Agenda packet — Eastvale City Council, April 26, 2023 (part 2 of 3)

PROJECT TYPE: Capital Improvements Project
PROJECT NAME: Limonite Gap Closure
PROJECT DESCRIPTION: Project will connect from 2,450 LF east of Hellman Ave to Archibald Avenue. The total length of the proposed project is approximately 3,200 LF including a bridge over the Cucamonga Creek. Both road and bridge will serve 4 lanes of traffic including bicycle and pedestrian facilities. A separate pedestrian bridge over the Cucamonga Creek little south of the proposed vehicular bridge, as shown on the below map, is also part of this project.

PROJECT STATUS: 95% plans and specifications under review.

Construction Management service procured.

Working with various agencies to obtain necessary permits.

PROJECT SCHEDULE: Estimated 100% design - February 2023 PROJECT MAP:

Proposed Limonite Ave Bridge
Proposed Pedestrian Bridge
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EASTVALE PUBLIC WORKS

PROJECT UPDATES

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PROJECT TYPE: Capital Improvements Project
PROJECT NAME: Improvement of Bike Network Connectivity/ATP Trails PROJECT DESCRIPTION: Project will design and construct nearly 5 miles of trails running along Scholar Way and Harrison Avenue. The project will provide dedicated space for people to bike and walk from north Eastvale to the Santa Ana River Trail on the south.

PROJECT STATUS: Design contract was awarded to Mark Thomas. 30% plans and specifications have been delivered. Currently working with Caltrans to approve scope change to change from Class IV with lane reduction to Class I with no lane reduction.

PROJECT SCHEDULE: Mark Thomas is going to start Phase 2 efforts consisting of developing construction documents.

PROJECT MAP:

PROJECT TYPE: Capital Improvements Project
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PROJECT NAME: Schleisman Road Safety and Connectivity Project PROJECT DESCRIPTION: Project will design and construct dedicated space for people to bike and walk along Schleisman Road between Hamner Avenue and Sumner Avenue.

PROJECT STATUS: Conceptual development contract was awarded to Conceptual Design & Planning Company.

PROJECT SCHEDULE: Once conceptual plan is completed, City will solicit proposals for development of plans and specifications.

PROJECT MAP:

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PROJECT TYPE: Capital Improvements Project
PROJECT NAME: Limonite Avenue Signal Synchronization
PROJECT DESCRIPTION: Project will design and install necessary equipment to synchronize traffic signals along Limonite Avenue.

PROJECT STATUS: Construction contract was awarded to Belco on May 11, 2022 to install necessary infrastructure to synchronize the traffic signals, and construction is complete as of February. Reviewing as-built plans and working on the punch list items before closing out the project.

PROJECT SCHEDULE: Notice of Completion will be filed.

PROJECT MAP:

PROJECT TYPE: Capital Improvements Project
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PROJECT NAME: Local Roadway Safety Plan (LRSP)
PROJECT DESCRIPTION: Project will identify and prioritize potential traffic safety improvements in the City as well as providing foundational information for submittal of future grant application.

PROJECT STATUS: Consultant was procured to prepare the report. Working on the background and data collection to reflect the City’s current policy and existing safety measure and most recent crash data
PROJECT SCHEDULE: The draft report is anticipated to be ready in June 2023.

PROJECT MAP:

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PROJECT NAME: Citywide Retroreflective Backplate on Traffic Signal Indicator PROJECT DESCRIPTION: Project will design and install retroreflective backplate borders along backplates of traffic signal indicators at 39 signalized intersections to improve the visibility of signals.

PROJECT STATUS: Construction contract was awarded on January 11, 2023 Council meeting, and construction management service has been procured.

Contractor is working on necessary permits and ordering materials.

PROJECT SCHEDULE: Construction is anticipated to commence in March 2023.

PROJECT MAP:

PROJECT TYPE: Capital Improvements Project
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PROJECT NAME: Traffic Signal Dilemma Zone Detection and Mitigation PROJECT DESCRIPTION: Project will install advanced dilemma zone detection system and associated equipment in existing traffic signal cabinets at 16 signalized intersections to modify signal timing to improve safety for motorists approaching intersections.

PROJECT STATUS: CON allocation was approved by Caltrans. Preparing bid package to advertise the project for construction bid.

PROJECT SCHEDULE: The construction is estimated to commence in mid 2023.

PROJECT MAP:

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PROJECT TYPE: Capital Improvements Project
PROJECT NAME: ADA Transition Plan
PROJECT DESCRIPTION: Program includes preparation and implementation of an ADA Self Evaluation Plan as required under the Americans with Disabilities Act (ADA). Future year funding will support removal of ADA barriers as identified in the Plan. Annual program to provide improvements focusing on ADA accessibility, including curb ramps and sidewalks throughout the City.

PROJECT SCHEDULE: This is an on-going project. Currently, field work to identify ADA barriers on City streets including curb ramps and sidewalks is on hold.

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PROJECT TYPE: Capital Improvements Project
PROJECT NAME: Traffic Sign Inventory
PROJECT DESCRIPTION: The project will improve roadway safety and traffic through upgrades to existing and/or adding new high-visibility traffic signs.

PROJECT SCHEDULE: Inventory of traffic sign has been completed. Field work to collect reflectivity of signs to meet MUTCD has been completed.

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PROJECT TYPE: Capital Improvements Project
PROJECT NAME: Archibald Avenue/Limonite Avenue Widening Project PROJECT DESCRIPTION: Street widening and safety project for Archibald Avenue from the City of Ontario limits south of the SCE easement, including the intersection at Limonite Avenue and portions of Limonite Avenue east and west of the intersection. The project looks to improve safety and overall circulation in conjunction with the improvements associated with the Homestead and Merge developments, and Limonite Gap Project. Components of the project include, but are not limited to, coordinating with SCE to relocate SCE high-tension support structures.

PROJECT STATUS: • City approved the proposed design plan from SCE on July 14, 2021. • Installation of new transmission poles is completed.
• Construction is estimated to be completed in early 2023 for all overhead lines, pending the removal of the communic ation lines along Archibald.

PROJECT MAP:

LIMONITE AVE

ARCHIBALD AVE
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PROJECT TYPE: Residential Development
PROJECT NAME: Prado (TR 35751)
PROJECT LOCATION: Southeast corner of Schleisman Road and Cucamonga Flood Channel PROJECT DESCRIPTION: Improvements include a development of a gated community of 243 attached and detached single-family homes on approximately 19 acres.

PROJECT STATUS: Improvements have been completed. Project close-out task, and final punch list items are remaining before city council accepts the project as complete.

PROJECT MAP:

SCHLEISMAN RD
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PROJECT TYPE: Commercial Development
PROJECT NAME: The Merge
PROJECT LOCATION: Northeast corner of Limonite Avenue and Archibald Avenue PROJECT DESCRIPTION: Improvements includes 26 gross acres.

PROJECT STATUS: Onsite and offsite improvements ongoing Developer is also responsible for improvements along Archibald Avenue which is anticipated to begin in early 2023.

PROJECT MAP:

ARCHIBALD AVE

LIMONITE AVE
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PROJECT TYPE: Commercial Development
PROJECT NAME: The Ranch by Transwestern
PROJECT NUMBER: PW19-11322
PROJECT LOCATION: East end of Limonite Avenue west of the Cucamonga Creek PROJECT DESCRIPTION: Improvements include 20 gross acres including 2 light industrial warehouses.

PROJECT STATUS: Onsite and offsite improvements have been completed, the City and Developer are working together to close out the project.

PROJECT MAP:

CUCAMONGA CREEK

HELLMAN AVE
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PROJECT TYPE: Commercial Development
PROJECT NAME: Homestead
PROJECT NUMBER: PW20-10052
PROJECT LOCATION: Northwest corner of Limonite Avenue and Archibald Avenue PROJECT DESCRIPTION: Improvements include 55.86 gross acres consisting of six industrial buildings
PROJECT STATUS: Onsite and offsite improvements ongoing Developer is also responsible for improvements along Archibald Avenue which is anticipated to begin in early 2023.

PROJECT MAP:

LIMONITE AVE

ARCHIBALD AVE
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PROJECT TYPE: Commercial Development
PROJECT NAME: Vantage Point Church
PROJECT NUMBER: PW15-1174
PROJECT LOCATION: Northeast corner of Archibald Avenue and Prado Basin Park Road PROJECT DESCRIPTION: Improvements include development of an approximate ly 85,000 sq. ft. church which includes a sanctuary, classrooms, cafe, and a bookstore on 10.43 acres.

PROJECT STATUS:

Phase 2 anticipated to start in 2023 which will include the widening of Archibald Avenue Vantage Point Church has started working with City Staff to apply for the encroachment permit.

PROJECT MAP:

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PROJECT TYPE: Commercial Development
PROJECT NAME: Hamner Place
PROJECT NUMBER: PW18-10712
PROJECT LOCATION: East of Hamner Avenue and Schleisman Road PROJECT DESCRIPTION: Improvements include 21.48 gross acres.

PROJECT STATUS: Onsite improvement ongoing
Site is working on adding the archway entrance at Schleisman and Hamner
PROJECT MAP:

HAMNER AVE
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PROJECT TYPE: Commercial Development
PROJECT NAME: The Ranch (Parcel 14)
PROJECT NUMBER: PW20-10007
PROJECT LOCATION: East of Limonite Avenue west of the Cucamonga Creek PROJECT DESCRIPTION: Improvements include the development of 61,000 square foot industrial building.

PROJECT STATUS: Grading started in December 2022
Onsite Improvements are ongoing
PROJECT MAP:

CUCAMONGA CREEK
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PROJECT TYPE: Residential Development
PROJECT NAME: Eastwalk/ Leal
PROJECT NUMBER: PW22-1004
PROJECT LOCATION: Northwest corner of Limonite Avenue and Hamner Avenue PROJECT DESCRIPTION: 158.6 acre development that will include approximately 2500 residential units as well as plans for future commercial development PROJECT STATUS: Grading Permit obtained with a potential start date in early March Current site work being performed includes setting up BMPs, fencing as well as clearing and grubbing vegetation that is onsite PROJECT MAP:

HAMNER AVENUE

SCHOLAR WAY
58 TH STREET

LIMONITE AVENUE
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AGENCY GRANT NAME PROJECT NAME GRANT AWARD MATCH DUE DATE STATUS California Transportation
Commission/California
Department of Transportation
ATP: Active Transportation Project
Cycle 4
Improvement of Bike Network
Connectivity $ 6,471,000.00 $ 1,620,000.00 Grant request has been
approved. The project is
currently under design.

California Transportation
Commission/California
Department of Transportation
LPP: Local Partnership Program Limonite Gap Closure Project 9,475,000.00$ - $ Award construction by late 2023
Grant request has been
approved. Allocation for
construction funds will be
requested in May/June 2023.

California Transportation
Commission/California
Department of Transportation
ATP: Active Transportation Project
Cycle 5
Southeast Eastvale Safe Routes
to School Gap Closures 1,420,000.00$ - $ Construction in FY22/23
Grant request has been
approved. Scope change and
Extension requests will be
submitted.

California Department of
Transportation
HSIP: Highway Safety
Improvement Program Cycle 10
Advanced Dilemma Zone
Detection 712,800.00$ - $
CON allocation was approved.

The project will be advertised for
construction soon.

California Department of
Transportation
HSIP: Highway Safety
Improvement Program Cycle 10
Advanced Dilemma Zone
Detection 712,800.00$ - $
CON allocation was approved.

The project will be advertised for
construction soon.

California Department of
Transportation
HSIP: Highway Safety
Improvement Program Cycle 10
Retroflective Backplate for
Signals 278,100.00 $ - $
Construction contract was
awarded in January 2023. Under
Construction
California Department of
Resources Recycling and
Recovery
CalRecycle: Rubberized Pavement
Grant TRP 13
Annual Overlay Project
$ 174,999.00 $ - April 1, 2023 Grant request has been
approved. Extension request
submitted.

South Coast AQMD Mobile
Source Air Pollution Reduction
SCAQMD/MSRC Contract
ML18064
Electric Medium Duty Vehicle
Purchase $ 51,722.00 $ 51,722.00 April 1, 2023 Extension to be submitted based
on lack on inventory.

South Coast AQMD Mobile
Source Air Pollution Reduction
SCAQMD/MSRC Contract
ML16040
Electric Vehicle Charging
Stations $ 12,500.00 $ 12,500.00 July 5, 2023 Under design
Riverside County
Transportation Commission
SB 821: Bicycle and Pedestrian
Facilities
Bicycle and Pedestrian Safety
Enhancement on Citrus Street,
Sumner Avenue and River Road $ 432,500.00 $ 469,953.00 The projects are complete, and
NOC will be filed before
submitting a reimbursement
request.

CAL FIRE Resource Management Grant City of Eastvale Urban Forestry Management $ 249,925.00 $ 60,024.00 March 30, 2024 Under design

AGENCY GRANT NAME PROJECT NAME GRANT AWARD MATCH ANNOUNCE DATE STATUS California Department of
Transportation HSIP: Highway Safety
Improvement Program Cycle 11
Systemic Roadway and
Intersection Safety
Improvement
2,375,640.00$ 263,960.00 $ March, 2023 Application in review
California Department of
Transportation HSIP: Highway Safety
Improvement Program Cycle 11
Traffic Signal Coordination and
Raised Pavement Markers 589,000.00$ 589,000.00 $ March, 2023 Application in review
California Transportation
Commission/California
Department of Transportation
ATP: Active Transportation Project
Cycle 6
Improvement of Bike Network
Connectivity 13,513,000.00$ 3,378,000.00 $ May, 2023 Application in review
USDOT: Department of
Transportation Congressman Calvert: 2023
Transportation and Infrastructure
Appropriations Bill
Limonite Gap Pedistrian Bridge
1,954,650.00$ 10 or 15% TBD
Agreement in review
California Department of
Transportation STGP Sustainable Transportation
Planning Grants
Eastvale Mobility Master Plan
199,420.00$ 49,855.00 $ July, 2023 Application in review

PUBLIC WORKS GRANTS SUMMARY

GRANTS AWARDED

GRANTS IN PROGRESS
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AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 12.6
April 26, 2023
City of Eastvale Crime Statistics – February 2023
Prepared By:

Eva Terekhova, Emergency Management Specialist
Recommended Action(s)
Staﬀ recommends that the City Council receive and ﬁle the Eastvale Crime Sta s
cs for February
2023.

Summary
The City Council requested staﬀ to collaborate with the Riverside County Sheriﬀ’s Department to develop a crime sta
s
cs document that would reﬂect selected Part I and Part II crime data for the City of Eastvale. Intended to show month-to-month crime sta s
cs, the document will assist in
determining appropriate staffing levels for law enforcement services.

Background
In May 2017, City Council directed staﬀ to coordinate with the Riverside County Sheriﬀ’s Department to request and obtain monthly crime sta
s
cs for the City of Eastvale. The primary
intent of the request was to determine appropriate staﬃng levels during the City’s contract nego
a
ons with the Sheriﬀ’s Department. Over several weeks, the city manager and staﬀ worked collabora
vely with Riverside County Sheriﬀ’s Department administra on and management to
obtain crime statistics that could be shared with the public on a regular basis.

Upon receiving the data, the Riverside County Sheriﬀ’s Department advised staﬀ that the data provided would be reﬂec
ve of the previous month, or thirty days behind the current month; and that the report would need to include a disclaimer identifying the data as preliminary and raw.

At the July 26, 2017 mee
ng, City Council recommended that staﬀ add columns reﬂec ve of felony 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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265
and misdemeanor arrests. During the September 26, 2017 mee ng, City Council recommended staﬀ
add traﬃc viola
ons/cita
ons data and the total calls for service broken down per month. Crime sta
s
cs that were released in the
me that passed since the last mee
ng of the City Council are
attached.

Environmental
Crime sta
s
cs are not a project pursuant to the California Environmental Quality Act (CEQA) and no environmental review is required.

Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
N/A
Fiscal Impact
This request has no fiscal impact.

Prior City Council/Commission Action
July 25, 2017: Approved by the Public Safety Commission September 26, 2017: Approved by City Council
Attachment(s)
Attachment - February 2023 Eastvale Crime Statistics

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AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 12.7
April 26, 2023
Approval of Task Order No. 1 with Albert A. Webb Associates, for the Eastvale Alternative Drainage Plan
Prepared By:

Jimmy Chung, City Engineer
Recommended Action(s)
Staff recommends that the City Council:

1 .

Approve Task Order No. 1 in the amount of $58
,000 for an on-call consul'ng contract with
Albert A. Webb Associates (Webb) for the Eastvale Alterna've Drainage Plan within the General Civil and Design for FY 2022-23; and
2 .

Approve and Adopt a Resolu'on Amending the Capital Improvement Fiscal Year 2022-23 Budget by $300,000 for the Eastvale Alternate Drainage Plan Master Plan.

Summary
The City and Riverside County Flood Control and Water Conserva'on District (RCFCD) are par'es in an agreement (A9achment 1) for funding to create the Eastvale Alternate Drainage and Water Quality Master Plan
(Master Plan)
. The purpose of this plan is to assess water quality facili'es throughout the City and analyze the poten'al feasibility of undergrounding facili'es to allow the surface to be used for future pocket parks, community gardens, or other gathering spaces for community beneﬁts. Albert A. Webb Associates was chosen to create the master plan eﬀort. This Master Plan will be fully funded by the grant with no match required from the City.

Albert A Webb has been chosen from the on-call list (A9achment 2) to complete the Eastvale Alternate Drainage Plan due to their exper'se with water quality management plans within the City of Eastvale. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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Background
Due to the limited available land around the City, the ability to provide community enhancement is limited. City staﬀ considered the poten'al of undergrounding exis'ng surface basins and water quality facili'es to u'lize the surface for pocket parks, community gardens and other recrea'onal uses.

January 25, 2023 the City Council approved the funding agreement with Riverside County Flood Control and Water Conserva'on District (RCFCD) to create the Eastvale Alternate Drainage and Water Quality Master Plan. As part of this funding agreement, RCFCD will pay the City up to $300,000 for the development of the Master Plan on the City's behalf.

On April 13, 2022, the City Council awarded a Professional On-call Services contract to Albert A.

Webb Associates (Webb) for General Civil Project Planning and Engineering. The approval included awarding on-call services contract to seven (9) consultants including Webb. Webb demonstrated both the experience and qualiﬁca'ons that meet Eastvale's needs and expecta'ons during the competitive procurement process.

Environmental
The proposed contract is not a project as deﬁned by the California Environmental Quality Act (CEQA)as it is administrative in nature, and as such no environmental review is required.

Strategic Plan Action - Priority Level: N/A
| Target #: 5
| Goal #: 3
Plan for landscape, roads, and street maintenance.

Fiscal Impact
A budget resolu'on is necessary for ﬁscal year 2022-23 in the amount of $300,000 in the Miscellaneous Grant Fund capital outlay account number 240-510-6664, project number 93031 . Any unspent expenditure budget will be carried forward to the 2023-24 ﬁscal year. The Miscellaneous Grant Fund operates on a reimbursement basis and as funds are expensed and reimbursed by RCFCD, the revenues will be recorded in the Miscellaneous Grant Fund; budget for the revenues will be included in the ﬁscal year 2023-24 budget. The City is eligible for up to $300,000 in reimbursement from RCFCD. RCFCD requires no match and the General Fund will not be impacted.

Prior City Council/Commission Action
April 13, 2022, the City Council awarded an On-Call Engineering and Professional Consul'ng Services contract to Albert Webb and Associates; and
January 25, 2023, City Council approved the Funding Agreement between the City and Riverside County Flood Control.

Attachment(s)
Attachment 1 - Funding Agreement with RCFC&WCD

Attachment 2- PSA for Albert A Webb Associates

Attachment 3 - Budget Resolution

Attachment 4- Task Order 1

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FUNDING AGREEMENT
Eastvale Alternate Drainage and Water Quality Master Plan Project No. 2-6-10040

The Funding Agreement ("Agreement"), dated as of , 2023, is entered in by the Riverside County Flood Control and Water Conservation District, a body politic, ("DISTRICT") and the City of Eastvale, a municipal corporation, ("CITY"). DISTRICT and CITY are collectively referred to herein as "Parties" and individually as "Party". The Parties hereto agree as follows:

RECITALS
A. CITY plans to conduct a feasibility study to develop an Alternate Drainage and Water Quality Master Plan ("EASTVALE WQMP") . The EASTVALE WQMP would determine the Best Management Practices ("BMP") located within the CITY's rights of way, of existing surface facilities to include (i) detention and retention basins, and (ii) infiltration and water quality improvement facilities, that can be retrofitted into underground drainage and treatment systems to ultimately free up the surface spaces for potential outdoor recreational areas for public use. The EASTVALE WQMP would also identify ways to address the water quality issue of pollutants discharged into the Santa Ana River during the dry season; and B. Due to mutual interest in the EASTVALE WQMP, CITY desires DISTRICT to contribute funding and DISTRICT has budgeted for and desires to support CITY's efforts by providing a funding, as set forth herein; and
C. DISTRICT's financial contribution towards the EASTVALE WQMP will pay for the costs associated with the preparation and development of the EASTVALE WQMP by CITY's selected consultant ("STUDY COSTS"). DISTRICT's financial contribution towards the STUDY COSTS shall not exceed Three Hundred Thousand Dollars ($300,000), hereinafter called "TOTAL DISTRICT CONTRIBUTION"; and
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D. It is in the best interest of the public to proceed with preparation of EASTVALE WQMP at the earliest possible date; and
E. The purpose of this Agreement is to memorialize the mutual understandings by and between DISTRICT and CITY with respect to the assessment and recommendation of EASTVALE WQMP and the payment of TOTAL DISTRICT CONTRIBUTION.

NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the Parties hereto mutually agree that the above recitals are true and correct and incorporated into the terms of this Agreement and as follows:

SECTION I
CITY shall:

1. Prepare or cause to be prepared the necessary documents and reports for the CITY's selected consultant to begin the prepar ation of the EASTVALE WQMP, in accordance with applicable CITY standards.

2. Keep an accurate accounting of all STUDY COSTS and provide this accounting to the DISTRICT along with invoices as provided herein . The final accounting of STUDY COSTS shall include a detailed breakdown of all costs to CITY, including but not limited to payment vouchers to the CITY's selected consultant, to establish the actual cost of assessment for the CITY.

3. Upon execution of this Agreement and issuance of Notice to Proceed to CITY's selected consultant, i ssue the first invoice to DISTRICT (Attention: Special Projects Section) for fifty percent (50%) of STUDY COSTS, as set forth in Section I.2.

4. Upon the completion of EASTVALE WQMP , issue the final invoice to DISTRICT (Attention: Special Projects Section) for the remaining fifty percent (50%) of STUDY COSTS, as set forth in Section I.2, and provide the DISTRICT with a copy of CITY's adopted 271
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EASTVALE WQMP, payment amount by the DISTRICT of the final invoice is subject to the not to exceed TOTAL DISTRICT CONTRIBUTION amount described in Recital C.

5. Be responsible to pay any amount in excess of the TOTAL DISTRICT CONTRIBUTION for the STUDY COSTS.

SECTION II
DISTRICT shall:

1. Within thirty (30) calendar days of receipt of CITY's first invoice, pay fifty percent (50%) of STUDY COSTS, as set forth in Section I.3.

2. Within thirty (30) calendar days of receipt of CITY's final invoice, pay the remaining fifty percent (50%) of STUDY COSTS , as set forth in Section I. 4, subject to and the not to exceed TOTAL DISTRICT CONTRIBUTION amount described in Recital C.

3. Not be responsible to pay any amount in excess of TOTAL DISTRICT CONTRIBUTION.

SECTION III
It is further mutually agreed:

1. Notwithstanding any other provision herein for this Agreement, TOTAL DISTRICT CONTRIBUTION shall not exceed a total sum of Three Hundred Thousand Dollars ($300,000); and shall be used by CITY solely for the preparation of EASTVALE WQMP. No additional funding whatsoever shall be provided by DISTRICT for any subsequent EASTVALE WQMP modifications or scope extensions. In the event the actual cost for EASTVALE WQMP is less than the TOTAL DISTRICT CONTRIBUTION, CITY shall refund the difference to DISTRICT within thirty (30) calendar days of completion of CITY's EASTVALE WQMP.

2. The obligations of DISTRICT are limited by an d contingent upon the availability of DISTRICT funds for DISTRICT's financial contribution towards EASTVALE WQMP as set forth herein. In the event that such funds are not forth coming for any reason, 272
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DISTRICT shall immediately notify CITY in writing. Agr eement shall be deemed terminated and have no further force and effect immediately upon receipt of DISTRICT's notification by CITY. If CITY has executed any third -party contracts for STUDY COSTS prior to DISTRICT terminating the Agreement pursuant to this provision, DISTRICT shall compensate CITY for any actual documented costs incurred for work performed by CITY 's selected consultant(s) prior to DISTRICT terminating the Agreement.

3. Under the provisions of this Agreement, DISTRICT shall bear no responsibility whatsoever for the EASTVALE WQMP.

4. CITY shall indemnify, defend, and hold harmless and require its consultant(s) to indemnify, defend, and hold harmless the DISTRICT and the County of Riverside (their Agencies, Districts, Special Districts And Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents, representatives (individually and collectively hereinafter referred to as "Indemnitees") from any liabilit y whatsoever, based or asserted upon any acts, omissions or services of CITY or CITY 's consultant(s) (including their officers, employees, subcontractors, agents or representatives ("Indemnitors") arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury or death, or any other element of any kind or nature whatsoever arising from the performance of Indemnitors from this Agreement. CITY or CITY's consultant(s) shall defend, at its sole expense, all costs and fees including, but not limited, to attorney fees, cost of investigation, defense, and settlements or awards, the Indemnitees in any claim or action based upon such alleged acts or omissions.

5. With respect to any action or claim subject to indemnification herein by CITY or CITY's consultant(s), CITY or CITY's consultant(s) shall, at their sole cost, have the right to use counsel of their own choice and shall have the right to adjust, settle, or compromise any such action or claim. Any such adjustment, settlement or compromise shall not in any manner 273
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whatsoever limit or circumscribe CITY or CITY's consultant(s) indemnification to Indemnitees as set forth herein.

6. CITY or CITY's consultant(s) obligation hereunder shall be satisfied when CITY or CITY's consultant(s) has provided to DISTRICT and the County of Riverside the appropriate form of dismissal relieving DISTRICT and the County of Riverside from any liability for the action or claim involved.

7. In the event there is conflict between this clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve CITY or CITY's consultant(s) from indemnifying the Indemnitees to the fullest extent allowed by law.

8. This Agreement is to be construed in accordance with the laws of the State of California. Any action at law or in equity brought by any of the Parties hereto for the purpose of enforcing a right or rights provided for by the Agreement, shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the Parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county.

9. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

10. Time is of the essence in pursuing the work contemplated under this Agreement. At any time during the term of this Agreement, DISTRICT may terminate this Agreement for cause, including but not limited to CITY's failure to pursue the work in a timely manner, upon providing CITY thirty (30) calendar days written notice stating the extent and effective date of termination.
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11. Neither CITY nor DISTRICT shall assign this Agreement without the written consent of the other Party. Any attempt to delegate or assign any interest herein shall be deemed void and of no force or effect.

12. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity besides the Parties shall have any right of action based upon the provisions of this Agreement. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third Parties not Parties to this Agreement.

