manner (for example: all intended Construction project work and goals described in the General Services section as well as in the Design Services and PS&E sections is the same Construction work and goals that shall be administered/managed/and performed according to the Scope of Services described under the Pre-Construction, Construction Services, as well as the Post Construction, etc. sections of this Scope of Services.
B. Administration
The Construction Management Team shall become familiar with the CITY’s ordinances, policies, processes and procedures and its objectives and provide services and assistance as directed by the Public Works staff. The CM shall work under the direction of the CITY Public Works Department Staff, develop and maintain open lines of communication and cooperation between CITY and CM staff as well as other CONSULTANT s and contractors. The CM is expected to be assigned the full responsibility of a project, although some task services may be limited to supplementing CITY staff in specific areas of expertise. The CITY shall have the right to review the qualifications and approve all proposed CM staff.
C. Construction Management Plan
The Construction Manager will prepare and submit to the CITY a “Construction Management Plan” for each Project identified in Exhibit A1 and included in their contract. Upon CITY approval of the/each Construction Management Plan, the Construction Manager will prepare the Construction Management Plan in final form and distribute the Construction Management Plan to the CITY’s CIP Administrator, and others designated by the CITY. The Construction Management Plan shall: (1) provide a preliminary evaluation of the CITY’s schedule, total cost and design requirements for the Project; (2) set forth a plan for the administration and coordination of all work on both the Project and the construction contract: pre-, during, and post construction, including all CONSULTANT activities – not just contractor activities/work; (3) include a key personnel directory with contact information; (4) develop an anticipated construction schedule; (5) review the CITY’s DRAFT
RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 budget, noting potential shortfalls or surpluses and recommending cost reductions and/or value engineering; (6) provide guidance for a document and drawing control system in conformance with the CITY’s requirements; (7) describe safety compliance monitoring procedures; and (8) identify needed project materials testing to subsequently be provided (by/through same Construction Management “CONSULTANT ”).
The Construction Management Plans shall outline the procedures for administering both the project and the construction contract. This document shall be prepared after consultation with the CITY and shall be subject to final approval by the CITY’s CIP Administrator for conformance with CITY established procedures.
D. Key Personnel Directory
The CONSULTANT shall prepare and maintain up-to-date communications directory of key CONSULTANT staff, and staffs of sub-contractors to the CONSULTANT, CITY departments, state, local and federal regulatory agencies, design CONSULTANT, CITY’s Project Manager, contractors, subcontractors, and other involved parties. All contact information including titles, agency/business name, address, office and cell phone numbers, fax numbers, e-mail addresses and 24 hour emergency contacts information for CONSULTANT , contractor, agencies, etc. shall be documented and provided to the CITY.
E. Project Schedules
The Construction Manager shall prepare and provide for the CITY’s CIP Administrator’s review and acceptance “Project Schedules” using the critical path method (CPM) that coordinates and integrates the CM’s services, the Design Engineer’s services (if applicable), and the CITY’s and contractor(s)’s anticipated construction schedules. The CM shall submit the Project Schedules to the CITY’s CIP Administrator for acceptance, and provide the schedule in a format such that the Master Program Schedule can be easily updated.
F. Project Construction Estimates
The CM shall prepare for the CITY’s CIP Administrator’s approval estimates of the total construction cost developed by using estimating techniques which anticipate the various elements each Project, and which are based upon the design documents prepared by the design CONSULTANT as well as the bid/contract construction documents. The CM will update and refine this estimate periodically as the Engineer prepares the final construction documents. The CM shall also advise the CITY’s CIP Administrator if it appears that any construction cost may exceed the maximum project construction cost established by the CITY and shall make prioritized recommendations for corrective action.
G. Coordination of Construction Contract Documents
The CM shall coordinate all documents pertaining to the construction of the project including, without limitation, drawings and specifications, bid documents, construction contracts, and general, supplementary and special conditions, Division 01 General Conditions, etc. as well as all Contractor supplied information for payments, claims, change orders, payments processing, wage rates monitoring, CDBG/HUD, contract compliance, etc. (collectively, the “Contract Documents”). The CM shall establish and submit to the CITY for approval as to form a computerized electronic document tracking system. Contractor’s submittals and externally generated documents may be filed and maintained on the electronic document system. Once approved by the CITY, the CM shall use the approved form of document tracking system for all contracts through each contract closure. Complete hard and soft (DVD) original source files shall be provided to the CITY at the end of this contract, and at any time requested by the CITY.
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RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 H. Safety Program Compliance
The CM shall develop reporting and compliance monitoring procedures to insure that both the contractor’s traffic control and construction safety plans as well as the CONSULTANT’s safety procedures are being implemented. Reporting and compliance monitoring procedures shall be included in the CM plan.
I. Review of Design Documents
The CM shall review project design documents and provide prioritized recommendations to the CITY on methods of project delivery. The CM shall also provide recommendations on relative feasibility of construction methods, availability of materials and time requirements for procurement, installation and construction of the project.
1. Constructability Review. The CM shall review the design documents to ascertain whether the project, as depicted in the design documents: (a) accurately and completely reflect the CITY’s project objectives;
The scope of the CM’s constructability reviews shall include, without limitation: (a) written confirmation that requirements noted in the design documents are consistent with and conform to the CITY’s Project requirements; (b) written confirmation that the various components of design documents prepared by the Engineer are consistent with each other so as to eliminate conflicts within or between components of the design documents; and
The CM shall submit written review comments (“Constructability Review Comments”) to the CITY’s Project Manager sixty (60) days prior to the start of construction or at a time agreed to by the parties.
2. Value Engineering. The CM’s review of design documents shall include value engineering. Upon completing its review of the design documents, if the CM believes that work of the Project depicted in the design documents, construction processes/procedures, or other aspects of the design documents can be modified to reduce Construction Cost and/or the time for achieving final completion of the Project, the CM shall identify the same in writing. The CM shall submit the Value Engineering Recommendations to the CITY’s Project Manager sixty (60) days prior to start of construction, or at a time agreed to by the parties. If the CITY accepts any of the CM’s Value Engineering Recommendations, the CM shall review the design documents as modified by the Design Engineer or Contractor for confirmation that the CITY accepted Value Engineering Recommendations are incorporated into the design documents to be issued on behalf of the CITY for bidding and/or construction by the Contractor.
J. Facilitate Competitive Bidding
The CM shall ensure that the Master Project Schedule is included in each set of bidding documents, and shall also ensure that all contracts for construction are competitively bid and advertised as required by law, the City of Pomona, and other interested agencies.
K. Preparation of Invitations for Bids and Contracts
In coordination with CITY’s Legal Counsel, other CITY Departments, CITY Clerk, and the Purchasing Division of Finance Department the CM shall coordinate use of CITY’s Construction Contract Documents and develop other contracts as necessary for the prosecution of the work to be completed and shall ensure that all requirements are contained in the contract(s) for construction and related services, including but not limited to: (1) applicable requirements for equal opportunity and/or any applicable minority business enterprise programs; (2) applicable California Labor Code provisions including but not limited to prevailing wages, hours of labor, retention of payroll records, DRAFT
RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 and employment of apprentices; (3) labor and material (payment) bonds at one hundred percent (100%) of the total contract amount; (4) performance bonds at one hundred percent (100%) of the total contract amount; and (5) bid bonds, or bidder’s security at ten percent (10%) of the total contract(s) amount.
L. Development of Bidder Interest/Pre-Bid Procedures
The CM shall maintain contact with potential Contractors/bidders on a regular basis throughout the bid period. The CM shall also: (1) (2) check the references and experience of the bidders; (3) share information in its possession with the CITY; (4) establish bidding schedules; (5) prepare and place notices and advertisements to solicit bids; (6) issue bidding documents to bidders; (7) conduct pre- bid conferences to familiarize bidders with the bidding documents, management techniques and any special systems, materials or methods; (8) document and notify the CITY and Design Engineer to respond to such questions, including the issuance of addenda if necessary; and (9) conduct the prequalification process as necessary and as requested.
M. Bidding and Award Services
CONSULTANT shall set up and conduct bid opening, prepare detailed bids tabulation (for all bids received), evaluate bids and check all bidder requirements, prepare CITY Council award report for Construction Contract, or rejection of bids, produce construction executed construction contract, and perform all related tasks necessary to start construction.
The CONSULTANT shall provide all necessary support services to the Project Manager from the final approval of the bid documents through the pre-construction meeting. Support services shall consist of, but not be limited to, providing clarification and/or revisions to the bid documents for design related issues, and preparation of addenda; scheduling, preparation of agenda, attendance and leading the pre-construction meeting to respond to questions that may arise.
N. Project Forecasts & Corrective Measures
Through the use of the estimating, construction management and administration, and inspection required herein, the CM shall provide the CITY with updated weekly project budget/quantities and construction schedule completion forecasts. Where these forecasts indicate overages in quantities, costs, and/or schedule the CM shall also implement corrective measures agreed on with CITY after making appropriate prioritized recommendations for same.
