Agenda packet — Eastvale City Council, September 13, 2023

REGULAR COUNCIL MEETING AGENDA
Eastvale City Hall Council Chambers
12363 Limonite Avenue, Suite 900, Eastvale, CA 91752
Wednesday, September 13, 2023
Regular Council Meeting:
6:30 PM

City Councilmembers
Todd Rigby, Mayor
Christian Dinco, Mayor Pro Tem
Clint Lorimore, Councilmember
Michael McMinn, Councilmember
Jocelyn Yow, Councilmember

Mark Orme, City Manager
Erica Vega, City Attorney
Marc Donohue, City Clerk/Communications Director
This Agenda contains a brief general descrip&on of each item to be considered. Except as otherwise provided by law, no ac&on or direc&on shall be taken on any item not appearing on the following Agenda. Unless legally privileged, all suppor&ng documents, including staﬀ reports, and any wri&ngs or documents provided to a majority of the City Council a-er the pos&ng of this agenda are available for review at Eastvale City Hall, 12363 Limonite Avenue, Eastvale, CA 91752 or you may contact the City Clerk’s Oﬃce, at (951) 361-0900 Monday through Thursday from 7:30 a.m. to 5:30 p.m. and available online at www.eastvaleca.gov
.

Members of the public can observe the mee&ng by viewing the live-stream at www.eastvaleca.gov
and may provide public
comment by sending comments to the City Clerk's Oﬃce by email at [email protected]
. Staﬀ will monitor emails to the
extent possible during the mee&ng and provide comments as possible. All comments will be made part of the record. Comments will then be read into the record, with a maximum allowance of 3 minutes per individual comment, subject to the Mayor’s discre&on to reduce &me on public comment. All comments should be a maximum of 500 words, which corresponds to approximately 3 minutes of speaking &me. If a comment is received before the agenda item is heard but before the close of the mee&ng, the comment will all be included as a part of the record of the meeting but will not be read into the record.

In compliance with the Americans with Disabili&es Act, if you need special assistance to par&cipate in this mee&ng, you should contact the City Clerk’s Office at (951) 361-0900.

Regular mee&ngs are recorded and made available on the City’s website at www.eastvaleca.gov
. Mee&ng recordings are uploaded
to the City’s website within 24 hours (unless otherwise noted) after the completion of the meeting. 1 1.

CALL TO ORDER

2. ROLL CALL

3. CLOSED SESSION PUBLIC COMMENT

Any member of the public may address the Council on items within the Council’s subject maer jurisdicon, but which are not listed on this agenda during PUBLIC COMMENTS. However, no acon may be taken on maers that are not part of the posted agenda. We request comments made on the agenda be made at the me the item is considered and that comments be limited to three minutes per person with a maximum of six minutes (me may be donated by one person). Please address your comments to the Council and do not engaged in dialogue with individual Council Members, City staﬀ, or members of the audience. Blue speaker forms are available at the front table to the entrance of Council Chambers.

4. CLOSED SESSION ITEM(S)

5. INVOCATION

6. PLEDGE OF ALLEGIANCE

7. ADDITIONS/REVISIONS

The City Council may only add an item to the Agenda a2er making a ﬁnding that there is a need to take immediate acon on the item and that the item came to the aenon of the agency subsequent to the posng of the agenda. An acon adding an item to the agenda requires 2/3 vote of the Council. If there is less than 2/3 of the Council members present, adding an item to the agenda requires a unanimous vote. Added items will be placed for discussion at the end of each section unless otherwise noted.

8. PRESENTATIONS/ANNOUNCEMENTS

8.1. National Disaster Preparedness Month Proclamation

8.2. Human Resources Professionals Day Proclamation

8.3. California Native American Day Proclamation

8.4. Introduction of New City Employees - Caleb Zaldana, Management Assistant

9. AGENCY PARTNER UPDATES

10. PUBLIC COMMENT

Any member of the public may address the Council on items within the Council’s subject maer jurisdicon, but which are not listed on this agenda during PUBLIC COMMENTS. However, no acon may be taken on maers that are not part of the posted agenda. We request comments made on the agenda be made at the me the item is considered and that comments be limited to three minutes per person with a maximum of six minutes (me may be donated by one person). Please address your comments to the Council and do not engaged in dialogue with individual Councilmembers, City staﬀ, or members of the audience. Blue speaker forms are available at the front table to the entrance of Council Chambers.

2 11.

CONSENT CALENDAR

Consent Calendar items are normally enacted in one moon. The Mayor or City Council may remove a Consent Calendar item for separate acon. If a member of the public would like to speak on a Consent Calendar item, please complete a blue “Public Comment Form” and submit to the City Clerk prior to the item.

11.1. City Council Meeting Minutes

Submitted by: Marc Donohue

RECOMMENDED ACTION(S):

Staff recommends that the City Council approve the City Council meeting minutes from the regular meeting on August 23, 2023.