13. Any and all notices sent or required to be sent to the Parties of this Agreement will be mailed by first class mail, postage prepaid, to the following addresses:

RIVERSIDE COUNTY FLOOD CONTROL CITY OF EASTVALE
AND WATER CONSERVATION DISTRICT 12363 Limonite Avenue, Suite 910 1995 Market Street Eastvale, CA 91752
Riverside, CA 92501 Attn: Jimmy Chung
Attn: Contracts Services Section

14. This Agreement is the result of negotiations between the Parties hereto and the advice and assistance of their respective counsel. The fact that this Agreement was prepared as a matter of convenience by DISTRICT shall have no import or significance. Any uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT prepared this Agreement in its final form.

15. Any waiver by DISTRICT or CITY of any breach by any other Party of any provision of this Agreement shall not be c onstrued to be a waiver of any subsequent or other breach of the same or any other provision hereof. Failure on the part of DISTRICT or CITY to require from any other Party exact, full and complete compliance with any of the provisions of this Agreement shall not be construed as in any manner changing the terms hereof or estopping DISTRICT or CITY from enforcing this Agreement.
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16. This Agreement is intended by the Parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. This Agreement may be changed or modified only upon the written consent of the Parties hereto.

17. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Each Party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ("CUETA") Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The Parties further agree that the electronic signatures of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to CUETA as amended from time to time. CUETA authorizes use of an electronic signature for transactions and co ntracts among Parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the Party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the Parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code. //
//
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on .
(to be filled in by Clerk of the Board)

RECOMMENDED FOR APPROVAL:

RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT

By
JASON E. UHLEY
General Manager-Chief Engineer

By
KAREN SPIEGEL, Chair
Riverside County Flood Control and Water
Conservation District Board of Supervisors

APPROVED AS TO FORM:

ATTEST:

MINH TRAN
County Counsel

KIMBERLY RECTOR
Clerk of the Board

KRISTINE BELL-VALDEZ
Supervising Deputy County Counsel

By
Deputy

(SEAL)

Funding Agreement: City of Eastvale
Eastvale Alternate Drainage and Water Quality Master Plan Project No. 2-6-10040
01/11/2023
AK/AMR:jss
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RECOMMENDED FOR APPROVAL:

CITY OF EASTVALE

MARK ORME
City Manager

(SEAL)

APPROVED AS TO FORM:

ATTEST:

ERICA VEGA
City Attorney

By
MARC A. DONOHUE
City Clerk

(SEAL)

Funding Agreement: City of Eastvale
Eastvale Alternate Drainage and Water Quality Master Plan Project No. 2-6-10040
01/11/2023
AK/AMR:jss
By ___________________________

CLINT LARIMORE
Mayor

TODD RIGBY
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A- 2022- 042

AGREEMENT FOR ON - CALL PROFESSIONAL SERVICES
TRAFFIC/ TRANSPORATION ENGINEERING SERVICES; GENERAL CIVIL PROJECT PLANNING AND ENGINEERING SERVICES]
This Agreement for On -Call Professional Services (" Agreement") is entered into as of this tj day of O , 2022 by and between the City of Eastvale, a municipal corporation (" City') and Albert A. Webb Associates (" Contractor"). City and Contractorare sometimes hereinafter individually referredto as 'Party" and hereinafter collectively referred to as the ' Parties."

RECITALS
A. City has sought, by request for qualifications the performance of the services defined and described particularly in Section 2 of this Agreement.

B. Contractor, following submission of its qualifications for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to be eligible to perform those services as needed and requested by the City.

C. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

SECTION 1. TERM OF AGREEMENT.

Subject to the provisions of Section 20 ' Termination of Agreement" of this Agreement, the Term of this Agreement is for three years commencing on the date first ascribed above.

SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE., a) Scope of Services. Contractor agrees to perform Traffic/ Transportation Engineering Services, and General Civil Project Planning and Engineering Services hereinafter, the "Services") as requested and authorized by the City. [ The Services are more particularly described in Exhibit " A" attached hereto and incorporated herein.] When the City desires to utilize Contractor for Services, the City will issue a Task Order that includes a Scope of Services to be performed and the compensation to be paid for the Services within the Task Order. Each Task Order shall be attached to this Agreement as part of Exhibit " A" ( e.g., the first Task Order will be Exhibit " A- 1", the second Exhibit " A- 2," etc.). Each Task Order is made a part of this Agreement by this reference.
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b) Schedule of Performance. The Services authorized by each Task Order shall be completed pursuant to the schedule stated in the Task Order. Should the Services not be completed pursuant to that schedule, the Contractor shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Contractor to continue performing the Services.

SECTION 3. ADDITIONAL SERVICES.

Contractor shall not be compensated for any work rendered that are in addition to or outside of the Services authorized by a Task Order unless such additional services are authorized in advance and in writing in accordance with Section 26 " Administration and Implementation" or Section 28 " Amendment" of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
a) The City has entered or will enter into a maximum of nine ( 9) non- exclusive contracts for performance of the Scope of Services identified in Exhibit A, including this Agreement (" On - Call Contracts"). The total aggregate amount payable by the City pursuant to the Task Orders issued under the On -Call Contracts shall not exceed a cumulative maximum total value of Nine Hundred Thousand Dollars 900, 000) (" NTE Sum"). One Hundred Fifty Thousand Dollars ($ 150, 000) per fiscal year, for a total of Four Hundred Fifty Thousand Dollars ($ 450, 000) for the Term of the Agreement, shall be available for each of the three categories of services in Section 2( a): ( 1) Traffic/ Transportation Engineering Services; and ( 2) General Civil Project Planning and Engineering Services. Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in each Task Order for the Services identified in the Task Order. The City Manager shall have the authority to approve Task Orders for Services that do not exceed the City Manager' s then -current signing authority for purchases of professional services as set forth in Section 4. 06. 050, as that section may be amended from time to time. All other Task Orders shall be approved by the City Council prior to the commencement of the Services. It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under the On - Call Contracts through Task Orders.

Each time a Task Order is awarded under any of the On -Call Contracts, the City will send written notification to Contractor and each of the other consultants entering into the On - Call Contracts. The notice will identify the total funds allocated under issued Task Orders, and the remaining unencumbered amount of the NTE Sum. Contractor acknowledges and agrees that the City will not pay any amount under this Agreement that would exceed the NTE Sum, and Contractor shall not enter into a Task Order that exceeds the NTE Sum.
b) Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor ( by sub -category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be 2-
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detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection ( a) and the applicable Task Order include payment of labor on an hourly basis ( as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection ( c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission.
c) Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will use its best efforts to cause Contractor to be paid within thirty ( 30) days of receipt of Contractor' s correct and undisputed invoice.
d) Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

Acceptance of any of Contractor' s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 Indemnification" and Section 17 " Insurance."
SECTION 6. OWNERSHIP OF DOCUMENTS.

All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement, Contractor' s guarantees and warranties in Section 9 " Standard of Performance" of this 3-
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Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.

All final work product developed by Contractor in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such final work product if paid for by the City. This provision specifically excludes Contractors' work notes and drafts, which are owned by Contractor, not City.

Any and all such documents or records shall be maintained for three ( 3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. In accordance with California Government Code Section 8546. 7, if the total compensation in Section 4 exceeds ten thousand dollars ($ 10, 000. 00), this Agreement and the Contractor' s books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three ( 3) years after final payment under the Agreement.
b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor' s address indicated for receipt of notices in this Agreement. c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Contractor' s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors - in -interest and authorized representatives.

SECTION 8. INDEPENDENT CONTRACTOR.
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a) Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. b) The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor' s exclusive direction and control.

Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Contractor or any of Contractor' s officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor' s officers, employees, or agents are in any manner officials, officers, employees or agents of City.
c) Neither Contractor, nor any of Contractor' s officers, employees, agents or subcontractors shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Contractor expressly waives any claim Contractor, its officers, employees, agents or subcontractors, may have to any such rights. Contractor' s indemnity obligations in Section 16 " Indemnification" of this Agreement include the obligation to indemnify the City from and against any liability that may arise related to claims that Contractor, or its officers, employees, agents or subcontractors, are entitled to retirement, health care or any other benefits that accrue to City employees. This provision shall survive the expiration or earlier termination of this Agreement.

SECTION 9. STANDARD OF PERFORMANCE.

Contractor represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Contractor under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Task Orders attached hereto in Exhibit " A" that shall also be applicable to Contractor' s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

Contractor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Contractor shall obtain any and all licenses, permits and W-21
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authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this section.

SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Contractor that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.

SECTION 12. NONDISCRIMINATION.

Contractor shall not discriminate, in any way, against any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status in connection with or related to the performance of this Agreement.

SECTION 13. UNAUTHORIZED ALIENS.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et SeM., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein.

Should Contractor so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

SECTION 16. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered " voluntary" provided Contractor gives City notice of such court order or subpoena.
c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney' s fees, caused by or incurred as a result of Contractor' s conduct.

Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Contractor shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. 7-
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SECTION 16. INDEMNIFICATION.
a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Contractor' s services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (" Indemnified Parties") from and against any and all liability ( including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys' fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor, in the performance of professional services under this Agreement. b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability ( including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys' fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. c) Indemnification from Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Contractor fails to obtain such indemnity obligations from others as required herein, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section. d) City' s Negligence. The provisions of this section do not apply to claims occurring as a result of City' s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.

SECTION 17. INSURANCE.

Contractor agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit " B" " Insurance" and made a 286
part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Contractor agrees to provide City with copies of required policies upon request.

SECTION 18. ASSIGNMENT.

The expertise and experience of Contractor are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Contractor under this Agreement. In recognition of that interest, Contractor shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Contractor' s duties or obligations under this Agreement without the prior written consent of the City.

Any attempted assignment shall be ineffective, null and void, and 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 pursuant to Section 20 " Termination of Agreement." City acknowledges, however, that Contractor, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.

SECTION 19. CONTINUITY OF PERSONNEL.

Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor' s staff and subcontractors, if any, assigned to perform the Services. Contractor shall notify City of any changes in Contractor' s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance.

SECTION 20. TERMINATION OF AGREEMENT. -
a) City may terminate this Agreement, with or without cause, at any time by giving thirty ( 30) days written notice of termination to Contractor. In the event such notice is given, Contractor shall cease immediately all work in progress. b) Contractor may terminate this Agreement for cause at any time upon thirty 30) days written notice of termination to City.
c) If either Contractor or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Contractor, or City may terminate this Agreement immediately upon written notice. d) Upon termination of this Agreement by either Contractor or City, all property belonging exclusively to City which is in Contractor' s possession shall be returned to City. Contractor shall furnish to City a final invoice for work performed and expenses incurred by Contractor, prepared as set forth in Section 4 " Compensation and Method of Payment" of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 " Compensation and Method of Payment" of this Agreement.

SECTION 21. DEFAULT.
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In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty ( 30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 " Termination of Agreement." Any failure on the part of the City to give notice of the Contractor' s default shall not be deemed to result in a waiver of the City's legal rights or any rights arising out of any provision of this Agreement.

SECTION 22. EXCUSABLE DELAYS.

Contractor shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Contractor. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

SECTION 23. COOPERATION BY CITY.

All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Contractor in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.

SECTION 24. NOTICES.

All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by certified mail, postage prepaid and return receipt requested, addressed as follows:

To City: City of Eastvale
Attn: City Manager
12363 Limonite Ave., Suite 910
Eastvale, CA 91752
To Contractor: Albert A. Webb Associates
Attn: Dilesh Sheth
3788 McCray Street
Riverside, CA 92506
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Notice shall be deemed effective on the date personally delivered or, if mailed, three ( 3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. AUTHORITY TO EXECUTE.

Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to execute this Agreement.

SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 " Amendment" and the City Manager' s contracting authority under the Eastvale Municipal Code.

SECTION 27. BINDING EFFECT.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

SECTION 28. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager' s contracting authority under Section 4. 06. 050 of the Eastvale Municipal Code. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. The City' s City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City's rights under this Agreement. All other amendments shall be approved by the City Council.

SECTION 29. WAIVER.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.

Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services 11-
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by Contractor shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 30. LAW TO GOVERN; VENUE.

This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U. S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.

In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney' s fees, costs and expenses, in addition to any other relief to which it may be entitled.

SECTION 32. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits " A" ( including all subparts of Exhibit " A") and " B", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Contractor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

SECTION 33. SEVERABILITY.

If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision( s). 12-
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M* 01NU& T, LIN] N=*( 4k1MkTJ kVJ
This Agreement shall not preclude the City from contracting with other persons for work that could be performed by Contractor under this Agreement or utilizing City employees to perform such work.

Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first -above written.

Marc gonohue
City Clerk

APPROVED AS TO FORM
Erica Vega
City Attorney

CITY OF EASTVALE
Henry Garcia
Interim City Manager
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Albert A. Webb Associates
By: OW4
Name: Dilesh Sheth
Its: Senior Vice President
NOTE: CONTRACTOR' S SIGNATURES SHALL BE DULY NOTARIZED, AND

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE

REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR

OTHER RULES OR REGULATIONS APPLICABLE TO
CONTRACTOR' S BUSINESS ENTITY. CORPORATIONS AND LLCS

MUST SUBMIT DOCUMENTATION SHOWING THAT THE INDIVIDUAL

SIGNING ON ITS BEHALF HAS THE AUTHORITY TO EXECUTE THIS CONTRACT.
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EXHIBIT " A"

SCOPE OF SERVICES & COMPENSATION
TASK ORDERS TO BE INSERTED HERE ONCE APPROVED. EACH TASK ORDER

MUST CONTAIN A SPECIFIC SCOPE OF SERVICE AND COMPENSATION INFORMATION FOR THOSE SERVICES.]
A- 1
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EXHIBIT " B"

INSURANCE
A. Insurance Requirements. Contractor shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Contractor, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.

Contractor shall provide the following scope and limits of insurance:

1. Minimum Scope of Insurance. Coverage shall be at least as broad l
1) Commercial General Liability. Insurance Services Office form Commercial General Liability coverage ( Occurrence Form CG 0001). 2) Automobile. Insurance Services Office form number CA 0001 ( Ed. 1/ 87) covering Automobile Liability, including code 1 " any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. 3) Workers' Compensation. Workers' Compensation insurance as required by the Labor Code of State of California covering all persons providing Services on behalf of the Contractor and all risks to such persons under this Agreement. 4) Professional Liability. Professional liability insurance appropriate to the Contractor' s profession. This coverage may be written on a " claims made" basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three ( 3) consecutive years following the completion of Contractor' s services or the termination of this Agreement.

During this additional three ( 3) year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage.

2. Minimum Limits of Insurance. Contractor shall maintain limits of insurance no less than:
1) Commercial General Liability. $ 1, 000, 000 general
aggregate for bodily injury, personal injury and property damage. 2) Automobile. $ 1,000, 000 per accident for bodily injury and property damage. A combined single limit policy with aggregate limits in an amount of C- 1
295
not less than $ 2, 000, 000 shall be considered equivalent to the said required minimum limits set forth above.
3) Workers' Compensation. Workers' Compensation as
required by the Labor Code of the State of California of not less than $ 1,000, 000 per occurrence.
4) Professional Liability. $ 1,000, 000 per occurrence.

B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:

1. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City.

2. Commercial General Liability and Automobile Liability Coverages. 1) City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Contractor performs; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees. 2) Contractor' s insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Contractor' s insurance. 3) Contractor' 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) Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.

3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation C- 2
296
against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Contractor.

C. Other Requirements. Contractor agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City may require that Contractor furnish City with copies of original endorsements effecting coverage required by this Exhibit " B". The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

1. Contractor shall furnish certificates and endorsements from each subcontractor identical to those Contractor provides.

2. Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.

3. The procuring of such required policy or policies of insurance shall not be construed to limit Contractor' s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.

C- 3
297

ALSEAWE- DI RDEANDA
4 ZY

CERTIFICATE OF LIABILITY INSURANCE

DATE( MMIDDIYYYY)
5/ 6/ 2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(! es) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).

PRODUCERLicense # 0757776 CONTACT Kristle Koehrer
HUB International Insurance Services Inc.

PO Box 5345
Riverside, CA 92617
we°°, No, Extl: (951j 779-8558 X, No ;(9$ 1) 231- 2672

E- MAIL
cal. c u@hubinternational. coms: p
INSURERS AFFORDING COVERAGE NAIC #
INSURERA: Travelers Property Casualty Company of America 26674

INSURED
INSURERB : Lexington Insurance Company 19437
INSURER C : Albert A. Webb Associates
INSURER D : 3788 McCray Street
Riverside, CA 92506
INSURER E :

INSURER F :

COVERAGES CERTIFICATE NUMBER- RFVI. glnN NIIMRFR-

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR

TYPE OF INSURANCE

ADDL SUBR

POLICY NUMBER

POLICY EFF POLICY EXP
LIMITS

A X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADEOXoccua X P- 630- 5456P929- TIL- 22 2/ 1/ 2022 2/ 112023 EACH OCCURRENCE 1, 000, 000

DAMAGE TO RENTED
PREMISES ( Ea occurrence)
300, 000
X MED EXP An one person)$ 5, 0000 Deductible
PERSONAL & ADV INJURY S 1, 000, 000
GEN' L AGGREGATE LIMIT APPLIES PER:

POLICY j LOC
GENERAL AGGREGATE 2, 000, 000
PRODUCTS - COMPIOP AGG 2, 000, 000
OTHER:

A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
1Ea accident) S
1, 000, 000
X BODILY INJURY Perperson) SANY AUTO

OWNED SCHEDULED

AUTOS ONLY AUTOS
X BA- 3L23491A- 22- 43- G 2/ 1/ 2022 2/ 1/ 2023
BODILY INJURY Per accident S
X PPescEanden
DAMAGE
S
y p

AUTOSONLY X AUTOONLY
S

A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE S
1, 000, 000
AGGREGATE 1, 000, 000EXCESS LIAR CLAIMS - MADE CUP- 9H486836- 22- 43 2/ 1/ 2022 2/ 112023 DED X RETENTION $

A WORKERSCOMPENSATION

ANDEMPLOYERS' LIABILITY

ANY PROPRIETOR/ PARTNER/ EXECUIIVE
YIN

FICER/ MEM EXCLUDEO Y
MandatoryIn
If yes. describe under
DESCRIPTION OF OPERATIONS below
N 1 A
X UB- 4J648178- 21-43- G 9/ 112021 91112022
X PER
ERH-
ISTATUT1, 000, 000E. L. EACH ACCIDENT
E. L. DISEASE - EA EMPLOYE S
1, 000, 000
E. L. DISEASE - POLICY LIMIT 1, 000, 000
B Professional Llab. 031711122 9/ 1/ 2021 9/ 1/ 2022 Ded $ 150k/ EaCla( m 1M 1, 000, 000 DESCRIPTIONOFOPERATIONS1LOCATIONSI VEHICLES (ACORD101, AddltlonalRemarksSchedule, maybeattachedIf morespaceIsrequired) City of Eastvale and its respective elected and appointed officers, officials, and employees and volunteers are Additional Insureds with regard to the General Liability policy per the attached endorsement form CGD414 04108, Primary & Non -Contributory included. Per Project Aggregate applies with regard to General Liability per the attached endorsement form CGD321 01/04. Additional Insured applies with regard to the Auto Liability policy per the attached endorsement form CAT353 02115. Primary & Non -Contributory wording applies with regard to the Auto Liability policy per the attached endorsement form CAT474 02116.

Waiver of Subrogation applies with regard to the Workers' Compensation policy per the attached endorsement form WC990376( A). Excess Liabillity follows form of the underlying General, Auto and Employers Liability coverages.

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Eastvalety

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
12363 Limonite Ave, Suite 910
Eastvale, CA 91752

AUTHORIZED REPRESENTATIVE
i
ACORD 25 ( 2016/ 03) © 1988- 2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
298
Albert A. Webb Associates
Policy Number: P-630- 5456P929- TIL- 22
Policy Period: 02/0112022 to 02/01/2023

COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET ADDITIONAL INSURED - WRITTEN

CONTRACTS ( ARCHITECTS, ENGINEERS AND

SURVEYORS)
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

1. The following is added to SECTION II — WHO IS
AN INSURED:

Any person or organization that you agree in a
written contract requiring insurance" to include as
an additional insured on this Coverage Part, but:
a. Only with respect to liability for " bodily injury", property damage" or " personal injury"; and
b. If, and only to the extent that, the injury or
damage is caused by acts or omissions of
you or your subcontractor in the performance
of " your work" to which the " written contract
requiring insurance" applies. The person or
organization does not qualify as an additional
insured with respect to the independent acts
or omissions of such person or organization.

The insurance provided to such additional insured
is limited as follows:
c. In the event that the Limits of Insurance of
this Coverage Part shown in the Declarations
exceed the limits of liability required by the
written contract requiring insurance", the in-
surance provided to the additional insured
shall be limited to the limits of liability required
by that " written contract requiring insurance".

This endorsement shall not increase the limits
of insurance described in Section III — Limits
Of Insurance.
d. This insurance does not apply to the render-
ing of or failure to render any " professional
services" or construction management errors
or omissions.
e. This insurance does not apply to " bodily in-
jury" or " property damage" caused by " your
work" and included in the " products -
completed operations hazard" unless the
written contract requiring insurance" specifi-
cally requires you to provide such coverage
for that additional insured, and then the insur-
ance provided to the additional insured ap-
plies only to such " bodily injury" or " property
damage" that occurs before the end of the pe-
riod of time for which the " written contract re-
quiring insurance" requires you to provide
such coverage or the end of the policy period,
whichever is earlier.

2. The following is added to Paragraph 4.a. of SEC-
TION IV — COMMERCIAL GENERAL LIABILITY
CONDITIONS:

The insurance provided to the additional insured
is excess over any valid and collectible " other in-
surance", whether primary, excess, contingent or
on any other basis, that is available to the addi-
tional insured for a loss we cover. However, if you
specifically agree in the " written contract requiring
insurance" that this insurance provided to the ad-
ditional insured under this Coverage Part must
apply on a primary basis or a primary and non-
contributory basis, this insurance Is primary to
other insurance" available to the additional in-
sured which covers that person or organization as
a named insured for such loss, and we will not
share with that " other insurance". But this insur-
ance provided to the additional insured still is ex-
cess over any valid and collectible " other insur-
ance", whether primary, excess, contingent or on
any other basis, that is available to the additional
insured when that person or organization is an
additional insured under any " other insurance".

3. The following is added to SECTION IV — COM-
MERCIAL GENERAL LIABILITY CONDITIONS:

Duties Of An Additional Insured
As a condition of coverage provided to the addi-
tional insured:
a. The additional insured must give us written
notice as soon as practicable of an " occur-
rence" or an offense which may result in a
claim. To the extent possible, such notice
should include:

CG D414 04 08 0 2008 The Travelers Companies, Inc. Page 1 of 2 299

COMMERCIAL GENERAL LIABILITY

1. How, when and where the " occurrence"
or offense took place;
ii. The names and addresses of any injured
persons and witnesses; and
Ili. The nature and location of any injury or
damage arising out of the " occurrence" or
offense.
b. If a. claim is,.made or " suit" is brought against
the additionalinsured, the additionalinsured
must:

1. Immediately record the specifics of the
claim or " suit" and the date received; and

11. Notify us as soon as practicable.

The additional insured must see to it that we
receive written notice of the claim_ or " suit" as
soon as practicable.
c. The additional insured must immediately send
us copiesof all legal papersreceivedin con-
nection with the claim or'" suit", cooperate with
us in the investigation or settlement of the
claim or defense against the " suit", and oth-
erwise comply with all policy conditions.
d. The additional insured must tender the de-
fense and indemnity of any claim or "suit" to
any provider of other Insurance which would
cover the additional insured for a loss we
cover. However, this condition does not affect
whether- this insurance provided to the addi-
tional insured is primary to that other insur-
ance available to the additional insured which
covers that person or organization as a
named insured.

4. The following is added to the DEFINITIONS Sec-
tion:

Written contract requiring insurance" means that
part of any written contract or agreement under
which you are required to. include a person or or-
ganization as an additional insured on this Cover-
age Part, provided that the " bodily injury" and
property damage" occurs and the " personal in-
jury" is caused by an offense committed:
a. After the signing and execution of the contract
or agreement by you;
b. While that part of the contract or agreement is
in effect; and
c. Before the end of the policy period.

Page 2 of 2 ends

300
Albert A. Webb Associates
Policy Term: 02/01/2022 to 02/01/2023 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: P- 630- 5456P929- TIL- 22 ISSUE DATE: 02- 01- 2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY

TOTAL GENERAL AGGREGATE LIMIT

DESIGNATED PROJECT( S) - GENERAL

AGGREGATE LIMIT
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Total General Aggregate Limit: $ 10, 000, 000
Designated Project( s):

EACH " PROJECT" FOR WHICH YOU HAVE AGREED, IN A WRITTEN CONTRACT WHICH IS IN EFFECT DURING

THIS POLICY PERIOD, TO PROVIDE A SEPARATE GENERAL AGGREGATE LIMIT, PROVIDED THAT THE CONTRACT IS SIGNED AND EXECUTED BY YOU BEFORE THE " BODILY INJURY" OR " PROPERTY DAMAGE" OCCURS
If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
A. The Total General Aggregate Limit stated in the
Schedule above is the most we will pay for the
sum of all:

1. Medical Expenses under COVERAGE C
SECTION 1);

2. Damages under COVERAGE A ( SECTION 1),
except damages because of " bodily injury" or
property damage" included in the " products -
completed operations hazard"; and

3. Damages under COVERAGE B ( SECTION 1)
regardless of the number of:
a. Insureds;
b. Claims made or " suits" brought;
c. Persons or organizations making claims or
bringing " suits"; or
d. Designated " projects" listed in the SCHED-
ULE above.

B. For all sums which the insured becomes legally
obligated to pay as damages caused by " occur-
rences" under COVERAGE A ( SECTION 1), and
for all medical expenses caused by accidents un-
der COVERAGE C ( SECTION 1), which can be at-
tributed only to operations at a single designated
project" shown in the Schedule above:

1. A separate Designated Project General Ag-
gregate Limit applies to each designated " pro-
ject", and that limit is equal to the amount of
the General Aggregate Limit shown in the
Declarations.

2. Subject to the Total General Aggregate Limit
stated in the Schedule above, the Designated
Project General Aggregate Limit is the most
we will pay for the sum of all damages under
COVERAGE A, except damages because of
bodily injury" or " property damage" included
in the " products -completed operations haz-
ard", and for medical expenses under COV-
ERAGE C regardless of the number of:
a. Insureds;
b. Claims made or " suits" brought; or
c. Persons or organizations making claims
or bringing " suits".

CG D3 21 01 04 Copyright, The Travelers Indemnity Company, 2004 Page 1 of 2 301

COMMERCIAL GENERAL LIABILITY

3. Any payments made under COVERAGE A for
damages or under COVERAGE C for medical
expenses shall reduce both the Total General
Aggregate Limit stated in the Schedule
above, and the Designated Project General
Aggregate Limit for that designated " project".

Such payments shall not reduce the General
Aggregate Limit shown in the Declarations
nor shall they reduce any other Designated
Project General Aggregate Limit for any other
designated " project" shown in the Schedule
above.

4. The limits shown in the Declarations for Each
Occurrence, Damage To Premises Rented To
You and Medical Expense continue to apply.

However, instead of being subject to the
General Aggregate Limit shown in the Decla-
rations, such limits will be subject to both the
Total General Aggregate Limit stated in the
Schedule above, and the applicable Desig-
nated Project General Aggregate Limit.