IV. CONSTRUCTION SERVICES
Consultant shall consider and include all sections of this Scope of Services: General Services, Design Services, Pre-Construction Services, Construction Services, Post-Construction Services, and Other Services intended work and Scope of Services requirements stated elsewhere in this Scope of Services as though they are repeated in full in each section with respect to the intended Consultant work, goals, and services to be provided as well as resulting separate intended Construction work to be performed – so that it is understood and agreed that all the intended work (Consultant and resulting Construction Contractor/s) and Scope of Services sections shall be provided and managed by the Consultant in a complete, comprehensive, and coordinated manner (for example: all intended Construction project work and goals described in the General Services section as well as in the Design Services and PS&E sections is the same Construction work and goals that shall be administered/managed/and performed according to the Scope of Services described under the Pre-Construction, Construction Services, as well as the Post Construction, etc. sections of this Scope of Services.
A. Pre-Construction and Construction Conferences
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RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573
The CM shall schedule and conduct pre-construction conferences, for the benefit of the CITY and Contractor to orient the Contractor to the various reporting procedures, and site rules prior to commencement of actual construction. At the meetings, the CM shall provide the Contractor with the Construction Management Plan and discuss the role, interaction and communication protocol between the construction Contractors, the CM, the Design CONSULTANT s, the CITY’s staff, and residents/property owners/business owners. CM shall prepare a sample invoice format for the contractor to follow and, upon review and acceptance by the CITY, provide sample to the Contractor at the pre-construction meeting. The CM shall also conduct construction and progress meetings to discuss such matters as procedures, progress problems, and scheduling. The CM shall prepare and promptly (within 3 working days) distribute minutes of meetings to all parties in attendance, including the CITY’s Project Manager and the Design CONSULTANT. At least one weekly project construction conference meeting, on the project site with the contractor and others as needed, shall be held for the duration of the construction on the project.
B. Attendance at Meetings
The CM shall attend internal and public meetings as required during all phases of construction, including community meetings, site meetings and CITY meetings as required and directed. The CM shall be expected to support the CITY’s Project Manager and CITY Staff/CITY Officials by presenting information and answering questions on the details of the nature, scope, and schedule of the project construction and potential impacts of construction activities on the Community. At least one weekly project construction conference meeting shall be held for the duration of the construction on the project. At least one weekly project update meeting, at the CITY’s offices, shall be held for the duration of this contract.
C. Contract Administration
The CM shall provide administration of the contracts for construction as set forth below and as provided in the General Conditions of such contract(s) for construction in cooperation with the Design Engineer. The CM shall coordinate and cooperate with the Design Engineer as-needed and as possible to perform Contract Administration.
1. Control, Coordinate, Process and Perform Work/Project. The CM shall provide administrative, management and related services as required to coordinate, the work, payment, and all other necessary activities of the Contractors with the activities and responsibilities of the CM, the CITY, and the Design Engineer to complete the CITY’s objectives for costs, time, payments, record keeping, compliance with project requirements and applicable policies and regulations, and quality. This requires the CM to provide sufficient organization, personnel, as well as administration and management to carry out the requirements of the Project for all aspects of the project not performed directly by the contractors. All work, invoices, payments, processing, etc. will be performed based on CITY’s individual project names and numbers. CONSULTANT s shall also provide the following:
1. Provide the CITY with 20 sets of final plans and specifications for bidding.
2. Respond to questions during project advertising phase.
3. Prepare project addenda, as necessary.
4. Review and analyze bid results and prepare bid summary.
5. Verify contractor’s references, bonding, insurance, and contractor’s license.
6. Provide recommendation to award project.
7. Assist CITY with public awareness and an information program to keep residents and local interests advised of project status, and impacts to traffic flow circulation, including answering questions from the public about the project. Attend CITY- DRAFT
RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 sponsored staff and public meetings, as requested by the CITY for the duration of the project.
8. Verify that the Contractor distributes public construction notices.
9. Prepare special concerns to be presented at the preconstruction conference.
10. Conduct meeting and prepare preconstruction conference minutes and distribute to attendees.
11. Review Contractor’s safety program in consultation with CITY staff. The CM’s responsibilities for monitoring the safety program shall not extend to direct control over or charge of the acts or omissions by the Contractor, subcontractors, agents or employees of the Contractor, or subcontractors or of any other persons performing portions of the Project not directly employed by the CM, nor shall it create any liability on the part of the CM for the failure of the Contractor to perform its duties. The CM shall take all necessary precautions for the safety of its employees and comply with all applicable safety laws to prevent accidents or injuries to its employees.
12. Through the CM’s system of project control, monitor activities related to the project, such that the project is constructed pursuant to contract documents and in a timely fashion. Such project control will, in no way, be intended to relieve the Contractor of its sole responsibility for the quality of the work nor create any liability on the part of the CM for such quality.
13. Log, track, and process submittals, Request for Information (RFIs), Request for Changes (RFCs), Contract Change Orders (CCOs), field directives, Notices of Potential Claim (NOPCs), Non-Conformance Reports (NCRs), construction schedule, and detailed traffic control plan.
14. Closely review schedule and advise contractor to take action on schedule slippage.
15. Assume responsibility for coordination with construction inspection staff and CITY staff.
16. Monitor activities of engineering support, testing, and work by utilities or other agencies.
17. Closely monitor ADA improvements and NPDES conformance.
18. Evaluate and respond to Contractor’s requests for clarification of plans and specifications.
19. Conduct special site meetings, when necessary, with Contractor and CITY staff to review job progress, scheduling, and coordination.
20. Perform quantity, time and cost analysis required for negotiation of contract changes.
21. Negotiate and prepare change orders, including memorandum of explanation, including cost estimates to substantiate change order costs, and provide for review by CITY.
22. Monitor materials documentation and testing results and enforce corrections.
23. Review for approval Contractor’s progress payment requests including verifying federal compliance status impact on payment. Negotiate differences over amount with Contractor and process payments through the CITY Project Manager.
24. Monitor preparation of punch list at substantial completion, and follow up.
25. Routinely review construction files to ensure conformance to agency standards and good construction management practice.
26. Assist CITY with Stop Notices and Release of Retention.
27. Prepare the resident engineer’s file in conformance with Caltrans Local Procedures Manual, including preparation of the necessary form documentation required.
28. Ensure that the Master Project Schedule is included in each set of bidding documents and also ensure that all contracts for construction are competitively bid and advertised as required by law.
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RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573
29. Prepare invitations for bids and contracts. In coordination with the CITY’s Legal Counsel, other CITY departments, CITY Clerk, and the Purchasing Division of the Finance Department, the CM shall coordinate use of the CITY’s Construction Contract Documents and develop other contracts as necessary for the prosecution of the work to be completed and shall ensure that all requirements are contained in the contract(s) for construction and related services, including but not limited to:
(1) applicable requirements for equal opportunity and/or any applicable minority business enterprise programs; (2) applicable California Labor Code provisions including but not limited to prevailing wages, hours of labor, retention of payroll records, and employment of apprentices; (3) labor and material (payment) bonds at one hundred percent (100%) of the total contract amount; (4) performance bonds at one hundred percent (100%) of the total contract amount; and (5) bid bonds, or bidder’s security, at ten percent (10%) of the total contract(s) amount.
30. Develop bidder interest and pre-bid procedures, including stimulating interest on the Project and soliciting bids, checking the bidder’s qualifications and references, establishing business schedules, conducting pre-bid conferences, documenting all bidder contact with the CITY and Design Engineer to respond to any potential bidders’ questions or concerns, and conducting any other necessary prequalification processes.
31. Verify that all required permits and bonds have been obtained by all Trade Contractors and sub-contractors, and forwarded to the appropriate CITY personnel and other agencies. Develop and implement procedures for the ongoing review of required insurance coverage by Trade Contractors and sub-contractors, including the review of additional insured endorsements.
32. Ensure that the Contractor distributes public construction notices and places construction and information signs.
33. Prepare a project-specific Quality Assurance Program (QAP) to cover all materials on the project, in a format that will act as an outline of test events, which reveals the precise time and frequency of each test needed on the project. This will serve as a rigorous guide for the construction management team to follow for the full duration of the project.
34. Include a key personnel directory with contact information, including CONSULTANT staff, CITY departments, state, local and federal regulatory agencies, design CONSULTANT, CITY’s project manager, contractors, subcontractors and other involved parties.
35. Prepare and provide for the CITY’s CIP Administrator’s review and acceptance “Project Schedules” using the critical path method (CPM) that coordinates and integrates the CM’s services, the Design Engineer’s services (if applicable), and the CITY’s and the contractor(s)’s anticipated construction schedules.
36. Document Contractor’s 20-day Notices, Mechanic’s Liens, and Stop Notices.
37. Monitor and coordinate activities of design engineering support, surveying, testing, and work by utilities or other agencies.
38. Coordinate the Contractor’s fieldwork with utility companies and other agencies.
39. Coordinate with the CITY’s Building Department for permit inspection, if necessary.
40. Monitor environmental mitigation measures full conformance.
41. Prepare weekly statement of working days, and submit to the Contractor and the CITY.
42. Establish and conduct weekly construction progress meetings at the CITY’s offices to cover the following:
Resolve all old business issues to the maximum extent possible. Address all items of new business as presented by any party. Review project schedule and address any deviations.
Review submittal log in terms of items needed and resubmittals required.
Also, review RFI, RFC, CCO, NCR, and NOPC Logs.
List status of construction items recently undertaken or ongoing.
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RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 List planned construction items for following 2 weeks, usually known as Two-week Look Ahead Schedule.
Go over SWPPP issues.
Review Contractor’s safety program.