11.2. Approval of Development Impact Fee Study Professional Services Contract with NBS Financial Services

Submitted by: Amanda Wells, Finance Director/City Treasurer

RECOMMENDED ACTION(S):

Staff recommends that the City Council:

1 .

Approve the Professional Services Agreement with NBS Financial Services for Development Impact Fee Study Services the amount of $65,000; and 2 .

Authorize the City Manager to execute all necessary documents.

11.3. Construction Contract Award to Crosstown Electrical & Data, Inc. and, Task Order No. 1 Approval to Dudek for Construction Management of the Traffic Signal Advanced Dilemma Zone Detection and Mitigation Project

Submitted by: Jimmy Chung, Public Works Director/City Engineer

RECOMMENDED ACTION(S):

Staff recommends that the City Council:
1 .

Award the Construction Contract to
Crosstown Electrical & Data, Inc.
, the lowest
responsive and responsible bidder, in accordance with unit bid prices in the amount of $
869,686
plus a 10% contingency of $86,969 for a total amount of $956,655; and
2 .

Approve the Task Order No. 1 in the amount of $99,600 with Dudek for Construction Management and Inspection Services; and
3 .

Approve and Adopt Resolution 23-XX Amending the 2023-24 Fiscal Year Capital Improvement Budget for project 92017 "Traffic Signal Advanced Dilemma Zone Detection and Mitigation Project"; and
4 .

Authorize the City Manager to execute all necessary documents including the Notice of Completion.

11.4. Approval of Purchase Order for Urban Futures, Inc. for Economic Development Outreach Support Services

Submitted by: Alexander Fung, Economic Development Manager

3 RECOMMENDED ACTION(S):

Staff recommends that the City Council:
1 .

Approve an agreement with Urban Futures, Inc. (UFI) in an amount not-to-exceed $9,000.00 for economic development outreach support services; and 2 .

Authorize the City Manager to execute the necessary documents.

11.5. Repeal of the Resolution of Intention to Establish City of Eastvale Community Facilities District No. 2023-01 (Limonite)

Submitted by: Jimmy Chung, Director of Public Works/City Engineer

RECOMMENDED ACTION(S):

Staff recommends that the City Council approve and adopt Resolution No. 23-XX, A Resolution of the City Council of the City of Eastvale, California, repealing the Resolution of Intention to Establish City of Eastvale Community Facilities District No 2023-01 (Limonite).

11.6. Dissolution of Eastvale Community Foundation

Submitted by: Erica L. Vega, City Attorney

RECOMMENDED ACTION(S):

It is recommended that the City Council take the following actions:

1 .

Appoint the Eastvale City Council as the Board of Directors of the Eastvale Community Foundation.
2 .

Appoint the City Manager as the Executive Director of the Eastvale Community Foundation.
3 .

Appoint the City Clerk as the Secretary of the Eastvale Community Foundation. 4 .

Direct the City Manager to call a meeting of the Board of Directors of the Eastvale Community Foundation for the purpose of dissolving the Foundation and winding up its affairs.

11.7. Adoption of a Resolution Accepting Easements for Limonite Gap Closure Project

Submitted by: Jimmy Chung, Public Works Director/City Engineer

RECOMMENDED ACTION(S):

Staff recommends that the City Council adopt Resolution 23-XX, authorizing the City Manager to accept easements needed for the Limonite Gap Closure Project pursuant to Government Code Section 27281.

11.8. Support for the Brightline West High-Speed Rail Project

Submitted by: Stephanie Vasquez, Assistant to the City Manager

RECOMMENDED ACTION(S):

Staff recommends that the City Council approve a Resoluti on Supporting Brightline West
and the Nevada Department of Transportation’s Federal-State Partnership for Intercity Passenger Rail Grant Application to the United States Department of Transportation

4 11.9.

Second Contract Amendment with Geocon West Inc. for the Eastvale Civic Center

Submitted by: Jimmy Chung, City Engineer/Public Works Director

RECOMMENDED ACTION(S):

Staff recommends that the City Council a
uthorize the City Manager to execute a contract
amendment with Geocon to provide additional geotechnical services for an additional amount of $12,300 for a total not to exceed amount of $45,325.

12. PUBLIC HEARINGS

The public is encouraged to express your views on any maer set for public hearing. It is our procedure to ﬁrst receive the staﬀ report, then to ask for public tesmony, ﬁrst from those in favor of the project followed by tesmony from those in opposion to it, and if there is opposion, to allow those in favor, rebual tesmony only as to the points brought up in opposion. To tesfy on the maer, you need to simply come forward to the speaker’s podium at the appropriate me, give your name and address and make your statement. A2er a hearing is closed, you may not further speak on the maer unless requested to do so or are asked quesons by the Mayor or a Councilmember. Public comment is limited to three (3) minutes each with a maximum of six (6) minutes (time may be donated by one speaker.)