C. For all sums which the insured becomes legally
obligated to pay as damages caused by " occur-
rences" under COVERAGE A ( SECTION 1), and
for all medical expenses caused by accidents un-
der COVERAGE C ( SECTION 1), which cannot be
attributed only to operations at a single desig-
nated " project" shown in the Schedule above:

1. Any payments made under COVERAGE A for
damages or under COVERAGE C for medical
expenses shall reduce the amount available
under the Total General Aggregate Limit
stated in the Schedule above and the General
Aggregate Limit, or the Products - Completed
Operations Aggregate Limit, whichever is ap-
plicable; and

2. Such payments shall not reduce any Desig-
nated Project General Aggregate Limit.

As respects this Provision C., the limits shown in
the Declarations for Each Occurrence, Damage
To Premises Rented To You and Medical Ex-
pense continue to apply.

D. Part 2. of SECTION III — LIMITS OF INSURANCE
is deleted and replaced by the following:

2. The General Aggregate Limit is the most we
will pay for the sum of:
a. Damages under Coverage B; and
b. Damages from " occurrences" under
COVERAGE A ( SECTION 1) and for all
medical expenses caused by accidents
under COVERAGE C ( SECTION 1) which
cannot be attributed only to operations at
a single designated " project" shown in the
SCHEDULE above.

E. When coverage for liability arising out of the
products -completed operations hazard" is pro-
vided, any payments for damages because . of
bodily injury" or " property damage" included in
the " products -completed operations hazard" will
reduce the Products -Completed Operations Ag-
gregate Limit, and not reduce the Total General
Aggregate Limit stated in the Schedule above, the
General Aggregate Limit, or the Designated Pro-
ject General Aggregate Limit.

F. For the purposes of this endorsement the Defini-
tions Section is amended by the addition of the
following definition:

Project" means an area away from premises
owned by or rented to you at which you are per-
forming operations pursuant to a contract or
agreement. For the purposes of determining the
applicable aggregate limit of insurance, each
project" that includes premises involving the
same or connecting lots, or premises whose con-
nection is interrupted only by a street, roadway,
waterway or right-of-way of a railroad shall be
considered a single " project".

G. The provisions of LIMITS OF INSURANCE
SECTION III) not otherwise modified by this en-
dorsement shall continue to apply as stipulated.

Page 2 of 2 ends

302
Albert A. Webb Associates
Policy Number: BA- 3L23491A- 22-43-G
Policy Term: 02/01/2022 to 02/01/2023 COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET ADDITIONAL INSURED - PRIMARY AND

NON- CONTRIBUTORY WITH OTHER INSURANCE
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

PROVISIONS

1. The following is added to Paragraph A. 1.c., Who
Is An Insured, of SECTION II — COVERED
AUTOS LIABILITY COVERAGE:

This includes any person or organization who you
are required under a written contract or
agreement between you and that person or
organization, that is signed by you before the
bodily injury" or " property damage" occurs and
that is in effect during the policy period, to name
as an additional insured for Covered Autos
Liability Coverage, but only for damages to which
this insurance applies and only to the extent of
that person' s or organization' s liability for the
conduct of another " insured".

2. The following is added to Paragraph B.5., Other
Insurance of SECTION IV — BUSINESS AUTO
CONDITIONS:

Regardless of the provisions of paragraph a. and
paragraph d. of this part 5. Other Insurance, this
insurance is primary to and non-contributory with
applicable other insurance under which an
additional insured person or organization is the
first named insured when the written contract or
agreement between you and that person or
organization, that is signed by you before the
bodily injury" or " property damage" occurs and
that is in effect during the policy period, requires
this insurance to be primary and non-contributory.

CA T4 74 02 16 u 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 303
Albert A. Webb Associates
Policy Number: BA- 3L23491A- 22-43-G
Policy Term: 02/01/2022 to 02/ 01/2023

COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BUSINESS AUTO EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.

A. BROAD FORM NAMED INSURED
B. BLANKET ADDITIONAL INSURED
C. EMPLOYEE HIRED AUTO
D. EMPLOYEES AS INSURED
E. SUPPLEMENTARY PAYMENTS — INCREASED
LIMITS
F. HIRED AUTO — LIMITED WORLDWIDE COV-
ERAGE — INDEMNITY BASIS
G. WAIVER OF DEDUCTIBLE — GLASS

PROVISIONS
A. BROAD FORM NAMED INSURED
The following is added to Paragraph A. 1., Who Is
An Insured, of SECTION 11— COVERED AUTOS
LIABILITY COVERAGE:

Any organization you newly acquire or form dur-
ing the policy period over which you maintain
50% or more ownership interest and that is not
separately insured for Business Auto Coverage.

Coverage under this provision is afforded only un-
til the 180th day after you acquire or form the or-
ganization or the end of the policy period, which-
ever is earlier.

B. BLANKET ADDITIONAL INSURED
The following is added to Paragraph c. in A. 1.,
Who Is An Insured, of SECTION II — COVERED
AUTOS LIABILITY COVERAGE:

Any person or organization who is required under
a written contract or agreement between you and
that person or organization, that is signed and
executed by you before the " bodily injury" or
property damage" occurs and that is in effect
during the policy period, to be named as an addi-
tional insured is an " insured" for Covered Autos
Liability Coverage, but only for damages to which
H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF
USE — INCREASED LIMIT
I. PHYSICAL DAMAGE — TRANSPORTATION
EXPENSES — INCREASED LIMIT
J. PERSONAL PROPERTY
K. AIRBAGS
L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
M. BLANKET WAIVER OF SUBROGATION
N. UNINTENTIONAL ERRORS OR OMISSIONS
this insurance applies and only to the extent that
person or organization qualifies as an " insured"
under the Who Is An Insured provision contained
in Section II.

C. EMPLOYEE HIRED AUTO

1. The following is added to Paragraph A. 1.,
Who Is An Insured, of SECTION 11 — COV-
ERED AUTOS LIABILITY COVERAGE:

An " employee" of yours is an " insured" while
operating an " auto" hired or rented under a
contract or agreement in an " employee' s"
name, with your permission, while performing
duties related to the conduct of your busi-
ness.

2. The following replaces Paragraph b. in B.5.,
Other Insurance, of SECTION IV — BUSI-
NESS AUTO CONDITIONS:
b. For Hired Auto Physical Damage Cover-
age, the following are deemed to be cov-
ered " autos" you own:
1) Any covered " auto" you lease, hire,
rent or borrow, and
2) Any covered " auto" hired or rented by
your " employee" under a contract in
an " employee' s" name, with your
CA T3 53 0215 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 304

COMMERCIAL AUTO
permission, while performing duties a) With respect to any claim made or "suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions
auto" However, any auto that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a Rico and Canada:
covered " auto". 1) You must arrange to defend the " in- D. EMPLOYEES AS INSURED sured" against, and investigate or set - tie any such claim or " suit" and keep
The following is.added to Paragraph. Aj., Who Is us advised of all proceedings and ac- An Irisur,ed.. of SECTION II — COVEREDAUTOS tions.

LIABILITY COVERAGE:
11) Neither you nor any other involved
Any "employee" of yours is an "insured" while us- insured" will make any settlement ing a covered "auto" you don't own, hire or borrow without our consent. in your business or your personal affairs.
iii) We may, at our discretion, participate
SUPPLEMENTARY PAYMENTS — INCREASEDE. SU in defending the " insured" against, orLlilPP in the settlement of, any claim or

1. The following replaces Paragraph A.2.a.(2), suit".
of SECTION II — COVERED AUTOS LIABIL- iv) We will reimburse the " insured" for ITY COVERAGE: sums that the " insured" legally must
2) Up to $ 3, 000 for cost of bail bonds ( in- pay as damages because of " bodily cluding bonds for related traffic law viola- injury" or "property damage" to which tions) required because of an " accident" this insurance applies, that the " in - we cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described in Para-

2. The following replaces Paragraph A. 2.a.(4), graph C., Limits Of Insurance, of of SECTION II — COVERED AUTOS LIABIL- SECTION II — COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE.
4) All reasonable expenses incurred by the
v) We will reimburse the " insured" for
insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $ 500 a day be- with our consent for your Investiga- cause of time off from work. tion of such claims and your defense of the " insured" against any such
F. HIRED AUTO — LIMITED WORLDWIDE COV- suit", but only up to and included ERAGE — INDEMNITY BASIS within the limit described in Para - The following replaces Subparagraph ( 5) in Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION II — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to
5) Anywhere in the world, except any country or makesuch paymentsendswhenwe jurisdiction while any trade sanction, em- have used up the applicablelimit of bargo, or similar regulation imposed by the insurance in payments for damages, United States of America applies to and pro-
settlements or defense expenses.
hibits the transaction of business with or b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the " insured" whether primary, excess, auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less c) This insurance is not a substitute for re - and that is not an " auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your " employees",
country outside the United States, its ter -
partners ( if you are a partnership), members ritories and possessions, Puerto Rico and if you are a limited liability company) or Canada.
members of their households.

Page 2 of 4 ends

Includescopyrightedmaterialof InsuranceServicesOffice, Inc. withits permission. 305
You agree to maintain all required or
compulsory insurance in any such coun-
try up to the minimum limits required by
local law. Your failure to comply with
compulsory insurance requirements will
not invalidate the coverage afforded by
this policy, but we will only be liable to the
same extent we would have been liable
had you complied with the compulsory in-
surance requirements.
d) It is understood that we are not an admit-
ted or authorized insurer outside the
United States of America, its territories
and possessions, Puerto Rico and Can-
ada. We assume no responsibility for the
furnishing of certificates of insurance, or
for compliancein any way with the laws
of other countries relating to insurance.

G. WAIVER OF DEDUCTIBLE — GLASS
Thefollowingis addedto ParagraphD., Deducti-
ble, of SECTION III — PHYSICAL DAMAGE
COVERAGE:

No deductible for a covered " auto" will apply to
glass damage If the glass is repaired rather than
replaced.

H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF
USE — INCREASED LIMIT
The following replaces the last sentence of Para-
graph A. 4. b., Loss Of Use Expenses, of SEC-
TION III — PHYSICAL DAMAGE COVERAGE:

However, the most we will pay for any expenses
for loss of use is $ 65 per day, to a maximum of
750 for any one "accident".

I. PHYSICAL DAMAGE — TRANSPORTATION
EXPENSES — INCREASED LIMIT
The following replaces the first sentence in Para-
graph A. 4. a., Transportation Expenses, of
SECTION III — PHYSICAL DAMAGE COVER-
AGE:

We will pay up to $ 50 per day to a maximumof
1,500for temporarytransportationexpensein-
curred by you because of the total theft of a cov-
ered "auto" of the private passenger type.

J. PERSONAL PROPERTY
The following Is added to Paragraph A. 4., Cover-
age Extensions, of SECTION III — PHYSICAL
DAMAGE COVERAGE:

Personal Property
We will pay up to $ 400 for " loss" to wearing ap-
parel and other personal property which is:
1) Owned by an " insured"; and

COMMERCIAL AUTO
2) In or on your covered " auto".

This coverage applies only in the event of a total
theft of your covered "auto".

No deductibles apply to this Personal Property
coverage.

K. AIRBAGS
The following is added to Paragraph B.3., Exclu-
slons, of SECTION III - PHYSICAL DAMAGE
COVERAGE:

Exclusion 3. a. does not apply to " loss" to, one or
more airbags in a covered "auto" you own that In-
flate due to a cause other than a cause of " lossother. set forth in Paragraphs . 1.b. and A.1.c., but
only:
a. If that " auto" is a covered " auto" for Compre-
hensive Coverage under this policy;
b. The airbags are not covered under any war-
ranty; and
c. The airbags were not intentionally inflated.

We will pay up to a maximum of $ 1,000 for any
one " loss".

L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
The following is added to Paragraph A.2.a., of
SECTION IV — BUSINESS AUTO CONDITIONS:

Your duty to give us or our authorized representa-
tive prompt notice of the " accident" or "loss" ap-
plies only when the " accident" or "loss" is. known
to:
a) You (if you are an individual);
b) A partner ( if you are a partnership);
c) A member ( if you are a limited liability com-
pany);
d) An executive officer, director . or insurance
manager. (if you are a corporation or other or-
ganization); or
e) Any " employee" authorized by you to give no-
tice of the " accident" or " loss".

M. BLANKET WAIVER OF SUBROGATION
The following replaces Paragraph A. 5., Transfer
Of Rights Of RecoveryAgainst Others To Us,
of SECTION IV — BUSINESS AUTO CONDI-
TIONS:

5. Transfer Of Rights Of Recovery Against
Others To Us
We waive any right of recovery we may have
against any person or organization to e ex-
tent required of you by a written contract
signed and executed prior to any " accident"
or " loss", provided that the "accident" or "loss"
arises out of operations contemplated by
CA T3 53 0215 © 2015 The Travelers Indemnity Company. AArights reserved. Page 3 of 4 Includes copyrighted material of Insurance services Office, Incawith its permission. 306

COMMERCIAL AUTO
such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this Insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS everthis provisiondoes notaffectour rightto col - The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment,. Misrepresentation, Or Fraud, of cancellation or non - renewal.

SECTION IV —. BUSINESS AUTO CONDITIONS:

Page 4 of 4 ends

Includes copyrighted material of Insurance Services Office, Inc. with its permission. 307
TRAVELERS. 1

ONE TOWER SQUARE
HARTFORD CT 06183

WORKERS COMPENSATION
AND

EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 76 ( A) - 003
POLICY NUMBER: UB- 4J648178- 21- 43- G

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS

ENDORSEMENT - CALIFORNIA

BLANKET WAIVER)
Wehavethe right to recover our payments from anyone liable for an injury covered by this policy. Wewill not enforce our right against the person or organization named in the Schedule.

The additional premium for this endorsement shall be 2. 00 % of the California workers' compensation pre- mium.

Person or Organization

ANY PERSON OR ORGANIZATION

FOR WHICH THE INSURED HAS

AGREED BY WRITTEN CONTRACT

EXECUTED PRIOR TO LOSS TO
FURNISH THIS WAIVER.

Schedule
Job Description

ARCHITECTURAL SERVICES
This endorsementchangesthe policy to which it is attachedand is effective on the date issued unless otherwise stated.

The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective 09/ 01/ 2021- 09/ 01/ 2022
Insured Albert A. Webb Associates
Insurance Company
Policy No. uB- 4j648178- 21- 43- G Endorsement No.

Premium
Countersigned by
DATE OF ISSUE: 09- 1- 21 ST ASSIGN: Page 1 of 1
308
RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, AMENDING ITS 2022-23 CAPITAL IMPROVEMENT FISCAL BUDGET FOR THE EASTVALE

ALTERNATE DRAINAGE PLAN MASTER PLAN
WHEREAS the budget for fiscal year 2022-23 of the City of Eastvale has been adopted by this Council in its original form, and said budget will need to be amended at times to fulfill the goals of the City; and
WHEREAS, the City departments may not exceed their appropriations by character of expense, with character of expense being defined as personnel services, services and supplies, capital outlay, debt service and transfers, without the consent of the City Manager; and WHEREAS, the City Manager may transfer appropriations, between accounts, departments, programs, and funds, as long as those appropriations do not exceed the grand total budget approved by Council.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

SECTION 1. AUTHORIZE AN APPROPRIATION IN THE MISCELLANEOUS GRANTS FUND, CAPITAL OUTLAY STORM DRAINAGE ACCOUNT NO. 240-510-6664-93031 IN THE AMOUNT OF $300,000.00 FOR THE EASTVALE ALTERNATE DRAINAGE PLAN MASTER PLAN FUNDED THROUGH THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT.

PASSED, APPROVED AND ADOPTED this 19th day of April 2023. __________________________________________
Todd Rigby
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________________ __________________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk
309

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE ) §

CITY OF EASTVALE )

I, Marc A. Donohue, City Clerk of the City of Eastvale, California, do hereby certify that the foregoing City Council Resolution No. 23-XX, was duly adopted by the City Council of the City of Eastvale, California, at a meeting held on the 19th day of April 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk
310
014897

April 29, 2022

Ms. Cassandra Sanchez, P.E.

Principal Engineer

CITY OF EASTVALE
12363 Limonite Ave., Suite 910
Eastvale, CA 91752

RE: Proposal for Schleisman Road and Scholar Way Retrofit – City of Eastvale

Dear Cassandra:

Albert A. WEBB Associates (WEBB) is pleased to provide you with this proposal to prepare a PS&E Package for the conversion of the exi sting water quality basin on the southeasterly corner of Schleisman Road and Scholar Way to underground storage chambers. The City desires to reclaim approximatly 0.58 acres of basin area and convert the surface into a p ocket park or some other amenity for this prominent location in the community.

WEBB will perform the following Scope of Engineering for the subject project:

• Topographic Survey and Base Mapping – WEBB will perform a field survey of the basin site to use in the retrofit design. Parcel lines will be created from record data. $5,700
• Updated Drainage Analysis – WEBB will p repare Technical Memorandum that updates the drainage analysis for the basin site. This will document that the hydraulics of the system will accommodate the site drainage consistent with original design. $6,700
• Amended FQWMP – WEBB will amend the existing Fin al Water Quality Management Plan of which the existing basin is a key element. This update will document that the retrofit pro vides treatment that is functionally equivalent to the approved F-WQMP. $4,100
• Improvement Plans – WEBB will prepare improvement plans of th e proposed retrofit. Included in the plans will be the chamber layout, piping, grading, and details. $26,000

311
• Technical Specifications – WEBB will prepare Technical Specifications for the proposed design. - $4,100.
• Engineer’s Estimate – WEBB will prepare a construction cost estimate for the proposed design.

We will utilize our internal dat abase of construction costs along with recent cost from chamber manufacture. $3,400
• Project Coordination – WEBB will coordinate the project to approval through the City and RCFC&WCD - $8,000

Work for this scope of services will be billed on a “Lump Sum” basis for a budget of $58,000 in accordance with our attached schedule of fees. Based upon this initial work a detailed scope and budget will be provided for continued drainage assistance for this project

If you find this proposal acceptable, please prepare an agreement for execution . We appreciate this opportunity to be of continued service and look forward to hearing from you. If you have any questions regarding this proposal, please contact us at 951-686-1070.

Sincerely,

ALBERT A. WEBB ASSOCIATES

Joseph C. Caldwell, P.E., CPSWQ, CPESC, CFM
Water Resources Practice Leader

312

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 12.8
April 26, 2023
Public Improvements Agreement - Eastvale Storage Development – 14555 Chandler Street
Prepared By:

Jimmy Chung, City Engineer
Recommended Action(s)
Staﬀ recommends that the City Council approve the Public Improvement Agreement for the project located at 14555 Chandler Street and authorize the City Manager to execute the Agreement.

Summary
On September 9, 2020 City Council approved a Major Development Plan Review for the Eastvale Self Storage facility. The project is a 158,267 square foot self-storage facility. The developer dedicated 9 feet of right-of-way on Chandler Street and a condi4on of approval was added to the project to construct public improvements that include but are not limited to sidewalk, curb gu6er, street light and pavement. The final improvements are shown in Attachment 1.

Background
Upon the execu4on of the agreement, city staﬀ will inspect the ﬁnal improvements on Chandler Street and make a recommenda4on to accept the ﬁnal improvements if they conform to the standards and requirements set forth in the project condi4ons. Once the improvements are excepted the developers bonds can be released.

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
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313

Security to be
Released
Time of
Release
Faithful
Performance
Security
After Council
Acceptance
Payment
Security
120 Days After
Council
Acceptance
provided no
claims have
been filed.

Warranty
Security
365 Days after
Council
Acceptance;
provided that
all warranty
issues are
satisfied.

Environmental
In accordance with the California Environmental Quality Act (CEQA), an Ini4al Study/Mi4gated Nega4ve Declara4on (IS/MND) was prepared to analyze the proposed project to determine poten4al signiﬁcant impacts on the environment that would result from implementa4on of the proposed Project. The analysis in the IS/MND determined that the proposed project had the poten4al to result in poten4ally signiﬁcant impacts to the following issue areas: Biological Resources, Cultural Resources, Hazards and Hazardous Materials, Noise, and Tribal Cultural Resources. A Mi4ga4on Monitoring and Repor4ng Program (MMRP) been prepared to reduce impacts to less than significant.

The draG IS/MND was released for public review on November 9, 2018 through November 28, 2018.

A no4ce was published in the Press Enterprise on November 9, 2018, to inform the public of the review period. The draG IS/MND is available on the City’s webpage and copies are available for review at Eastvale City Hall, Riverside County Clerk and Eastvale Library.

Based on staﬀ’s review, none of the comments raise any issues that require addi4onal analysis, or which call into question the adequacy of the environmental analysis.

Strategic Plan Action - Priority Level: N/A
| Target #: 5
| Goal #: 3
Plan for landscape, roads, and street maintenance.

Fiscal Impact
The costs associated with the maintenance of the City’s infrastructure will be paid from Gas Tax and Measure A Funds. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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314
Prior City Council/Commission Action
On July 15, 2020, the Planning Commission unanimously recommended that the City Council approve the proposed project. On September 9, 2020 the City Council approved the proposed project. On April 13, 2022 the City Council approved the right-of-way dedication at Chandler Street.

Attachment(s)
Attachment 1 - Public Improvements.pdf

Attachment 2 - Facility Vicinity Map.pdf

Attachment 3 - Public Improvement Agreement.pdf

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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315

SHEDSHED
SHED
SHED571
572
572 572
572
572
572
573

PROJECT LOCATION

ENGINEER'S NOTES TO CONTRACTOR

WORK TO BE DONE
CONSTRUCTION ("GREENBOOK").

AND THE 2018 EDITION OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORK

TO THIS PLAN, THE CURRENT CITY OF EASTVALE STANDARDS AND SPECIFICATIONS,

THESE IMPROVEMENTS CONSIST OF THE FOLLOWING WORK TO BE DONE ACCORDING PLACEMENT AND CONFIGURATION OF THE IMPROVEMENTS ON THE SITE.

PLAN. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE ACCURATE WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALE. DO NOT SCALE 8.

EXACT MEANING, SHALL BE DIRECTED TO THE ENGINEER OF RECORD.

BE CONSTRUCTION STANDARDS. QUESTIONS REGARDING THE SAME, OR THEIR ALL SYMBOLS AND ABBREVIATIONS SHOWN ON THIS PLAN ARE CONSIDERED TO 7.

ALL WORK.

THE CONTRACTOR SHALL OBTAIN ALL NECESSARY PERMITS AND APPROVALS FOR 6.

PROTECTION TO THESE LINES.

THIS WORK, WHETHER OR NOT SHOWN HERE ON, AND FOR ANY DAMAGE OR

EXCAVATION TO DETERMINE THE EXACT LOCATIONS OF ALL LINES AFFECTING

NOTIFYING ALL UTILITY AND IRRIGATION COMPANIES PRIOR TO WORK OR LOCATIONS ARE NOT SHOWN. THE CONTRACTOR SHALL BE RESPONSIBLE FOR

EXACT LOCATION OF SAID LINES NOR FOR UTILITY OR IRRIGATION LINES WHOSE AVAILABLE RECORDS. THE CIVIL ENGINEER ASSUMES NO LIABILITY AS TO THE

OR STRUCTURES SHOWN ON THIS PLAN ARE OBTAINED BY A SEARCH OF THE THE EXISTENCE AND APPROXIMATE LOCATIONS OF ANY UNDERGROUND UTILITIES 5.

FROM THE SOLE NEGLIGENCE OF THE OWNER OR ENGINEER.

PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTION FOR LIABILITY RISING

FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE

DEFEND, INDEMNIFY AND HOLD THE OWNER AND CIVIL ENGINEER HARMLESS

LIMITED TO NORMAL WORKING HOURS, AND THAT THE CONTRACTOR SHALL

PROPERTY, THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE

CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND

RESPONSIBILITY FOR JOBSITE CONDITIONS DURING THE COURSE OF CONTRACTOR FURTHER AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE 4.

COMPLIANCE WITH SAID REGULATIONS AND ORDERS.

RESPONSIBLE IN ANY WAY FOR THE CONTRACTOR'S AND SUB-CONTRACTOR'S CONSTRUCTION SAFETY ORDERS. THE CIVIL ENGINEER SHALL NOT BE

LABOR AND THE STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS OCCUPATIONAL SAFETY AND HEALTH REGULATIONS OF THE U.S. DEPARTMENT OF ALL CONTRACTORS AND SUB-CONTRACTORS SHALL COMPLY WITH THE 3.

PROTECTED.

EMPLOYEES ARE PROVIDED A SAFE PLACE TO WORK AND THE PUBLIC IS

RELATED TO THIS PLAN SHALL CONDUCT THEIR OPERATIONS SO THAT ALL ALL CONTRACTORS AND SUB-CONTRACTORS PERFORMING WORK SHOWN ON OR 2.

SAID WORK.

RECORD'S ATTENTION IN WRITING FOR CLARIFICATION PRIOR TO INSTALLATION OF

PLANS AND SPECIFICATIONS, IT SHALL BE BROUGHT TO THE ENGINEER OF CONDITIONS. SHOULD THERE BE AN OMISSION OR DISCREPANCY BETWEEN SAID

CONSULTING PROFESSIONAL'S PLANS, SPECIFICATIONS, OR EXISTING

ANY OMISSIONS OR DISCREPANCIES BETWEEN THIS ENGINEERING PLAN, OTHER THE CONTRACTOR SHALL NOTIFY THE ENGINEER OF RECORD IMMEDIATELY OF 1.

SCALE: 1" = 60'
60 0 60 120

VICINITY MAP

NOT TO SCALE
S
E
LB
Y
A
V
E

HALL AVE

CHANDLER ST

CHANDLER ST CHANNEL

WALTERS ST
1 SEE ABOVE RIGHT

TITLE SHEET
1"=60'
(951) 688-7200
CONTACT: SID SIDDIQUI
RIVERSIDE, CA 92504
7535 JURUPA AVENUE, UNIT C
SOIL EXPLORATION COMPANY, INC.
(951) 850-2190
CONTACT:MARTEN L. ANDERSON, RCE 51313
RIVERSIDE, CA 92506
639 LAKEWOOD DRIVE
MTH2 ENGINEERING, INC.

GRADING NOTES

OWNER/DEVELOPER

CIVIL ENGINEER

GEOTECHNICAL ENGINEER

CHANDLER STREET

NOTICE TO CONTRACTORS

EXISTING UTILITY POTHOLE NOTE

ASSESSOR'S PARCEL NUMBERS

BASIS OF BEARINGS

BENCHMARK

SHEET INDEX
140-120-002, -003 AND -004
ELEV =563.604 FEET (NGVD29/ADJ 1971)
POST AND MARKED M.L. 30-64.

FEET EAST OF A MARKER POST, A BRASS DISK SET IN THE TOP OF A CONCRETE EAST OF HELLMAN AVENUE, 10.0 FEET SOUTH OF POWER POLE F1205787E, 1.0 AND HELLMAN AVENUE, 48.0 FEET SOUTH OF CHANDLER STREET, 32.0 FEET AT THE SOUTHEAST CORNER OF THE "T" INTERSECTION OF CHANDLER STREET OF CALIFORNIA.

SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE

THE BASIS OF BEARINGS IS THE CENTERLINE OF CHANDLER STREET SHOWN AS

IN THE CITY OF EASTVALE

EASTVALE STORAGE

STREET IMPROVEMENT PLAN
(949) 735-6041
CONTACT: GARRETT GOSSETT
SAN CLEMENTE, CA 92551
238 W. MARIPOSA, UNIT B

EASTVALE STORAGE LLC
HAVE A CROSS SLOPE OF NO GREATER THAN 2% MAXIMUM.

SLOPE NO GREATER THAN 5% MAXIMUM AND AN ACCESSIBLE SIDEWALKS SHALL ACCESSIBILITY PRIOR TO POURING OF CONCRETE TO FINAL GRADE. ALL ADA

STRINGENT REQUIREMENTS OF COUNTY, STATE OR GOVERNING AGENCY FOR

RAILS, CLEARANCES AND APPURTENANCES MEET OR EXCEED THE MOST

THE CONTRACTOR IS RESPONSIBLE TO ENSURE THAT ALL SIDEWALKS, RAMPS, ALERT (USA.) 1-800-422-4133 AT LEAST 2 WORKING DAYS PRIOR TO EXCAVATION.

PRIOR TO COMMENCEMENT OF CONSTRUCTION. CALL UNDERGROUND SERVICE LOCATIONS OF THE "TIE-IN" UTILITIES SHALL BE VERIFIED BY THE CONTRACTOR UNDERGROUND UTILITIES NOT OF RECORD OR NOT SHOWN ON THESE PLANS.

PROTECT ALL UTILITIES SHOWN ON THESE PLANS AND/OR ANY OTHER THE CONTRACTOR IS REQUIRED T0 TAKE DUE PRECAUTIONARY MEASURES TO THE LOCATION SHOWN.

ENGINEER ASSUMES ANY RESPONSIBILITY FOR UTILITIES NOT SHOWN OR NOT IN MEMBER AGENCIES AND ARE APPROXIMATE. NEITHER THE OWNER NOR THE

LATERALS) WERE ASCERTAINED BY A REVIEW OF RECORDS PROVIDED BY THESE STRUCTURES, ETC.) SHOWN ON THESE PLANS (MAIN LINES ONLY - NO SERVICE

THE EXISTENCE AND LOCATIONS OF ALL UNDERGROUND UTILITIES (UTILITY PIPES, FULL DETAILS AS SPECIFIED HEREIN.

CONTRACTOR SHALL IMMEDIATELY NOTIFY THE ENGINEER OF RECORD PROVIDING

CONSTRUCTION DRAWINGS, OR IMPROPERLY MARKED OR OTHERWISE INDICATED,

LOCATION OF ANY FACILITY OMITTED FROM OR SHOWN INCORRECTLY ON DEPTH, AND TYPE OF MATERIAL. UPON LEARNING OF THE EXISTENCE OR

POTHOLE NUMBER, DESCRIPTION, LOCATION, STATION, OFFSIDE DISTANCE, ARISE. THE CONTRACTOR SHALL PROVIDE DETAILED SPREAD SHEET INCLUDING

WEEKS PRIOR TO CONSTRUCTION TO ALLOW DESIGN REVISIONS IF A CONFLICT

POTHOLING INFORMATION TO THE ENGINEER OF RECORD A MINIMUM OF THREE REQUIREMENTS TO EXISTING FACILITIES. THE CONTRACTOR SHALL PROVIDE THE

FACILITIES INCLUDING SERVICE LATERALS AND TO ESTABLISH CONNECTION

OF THE PROJECT TO CONFIRM THE ELEVATION AND LOCATION OF ALL EXISTING

PERFORMING EXPLORATORY EXCAVATIONS (POTHOLING) ALONG THE ALIGNMENT BEST INFORMATION AVAILABLE. THE CONTRACTOR IS RESPONSIBLE FOR

EXISTING UNDERGROUND FACILITIES ARE SHOWN ON THE PLANS BASED ON THE ACCEPTABLE AS DIRECTED BY THE PUBLIC WORKS DEPARTMENT.

MUST BE REPAIRED, AND / OR CLEANED TO MAKE THEM FUNCTIONAL AND

DRAINED TO, OR JUST IN THE PROJECT VICINITY) EXTENDED, ADJUSTED, TO BE CONNECTED TO, EXISTING STORM DRAIN PIPES / CULVERTS (WHETHER 18.

ROADS UNDER THE JURISDICTION OF THE DEVELOPER.

TRANSPORTATION OR HIS DESIGNEE TO IMPROVE TRAFFIC SAFETY ON THE

TO THE PROJECT BOUNDARIES, UPON REQUEST OF THE DIRECTOR OF

STRIPING PLAN WITHIN THE PROJECT AREAS, OR ON ROADWAYS ADJACENT

NOT INCLUDED IN THE SIGNING AND ADDITIONAL SIGNS AND MARKINGS INSTALLATION OF THE DEVELOPER SHALL BE RESPONSIBLE FOR THE 17.

WDID NUMBER.

DEVELOPER SHALL PROVIDE THE COUNTY A COPY OF THE NOI WITH A VALID MONITORING PLAN FOR THE SITE. PRIOR TO ANY CONSTRUCTION. THE

PREPARE A STORM WATER POLLUTION PREVENTION PLAN (SWPPP) AND (NOI) WITH THE STATE WATER RESOURCES CONTROL BOARD (SWRCB), PERMIT. OWNERS/DEVELOPERS ARE REQUIRED TO FILE A NOTICE OF INTENT

DISCHARGE ELIMINATION SYSTEM (NPDES) OBTAIN A NATIONAL POLLUTANT ONE ACRE MUST CONSTRUCTION PROJECTS DISTURBING MORE THAN 16.

ADMINISTRATION OF LANDSCAPE ENCROACHMENTS" DATED JUNE 1990.

CONFORM TO CITY OF EASTVALE "STANDARDS RELATING TO THE
SEPARATE LANDSCAPE PLANS. ALL LANDSCAPING ENCROACHMENTS SHALL

AREAS, AND ALL LANDSCAPING ON ALL OTHER STREETS, SHALL REQUIRE SEPARATE LANDSCAPE PLANS. ALL OTHER TYPES OF LANDSCAPING IN THESE

PARKWAYS ON LOCAL RESIDENTIAL STREETS WITHOUT INSTALLED WITHIN PARKWAY TREES MAY BE ONLY LANDSCAPING CONSISTING OF GRASS AND 15.

CURRENT ASSIGNED TRAFFIC INDEX.

OVERLAY REQUIRED TO MEET THE STRUCTURAL STANDARDS FOR THE

RECONSTRUCT EXISTING PAVEMENT, INCLUDING BASE, AND MATCHING

TO CENTERLINE, AND MAY BE REQUIRED TO AS A IMPROVEMENTS DEVELOPER IS RESPONSIBLE AS DETERMINED BY THE CITY ENGINEER, THE 14.

STREET LIGHTING PLAN.

WITH THE APPROVED STREETLIGHTS SHALL BE INSTALLED IN ACCORDANCE 13.

GRANDILFLORA, PODOCARPUS GRACILIOR, QUERCUS ILEX).(MAGNOLIA ORDINANCE NO. 460 AND 499 INSTALL STREET TREES IN ACCORDANCE WITH 12.

TEN PERCENT.

GRADES IN EXCESS OF PRIME COAT IS REQUIRED PRIOR TO PAVING ON ALL 11.

SPECIFICATIONS.

CONFORM T0 SECTION 37. 59 AND 94 OF THE STATE STANDARD
GALLON PER SQUARE YARD RESPECTIVELY. ASPHALTIC EMULSION SHALL SEAL AND PAINT BINDER SHALL BE APPLIED AT A RATE OF 0.05 AND 0.03 PLACEMENT OF THE ASPHALT SURFACING. FOG FOURTEEN DAYS FOLLOWING NOT LESS THAN ASPHALTIC EMULSION (FOG SEAL) SHALL BE APPLIED 10.

EXPANSIVE SOILS ARE ENCOUNTERED.

EXACT STREET SECTION REQUIREMENTS. USE STANDARD NO. 401 IF

AFTER ROUGH GRADING TO DETERMINE THE TAKEN BY THE CONTRACTOR SOIL TESTS SHALL BE ALL STREET SECTIONS ARE TENTATIVE. ADDITIONAL 9.

ENCROACHMENT PERMIT.

PERMITS SECTION OR INSPECTION SECTION PRIOR TO OBTAINING AN

A TRAFFIC CONTROL PLAN MUST BE SUBMITTED FOR REVIEW TO THE THE FINAL COMPLETION AND ACCEPTANCE OF THE PROJECT BY THE COUNTY.

PROVIDE SAFE PASSAGE FOR THE TRAVELING PUBLIC AND WORKERS UNTIL

WARNING SIGNS WITHIN THE PROJECT LIMITS AND ITS SURROUNDINGS TO

MAINTAIN ALL CONSTRUCTION, REGULATORY, GUIDE AND INSTALL AND CONTRACTOR OR DEVELOPER TO IT SHALL BE THE RESPONSIBILITY OF THE 8.

DIRECTED IN THE FIELD.

TO CITY STANDARD NO. 206 AND/OR NO. 207. AS CONSTRUCTED ACCORDING WILL BE INSTALLED AND CURB DEPRESSIONS AND DRIVEWAY APPROACHES 7.

SEWER, WATER, ELECTRIC, GAS, STORM DRAINS.

INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: TO PAVING THE STREET, SHALL BE IN PLACE PRIOR ALL UNDERGROUND FACILITIES, WITH LATERALS, 6.

CITY OF EASTVALE ORDINANCE NO. 461 (TRACTS AND PARCEL MAPS ONLY).

CENTERLINE MONUMENTS AS REQUIRED BY ENGINEER TO INSTALL STREET TO NOTIFY THE IT SHALL BE THE RESPONSIBILITY OF THE DEVELOPER 5.

LATEST EDITION, CITY ORDINANCE NO. 461 AND SUBSEQUENT AMENDMENTS.

IMPROVEMENT STANDARDS AND SPECIFICATIONS, EASTVALE PUBLIC WORKS OF THE CITY OF ALL WORK SHALL CONFORM TO THE REQUIREMENTS 4. 1222.STANDARD NO. 1220, 1221, AND
CONFORMING TO CITY THE DEVELOPER WILL INSTALL STREET NAME SIGNS 3.

HOURS PRIOR TO BEGINNING OF CONSTRUCTION.

PERMITEE MUST INFORM CITY OF CONSTRUCTION SCHEDULE AT LEAST 48 THE PROJECT FRONTAGE AS REQUIRED BY THE CONDITIONS OF APPROVAL.

THIS INCLUDES UNDERGROUNDING OF EXISTING OVERHEAD LINES ALONG AREA, AND RELOCATION COSTS OF ALL EXISTING UTILITIES. OF THE WORK RESPONSIBLE FOR THE CLEARING THE CONTRACTOR/ DEVELOPER SHALL BE 2.

AND/OR PERMITS MAY BE REQUIRED.

CONSTRUCTION ACTIVITIES FOR THIS PROJECT. ADDITIONAL STUDIES

CURRENT ENVIRONMENTAL REGULATIONS DURING THE LIFE OF

AND TO BE RESPONSIBLE FOR SATISFACTORY COMPLIANCE FOR ALL WITHIN PUBLIC RIGHT-OF-WAY, DEDICATED AND ACCEPTED FOR PUBLIC USE;

SECTION, FOR AN ENCROACHMENT PERMIT FOR ALL WORK PERFORMED

THE CITY OF EASTVALE, PUBLIC WORKS, PERMIT CONTRACTOR TO APPLY TO DEVELOPER/OWNER OR IT SHALL BE THE RESPONSIBILITY OF THE 1. 36+47.06
39+77.30
39+44.47
37+19.30
C
L 24' D
R
IV
E
W
A
Y
C
L 25' D
R
IV
E
W
A
Y
P
L C
O
R
N
E
R
P
L C
O
R
N
E
R
SECTIONS SHEETSHEET 5
EROSION CONTROL SHEETSHEET 4
CONSTRUCTION SHEETSHEET 3
NOTES AND SHEETSHEET 2
TITLE SHEETSHEET 1
X
X
X
X
X
X
GM
GM
GM IRV
SUPERVISION OF:

PREPARED UNDER THE
MARTEN L. ANDERSON, RCE 51313
DATE:

SHEET
PROJECT NO.

OF
HORIZ.SCALE:

BENCHMARK:

SEP, 2021
REGISTRATION EXPIRES 6-30-22DATE: 27-SEP-2021 FILE NO.

REVISIONSMARK DATEAPPR
VERT.SCALE:CHECKED BY: MLADRAWN BY: MLADESIGNED BY: MLA 5 D:\MTH2\Engineering\2019_24 Gossett Eastvale\Civil\2019_24imp01.dgn e n g i n e e r i n g, i n c
MTH2
(951) 850-2190
Riverside, CA 92506
639 Lakewood Drive
urban design and planning
civil water resources storm water
www.mth2engineering.com
R
EE

NIGNE LANOISSEFORP DERETSI
G
E
R

AINROFILAC FO ETATS LIVIC
N
OSREDNA .L NETRA
M No. 51313
Exp. 6-30-22
R
Call at least 2 working days prior to excavating.
before you dig.Call
.belowKnow what's
CAUTION:

START OF CONSTRUCTION.

VERIFY IN FIELD PRIOR TO
UNKNOWN. CONTRACTOR TO

UNDERGROUND FACILITIES IS

EXACT LOCATION OF EXISTING

CITY OF EASTVALE
DPR19-20047
27-SEP-2021JOB 2019_24 PLOTTED:

DATE

CITY OF EASTVALE

CITY ENGINEER

JIMMY CHUNG

STREET IMPROVEMENT PLAN

HALL AVE AND SELBY AVE

CHANDLER STREET BETWEEN
06/01/2022
316
99 100

SAWCUT LINE

EDGE OF PROPOSED GUTTER

AND GUTTER

EXISTING CURB
PROPOSED A-8 CURB AND GUTTER
PROPOSED 6' SIDEWALK EXISTING 6' SIDEWALK

AC PAVEMENT

REMOVE EXISTING

EXISTING AB

EXISTING AC PAVEMENT

EXISTING MEDIAN CURB

MEDIAN CURB

EXISTING

MEDIAN CURB

EXISTING
PER DETAIL 1 ON SHEET NO. 2

RUBBERIZED AC OVERLAY

PROPOSED GRIND AND
PER DETAIL 1 ON SHEET NO. 2

PAVEMENT AND CLASS II AB

PROPOSED RUBBERIZED AC
1 2

DETAIL SHEET
SEE SHEET NO. 1

NOT TO SCALE

GRIND AND OVERLAY DETAIL
2 2'

CHANDLER STREET TYPICAL SECTION
128'
64' 64'
9' 9'34' 34'21' 21'
25'30'
ROW

PROPOSED
ROW

EXISTING
ROW

EXISTING
CLCL

EXISTING
VARIES

ASPHALT CONCRETE

CURB FACE

CENTERLINE

DRAWING

EDGE OF GUTTER

FINISHED GRADE

FLOWLINE

FINISHED SURFACE

GRADE BREAK

HIGH POINT

INVERT ELEVATION

LOW POINT

MAXIMUM

MINIMUM
NUMBER

PORTLAND CEMENT CONCRETE

PROPERTY LINE

RIGHT-OF-WAY

TOP OF DIKE

TOP OF CURB

TYPICAL

ABBREVIATIONS
EG
DWG
GB
FL
FG
FS
AC
CL
CF
TC
TD
TYP
ROW
MIN
NO
IE
HP
MAX
LP
PL
PCC

STD STANDARD
SCO
IRV
WM
WV
LEGEND

EXISTING BUILDING

EXISTING CONTOUR MAJOR

EXISTING CONTOUR MINOR

EXISTING CURB

EXISTING FLOWLINE

EXISTING FENCE-CHAINLINK

EXISTING SEWER CLEANOUT

EXISTING FIRE HYDRANT

EXISTING IRRIGATION VALVE

EXISTING SIGN

EXISTING TREE

EXISTING WATER METER

EXISTING WATER VALVE

EXISTING COMMUNICATION

EXISTING ELECTRIC

EXISTING NATURAL GAS
100
99 PROPOSED CONTOUR MAJOR

PROPOSED CONTOUR MINOR

PROPOSED CURB

PROPOSED FLOWLINE

PROPOSED FIRE HYDRANT

PROPOSED EDGE OF PCC PAVING

PROPOSED EDGE OF AC PAVING

EXISTING EDGE OF PCC PAVING

EXISTING EDGE OF AC PAVING

EXISTING STREET LIGHT

EMEXISTING ELECTRIC METER

EMHEXISTING ELECTRIC MANHOLE

ELEXISTING ELECTRIC BOX

EVLTEXISTING ELECTRIC VAULT

GMEXISTING GAS METER

GVEXISTING GAS VALVE
IRR
X

EXISTING POWER POLE

EXISTING SEWER MANHOLE SMH

EXISTING SEWER

EXISTING WATER

EXISTING IRRIGATION BOX
3 8
1 2

PROTECT IN PLACE AS NOTED

SAWCUT AS NOTED

REMOVE AS NOTED
4 9
400 AND 401
CONSTRUCT 6' SIDEWALK ADJACENT TO CURB PER RIVERSIDE COUNTY STD NO 10 11 GRIND AND OVERLAY PER DETAIL 1 ON SHEET NO 2
5 INSTALL STREET LIGHT PER SEPARATE PLAN
6 COUNTY STD NO 207A

CONSTRUCT COMMERCIAL DRIVEWAY WITH SIDEWALK AT CURB PER RIVERSIDE 7 CONSTRUCT TYPE A-8 CURB PER RIVERSIDE COUNTY STD NO 201 CONSTRUCT VARIABLE HT AC DIKE PER RIVERSIDE COUNTY STD NO 212

TO BE REMOVED PER SEPARATE PLAN AS NOTED

CONSTRUCTION NOTES AND QUANTITIES

BCR BEGIN CURB RETURN

ECR END CURB RETURN

HT HEIGHT

PROPOSED STREET LIGHT
1 LS
1 LS
1 LS
1 LS
2 EA
1 EA
198 LF
25 LF
1,736 SF
818 SF

NOT TO SCALE
PLACE 6.5" RUBBERIZED AC PAVEMENT OVER 11" CLASS II AGGREGATE BASE 10,966 SF

RUBBERIZED AC OVERLAY
2" DEEP MIN AND PLACE

GRIND EXISTING AC PAVEMENT
13 14
(PAINT OR THERMOPLASTIC) AND DIMENSIONS, AND JOIN EXISTING LANE LINE

APPLY LANE LINE AND REFLECTIVE MARKER, MATCH EXISTING APPLICATION

OR THERMOPLASTIC) AND JOIN EXISTING RIGHT EDGE LINE
APPLY 6" WIDE, WHITE RIGHT EDGE LINE, MATCH EXISTING APPLICATION (PAINT

ADJUST MANHOLE COVER TO GRADE
12 15
16 17
18 HANDBOOK-CONSTRUCTION FACT SHEETS WM-1 THRU WM-10

PROVIDE WASTE MANAGEMENT PER CASQA'S CALIFORNIA STORMWATER BMP CONSTRUCTION SEDIMENT CONTROL FACT SHEET SE-4

INSTALL GRAVEL BAG CHECK DAMS PER CASQA STORMWATER BMP HANDBOOK - HANDBOOK - CONSTRUCTION SEDIMENT CONTROL FACT SHEET SE-7

PROVIDE STREET SWEEPING AND VACUUMING PER CASQA STORMWATER BMP CONSTRUCTION WIND EROSION CONTROL FACT SHEET WE-1

PROVIDE WIND EROSION CONTROL PER CASQA STORMWATER BMP HANDBOOK - 365 LF
1 EA
365 LF
4 EA
1 LS
1 LS
1 LS
SUPERVISION OF:

PREPARED UNDER THE
MARTEN L. ANDERSON, RCE 51313
DATE:

SHEET
PROJECT NO.

OF
HORIZ.SCALE:

BENCHMARK:

SEP, 2021
REGISTRATION EXPIRES 6-30-22DATE: 27-SEP-2021 FILE NO.

REVISIONSMARK DATEAPPR
VERT.SCALE:CHECKED BY: MLADRAWN BY: MLADESIGNED BY: MLA 5 D:\MTH2\Engineering\2019_24 Gossett Eastvale\Civil\2019_24imp02.dgn e n g i n e e r i n g, i n c
MTH2
(951) 850-2190
Riverside, CA 92506
639 Lakewood Drive
urban design and planning
civil water resources storm water
www.mth2engineering.com
R
EE

NIGNE LANOISSEFORP DERETSI
G
E
R

AINROFILAC FO ETATS LIVIC
N
OSREDNA .L NETRA
M No. 51313
Exp. 6-30-22
R
Call at least 2 working days prior to excavating.
before you dig.Call
.belowKnow what's
CAUTION:

START OF CONSTRUCTION.

VERIFY IN FIELD PRIOR TO
UNKNOWN. CONTRACTOR TO

UNDERGROUND FACILITIES IS

EXACT LOCATION OF EXISTING

CITY OF EASTVALE
DPR19-20047
27-SEP-2021JOB 2019_24 PLOTTED:

DATE

CITY OF EASTVALE

CITY ENGINEER

JIMMY CHUNG

STREET IMPROVEMENT PLAN

HALL AVE AND SELBY AVE

CHANDLER STREET BETWEEN
06/01/2022
317
572
572 572
MAIL
573
MAIL
BOL
BOL
BOLBOL
BOL
BOLBOL
BOL
43'
47'
17'
43'
64'
43'
39'
39'
43'
64'
24' 25'
21'21'

EXISTING RIGHT-OF-WAY
55'
PER TRACT 30576-1 OFFSITE
EXISTING 12" CML&C WATER
EASTVALE INTERCEPTOR PHASE 5
EXISTING 42" RCP SEWER PER EXISTING 6" GASEXISTING 6" GAS PER TRACT 30905
EXISTING 12" CML&C WATER

EXISTING RIGHT-OF-WAYEXISTING RIGHT-OF-WAY

EXISTING RIGHT-OF-WAY

EXISTING CURB AND GUTTER

EXISTING MEDIAN CURB

AC DIKE

EXISTING
573.50 FS
573.62 FS AND AC PAVEMENT WITH GUTTER PAN

AC SIDEWALK WITH PROPOSED SIDEWALK

TEMPORARY AC PAVING TO JOIN EXISTING
PROPOSED 4" SEWER
572.76 FS 572.88 FSS=4.50%

AC SIDEWALK WITH PROPOSED SIDEWALK

TEMPORARY AC PAVING TO JOIN EXISTING
(571.84 FS) (572.82 FS)
573.42 FS
573.42 TC 573.50 FS
573.50 TC
572.76 FS
572.76 TC572.68 FS
572.68 TC PER ___________________

PROPOSED RIGHT-OF-WAY
PROPOSED TC AT 43' LT
EXISTING FS AT 43' LT
EXISTING FS AT 40.5' LT
TRACT 31405 STREET IMP PLAN

EXISTING CENTERLINE PROFILE PER

PROPOSED TD VARIES AT LT

PROPOSED FLOWLINE

AND AC PAVEMENT WITH GUTTER PAN

AC SIDEWALK WITH PROPOSED SIDEWALK

TEMPORARY AC PAVING TO JOIN EXISTING
S=-4.60%
35 3
1"=4'1"=40'
SEE SHEET NO. 1
36 37 38 39 40 41 42 43
SCALE: 1" = 40'
040 40 80

CONSTRUCTION SHEET
570 CL 570 CL
580 CL/570 LT
580 LT
580 CL/570 LT
580 LT
X
X
X
GM
GM
GM IRV
WV
WV
WV
WVWV
SMH
SCO
SMH
W
V
W
V W
V
SUPERVISION OF:

PREPARED UNDER THE
MARTEN L. ANDERSON, RCE 51313
DATE:

SHEET
PROJECT NO.

OF
HORIZ.SCALE:

BENCHMARK:

SEP, 2021
REGISTRATION EXPIRES 6-30-22DATE: 27-SEP-2021 FILE NO.

REVISIONSMARK DATEAPPR
VERT.SCALE:CHECKED BY: MLADRAWN BY: MLADESIGNED BY: MLA 5 D:\MTH2\Engineering\2019_24 Gossett Eastvale\Civil\2019_24imp03.dgn e n g i n e e r i n g, i n c
MTH2
(951) 850-2190
Riverside, CA 92506
639 Lakewood Drive
urban design and planning
civil water resources storm water
www.mth2engineering.com
R
EE

NIGNE LANOISSEFORP DERETSI
G
E
R

AINROFILAC FO ETATS LIVIC
N
OSREDNA .L NETRA
M No. 51313
Exp. 6-30-22
R
Call at least 2 working days prior to excavating.
before you dig.Call
.belowKnow what's
CAUTION:

START OF CONSTRUCTION.