43. Prepare minutes for the weekly construction progress meeting.
44. Provide claims mitigation monitoring, including proactively applying foresight to discover unforeseen conflicts, prior to contractor encounter.
45. Assure that all questions, conflicts, and issues are immediately brought to CITY’s attention and addressed, with appropriate directives to Contractor.
46. Coordinate review of questions by CITY officials and project design engineer and/or architect.
47. Evaluate Contractor’s cost reduction incentive proposals, if any, and provide recommendations to the CITY for acceptance or denial.
48. Monitor and perform immediate and thorough analysis of validity of all potential claims that may arise.
49. Maintain all data for change orders, and record information with regard to the time of dispute, time of notification by the Contractor, and action taken by the inspector.
50. Monitor materials documentation and testing results and enforce corrections.
51. Attend various meetings, including but not limited to, Planning Commission, CITY Council, and public meeting.
52. Ensure CITY received as-built set of drawings at completion.
53. Ensure that the Contractor is clear on submission of all reports and documentation, prior to close out.
54. Provide memorandum of clearance to issue Notice of Completion.
55. Finalize and deliver all construction files and supplies to the CITY for archives.
2. Update Master Project Schedule. Consistent with the Master Project Schedules distributed to the Contractors, and using the construction schedules provided by the Contractors, the CM shall update the Master Project Schedule incorporating the activities of the Contractors on the Projects, including activity sequence and duration, allocation of labor and material, and delivery of materials requiring long lead time procurement. The CM shall also update and reissue the Master Project Schedules as required to show current conditions and revisions required by actual experience. If requested by the CITY, the CM shall assist the Contractor in preparing a recovery schedule. Such recovery schedule will reflect the corrective action and extraordinary efforts to be undertaken by the Contractors to recapture lost time and will be distributed to the Contractors, CITY’s Project Manager, Design Engineer and other appropriate parties.
3. Reports, Paperwork Processing, & CITY/Agencies Staff Interaction
CONSULTANT shall prepare all CITY Council and other reports, submittals, and requests necessary for the prosecution of the project(s) included in the contract and as required by the CITY. CONSULTANT shall also handle and process necessary reports and paperwork/filings/change orders/notices of completion/etc. and interact with all CITY, Finance Department, and other agency(is)/staff to successfully complete the project(s) included in the contract. See page 76 for sample of weekly report required for each project, and CONSULTANT shall also provide monthly and quarterly reports in formats acceptable to the CITY.
4. Residents, Property Owners, Businesses, Others, and CITY Concerns, Requests, and Resolutions
CONSULTANT shall act as lead point of contact and take, initiate, and expedite all actions DRAFT
RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 necessary to receive, monitor, manage, and resolve to the CITY Engineer’s satisfaction all project concerns and requests by residents, property owners, businesses, others, and CITY.
D. Field Inspection
The CM shall establish and implement a program to inspect, test, and ensure the quantity, quality, and schedule of the construction work
1. The CM shall develop a comprehensive construction phase inspection and testing plan review the quantity and quality of construction work. CONSULTANT shall also provide the following:
The construction inspection services are generally to be performed in accordance with the provisions of the latest editions of the Standard for Public Works Construction “Green Book,” City of Pomona Standard Plans, Caltrans Standard Specifications, and the Public Work Inspector’s Manual.
a. Conduct a field investigation of the project area to become familiar with the existing facilities and the project environment.
b. Become familiar with traffic control plans, construction schedule, construction sequence, and permit requirements from other agencies.
c. Meet with CITY staff to review the scope of work and establish project schedules.
d. Attend preconstruction meeting.
e. Provide full-time and as-needed construction inspection of the work, including night and weekend work, to monitor materials and methods towards compliance with plans, specifications, and contract documents, and address and document non- conforming items as they are discovered.
f. Monitor compliance with Cal OSHA requirements and compliance with all local, state, and federal regulations, including but not limited to, Clean Air Act and Clean Water Act (NPDES).
g. Meet with the contractor at the beginning of each day and review proposed work plans, including specific details that may affect progress.
h. Coordinate activities of engineering support, surveying, and testing.
i. Coordinate contractor’s fieldwork with utility companies and other agencies.
j. Attend weekly jobsite meetings and other meetings with CITY staff, merchants, engineer, public relations personnel, contractor, and construction administrator, as needed.
k. Inspect construction safety and public safety and convenience and report discovered discrepancies to Resident Engineer, construction administrator and CITY; however, the Contractor is solely responsible for site and public safety.
l. Evaluate Contractor’s operation and production with respect to quality and progress, and report to Resident Engineer, construction administrator and CITY.
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RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 m. Maintain copies of all permits needed to construct the project and enforce special requirements of each.
n. Maintain detailed daily diary on construction progress showing site conditions, weather conditions, traffic control measures taken by the construction contractor, labor, equipment, and materials used during the day, quantity of work performed during the day, and major incidences occurring each day.
o. Prepare weekly statement of working days, and submit to Contractor and CITY.
p. Prepare clear and concise letters and memorandums, as needed.
q. Maintain field file bound workbooks during construction, including a cumulative record of quantities constructed, daily and weekly reports, working day reports, change order documentation, photographs, and other documentation.
r. Analyze delays and review claims on a timely basis and make recommendations to the CITY and Resident Engineer.
s. Review, evaluate, and discuss with the CITY, all requests for changes of work, including costs involved; prepare change orders, including provision of cover memorandum of explanation.
t. Maintain all data for change orders, and record information with regards to the time of dispute, time of notification by the contractor, and action taken by the inspector.
u. Provide complete measurements and calculations documented to administer progress payments and make recommendations for payments. Ensure that the Contractors sign conditional or unconditional lien releases and waivers (in the form provided by California Civil Code 3262), as a condition to processing all certificates for payment.
v. Maintain and submit a clean set of plans marked in red for as-built corrections on record drawings to be filed with the CITY. (CITY’s Design CONSULTANT will be responsible to transfer the construction inspector’s record drawings to original Mylar drawings.)
w. Prepare punch list at substantial completion and follow up with the Contractor regarding progress of corrections.
x. Upon project completion, provide the finished set of project workbooks to the CITY.
y. Review labor compliance components of project specifications to ensure they are in accordance with current labor regulations and requirements.
z. If applicable, attend pre-bid conference to present general requirements of bid preparation for the project.
aa. Verify applicable wage determination ten (10) days prior to bid opening; document verification as required. If wage determination has changed from what appears in project specifications, provide addendum and proof of receipt by bidders.
bb. Verify eligibility of selected contractor and its subcontractors to receive contract awards by confirming current, active license status with Contractors State License Board and non-appearance on Federal List of Parties Excluded (debarment list).
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RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573
cc. Attend preconstruction conference to present labor compliance requirements to contractor and subcontractors; prepare minutes and attendance record thereof.
dd. Prepare various monitoring and reporting documents as required.
ee. Verify and document job-site posting of wage rate information and labor compliance posters.
ff. Receive and review labor compliance documentation from public works inspectors and compare with contractor-submitted documents. Monitor weekly payroll documentation on a continuous basis, including certified payroll reports, fringe benefit statements, apprenticeship documentation, and payroll deduction authorizations.
gg. Follow up with contractor by telephone and/or certified mail regarding required document submittals and payroll discrepancies.
hh. Coordinate with CITY staff the withholding of progress and/or retention payments if contractor fails to abide by labor compliance requirements.
ii. Receive, pursue, and document labor complaints; recommend special action to be taken if contractor continuously fails to comply with requests and requirements.
jj. Maintain content and format of labor compliance file in conformance with applicable government requirements.
kk. Coordinate project file reviews by authorized county, state, and federal agencies.
ll. Submit complete labor compliance file to CITY for retention. (Note: labor compliance files are to be retained for a period of not less than three (3) years.)
mm. Procure final DBE Report and miscellaneous reports required of the Contractor.
nn. Review plans, specifications, and all other contract- and construction-related documents.
oo. Verify that the Contractor conforms to design survey line and grades.
pp. Attend weekly progress meetings with the Resident Engineer, Contractor, and subcontractors.
qq. Monitor compliance with the Clean Air Act and the Clean Water Act (National Pollutant Discharge Elimination System – NPDES best management practices).
Also, monitor contractor’s compliance with approved SWPPP.
rr. Conduct daily measurements of quantities of work with the Contractor.
ss. Assist in coordination of engineering support, surveying, specialty inspections, and fieldwork by utility companies.
tt. Ensure compliance of Underground Service Alert notification/delineation.
uu. Attend meetings with CITY staff, merchants, engineer, Contractor, and the Resident Engineer, as needed.
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vv. Photograph continuous property frontages along street alignment once prior to construction and once immediately following construction, and store in three-ring binder for permanent reference.
ww. Maintain a photographic record of key elements of each major operation of work each day, with increased detail in situations of potential changes or claims.
xx. Closely monitor testing results and require the Contractor to provide corrective measures to achieve compliance.
yy. Prepare and maintain detailed daily diary inspector reports on construction progress.
zz. Prepare clear and concise letters and memoranda, as needed. A solid paper trail will be established.
aaa. Review the construction schedule and enforce requirements for updating schedules and maintaining appropriate progress of the work.
bbb. Review and evaluate requests for change of work.
ccc. Obtain from the Contractors lien waivers, bonds, guarantees, warranties, and other documents required by the Contract Documents for the final contract Closeout.
ddd. Schedule final inspection with the CITY and applicable agencies; prepare, distribute, and inspect corrections to the final punch list for completion; recommend final acceptance. Prepare certificates of acceptance and substantial completion.
eee. Prepare documentation for final payment to the Contractor.
fff. Upon project completion, provide the finished set of project workbooks to the CITY.
ggg. Neither the professional activities of the CM, nor the presence of the CM or its employees and sub consultants at the project site, shall impose any duty on the CM, nor relieve the General Contractor of its obligations, duties and responsibilities including, but not limited to, the quality of the work, safety of their workers, construction means, methods, sequence, techniques or procedures necessary for performing, superintending and coordinating the Work in accordance with the Contract Documents and any health or safety precautions required by any regulatory agencies.