13. CITY COUNCIL BUSINESS

13.1. Introductory Classification & Compensation Study Presentation and Selection of Comparator Agencies

Submitted by: Maricela Mejia, Deputy Human Resources & Risk Management Director

RECOMMENDED ACTION(S):

Staff recommends that the City Council:
1 .

Receive and file Classification & Compensation Study Introductory Presentation by Public Sector Personnel Consultants; and
2 .

Provide direction to staff on the selection of comparator agencies for the Classification & Compensation Study

13.2. Parking Options at Civic Center

Submitted by: Jimmy Chung, Public Works Director/City Engineer

RECOMMENDED ACTION(S):

Council discussion of Civic Center and downtown parking needs.

14. CITY MANAGER/CITY STAFF REPORT

15. CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS

16. ADJOURNMENT

The next regular mee&ng of the Eastvale City Council is scheduled for Wednesday, September

5 27, at 6:30 p.m. at Eastvale City Hall Council Chambers, 12363 Limonite Avenue, Suite 900, Eastvale, CA 91752.

17. AFFIDAVIT OF POSTING

I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing Agenda was posted at the following locations: City Hall, 12363 Limonite Avenue, Suite 910 and website of the City of Eastvale (
www.eastvaleca.gov
,) not less than 72 hours
prior to the meeting.

______________________________________________________
Marc A. Donohue, MMC
City Clerk

6 Eastvale City Council Meeting Minutes
August 23, 2023 Page - 1

MINUTES

CITY OF EASTVALE

CITY COUNCIL REGULAR MEETING
Wednesday, August 23, 2023
Regular Meeting: 6:30 PM

City Hall Council Chambers
12363 Limonite Avenue, Suite 900
Eastvale, CA 91752

1. CALL TO ORDER

The regular meeting of the Eastvale City Council was called to order at 6:30 P.M. by Mayor Rigby.

2. ROLL CALL

Present: Councilmembers Lorimore, McMinn, Yow, Mayor Pro Tem Dinco, and Mayor Rigby.

Absent:

City Staff

Present: City Manager Orme, City Attorney Vega, and City Clerk/Communications Director Donohue were present at Roll Call. Other staff members were present.

3. CLOSED SESSION PUBLIC COMMENT – None

4. CLOSED SESSION ITEM(S) – None

5. INVOCATION

Mayor Rigby offered the invocation.

6. PLEDGE OF ALLEGIANCE

Councilmember Lorimore led the Pledge of Allegiance.

7. ADDITIONS/REVISIONS – None

7 Eastvale City Council Meeting Minutes
August 23, 2023 Page - 2

8. PRESENTATIONS/ANNOUNCEMENTS

8.1 Recognition of WRO (World Robot Olympiad) National Final Winners

Mayor Rigby presented the winners with a Certificate of Recognition and thanked them for representing the City of Eastvale during their international competition in Panama.

8.2 Introduction of New City Employees - Whitney Mayo, Deputy City Clerk, Lea Perez, Administrative Specialist, and Emily Trujillo, Communications Specialist

City Manager Orme introduced new city staff members.

9. AGENCY PARTNER UPDATES

9.1 Eastvale Library Update

Nina Taylor provided the Eastvale Library update.

10. PUBLIC COMMENT – None

11. CONSENT CALENDAR

On motion of Councilmember Lorimore and seconded by Mayor Pro Tem Dinco, the City Council unanimously voted to approve the Consent Calendar.

11.1 City Council Meeting Minutes

The City Council approved the City Council meeting minutes from the regular meeting on July 26, 2023.

11.2 Treasurer’s Report: July 2023

The City Council received and filed the Treasurer's Report.

11.3 Planning Department Update

The City Council received and filed the Planning Department Update.

11.4 Public Works Department Update

The City Council received and filed the Public Works Department Update.

8 Eastvale City Council Meeting Minutes
August 23, 2023 Page - 3

11.5 City of Eastvale Crime Statistics - June 2023

The City Council received and filed the Eastvale Crime Statistics for June 2023.

11.6 Purchase of Police Motorcycle and Annual Maintenance Purchase Order with BMW

The City Council:

1. Approved an annual purchase order with BMW Motorcycle of Riverside in the amount of $45,000 for maintenance, repair, and regular service for seven BMW police motorcycles for fiscal year 2023-24; and

2. Approved a purchase order with BMW Motorcycle of Riverside in the amount of amount not to exceed $33,000 for one 2023 BMW R 1250 RT-P motorcycle, or equivalent, for the Police Department; and

3. Authorized the Finance Director to surplus the 2015 BMW RT - 1200 (VIN #WB10A1309FZ193507) pursuant to Eastvale Municipal Code section

4.06.110(b); and

4. Authorized the City Manager to execute any necessary purchase orders and agreements.

11.7 Approval of Task Order No. 2 with Onward Engineering for Inspection Services for Various Projects

The City Council Approved Task Order No. 2 in the amount of $150,000 for an on-call consulting contract with Onward Engineering for Inspection services for various projects for Fiscal Year 2023-24.