VERIFY IN FIELD PRIOR TO
UNKNOWN. CONTRACTOR TO

UNDERGROUND FACILITIES IS

EXACT LOCATION OF EXISTING
PROFILE SCALE:

VERT: 1"=4'
HORIZ: 1"=40'

CITY OF EASTVALE
DPR19-20047
27-SEP-2021JOB 2019_24 PLOTTED:

DATE

CITY OF EASTVALE

CITY ENGINEER

JIMMY CHUNG

STREET IMPROVEMENT PLAN

HALL AVE AND SELBY AVE

CHANDLER STREET BETWEEN
35 36 37 38 39 40 41 42 43
14+84.00 SELBY AVE
43+07.24 CHANDLER ST=

25.50'

CHANDLER STREET
S
E
LB
Y
A
V
E
N
U
E
W =25'
39+44.47
W =24'
37+19.30
36+47.02
29+86.73 CHANDLER ST=
22+97.71 HALL AVE
3 8

CONSTRUCTION NOTES
1 2

PROTECT IN PLACE AS NOTED

SAWCUT AS NOTED

REMOVE AS NOTED
4 9
400 AND 401
CONSTRUCT 6' SIDEWALK ADJACENT TO CURB PER RIVERSIDE COUNTY STD NO 11 12
GRIND AND OVERLAY PER DETAIL 1 ON SHEET NO 2
5 INSTALL STREET LIGHT PER SEPARATE PLAN
6 COUNTY STD NO 207A

CONSTRUCT COMMERCIAL DRIVEWAY WITH SIDEWALK AT CURB PER RIVERSIDE LOT 62

PERSIMMON REPUBLIC ACRES
LOT 63

PERSIMMON REPUBLIC ACRES

CURB DATA
NO. LENGTHRADIUSORDELTA BRG.
36+22.51
7 CONSTRUCT TYPE A-8 CURB PER RIVERSIDE COUNTY STD NO 201 CONSTRUCT VARIABLE HT AC DIKE PER RIVERSIDE COUNTY STD NO 212 9'
9'
6 6
2 11

AC PAVEMENT AC PAVEMENT
1 2 3 4
5 6 7
1 2
3 4
5 6
7 TANGENT

16.47' 27.94'21.00'

16.47' 27.94'21.00'
158.67'

16.47' 27.94'21.00'

39.28'

24.63'
2 AC PAVEMENT
2AC DIKE

DRIVEWAY
DRIVEWAY 3
1 PP
PP 4

TO BE REMOVED PER SEPARATE PLAN AS NOTED
78 7
5 99
1212
LOT 59

PERSIMMON REPUBLIC ACRES
3 G G G G G G G
G
WWWWWW

S S S S S S S S

E E E E E E ET T T T
39+77.97 BCR
39+10.97 ECR
37+52.30 BCR
36+86.30 ECR
10 ADJUST MANHOLE COVER TO GRADE
1111
39+87.97

EXISTING
JOIN
10 AC PAVEMENT

AC DIKE, TYP
AC SIDEWALK, TYP3
PLACE 6.5" RUBBERIZED AC PAVEMENT OVER 11" CLASS II AGGREGATE BASE 3 4PP
572.58 FL
573.25 TC
572.36 FL
573.03 TC
571.84 FL
572.51 TC
571.62 FL
572.29 TC

40.50' LT
(571.42 FS)
(571.92 TD) 6"

BEGIN AC DIKE
36+22.51

JOIN EXISTING
571.50 FL 43' LT
572.17 TD/TC

AND GUTTER

BEGIN CURB
END AC DIKE 8"
13 14

OR THERMOPLASTIC) AND JOIN EXISTING RIGHT EDGE LINE
APPLY 6" WIDE, WHITE RIGHT EDGE LINE, MATCH EXISTING APPLICATION (PAINT (PAINT OR THERMOPLASTIC) AND DIMENSIONS, AND JOIN EXISTING LANE LINE

APPLY LANE LINE AND REFLECTIVE MARKER, MATCH EXISTING APPLICATION 1313 13
14 1414
36+22.51 GB
36+47.02
572.18 TC
572.67 TC
572.83 TC
573.00 TC
39+00.00
573.25 TC
39+77.97 BCR
(571.87 FS)
(572.17 FS)
36+00.00
(572.47 FS)
37+00.00
(572.65 FS)
37+58.88 GB
(572.81 FS)
38+00.00
(573.21 FS)
39+00.00
(573.61 FS)
40+00.00
(574.01 FS)
41+00.00
(574.34 FS)
41+82.05 GB
(S=0.30%)
(S=0.40%)
35+00.00
572.29 TC
573.03 TC
39+10.97 ECR
36+86.30 ECR
572.50 TC
37+52.30 BCR
572.51 TC
37+19.30

CL DVW Y

CL DVW Y
39+44.47
36+50.00
37+50.00
38+00.00
38+50.00
36+22.51 GB
571.50 FL
36+47.02
572.59 FL
39+77.97 GBS=0.33%
S=1.00%
S=0.33%
(571.92 TD) 6"

BEGIN AC DIKE
(571.42 FS)
572.17 TD/TC

AND GUTTER

BEGIN CURB
END AC DIKE 8"
(S=0.30%)
39+87.97
(572.79 FS)

JOIN EXISTING
572.50 FL
39+50.00
37+00.00
571.67 FL
06/01/2022
318
572
572 572
MAIL
573
MAIL
BOL
BOL
BOLBOL
BOL
BOLBOL
BOL
43'
47'
17'
43'

EXISTING RIGHT-OF-WAY
64'
43' 21'
55'
64'
43'21'
PER TRACT 30576-1 OFFSITE
EXISTING 12" CML&C WATER
EASTVALE INTERCEPTOR PHASE 5
EXISTING 42" RCP SEWER PER EXISTING 6" GASEXISTING 6" GAS PER TRACT 30905
EXISTING 12" CML&C WATER
EXISTING RIGHT-OF-WAYEXISTING RIGHT-OF-WAY PROPOSED 4" SEWER

EXISTING RIGHT-OF-WAY

EXISTING CURB AND GUTTER

EXISTING MEDIAN CURB

AC DIKE

EXISTING
PER ___________________

PROPOSED RIGHT-OF-WAY
4 1"=4'1"=40'
SEE SHEET NO. 1
SCALE: 1" = 40'
040 40 80

EROSION CONTROL SHEET
X
X
X
GM
GM
GM IRV
WV
WV
WV
WVWV
SMH
SCO
SMH
W
V
W
V W
V
SUPERVISION OF:

PREPARED UNDER THE
MARTEN L. ANDERSON, RCE 51313
DATE:

SHEET
PROJECT NO.

OF
HORIZ.SCALE:

BENCHMARK:

SEP, 2021
REGISTRATION EXPIRES 6-30-22DATE: 27-SEP-2021 FILE NO.

REVISIONSMARK DATEAPPR
VERT.SCALE:CHECKED BY: MLADRAWN BY: MLADESIGNED BY: MLA 5 D:\MTH2\Engineering\2019_24 Gossett Eastvale\Civil\2019_24imp04.dgn e n g i n e e r i n g, i n c
MTH2
(951) 850-2190
Riverside, CA 92506
639 Lakewood Drive
urban design and planning
civil water resources storm water
www.mth2engineering.com
R
EE

NIGNE LANOISSEFORP DERETSI
G
E
R

AINROFILAC FO ETATS LIVIC
N
OSREDNA .L NETRA
M No. 51313
Exp. 6-30-22
R
Call at least 2 working days prior to excavating.
before you dig.Call
.belowKnow what's
CAUTION:

START OF CONSTRUCTION.

VERIFY IN FIELD PRIOR TO
UNKNOWN. CONTRACTOR TO

UNDERGROUND FACILITIES IS

EXACT LOCATION OF EXISTING

CITY OF EASTVALE
DPR19-20047
27-SEP-2021JOB 2019_24 PLOTTED:

DATE

CITY OF EASTVALE

CITY ENGINEER

JIMMY CHUNG

STREET IMPROVEMENT PLAN

HALL AVE AND SELBY AVE

CHANDLER STREET BETWEEN
35 36 37 38 39 40 41 42 43
14+84.00 SELBY AVE
43+07.24 CHANDLER ST=

25.50'

CHANDLER STREET
S
E
LB
Y
A
V
E
N
U
E
29+86.73 CHANDLER ST=
22+97.71 HALL AVE

CONSTRUCTION NOTES
15 16
LOT 62

PERSIMMON REPUBLIC ACRES
LOT 63

PERSIMMON REPUBLIC ACRES
9'
9'
2AC DIKE
LOT 59

PERSIMMON REPUBLIC ACRES

G G G G G G G
G

WWWWWWW

S S S S S S S S

E E E E E E ET T T T
17 18
HANDBOOK-CONSTRUCTION FACT SHEETS WM-1 THRU WM-10

PROVIDE WASTE MANAGEMENT PER CASQA'S CALIFORNIA STORMWATER BMP 15 15 15 15
CL 25' DRVW Y
39+44.47
CL 24' DRVW Y
37+19.30
16 17
18 16
17 18
CONSTRUCTION SEDIMENT CONTROL FACT SHEET SE-4

INSTALL GRAVEL BAG CHECK DAMS PER CASQA STORMWATER BMP HANDBOOK - HANDBOOK - CONSTRUCTION SEDIMENT CONTROL FACT SHEET SE-7

PROVIDE STREET SWEEPING AND VACUUMING PER CASQA STORMWATER BMP CONSTRUCTION WIND EROSION CONTROL FACT SHEET WE-1

PROVIDE WIND EROSION CONTROL PER CASQA STORMWATER BMP HANDBOOK - 06/01/2022
319

72.33 FS

71.42 FS

CENTERLINE

71.92 TD

72.41 FS

CENTERLINE

72.18 TC

72.59 FS

CENTERLINE

72.74 FS

CENTERLINE

72.50 TC

NORTH MEDIAN TC

EXISTING PAVING

EXISTING GROUND EXISTING GROUND

EXISTING GROUND

BACK OF SIDEWALK

BACK OF SIDEWALK BACK OF SIDEWALK

PROPOSED RIGHT-OF-WAY PROPOSED RIGHT-OF-WAY PROPOSED RIGHT-OF-WAY PROPOSED RIGHT-OF-WAY

EXISTING PAVING

EXISTING PAVINGEXISTING PAVING

NORTH MEDIAN TC

NORTH MEDIAN TC NORTH MEDIAN TC

71.67 EP

71.83 EP 71.99 EPPROPOSED GRIND AND OVERLAY PROPOSED GRIND AND OVERLAY

PROPOSED GRIND AND OVERLAY PROPOSED GRIND AND OVERLAY

DRIVEWAY

72.95 FS

CENTERLINE

72.67 TC

73.15 FS

CENTERLINE

72.83 TC

73.31 FS

CENTERLINE

73.00 TC

73.50 FS

CENTERLINE

EXISTING PAVING EXISTING PAVING EXISTING PAVING

EXISTING PAVING

EXISTING GROUND EXISTING GROUND EXISTING GROUND EXISTING GROUND

BACK OF SIDEWALK BACK OF SIDEWALK BACK OF SIDEWALK

BACK OF SIDEWALK

PROPOSED RIGHT-OF-WAY

PROPOSED RIGHT-OF-WAY PROPOSED RIGHT-OF-WAY

PROPOSED RIGHT-OF-WAY

NORTH MEDIAN TC

NORTH MEDIAN TC NORTH MEDIAN TC

NORTH MEDIAN TC

72.16 EP

72.32 EP 72.49 EP

72.65 EPPROPOSED GRIND AND OVERLAY

PROPOSED GRIND AND OVERLAY PROPOSED GRIND AND OVERLAY

PROPOSED GRIND AND OVERLAY

DRIVEWAY
SECTIONS SHEET 5
1"=20' 1"=2'
SEE SHEET NO. 1
SCALE: 1" = 20'
20 0 20 40

2.95%
36+22.51
570
580
570
580

3.12%
36+50
580
570
580
570

2.68%
37+00
580
570
580
570

2.45%
37+50
580
570
580
570

2.95% 2.35% 2.40% 2.38%

2.43%
38+00
580
570
580
570

2.60%
38+50
580
570
580
570

2.97%
39+00
580
570
580
570

2.72%
39+50
580
570
580
570

2.50%

2.62% 2.59% 2.69%
SUPERVISION OF:

PREPARED UNDER THE
MARTEN L. ANDERSON, RCE 51313
DATE:

SHEET
PROJECT NO.

OF
HORIZ.SCALE:

BENCHMARK:

SEP, 2021
REGISTRATION EXPIRES 6-30-22DATE: 27-SEP-2021 FILE NO.

REVISIONSMARK DATEAPPR
VERT.SCALE:CHECKED BY: MLADRAWN BY: MLADESIGNED BY: MLA 5 D:\MTH2\Engineering\2019_24 Gossett Eastvale\Civil\2019_24imp05-Sections.dgn e n g i n e e r i n g, i n c
MTH2
(951) 850-2190
Riverside, CA 92506
639 Lakewood Drive
urban design and planning
civil water resources storm water
www.mth2engineering.com
R
EE

NIGNE LANOISSEFORP DERETSI
G
E
R

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CITY OF EASTVALE
DPR19-20047
27-SEP-2021JOB 2019_24 PLOTTED:

DATE

CITY OF EASTVALE

CITY ENGINEER

JIMMY CHUNG

STREET IMPROVEMENT PLAN

HALL AVE AND SELBY AVE

CHANDLER STREET BETWEEN
06/01/2022
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Vicinity Map
14555 Chandler Street
Gossett Self Storage

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AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 12.9
April 26, 2023
Approval of Placer Geographical Informa+on System So-ware Contract Renewal
Prepared By:

Alexander Fung, Senior Management Analyst
Recommended Action(s)
Staﬀ recommends that the City Council approve the renewal of the City’s contract with Placer Labs, Inc. for a period of three additional years from June 28, 2023 to June 27, 2026.

Summary
Placer is a traﬃc analy,cs pla-orm that provides users with detailed insights into any property, which allow jurisdic,ons to gain a deeper understanding of the factors that drive economic success.

The Placer pla-orm is speciﬁcally designed to empower professionals in economic development, retail, real estate, and hospitality industries. Since June 2021, staﬀ from the City’s Economic Development, Planning, and Public Works teams u,lize Placer to support business a7rac,on and retention efforts. The current contract with Placer Labs, Inc. is set to expire on June 27, 2023.

Background
Placer’s pla-orm provides a myriad of func,ons for jurisdic,ons to track business visits, traﬃc counts, and travel pla-orms. The collected data can be analyzed by city staﬀ to inform business a7rac,on decisions. The pla-orm’s func,onali,es allow users to track each business’ visits, customer average dwell ,me, and typical visitor persona and demographics. As an example to showcase Placer’s pla-orm, a sample visit report for the Eastvale Marketplace from Placer can be found in the attachments.

Addi,onally, Placer users can iden,fy a shopping center’s typical visitor journey and traﬃc routes. In other words, the pla-orm can analyze where consumers typically visit before and a8er stopping by 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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a par,cular business. Furthermore, Placer allows users to create void analyses to understand what types of businesses, brands, and industries would succeed in a certain community or market.

Given the informa,on provided by Placer’s pla-orm, staﬀ can perform extensive market analysis to evaluate Eastvale’s retail opportuni,es and quan,fy the demand for new retail and development in speciﬁc industries. The informa,on can be u,lized to provide Eastvale with a compe,,ve advantage when recruiting for new businesses and retailers.

The current contract with Placer Labs, which expires on June 27, 2023, was set at $23,500/year. The subscription cost was anticipated to increase annually due to inflation. Staff recently negotiated with Placer’s representa,ves and received a rate of $28,500/year for three consecu,ve years from June 28, 2023 to June 27, 2026. In exchange of commi@ng to a three-year contract and adding the “Spa,al PersonaLive” tool on Placer to boost business a7rac,on data on the pla-orm, Placer Labs agreed to remove inﬂa,onary cost increases throughout the dura,on of the contract. In total, subscription to Placer’s platform will cost a total of $85,500 from June 28, 2023 to June 27, 2026.

U,lizing Placer can greatly assist the City to a7ract businesses and retailers to expand in Downtown Eastvale over the next several years. Recognizing the need for Placer’s pla-orm and acknowledging that pursuing a three-year renewal contract can result in savings for the City, staﬀ recommends that the City Council approve the renewal of the City’s contract with Placer Labs for a period of three additional years from June 28, 2023 to June 27, 2026.

Environmental
Pursuant to Sec,on 15378 of the California Environmental Quality Act (CEQA) Guidelines, organiza,onal or administra,ve ac,vi,es of governments that do not result in direct or indirect physical changes in the environment are not considered as CEQA projects.

Strategic Plan Action - Priority Level: 1
| Target #: 2
| Goal #: 1
U,lizing Placer’s pla-orm can allow staﬀ to perform extensive market analysis to evaluate Eastvale’s retail opportuni,es and quan,fy the demand for new retail and development in speciﬁc industries, which greatly supports the City’s business attraction and retention efforts.

Fiscal Impact
The total impact to the General Fund of $85,500 spans over three ﬁscal years from June 2023 to June 2026. These funds are and will be budgeted in the Community Development Department’s “Economic Development” account 100-301-6422. Annual costs are listed as follows:

Item
Amount
Year 1
$28,500.00
Year 2
$28,500.00
Year 3
$28,500.00
Total
$85,500.00

Prior City Council/Commission Action
There were no prior City Council ac,ons on this item. Given that Placer’s previous subscrip,on costs were below $24,999/year, the previous contracts were signed and approved by former city 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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managers.

Attachment(s)
Attachment 1 - Original Placer Contract Agreement

Attachment 2 - Proposed Placer Contract Renewal Agreement

Attachment 3 - Placer's Sample Visit Report for Eastvale Marketplace

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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PLACER LABS, INC.
1 AMENDMENT TO ORDER FORM This Amendment to Order Form (this “Amendment”), dated as of February 27, 2023 (the “Amendment Date”), modifies the Order Form executed by the City of Eastvale (“Customer”) and Placer Labs, Inc. (“Placer”) on or about June 28, 2021 (together with any other prior amendments thereto, the “Order Form”). Unless otherwise defined, capitalized terms herein have the same meaning as in the Order Form. Placer and Customer agree to the following:1.The Term of the Order Form will be renewed for 36 months starting 6/28/2023 (“Renewal Date”).2.Starting on 6/28/2023, the Annual License Fee will increase by a total of $5,000, from $23,500 to $28,500, for the addition of the PersonaLive dataset, as described below.3.Customer will be invoiced annually for this Additional Term, beginning on the Renewal Date.4.Starting on 6/28/2023, Customer will have access to the PersonaLive additional dataset, via Placer’s Marketplace initiative. The applicable dataset is generated using the Input Dataset from the data vendor as set forth below (such data vendor, the “Marketplace Vendor”):DescriptionInput Datasets Used Additional Data SetSpatial PersonaLiveThe foregoing is referred to as a “Marketplace Service.” Marketplace Services and Marketplace Data are governed by, and Customer and Placer agree to, the Marketplace License Agreement located at https://www.placer.ai/placer-marketplace-license-agreement/ (the “Marketplace Agreement”). Capitalized terms in this section have the meaning set forth in the Marketplace Agreement.5.Effective as of Amendment Date, the Order Form shall be governed by, and Customer and Placer agree to, the License Agreement located at https://www.placer.ai/placer-license-agreement/ as of the date hereof.6.In all other respects, the Order Form shall remain in full force and effect.City of EastvalePlacer Labs, Inc.By: By:Name: Mark OrmeName: Vernell WisdomTitle: City ManagerTitle: Head of Contract Management 364
4/6/23, 4:52 PM Placer - Eastvale Marketplace - Overview https://analytics.placer.ai/#!/admin/insights/complexes/5e01f12e7afe4d2ffc0b88fe/overview?competitor=%5B%5D&filter=%5B%7B"date":%7B"start":"2… 1/7 Map data ©2023 Google
200 m
Report a map error
Jan 01 - Dec 31, 2022
Metrics
Property:

Eastvale Marketplace / Limoni…
Visits 2.4M
Visits / sq ft 33.28
Size - sq ft 73K(GLA)
Visitors 722.8K
Visit Frequency 3.36
Avg. Dwell Time 40 min
Panel Visits 58.4K
Visits YoY +92.2%
Visits Yo2Y +131.5%
Visits Yo3Y +109.3%
Visits Trend
Eastvale Marketplace13322 Limonite Ave, Eastvale,…
Metric:

Visits
Aggregation:

Weekly
Annual Summary:

Export
13322 Limonite Ave, Eastvale, CA 92880
Eastvale Marketplace
365
4/6/23, 4:52 PM Placer - Eastvale Marketplace - Overview https://analytics.placer.ai/#!/admin/insights/complexes/5e01f12e7afe4d2ffc0b88fe/overview?competitor=%5B%5D&filter=%5B%7B"date":%7B"start":"2… 2/7 Tenants Overview
Property:

Eastvale Marketplace / Limoni…
Category:

All Categories
Compare to:

Jan 01 - Dec 31, 2021
Showing 1 - 10 / 13 1 2
Tenants / Category Visits VisitsChain Rank, State
Dutch Bros. Co…Breakfast, Coee, Bakeries & Dessert Sh…13322 Limonite Ave, Eastvale, CA, United States 942.6K(+728%) 1/60(+19)
100
Smart & Final Groceries13346 Limonite Ave, Eastvale, CA, United States 490.6K(+4%) 38/231(+5)
83%
El Pollo LocoRestaurants13340 Limonite Ave, Eastvale, CA, United States 356.3K(+105%) 1/340(+23)
100
Ten Ren's Tea TimeBreakfast, Coee, Bakeries & Dessert Shops13394 Limonite Ave #B140, Eastvale, CA, United States 114.8K 1/4
100
Mongolian Grill Restaurants13394 Limonite Ave Ste 100, Eastvale, CA, United States

93.3K(+14%) 1/1
100
Miguel's JrRestaurants13382 Limonite Ave, Eastvale, CA, United States

86.5K(+16%) 14/19
31%
CareMore PharmacyDrugstores & Pharmacies13394 Limonite Ave #120, Eastvale, CA, United States33.3K(+28%) N/A Pieology PizzeriaFast Food & QSR13394 Limonite Ave, Eastvale, CA, United States

31.1K(-27%) 61/62(-9)
3%
Poke DelightRestaurants13394 Limonite Ave #160, Eastvale, CA, United States29.5K(-5%) N/A Eastvale Smiles DentistryDoctors' Clinics13334 Limonite Ave Ste 120, Eastvale, CA, United States25.6K(+3%) 49/155(+6) 69%
366
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Home locations are obfuscated for privacy and randomly placed within a census block. They do not represent actual home addresses.Learn more Trade AreaHeatmap
High
Low
© Mapbox © OpenStreetMap
367
4/6/23, 4:52 PM Placer - Eastvale Marketplace - Overview https://analytics.placer.ai/#!/admin/insights/complexes/5e01f12e7afe4d2ffc0b88fe/overview?competitor=%5B%5D&filter=%5B%7B"date":%7B"start":"2… 4/7 Ranking Overview
Eastvale Marketplace13322 Limonite Ave, Eastvale,…
Benchmark:

Category: Neighborhood Centers
Metric:

Visits
Nationwide
426 / 9,060
View List
144 / 1,558
View List
8 / 119
View List
95%
California
90%
Local: 15mi
94%
368
4/6/23, 4:52 PM Placer - Eastvale Marketplace - Overview https://analytics.placer.ai/#!/admin/insights/complexes/5e01f12e7afe4d2ffc0b88fe/overview?competitor=%5B%5D&filter=%5B%7B"date":%7B"start":"2… 5/7 Typical Visitor Persona
Eastvale Marketplace
Ethnicity Hispanic
Income $75K - $100K
Favorite Places
Category:

Categories (43)
Min. Visits:

Eastvale Marketplace / Limonite Ave, Eastvale, CA
RankName DistanceVisitors
1Ontario Mills / 1 Mills Cir, Ontario, CA 91764 7 mi 367.1K(50.8%) 2Victoria Gardens / 12505 N Mainstreet, Rancho Cucamonga, CA 917399.6 mi 330.5K(45.7%) 3Goodman Commerce Center Eastvale / 5250 Goodman Rd, Eastvale, CA 917521.8 mi 286.6K(39.6%) 4Disneyland Park / 1313 Disneyland Dr, Anaheim, CA 9280222.8 mi285.5K(39.5%) 5Eastvale Gateway South Shopping Center / 12411 Limonite Ave, Eastvale, CA 917521.1 mi 218.4K(30.2%) Visitor Journey
Property:

Eastvale Marketplace / Limoni…
Show by:

CategoryCategory Group
Show Home/Work:

On
Prior
Home
Work
Target12471 Limonite Ave, Mira Lo…
Costco Wholesale5030 Hamner Ave, Eastvale, …
Ralphs12660 Limonite Ave, Corona…
Post
Home
Work
Target12471 Limonite Ave, Mira Lo…
Ralphs12660 Limonite Ave, Corona…
Orchard ParkOntario, CA, United States

52.2%

5.1%

1.4%

1.3%

0.6%

62.5%
3%

1.7%

0.7%

0.6%
1 Location
369
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Property:

Eastvale Marketplace / Limoni…
Journey Direction:

From Property
To protect individual privacy, the beginning points shown for each route are approximations and do notrepresent actual home locations.Learn more Dismiss Visits
201.3K - 1.7M

94.1K - 201.3K

58.6K - 94.1K

33.7K - 58.6K
< 33.7K
Map data ©2023
1 km
Report a map error
To protect individual privacy, the beginning points shown for each route are approximations and do not represent actual home locations.Learn more Hourly Visits
Eastvale Marketplace13322 Limonite Ave, Eastvale,…
Metric:

Visits
To Property
370
4/6/23, 4:52 PM Placer - Eastvale Marketplace - Overview https://analytics.placer.ai/#!/admin/insights/complexes/5e01f12e7afe4d2ffc0b88fe/overview?competitor=%5B%5D&filter=%5B%7B"date":%7B"start":"2… 7/7 Daily Visits
Eastvale Marketplace13322 Limonite Ave, Eastvale,…
Metric:

Visits
Length of Stay
Eastvale Marketplace13322 Limonite Ave, Eastvale,…
Metric:

Visits
Average Stay
Median Stay
371

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 12.10
April 26, 2023
Approval of Final Map and Subdivision Improvement Agreement for Tract Number 35061 located at the intersec-on of Limonite Avenue and Archibald Avenue for the “Eastvale Crossings” (Walmart) Retail Center
Prepared By:

Jimmy Chung, City Engineer
Recommended Action(s)
Staﬀ recommends that the City Council adopt the Resoluon approving the Final Map for Tract No. 35061
and a
uthorize the City Manager to execute the Subdivision Improvement Agreement for the "Eastvale Crossings" Retail Center.

Summary
The applicant, Walmart Real Estate, is requesng approval of Tract Map No. 35061 at the intersecon of Limonite and Archibald for the Walmart Project. This map subdivides 24.78 acres into six (6) parcels, ﬁve (5) of which would be developable and one (1) lot would be used as a detenon basin. The project site is located at the southeast corner of Limonite and Archibald Avenues identified as Assessor’s Parcel Number 144-030-039.

Background
Final Map
Staﬀ reviewed the plans and recommends approval of Tract Map No. 35061. The map subdivides approximately 24.78 acres into six (6) parcels, ﬁve (5) of which would be developable and one (1) that will be used as a detenon basin. The Tract Map has been examined and checked for compliance with the City of Eastvale ordinances and the State of California Subdivision Map Act, and 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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non-substanve changes will be corrected by staﬀ prior to recordaon. The Owner/Developer for the Walmart project site is Wal-Mart Real Estate.

The Tentave Tract Map 35061 was approved by the City Council on April 26, 2017 along with two
one-year extensions. Tentave Tract Map 35061 will expire on April 26, 2023.

The exisng General
Plan Land Use Designaon for the site is Commercial Retail. Commercial Retail allows for the development of a wide variety of commercial and retail related uses, including shopping, dining, entertainment, and services.

Subdivision Improvement Agreement
The Subdivision Improvement Agreement has been reviewed by City staﬀ, and all of the bonds and insurance required under this agreement will be provided and ﬁled with the City Clerk's oﬃce.

Bonds are based on a preliminary design, and will be increased if any signiﬁcant changes are needed as the project progresses.

Environmental
And Environmental Impact Report (EIR SCH No. 2015011020) was prepared and cerﬁed for this project. The Final Map is consistent with the project that was analyzed in the EIR and approved by the City. Further documentaon for the purposes of the California Environmental Quality Act (CEQA) is not required.

Strategic Plan Action - Priority Level: N/A
| Target #: 5
| Goal #: 3
Plan for landscape, roads, and street maintenance
Fiscal Impact
There will be no impact to the General Fund, as the project is funded by the applicant. Gas Tax or Measure A will fund any necessary long term street maintenance.

Prior City Council/Commission Action
On April 26, 2017, an Environmental Impact Report was cerﬁed by the City Council, via Resolution 17-28, and the Tentative Tract Map was approved.

On
October 20, 2021 the Planning Commission reviewed and approved the one-year Extension of Time for Tentave Tract Map No. 35061 which subdivides approximately 24.78 acres into five (5) commercial parcels and one (1) detention basin parcel.

On April 20, 2022, the Planning commission approved the one-year Extension of Time for Tentative Tract Map No. 35061.

Attachment(s)
Attachment 1 - Resolution 23-XX

Attachment 2 - Final Tract No. 35061

Attachment 3 - Subdivision Improvement Agreement

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RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, APPROVING THE FINAL MAP FOR TRACT NO. 35061
WHEREAS, the Tentative Map for Tract No. 35061 was approved by the Planning Commission on April 26, 2017; and
WHEREAS, the Subdividers have entered into a Subdivision Improvement Agreement with the City of Eastvale for the construction of offsite improvements; and WHEREAS, the Subdividers have requested the City of Eastvale to approve said Final Map.

NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the City Council of the City of Eastvale pursuant to Government Code Section 66458, hereby approves the Final Map for Tract No. 35061, a copy of which is hereby attached and made part of this Resolution; submitted at the Eastvale City Council meeting in connection with Wal-Mart Real Estate Business Trust, a Delaware Statutory Trust.

