HomeMy WebLinkAboutCO 2025-104 - Kimley-Horn City of Rancho Cucamonga
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2025-104
AGREEMENT FOR
DESIGN PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this 16th day of July,
2025, by and between the City of Rancho Cucamonga, a municipal corporation
("City") and Kimley-Horn and Associates, Incorporated, a North Carolina
Corporation ("Consultant").
RECITALS
A. City has heretofore issued its request for proposals to perform the
following design professional services: Professional Civil Design and Construction
Support Services for Almond Street Improvements ("the Project").
B. Consultant has submitted a proposal to perform the professional services
described in Recital "A", above, necessary to complete the Project.
C. City desires to engage Consultant to complete the Project in the manner
set forth and more fully described herein.
D. Consultant represents that it is fully qualified and licensed under the laws
of the State of California to perform the services contemplated by this Agreement in a
good and professional manner.
AGREEMENT
NOW, THEREFORE, in consideration of performance by the parties of the
mutual promises, covenants, and conditions herein contained, the parties hereto agree as
follows:
1. Consultant's Services.
1.1 Scope and Level of Services. Subject to the terms and conditions
set forth in this Agreement, City hereby engages Consultant to perform all technical and
design professional services described in Recitals "A" and "B" above, including, but not
limited to Full roadway improvement plans, including curb and gutter, sidewalks,
driveways, storm drain, retaining walls and equestrian trail, all as more fully set forth in
the Consultant's proposal, dated July 2, 2025 and entitled "Scope of Work", attached
hereto as Exhibit"A", and incorporated by reference herein. The nature, scope, and level
of the services required to be performed by Consultant are set forth in the Scope of Work
and are referred to herein as "the Services." In the event of any inconsistencies between
the Scope of Work and this Agreement, the terms and provisions of this Agreement shall
control.
1.2 Revisions to Scope of Work. Upon request of the City, the
Consultant will promptly meet with City staff to discuss any revisions to the Project
desired by the City. Consultant agrees that the Scope of Work may be amended based
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upon said meetings, and, by amendment to this Agreement, the parties may agree on a
revision or revisions to Consultant's compensation based thereon. A revision pursuant to
this Section that does not increase the total cost payable to Consultant by more than ten
percent (10%) of the total compensation specified in Section 3, may be approved in
writing by City's City Manager without amendment.
1.3 Time for Performance. Consultant shall perform all services under
this Agreement in a timely, regular basis consistent with industry standards for
professional skill and care, and in accordance with any schedule of performance set forth
in the Scope of Work, or as set forth in a "Schedule of Performance", if such Schedule is
attached hereto as Exhibit`B".
1.4 Standard of Care. As a material inducement to City to enter into
this Agreement, Consultant hereby represents that it has the experience necessary to
undertake the services to be provided. In light of such status and experience, Consultant
hereby covenants that it shall follow the customary professional standards in performing
the Services.
1.5 Familiarity with Services. By executing this Agreement,
Consultant represents that, to the extent required by the standard of practice, Consultant
(a) has investigated and considered the scope of services to be performed, (b) has
carefully considered how the services should be performed, and (c) understands the
facilities, difficulties and restrictions attending performance of the services under this
Agreement. Consultant represents that Consultant, to the extent required by the standard
of practice, has investigated any areas of work, as applicable, and is reasonably
acquainted with the conditions therein. Should Consultant discover any latent or
unknown conditions, which will materially affect the performance of services, Consultant
shall immediately inform City of such fact and shall not proceed except at Consultant's
risk until written instructions are received from the City Representative.
2. Term of Agreement. The term of this Agreement shall be three (3) year
and shall become effective as of the date of the mutual execution by way of both parties'
signature (the "Effective Date"). No work shall be conducted; service or goods will not
be provided until this Agreement has been executed and requirements have been
fulfilled.
Parties to this Agreement shall have the option to renew in one (1) year
increments to a total of three (3) years, unless sooner terminated as provided in Section
14 herein. Options to renew are contingent upon the City Manager's approval, subject to
pricing review, and in accordance to all Terms and Conditions stated herein unless
otherwise provided in writing by the City.
3. Compensation.
3.1 Compensation. City shall compensate Consultant as set forth in
Exhibit A, provided, however, that full, total and complete amount payable to Consultant
shall not exceed $252,005 (Two hundred Fifty-Two Thousands and Five Dollars),
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including all out of pocket expenses, unless additional compensation is approved by the
City Council. City shall not withhold any federal, state or other taxes, or other
deductions. However, City shall withhold not more than ten percent (10%) of any
invoice amount pending receipt of any deliverables reflected in such invoice. Under no
circumstance shall Consultant be entitled to compensation for services not yet
satisfactorily performed.
The parties further agree that compensation may be adjusted in accordance
with Section 1.2 to reflect subsequent changes to the Scope of Services. City shall
compensate Consultant for any authorized extra services as set forth in Exhibit A.
4. Method of Payment.
4.1 Invoices. Consultant shall submit to City monthly invoices for the
Services performed pursuant to this Agreement. The invoices shall describe in detail the
Services rendered during the period and shall separately describe any authorized extra
services. Any invoice claiming compensation for extra services shall include appropriate
documentation of prior authorization of such services. All invoices shall be remitted to
the City of Rancho Cucamonga, California.
4.2 City shall review such invoices and notify Consultant in writing
within ten (10) business days of any disputed amounts.
4.3 City shall pay all undisputed portions of the invoice within thirty
(30) calendar days after receipt of the invoice up to the not-to-exceed amounts set forth in
Section 3.
4.4 All records, invoices, timecards, cost control sheets and other
records maintained by Consultant relating to services hereunder shall be available for
review and audit by the City.
5. Representatives.
5.1 City Representative. For the purposes of this Agreement, the
contract administrator and City's representative shall be Marlena Perez, Principal
Engineer, or such other person as designated in writing by the City ("City
Representative"). It shall be Consultant's responsibility to assure that the City
Representative is kept informed of the progress of the performance of the services, and
Consultant shall refer any decisions that must be made by City to the City Representative.
Unless otherwise specified herein, any approval of City required hereunder shall mean
the approval of the City Representative.
5.2 Consultant Representative. For the purposes of this Agreement,
Sri Chakravarthy is hereby designated as the principal and representative of Consultant
authorized to act in its behalf with respect to the services specified herein and make all
decisions in connection therewith ("Consultant's Representative"). It is expressly
understood that the experience, knowledge, capability and reputation of the Consultant's
Representative were a substantial inducement for City to enter into this Agreement.
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Therefore, the Consultant's Representative shall be responsible during the term of this
Agreement for directing all activities of Consultant and devoting sufficient time to
personally supervise the services hereunder. Consultant may not change the Responsible
Principal without the prior written approval of City.
6. Consultant's Personnel.
6.1 All Services shall be performed by Consultant or under
Consultant's direct supervision, and all personnel shall possess the qualifications,
permits, and licenses required by State and local law to perform such Services, including,
without limitation, a City business license as required by the City's Municipal Code.
6.2 Consultant shall be solely responsible for the satisfactory work
performance of all personnel engaged in performing the Services and compliance with
the standard of care set forth in Section 1.4.
6.3 Consultant shall be responsible for payment of all employees' and
subcontractors' wages and benefits, and shall comply with all requirements pertaining to
employer's liability, workers' compensation, unemployment insurance, and Social
Security. By its execution of this Agreement, Consultant certifies that it is aware of the
provisions of Section 3700 of the California Labor Code that require every employer to
be insured against liability for Worker's Compensation or to undertake self-insurance in
accordance with the provisions of that Code, and agrees to comply with such provisions
before commencing the performance of the Services.
6.4 Consultant shall indemnify, defend and hold harmless City and its
elected officials, officers and employees, servants, designated volunteers, and agents
serving as independent contractors in the role of City officials, from any and all liability,
damages, claims, costs and expenses of any nature to the extent arising from Consultant's
violations of personnel practices and/or any violation of the California Labor Code. City
shall have the right to offset against the amount of any fees due to Consultant under this
Agreement any amount due to City from Consultant as a result of Consultant's failure to
promptly pay to City any reimbursement or indemnification arising under this Section 6.