2. The CM shall provide for field inspection of the work performed by the Contractors for compliance with the requirements specified in the construction Contract Documents, as well as local, CITY, State, Federal, and industry guidelines, standards and requirements.
3. All construction staking is expected to be performed by the Contractor. The CM shall take such actions as required to verify that construction is full in accordance with construction surveys and Contract Documents.
4. The CM shall inspect, monitor and enforce Contract Document requirements by providing materials testing, including soils compaction, concrete, asphalt, materials and coatings thicknesses and other materials, and certified special inspectors for special inspections as required. The CM and/or the CM’s geotechnical and testing sub-consultant (s) will be DRAFT
RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 expected to perform all materials, manufacturing plant, and soils testing which has not been made the specific responsibility of the Contractor. The CM shall coordinate materials and soils testing requirements with construction scheduling to ensure timely compliance with geotechnical and other design criteria.
5. CM’s inspectors shall provide, complete, organize and maintain Inspector’s Daily Reports (IDR’s). CM shall provide sample copy of IDR’s to be used for review and approval of the CITY Engineer. Modifications to the sample IDR’s shall be made as requested by the CITY Engineer.
6. CM’s inspectors shall provide, complete, organize and maintain daily measurements and records of pay item, claim/change order, force account and other work quantities. CM shall provide sample copy of all quantities recording forms to be used for review and approval of the CITY Engineer. Modifications to the sample quantities recording forms shall be made as requested by the CITY Engineer.
7. CM’s inspectors shall provide, complete, organize and maintain worker interviews, payroll records review and reporting for enforcement of prevailing wage, minimum wage, apprenticeship, and related requirements for both CDBG/HUD and non-CDBG/HUD projects.
8. CM’s inspectors shall investigate, monitor, and take necessary actions to address all CITY, residents, business & property owners’ requests to the satisfaction of the CITY Engineer.
E. Contractor Performance
The CM shall encourage the contractor to perform at a superior level. The CM shall require satisfactory performance from the Contractor as determined by the CITY Engineer, and shall recommend and carry out accepted prioritized courses of action to the CITY and Contractor when requirements of a construction contract are not being fulfilled, and the non-performing party will not take satisfactory corrective action. The CM shall determine whether the work of the Contractor is being performed in accordance with the requirements of the contract Documents, and shall promptly advise the City of any defects, deficiencies, and delays in such Work. The CM shall also make prioritized recommendations to the Design Engineer and the CITY and provide special inspections and testing of Work not in accordance with the provisions of the Contract Documents whether or not such work is then fabricated, installed or completed. Further, the CM shall inform the CITY’s CIP Administrator of work that the CM believes does not conform to the Construction Document requirements and should be rejected by the CITY. The CM shall review all of the Contractor’s recommendations for corrective action on inspected non-conforming work.
F. Maintenance of Documents on Project Site
The CM shall keep one record copy of all plans, drawings, specifications, and other Contract Documents for the Project including, without limitation, addenda, change orders, transmittals, submittals, shop drawings, technical manuals, and reports, which are all part of the Project Contract Documents, on site at all times during the progress of the Project. The on-site record Contract Documents shall be maintained in good order by the CM and marked by the Contractor to record all changes made during construction. The CM shall make records available to the CITY’s CIP Administrator, Design Engineer and to CITY personnel within 48 hours of request. At the completion of the Project construction and at the end of project close out, the CM shall deliver all such records to the CITY within 72 hours and make those portions of such records available to the Contractor and Design Engineer within same 72 hours to facilitate the completion of As-built drawings.
G. Storm Water Compliance
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The CM shall review on behalf of the CITY, the contractor’s compliance with the Storm Water Pollution Prevention Plans (SWPPP) and provide written prioritized recommendations to the CITY as to the adequacy of compliance.
H. Contractor Safety Programs
The CM shall review the safety programs developed by the Contractor. Federal, State, local/CITY, and industry regulations, guidelines, standards and policies shall form the basis of the review. The CM shall inspect the implementation of the Contractor’s traffic control and construction safety plan and report observed deviations from their published plans. The CM shall advise the CITY and the construction contractor, as appropriate, for resolution of observed traffic control and safety deficiencies. The CM’s responsibilities for monitoring the safety program shall not extend to direct control over or charge of the acts or omissions by the Contractor, subcontractors, agents or employees of the Contractor, or subcontractors, or any other persons performing portions of the Project not directly employed by the CM. The CM shall take all necessary precautions for the safety of its employees and comply with all applicable safety laws to prevent accidents or injuries to its employees.
I. Construction Costs
The CM shall be responsible for monitoring, reviewing, managing and reconciling the Contractor’s schedule of values for the purpose of revising and refining the approved estimate of total Project and Construction Cost. The CM shall also perform:
1. Cost Forecasting. Weekly forecasts of the total project and project construction costs (based on daily record keeping) shall be provided by the CONSULTANT /CM to the CITY CIP Administrator. Provide regular monitoring of the approved estimate of Construction Cost, showing actual costs for activities in progress and estimates for uncompleted tasks.
Identify variances between actual and budgeted or estimated costs, and notify the CITY’s CIP Administrator whenever Project costs are forecast to exceed budgets or estimates, and recommend and implement CITY agreed corrective actions.
2. Records. Maintain cost accounting records daily on authorized work performed under unit price and percent of lump sum costs, additional work performed on the basis of actual costs of labor and materials, and other work requiring accounting records.
3. Review. Develop and implement procedures for the review and processing of applications for payment by the Contractor for progress and final payments. Make recommendations and provide advice to the CITY’s Project Manager for certification to the CITY for payment as described herein.
J. Contract Documents Interpretation and Review
1. RFI’s & RFC’s. The CM shall transmit to the Design Engineer Requests for Information (RFI) and Requests for Clarification (RFC’s) regarding the meaning and intent of the drawings and/or the specifications for the Project, and shall assist in the resolution of questions that may arise. The CM shall keep a log of all RFI’s and RFC’s including tracking all dates (date submitted, date returned, etc.) and recording all responses to said RFIs. The CM shall provide all the Contractor RFI’s and RFC’s and CM and/or Design Engineer Responses to the CITY in a timely manner. The CM shall take steps and measures deemed necessary by the CITY to ensure to the best of their ability that responses are timely.
2. Shop Drawings and Submittals. The CM shall provide State of California registered/licensed professional engineers in the areas of expertise needed, to review, DRAFT
RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 provide recommendations comments on, and approve all shop drawings and submittals needed to execute the project.
K. Contractors’ Insurance, Permits and Bonds
The CM shall also verify that all required permits and bonds have been obtained by all Trade Contractors and sub-contractors, and forwarded to the appropriate CITY personnel and other agencies. The CM shall develop and implement procedures for the ongoing review of required insurance coverages by Trade Contractors and sub-contractors, including the review of additional insured endorsements.
L. Wage Rates, Contract Compliance, and Apprenticeship Requirements
The CM shall manage, monitor, and enforce requirements for minimum, certified and prevailing wage rates, contract compliance issues, and apprenticeship and journeyman employment policies and requirements. All concerns regarding these items shall be brought to the CITY’s attention immediately and CM shall also provide prioritized recommended solutions for resolution of the items/issues.
M. Change Orders & Purchase Orders
The CM, in consultation with the CITY’s CIP Administrator, shall develop an administrative process regarding Change Orders and other approvals and shall implement Change Order procedures, make submittals, manage purchase orders, review requests for changes, assist in negotiating the Contractor’s proposals, submit recommendations to the CITY’s CIP Administrator and the CITY, and if they are accepted, then prepare, sign, and process Purchase Orders and Change Orders for the Engineer’s and the Contractor’s signatures and CITY authorization. The CM shall prepare and distribute Change Order reports on a monthly basis, or as required, throughout the construction Phase. Such reports will provide information pertaining to proposed and executed Change Orders and their effect on the Construction Cost. The CM shall maintain logs, files, and other necessary documentation relating to Change Orders. In the event that any portion of the project cannot be implemented in accordance with the contract drawings and specifications, the CM shall conduct the necessary negotiations with the Contractors to reach agreement on price, completion time, and scope of work to complete that portion of the project. When agreement is reached, the CM shall prepare and process the necessary contract Change Order documents for approval by the CITY.
CM shall also perform all necessary processing and coordination for execution of final/balancing change order for final payment as well as release of retention.
N. Progress Payments
The CM shall develop and implement procedures for the review and processing of applications by the Contractor for progress and final payments based upon an approved schedule of values, which shall include the following procedures:
1. Purchase Orders. The CM shall prepare all necessary submittals and make all necessary contacts to set up, perform, and manage purchase orders needed for the execution of the entire project.