BE IT FURTHER RESOLVED that the City Council of the City of Eastvale hereby approves the Subdivision Improvement Agreement for Parcel No. 35061 with Wal-Mart Real Estate Business Trust, a Delaware Statutory Trust and authorize the City Manager to sign the agreement on behalf of the City Council.

PASSED, APPROVED AND ADOPTED this 26th day of April, 2023. __________________________________________
Todd Rigby
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________________ __________________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk/Communications Director
374

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §

CITY OF EASTVALE )

I, Marc A. Donohue, City Clerk/Communications Director of the City of Eastvale, California, do hereby certify that the foregoing City Council Resolution No. 23-XX, was duly adopted by the City Council of the City of Eastvale, California, at a meeting held on the 26th day of April 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk/Communications Director
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SEW
PROJECTSITELIMONITE AVEARCHIBALD AVEHAMNER AVEEUCLID AVEPINE AVE6TH STREET

ETIWNADA AVE
DETAIL "A"
377
N
SEW
LOT 1LOT 2LOT "A"
378
N
SEWLOT "B"
LOT 3
LOT 4
LOT 5
LOT 1
LOT "A"
LOT 6
379
LOT "A"
LOT 2LOT 1
LOT "A"
LOT 1
LOT 1
LOT 1LOT 5
LOT "B"
LOT "B"
DETAIL "B" (SHEET 3)
DETAIL "E" (SHEET 4)
DETAIL "F" (SHEET 4)
DETAIL "C" (SHEET 4)
LOT 1LOT "A"
DETAIL "D" (SHEET 4)
N
SEW
N
SEW
N
SEW
N
SEW
N
SEWLOT 1LOT 3
DETAIL "G" (SHEET 4)
LOT "A"LOT 2DETAIL "H" (SHEET 3)
N
SEW
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AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 12.11
April 26, 2023
Approval of Professional Services Agreement with NV5 for Consulting Services in the Public Works Division
Prepared By:

Jimmy Chung, City Engineer
Recommended Action(s)
Staﬀ recommends that the City Council approve the Professional Services Agreement with NV5 for Consul!ng Services in the Public Works Division in the amount of $112,880 and authorize the City Manager to execute the agreement.

Summary
The Engineering Division is responsible for overseeing the design and construc!on of private development and managing capital/public projects. The division collects development fees, processes permits, and provides inspec!ons for a variety of construc!on and non-construc!on ac!vi!es within the public right-of-way. The services oﬀered by the Engineering Division ensures compliance of City Codes and design standards. The Engineering Division also reviews, coordinate, approve, monitor, manage, and enforce approximately 400 encroachment permits per year in addition to the private land development related permit coordination work.

The Public Works Department is commi4ed to the maintenance and opera!on of the City of Eastvale’s infrastructure. This includes ensuring the safety and quality of: streets, sidewalks, curb and gu4er, curb ramps, medians, landscaping, traﬃc signals, street lights, traﬃc signs, storm drain inlets, etc. Through ini!a!ves such as the Capital Improvement Program, the Public Works staﬀ actively improves the City’s infrastructure.

Background
The consultant would be responsible for the following: 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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- performing reviewing, reading, and understanding simple construc!on drawings and interpre!ng and explaining simple Public Works regulations and standards - reviewing permit applica!ons, interac!ng with the general public, maintaining records and ﬁles, and performing other project related duties as requested - supporting the Public Works permitting process and other Public Works related needs - providing field services including management of minor public works maintenance related projects; -monitoring and responding to non-emergency issues that are reported through the My Eastvale app
- supporting current city consultants from
MCE and Econolite in order
to keep the Public Works field
operations running smoothly

NV5 demonstrated both experience and qualiﬁca!ons that meet Eastvale's needs and expecta!ons, and is capable of providing the necessary professional services immediately. This contract will provide field technician consulting services for not-to-exceed 1,000 hours per fiscal year.

The majority of work hours associated with Public Works, Streets, and Public Right of Way will be paid with Measure A and Gas Tax.

Environmental
The proposed contract is not a project as deﬁned by the California environmental Quality Act (CEQA) and as such, no environmental review is required.

Strategic Plan Action - Priority Level: 3
| Target #: 3
| Goal #: 6
Ensure the City revenues align with expenditures
Fiscal Impact
Budget is available in fiscal year 2022-23 the following accounts:

Fund
Account Number
Description
Available FY 22-23
Budget
Gas Tax Fund
200-500-6490
Other Contract
services
$112,675
General Fund
100-500-6490
Other Contract
services
$27,520.74

The contract is based on a hourly rate schedule with a total not-to-exceed amount of $112,880.

Corresponding accounts will be used depending on the task performed. This agreement is to replace the contract services provided by a single source. There is no ﬁnancial impact an!cipated at this !me. As this contract extends beyond the current ﬁscal year, addi!onal budget to cover the contract will be requested through the 2023-24 budget process.

Prior City Council/Commission Action
There has been no prior Council action.

Attachment(s)
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Attachment - PSA for NV5

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- 1 -

AGREEMENT FOR SERVICES
[CONSULTING SERVICES]

This Agreement for Services (“Agreement”) is entere d into as of this ____ day of _________, 2023 by and between the City of Eastvale , a municipal corporation (“City”) and NV5, Inc. (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has sought, by informal quotes the performa nce of the services defined and described particularly in Section 2 of this Agreement.

B. Contractor, following submission of a quote for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services.

C. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularl y in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other conside ration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

SECTION 1. TERM OF AGREEMENT.

Subject to the provisions of Section 20 "Terminatio n of Agreement" of this Agreement, the Term of this Agreement is for one ye ar commencing on the date first ascribed above.

SECTION 2. SCOPE OF SERVICES
(a) Scope of Services. Contractor agrees to perfor m the services set forth in Exhibit “A” “Scope of Services and Compensation” (hereinafter, the “Services”) and made a part of this Agreement by this reference.

SECTION 3. ADDITIONAL SERVICES.

Contractor shall not be compensated for any work re ndered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or S ection 28 “Amendment” of this Agreement. If and when such additional work is aut horized, such additional work shall be deemed to be part of the Services.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
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(a) Subject to any limitations set forth in this Ag reement, City agrees to pay Contractor the amounts specified in Exhibit “A” “Sc ope of Services and Compensation” and made a part of this Agreement by this reference . The total compensation, including reimbursement for actual expenses, shall not exceed one hundred twelve thousand eight hundred and eighty dollars ($112,880), unless addit ional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement.
(b) Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the precedin g month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontract or charges shall be detailed by the following categories: labor, travel, materials, equ ipment and supplies. If the compensation set forth in subsection (a) and Exhibi t “A” include payment of labor on an hourly basis (as opposed to labor and materials bei ng paid as a lump sum), the labor category in each invoice shall include detailed des criptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Contractor to determine wh ether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoi ce shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. (d) Payment to Contractor for work performed pursua nt to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Contra ctor’s work under this Agreement, either during performance or when comple ted. City shall reject or finally accept Contractor’s work within sixty (60) days aft er submitted to City. City shall reject work by a timely written explanation, otherwise Contractor’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Contractor’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.

Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, s tudies, surveys, reports, data, notes, computer files, files or other documents pre pared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement, Contractor’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes , computer files, files or other documents.

All final work product developed by Contractor in t he course of providing the Services pursuant to this Agreement shall become th e sole property of City and may be used, reused or otherwise disposed of by City witho ut the permission of the Contractor. Upon completion, expiration or termina tion of this Agreement, Contractor shall turn over to City all such final work product if paid for by the City. This provision specifically excludes Contractors’ work notes and drafts, which are owned by Contractor, not City.

SECTION 7. CONTRACTOR'S BOOKS AND RECORDS.
(a) Contractor shall maintain any and all documents and records demonstrating or relating to Contractor’s performance of the Serv ices. Contractor shall maintain any and all ledgers, books of account, invoices, vouche rs, canceled checks, or other documents or records evidencing or relating to the Services, including expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with g enerally accepted accounting principles and shall be sufficiently complete and d etailed so as to permit an accurate evaluation of the services provided by Contractor p ursuant to this Agreement. Any and all such documents or records shall be maintained f or three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. In accordance wit h California Government Code Section 8546.7, if the total compensation in Sectio n 4 exceeds ten thousand dollars ($10,000.00), this Agreement and the Contractor's b ooks and records related to this Agreement shall be subject to the examination and a udit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, aud it and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, u nless an alternative is mutually agreed 417
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upon, such documents and records shall be made avai lable at Contractor’s address indicated for receipt of notices in this Agreement.
(c) Where City has reason to believe that any of th e documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Contractor’s business , City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives.

SECTION 8. INDEPENDENT CONTRACTOR.
(a) Contractor is and shall at all times remain a w holly independent contractor and not an officer, employee or agent of City. Con tractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise.
(b) The personnel performing the Services under thi s Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Contractor o r any of Contractor’s personnel.

Contractor shall not at any time or in any manner r epresent that Contractor or any of Contractor’s personnel are in any manner officials, officers, or employees of City. (c) Neither Contractor, nor any of Contractor’s per sonnel shall obtain any rights to retirement, health care or any other benefits wh ich may otherwise accrue to City’s employees. Contractor expressly waives any claim C ontractor, its officers, employees, agents or subcontractors, may have to any such righ ts. Contractor’s indemnity obligations in Section 16 “Indemnification” of this Agreement include the obligation to indemnify the City from and against any liability t hat may arise related to claims that Contractor, its officers, employees, agents or subc ontractors, are entitled to retirement, health care or any other benefits that accrue to Ci ty employees. This provision shall survive the expiration or earlier termination of this Agreement.

SECTION 9. STANDARD OF PERFORMANCE.

Contractor represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Servic es required under this Agreement in a thorough, competent and professional manner. Contr actor shall at all times faithfully, competently and to the best of its ability, experie nce and talent, perform all Services. In meeting its obligations under this Agreement, Contr actor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Contractor under this Agreement. In addition to the general standards of performance set forth t his section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Contractor’s work under this Agreement. Where there is a conflict between a general and a specifi c standard of performance or performance criteria, the specific standard or criteria shall prevail over the general. 418
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SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMIT S AND LICENSES.

Contractor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the Services se t forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result o f any failure of Contractor to comply with this section.

SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Contractor that California prevailing wage laws do not apply to this Agreement because the Agreemen t does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction , alteration, demolition, installation, or repair work performed on public buildings, facil ities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preco nstruction phases of construction including, but not limited to, inspection and land surveying work.

SECTION 12. NONDISCRIMINATION.

Contractor shall not discriminate, in any way, agai nst any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital sta tus, sex, gender, gender identity, gender expression, age, sexual orientation, or mili tary and veteran status in connection with or related to the performance of this Agreement.

SECTION 13. UNAUTHORIZED ALIENS.

Contractor hereby promises and agrees to comply wit h all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimb urse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

SECTION 14. CONFLICTS OF INTEREST.
(a) Contractor covenants that neither it, nor any o fficer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any wa y hinder Contractor’s performance of the Services. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed b y it as an officer, employee, agent or subcontractor without the express written consen t of the City Manager. Contractor 419
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agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Contract or is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and privat e parties. Contractor is unaware of any stated position of City relative to such projec ts. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Contract or will perform non- related services for other governmental agencies an d private Parties following the completion of the Services under this Agreement. A ny such future service shall not be considered a conflict of interest for purposes of this section.

SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF IN FORMATION. (a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contrac tor. Contractor shall not release or disclose any such information or work product to pe rsons or entities other than City without prior written authorization from the City M anager, except as may be required by law.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other i nformation concerning the work performed under this Agreement. Response to a subp oena or court order shall not be considered "voluntary" provided Contractor gives Ci ty notice of such court order or subpoena.
(c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violati on of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney's fees, caused by or i ncurred as a result of Contractor’s conduct.

Contractor shall promptly notify City should Contra ctor, its officers, employees, agents or subcontractors, be served with any summon s, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by C ity to control, direct, or rewrite said response. Contractor shall not be held criminally o r civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a 420
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Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.

SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Wh ere the law establishes a professional standard of care for Contractor’s serv ices, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend an d hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expens es or costs of any kind, whether actual, alleged or threatened, including reasonable attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees) a rise out of, are a consequence of, or are in any way attributable to, in whole or in part , any negligent or wrongful act, error or omission of Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, empl oyees or subcontractors of Contractor, in the performance of professional services under this Agreement. (b) Indemnification for Other than Professional Lia bility. Other than in the performance of professional services and to the ful l extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative pr oceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actu al, alleged or threatened, including reasonable attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a c onsequence of, or are in any way attributable to, in whole or in part, the performan ce of this Agreement by Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. (c) Indemnification from Subcontractors. Contracto r agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor or any other person or enti ty involved by, for, with or on behalf of Contractor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Contractor fails to obtain such indemnity obligations from others as required herein, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section.
(d) City’s Negligence. The provisions of this sect ion do not apply to claims occurring as a result of City’s negligence. The provisions of this section shall not release City from liability arising from gross negligence, active negligence or willful acts or omissions of City or any and all of its officials, employees and agents. 421
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SECTION 17. INSURANCE.

Contractor agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “B” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to ame ndment or waiver if so approved in writing by the City Manager. Contractor agrees to provide City with copies of required policies upon request.

SECTION 18. ASSIGNMENT.

The expertise and experience of Contractor are mate rial considerations for this Agreement. City has an interest in the qualificati ons and capability of the persons and entities who will fulfill the duties and obligation s imposed upon Contractor under this Agreement. In recognition of that interest, Contra ctor shall not assign or transfer this Agreement or any portion of this Agreement or the p erformance of any of Contractor’s duties or obligations under this Agreement without the prior written consent of the City.

Any attempted assignment shall be ineffective, null and void, and 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 pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Contr actor, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.

SECTION 19. CONTINUITY OF PERSONNEL.

Contractor shall make every reasonable effort to ma intain the stability and continuity of Contractor’s staff and subcontractors , if any, assigned to perform the Services. Contractor shall notify City of any chan ges in Contractor’s staff and subcontractors, if any, assigned to perform the Ser vices prior to and during any such performance.

SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or with out cause, at any time by giving thirty (30) days written notice of termination to Contractor. In the event such notice is given, Contractor shall cease immediately all work in progress. (b) Contractor may terminate this Agreement for cau se at any time upon thirty (30) days written notice of termination to City.
(c) If either Contractor or City fail to perform an y material obligation under this Agreement, then, in addition to any other remedies, either Contractor, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Co ntractor or City, all property belonging exclusively to City which is in Contractor’s possession shall be returned to City.

Contractor shall furnish to City a final invoice fo r work performed and expenses incurred by Contractor, prepared as set forth in Section 4 “Compensation and Method of Payment” 422
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of this Agreement. This final invoice shall be rev iewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.

SECTION 21. DEFAULT.

In the event that Contractor is in default under th e terms of this Agreement, the City shall not have any obligation or duty to conti nue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. Th e notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circums tances warrant. During the period of time that Contractor is in default, the City sha ll hold all invoices and shall, when the default is cured, proceed with payment on the invoi ces. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the defaul t, the City may take necessary steps to terminate this Agreement under Section 20 “Terminat ion of Agreement.” Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any right s arising out of any provision of this Agreement.

SECTION 22. EXCUSABLE DELAYS.

Contractor shall not be liable for damages, includi ng liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Contractor. Such causes include, but are not limit ed to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

SECTION 23. COOPERATION BY CITY.

SECTION 24. NOTICES.

To City: City of Eastvale
Attn: City Manager
12363 Limonite Ave., Suite 910
Eastvale, CA 91752
423
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To Contractor: NV5, Inc.

Attn: Jeffrey M. Cooper
163 Technology Drive, Suite 100
Irvine, CA 92618

Notice shall be deemed effective on the date person ally delivered or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. AUTHORITY TO EXECUTE.

Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on beha lf of the Party for whom he or she purports to sign. Each Party hereto agrees to defen d, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to execute this Agreement.

SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager sh all have the authority to issue interpretations and to make amendments to this Agre ement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Eastvale Municipal Code.

SECTION 27. BINDING EFFECT.

This Agreement shall be binding upon the heirs, exe cutors, administrators, successors and assigns of the Parties.

SECTION 28. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if it does not exceed the amount that may be approved administratively pursuant to t he Eastvale Municipal Code. The Parties agree that the requirement for written modi fications cannot be waived and that any attempted waiver shall be void. The City’s City Manager may, but is not required to, make minor amendments not affecting substantive ter ms without further authorization from the City Council. The City Council hereby auth orizes the City Manager to execute any such amendments as required by this Agreement o r that do not otherwise reduce City’s rights under this Agreement. All other amen dments shall be approved by the City Council.

SECTION 29. WAIVER.

waiver of any other provision nor a waiver of any s ubsequent breach or violation of any provision of this Agreement. Acceptance by City of any work by Contractor shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 30. LAW TO GOVERN; VENUE.

This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of l itigation between the Parties, venue in state trial courts shall lie exclusively in the Cou nty of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.

In the event litigation or other proceeding is requ ired to enforce or interpret any provision of this Agreement, the prevailing Party i n such litigation or other proceeding shall be entitled to an award of reasonable attorne y's fees, costs and expenses, in addition to any other relief to which it may be entitled.

SECTION 32. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Par ties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Contractor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

SECTION 33. SEVERABILITY.

SECTION 34. CONFLICTING TERMS.

IN WITNESS WHEREOF , the Parties hereto have executed this Agreement on the date and year first-above written.

CITY OF EASTVALE
___________________________
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Mark Orme
City Manager
ATTEST:
___________________________
Marc Donohue
City Clerk

APPROVED AS TO FORM
_______________________________
Erica Vega
City Attorney
NV5, Inc.

By: ____
Name: ___________________________
Its: ______________________________
NOTE: CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZ ED, AND

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY B E

REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S
BUSINESS ENTITY. CORPORATIONS AND LLCS MUST SUBMIT

DOCUMENTATION SHOWING THAT THE INDIVIDUAL SIGNING ON ITS BEHALF HAS THE AUTHORITY TO EXECUTE THIS CONTRACT.
426

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EXHIBIT "A"

SCOPE OF SERVICES AND COMPENSATION
427
163 Technology Drive, Suite 100 | Irvine, CA 92618 | www.NV5.com | Office 949.585.0477

April 12, 2023
Yurhi Choi, Associate Engineer
City of Eastvale
12363 Limonite Avenue, Suite 910
Eastvale, CA 91752
Subject: Field Technician Services
Dear Yurhi,

NV5, Inc. is excited to have the opportunity to provide a Field Technician to the City of Eastvale (City). Our team has the knowledge and experience to deliver these services in the most efficient and cost effective manner.

NV5 understands that the duties of the Field Technician are to be performed at the City and will include the following essential functions:

A. Respond to complaints regarding Public Works related issues and assign them to an appropriate party to address.

B. Establish and maintain effective working relationships with those contacted in the course of work.

C. Communicate with supervisor as needed to coordinate work activities, review work status, exchange information, or resolve issues; recommend solutions and respond to questions, concerns, and/or complaints.

D. Operate a motor vehicle, personal computer, camera, measuring instruments, or other equipment as necessary to complete essential functions.

E. Follow safety procedures, utilize safety equipment, and assist in monitoring work environments for safety of employees and other individuals.

F. Maintain a comprehensive, current knowledge of applicable laws, regulations, and standards; maintain an awareness of new construction methods, materials, trends and advances in the profession.

G. Assist with the set-up and maintenance of city related assigned jobs.

H. Manage mini projects such as miscellaneous concrete repair and sign replacement.

I. Maintain a good record of the assigned duties and adhere to prescribed work schedule to conduct job responsibilities.

J. Perform related duties and responsibilities as required.

NV5 understands the City desires one (1) Field Technician for forty (40) hours per week for nine (9) weeks, plus 1,000 hours for FY 23-24.

Excluded from our scope of work are specific categories covered by the California Department of Industrial Relations as Prevailing Wage Work, which includes modifying, maintaining, or setting up traffic control, and sanitation engineering, including litter control and removal and unwanted dumping control and removal.

428

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City of Eastvale

163 Technology Drive, Suite 100 | Irvine, CA 92618 | www.NV5.com | Office 949.585.0477 NV5 offers James DeMonaco to the City at the following rate. Mr. DeMonaco’s resume is attached for the City’s consideration.

Name Hourly Rate* Hours Total
James DeMonaco, Field Technician $83 1360 $ 112,880
Total $112,880

* Rate is for up to 8 hours per day. Overtime at 1.5x base rate applies for work from 8 to 12 hours, and double base rate for over 12 hours, weekends, and holidays.

NV5 looks forward to working with the City and helping you achieve your goals and objectives. If you need further information, we may be reached by phone at (949) 585-0477, or electronically at [email protected]. Thank you for your time and consideration.

Sincerely,
NV5

Jeffrey M. Cooper, PE
Senior Vice President

PN: P27023-0002767.00
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EXHIBIT "B"

INSURANCE

A. Insurance Requirements. Contractor shall provi de and maintain insurance, acceptable to the City, in full force and effect th roughout the term of this Agreement, against claims for injuries to persons or damages t o property which may arise from or in connection with the performance of the Services by Contractor, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M.

Best's rating of no less than A:VII.

Contractor shall provide the following scope and l imits of insurance:

1. Minimum Scope of Insurance. Coverage shall be at least as broad as:

(1) Commercial General Liability. Insurance Ser vices Office form Commercial General Liability coverage (Occurrence Form CG 0001).

(2) Automobile. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City.

(3) Workers’ Compensation. Workers' Compensatio n insurance as required by the Labor Code of State of Californi a covering all persons providing Services on behalf of the Contractor and all risks to such persons under this Agreement.

(4) Professional Liability. Professional liabil ity insurance appropriate to the Contractor’s profession. This c overage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services perform ed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of Contractor’s services or the terminat ion of this Agreement. During this additional three (3) year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage.

2. Minimum Limits of Insurance. Contractor shall maintain limits of insurance no less than:

(1) Commercial General Liability. $1,000,000 ge neral aggregate for bodily injury, personal injury and property damage.

(2) Automobile. $1,000,000 per accident for bod ily injury and property damage. A combined single limit policy wi th aggregate limits in an amount of 430

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not less than $2,000,000 shall be considered equiva lent to the said required minimum limits set forth above.

(3) Workers' Compensation. Workers' Compensatio n as required by the Labor Code of the State of California of not less than $1,000,000 per occurrence.

(4) Professional Liability. $1,000,000 per clai m.

B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:

1. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be sus pended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, retur n receipt requested, has been given to City.

2. Commercial General Liability and Automobile Li ability Coverages.

(1) City, and its respective elected and appoint ed officers, officials, and employees and volunteers are to be c overed as additional insureds as respects: liability arising out of activities Cont ractor performs; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection a fforded to City, and their respective elected and appointed officers, officials, or employees.

(2) Contractor’s insurance coverage shall be pri mary insurance with respect to City, and its respective elected an d appointed, its officers, officials, employees and volunteers. Any insurance or self-in surance maintained by City, and its respective elected and appointed officers, official s, employees or volunteers, shall apply in excess of, and not contribute with, Contractor’s insurance.

(3) Contractor’s insurance shall apply separatel y to each insured against whom claim is made or suit is brought, exce pt with respect to the limits of the insurer's liability.

(4) Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warra nties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.

3. Workers' Compensation Coverage. Unless the Ci ty Manager otherwise agrees in writing, the insurer shall agre e to waive all rights of subrogation 431

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against City, and its respective elected and appoin ted officers, officials, employees and agents for losses arising from work performed by Contractor.

C. Other Requirements. Contractor agrees to depos it with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City may require that Contractor furnish City with copies of original endorsements effecting coverage required by this Exhibit “B”. The certificates and endorsements are to be signed by a person authorized by that insurer to bind cove rage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

1. Contractor shall furnish certificates and endo rsements from each subcontractor identical to those Contractor provides.

2. Any deductibles or self-insured retentions mus t be declared to and approved by City. At the option of City, either th e insurer shall reduce such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers.

3. The procuring of such required policy or polic ies of insurance shall not be construed to limit Contractor’s liability he reunder nor to fulfill the indemnification provisions and requirements of this Agreement.

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AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 12.12
April 26, 2023
Approval of Task Order No. 8 with Fehr & Peers for Eastvale General Plan Circula/on Element Update Citywide Level of Service Analysis
Prepared By:

Jimmy Chung, City Engineer
Recommended Action(s)
Staﬀ recommends that the City Council approve Task Order No. 8 in an amount not to exceed $36,200 to the On-call Contract with Fehr & Peers for the Citywide Level of Service Analysis to update the Eastvale General Plan 2040 Circulation Element.

Summary
On February 12, 2020, the city kicked-oﬀ the Eastvale 2040 General Plan Update with the goal of crea3ng Eastvale's ﬁrst community-driven General Plan. A6er gathering signiﬁcant community input, including forma3on of small working groups called “advisory circles”, holding workshops with the Planning Commission and City Council on the preferred land use plan, and hos3ng a community- wide open house and Environmental Impact Report (EIR) scoping mee3ng in August 2022, staﬀ kicked off the drafting of the General Plan document and Draft EIR.

The Circula3on Element is a required component of the General Plan Update. Staﬀ iden3ﬁed nineteen (19) intersec3ons and eight (8) street segments that must to be analyzed to determine circula3on impacts. This proposed study (AAachment 1), in conjunc3on with data that has already been collected from Task Order No. 7 for these loca3ons, will assess the current and projected level of service throughout the city to determine the necessary improvements to provide level of service at an acceptable level.
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The intersections included in the study are:

1. Hellman Avenue and Walters Street

2. Archibald Avenue and Limonite Avenue

3. Archibald Avenue and 65th Street

4. Archibald Avenue and Fairchild Drive

5. Archibald Avenue and Chandler Street

6. Archibald Avenue and Grapewin Street

7. Sumner Avenue and Bellegrave Avenue

8. Sumner Avenue and Limonite Avenue

9. Sumner Avenue and 68th Street

10. Sumner Avenue and Schleisman Road

11. Scholar Way and Bellegrave Avenue

12. Scholar Way and Limonite Avenue

13. Scholar Way and Schleisman Road

14. Hamner Avenue and Ontario Ranch Road/Cantu-Galleano Ranch Road

15. Hamner Avenue and Bellegrave Avenue

16. Hamner Avenue and Swan Lake

17. Hamner Avenue and Limonite Avenue

18. Hamner Avenue and Schleisman Road

19. Eastvale Gateway and Limonite Avenue
The street segments are:

1. Hellman Avenue between Walters Street and Chandler Street

2. Hall Avenue between Walters Street and Chandler Street

3. Selby Avenue between Walters Street and Chandler Street

4. Walters Street west of Selby Avenue

5. Chandler Street between Walters Street and Archibald Avenue

6. Archibald Avenue between Baron Drive and Bluff Street

7. Citrus Streeet between Sumner Ave and Hamner Ave

8. Jamestown Ave between Bellegrave Ave and 58th Street

Background
The General Plan is an implementa3on tool and represents the needs of the City moving forward. To be successful, the General Plan must capture the community’s values. Eastvale’s ﬁrst General Plan was adopted by the City Council on June 13, 2012. Since its adop3on, the City has changed and evolved. Now that the City has passed its 10th year of service, and it is more ﬁnancially stable with a popula3on of nearly 75,000 residents, the 3me has come to reexamine and update the community's long-term vision and values to ensure that they are in alignment with our residents, businesses, Strategic Plan, new State laws and rapidly changing economic needs in the region.