7. Ownership of Work Product.
7.1 Ownership. All documents, ideas, concepts, electronic files,
drawings, photographs and any and all other writings, including drafts thereof, prepared,
created or provided by Consultant in the course of performing the Services, including any
and all intellectual and proprietary rights arising from the creation of the same
(collectively, "Work Product"), are considered to be "works made for hire" for the
benefit of the City. Upon payment being made, and provided Consultant is not in breach
of this Agreement, all Work Product shall be and remain the property of City without
restriction or limitation upon its use or dissemination by City. Basic survey notes,
sketches, charts, computations and similar data prepared or obtained by Consultant under
this Agreement shall, upon request, be made available to City. None of the Work Product
shall be the subject of any common law or statutory copyright or copyright application by
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Consultant. In the event of the return of any of the Work Product to Consultant or its
representative, Consultant shall be responsible for its safe return to City. Under no
circumstances shall Consultant fail to deliver any draft or final designs, plans, drawings,
reports or specifications to City upon written demand by City for their delivery,
notwithstanding any disputes between Consultant and City concerning payment,
performance of the contract, or otherwise. This covenant shall survive the termination of
this Agreement. City's reuse of the Work Product for any purpose other than the Project,
shall be at City's sole risk.
7.2. Assignment of Intellectual Property Interests: Upon execution of
this Agreement and to the extent not otherwise conveyed to City by Section 7.1, above,
the Consultant shall be deemed to grant and assign to City, and shall require all of its
subcontractors to assign to City, all ownership rights, and all common law and statutory
copyrights, trademarks, and other intellectual and proprietary property rights relating to
the Work Product and the Project itself, and Consultant shall disclaim and retain no rights
whatsoever as to any of the Work Product, to the maximum extent permitted by law.
City shall be entitled to utilize the Work Product for any and all purposes, including but
not limited to constructing, using, maintaining, altering, adding to, restoring, rebuilding
and publicizing the Project or any aspect of the Project.
7.3 Title to Intellectual Property. Consultant warrants and represents
that it has secured all necessary licenses, consents or approvals to use any
instrumentality, thing or component as to which any intellectual property right exists,
including computer software, used in the rendering of the Services and the production of
the Work Product and/or materials produced under this Agreement, and that City has full
legal title to and the right to reproduce any of the Work Product. Consultant shall defend,
indemnify and hold City, and its elected officials, officers, employees, servants,
attorneys, designated volunteers, and agents serving as independent contractors in the
role of City officials, harmless from any loss, claim or liability in any way related to a
claim that City's use is violating federal, state or local laws, or any contractual
provisions, relating to trade names, licenses, franchises, patents or other means of
protecting intellectual property rights and/or interests in products or inventions.
Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret
or trademarked documents, materials, software, equipment, devices or processes used or
incorporated in the Services and materials produced under this Agreement. In the event
City's use of any of the Work Product is held to constitute an infringement and any use
thereof is enjoined, Consultant, at its expense, shall: (a) secure for City the right to
continue using the Work Product by suspension of any injunction or by procuring a
license or licenses for City; or (b) modify the Work Product so that it becomes non-
infringing. This covenant shall survive the termination of this Agreement.
8. Status as Independent Contractor. Consultant is, and shall at all times
remain as to City, a wholly independent contractor. Consultant shall have no power to
incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of
City. Neither City nor any of its agents shall have control over the conduct of Consultant
or any of Consultant's employees, except as set forth in this Agreement. Consultant shall
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not, at any time, or in any manner, represent that it or any of its officers, agents or
employees are in any manner employees of City. Consultant shall pay all required taxes
on amounts paid to Consultant under this Agreement, and to defend, indemnify and hold
City harmless from any and all taxes, assessments, penalties, and interest asserted against
City by reason of the independent contractor relationship created by this Agreement.
Consultant shall fully comply with the workers' compensation law regarding Consultant
and Consultant's employees.
9. Confidentiality. Consultant may have access to financial, accounting,
statistical, and personnel data of individuals and City employees. Consultant covenants
that all data, documents, discussion, or other information developed or received by
Consultant or provided for performance of this Agreement are confidential and shall not
be disclosed by Consultant without prior written authorization by City. City shall grant
such authorization if applicable law requires disclosure. All City data shall be returned to
City upon the termination of this Agreement. Consultant's covenant under this Section
shall survive the termination of this Agreement. This provision shall not apply to
information in whatever form that is in the public domain, nor shall it restrict the
Consultant from giving notices required by law or complying with an order to provide
information or data when such an order is issued by a court, administrative agency or
other legitimate authority, or if disclosure is otherwise permitted by law and reasonably
necessary for the Consultant to defend itself from any legal action or claim.
10. Conflict of Interest.
10.1 Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the Services, or which
would conflict in any manner with the performance of the Services. Consultant further
covenants that, in performance of this Agreement, no person having any such interest
shall be employed by it. Furthermore, Consultant shall avoid the appearance of having
any interest, which would conflict in any manner with the performance of the Services.
Consultant shall not accept any employment or representation during the term of this
Agreement which is or may likely make Consultant "financially interested" (as provided
in California Government Code §§1090 and 87100) in any decision made by City on any
matter in connection with which Consultant has been retained. Consultant or its
employees may be required to disclose financial interests that may foreseeably be
materially affected by the work performed under this Agreement pursuant to California
Government Code § 87100 et seq and regulations promulgated by the Fair Political
Practices Commission.
10.2 Consultant further represents that it has not employed or retained
any person or entity, other than a bona fide employee working exclusively for Consultant,
to solicit or obtain this Agreement. Consultant has not paid or agreed to pay any person
or entity, other than a bona fide employee working exclusively for Consultant, any fee,
commission, gift, percentage, or any other consideration contingent upon the execution of
this Agreement. Upon any breach or violation of this warranty.. City shall have the right,
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at its sole and absolute discretion, to terminate this Agreement without further liability, or
to deduct from any sums payable to Consultant hereunder the full amount or value of any
such fee, commission, percentage or gift.
10.3 Consultant has no knowledge that any officer or employee of City
has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise,
in this transaction or in the business of Consultant, and that if any such interest comes to
the knowledge of Consultant at any time during the term of this Agreement, Consultant
shall immediately make a complete, written disclosure of such interest to City, even if
such interest would not be deemed a prohibited "conflict of interest" under applicable
laws as described in subsection 10.1.
11. Indemnification.
11.1 Design Professional Services. To the fullest extent permitted by
law, the Consultant shall, at its sole cost and expense, indemnify, defend, and hold
harmless the City, its elected officials, officers, attorneys, agents, employees, designated
volunteers, successors, assigns and those City agents serving as independent contractors
in the role of City officials (collectively "Indemnitees" in this Section 11.0), from and
against any and all damages, costs, expenses, liabilities, claims, demands, causes of
action, proceedings,judgments, penalties, liens, stop notices, and losses of any nature
whatsoever, including fees of accountants and other professionals, and all costs
associated therewith, and reimbursement of attorneys' fees and costs of defense
(collectively "Claims"), whether actual, alleged or threatened, to the extent arising out of,
pertaining to, or relating to, in whole or in part, the negligence, recklessness or willful
misconduct of the Consultant, and/or its officers, agents, servants, employees,
subcontractors, contractors or their officers, agents, servants or employees (or any entity
or individual for which or whom the Consultant shall bear legal liability) in the
performance of design professional services under this Agreement by a"design
professional," as the term is defined in California Civil Code § 2782.8(c). The
indemnification obligation herein shall not in any way be limited by the insurance
obligations contained in this Agreement. Notwithstanding the foregoing and as required
by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is
charged to Consultant exceed Consultant's proportionate percentage of fault.
11.2 Other Indemnities. With respect to claims and liabilities which do
not arise in connection with the performance of professional services by a"design
professional", as that term is defined in California Civil Code Section 2782.8(c),
including, but not limited to, those claims and liabilities normally covered by commercial
general and/or automobile liability insurance, and to the maximum extent permitted by
law, Consultant shall, at its sole cost and expense, protect, defend,hold harmless and
indemnify the Indemnitees from and against any and all damages, costs, expenses,
liabilities, claims, demands, causes of action,proceedings,judgments, penalties, liens,
stop notices, and losses of any nature whatsoever, including fees of accountants,
attorneys and other professionals, and all costs associated therewith, and the payment of
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all consequential damages (collectively "Damages"), in law or equity, whether actual,
alleged or threatened, which arise out of,pertain to, or relate to the acts or omissions of
Consultant, its officers, agents, servants, employees, subcontractors, materialmen,
suppliers, or contractors, or their officers, agents, servants or employees (or any entity or
individual for which or whom Consultant shall bear legal liability) in the performance of
this Agreement, except to the extent the Damages arise from the active or sole negligence
or willful misconduct of any of the Indemnitees, as determined by final arbitration or
court decision or by the agreement of the Parties. Consultant shall defend the
Indemnitees in any action or actions filed in connection with any Damages with counsel
of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys'
fees and experts' costs as they are actually incurred in connection with such defense.