11.8 City of Eastvale’s Leadership Academy

The City Council received and filed an update on the City of Eastvale's Leadership Academy program.

11.9 Approval of the Right-of-Entry Agreement with New Home for Civic Center

The City Council Approved the Entry Permit and Indemnity Agreement with Arroyo and the New Home Company; and Authorized the City Manager to execute any necessary documents to complete this transaction.

11.10 Approval of First Amendment to the Professional Services Agreement with Engineering Resources of Southern California, Inc. (ERSC) for Utilities Design Services for Modular Offices at Citrus Property and Utilities Studies Project

9 Eastvale City Council Meeting Minutes
August 23, 2023 Page - 4

The City Council approved the First Amendment to the Professional Services Agreement with Engineering Resources of Southern California, Inc. (ERSC) for Utilities Design Services for the Modular Buildings increasing the contract by $22,910.00.

11.11 Approval of Month-to-Month Contract with City Wide for the Janitorial Services at City Hall and Citrus House

The City Council:

1. Approved a month-to-month contract with City Wide for Janitorial Services at City Hall and Citrus House; and

2. Adopted Resolution 23-38 Amending the Fiscal Year 2023-24 Budget by $12,000; and

3. Determined compliance with the formal bidding process is not in the best interest of the City and authorized staff to utilize the informal competitive bidding process for janitorial services; and

4. Authorized the City Manager to execute all necessary documents.

11.12 Proposed Extension of the Service Fee Collected on behalf of the Riverside County Abandoned Vehicle Abatement Service Authority until May 2034

The City Council adopted a Resolution Authorizing the Extension of the Service Fee Collected on behalf of the Riverside County Abandoned Vehicle Abatement Service Authority until May 2034.

12. PUBLIC HEARINGS – None

13. CITY COUNCIL BUSINESS

13.1 Approval of Professional Services Agreement with Public Sector Personnel Consultants for Classification & Compensation Study Services & Formation of a Classification & Compensation Ad-Hoc Committee

Human Resources/Risk Management Director Maricela Mejia presented a PowerPoint presentation and answered related questions.

Mayor Rigby opened the public comment period. Hearing no response, Mayor Rigby closed the public comment period.

On motion by Councilmember Lorimore and seconded by Mayor Pro Tem Dinco, the City Council voted unanimously to:

1. Authorize the City Manager to execute a Professional Services Agreement with Public Sector Personnel Consultants in the amount of $65,000.00 for Classification & Compensation Study services; and
10 Eastvale City Council Meeting Minutes
August 23, 2023 Page - 5

2. Authorize the formation of a Classification & Compensation Ad-Hoc Committee composed of two Councilmembers.

13.2 Strategic Plan Update

Assistant to City Manager Orme Stephanie Vasquez provided a PowerPoint presentation and answered related questions.

13.3 Community Services Update

Community Services Manager Enswins Codero provided a PowerPoint presentation and answered related questions.

14. CITY MANAGER/CITY STAFF REPORT

City Manager Orme provided an update on upcoming City events.

15. CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS

15.1 League of California Cities
Councilmember Lorimore provided a report.

15.2 Southern California Association of Governments
Councilmember Lorimore provided a report.

15.3 Western Riverside Council of Governments
No report was provided.

15.4 Riverside Transit Agency
No report was provided.

15.5 Northwest Mosquito and Vector Control District
Councilmember Lorimore provided a report.

15.6 Riverside County Transportation Commission
Councilmember Lorimore provided a report.

15.7 Western Riverside County Regional Conservation Authority No report was provided.

15.8 Finance Committee
11 Eastvale City Council Meeting Minutes
August 23, 2023 Page - 6

No report was provided.

15.9 Eastvale Schools Committee
No report was provided.

15.10 Business and Development Success Ad-Hoc Committee Mayor Rigby provided a report.

15.11 Eastvale Legislative Ad-Hoc Committee
No report was provided.

15.12 Eastvale Community Services Ad-Hoc Committee
No report was provided.

15.13 City Council Communications
The City Council provided comments.

ADJOURNMENT – Mayor Rigby adjourned the regular meeting at 8:05 P.M. The next regular meeting of the Eastvale City Council is scheduled for Wednesday, September 13, 2023, at 6:30 P.M.

Marc A. Donohue, MMC
City Clerk/Communications Director

12 AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.2
September 13, 2023
Approval of Development Impact Fee Study Professional Services Contract with NBS Financial Services
Prepared By:

Amanda Wells, Finance Director/City Treasurer
Recommended Action(s)
Staff recommends that the City Council:

1 .