On February 12, 2020, the city kicked-oﬀ the Eastvale 2040 General Plan update with the goal of incorporating the following core values into each element:

Crafting a Community Vision and Guiding Policies
Creating a “Blueprint” that integrates Land Use, Circulation, Open Space and Housing Establishing Environmental/Quality of Life health and safety thresholds for Noise, Safety, Conservation and Air Quality Implementation,
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Financing and Work Plan for Economic Development, Investment Opportuni3es, Capital Improvement, New Development, Hazardous, Strategic and Specific Plans

Staﬀ conducted public outreach ac3vi3es beginning in February 2020. Below is a summary of public participation opportunities:

Project website that serves as the information portal to the Eastvale 2040 project Several informational videos explaining the General Plan update process Youth activities to receive input from our younger residents Several workshops with the Planning Commission and City Council Stakeholder Interviews with 18 "Community Champions"
"Clear Vision Speaker Series" comprised of recorded presenta3ons and discussions with six respected experts covering planning topics such as mobility, community design, diversity and inclusion, housing, economic development, and creative placemaking visioning workshop Explore Eastvale! walk audit that allowed residents to provide input on mobility on our streets

In addi3on to the outreach opportuni3es above, in May 2022 staﬀ launched another outreach eﬀort to reengage with residents, community stakeholders, the Planning Commission and City Council, with a focus on arriving on a preferred land use plan, which is the ﬁrst step to launching the Dra6 Environmental Impact Report (DEIR). To address some of the more technical aspects of the project, small working groups called “advisory circles” were formed and comprised of community members including residents, business owners, local advocates, and community champions. The advisory circle mee3ngs were limited to groups of 4-8 stakeholders and worked to bring recommenda3ons to the Planning Commission and City Council related to land use, circula3on, the Chandler area, and open space. In June 2022, the City Council provided staﬀ with direc3on on the preferred land use plan and, in August 2022, staﬀ hosted a large community open house and EIR scoping mee3ng to present the preferred land use plan. Subsequently, staﬀ began work on the dra6 General Plan document and EIR. To date, staﬀ worked with the consul3ng team to evaluate the exis3ng goals and policies in the General Plan and reﬁne them to align with the input received during the public outreach phase. The consul3ng team dra6ed several elements of the General Plan which are currently under review by staﬀ. The dra6 General Plan document is an3cipated to be available for public review in Summer 2023. While the General Plan is under review, the consul3ng team will ﬁnalize the Dra6 EIR. The Dra6 EIR is an3cipated to be ready for public review by early summer 2023, with consideration of the entire project by late summer.

The following task orders and amount of the Purchase Orders (PO) have been issued to Fehr & Peers so far. However, actual invoiced amount is less than the not-to-exceed PO amount. The contract has a not-to-exceed amount of $500,000. There is suﬃcient capacity in this not-to-exceed amount for the approval of Task Order 8.

PO
Task
Services
$ 5,000
A-1
LEAL TIA Review
$ 24,300
A-2
Scholar Way Data Collection - Phase 1
$ 9,800
A-3
Majestic Chino Flight Development
$ 4,000
A-4
Taco Bell
$ 9,800
A-5
Dunkin Donuts
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$ 9,800
A-6
Leal Specific Plan
$ 22,600
A-7
Citywide LOS Data Collection and Land Use Modeling
$ 36,200
A-8
General Plan Forecasting and Operations Assessment (NOT ISSUED

UNTIL COUNCIL APPROVES THIS AGENDA ITEM)

Environmental
The proposed Task Order is not a project and is not subject tot the California Environmental Quality Act. A Program Environmental Impact Report (PEIR) will be prepared for the Eastvale 2040 General Plan Update in accordance with CEQA to be considered by the City Council at a future hearing for this project.

Strategic Plan Action - Priority Level: 2
| Target #: 2
| Goal #: 7
Develop Branding and Identity for Eastvale
Fiscal Impact
The General Plan is a policy document that does not have a direct ﬁscal impact. Fiscal impacts associated with any future development are evaluated as a part of the en3tlement process prior to considera3on by the Planning Commission and/or the City Council. Costs related to consultant services for the General Plan were included in the Capital Improvement Plan and will be allocated during the fiscal year 2023-24 budget process in Gas Tax fund account number 200-290-6426-94008.

Prior City Council/Commission Action
On June 13, 2012, the City Council adopted the exis3ng General Plan. On June 22, 2022, the City Council provided staff with direction on the preferred land use plan.

Attachment(s)
Attachment 1 - Task Order 8 - Citywide LOS Scope

Attachment 2 - Fehr & Peers On-Call Professional Service Agreement

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3750 University Avenue| Suite 225 | Riverside, CA 92501 | (951) 274-4800 | Fax (949) 859-3209 www.fehrandpeers.com
April 11, 2023

Gustavo Gonzalez
City of Eastvale
12363 Limonite Avenue
Eastvale, CA 91752

Subject: Add-Services - Eastvale General Plan Circulation Element Update Citywide Level of Service Analysis
P22-2109
Dear Gustavo,
Fehr & Peers is pleased to provide this add-servic es proposal to support the City’s General Plan Update. We have prepared the below scope of se rvices based on discussi ons with the City, our understanding of General Plan Circulation Element best practices, and planning projects in adjacent cities.

APPROACH
Fehr & Peers will work with the City of Eastvale , Placeworks, and Michael Baker to assist in the development of the Circulation Element roadwa y network. Fehr & Peers will utilize land use information from the City ’s general plan land use and neighboring City (Ontario, Corona, Chino) general plans to prepare future traffic forecasts throughout the City. The initial forecasts will focus on eight segments and review daily roadway capaci ty and 19 intersections for peak hour capacity review.

SCOPE OF WORK
Task 1 – Pre‐pandemic Data Comparison
Fehr & Peers can utilize Big Data sources (anonymous cell phone and GPS data vendors) to compare current traffic to pre-pandemic traffic and verify that peak hour and daily traffic volumes have returned to pre-pandemic levels.

Task 2 – Forecasting and Operations Assessment
Fehr & Peers will conduct the RIVCOM model run with the City’s General Plan SED inputs developed from Task 2 and develop the travel demand fore casts at the study intersections and roadway 437
Gustavo Gonzalez
April 11, 2023

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segments. This scope of work assumes that fore casts will be prepared by applying the Difference Method, which adds traffic growth from RIVCOM base to future year models to existing counts.

The forecasts noted above will be used to eval uate the Level-of-Service (LOS) for the study locations. Consistent with the City of Eastvale General Plan Policy C-10, we will identify the deficient locations and improvements to provide acceptable operations under the General Plan conditions.

This scope and fee assume tra ffic operation analysis for 19 intersections and eight roadway segments. Please note analysis for additional study locations will be scoped and budgeted on a time-and-materials basis with prior authorization from the client.

Task 3 – Documentation
Fehr & Peers will summarize the results of our assessment and Circulation Element Map recommendations in a draft traffic operations technical memorandum and submitted to the City of Eastvale for review. We have incl uded up to eight hours of staff ti me to respond to one round of consolidated comments from the City on the draft memorandum. The updated memorandum will be resubmitted to the project team as final.

FEE
Fehr & Peers will conduct the scope described above on a time-and materials basis as noted below:
 Task 1 (Pre-pandemic Data Comparison) - $5,000
 Task 2 (Forecasting and Operations Assessment) - $25,200  Task 3 (Documentation) - $6,000
 Total - $36,200
Any additional work requested ou tside of this scope of work will be scoped and budgeted on a time-and-material basis with prior authorization fr om the client. We can begin upon receipt of a task order from the City.

SCHEDULE
Fehr & Peers can complete Task 1 within one week of receiving a task order from the City of Eastvale.

Fehr & Peers can complete the remaining tasks with in six weeks after receiving the traffic counts.

Subsequent submittals can be reviewed within two weeks of receiving the updated draft document.

If you have any questions, please call us at 949-308-6318. 438
Gustavo Gonzalez
April 11, 2023

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Sincerely,

FEHR & PEERS

Jason D. Pack
Principal

Paul Herrmann, TE
Senior Associate

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AGREEMENT FOR ON -CALL PROFESSIONAL SERVICES
CIRCULATION AND TRANSPORTATION PLANNING AND DESIGN SERVICES; MULTI - USE TRAIL DESIGN SERVICES]
This Agreement for On - Call Professional Services (" Agreement") is entered into as of this - 140 day of JUI 2020by and betweenthe City of Eastvale, a municipal corporation (" City") and Fehr & Peers, a California corporation (" Contractor").

City and Contractor are sometimes hereinafter individually referred to as " Party" and hereinafter collectively referred to as the " Parties."

RECITALS
A. City has sought, by request for qualifications the performance of the services defined and described particularly in Section 2 of this Agreement.

SECTION 1. TERM OF AGREEMENT.

Subject to the provisions of Section 20 " Termination of Agreement" of this Agreement, the Term of this Agreement is for three years commencing on the date first ascribed above. City may extend the Term of this Agreement two times for one year each time, for a total potential term of five years.

SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. a) Scope of Services. Contractor agrees to perform circulation and transportation planning and design, and multi - use trail design services ( hereinafter, the Services") as requested and authorized by the City. When the City desires to utilize Contractor for Services, the City will issue a Task Order that includes a Scope of Services to be performed and the compensation to be paid for the Services within the Task Order. Each Task Order shall be attached to this Agreement in Exhibit " A" ( e. g., the first Task Order will be Exhibit " A- 1 ", the second Exhibit " A- 2," etc.). Each Task Order is made a part of this Agreement by this reference. 1 -
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b) Schedule of Performance. The Services authorized by each Task Order shall be completed pursuant to the schedule stated in the Task Order. Should the Services not be completed pursuant to that schedule, the Contractor shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Contractor to continue performing the Services.

SECTION 3. ADDITIONAL SERVICES.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
a) Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in each Task Order for the Services identified in the Task Order. The total compensation for all Task Orders, including reimbursement for actual expenses, shall not exceed five hundred thousand dollars ($ 500, 000. 00), unless additional compensation is approved in writing in accordance with Section 28 Amendment" of this Agreement. Half of this amount shall be available for circulation and transportation planning and design services, and the other half shall be available for multi - use trail design services. The City Manager shall have the authority to approve Task Orders for Services that do not exceed the City Manager' s then - current signing authority for purchases of professional services as set forth in Section 4.06.050, as that section may be amended from time to time. All other Task Orders shall be approved by the City Council prior to the commencement of the Services. b) Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor ( by sub -category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection ( a) and the applicable Task Order include payment of labor on an hourly basis ( as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection ( c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission.
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c) Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will use its best efforts to cause Contractor to be paid within thirty ( 30) days of receipt of Contractor' s correct and undisputed invoice.
d) Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents. However, notwithstanding any provision to the contrary in this Agreement, Contractor shall retain ownership and all rights in all inventions, improvements, discoveries, methodologies, models, formats, software, algorithms, processes, procedures, designs, specifications, findings, and other intellectual properties developed, discovered, gathered, or produced by Contractor prior to, or independently of, any of its Services under this Agreement Pre- existing Materials"), including such Pre- existing Materials that Contractor may employ in the performance of this Agreement, or may incorporate into any part of the Work Product. Contractor grants City an irrevocable, non- exclusive, royalty - free, license in perpetuity to use, disclose, derive from, and transfer such Pre- existing Materials, but only as an inseparable part of the Work Product. If any third - party content is incorporated into the Work Product, such third -party content shall not become the property of City. Contractor shall secure all licenses necessary for City to utilize Contractor' s Services and the Work Product for their intended purposes If and to the extent that City utilizes for any purpose not related to this Agreement the Work Product, Contractor' s guarantees and warranties in Section 9 " Standard of Performance" of this Agreement shall not extend to such use of the Work Product.

Furthermore, any such use or reuse, or any modification of the Work Product without 3-
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the written verification or consent of Contractor will be at City's sole risk and without liability or legal exposure to Contractor and Contractor' s consultants.

All final work product developed by Contractor in the course of providing the Services pursuant to this Agreement, with the exception of Contractor' s Background IP and any third -party content incorporated into the Work Product, shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such final work product if paid for by the City. This provision specifically excludes Contractors' work notes and drafts, which are owned by Contractor, not City.

SECTION 8. INDEPENDENT CONTRACTOR.
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a) Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred underthis Agreement or is otherwiseexpresslyconferred in writing by City. b) The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor' s exclusive direction and control.

Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor' s officers, employees, or agents are in any manner officials, officers, employees or agents of City.
c) Neither Contractor, nor any of Contractor' s officers, employees, agents or subcontractors shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Contractor expressly waives any claim Contractor, its officers, employees, agents or subcontractors, may have to any such rights. Contractor' s indemnity obligations in Section 16 " Indemnification" of this Agreement include the obligation to indemnify the City from and against any liability that may arise related to claims that Contractor, or its officers, employees, agents or subcontractors, are entitled to retirement, health care or any other benefits that accrue to City employees. This provision shall survive the expiration or earlier termination of this Agreement.

SECTION 9. STANDARD OF PERFORMANCE.

Contractor represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Contractor shall perform all Services in accordance with generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Contractor under this Agreement.

SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

Contractor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this section.

SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Contractor that California prevailing wage laws 5-
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do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, construction" includeswork performedduring the design and preconstructionphases of constructionincluding, but not limitedto, inspectionand land surveyingwork.

SECTION 12. NONDISCRIMINATION.

SECTION 13. UNAUTHORIZED ALIENS.

SECTION 14. CONFLICTS OF INTEREST.
a) Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor' s performance of the Services. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
b) City understands and acknowledges that Contractor is, as of the date of execution of this Agreement, independently involved in the performance of non -related services for other governmental agencies and private parties. Contractor is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. c) City understands and acknowledges that Contractor will perform non - related services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section. 445
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered " voluntary" provided Contractor gives City notice of such court order or subpoena.
c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney' s fees, caused by or incurred as a result of Contractor' s conduct.

SECTION 16. INDEMNIFICATION.
a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Contractor' s services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (" Indemnified Parties") from and against any and all liability ( including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including reasonable attorneys' fees and rj
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costs, court costs, interest, defense costs, and expert witness fees) to the extent they arise out of any negligent or wrongful act, error or omission of Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor, in the performance of professional services under this Agreement. However, in no event shall the cost to defend charged to Contractor exceed Contractor' s proportionate percentage of fault. b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability ( including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys' fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of Contractor' s operations in connection with this Agreement or the operations of any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor.
c) Indemnification from Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Contractor fails to obtain such indemnity obligations from others as required herein, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section. d) City' s Negligence. The provisions of this section do not apply to claims occurring as a result of City' s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.

SECTION 17. INSURANCE.

Contractor agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit " B" " Insurance" and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Contractor agrees to provide City with copies of required policies upon request.

SECTION 18. ASSIGNMENT.

The expertise and experience of Contractor are material considerations for this sm
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Agreement. City has an interest in the qualificationsand capability of the persons and entities who will fulfill the duties and obligations imposed upon Contractor under this Agreement. In recognition of that interest, Contractor shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Contractor's duties or obligations under this Agreementwithout the prior written consent of the City.

SECTION 19. CONTINUITY OF PERSONNEL.

SECTION 20. TERMINATION OF AGREEMENT.
a) City may terminate this Agreement, with or without cause, at any time by giving thirty ( 30) days written notice of termination to Contractor. In the event such notice is given, Contractor shall cease immediately all work in progress. b) Contractor may terminate this Agreement for cause at any time upon thirty 30) days written notice of termination to City.
c) If either Contractor or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Contractor, or City may terminate this Agreement immediately upon written notice. d) Upon termination of this Agreement by either Contractor or City, all property belonging exclusively to City which is in Contractor' s possession shall be returned to City. Contractor shall furnish to City a final invoice for work performed and expenses incurred by Contractor, prepared as set forth in Section 4 " Compensation and Method of Payment" of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 " Compensation and Method of Payment" of this Agreement.

SECTION 21. DEFAULT.

In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty ( 30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the WE
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default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 " Termination of Agreement." Any failure on the part of the City to give notice of the Contractor' s default shall not be deemed to result in a waiver of the City's legal rights or any rights arising out of any provision of this Agreement.

SECTION 22. EXCUSABLE DELAYS.

SECTION 23. COOPERATION BY CITY.

SECTION 24. NOTICES.

To City: City of Eastvale
Attn: City Manager
12363 Limonite Ave., Suite 910
Eastvale, CA 91752
To Contractor: Fehr & Peers
Attn: Mr. Steven J. Brown
101 Pacifica, Suite 300
Irvine, CA 92618
s. brown@fehrandpeers. com
Notice shall be deemed effective on the date personally delivered or, if mailed, three ( 3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. AUTHORITY TO EXECUTE.

Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom 10-
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he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to execute this Agreement.

SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

SECTION 27. BINDING EFFECT.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

SECTION 28. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager' s contracting authority under Section 4. 06. 050 of the Eastvale Municipal Code. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. The City's City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City' s rights under this Agreement. All other amendments shall be approved by the City Council.

SECTION 29. WAIVER.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.

Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractorshall not constitute a waiver of any of the provisionsof this Agreement.

SECTION 30. LAW TO GOVERN; VENUE.

SECTION 32. ENTIRE AGREEMENT.

SECTION 33. SEVERABILITY.

SECTION 34. NONEXCLUSIVITY.

This Agreement shall not preclude the City from contracting with other persons for work that could be performed by Contractor under this Agreement or utilizing City employees to perform such work.

SECTION 35. CONFLICTING TERMS.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first -above written.

CITY OF EASTVALE
12-
451
ATTEST:

Marc Donohue
City Clerk

APPROVED AS TO FORM
Z
Chad W. Herrington
Assistant City Attorney

FEHR & PEERS
By: ;
Name: Steven J. Brown
Its: Senior Vice President
By:

Name: Marion Donnelly
Its: CFO/CorporateSecretary
NOTE: CONTRACTOR' S SIGNATURES SHALL BE DULY NOTARIZED, AND

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE

REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR

OTHER RULES OR REGULATIONS APPLICABLE TO
CONTRACTOR' S BUSINESS ENTITY. CORPORATIONS AND LLCS

MUST SUBMIT DOCUMENTATION SHOWING THAT THE INDIVIDUAL

SIGNING ON ITS BEHALF HAS THE AUTHORITY TO EXECUTE THIS CONTRACT.
13-
452
Corporate Secretary' s Certificate
1, Marion Donnelly, Secretary of Fehr & Peers, a corporation organized and existing under the laws of the State of California, herebycertify that the foregoingis a complete, true and correctcopyof resolutions of the Board of Directors of the Corporation, duly and regularly adopted by the Board of Directorsof the Corporation, duly and regularly adopted bythe Boardof Directors of the Corporation in all respectsas required by law and the bylaws of the Corporationon July 10, 2019 at a meeting at which a quorum of the Board of Directors of the Corporation was present and the requisite number of such directors voted in favor of said resolutions, or by unanimous consent in writing of all members of the Board of Directors of the Corporation to the adoption of said resolutions. further certify that the said resolutions are still in force and effect and have not been amended or revoked and do not exceed the objects or powers of the Corporation or the powers of its directors.

IN WITNESSWHEREOF, I have hereunto set my hand as Secretary of the Corporation, an affixed the corporate seal of the Corporation, on July 10, 2019.

Affix Corporate Seal Here:

Marion Donnelly ( signature), SECRETARY OF Fehr & Peers, A CORPORATION 453

UNANIMOUS WRITTEN CONSENT OF DIRECTORS OF

FEHR & PEERS
The undersigned, constituting all of the directors of the corporation, acting pursuant to the authorityof 307(b) of the CaliforniaGeneralCorporationLaw, herebyadoptthe followingrecitalsand resolution, effective on the date of the last signature hereof.

RESOLVED, that the President and each director of this corporation is authorized to execute anycontractbywhichthe corporationwouldperformservicesfor anyclient, andto bindthe corporation thereto by his or her signature alone."
BEITFURTHERRESOLVED, that any executedcopyof this Resolution, duly signedashereunder, shall constitute a Certificate of Corporate Resolution in the matters hereinabove recited.

Steven Brown
Ronald T. Milam
S rah randenberg
C-;
k, af\ __ C
n
Marion Donnelly
454
EXHIBIT " A"

SCOPE OF SERVICES & COMPENSATION
TASK ORDERS TO BE INSERTED HERE ONCE APPROVED. EACH TASK ORDER

MUST CONTAIN A SPECIFIC SCOPE OF SERVICE AND COMPENSATION INFORMATION FOR THOSE SERVICES.]
455
TASK ORDER 1

PEER REVIEW OF TRAFFIC IMPACT ANALYSIS FOR DEVELOPMENT OF THE

LEAL PROPERT
I. SCOPE OF SERVICES
Task 1 — Peer Review
As part of this task, Consultant will review the traffic study being completed for the proposed development of the Leal Property by the proposed developers. Consultant will specifically review the following key components of the study:

1. Technical Analysis — does the study follow the City' s traffic impacts study guidelines? Consultant will also spot- check the technical calculations to ensure that appropriate assumptions were incorporated into the analysis.

2. Consistency — is the study consistent with what is currently proposed for the project, how do the findings differ from the original Leal Master Plan traffic study, and is it consistent with the City' s General Plan direction?

3. VMT Assessment — how is VMT addressed in the study? Is VMT compared to the original VMT for the Leal Master Plan to ensure that the project' s VMT has already been accounted for in the environmental documentation?

4. Good Planning — does the study reflect the goals and values of the City of Eastvale? Is it consistent with the City' s complete streets implementation policies? This will include a review of the traffic assessment assumptions and any proposed roadway capacity improvements identified in the study.

Task 2 — Meeting
Fehr & Peers will attend one virtual meeting with the City to review the findings of our peer review. The goal of the meeting will be to coordinate with City staff on any final comments we include in any formal documentation.

Task 3 — Documentation
Task 3 will consist of developing a consolidated set of comments that will be documented in a brief memorandum that will be provided to the City for their records.

Dependingon the outcome of our peer reviewand/or the results of Task 2, this final task may or may not be needed.

A- 2
456
II. COMPENSATION
Consultant will conduct the scope of services described herein on a time and materials basis based on the fee estimates noted below.

Task No. Description Hours Fee
1 Peer Review 12 3, 200
2 Meeting 2 600
3 Documentation 4 1, 200
Total 18 5, 000
WAW
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EXHIBIT " B"

Contractor shall provide the following scope and limits of insurance:

1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Commercial General Liability. Insurance Services Office form Commercial General Liability coverage ( Occurrence Form CG 0001). 2) Automobile. Insurance Services Office form number CA 0001 ( Ed. 1/ 87) covering Automobile Liability, including code 1 " any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. 3) Workers' Compensation. Workers' Compensation insurance as required by the Labor Code of State of California covering all persons providing Services on behalf of the Contractor and all risks to such persons under this Agreement. 4) Professional Liability. Professional liability insurance appropriate to the Contractor' s profession. This coverage may be written on a " claims made" basis. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three 3) consecutive years following the completion of Contractor' s services or the termination of this Agreement. During this additional three ( 3) year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage.

2. Minimum Limits of Insurance. Contractor shall maintain limits of insurance no less than:
1) Commercial General Liability. $ 1, 000, 000 general
aggregate for bodily injury, personal injury and property damage. 2) Automobile. $ 1,000,000 per accident for bodily injury and property damage. A combined single limit policy with aggregate limits in an amount of 458
not less than $ 2,000, 000 shall be considered equivalent to the said required minimum limits set forth above.
3) Workers' Compensation. Workers' Compensation as
required by the Labor Code of the State of California of not less than $ 1,000, 000 per occurrence.
4) Professional Liability. $ 1,000, 000 per occurrence.

B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:

3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation MR
459
against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Contractor.

1. Contractor shall furnish certificates and endorsements from each subcontractor identical to those Contractor provides.

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 12.13
April 26, 2023
Second Reading of an Ordinance to Prohibit Unlawful Possession of Catalytic Converters
Prepared By:

Johnny Terfehr, Community Safety Director
Recommended Action(s)
Staﬀ recommends that the City Council approve the second reading and adopt the Catalytic Converter Unlawful Possession Ordinance.

Summary
Adop"ng the proposed ordinance will require anyone who is not a licensed recycler and who is found to be in possession of a catalytic converter to provide proof of ownership to law enforcement.

Background
Eastvale residents have and con"nue to experience cataly"c converter the's over the past several years. Currently, the City of Eastvale does not have a law to deﬁne and punish cataly"c converter the's absent an iden"ﬁable vic"m. Further, no law in Eastvale requires individuals to prove to law enforcement how they obtained a detached catalytic converter.

Cataly"c converter the's are on the rise because of the increasing value of the precious metals contained within and the ease with which criminals can remove the devices from the vehicles of unsuspec"ng residents. Cataly"c converters can be sold for as much as $1,200 each. Currently, law enforcement cannot seize a cataly"c converter found to be removed from a vehicle and in someone’s possession unless a vic"m can be iden"ﬁed. Unfortunately, loca"ng the vic"m without identifying information on the catalytic converter is often impossible. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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The residents of Eastvale and the Riverside County Sheriﬀ’s Department are in need of legisla"on criminalizing mere possession of catalytic converters absent proof of ownership or lawful possession, for mul"ple reasons including, but not limited to: (1) achieving deterrence by establishing zero- tolerance for cataly"c converter the's; (2) establishing sanc"ons for possessing stolen cataly"c converters; (3) preven"ng criminals from proﬁ"ng from the sale and recycling of stolen cataly"c converters; (4) providing indirect jus"ce to the vic"ms of cataly"c converter the'; and (5) minimizing the ﬁscal and personnel impact on the City of Eastvale and the Riverside County Sheriﬀ’s Department by reducing the time invested in deterring and investigating catalytic converter thefts.

Environmental
The proposed Ordinance is not a project as deﬁned by the California Environmental Quality Act (CEQA). As a result, no environmental review efforts are required.

Strategic Plan Action - Priority Level: N/A
| Target #: 1
| Goal #: 5
Identify and recommend tools necessary for optimal employee performance.

Fiscal Impact
The adoption of this ordinance will not have a financial impact on the City.

Prior City Council/Commission Action
The Public Safety Commission reviewed this item on March 28, 2023. There was consensus from the commissioners in support of this ordinance as an addi"onal tool for law enforcement to combat catalytic converter theft.

On April 12, 2023, the City Council approved the ﬁrst reading to adopt an ordinance prohibi"ng unlawful possession of catalytic converters.