2. Certify Payment. The CM shall prepare the Certificates for Payments for use by the CITY in making payment to the Contractors by preparing billing schedules for the CITY to ensure that the CITY pays each Contractor only once per month and assuming that the CITY requires seven (7) days advance notice. The CM shall verify, via site inspection, the Contractors’ applications for payment. The CM shall prepare a master Application for Payment that represents the amounts invoiced by the Contractors for the CITY to review each month for each CITY project number.
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RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573
3. Certify Amount. Based on the CM’s inspections and professional evaluations of each of the Contractor’s application for payment, the CM shall review and certify the amounts due to the respective Contractor.
4. Releases. The CM shall ensure that the Contractors sign conditional or unconditional lien releases and waivers (in the form provided in California Civil Code Section 3262), as a condition to processing all certificates for payment.
O. Progress Reports
The CM shall inspect and record the progress of the Project. Further, the CM shall submit written progress reports to the CITY’s CIP Administrator, including information on the Contractor, as well as the entire Project, showing percentages of completion and the dollar number and amounts of Change Orders and their affect on the estimated total Project and Construction Costs. The CM shall maintain a daily log containing a record of work done on the site, work accomplished, problems encountered, and other similar relevant data as the CITY may require. The CM shall ensure that the daily log is available for use and review by the CITY’s CIP Administrator and the Design Engineer Determining Completion/Partial Completion of the Work
The CM shall recommend when the Project or a designated portion thereof is substantially complete. The CM shall define substantial completion, prepare for the CITY a summary of the status of the work by the Contractor listing changes in the previously issued certificates of substantial completion of the work, and recommend the times within which the Contractor shall complete uncompleted items. The CM shall conduct inspections of the uncompleted items, and the close-out inspections.
P. Material Testing
The following tasks shall be provided by CONSULTANT:
1. Arrange and Conduct preconstruction meeting.
2. Soils technician/Field Engineer during earthwork, grading, foundation construction, utilities trench backfill and streets subgrade and pavement operation. CONSULTANT’s staff will perform as needed field density tests to document the quality of backfill compaction to evaluate compliance with the project specifications.
3. Perform as needed laboratory testing to determine soils engineering and index property
4. Provide IBC/ICC certified reinforced concrete inspector during construction of any and all structural concrete elements. Inspect the placement of reinforcing steel for compliance with the plans and specifications. Monitor the placement and QC of concrete and epoxy. Sample and test the concrete for slump, temperature and compressive strength.
5. Provide AWS/CWI or IBC/ICC certified structural steel assembly inspector during all phases of structural steel assembly/construction. Review welder and material certifications prior to field welding. Observe and/or test all bolted and welded connections per approved plans/specifications and applicable building code requirements
6. Provide qualified technician as required for concrete placement, anchor test, pachometer tests, and sampling rebar for testing if required.
7. Provide engineering support, inspector/technician coordination, dispatch, material engineering review, test reporting, QA/QC, and administrative support services.
8. Reporting (update) of on-going tests (i.e. 7-day and “off-schedule” breaks)
9. Reporting of completed laboratory tests (i.e. 28-day results for concrete, mortar and grout)
10. Final Report (if required)
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RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573
CONSULTANT will promptly submit (within 48 hours of work) daily field-testing and inspection reports indicating information pertinent to the inspections performed and their compliance or non- compliance to the project documents and applicable codes. These will be provided to the CITY, and/or building official for review.
CONSULTANT has reviewed the Construction Phase Scope of Work outlined herein and finds it appropriate, understandable and thorough, and fully acceptable. However as is normal for projects of this complexity, testing is a major expense, especially if not provided in an effective manner. For this project in particular there are a wide range of various possibilities for testing that depend on the ultimate decision of rehabilitation strategy. Therefore, CONSULTANT’s fee for construction testing is based on the following to provide the CITY a solid perspective on the typical method to provide for quality assurance. This is based on the special provisions CONSULTANT will include in specifications that the contractor provide a minimum of plant quality control also.
Overlay Testing: Full plant inspection on first day of production, including binder content every 1,000 tons and gradations every 500 tons will be provided, with tests required to be performed by plant personnel witnessed by CONSULTANT. Test results on same frequency are specified to continue by contractor with copies forwarded daily to CONSULTANT construction manager and follow-up plant inspection as indicated necessary by test results and minimum spot check once every 4 days by repeat plant inspection. However, on the first day of overlay, the mix design will be validated as conforming to material submittals by a stability test and verification of air voids.
Compaction testing will be provided at all times during paving. Maximum density will be the maximum density as provided by Caltrans laboratory for the mix in use. Testing of reconstruction repairs is not considered cost effective due to the isolated situation of each repair requiring a full range of tests at each location, which proceed at a very slow pace relative to the quantities that are installed, i.e. minor quantities as defined in Caltrans Construction Manual. The repair design will be developed to compensate for any possible slippage on strict conformance to specification parameters.
Slurry Testing: Tests of aggregate sieve analysis, emulsion content and wet track abrasion will be performed on the first day of work of each spreader truck. Follow-up testing will be provided as appropriate based on test results, with minimum spot check once every 4 days included in the work and services to be provided by this contract. More comprehensive testing due to continued non- compliance by contractor is impossible to estimate, so it will be based on CONSULTANT’s testing fee and hourly rate schedules, with prior specific/task authorization by CITY.
Q. Equipment and System Testing
The CM shall receive and store final Operations and Maintenance (O&M) equipment manuals from manufacturers and coordinate their review and correction including a final transfer to CITY O&M staff. The CM shall coordinate the implementation of all required testing, tie-ins, and equipment start-up with Contractors, CITY’s CIP Administrator, the manufacturer’s field service representatives and CITY Staff. Only CITY staff may perform distribution and transmission main shutdowns. The CM shall coordinate the Contractors needs for shutdowns with the CITY’s CIP Administrator and CITY staff in accordance with the Contract Documents. The CM shall prepare for the CITY a report summarizing the results of all testing, disinfecting, and start-up procedures. The CM shall implement a spare parts inventory and maintenance system in conformance with CITY standards, including a final transfer to CITY O&M staff.
R. Start-ups, Troubleshooting and Operational Demonstration
The CM shall make and implement the project start-up operations plan and schedule which shall be coordinated with the Contractors, Design Engineers, Vendors, and the CITY, and shall define specific start-up milestones. The CM shall manage, coordinate, and take actions necessary to resolve all problems that occur during the start-up period.
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RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573
S. Start-ups, Troubleshooting and Operational Demonstration
The CM shall make and implement the project start-up operations plan and schedule which shall be coordinated with the Contractors, Design Engineers, Vendors, and the CITY, and shall define specific start-up milestones. The CM shall manage, coordinate, and take actions necessary to resolve all problems which occur during the start-up period.
T. Federally Funded Project Requirements
This project is federally funded; therefore, the CONSULTANT shall also provide the following services:
1. Support CITY’s acquisition of and follow requirements of the (Caltrans) or similar Federal and State Authorization. Request for Authorization (E-76).
2. Revise the project specifications to include Federal requirements.
3. Review and, if necessary, update the CITY’s Notice Inviting Bids to ensure that Federal labor compliance language is included.
4. Check OLP’s Federal Wage Rate web site for any updates 10 days prior to bid opening.
5. Assist the CITY in preparing a resolution to execute the Program Supplement Agreement, and transmit the CITY-executed agreement and certified resolution to Caltrans (Sacramento) for their execution.
6. CM will provide FHWA, Caltrans and MTA submittals and information.
7. CM will provide information for the CITY’s use in filling-out LAODIS forms 1585 & 1587. The CITY will be responsible for the inputting and submittal of said forms.
8. Send a copy of the Notice of Pre-construction Meeting to Caltrans.
9. Prepare the Award Letter, Local Agency Contract Award Checklist (LAPM Exhibit 15-L), and Local Programs Agreement Checklist (LAPM Exhibit 4-A) .
10. Prepare the Detail Estimate and Summary (LAPM Exhibit 15-M) , and Finance Letter (LAPM Exhibit 15-N) based on the low bid.
11. Obtain from the contractor, the Local Agency Bidder – DBE (Construction Contracts) Information (LAPM Exhibit 15-G) based on the low bid.
12. Prepare the Resident Engineer’s Construction Contract Administration Checklist (LAPM Exhibit 15-B) to help the local agency with the administration of the Federal- aid project.
13. Submit to Caltrans (Local) item nos. 3 through 6 along with (the following provided by the CITY) the engineer’s final opinion of probable construction cost, contractor’s bid, bid analysis, executed contract, and the as-advertised PS&E.
14. Prepare one two (2) Progress Invoice (LAPM Exhibit 5-A) and Detail Estimate and DRAFT
RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 Summary (LAPM Exhibit 15-M) based on the contractor’s contract progress reports and submit to Caltrans (Sacramento) with the CITY’s invoice and copies of the contractor’s contract progress report and a copy of the award package previously submitted to Caltrans (Local).
15. Prepare the Federal Report of Expenditures Letter and the Report of Expenditures Checklist (LAPM Exhibit 17-A) based on the Statement of Working Days.
16. Prepare the Local Agency Final Inspection Form (LAPM Exhibit 17-C) to initiate Caltrans’ job site review and verification of completion of the project.