Approve the Professional Services Agreement with NBS Financial Services for Development Impact Fee Study Services the amount of $65,000; and
2 .

Authorize the City Manager to execute all necessary documents.

Summary
The City's current Development Impact Fee Schedules are based on a fee study that was completed and adopted in 2012; NBS was the ﬁrm that completed the study. A Development Impact Fee is an amount charged on private development within the city to oﬀset future public infrastructure impacts. The City last adopted development impact fees in the fall of 2012. The City retained NBS Financial Services to ini3ate a citywide review of future public infrastructure and calculate adequate fees related to development. As a result, current development impact fees were adopted by the Council based on projected public infrastructure projects as of 2012. Since the adop3on of Ordinance 2012-02, development impact fees have not been adjusted.

The development impact fee study iden3ﬁes oﬀ-site capital facili3es needed to serve new development within the community and seeks to have development pay the pro-rata share of facility costs. The intent is to have growth pay for itself and reduce the burden to the community by reducing their alloca3on of exis3ng resources to new development. The study will iden3fy new 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
13 construc3on and/or expansion of facili3es due to development, development impact fees cannot be u3lized to recover costs for exis3ng infrastructure shortages nor fund opera3ons or maintenance of capital assets.

The update to the City's development impact fees is in line with the California Government Code 6600-66025, which includes the latest legisla3ve changes to the Mi3ga3on Fee Act enacted by Senate Bill 602 (2021). The development impact fee study and nexus study will ensure that the City maintains industry best prac3ces with regard to ﬁnancial planning and capital infrastructure provision.

Background
Development Impact Fees
Development impact fees are one-3me charges imposed as a condi3on of development approval to pay for capital facili3es and infrastructure needed to serve new development. Impact fees are governed by the California Mi3ga3on Fee Act (Government Code Sec3on 66000 et seq.) and by cons3tu3onal case law. Charges imposed as a condi3on of property development, including impact fees, are not subject to Proposition 218 or Proposition 26.

Laws governing impact fees, including both court decisions and the California Mi3ga3on Fee Act require that local agencies imposing fees as a condi3on of development approval demonstrate that there is a reasonable rela3onship or “nexus” between those fees and the impact of a development project on facilities to be funded by the fees.

The required nexus as enunciated in leading court decisions can be thought of as having three elements:

The City must show that development creates a need for the facili3es to be funded by the impact fees;
The City must show that development derives a beneﬁt from the provision of facili3es to be funded by the impact fees, and:

The City must show that the fees charged to a development project are propor3onal to the impact of that project on facilities to be funded by the impact fees.

The “reasonable rela3onship” requirements contained in Sec3on 66001 of the California Mi3ga3on Fee Act address essentially the same elements using different language.

There are several industry standard methods available to calculate impact fees for a par3cular type of facility. For this Study, the choice of an appropriate method is impacted by recent changes in legisla3on. In September of 2021, the California Legislature passed Assembly Bill (AB) 602 and the Governor signed it into law. AB 602 creates many new requirements for impact fees that are eﬀec3ve in 2022. The two most impacEul requirements aﬀec3ng our proposed approach to this study are:

When applicable, the nexus study shall iden3fy the exis3ng level of service for each public facility, iden3fy the proposed new level of service and explain why the new level of service is appropriate.

A nexus study adopted aFer July 1, 2022, shall calculate a fee imposed on a housing development project propor3onately to the square footage of the proposed units of the development.
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
14 Professional Services Negotiations & Scope of Work
The City direct nego3ated with NBS Financial Services in August 2023. NBS was chosen due to their familiarity with the city's current development impact fee structure and an ongoing rela3onship for Special Assessment District administra3on. NBS completed the last development impact fee and nexus study adopted by the City Council in 2013.

Types of fees included in study:

Transportation
Fire
General Public Facilities
Park Facilities, includes review of Quimby and Impact Fees Optional Mira Loma Area Road and Bridge Benefit District (RBBD) Fees

The project is expected to include the following work plan components:

Project Kickoff
Compile Development Data
Facility Needs Analysis
Impact Fee Analysis
Fee Comparison
Draft and Final Study Results
Implementation Procedures

The components are expected to be completed within four to six months, from project kickoﬀ to ﬁnal report document; implementa3on procedures are expected to require approximately two to three months. The schedule is expected to be ﬁnalized aFer contract approval. The schedule assumes staff's ability to provide NBS with materials in a timely fashion.

Environmental
Not Applicable.

Strategic Plan Action - Priority Level: 3
| Target #: C
| Goal #: H
Ensure revenues align with expenditures.

Fiscal Impact
The contract is for a not-to-exceed amount of $65,000; contract is $59,640 plus $5,360 in contingency. Funds are budgeted and available in General Fund account number 100-210-6490.