Consultant shall reimburse the Indemnitees for any and all legal expenses and costs
incurred by the Indemnitees in connection therewith. The indemnification obligation
herein shall not in any way be limited by the insurance obligations contained in this
Agreement.
. 11.3 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that
they may possess against Consultant because of the acceptance by City, or the deposit
with City, of any insurance policy or certificate required pursuant to this Agreement.
11.4 Waiver of Right of Subrogation. Except as otherwise expressly
provided in this Agreement, Consultant, on behalf of itself and all parties claiming under
or through it, hereby waives all rights of subrogation against the Indemnitees, while
acting within the scope of their duties, from all claims, losses and liabilities arising out of
or incident to activities or operations performed by or on behalf of the Consultant.
11.5 Survival. The provisions of this Section 11 shall survive the
termination of the Agreement and are in addition to any other rights or remedies which
Indemnitees may have under the law. Payment is not required as a condition precedent to
an Indemnitee's right to recover under this indemnity provision, and an entry of judgment
against Consultant shall be conclusive in favor of the Indemnitee's right to recover under
this indemnity provision.
12. Insurance.
12.1 Liability Insurance. Consultant shall procure and maintain in full
force and effect for the duration of this Agreement, insurance against claims for injuries
to persons or damages to property which may arise from or in connection with the
performance of the services hereunder by Consultant, and/or its agents, representatives,
employees and subcontractors.
12.2 Minimum Scope of Insurance. Unless otherwise approved by City,
coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability
coverage (occurrence form CG 0001).
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(2) Insurance Services Office form number CA 0001 (Ed.
1/87) covering Automobile Liability, code 1 (any auto).
(3) Worker's Compensation insurance as required by the State
of California, and Employer's Liability Insurance.
(4) Professional Liability insurance in a form approved by the
City, having an extended reporting period of not less than
three (3) years after completion of the Services which shall
provide protection against claims of professional
negligence arising out of Consultant's performance of the
Services and otherwise complying with all applicable
provisions of this Section 12.
12.3 Minimum Limits of Insurance. Consultant shall maintain limits no
less than:
(1) Commercial General Liability: $2,000,000 per occurrence
for bodily injury, personal injury and property damage.
Commercial General Liability Insurance with a general
aggregate limit shall apply separately to this Agreement or
the general limit shall be twice the required occurrence
limit.
(2) Automobile Liability: $2,000,000 per accident for bodily
injury and property damage.
(3) Employer's Liability: $1,000,000 per accident and in the
aggregate for bodily injury or disease and Workers'
Compensation Insurance in the amount required by law.
(4) Professional Liability: $2,000,000 per occurrence
$3,000,000 per aggregate.
(5) The Insurance obligations under this agreement shall be the
greater of(i) the Insurance coverages and limits carried by
the Contractor; or (ii) the minimum insurance requirements
shown in this Agreement. Any insurance proceeds in
excess of the specified limits and coverage required which
are applicable to a given loss, shall be available to the City.
No representation is made that the minimum insurance
requirements of this Agreement are sufficient to cover the
obligations of the Contractor under this Agreement.
12.4 Deductibles and Self-Insured Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the City and shall not reduce the
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limits of coverage. City reserves the right to obtain a full certified copy of any required
insurance policy and endorsements.
12.5 Other Insurance Provisions.
(1) The commercial general liability and automobile liability
policies are to contain the following provisions on a
separate additionally insured endorsement naming the City,
its officers, officials, employees, designated volunteers and
agents serving as independent contractors in the role of
City officials as additional insureds as respects: liability
arising out of activities performed by or on behalf of
Consultant; products and completed operations of
Consultant; premises owned, occupied or used by
Consultant; and/or automobiles owned, leased, hired or
borrowed by Consultant. The coverage shall contain no
limitations on the scope of protection afforded to Cites
officers, officials, employees, designated volunteers or
agents serving as independent contractors in the role of
City officials which are not also limitations applicable to
the named insured.
(2) For any claims related to this Agreement, Consultant's
insurance coverage, with the exception of professional
liability, employers' liability, and workers compensation,
shall be primary insurance as respects City, its officers,
officials, employees, designated volunteers and agents
serving as independent contractors in the role of City or
officials. Any insurance or self-insurance maintained by
City, its officers, officials, employees, designated
volunteers or agents serving as independent contractors in
the role of City officials shall be excess of Consultant's
insurance and shall not contribute with it.
(3) Consultant's insurance shall apply separately to each
insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer's liability.
(4) Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be canceled except
after 30 days prior written notice by first class mail has
been given to City (ten (10) days prior written notice for
non-payment of premium). Consultant shall provide thirty
(30) days written notice to City prior to implementation of
a reduction of limits or material change of insurance
coverage as specified herein.
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(5) Each insurance policy, required by this clause shall
expressly waive the insurer's right of subrogation against
City and its elected officials, officers, employees, servants,
attorneys, designated volunteers, and agents serving as
independent contractors in the role of City officials.
(6) Each policy shall be issued by an insurance company
approved in writing by City, which is admitted and licensed
to do business in the State of California and which is rated
A:VII or better according to the most recent A.M. Best Co.
Rating Guide.
(7) Each policy shall specify that any failure to comply with
reporting or other provisions of the required policy, including
breaches of warranty, shall not affect the coverage required
to be provided.
(8) Each policy, with the exception of professional liability, shall
specify that any and all costs of adjusting and/or defending
any claim against any insured, including court costs and
attorneys' fees, shall be paid in addition to and shall not
deplete any policy limits.
(9) Contractor shall provide any and all other required insurance,
endorsements, or exclusions as required by the City in any
request for proposals applicable to this Agreement.
12.6 Evidence of coverage.Prior to commencing performance under this
Agreement, the Consultant shall furnish the City with certificates and original
endorsements, or copies of each required policy, effecting and evidencing the insurance
coverage required by this Agreement including (1) Additional Insured Endorsement(s),
(2) Worker's Compensation waiver of subrogation endorsement, and (3) General liability
declarations or endorsement page listing all policy endorsements. The endorsements
shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf.
All endorsements or policies shall be received and approved by the City before
Consultant commences performance. If performance of this Agreement shall extend
beyond one year, Consultant shall provide City with the required policies or
endorsements evidencing renewal of the required policies of insurance prior to the
expiration of any required policies of insurance.
12.7 Contractor agrees to include in all contracts with all subcontractors
performing work pursuant to this Agreement, the same requirements and provisions of
this Agreement including the indemnity and insurance requirements to the extent they
apply to the scope of any such subcontractor's work. Contractor shall require its
subcontractors to be bound to Contractor and City in the same manner and to the same
extent as Contractor is bound to City pursuant to this Agreement, and to require each of
its subcontractors to include these same provisions in its contract with any sub-
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subcontractor.
13. Cooperation. In the event any claim or action is brought against City
relating to Consultant's performance or services rendered under this Agreement,
Consultant shall render any reasonable assistance and cooperation that City might
require. City shall compensate Consultant for any litigation support services in an
amount to be agreed upon by the parties.
14. Termination. City shall have the right to terminate this Agreement at any
time for any or no reason on not less than ten (10) days prior written notice to
Consultant. In the event City exercises its right to terminate this Agreement, City shall
pay Consultant for any services satisfactorily rendered prior to the effective date of the
termination, provided Consultant is not then in breach of this Agreement. Consultant
shall have no other claim against City by reason of such termination, including any claim
for compensation. City may terminate for cause following a default remaining uncured
more than five (5) business days after service of a notice to cure on the breaching party.
Consultant may terminate this Agreement for cause upon giving the City ten (10)
business days prior written notice for any of the following: (1) uncured breach by the
City of any material term of this Agreement, including but not limited to Payment
Terms; (2) material changes in the conditions under which this Agreement was entered
into, coupled with the failure of the parties to reach accord on the fees and charges for
any Additional Services required because of such changes.