17. Prepare the Materials Certificate (LAPM Exhibit 17-G) to show that the results of the tests on acceptance samples indicate that the materials incorporated in the construction work and construction operations controlled by sampling and testing were in conformity with the approved plans and specifications.
18. Prepare the Final Invoice (LAPM Exhibit 5-A), Final Detail Estimate and Summary (LAPM Exhibit 15-M), and Change Order Summary (LAPM Exhibit 17-E) based on the contractor’s final contract progress report.
19. Submit to Caltrans (Local) item nos. 9 through 12 and attach the following items:
the CITY’s invoice, Local Assistance - Federal - Final Report -Utilization of DBE, First Tier Subcontractors (LAPM Exhibit 17-F) , DBE Certification Status Change (LAPM Exhibit 17-O), contractor’s final contract progress report and copies of the progress invoice package previously submitted to Caltrans (Sacramento), to initiate timely project closure and payment.
20. Include documents and submittals in a Federal Funding File and make a hard copy or PDF formatted file on a CD for the CITY.
FEDERAL CONTRACT PROVISIONS
Funds from the Coronavirus Local Fiscal Recovery Funds (“CLFRF”) will be used to fund all or a portion of this Contract. The Contractor shall comply with all federal requirements including, but not limited to, the following:
1. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act (ARP/ARPA) of 2021, U.S. Department of the Treasury Coronarivrus Local Fiscal Recovery Fund Award Terms and Conditions, Treasury’s Final Rule, and CLFRF reporting requirements, as applicable (collectively, the “CLFRF Compliance Requirements”). The CLFRF Compliance Requirements are expressly incorporated herein by reference.
2. 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which is expressly incorporated herein by reference.
3. Federal Contract Provisions attached hereto as Exhibit “A” and incorporated herein by reference.
Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in the Contract, including but not limited to, CLFRF Compliance Requirements, 2 C.F.R.
Part 200, and the Federal Contract Provisions.
With respect to any conflict between such federal requirements and the terms herein and/or the provisions of state law and except as otherwise required under federal law or regulation, the more DRAFT
RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 stringent requirement shall control.
U. POST-CONSTRUCTION SERVICES
Consultant shall consider and include all sections of this Scope of Services: General Services, Design Services, Pre-Construction Services, Construction Services, Post-Construction Services, and Other Services intended work and Scope of Services requirements stated elsewhere in this Scope of Services as though they are repeated in full in each section with respect to the intended Consultant work, goals, and services to be provided as well as resulting separate intended Construction work to be performed – so that it is understood and agreed that all the intended work (Consultant and resulting Construction Contractor/s) and Scope of Services sections shall be provided and managed by the Consultant in a complete, comprehensive, and coordinated manner (for example: all intended Construction project work and goals described in the General Services section as well as in the Design Services and PS&E sections is the same Construction work and goals that shall be administered/managed/and performed according to the Scope of Services described under the Pre-Construction, Construction Services, as well as the Post Construction, etc. sections of this Scope of Services.
1. Contract Closeout
a. Administration. The CM shall manage the turnover of the assigned Project to the appropriate CITY operating unit including contract closeout, management of warranty period activities, and demobilization of CM staff with agreed upon plan.
b. Prepare Final Inspections and Deficiency Reports. Upon approximate completion of work for each construction bid package, the CM shall schedule acceptance inspection(s) with the Contractors at approximation times for CITY staff. The CM shall prepare preliminary and final punch lists and deficiency report listing all items of incomplete work requiring correction or replacement. After issuing punch lists and deficiency reports to the Contractors, the CM shall provide follow up inspection and record the completion or other resolution of all punch list and deficiency work items.
c. Obtain Lien Waivers, Bonds, Guarantees, and Warranties. The CM shall obtain from the Contractors lien waivers, bonds, guarantees, warranties, and other documents required by the Contract Documents for final contract Closeout.
d. Prepare Certificates of Acceptance and Substantial Completion. In conjunction with the CITY’s Project Manager and with approval of the CITY, the CM shall determine when the work of each bid package is substantially completed. The CM shall prepare the Notice of Substantial Completion to establish the date for the commencement of contract warranty periods and acceptance of maintenance responsibility by the CITY. The CM shall provide the Contractor with a list of any remaining incomplete work required to be completed prior to Final Completion.
e. Contract Records and Final Report. The CM shall turn over all contract records and documents, including final Record Drawings (As-Builts) to the CITY. The CONSULTANT shall provide management of parties needed to complete as-builts and secure CITY approval of same. The Record Drawings for the assigned Project shall be supplied on the original mylars with neat hand markings in permanent ink show deviations from the original plans and drawings made during construction, details in the construction not previously shown on such plans or drawings, changes to existing conditions or existing conditions found to differ from those shown on the original plans and drawings, the actual installed position of piping, valves, stub outs, etc. The CM shall prepare and submit to the CITY a Final Report that shall summarize and discuss the performance of the Contractor, contract changes including final cost and schedule revisions, and final resolution of significant contract issues.
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RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573
f. Warranty Coordination. The CM shall establish warranty repair procedures, which shall include a notification prior to the expiration of warranty period. As problems are identified by the CITY field staff, the CM shall investigate, document, and, if needed, coordinate required repairs, with the responsible contractor(s).
VI. OTHER SERVICES
A. Consultant shall consider and include all sections of this Scope of Services: General Services, Design Services, Pre-Construction Services, Construction Services, Post-Construction Services, and Other Services intended work and Scope of Services requirements stated elsewhere in this Scope of Services as though they are repeated in full in each section with respect to the intended Consultant work, goals, and services to be provided as well as resulting separate intended Construction work to be performed – so that it is understood and agreed that all the intended work (Consultant and resulting Construction Contractor/s) and Scope of Services sections shall be provided and managed by the Consultant in a complete, comprehensive, and coordinated manner (for example: all intended Construction project work and goals described in the General Services section as well as in the Design Services and PS&E sections is the same Construction work and goals that shall be administered/managed/and performed according to the Scope of Services described under the Pre-Construction, Construction Services, as well as the Post Construction, etc. sections of this Scope of Services.
B. Approach to Scope, Projects Approach, and Construction Management Approach The following shall also be included in the scope of work/services, except in the case(s) of any conflict with above.
CONSULTANT has verified that the time to complete design/PS&E and construction is adequate (X+X)
The CONSULTANT will coordinate the efforts of the general contractor in constructing the project, the efforts of the CITY’s design CONSULTANT s in technically supporting the construction effort, and the efforts of the CITY in accepting the construction and paying for it.
The CONSULTANT will review all the work as it is constructed and all supporting documentation, which establishes the technical adequacy of the construction, the schedule of implementation, and the cost of implementation. The CONSULTANT will track the progress of construction and submittals, and reviews and resolution of all technical data and issues. The CONSULTANT will report to the CITY on the progress of construction and all technical and economic parameters of the project.
There are many routine aspects that are common to the way every project is performed in terms of construction inspection and public relations. All of these are outlined in the scope of services.
However, there are some important areas mentioned in the scope that require special attention and that are not part of the routine process of the common inspection team. The selected CONSULTANT must also provide the following:
1. Institution of standard procedures for project records conforming to the highest standards for construction management is for effective claims avoidance and mitigation. Apply a uniform standard of excellence to ensure that documents are filed that respond directly and in a timely manner to each situation that might impact a potential claim. The CONSULTANT shall use best practices set forth in the Caltrans Construction Manual.
2. Thorough and timely documentation of change order circumstances to minimize unresolved claims and provide properly for Agency approval of change order funding. Also, value engineering is required for lump-sum change orders.
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RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573
3. A routine system of supervision of field personnel to provide consistent quality control of field operations. CONSULTANT’s inspection supervisors shall routinely cycle around to all projects and review the project files of the inspectors. The inspectors are also required to inform and consult with their supervisor and construction engineering staff in the case of any potential claim on their project.
4. Be cognizant of public relations. CONSULTANT’s inspectors shall understand this concept and have significant experience in dealing successfully with the public. CONSULTANT’s day- to-day continuous work shall give attention to being politically conscious of public relations ramifications.
5. As part of CONSULTANT’s standard policy, the construction phase shall include communication between the inspection staff, contractor, CITY staff, and survey crew. The inspector is responsible for maintaining communications, facilitating open lines at all times, including bringing team members together at appropriate points during construction.
6. All communications by CONSULTANT’s that the CITY has under contract, P.O.'s etc., must state that the CONSULTANT is “under contract to the City of Pomona”. This is especially important for communications letters, memos, etc. to residents and other agencies, although this statement must appear on all communications from CITY contracted CONSULTANT s.