Prior City Council/Commission Action
The current Nexus Study and fees were adopted by Council on April 25, 2012.

Attachment(s)
Attachment 1 - Professional Services Agreement

Attachment 2 - NBS Proposal

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
15 - 1 -

AGREEMENT FOR SERVICES
Development Impact Fee Study Services

This Agreement for Services (“Agreement”) is entered into as of this 13th day of September, 2023 by and between the City of Eastvale, a municipal corporation (“City”) and NBS Government Finance Group, a California Stock 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.

C. The Parties desire to formalize the selection of Contractor for performance of those services def ined 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 Ter m of this Agreement is two (2) years commencing on the date first ascribed above.

SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) 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.
(b) Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” 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 in connection with its 16 - 2 -

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.

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 sixty-five thousand dollars ($65,000) 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 Se ction 17 17 - 3 -

“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 prov iding 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.

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.

(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspectio n, 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 reco rds 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 suc h 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, 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 or agents, shall obtain any rights t o retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

SECTION 9. STANDARD OF PERFORMANCE.

Contractor represents and warrants that it has the quali fications, 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, experienc e 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 Exhibit “A” “Scope of Work” that shall also be applicable to Contractor’s work under this Agreement. Where 19 - 5 -

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 al l 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.

Contractor shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the perfor mance 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 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 agre es 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.

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.

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 supp ort, 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 reim bursement 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.

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.

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 threaten ed, 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 off icers, agents, employees or sub contractors 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 an y 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 off icers, 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 beha lf 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 sol e negligence. The provisions of this section shall not 22 - 8 -

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 “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.

Any attempted assignment shall be ineffective, null and void, a nd 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 sub contractors, 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. 23 - 9 -

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 default is cured, proceed with payment on the invoices. In the alter native, 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 “Termi nation 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: Finance Dept/Amanda Wells Finance Director
12363 Limonite Ave., Suite 910
24 - 10 -

Eastvale, CA 91752
To Contractor: NBS Government Finance
Attn: Michael Rentner, President & CEO
32605 Temecula Parkway, Suite 100
Temecula, CA 92592

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 the Eastvale Municipal Code. The Parties agree that the requirement for writt en 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 25 - 11 -

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 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 even t 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, incl uding 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 int o 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).

SECTION 34. CONFLICTING TERMS.

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.

CITY OF EASTVALE
26 - 12 -

___________________________
Marc Orme
City Manager
ATTEST:
___________________________
Marc Donohue
City Clerk

APPROVED AS TO FORM
_______________________________
Erica Vega
City Attorney

NBS GOVERNMENT FINANCE GROUP
___________________________
Michael Rentner
President & CEO

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.
27 EXHIBIT "A"

SCOPE OF SERVICES

Contractor shall incorporate the following types of fees into the Study:
• Transportation
• Fire
• General Public Facilities
• Park Facilities, to include review of Quimby and Impact Fees • Optional evaluation of impact fees for the Mira Loma Area Road and Bridge Benefit District Fees (RBBD)

The scope assumes that all impact fees included in the primary (not optional) scope of work will be for a single, Citywide service area. The specific scope of services offered in this proposal is defined by the tasks described in the proposed work plan that follows.

That scope excludes legal, engineering, architectural, cost estimating and appraisal services.

The following tasks comprise the detailed work plan for this Impact Fee Study. These tasks represent the typical requirements of an Impact Fee Study and may be adjusted to meet the needs of this project.

TASK 1. KICKOFF MEETING/PROJECT INITIATION
Convene a kickoff meeting with key City staff and carry out other activities required to initiate the Study, including:
• Discuss the goals, work plan and schedule for the project. • Establish coordination, communication and reporting procedures. • Conduct initial interviews with key City staff members. • Evaluate available information resources.
• Assess the City’s development patterns and growth potential.

TASK 2. COMPILE DATA ON EXISTING AND FUTURE DEVELOPMENT Collect, review and analyze data on existing and future development in the City and compile it in a form useful for this Study. Steps in that process may include:
• Establish boundaries of the Study area to be used in the analysis (e.g., existing City vs. sphere of influence).
• Establish the planning horizon for future development to be addressed in this Study (for example, Buildout or 20-year horizon).
• Define the breakdown of development types/land use categories for which impact fees will be calculated.
• Analyze available land use data to establish a baseline of existing development and a forecast of future development by land use type.
• Specify demand factors that will be used to represent the impact of development in the impact fee model.
28 • Prepare development data tables to incorporate into the fee calculation model and the Study report.

TASK 3. FACILITY NEEDS ANALYSIS
Review data pertaining to existing asset inventory and replacement costs as needed.