15. Notices. Any notices, bills, invoices, or reports authorized or required by
this Agreement shall be in writing and shall be deemed received on (a) the day of
delivery if delivered by hand or overnight courier service during Consultant's and City's
regular business hours; or (b) on the third business day following deposit in the United
States mail, postage prepaid, to the addresses set forth in this Section, or to such other
addresses as the parties may, from time to time, designate in writing pursuant to the
provisions of this Section.
All notices shall be addressed as follows:
If to City: Rancho Cucamonga Engineering Department
Marlena Perez, Principal Engineer
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
If to Consultant: Kimley-Horn and Associates,Incorporated
Sri Chakravarthy, Vice President
660 South Figueroa Street
Suite 2050
Los Angeles, CA90017
16. Non-Discrimination and Equal Employment Opportunity. In the
performance of this Agreement.. Consultant shall not discriminate against any employee,
PSA with professional liability insurance(Design) Page 12
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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, and that employees are treated during
employment, without regard to their race, color, creed, religion, sex, marital status,
national origin, ancestry, age., physical or mental handicap, medical condition, or sexual
orientation.
17. Assignment and Subcontracting. Consultant shall not assign or transfer
any interest in this Agreement or subcontract the performance of any of Consultant's
obligations hereunder without City's prior written consent. Except as provided herein,
any attempt by Consultant to so assign, transfer, or subcontract any rights, duties, or
obligations arising hereunder shall be null, void and of no effect.
18 Compliance with Laws. Consultant shall comply with all applicable
federal, state and local laws, ordinances, codes and regulations in force at the time
Consultant performs the Services. 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 if the total compensation is $1,000 or more, Consultant agrees to fully comply
with such Prevailing Wage Laws. The applicable prevailing wage rate determinations
can be found at httr)://www.dir.ca,Gov/dlsr/l:)PreWa(-,eDeterminatioii.litii-i
Consultant shall make copies of the prevailing rates of per them wages for each craft,
classification or type. of worker needed to execute the Services available to interested
parties upon request, and shall post copies at the Consultant's principal place of business
and at the Project site. Consultant shall defend, indemnify and hold the City, its elected
officials, officers, employees and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
19. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall the
making by City of any payment to Consultant constitute or be construed as a waiver by
City of any breach of covenant, or any default which may then exist on the part of
Consultant, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
20. Attorney's Fees. In the event that either party to this Agreement shall
commence any legal action or proceeding to enforce or interpret the provisions of this
Agreement, the prevailing party in such action or proceeding shall be entitled to recover
its costs of suit, including reasonable attorney's fees and costs of experts.
21. Exhibits; Precedence. All documents referenced as exhibits in this
Agreement are hereby incorporated in this Agreement. In the event of any material
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discrepancy between the express provisions of this Agreement and the provisions of any
document incorporated herein by reference, the provisions of this Agreement shall
prevail.
22. Applicable Law and Venue. The validity, interpretation, and
performance of this Agreement shall be controlled by and construed under the laws of the
State of California. Venue for any action relating to this Agreement shall be in the San
Bernardino County Superior Court.
23. Construction. In the event of any asserted ambiguity in, or dispute
regarding the interpretation of any matter herein, the interpretation of this Agreement
shall not be resolved by any rules of interpretation providing for interpretation against the
party who causes the uncertainty to exist or against the party who drafted the Agreement
or who drafted that portion of the Agreement.
24. Entire Agreement. This Agreement consists of this document, and any
other documents, attachments and/or exhibits referenced herein and attached hereto, each
of which is incorporated herein by such reference, and the same represents the entire and
integrated agreement between Consultant and City. This Agreement supersedes all prior
oral or written negotiations, representations or agreements. This Agreement may not be
amended, nor any provision or breach hereof waived, except in a writing signed by the
parties which expressly refers to this Agreement.
IN WITNESS WHEREOF, the parties,through their respective authorized
representatives, have executed this Agreement as of the date first written above.
Consultant Name: Kimley-Horn and Associates, City o ?��q ehR.Cucamonga
Inc0j4qrA4, 9�, Sz e
c By . 8/11/2025 1 1226 PM PDT
By: J �� 8/5/2025 1:34 PM PDT Name L. Dennis Michael Date
Name Date
Mayor/President
Sri Chakravarthy, Senior Vice President, PE 73629 Title
Title
Signed by: City of Rancho Cucamonga
B C�6WPA AA
L�ra'St,�u.a�'/6/2025 1 8:39 AM PDT
Y By:
Name Date Name Date
Assistant Secretary, PE 83100
Title Title
(two signatures required if corporation)
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EXHIBIT "A-1"
REQUEST FOR PRPOSAL
PSA with professional liability insurance(Design) Page 15
Gast Revised:01/1112018
Docusign Envelope ID:E6CD5717-13FC-4DF5-A9F2-E14BOBD94849 Mayor L.Dennis Michael I Mayor Pro Tern Lynne B.Kennedy
Council Members Ryan A.Hutchison,Kristine D.Scott,Sam Spagnolo
City ManagerJohn R.Gillison
10500 Civic Center Drive I Rancho Cucamonga,CA 91730 1909.477.2700 1 www.CityofRC.us
May 15, 2025
Civil On-Call Consultants
SUBJECT: REQUEST FOR SCOPE AND FEE -CIVIL DESIGN SERVICES FOR THE
ALMOND STREET IMPROVEMENTS PROJET
To Whom It May Concern,
The City is seeking proposals from our On-Call Civil Consultants for final design and construction
support services for the Almond Street Improvements Project (Project). This Project has been
planned and budgeted for design and construction in Fiscal Year 2025/26. If your firm is interested
in being considered for this Project, please provide a scope and fee, for design and construction
support as described below by June 12, 2025. If you are not interested in being considered for
this Project and will not be submitting a proposal, please notify me by May 22, 2025.
The proposals should include your project understanding and approach, a detailed scope of work
(including assumptions, exclusions and deliverables), a project schedule, and a detailed fee
breakdown with hourly estimates by task. The proposals do not need to include representative
projects, references or project team resumes. The page limit for the proposal is 20 pages.
The Project will construct a new 36' local roadway,Almond Street,to connect the missing segment
between Carnelian Street and Via Verde Street. The vicinity map and conceptual layout are
shown in the following exhibits. The project must be ready to bid by October 2025.
The Project scope will include the following:
0 36' local roadway including curb and gutter
0 Driveway access for properties adjacent to Almond Street
® Equestrian trail and sidewalks
® New storm drain
0 Retaining walls, if necessary
® Water line upgrade (to be designed by CVWD)
® Street lighting (listed as an optional task)
Your scope should include the following tasks at a minimum. Other tasks that you may deem
necessary can be submitted as part of your scope and fee for City consideration.
Drainage study and storm drain design, including reviews by San Bernardino County
Flood Control District
Docusign Envelope ID:E6CD5717-13FC-4DF5-A9F2-E14BOBD94849 Mayor L.Dennis Michael I Mayor Pro Tern Lynne B.Kennedy
Council Members Ryan A.Hutchison,Kristine D.Scott,Sam Spagnolo
City Manager John R.Gillison
10500 Civic Center Drive I Rancho Cucamonga,CA 91730 1 909.477.2700 1 www.CityofRC.us
® Investigations, field research, and records research such as reviewing as-builts and
geotechnical investigations as deemed necessary
• Utility coordination-the water main upgrade will be designed by CVWD but the Consultant
will be responsible for coordinating the design and combining the CVWD plans and specs
as part of the Project bid documents
• Final Plans (1" =40' scale) and Engineer's Estimate including submittals at 30%, 60% and
100% for City review
• Project Specifications— including preparation of the bid package
• Bid Support and Construction Support
The City has already completed the following tasks and these items will be provided to the
selected Consultant for your use:
® Right of way base map plotted in AutoCAD, including title reports
• Topographical survey in AutoCAD
® Environmental document including permits from the Regional Water Quality Control Board
and California Department of Fish and Wildlife
The City will be responsible for all aspects of public engagement and coordinating with property
owners. Due to the sensitivity of this Project, please do not discuss any of the above
information if approached by the public.
Questions, comments, and correspondence should be directed to me at (909) 774-4070 or by
email at romeo.davidp_cityofrc.us
Sincerely, ENGINEERING SERVICES DEPARTMENT
xez�,P;1� Z�Ia4l-ed
Romeo David
Associate Engineer
Docusign Envelope ID:E6CD5717-13FC-4DF5-A9F2-E14BOBD94849 Mayor L.Dennis Michael I Mayor Fro Tern Lynne B.Kennedy
Council Members Ryan A.Hutchison,Kristine D.Scott,Sam Spagnolo
City ManagerJohn R.Gillison
10500 Civic Center Drive I Rancho Cucamonga,CA 91730 ( 909.477.2700 www.CityofRC.us
Exhibit A: Vicinity Map
v:
Legond
k1-6 StreEt Extxasmn(f6@ wiaet
Cia*or RanUrn Cucamcn�a Pareel�.