Attachment(s)
Attachment 1 - Proposed Ordinance

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ORDINANCE NO. 23-XX

AN ORDINANCE OF THE CITY OF EASTVALE, ADDING CHAPTER

10.56 TO TITLE 10 OF THE EASTVALE MUNICIPAL CODE

ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL

POSSESSION OF CATALYTIC CONVERTERS IN THE CITY AND

FINDING THAT THIS ORDINANCE IS EXEMPT FROM REVIEW

UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the citizens of Eastvale have experienced catalytic converter thefts from automobiles over the past several years; and
WHEREAS, there is currently no City, State, or Federal legislation applicable within the City of Eastvale to define and punish catalytic converter thefts absent an identifiable victim; and WHEREAS, there is currently no City, State, or Federal legislation applicable within the City of Eastvale requiring individuals to provide proof to law enforcement as to how they obtained catalytic converters, thus limiting law enforcement's ability to (1) protect the public by preventing catalytic converter thefts and (2) seize suspected stolen catalytic converters when no victim is present; and
WHEREAS, catalytic converter thefts are on the rise because individuals are incentivized to commit catalytic converter thefts for multiple reasons including, but not limited to: (1) the ease and undetectable nature of committing such thefts, potentially in a matter of seconds and through the use of common tools such as a reciprocatingsaw; (2) the ability to recycle catalytic converters at scrap metal yards for high dollar returns ranging from $200 to $1,200 per catalytic converter; (3) loopholes in legislation protecting criminals from prosecution unless a victim can be identified; and (4) the increase in the value of precious metals; and
WHEREAS, preventing these crimes at present is nearly impossible due to the ease and speed with which catalytic converter thefts can be committed and the difficulty of tracing a particular catalytic converter back to its prior owner (the victim), because catalytic converters typically have no identifying markers; and
WHEREAS, the citizens of Eastvale and the Riverside County Sheriff’s Department are in need of legislation criminalizing mere possession of catalytic converters absent proof of ownership or lawful possession, for multiple reasons including, but not limited to:
(1) achieving deterrence by establishing zero-tolerance for catalytic converter thefts; (2) establishing sanctions for possessing stolen catalytic converters; (3) preventing criminals from profiting from the sale and recycling of stolen catalytic converters; (4) providing indirect justice to the victims of catalytic converter theft cases that have gone or will go 463
unsolved for the reasons discussed above; and (5) minimizing the fiscal and personnel impact on the City of Eastvale and the Riverside County Sheriff’s Department by reducing the time invested in deterring and investigating catalytic converter thefts; and WHEREAS, individuals who are in possession of stolen catalytic converters recycle them for substantial profit while victims of these thefts suffer tremendous consequences in the form of costly repairs, inconvenience, and feelings of a lack of safety in the community; and WHEREAS, this Ordinance is necessary to provide the City of Eastvale and the Eastvale Police Department clear legal authority to better protect the public and deter this criminal activity.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The above recitals are true and correct and incorporated herein. SECTION 2.

Chapter 10.56 (Unlawful Possession of a Catalytic Converter Prohibited) is hereby added to Title 10 of the Eastvale Municipal Code to read its entirety as follows:

Chapter 10.56 UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER PROHIBITED Sections:

10.56.010 Unlawful possession of a catalytic converter prohibited.

Except as otherwise provided in this chapter, it is unlawful for any person, other than a common carrier or a Core Recycler as defined in California Business and Professions Code Section 21610, to possess any used catalytic converter that is not attached to a vehicle, unless the possessor has valid documentation or other proof to verify that he or she is in lawful possession of the catalytic converter.

10.56.20 Definitions.

A. For purposes of this section, "lawful possession" includes (1) being the lawful owner of the catalytic converter, or (2) being in possession of the catalytic converter with the lawful owner's written consent. It is not required to prove the catalytic converter was stolen to establish the possession is not a "lawful possession."
B. For purposes of this section, "documentation or other proof' means written documentation that clearly identifies the vehicle from which the catalytic converter was removed, and includes, without limitation, the following types of documents:
464

1. Bill of sale from the previous owner with photographs.

2. Documentation from an automobile repair shop proving that the owner relinquished the catalytic converter to the shop.

3. Electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter, together with photographs.

10.56.30. Violations.
1 . Every violation of Section 10.56.010 is unlawful and a misdemeanor subject to punishment in accordance with Section 1.01.220 of this Code and constitutes a separate violation of this chapter.
2 . The punishments provided herein are not to be construed as exclusive remedies.

The City is authorized to pursue any proceedings or remedies provided by law." SECTION 3. This ordinance is not subject to review under the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines because there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment (14 Cal. Code Regs § 15061 (b)(3)).

SECTION 4. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 5. Certification. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Eastvale’ book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

SECTION 6. Effective Date. This Ordinance will take effect on the 30th day following its final passage and adoption.
465
PASSED, APPROVED AND ORDAINED this day of , 2023.

Todd Rigby
Mayor
APPROVED AS TO FORM: ATTEST:

Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk/Communications Director
466

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §

CITY OF EASTVALE )
I, Marc A. Donohue, City Clerk/Communications Director of the City of Eastvale, California, do hereby certify that the foregoing Ordinance No. 23-XX, was introduced at a regular meeting of the City Council of the City of Eastvale held on the 12 th day of April, 2023, and was passed by the City Council of the City of Eastvale at a regular meeting held on the 26 th day of April, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Marc A. Donohue, MMC
City Clerk/Communications Director
467

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 12.14
April 26, 2023
Contract Amendment with Griﬃn Structures for the Eastvale Civic Center
Prepared By:

Jimmy Chung, City Engineer; and, Gina Gibson Williams, Community Development /Public Works Director
Recommended Action(s)
Staﬀ recommends that the City Council a
uthorize the City Manager to execute a contract
amendment with Griﬃn Structures to bill on a ﬁxed fee basis as opposed to a )me and materials basis with no change in total not to exceed dollar amount.

Summary
Downtown Eastvale
On August 26, 2022, Phase I of the Downtown Eastvale Project, formerly known as the Leal Project, closed escrow and is now oﬃcially owned by The New Home Company. Phase I of Downtown Eastvale includes a City Hall, a library, a police sta)on, arts and cultural spaces, a park and an amphitheater. The area also includes 495,000 square feet of retail and commercial space, parks, and approximately 330 apartment homes and 437 single family homes.

Amended Leal Master Plan
Downtown Eastvale is a part of the Leal Master Plan Amendment approved by the City Council on May 11, 2022. Downtown Eastvale is a master planned project which includes the Civic Center, up to 2,500 homes, mixed use development and up to 595,000 square feet of retail/restaurant uses and a hotel. A Development Agreement outlining performance criteria for the developer and the City was also approved on the same date.

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Civic Center Campus
The Civic Center campus is a part of Downtown Eastvale. It consists of the following buildings:

City Hall,
Park &
Plaza
Max.
52,000
square feet,
park &
plaza
Library
Max.
25,000
square feet
Police
Station
Max.
24,000
square feet

Existing Griffin Contract
The original contract was approved in November of 2021. The contract was modiﬁed in October 2022 to eliminate the sub-consultant team and retain Griffin as Operating Manager.

Background
Role of Griffin
Under this contract Griﬃn Structures serves as Program Manager, for the Civic Center Project and the Owner’s (City's) Representa)ve from pre-design to occupancy. A program manager in a construc)on project has a cri)cal role in ensuring the successful delivery of the project. The program manager oversees the overall project and manages the various components to ensure that they meet the goals and objectives of the project.

Below are some specific roles and responsibilities of a program manager in a construction project:

1. Planning and Budge)ng: The program manager is responsible for crea)ng a comprehensive project plan and budget, which includes defining the scope, timeline, and cost of the project.

2. Project Administra)on: The program manager is responsible for overseeing the project's administrative tasks, including scheduling, progress reporting, and risk management.

3. Team Management: The program manager is responsible for managing the various project teams, including the architects, engineers, contractors, and subcontractors, to ensure that they are working towards the project's goals.

4. Quality Control: The program manager is responsible for ensuring that the project meets the quality standards set by the client and regulatory requirements.

5. Communica)on: The program manager is responsible for maintaining eﬀec)ve communica)on among all stakeholders of the project, including the client, project team, and other stakeholders.

6. Problem Solving: The program manager is responsible for iden)fying and resolving issues that arise during the project, including conflicts, delays, and unexpected expenses.

7. Contract Management: The program manager is responsible for managing the project's contracts, ensuring that they are properly executed, and that all parties are meeting their obligations.

Overall, the program manager is responsible for ensuring that the construc)on project is completed on time, within budget, and to the desired quality standards. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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Proposed Griffin Contract Amendment
The current Time and Materials / Not to Exceed contract is structured on the performance of services based on a ﬁxed scope of services and a limited number of hours calculated against a stated rate structure. As services are provided, costs are calculated by mul)plying the number hours spent performing those services against those set rates. Since the project is s)ll in the pre-design phase, deﬁning a ﬁxed scope of services is a challenge because it is dependent upon the prepara)on of construc)on drawings. This unknown could expose the City to delays and expansion of the scope beyond the original parameters. Staff recommends converting this contract to a Fixed Fee.

The benefits of this change are as follows:

*$0 dollar change in contract sum.
*The City will have the beneﬁt of receiving comprehensive services to address any project management needs, regardless of the hours spent for delivering those services. *The contract will mirror the project schedule of 43 months, which is consistent with the total project schedule proposed by the design team. The total remaining contract value will be invoiced in 43 equal installments corresponding with the established schedule. *Enforcement of a Fixed Fee agreement is measured against results, rather than a speciﬁc scope of services and hours spent.
*This amendment will provide for a 10% performance guarantee reten)on. This reten)on will only be released to the consultant at the comple)on of the project if the City in its sole discre)on scores the consultant with an “A” grade (100% release), “B” grade (80% release) or “C” grade (70% release).

Anything below a “C” grade results in $0 release.

The proposed amendment provides the City with greater versa)lity in determining the best scope and scale of the project, reduces the administra)on burden on staﬀ, and maximizes City control over the direction of the project.

Griﬃn Structure's ini)al contract was implemented well before the planning process for the 2022-23 ﬁscal year budget, costs associate with this contract were appropriated during the 2022-23 ﬁscal year budget process. In the 2022-23 budget City Council appropriated $3.1 million for the Civic Center project . As a result, adequate budget is available in the General Capital Projects fund for this contract amendment under account 600-500-6650-95011-0000.

Environmental
Approval of agreement is an administra)ve ac)vity and is exempt from the California Environmental Quality Act (CEQA) because it will not result in direct or indirect physical changes in the environment. Construc)on of the Civic Center site is covered under an Addendum to the Program Environmental Impact Report prepared for the Leal Master Plan Amendment which was adopted by the City Council on May 11, 2022.

Strategic Plan Action - Priority Level: 1
| Target #: 5
| Goal #: 1
The proposed contract contribute to the development of Downtown Eastvale, which can signiﬁcantly aPract businesses and retailers to establish their presence in the City and create a “Destination Eastvale” with high-quality and unique businesses Develop and Construct Civic Center; and Construct a Police Substation building. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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Fiscal Impact
Adequate budget is available under Capital Improvement Plan Project No. 95011 for the Civic Center in the General Capital Projects Fund under account 600-500-6650 for the Griffin contract revisions.

City Council ac)on on the Griﬃn Structure's contract does not trigger addi)onal Civic Center project costs at this time.

Prior City Council/Commission Action
Council authorized staﬀ to start the RFP process for an Owner Representa)ve/Program Manager and Bridging Architect on July 28, 2021.

In November 2021, the City Council approved a contract with Griﬃn Structures and sub-consultants, LPA (architects), Urban Arena (architects), and Circle Pointe (communica)ons) in the amount of $4,580,000 for outreach, design up to Design Development, and Construction Administration

City Council approved the Downtown Eastvale Master Plan Amendment (Leal Master Plan Amendment) project and the associated Development Agreement on May 11, 2022.

On October 12, 2022, the City Council authorized the City Manager to execute the First Amendment to the Agreement with Griﬃn Structures to reduce the Scope of Services, retaining Griﬃn as the Owner Representa)ve/Program Manager for the Civic Center project and elimina)ng sub- consultants, and reducing the total compensa)on amount to $1,845,353 and modifying the delivery method.

On November 30, 2022, the City Council held a workshop on the Civic Center Public Infrastructure Project and set the building sizes for the Civic Center Campus.

Attachment(s)
Attachment 1 - Griffin Agreement for Services - Original Contract

Attachment 2 - Griffin Contract Amendment 1

Attachment 3 - Griffin Contract 2nd Amendment

Attachment 4 - Griffin Revised Scope ASR 02 for Amendment 2

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AGREEMENT FOR SERVICES
CIVIC CENTER OWNER' S REPRESENTATIVE & BRIDGING ARCHITECT] ThisAgreementforServices ("Agreement") isenteredintoasofthisL day of November, 2021 by and between the City of Eastvale, a municipal corporation (" City") and Griffin Structures, Inc., a California corporation (" Contractor"). City and Contractor are sometimes hereinafter individually referred to as " Party" and hereinafter collectively referred to as the " Parties."

RECITALS
A. City has sought, by direct negotiation the performance of the services defined and described particularly in Section 2 of this Agreement.

B. Contractor, following submission of a proposal for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services.

SECTION 1. TERM OF AGREEMENT.

Subject to the provisions of Section 20 " Termination of Agreement" of this Agreement, the Term of this Agreement is for five ( 5) years commencing on the date first ascribed above.

SECTION 2. SCOPE OF SERVICES.

Contractor agrees to perform the services set forth in Exhibit " A" " Scope of Services" ( hereinafter, the " Services") and made a part of this Agreement by this reference.

SECTION 3. ADDITIONAL SERVICES.

Contractor shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 " Administration and Implementation" or Section 28 " Amendment" of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

RIV # 4895- 2048- 7681 vI
1111/ 21
472
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
a) Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in Exhibit " B" " Compensation" and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed four million five hundred eighty thousand dollars 4, 580, 000. 00), unless additional compensation is approved in writing in accordance with Section 26 " Administration and Implementation" or Section 28 " Amendment" of this Agreement.
b) Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor ( by sub -category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection ( a) and Exhibit " B" include payment of labor on an hourly basis ( as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection ( c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission.
c) Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will use its best efforts to cause Contractor to be paid within thirty ( 30) days of receipt of Contractor' s correct and undisputed invoice. d) Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Contractor' s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor' s work within sixty ( 60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Contractor' s work shall be deemed to have been accepted. City' s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Contractor's work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 " Indemnification" and Section 17 Insurance."
SECTION 6. OWNERSHIP OF DOCUMENTS.

All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or RIV # 4895- 2048- 7681 v 1 - 2 -
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discovered by Contractor in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement, Contractor' s guarantees and warranties in Section 9 " Standard of Performance" of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.

SECTION 7. CONTRACTOR' S BOOKS AND RECORDS.
a) Contractor shall maintain any and all documents and records demonstrating or relating to Contractor' s performance of the Services. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to the Services, including expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Agreement. Any and all such documents or records shall be maintained for three ( 3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. In accordance with California Government Code Section 8546. 7, if the total compensation in Section 4 exceeds ten thousand dollars 10, 000. 00), this Agreement and the Contractor' s books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed RIV # 4895- 2048- 7681 v 1 _ 3 _
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upon, such documents and records shall be made available at Contractor' s address indicated for receipt of notices in this Agreement.
c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Contractor's business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors - in -interest and authorized representatives.

SECTION 8. INDEPENDENT CONTRACTOR.
a) Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise.
b) The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor' s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Contractor or any of Contractor's personnel.

Contractor shall not at any time or in any manner represent that Contractor or any of Contractor's personnel are in any manner officials, officers, or employees of City. c) Neither Contractor, nor any of Contractor' s personnel shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Contractor expressly waives any claim Contractor, its officers, employees, agents or subcontractors, may have to any such rights. Contractor' s indemnity obligations in Section 16 " Indemnification" of this Agreement include the obligation to indemnify the City from and against any liability that may arise related to claims that Contractor, its officers, employees, agents or subcontractors, are entitled to retirement, health care or any other benefits that accrue to City employees. This provision shall survive the expiration or earlier termination of this Agreement.

SECTION 9. STANDARD OF PERFORMANCE.

Contractor represents that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a professional manner. Contractor shall at all times competently and to the best of its ability, experience, perform all Services. In meeting its obligations under this Agreement, Contractor shall employ generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Contractor under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit " A" " Scope of Work" that shall also be applicable to Contractor' s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

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SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

Contractor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this section.

SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Contractor that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, " construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.

SECTION 12. NONDISCRIMINATION.

SECTION 13. UNAUTHORIZED ALIENS.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U. S. C. A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered " voluntary" provided Contractor gives City notice of such court order or subpoena.
c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney' s fees, caused by or incurred as a result of Contractor' s conduct.

Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Contractor shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a RIV # 4895- 2048- 7681 vl - 6 -
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Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.

SECTION 16. INDEMNIFICATION.
a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Contractor' s services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (" Indemnified Parties") from and against any and all liability ( including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys' fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor, in the performance of professional services under this Agreement. b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability ( including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys' fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor.
c) Indemnification from Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Contractor fails to obtain such indemnity obligations from others as required herein, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section.
d) City' s Negligence. The provisions of this section do not apply to claims occurring as a result of City' s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.

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SECTION 17. INSURANCE.

Contractor agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit " C" " Insurance" and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Contractor agrees to provide City with copies -of required policies upon request.

SECTION 18. ASSIGNMENT.

The expertise and experience - of Contractor are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Contractor under this Agreement. In recognition of that interest, Contractor shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Contractor' s duties or obligations under this Agreement without the prior written consent of the City.

SECTION 19. CONTINUITY OF PERSONNEL.

Contractor shall furnish to City a final invoice for work performed and expenses incurred by Contractor, prepared as set forth in Section 4 "Compensation and Method of Payment" RIV # 4895- 2048- 7681 v1 _ 8 _
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of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 " Compensation and Method of Payment" of this Agreement.

SECTION 21. DEFAULT.

In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty ( 30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 " Termination of Agreement." Any failure on the part of the City to give notice of the Contractor' s default shall not be deemed to result in a waiver of the City's legal rights or any rights arising out of any provision of this Agreement.

SECTION 22. EXCUSABLE DELAYS.

SECTION 23. COOPERATION BY CITY.

SECTION 24. NOTICES.

To City: City of Eastvale
Attn: Bryan Jones, City Manager
12363 Limonite Ave., Suite 910
Eastvale, CA 91752
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To Contractor: Griffin Structures, Inc.

Attn: Roger Torriero, President
1 Technology Drive, Building I, Suite 829
Irvine, CA 92618
Notice shall be deemed effective on the date personally delivered or, if mailed, three ( 3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. AUTHORITY TO EXECUTE.

SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 "Amendment" and the City Manager's contracting authority under the Eastvale Municipal Code.

SECTION 27. BINDING EFFECT.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

SECTION 28. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if it does not exceed the amount that may be approved administratively pursuant to the Eastvale Municipal Code. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. The City' s City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City' s rights under this Agreement. All other amendments shall be approved by the City Council.

SECTION 29. WAIVER.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a RIV # 4895- 2048- 7681 v 1 _ 10 _
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waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work by Contractor shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 30. LAW TO GOVERN; VENUE.

SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.

SECTION 32. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits " A" through " C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Contractor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

SECTION 33. SEVERABILITY.

SECTION 34. CONFLICTING TERMS.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first -above written.

SIGNATURES ON FOLLOWING PAGE]
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ATTEST:

Marc onohue
City Clerk

APPROVED AS TO FORM
Erica Vega
City Attorney

CITY OF EASTVALE
GRIFFIN STRUCTURES, INC.

Ro er or ier
Pre 1 t EO
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EXHIBIT " A"

SCOPE OF SERVICES
Contractor shall perform the Services detailed in Section 2 ( Preliminary Project Approach) of the proposal submitted by Griffin Structures to the City dated September 30, 2021, which is incorporated herein by reference.

A- 1
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EXHIBIT " B"

COMPENSATION
The total compensation under this Agreement, including reimbursement for expenses, shall not exceed $ 4, 580, 000. Compensation to Contractor shall be in accordance with the Fee Proposal submitted by Contractor dated September 30, 2021, which is incorporated herein by reference.

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EXHIBIT " C"

Best' s rating of no less than A:VII.

Contractor shall provide the following scope and limits of insurance:

1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Commercial General Liability. Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). 2) Automobile. Insurance Services Office form number CA 0001 Ed. 1 /87) covering Automobile Liability, including code 1 " any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. 3) Workers' Compensation. Workers' Compensation insurance as required by the Labor Code of State of California covering all persons providing Services on behalf of the Contractor and all risks to such persons under this Agreement. 4) Professional Liability. Professional liability insurance appropriate to the Contractor' s profession. This coverage may be written on a " claims made" basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three ( 3) consecutive years following the completion of Contractor' s services or the termination of this Agreement. During this additional three ( 3) year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage.

2. Minimum Limits of Insurance. Contractor shall maintain limits of insurance no less than:
1) Commercial General Liability. $ 1,000, 000 general aggregate for bodily injury, personal injury and property damage. 2) Automobile. $ 1,000, 000 per accident for bodily injury and property damage. A combined single limit policy with aggregate limits in an amount of R1V # 4895- 2048- 7681 v 1
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not less than $ 2, 000, 000 shall be considered equivalent to the said required minimum limits set forth above.
3) Workers' Compensation. Workers' Compensation as required by the Labor Code of the State of California of not less than $ 1,000, 000 per occurrence. 4) Professional Liability. $ 1,000, 000 per occurrence.

B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:

1. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be cancelled by the insurer except after 30 days' prior written notice by mail has been given to City.

2. Commercial General Liability and Automobile Liability Coverages. 1) City, and its respective elected and appointed officers, officials, and employees are to be covered as additional insureds as respects: liability arising out of activities Contractor performs; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees.
2) Contractor' s insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees. Any insurance or self-insurance maintained by City, and its respective elected and appointed officers, officials, or employees, shall apply in excess of, and not contribute with, Contractor' s insurance.
3) Contractor' 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) Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, or employees.

3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials, and employees for losses arising from work performed by Contractor.

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C. Other Requirements. Contractor agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City may require that Contractor furnish City with copies of original endorsements effecting coverage required by this Exhibit " C". The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

1. Contractor shall furnish certificates and endorsements from each subcontractor identical to those Contractor provides.

2. Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects City or its respective elected or appointed officers, officials, and employees, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.

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First Amendment to Agreement for Services
[Civic Center Owner’s Representative & Bridging Architect]

This First Amendment to Agreement (“First Amendment ”) is entered into this 12th day of October, 2022 by and between the City of Eastval e, a California general law city (“City”), and Griffin Structures, Inc., a California corporation (“Contractor”), as follows:

RECITALS
A. City and Contractor entered in an agreement for Civic Center Owner’s Representative and Bridging Architect services on or about November 10, 2021 (“Agreement”).

B. The Agreement included services to be provided b y several subcontractors to Contractor, including but not limited to bridging architectural services.

C. City desires to reduce the scope of the Services to be provided under the Agreement so that City may separately contract with professional s of the City’s choosing as necessary and convenient.

OPERATIVE PROVISIONS

NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this First Amendment which modifies and amends the Agreement as follows:

1. AMENDMENTS.
a. Section 4(a) is amended to reduce the total compens ation not-to-exceed amount to One Million Eight Hundred Forty-Five Thou sand Three Hundred Fifty Three Dollars ($1,845,353.00).
b. Exhibit A to the Agreement is replaced in its entirety with the following:

Contractor shall perform the Services detailed in t he revised “Preliminary Project Approach” attached to the revised proposal submitted by Contractor to City on October 4, 2022, which is incorporated herein by reference. c. Exhibit B to the Agreement is replaced in its entirety with the following:

The total compensation under this Agreement, includ ing reimbursement for expenses, shall not exceed $1,845,353.00. Compensat ion to Contractor shall be in accordance with the revised cost proposal sub mitted by Contractor to City on October 4, 2022, which is incorporated herein by reference.

2. GENERAL PROVISIONS.
a. Remainder Unchanged . Except as specifically modified and amended in t his First Amendment, the Agreement remains in full force and effect and binding upon the parties. 490
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b. Integration . This First Amendment constitutes the entire unde rstanding and agreement of the parties and supersedes all negotia tions or previous agreements between the parties with respect to all or any part of the transaction discussed in this First Amendment. c. Effective Date . This First Amendment shall not become effective until the date it has been formally approved and executed by the appr opriate authorities of the City and Consultant.
d. Applicable Law . The laws of the State of California shall govern the interpretation and enforcement of this First Amendment. e. References . All references to the Agreement include all thei r respective terms and provisions. All defined terms utilized in this First Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment.

IN WITNESS WHEREOF , the parties hereto have executed this First Amendment to the Agreement on the date and year first written above.

CITY OF EASTVALE:

____________________________
Henry Garcia, Interim City Manager

APPROVED AS TO FORM:

____________________________
Erica L. Vega, City Attorney

ATTEST:

____________________________
Marc Donohue, City Clerk
491
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GRIFFIN STRUCTURES, INC.
___________________________
Roger Torriero, President & CEO

492
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Second Amendment to Agreement for Services
[Civic Center Owner’s Representative & Bridging Architect] This Second Amendment to Agreement (“First Amendment”) is entered into this 26th day of April, 2023 by and between the City of Eastvale, a California general law city (“City”), and Griffin Structures, Inc., a California corporation (“Contractor”), as follows:

RECITALS
A. City and Contractor entered in an agreement for Civic Center Owner’s Representative and Bridging Architect services on or about November 10, 2021 (“Agreement”).

B. The Agreement included services to be provided by several subcontractors to Contractor, including but not limited to bridging architectural services.

C. City desires to reduce the scope of the Services to be provided under the Agreement so that City may separately contract with professionals of the City’s choosing as necessary and convenient.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this First Amendment which modifies and amends the Agreement as follows:
a. Amendments
i. Exhibit B “Compensation” is amended to provide that total compensation shall not exceed $1,845,353.00 and compensation to Contractor shall be in accordance with the revised cost proposal submitted by Contractor to City on April 13, 2023, which is incorporated herein by reference.
b. General Provisions
i. Remainder Unchanged . Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the parties.
ii. Integration . This First Amendment constitutes the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this First Amendment. iii. Effective Date . This First Amendment shall not become effective until the date it has been formally approved and executed by the appropriate authorities of the City and Consultant.
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iv. Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this First Amendment. v. References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment.

IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above.

CITY OF EASTVALE:
____________________________
Mark Orme, City Manager
APPROVED AS TO FORM:
____________________________
Erica L. Vega, City Attorney
ATTEST:
____________________________
Marc Donohue, City Clerk
GRIFFIN STRUCTURES, INC.
___________________________
Roger Torriero, President & CEO
494

GRIFFIN STRUCTURES ASR 02 – CONVERSION TO FIXED FEE

CIVIC CENTER PROJECT

CITY OF EASTVALE
04/13/2023

This $0 cost ASR 02 converts the current T&M Not to Exceed Contract into a Fixed Fee Contract. Accordingly, the contract terms will be revised in the following manner:

Contract Balance Remaining as of April 30, 2023: $ 1,603,422 Remainder of Months in Contract (May 2023 thru Nov. 2026): 43 Monthly Fixed Fee: $ 37,289
Total Change $ 0

SCHEDULE & PHASING ANALYSIS
This ASR assumes the following milestone schedule:

Schematic Design: May 2023 through August 2023 (4 months) Design Development: September 2023 through January 2024 (5 months) Construction Documents: February 2024 through June 2024 (5 months) Permits and Bidding: July 2024 through November 2024 (5 months) Construction and Closeout: December 2024 through November 2026 (24 months)

INVOICING & PERFORMANCE GUARANTEE
All contract services will be invoiced in 43 equal increments of $37,289 per month for 43 months.

Griffin Structures, Inc. agrees that ten percent (10%) of Griffin Structures fixed base fee amount ($1,603,422) shall only be released to Griffin Structures, Inc. upon hundred percent (100%) completion of its scope of work (“Performance Retention”). Upon a determination by the City of Eastvale that the project is 100% complete, the City of Eastvale will determine it in its “sole” discretion what percentage of Performance 495

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Eastvale City CouncilApril 26, 2023

Eastvale City Council
April 26, 2023