Steps in that process will include the following:
• Review adopted level -of-service standards and actual service levels for relevant facility types.
• Work with City staff to identify the operative level-of-service standard to be used in the impact fee analysis for each facility type.
• Identify any existing deficiencies or available capacity relative to the selected level-of-service standard for each type of facility.
• Project the additional service demand that will be created by new development, based on selected service levels.
• Translate service demand into facility needs by facility type. • Compile cost estimates for relevant facilities and other assets. • Identify costs eligible for impact fee funding.

TASK 4. IMPACT FEE ANALYSIS
Using the information developed in Tasks 2 and 3, conduct the impact fee analysis and build a spreadsheet model to calculate impact fees by development type for each facility addressed in the Study. Steps include:
• Construct a spreadsheet fee calculation model incorporating data on existing and future development, demand factors and eligible facility costs. • Specify formulas in the model to allocate facility costs in proportion to the impact of new development by land use type.
• Calculate a cost per unit of service for each facility type. • Convert the cost per unit of service into a schedule of impact fees per unit of development, by development type.
• Project potential revenue from the proposed fee.

TASK 5. FEE COMPARISON
Compare similar impact fees in up to five (5) neighboring and comparable communities.

A list of communities will be selected and approved by City staff. We will download their respective fee schedules and supporting studies from the Internet. If schedules and supporting studies are not available on the Internet, we will make a reasonable a ttempt to contact the agency to obtain that information. We will then compile a comparison of the fee categories and amounts, for the most readily comparable fee items that match the City’s existing and proposed impact fees.

TASK 6. DRAFT AND FINAL STUDY REPORTS
The Impact Fee Study report will explain the data, methodology, formulas and assumptions used in the fee calculations and document the nexus between the proposed fees and the impacts of development for each type of impact fee calculated in the Study.

The report will also propose findings to satisfy the requirements of the Mitigation Fee Act 29 regarding the purpose of the fees, the use of the fees, and the reasonable relationship between the fees and development.

As the Study progresses, we will submit preliminary drafts of portions of the Study report for review and comment by City staff. Once all sections are in draft form, an administrative draft of the entire Study report incorporating any previous staff comments will be submitted and reviewed wit h City staff. Then a final draft document will be prepared for the City Council and public review. If necessary, additional changes will be incorporated into the final Study report.

The report will include the following components:
• Executive Summary including summary impact fee tables. • One chapter discussing the legal requirements for impact fees and methods used to calculate fees.
• One chapter presenting data on existing and future development in the Study area and the factors used to measure the impacts of development on individual facility types.
• One chapter for each impact fee, presenting the data and methodology used in the analysis, a detailed explanation of the impact fee calculations, and documentation of nexus findings.
• One chapter on implementation recommendations covering steps needed to comply with the Mitigation Fee Act through proper administration of the impact fees, including but not limited to:
o Findings and enactment of fees.
o Collection and expenditure of fees.
o Accounting and reporting requirements.
o Administrative appeals, waivers, and exemptions.
o Credits and reimbursements for developer-provided facilities. o Updating and indexing the fees.
o Recovery of administrative costs for the impact fee program.

Deliverables include: (1) Pre liminary chapter draft; (2) a complete draft report for staff review; (3) a final draft report for City Council and public review; (4) the final report. All drafts and the final report will be submitted electronically in .pdf format.

TASK 7. MEETINGS AND PRESENTATIONS
This proposal assumes the following regarding meetings during the Study and presentations of results:

Meetings with City Staff – NBS will conduct meetings with City staff to initiate the study process, review and discuss work products and gain insight from Staff on the direction of the study. Work -in-progress meetings will be held via conference call or video conferencing format. We also expect to have regular email exchanges and phone conversations with City staff to review data, discuss the Study’s progress, solicit input from staff, and review the Study’s initial results.

30 Presentations – NBS will prepare PowerPoint presentations and present findings to City Council, Council subcommittees, or industry stakeholders as needed. Within the professional fees proposed for the project, we have included one (1) remotely conducted or in-person presentation. Additional presentations will be provided at the request of the City, and will be charged on a time and expenses basis.

OPTIONAL TASK: MIRA LOMA AREA ROAD AND BRIDGE PROGRAM
According to the Mira Loma RBBD Engineers report that established these fees circa 2005, the RBBD is a “benefit district” that the City inherited from the County. Though it is called a benefit district, the details of the report indicate a development impact fee funding component and a TUMF funding component for the RBBD.