A Ftcyen Site „{
Docusign Envelope ID:E6CD5717-13FC-4DF5-A9F2-E14BOBD94849 Mayor L.Dennis Michael I Mayor Pro Tern Lynne B.Kennedy
Council Members Ryan A.Hutchison,Kristine D.Scott,Sam Spagnolo
City Manager-John R.Gillison
10500 Civic Center Drive I Rancho Cucamonga,CA 91730 909.477.2700 www.CityofRC.us
Exhibit B: Conceptual Design
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Docusign Envelope ID:E6CD5717-13FC-4DF5-A9F2-E14BOBD94849
EXHIBIT "A-2"
CONSULTANT PROPOSAL
PSA iritlr Professional liability insurance(Design) Page 16
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July Z, 2U25
Mr. Romeo David, Associate Engineer
City of Rancho Cucamonga
lO58U Civic Center Drive
Rancho Cucamonga, CA917Z9-Q8O7
RE: Proposal for Professional Design Services for Almond Street Improvements Project—yia
Verde Street to Carnelian Street
Dear Romeo,
Kim|ey-Horn and Associates, Inc. (Kim|ey-Horn) is pleased to submit this proposal to provide civil
engineering design and construction support services for the Almond Street Extension Project(Project)to
the City ofRancho Cucamonga (City). The proposed improvements include the design of approximately
800 linear feet (LF) of new local roadway between Carnelian Street and Via Verde Street. The scope
includes curb and gutter, sidewalks, equestrian trail, driveways, storm drain infrastructure, and
coordination for potential water and utility upgrades. Retaining walls will be considered only where
necessary.
Organizational Chart
City Of
Rancho Cucamonga
Brandon Chen,PE Angelo Pastelin,PE Prasad Katsuri,PE
Dann Duong,PE,QSD/P Matt Stewart,PE Patdck Wong,CPD,QSD/fP;ENV SP
Andrew Sanford,PE(Structures)
Nom1yAd|| EK
' Bold=Key Personnel
Ninyo&Moore(GeoteoAnioal)
oucuoign Envelope ID:E6Co571/'13pC-4or5-A9r2-E/4e000e*8*e
Almond Street Extension Proposal—Via Verde Street toCame|ianStreet
Project Understanding and Approach
Project Understanding
Almond Street |s currently a discontinuous corridor, with the unbui|t segment existing asa dirt pathway
adjacent to private properties. This undeveloped stretch is characterized by natural vegetation, fencing,
and utility infrastructure. The City of Rancho Cucamonga intends to improve this corridor into a fully
accessible public roadway that meets current design standards. This extension will improve circulation
and accessibility in the neighborhood by creating a direct connection between Carnelian Street and Via
Verde Street.The Project will also create a secondary emergency evacuation route for the northwest area
(Alta Loma) of the City.
To adequately assess existing site conditions and identify design challenges, Kimley-Horn team conducted
a field visit along the full Almond Street Extension corridor. The site walk helped us evaluate physical
constraints that will directly impact grading, drainage, and alignment decisions. Several key observations
were noted and are shown in the photos below.
Figure 1: Looking East Figure 2:Looking South
Corridor Regrading and Property Impacts(North Side)
Figure 1 shows uneven terrain along the unpaved roadway with existing fence lines encroaching into the
existing right-of-way. To establish a consistent roadway width and proper cross slopes, portions of the
properties on the north side will require regrading toa stabilized slope endjointo the existing.Fence lines
and trees in this area may need to be relocated or adjusted to accommodate the proposed improvements.
VVedo not anticipate any adjustments to the existing right ofway.
Drainage Channel
Figure 2 shows an existing concrete-lined channel that currently receives runoff from the upstream
watershed. This channel was previously built as part ofan emergency erosion control measure. It will
require conversion into a box culvert toallow roadway continuity and proper drainage.
City m Rancho Cucamonga 2 Kimley)))Horn
Docusign Envelope ID:E6CD5717-13FC-4DF5-A9F2-E14BOBD94849
Almond Street Extension Proposal—Via Verde Street to Carnelian Street
Y
W
i;
Figure 3: Looking West Figure 4: Looking North
Steep Adjacent Slopes(South Side)
Figure 3 shows steep terrain along the southern edge of the corridor.These grade changes present design
constraints for road grading,driveways,drainage, and transitions to adjacent property. Design will aim to
balance cut/fill limits and minimize impact to adjacent parcels, but localized retaining elements may be
necessary.
Eastern Tie-in (Carnelian Street)
Figure 4 shows the eastern end of the corridor, where tying into the new roadway into Carnelian Street
will present geometric challenges.The existing alignment of the dirt path is offset from the curb return at
Carnelian Street, fencing, and landscaping from adjacent parcels. This limits the usable roadway width,
which will be reviewed during the design process.The design will need to address this offset and provide
smooth transition while minimizing impacts to adjacent properties.
It is our understanding that the City has completed and will be providing a right-of-way base map including
title reports and a topographic survey in AutoCAD format. Additionally, the City has completed the
required environmental documentation, including a Categorical Exemption (CE) memorandum and
permits obtained from the Regional Water Quality Control Board and the California Department of Fish
and Wildlife.
Project Approach
We understand that the project is a high priority for the City and will give it due attention and care.To
complete your project efficiently, we will:
• Keep the City informed through periodic meetings.
® Conform design parameters to the latest guidelines of City of Rancho Cucamonga, San Bernardino
Flood Control District, American Public Works Association Standard Plans for Public Works
Construction, and Caltrans Standard Plans and Standard Specifications.
ououoign Envelope ID:E6Co5/17-1 1*eoeoV*o49
Almond Street Extension Proposal—Via Verde Street to Carnelian Street
• The street work will be completed within the existing Right-of-Way. As it may be necessary to
encroach upon the northern properties to accomplish the grading, we anticipate that the City will
assist with right of entry access.
= Kimley-Horn will provide preliminary and final design with adequate time for City review.
• We will aim to minimize potential retaining walls(I-5').
• Utilize B|uebeam Revufnr collaborative plan review and efficient markup coordination. This allows
City staff and our design team to comment track revisions, and resolve design issues in real time
during each submittal phase.
" Headwall design, storm drain connectivity, trees, and potential extension of the structure will be
evaluated during design. A new headwall and culvert will be designed to accommodate the existing
tributary flow as determined by the hydrology study. Retaining walls may be needed at the channel
crossing due to elevation differentials between the roadway and adjacent properties. We anticipate
that there will be some tree removals which the City will provide removal or relocation services to
make way for the new street.
~ The site photos included in this section highlight several of the major design challenges observed
during the field visit.These design challenges will be reviewed with the City for which a proper design
will be developed and presented.
The proposed roadway cross section for the Almond Street extension project is shown in Figure 5,
below.
Almond Street
'ANK Ism
ft�u Made with Streetmix
Figure5: Proposed Almond Street Extension Cross Section
Scope of Work
The Project will involve the preparation of full roadway improvement plans, including curb and gutter,
sidewalks,equestrian trail,and driveways to the adjacent properties.Design development will also include
storm drain infrastructure and potential retaining walls as required by existing topography. Kim|ey-Horn
will also prepare signing and striping plans,conduct necessary field investigations and utility research,and
City m/Rancho Cucamonga 4 K~mley�)Horn
Docusign Envelope ID:E6CD5717-13FC-4DF5-A9F2-E14BOBD94849
EXHIBIT "A-3"
SCOPE OF WORK SERVICES
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�_XhibKA-3
Almond Street Extension Proposal—Via Verde Street 10 Carnelian Street
" The street work will be completed within the existing Right-of-Way. As it may be necessary to
encroach upon the northern properties to accomplish the grading, we anticipate that the City will
assist with right of entry access.
• Kim|ey-Horn will provide preliminary and final design with adequate time for City review.
= We will aim to minimize potential retaining walls(3''5').
• Utilize Biuebeam Revu for collaborative plan review and efficient markup coordination. This allows
City staff and our design team to comment, track revisions, and resolve design issues in real time
during each submittal phase.