7. CONSULTANT’s and Contractor’s invoicing shall include all information as required by CITY.
All invoicing associated with these projects shall clearly show (retention items below are typically only applicable to Contractor’s invoices):
1 Project Name
2 Project Number
3 Purchase Order Number
4 Invoice Date
5 Invoice Number (Unique & Progressive)
6 Progress Payment Number
7 Original Total Contract Amount
8 Previous Change Order Amount
9 Total Change Order Amount
10 Revised Total Contract Amount
11 Gross Earnings to Date
12 Retention Percent
13 Retention Total Amount Withheld
14 Net Earnings (Gross - Total Retention)
15 CITY agreed total project percent complete for CONSULTANT 16 Revised Earnings amount based on CITY agreed percent complete for CONSULTANT 17 Invoice amount based on revised earnings for CONSULTANT 18 Payment for this Invoice
19 Retention Amount withheld for this Payment
20 CONSULTANT Letterheads on CONSULTANT Invoice
2 Contractor Letterheads on Contractor Invoice
22 CITY's Monthly Payment Estimate by CONSULTANT with approval by CITY 23 Contractor's Itemized Quantities
24 Original Signature's
25 Back-Up Documents
26 Task item details, extensions, and sub-totals based on compensation rate schedule, hours worked by named and rated staff, and agreement scope tasks for CONSULTANT. 27 Original Invoice
28 Faxed copies of the above documents will NOT be processed for payment.
C. Specific time-tested procedures and general overall effective and proactive coordination and communication lead shall be utilized to successfully complete projects. These are the areas of DRAFT
RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 focus for the CONSULTANT’s Resident Engineer and inspector. CONSULTANT ensures that standard procedures are followed and that our policies are implemented by providing in-house seminars to go over important procedural guidelines, such as traffic control and safety, pavement structural section construction procedures, change order procedures, claims avoidance and documentation, and materials control.
D. CONSULTANT prepares progress reports based on weekly meetings with the contractor, at which time recent progress, material submittals, planned progress, scheduling, special problems, and change orders are discussed. Each of these items becomes a primary heading for the minutes of the meeting, during which new business is identified and unresolved old business is reviewed. The minutes are prepared in such a way that they serve as a complete project status report and as the agenda for the following meeting, covering all items and providing the continuity to ensure that no items are left unresolved.
E. CONSULTANT shall use basic software as opposed to more sophisticated, proprietary software that has been specifically written to assist in construction management of much larger projects and which a great number of cities do not possess. The CONSULTANT will use the Microsoft Office suite of software. All Daily Reports, Meeting Minutes, and correspondence are generated as Word documents. All cost estimates, punch lists, and any other spreadsheet-type documents will be generated as Excel documents. All data that are tracked including RFIs, submittals, NCRs, change orders, etc., require the development of logs using Access software.
F. Approach to Inspection
CONSULTANT shall maintain staff with construction inspection experience in a multitude of cities.
In this capacity, the CONSULTANT shall provide in-depth experience in implementing public works construction projects. Contract administration and enforcement, and negotiations of disputes are a few of the primary functions of a CONSULTANT and the supporting inspectors. CONSULTANT’s resident engineers, contract administrators, and inspectors will work with CITY engineering staff on a routine basis and are keenly aware of the needs and expectations of engineering staff in the public sector. Federal compliance is involved in the projects, and under the direction of our federal compliance specialists, CONSULTANT will have the precise requirements and their responsibilities in this area.
G. CONSULTANT shall apply standard procedures in managing workforce on CITY assignments, even though responsibilities in many instances will be limited to inspection, or oversight/management of CITY inspectors. CONSULTANT shall use proven standard practices of construction management, derived directly from the Caltrans Construction Manual, to be applied to local agency projects. CONSULTANT construction inspection supervisor shall maintain relatively continuous communication with all inspectors, and construction engineer will be consulted as- needed. CONSULTANT’s overall supervisor/administrator shall oversee the work through routine briefings with both the construction inspection supervisor and construction engineer.
H. Communication with the CITY will be through any of these supervisory staff, but typically through the construction inspection personnel assigned to the project.
I. CONSULTANT shall maintain a pool of qualified inspectors and understands this contract is entered into on an as-needed basis. CONSULTANT procedures will utilize the CITY’s basis of use of the Caltrans Construction Manual. CONSULTANT shall also be required to follow and use the Greenbook for work under this contract as directed by the CITY.
J. CONSULTANT shall maintain staff with expertise in the full range of local agency contracts, including major storm drain boxes and bridges, and mass grading, and extends to bridge contracts including major retrofit work. CONSULTANT shall provide staff as needed with experience in roadway contracts, including widenings, all forms of overlays and asphalt-rubber hot mix (ARHM) projects.
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RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 K. Inspectors for CONSULTANT shall closely monitor public works projects to ensure compliance with all contract requirements. Inspectors shall have American Construction Inspectors Association (ACIA) certification as construction inspectors and shall attend regular seminars, college courses, and in-house presentations to keep abreast of current construction technologies as deemed necessary by the CITY. CONSULTANT’s inspectors should have knowledge of basic soil dynamics and are highly cognizant of the crucial role of soils compaction in construction. They shall also be familiar with the needs for general material testing for asphalt and concrete.
L. CONSULTANT’s inspectors must know the importance of maintaining good relations with residents and businesses affected by the project. They are required to be courteous and helpful and to communicate, as necessary, to satisfy local concerns. CONSULTANT’s inspectors shall be coached by their supervisors to routinely look for potential site safety problems, uncover potential construction claims, and provide claims avoidance procedures. This includes checking ahead for utility interferences, unsuitable materials, and other unforeseen site conditions. Inspectors shall also closely monitor traffic control to conform to the latest editions of the Work Area Traffic Control Handbook (WATCH) Manual and California State Manual of Traffic Controls. CONSULTANT’s inspectors shall receive special in-house training from our traffic professionals on traffic control safety. They are expected to ensure that safety concerns are expeditiously addressed, in the same manner in which they are expected to monitor overall site safety.
M. To make this organizational approach function smoothly and efficiently, a set of standard procedures shall be developed to thoroughly control and document the projects at all points by the CONSULTANT. These shall be based on Caltrans Construction Manual. Well-structured documentation provides for smooth contract enforcement and our claim avoidance procedures and forms minimize exposure to extra costs. CONSULTANT shall provide quality control approach that is highly refined and efficient. A field supervisor shall monitor the projects, as appropriate, based on the level of oversight provided by construction engineering staff, to check project files and provide secondary oversight of construction methods, scheduling, and potential claim circumstances. Supervising construction engineer review of feedback from the field supervisor is required by the CONSULTANT and shall include overseeing and forecasting special problems and especially scheduling issues and potential claims.
N. CONSULTANT shall provide inspection personnel linked by both cellular telephone and pager to allow fast, dependable response for needed communications.
O. Services Details
In addition to requirements elsewhere in this AGREEMENT, the following is a further detailed description of the CONSULTANT’s expected process for project management, construction management, contract administration, construction engineering, and inspection services, along with a description of the CONSULTANT’s roles and responsibilities.
Constructability Review
1. Provide a thorough review of the construction sequence necessary to complete the improvements included in the construction contract.
2. Conduct thorough review of the construction plans and specifications.
3. Prepare a list of the following, including potential recommended corrections:
a. Difficulties of completing any element of construction; b. Conflicts between elements or the environment;
c. Elements of construction that could be substituted with more efficient materials and associated methods;
d. Elements of the construction that are not appropriately compensated by the bid schedule.
4. Verify through design support consultation that each identified item of concern is being DRAFT
RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 interpreted properly.
5. Once a set of recommended corrections is developed, verify that time constraints do not impact their implementation.
6. Prepare a report of findings, and outline recommendations to reconcile issues discovered and generally to expedite the project.
P. Weekly Status Report
From the date of this agreement through the date the CONSULTANT’s associated PO’s are closed by the CITY the CONSULTANT shall provide a weekly status report in a CITY accepted format similar to the following:
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RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573
WEEKLY STATUS REPORT FOR
[CITY PROJECT TITLE]
[CITY PROJECT NUMBER]
REPORT NUMBER:
REPORT DATE: PERIOD COVERED: (Month/Day) to (Month/Day)
I. Significant Events:
Provide summary of any meetings and/or discussions which transpired during current reporting period. Include the description of any decisions reached along with related project impacts. Also, provide summary of events (i.e. plan submittals, task completions, etc.) which have occurred during current reporting period.
II. Progress to Date:
Provide summary of percentage of design effort completed to date.
III. Anticipated Problem Areas:
Note any schedule slippage or pending items with description of impacts, if any, to remaining work.
Include name of person or agency with lead in resolving issues.
IV. Schedule:
Establish target dates of milestone events (i.e. plan check submittals, plan approvals, permit issuance, etc.). Note actual date of event occurrence as work progresses.
V. Upcoming Significant Events:
This section should be used to describe events or actions that are expected to occur during the next reporting period.
VI. Utility/Agency Coordination:
Provide summary of interface and/or coordination with any utility/agency impacting the project.
Describe general status of efforts along with summary of any meetings which have occurred during current reporting period. Include expected actions of utility/agency with names of those effecting the actions, and approval/acceptance dates for all utilities/agencies/entities affecting the project.
VII. General:
Use this section to cover any project-oriented topics not specifically covered above.
[END OF SCOPE OF SERVICES]
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RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 EXHIBIT “B”
FEE SCHEDULE / COMPENSATION
Hourly rates and charges shall remain fixed for the duration of the Master Agreement, and any extensions thereto, except for positions subject to prevailing wages set by the Department of Industrial Relations.
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RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 AGREEMENT - EXHIBIT “C”
WRITTEN DETERMINATION
(Page 1 of 2)
I, James Makshanoff, City Manager of the City of Pomona (“CITY”) have made the following determination with regard to economic interest disclosure requirements for (name of employee) an employee of [insert Name of Co Here, INCORPORATED], pursuant to the Conflict of Interest Code adopted by CITY:
[ X ] CONSULTANT shall disclose its economic interest pursuant to the broadest disclosure category in the Code. (CATEGORY I*)
[ ] CONSULTANT has been hired to perform a range of duties that are limited in scope and thus CONSULTANT is not required to comply with the broadest disclosure category requirements. Based on the Scope of Services set forth in Exhibit “A,” of the Agreement, CONSULTANT need only provide economic interest disclosure under the following categories*:
[ ] CATEGORY I: Business interests and Investments
[ ] CATEGORY II: Supply Sources
[ ] CATEGORY III: Contractors
[ ] CATEGORY IV: Geographic location
*A full explanation of each of these disclosure categories is found on page 2 of this Exhibit.