° Headwall design, storm drain connectivity, trees, and potential extension of the structure will be
evaluated during design. A new headwall and culvert will be designed 10 accommodate the existing
tributary Oovv as determined by the hydrology study. Retaining walls may be needed at the channel
crossing due to elevation differentials between the roadway and adjacent properties. We anticipate
that there will be some tree removals which the City will provide removal or relocation services to
make way for the new street.
• The site photos included in this section highlight several of the major design challenges observed
during the field visit.These design challenges will be reviewed with the City for which a proper design
will be developed and presented.
The proposed roadway cross section for the Almond Street extension project is shown in Figure 5,
below.
Almond Street
AM loft
W" Made with Streetmix
FigureG: Proposed Almond Street Extension Cross Section
Scope of Work
The Project will involve the preparation of full roadway improvement plans, including curb and gutter,
sidewalks,equestrian trail,and driveways to the adjacent properties.Design development will also include
storm drain infrastructure and potential retaining walls as required by existing topography. Kim|ey-Horn
will also prepare signing and striping plans,conduct necessary field investigations and utility research,and
City of Rancho Ucarnonga 4 Kimley>Morn
000u ignsnvowpom:emnonr17'13pc-4orn+A9p2-E14eneon4a4e
Almond Street Extension Proposal—Via Verde Street to Carnelian Street
coordination with Cucamonga Valley Water District ([VVVD) to incorporate their water main design into
the final plans.
The Scope nf work will include the following elements and are listed in the tasks below.
• Field investigations, records research, and review of existing aa'bui|ts.
" Utility coordination with all affected agencies and incorporation of[VVVD waterline plans/specs
into final bid documents.
w Preparation of final civil plans a11"= 40' scale, including 3O%, 6U96, and 1OOV6 design submittals.
• Drainage study and storm drain design,with submittals reviewed by San Bernardino County Flood
Control District.
° Engineer's Rough Order of Magnitude Estimate at each design milestone.
• Project specifications and bid package.
° Bid support and construction support.
Task l—Project Management, Coordination, and Administration
Kim|ey-Horn will provide project management for each task detailed in this scope of services, which is
assumed tobe four(4) months from NTPtm the completion of the scope ofwork.
Management activities consist of attending meetings,creating and updating the project schedule, budget
tracking,coordinating with City and third-party agencies,developing and maintaining Project Information,
quality assurance and project administration.
Task 1.1 Coordination Meetings
A kickoff meeting will be completed upon notice to proceed to review the project scope,schedule, budget,
and work plan. in addition to the kick-off meeting, Kim|ey'Horn will participate in uptotwo (J) 1-hour
progress in-person (or virtual) meetings between Kim|ey-Horn, the City, and applicable stakeholders to
coordinate the status of the project, coordinate activities, and review schedule, Tasks include agenda,
action items, and meeting minutes.
Kim|ey-Horn will participate in upto four (4) monthly conference calls with the City, and communicate
through emai|s and phone calls, throughout the duration of the project. In addition, we anticipate
attending uptotwo (2) coordination meetings each with San Bernardino County Flood Control District
and Cucamonga Valley Water District to coordinate their project requirements.These are the known third
party stakeholders. Should additional meetings be required or with other third parties, an amendment
will be prepared and authorized prior to the start ofwork.
A critical path method(CPM)schedule will be prepared by Kimley-Horn.Kimley-Horn will prepare an initial
schedule within the first two weeks following the issuance of notice to proceed.The schedule will include
tasks, project milestone dates, and agency review periods for project submittals. The schedule will be
updated monthly to reflect changes and progress on major milestones throughout the duration of the
project.
Project administration files will be maintained for the duration ofthe project Progress reports and billing
statements will be prepared following the end of each month. Project expenditures will be tracked and
��~ U �'V0� ���
cuvc*Rancho Cucamonga 5 ����0� orn
000uoign Envelope ID:ssnoor17-1aFc-4oFo-Aor2-s1*BoBoo*n*n
Almond Street Extension Proposal—Via Verde Street bo Carnelian Street
reported for each major task element.This task includes project correspondence, billings,submittals,and
quality assurance.
Deliverables:
• City Coordination Meetings uptofour(4)
m Third Party Coordination Meetings uptofour(4)
w Meeting Agendas and Minutes
• Project Schedule
• Monthly progress reports and invoices
Task 2—Evaluation 0fExisting Conditions and Prior Documentation
Task2.1 Data Collection and Review of Prior Documentation
The Kimiey-Hornteam will obtain and evaluate the existing conditions and review readily available prior
documentation for the project including City furnished as-built drawings, right of way maps, title reports,
utility base maps,survey records,approved developer plans,and any additional information that is shared
by the City during the project kickoff meeting.
Tasb2.2 Initial Conditions Assessment
The Kimley-Horn team will document and analyze the existing conditions along the corridor by visiting the
field and capturing photographs, marking up exhibits of the survey and creating a matrix to document
existing sidewalk, street and right-of-way widths and conditions, existing drainage, overhead and
underground utilities,trees, and other existing elements, opportunities, and constraints.
Task 2.3 Geotechnica| Report
Kim|ey Horn, in coordination with its geotechnioa1 subconsuiLan1 Ninyo and Moore will prepare a
Geotechnioa| Report to provide project 8eotechnioa| design and construction recommendations for the
project.The effort will include a field geotechnical investigation, laboratory testing, engineering analysis,
and draft and final report preparation. The Geotechnica} Report will include recommendations for
retaining wall, slopes, culvert, and pavement structural sections. The Kim|ey-Horn team will address any
comments resulting from the City ufRancho Cucamonga review and prepare a final Geotechnica| Report.
Deliverables:
m Data Collection Technical Memo
• Initial Conditions Assessment
* Draft and Final Geotechnica| Report
Task 2 Assumptions:
m The City will provide copies of all applicable survey records; as-bui|ta drawings (street, sewer,
storm, water, etc.), pdf and any other applicable drawings in the[i$/spossession)
City of Rancho Cucamonga 6 K~mQey)))Horn
oocusign Envelope ID:EeCo5717-13po-4op5,Aep2-E14aoao94849
Almond Street Extension Proposal—Via Verde Street to Carnelian Street
• City utility base maps for sewer,storm,and water;the City's CAD Standards for Engineering Plans
e Geotechnica| Reports previously prepared
• Public Works Department Title Block
• Samples of various sheets from recent similar projects
Task 3—Design Survey
Tamk3.1 Design Survey Review and Assessment
Per RFP, the City has prepared right of way engineering and topographic surveys(design survey). Kimley-
Hornvvi|| usethedataforthedesi8noftheimprovements. KimieyHornvvii| performareviewtmconfirm
that all the necessary information is provided to complete the final design and that the survey
encompasses the limits of the project.After reviewing,if it's determined that data is missing, Kimley-Horn
will document what information is absent and will notify the City for resolution.
Task 4—Utility Coordination
in conformance with ASCE Document 38-02 on Subsurface Utility Engineering, Kimley-Horn will complete
the following as part of this project:
• Document known utilities in the project vicinity including the quality and reliability of the data,
and the potential effects the project may have on them. These items will be documented in
utility conflict matrix.
• Provide recommendations for utility investigations if determined necessary.
• Prepare a utility composite drawing or file with appropriate supporting documents as part of the
base mapping.
Task4.1 Utility Notifications
Kimley-Horn will complete a records search by contacting the Underground Services Alert (USA) and will
coordinate with the City to identify utility agencies that should be contacted given the project area.
Kim}ey-Horn will prepare 'A' letters to request as-built information for the project area and any future
projects that are identified from utility agencies, Pertinent utility information will be incorporated into
the topographic base mapping asnecessary.
Kim|ey-Horn will prepare utility 'B' letters to reflect the proposed improvements and to verify the
locations of facilities as incorporated into the base mapping. Potential conflicts will be identified, and
follow-up phone or email conversations will be conducted to resolve the conflicts or to coordinate
relocation requirements.
0m|ey-Horn will prepare utility 'C' letters to reflect the final notification to utility owners that relocation
or services are required and to coordinate the final utility contract documents.
Based on our preliminary research the following utility companies will be contacted.The final list will be
confirmed at the kickoff meeting.
Q�~ � ��
Cho cv�mon� 7 0ey,, W �orn
000uoign Envelope ID:E6co5717'13po-4or5-A9m2-El*ooeoe484e
Almond Street Extension Proposal—Via Verde Street to Carnelian Street
w Cucamonga Valley Water District
• 5o[a|Gas
• Spectrum
• Frontier
Task4,2 Utility Base Mapping
Kim|ey'Horn will use the topographic survey, centerline, right of way data and utilities maps obtained
from the 'A' letters to prepare composite utility base map.
Task 4.3 Utility Coordination with Cucamonga Valley Water District(CVWD)
Kim|ey'Horn will coordinate with the Cucamonga Valley Water District (CVVVD) to incorporate their
waterline design and specifications into the final bid documents for the Project.
Task 4 Assumptions:
• All utility notifications will be sent on the Ci*/sletterhead.
• Potholing is not needed.
• Private utility relocations will not be required.
• The City will be responsible for preparing the utility certification.
• The water main line upgrade will be designed by CVWD and provided in CADD (Autocad dwg)for
incorporation into the final hid documents. TheCADD file is assumed tn begeoreferenoedtothe
coordinates of the City provided survey.
Task 4 Deliverables:
• One (I) combined electronic pdf copy of each grouping of Utility A Letters, Utility B Letters, and
Utility[ Letters.
m Dne(I) electronic pdfcopy of the Utility Matrix
• Base map in PDF incorporatinACVVVD plans
m Base mapping will be available upon request in AutoCAD Civil 3D (.dwg)format
w Incorporation of[VVVD plans into final design plans and bid package
Task 5—Conceptual Design /3O96layout)
Kim|ey'Horn will use the information from Tasks J, 3, and 4 and base the design on [ity's preliminary
concept. The revised conceptual layout will define the alignment for the roadway and will illustrate the
various proposed features' including curb and gutter, sidewalk, driveway aprons, paving limits, and
striping. The alignment will be presented in an exhibit at a scale of1"=4O' The exhibit will include the
utility and topographic base files as well as basic information such as street names,roadway dimensioning,
and lane widths to define the roadway features. Prior to submittal,we will review the alignment with the
City for any over the shoulder feedback.This feedback will be incorporated into the design submittal.
Task 5 Deliverables:
0 Electronic pdf copy uf the conceptual design exhibit.
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oouunign Envelope ID:E6co5717-/3Fc-4oF5-AeF2-el4smBo9*8*9
Almond Street Extension Proposal—Via Verde Street to Carnahan Street
Task 6—Final Design
Kim|ey'Horn will prepare plans, hydrology& hydraulics, and opinion of probable construction cost based
on the approved concept from Task 5 and the information gathered in Tasks 2, 3, and 4. Submittals will
be provided at60Y6 and 1UO96 for the [it\/s review and comment.
The following Plans are anticipated to be included in the final bid set:
Title Sheet and General Notes(Mct'tu-Sma|e)
The Title Sheet and General Note sheets will consist of project title, vicinity map, location map, sheet
index, legend,abbreviations,horizontal and vertical survey control information, utility company contacts,
and general notes.
Typical Sections(Not-to-Sca}e)
The typical section sheet will consist of cross-sections showing the proposed roadway improvements(e.g.
pavement travel vva\\ curb and gutter, utilities, sidewalk, etc). Information will also include construction
notes,dimensioning,existing and proposed pavement structural sections, and cross-slopes.
Street Improvements Plans(1"=4O')
The street improvement plans will include a plan and profile view.The plan view will include all proposed
roadway improvements including the reconstruction of curb and gutter, driveways, sidewalk, cross-
gutters, and pavement. Construction notes, station/offsets, and dimensioning will be provided to control
the layout of the improvements. The profile view will show proposed elevations, grade breaks, utilities,
and longitudinal grades for the realigned north curb line.
Construction and Drainage Details(1"=5'or Not-to-Scale)
This sheet(s) will provide construction and drainage details for all proposed design elements. We
anticipate using standard Greenbook and Ca|trans standard details.
Retaining Wall Plans(1"=40'orTo scale asneeded)
Kim|ey-Horn will prepare retaining wall design and calculations. We assume that these walls are upto5~-
6'. We assume that standard APVVAdetai|s are adequate for the design. We will prepare up to two (Z)
plan and profile sheets to delineate the wo|| heights and foundation depths. We anticipate foundation
drainage to discharge through o perforated pipe that would discharge to curb drains atthe north side of
the proposed street. Should custom or other criteria be added at later date, an amendment will be
prepared and approved prior 10 commencement ofwork.
Erosion Control Plan (1"=40~)
The erosion control plan will illustrate temporary Best Management Practices(BMPs)to prevent sediment
transport and stormvvater pollution during construction. Additional phasing, mobilization, and
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ououoign Envelope ID:E6005717'13rc-4oF5,Aer2-E1*sosoe484e
Almond Street Extension Proposal—Via Verde Street tu Carnelian Street
implementation by the contractor may be necessary.The Contractor shall prepare updates to the erosion
control plans and 5VVPPPas part of his means and methods.
Composite Utility Plan (l"=4O')
The utility relocation plan will be double stacked horizontally and will show an inventory ofall existing
utilities. The plan will also include proposed adjustments or relocations of existing public utilities (e.g.
water, storm, sewer) in conflict with the improvements. For catch basin relocations and lateral
adjustments, profiles will be provided to detail the connection to the existing system.
Signing and Striping Plans(2"=4D')
The signing and striping plans will be double stacked horizontally and will include the various permanent
traffic control clevicessuch as pavement striping,markings, legends, retroreflective markers,and roadside
signs. The plans will be prepared in accordance with City's Standards, the latest edition of the California
Manual of Traffic[ontro| Devices(CA-MUTCD), andCa|transStandardsasapp|icab|e.
Opinion of Probable Cost
Kim|ey-Horn will revise, compile, and prepare the Opinion of Probable Construction Costs (OPC[).
Contingencies will be included at the appropriate percentages.The draft opinion of probable construction
cost will be provided to reflect the proposed improvements shown in the 6096 submittal plans.
Task 6,16O0 Design Package
Kim|ey-Horn will produce and submit 60% plans and a draft opinion of probable construction cost for
review and comment from the City. Kinn|ey'Horn will prepare a 3096 Comment Response Matrix ora pdf
redlined response markup to track all comments received and their outcomes.
A Hydrology and Hydraulics (H&H) Report will be prepared for this project described below:
Hydrology and Hydraulics Report
The hydrology and hydraulics study will include a site visit with City staff to confirm project objectives,
timelines, and deliverables.The purpose of the site visit is to visually inspect the existing conditions of the
site and existing culvert and gather relevant field data. We will assess the existin8cu|vert's surface
condition. The assessment is limited to only visible surface conditions. We will also use this opportunity
to verify surface items in the survey provided. In addition, we will research rainfall data and soil data. We
assume that the capacity of the existing culvert is satisfactory. We anticipate as-built plans and other
relevant data from the City will be delivered. We will conduct a kickoff meeting with SBCFCD to confirm
our approach and present our initial concept.
Aportion of the project isina Zone A designated flood area, which is designated asan area with a 1%
annual chance of flooding (also known as the I00'year flood). We assume that there were no previous
detailed studies performed. Although the project is not preparing the land area for occupied structures,
the project may experience occasional flooding and potential overtopping.We assume that there are no
coordination, studies, or variances related toFEK4Arequirements.
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Docusign Envelope ID:E6CD5717-13FC-4DF5-A9F2-E14BOBD94849
Almond Street Extension Proposal—Via Verde Street to Carnelian Street
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1.
We will divide the study into two areas. The first study area will address the proposed street with the
sidewalk, parkway, and trail. The drainage for these areas is planned to flow to existing flow lines to the
west and east of the site. The second study area will address the off-site vacant land area to the north.
The study will determine the capacity of the existing culvert and inform the overall capacity of a new
culvert to be designed at the north side of the roadway. We will perform a hydrologic analysis by
confirming the watershed that contributes to the culvert. We will conduct a rainfall runoff analysis using
the appropriate hydrologic model, such as Rational Method or NRCS Curve Number, which will be
confirmed with the City prior to the start of work.The peak flow calculation will be analyzed for up to four
storm events(2-year, 10-year, 25-year,and 100-year).We will perform a hydraulic analysis of the existing
and proposed culvert. We assume that the peak flow is the capacity of existing culvert but will be
confirmed with the proposed culvert. A hydraulic model using HEC-RAS will simulate flow through the
existing and proposed culvert to assess the potential for flow restrictions or overtopping. A back water
analysis is not required due to the upstream area being vacant land. We assume that surface water flows
overland.