[ ] CONSULTANT is not required to comply with Disclosure requirements based on the following:
[ ] Duties of CONSULTANT under this AGREEMENT are not
applicable to Conflict of Interest Code
[ ] Other: __________________________________________________
Date: ______________________ _____________________________ Linda Lowry, City Manager
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RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573
WRITTEN DETERMINATION
(Page 2 of 2)
DESIGNATED EMPLOYEE CATEGORIES
I. This category applies to individuals that make, or participate in making, decisions that may have a material effect on their financial interest(s) in:
a. businesses in which the individual holds an investment or business position 1; b. sources of income; or
c. real property.
Individuals subject to this category need not disclose under Category II or III. Individuals subject to this category must disclose any of the following financial interests within the City and within two miles of City boundaries:
a. investments in business entities 2;
b. business positions held;
c. sources of income; and
d. interests in real property.
II. This category applies to individuals that make, or participate in making, decisions that involve the purchase of services, supplies, materials, machinery or equipment.
Individuals subject to this category must disclose any of the following financial interests in business entities which provide services, supplies, materials, machinery, equipment, or technology of the type utilized by the City:
a. investments in business entities;
b. business positions held; and
c. sources of income.
III. This category applies to individuals that make, or participate in making, decisions that involve contracting for services including, but not limited to:
a. professional services;
b. vendor services;
c. consulting services; and
d. contractor services.
Individuals subject to this category must disclose any of the following financial interests in business entities which provide contract services, of the type utilized by the City:
a. investments in business entities;
b. business positions held; and
c. sources of income.
IV. This category applies, as applicable, to commissioners. Individuals subject to this category must disclose:
a. all investments in, interest in, or income from, real property located within the jurisdiction of the respective board or commission and five hundred feet contiguous thereto; and b. all investments in, interest in, or income from, any business entity:
i. in which the person holds a business position; and
ii. that is either: A) within the jurisdiction of the respective board or commission and five hundred feet contiguous thereto; or B) conducted business within the jurisdiction of the respective board or commission and five hundred feet contiguous thereto, at any time during the two years prior to the date of filing the Statements of Economic Interest.
1 “Business positions” shall include, but not be limited to, a role as a director, officers, partner, trustee, employee, or any management position.
2 “Business entities” shall include, but not be limited to, sole proprietorships, partnerships, and corporations.
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RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 AGREEMENT - EXHIBIT “D”
INSURANCE REQUIREMENTS
CONSULTANT shall maintain throughout the duration of the term of the Agreement, Liability Insurance covering CONSULTANT and designating CITY, including its elected or appointed officials, directors, officers, authorized agents, and employees, as additional insureds against claims resulting in injury or damage to persons or property (both real and personal) caused by any aspect of CONSULTANT's work, in amounts no less than the following and with such deductibles as are ordinary and reasonable in keeping with industry standards. It shall be stated, in the Additional Insured Endorsement, that CONSULTANT's insurance policies shall be primary with respect to any claims related to or as the result of CONSULTANT's work. Any insurance, pooled coverage, or self-insurance maintained by CITY, its elected or appointed officials, directors, officers, authorized agents, and employees shall be non-contributory. The Additional Insured Endorsement shall not apply to the Professional Liability or Workers’ Compensation Insurance requirement.
Professional Liability Insurance:
a. General Aggregate $2,000,000 per claim and in the aggregate
General Liability:
a. General Aggregate $2,000,000
b. Products Comp/Op Aggregate $2,000,000
c. Personal & Advertising Injury $1,000,000
d. Each Occurrence $1,000,000
e. Fire Damage (any one fire) $50,000
f. Medical Expense (any one person) $5,000
Workers' Compensation:
a. Workers' Compensation Statutory Limits
b. EL Each Accident $1,000,000
c. EL Disease - Policy Limit $1,000,000
d. EL Disease - Each Employee $1,000,000
Automobile Liability
a. Any vehicle, combined single limit $1,000,000
CONSULTANT shall provide thirty (30) days advance notice to CITY in the event of cancellation of any coverage. Certificates of insurance and additional insured endorsements shall be furnished to CITY thirty (30) days prior to the effective date of this Agreement. Refusal to submit such certificates shall constitute a material breach of this Agreement entitling CITY to any and all remedies at law or in equity, including termination of this Agreement. If proof of insurance required under this Agreement is not delivered as required or if such insurance is canceled and not adequately replaced, CITY shall have the right but not the duty to obtain replacement insurance and to charge the CONSULTANT for any premium due for such coverage. CITY has the option to deduct any such premium from the sums due to the CONSULTANT.
Insurance is to be placed with insurers authorized and admitted to write insurance in California and with a current A.M. Best's rating of A-:VII or better. Acceptance of insurance from a carrier with a rating lower than A-:VII is subject to approval by CITY's Risk Manager.
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RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 EXHIBIT “E”
EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.
Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Pomona funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Pomona with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.
The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor.
This certification is made under the laws of the State of California.
Signature:
Printed Name:
Title:
Firm Name:
Date:
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RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573
ATTACHMENT A
CONCEPT MEDIAN PLAN (SAMPLE PLAN)
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RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573
ATTACHMENT B
LANDSCAPE CONCEPT PLAN (SAMPLE PLAN)
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RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573
ATTACHMENT C
DESIGN & CONSTRUCTION PLANS (SAMPLE PLANS)
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RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573
ATTACHMENT D
TRAFFIC STUDY (SAMPLE STUDY)
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RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573
ATTACHMENT E
TRAFFIC STUDY AREA
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RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573
ATTACHMENT F
TURNING MOVEMENTS ANALYSIS (SAMPLE PLANS)
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RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573
ATTACHMENT G
FEDERAL CONTRACT PROVISIONS
During the performance of this Contract, the Contractor shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit.
1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 –
CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
a. Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience.
b. Appendix II to Part 200 (C) – Equal Employment Opportunity: Except as otherwise provided under 41 C.F.R. Part 60, if this Contract meets the definition of a “federally assisted construction contract” in 41 C.F.R. § 60-1.3, then Contractor shall comply with the following equal opportunity clause, in accordance with Executive Order 11246 of September 24, 1965 entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967 and implementation regulations at 41 C.F.R. Chapter 60:
(i) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (ii) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor; state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(iii) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. (iv) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the DRAFT
RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (v) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(vi) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (vii) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(viii) The Contractor will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees DRAFT
RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. c. Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Contract since it is funded by the CLFRF.
d. Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to this Contract since it is funded by the CLFRF.
e. Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
(i) If this Contract is in excess of $100,000 and involves the employment of mechanics or laborers, Contractor shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
(ii) Overtime Requirements. No contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(iii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section.
(iv) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, DRAFT
RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section.
(v) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.
The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section.
f. Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement:
(i) If the Federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the non-Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by the Federal awarding agency.
(ii) The regulation at 37 C.F.R. § 401.2(a) currently defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph.
g. Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act: If this Contract is in excess of $150,000, Contractor shall comply with all applicable standards, orders, or requirements issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). (i) Pursuant to the Clean Air Act, (1) Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Contractor agrees to include these requirements in each subcontract exceeding $150,000. (ii) Pursuant to the Federal Water Pollution Control Act, (1) Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Contractor agrees to include these requirements in each subcontract exceeding $150,000.
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RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 h. Appendix II to Part 200 (H) – Debarment and Suspension: A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 C.F.R. part 1986 Comp., p. 189) and 12689 (3 C.F.R. part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
(i) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(ii) Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by City. If it is later determined that Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
(iv) Contractor warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Contractor also agrees to verify that all subcontractors performing work under this Contract are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Contractor further agrees to notify the City in writing immediately if Contractor or its subcontractors are not in compliance during the term of this Contract.
i. Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: If this Contract is in excess of $100,000, Contractor shall have submitted and filed the required certification pursuant to the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1353). If at any time during the Contract term funding exceeds $100,000.00, Contractor shall file with the City the Federal Standard Form LLL titled “Disclosure Form to Report Lobbying.” Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.
j. Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(i) Contractor shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining DRAFT
RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement.
(ii) In the performance of this Contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price.
(iii) Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”
k. Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:
(i) Contractor shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Contract. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(2) Telecommunications or video surveillance services provided by such entities or using such equipment.
(3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
(ii) See Public Law 115-232, section 889 for additional information. l. Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:
(i) Contractor shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not DRAFT
RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573 limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts (ii) For purposes of this section:
(1) “Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) a. Contractor shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. b. Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
(iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
(iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and
(v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.
Contractor shall submit evidence of compliance with the foregoing affirmative steps when requested by the City.
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RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573
ATTACHMENT H
CLEAN CALIFORNIA GRANT GUIDELINES
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RKA Consulting Group – Professional Civil Engineering Agreement with City of Pomona, 428-68573
ATTACHMENT I
AMERICAN RESCUE PLAN ACT GUIDELINES
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