We will prepare a list of recommendations and mitigation measures for the proposed culvert.Alternatives
for the proposed culvert will be explored. A draft and final hydrology and hydraulics report will be
prepared. It will include applicable maps, charts, and appendices of detailed calculations and modeling
outputs.The draft will be submitted to the City for review.We will conduct a comment resolution meeting
if necessary and incorporate one round of consolidated comments. The final report will include an
executive summary, detailed findings, recommendations, and supporting documentation.
Deliverables:
Electronic pdf of the 60% plans and draft Hydrology and Hydraulics report.
Draft opinion of probable construction cost will be provided as an electronic pdf.
® 30%comment responses in a pdf format.
Task 6.2 10% Design Package
The Kimley-Horn team will update the plans based on comments provided by the City on the 60% PS&E
package. Kimley-Horn will prepare a 60% Comment Response Matrix or a pdf redlined response markup
City of Rancho Cucamonga 11 K �)
oocumnn Envelope ID:E6no5717-13Fn-4oF5`AeF2-E14sneoe*8*9
Almond Street Extension Proposal—Via Verde Street to[ame|ianStreet
to track all comments received and their outcomes. The opinion of probable construction costs will be
updated to reflect the comments, changes, and proposed improvements shown in the l00% Submittal
Plans.
Kim|ey`Horn will then submit 100% plans and opinion of probable construction cost for review and
comment from the City, and other reviewing agencies.
Deliverables:
0 Electronic pdfof the IOQ96 plans and H&Hreport.
0 Project Specifications and bid schedule.
w Electronic pdf copy of the final opinion of probable construction cost.
0 60%comment responses in a pdf format.
Tank6.3 Final PSQ&G
Upon receipt of minor comments on the 100%package, Kimley-Horn will revise and provide a signed and
stamped "bid-ready"construction set tothe City.
Deliverables:
w Final plans inpdfform.
o Submit in hard copy and pdf format once signed, stamped, and approved.
• Final Specifications/Special Provisions in Word and pdfformat.
o Submit in hard copy and PDF format once signed, stamped, and approved.
• Final Hydrology and Hydraulics Calculations Report
m Final opinion of probable construction cost in Excel (.xiax) and pdffurmaL.
• All electronic base files and plan sheets inAuto[AD Civil 3Dformat (or converted into format
specified by the [ity).
Task 7—Construction Bidding and Support
The Kim|ey-Horn team will provide support services for this project during the bidding and construction
phases including the following:
m Provide engineering assistance related tofinalizing bid items and responses to contractor bid
questions.
• Review contractor's construction submittals for conformance with the contract documents
• Review and respond tocontractors' Request for Information (RF|)
• Create and maintain file directory to keep records of construction submittals and RF|
correspondence
The Kim|ey'Hurn team will complete Task 7 on a time and materials basis. We anticipate that the
construction period will be six months. 20 hours are estimated to support the bid and construction
support phases. If additional effort is required, the Kim|ey-Horn team will coordinate with Client for
additional funds to complete bid and construction support services
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Almond Street Extension Proposal—Via Verde Street tn Carnelian Street
Optional Services
Should the City direct Kim|ey-Horn to perform any of the Optional Services listed below, a written
authorization and amendment will be provided prior to the commencement of the work.
Street Lighting Plans(1"=40')
The street lighting plans will be double stacked horizontally and will show the proposed lighting
improvements along Almond Street. The plans will show all proposed and/or relocated street lights,
conduit and wiring layouts, service points, and construction details. We will identify the nearest power
source for street lighting and coordinate and meet with Southern California Edison (SCE) Planning staff for
e field meeting to confirm power source. We will prepare the Customer Project Information (CPI) sheet
Letter of Authorization, and necessary permit paperwork to submit toSCE.
UVClk8PRepo,t
Kimley-Horn will prepare a WQMP report for the project.The report will consist of a feasibility analysis of
available BMPs appropriate for the project. The 8MPs will minimize impervious surfaces. However,
infiltration measures will not be reviewed as the project site is considered a hillside and infiltration 8MPs
are not generally appropriate.
a. BMP Review:We will review source control BMPs and list applicable measures for the project.
b. Analysis and Calculations: We will also analyze treatment control BMPs that will treat surface
water prior to leaving the project site. We will prepare calculations for the drainage system for
peak flow rates and volumes with maps of the tributary area. We assume that the tributary area
is the volume capacity of the existing drainage culvert.
c. Report:A draft and final WQMP report will be prepared for the City. Kimley-Horn will participate
in an over the shoulder review meeting with the City prior to the submittal of the draft report.
Exclusions and Assumptions
The following items are exclusions and assumptions for this project.
• This proposal assumes thatthe standards and practices in effect atthe City of Rancho Cucamonga,
at the time of this proposal,will remain in effect throughout the course of development.
• Land acquisition,easements are excluded
m All improvements will be constructed within existing right ofway.
m Project specific traffic control plans will be prepared byothers.
w Relocation of private utilities such as overhead or underground power lines will not be required.
° Landscaping and irrigation plans are excluded.
w The City will coordinate all on-site improvements with the property owners including all necessary
right of entries. Nu temporary or permanent easements will beneeded.
• The City will provide an electronic copy(.doc) of their"boi|erp|ate"special provisions.
• The City will provide bid tabulations and unit pricing from recent projects.
w All design and plan sheets will be prepared using AutoCAID Civil 3D (.dwg)format.
• GPR and potholing by others.
omowon Envelope ID:s6:uor17'1aFC-4oFsf9F2-el4a000e4a4s
Almond Street Extension Proposal—Via Verde Street to Carnelian Street
m Sewer and/ or water feasibility studies are not included. Our scope assumes all the utilities and
adjacent infrastructure are in place within the adjacent streets and have the capacity to serve the
project. No additional analysis will be required.
w NoFE&qA coordination nrstudies.
Fee and Billing
Kimley-Horn will perform the services defined in tasks 1 through 7 for a lump sum fee of$225,980 per the
task breakdown below.
Lo
131
Closure
In addition to the matters set forth herein,our Agreement shall include and be subject to,and only to,the
On-Call Design Professional Engineering Services Contract dated July 17, 2019 between Kim|ey-Horn and
Associates, Inc. and the City ofRancho Cucamonga, which are incorporated by reference.
We appreciate the opportunity to provide these services to you. If you have any questions about this
proposal, please contact meat or(213) 261-4037.
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EXHIBIT B
SCHEDULE OF PERFORMANCE
PS9 frith Professional liability insurance(Design) Page 18
Last Revised:01i1112018
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Electronic Record and Signature disclosure
Certificate Of Completion
Envelope Id: E6CD5717-13FC-4DF5-A9F2-E14BOBD94849 Status:Completed
Subject:Complete with Docusign:Kimley-Horn_PSA-Civil Design Almond Street Extension_08-04-25_Final.pdf
Source Envelope:
Document Pages:38 Signatures:3 Envelope Originator:
Certificate Pages:5 Initials:0 Janae Swaggard
AutoNav:Enabled janae.swaggard@cityofrc.us
Envelopeld Stamping:Enabled IP Address: 199.201.174.250
Time Zone:(UTC-08:00)Pacific Time(US&Canada)
Record Tracking
Status:Original Holder:Janae Swaggard Location: DocuSign
8/5/2025 9:15:41 AM janae.swaggard@cityofrc.us
Signer Events Signature Timestamp
Sri Chakravarthy by: Sent:8/5/2025 9:22:25 AM
sri.chakravarthy@kimley horn.com ESi,n,d
V1aµa Viewed:8/5/2025 9:30:35 AM
Sri Chakravarthy,Senior Vice President, PE 73629 7E29EA633BF9407_ Signed:8/5/2025 1:34:58 PM
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Using IP Address: 134.238.199.93
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Sowmya Chandrasekhar ESi,nldby Sent:8/5/2025 1:35:00 PM
sowmya.chandrasekhar@kimley-horn.combWw�ya f 4aan / aALV Viewed:8l6/20258:39:21 AM
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dennis.michael@cityofrc.us ED11"Sil-d
by:' �""'-M""`` Viewed:8/11/2025 12:26:20 PM
Mayor/President ElED4S7ESAo5421... Signed:8/11/2025 12:26:35 PM
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Parties agreed to:Sri Chakravarthy,Sowmya Chandrasekhar,Sri Chakravarthy,Sowmya Chandrasekhar
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