Updating fees for the Mira Loma RB BD will involve updating the development data contained in reports that established the fee in 2005. Also, the RBBD’s boundaries include areas outside of the City of Eastvale. We assume the City will provide clarification as to whether fees should be established for the City of Eastvale only, or the entire RBBD area, as well as assist with identifying a source for development data by land use type specific to Eastvale’s portion of the Mira Loma RBBD, as well as the RBBD as a whole. The current fee schedule segregates fees by “Zone”, and development data would also need to be available at the zone level. In addition, the City will need to provide a list of improvements to be funded by impact fees. Otherwise, the basic steps for reviewing fees for the RBBD wil l follow the same task plan outlined above for the primary scope of services.
31 B-1
EXHIBIT "B"

COMPENSATION

Project Cost Detail Consultant Labor (Hours) Grand Totals Task Plan
NBS
Director
NBS
Senior
Consultant
Impact Fee
Specialist
Consultant
Labor
(Hours)
Consultant
Costs ($)

Hourly Rate $250 $160 $150
Development Impact Fee Study
1 – Project Kickoff 2.0 0.0 2.0 4.0 800
2 – Compile Development Data 6.0 0.0 24.0 30.0 5,100
3 – Facility Needs Analysis 12.0 0.0 20.0 32.0 6,000
4 – Impact Fee Analysis 16.0 0.0 24.0 40.0 7,600
5 – Fee Comparison 2.0 12.0 2.0 16.0 2,720
6 – Draft & Final Study Reports 16.0 6.0 24.0 46.0 8,560 7 – Meetings & Presentations 6.0 6.0 6.0 18.0 3,360
Travel (as needed, not to exceed) 1,500

TOTAL NOT TO EXCEED
PROJECT COST 60.0 24.0 102.0 186.0 $ 35,640
Optional Mira Loma RBBD Fee
Analysis 28.0 0.0 28.0 56.0 $ 24,000

TOTAL INCLUDING OPTIONAL
TASK 88.0 24.0 130.0 242.0 $ 59,640
32 C-1
EXHIBIT "C"

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 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 follo wing 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 33 C-2
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, ret urn 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 s elf-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 policie s, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.

3. Workers' Compensatio n Coverage . Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation 34 C-3
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 “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, 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.

35 helping communities fund tomorrow since 1996
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free: 800.676.7516

www.nbsgov.com

August 11, 2023

Amanda Wells
Finance Director/City Treasurer
City of Eastvale
Finance Department
12363 Limonite Ave., #910
Eastvale, CA 91752
Submitted electronically via [email protected]
RE: Proposal for a Citywide Development Impact Fee Study Dear Ms. Wells:

Thank you for reaching out recently regarding the City’s need for a Citywide Development Impact Fee Study. The following proposal provides a scope of services, professional qualifications, and pricing for the City’s consideration.

ABOUT IMPACT FEES
Development impact fees are one-time charges imposed as a condition of development approval to pay for capital facilities and infrastructure needed to serve new development. Impact fees are governed by the California Mitigation Fee Act (Government Code Section 66000 et seq.) and by constitutional case law.

Charges imposed as a condition of property development, including impact fees, are not subject to Proposition 218 or Proposition 26.

Laws governing impact fees, including both court decisions and the California Mitigation Fee Act require that local agencies imposing fees as a condition of development approval demonstrate that there is a reasonable relationship or “nexus” between those fees and the impact of a development project on facilities to be funded by the fees.

The required nexus as enunciated in leading court decisions can be thought of as having three elements:
• The City must show that development creates a need for the facilities to be funded by the impact fees;
• The City must show that development derives a benefit from the provision of facilities to be funded by the impact fees, and:
• The City must show that the fees charged to a development project are proportional to the impact of that project on facilities to be funded by the impact fees.

The “reasonable relationship” requirements contained in Section 66001 of the California Mitigation Fee Act address essentially the same elements using different language. 36

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PROJECT APPROACH
There are several industry standard methods available to calculate impact fees for a particular type of facility. For this Study, the choice of an appropriate method is impacted by recent changes in legislation. In September of 2021, the California Legislature passed Assembly Bill (AB) 602 and the Governor signed it into law. AB 602 creates many new requirements for impact fees that are effective in 2022. The two most impactful requirements affecting our proposed approach to this study are:
• When applicable, the nexus study shall identify the existing level of service for each public facility, identify the proposed new level of service and explain why the new level of service is appropriate.
• A nexus study adopted after July 1, 2022, shall calculate a fee imposed on a housing development project proportionately to the square footage of the proposed units of the development.

Given the first requirement, the method we will use to update the City’s general public facilities and park impact fees is called the Standard-Based or Incremental Expansion Method. This method calculates fees based on the cost of maintaining a particular level of service, where that level of service can be translated directly into facility costs. For example, the ratio of park acreage to population is typically used as the basis for park impact fees. This method can also be used for libraries, general government facilities, and even police facilities. Impact fees for transportation improvements and fire protection facilities may require a different approach.

SCOPE OF SERVICES
The scope of services covered by this proposal involves the work necessary to prepare a development impact fee study that complies with the requirements of the California Mitigation Fee Act (Government Code Sections 66000 et seq.) and relevant case law.

We understand these types of fees are to be updated through the Study:
• Transportation
• Fire
• General Public Facilities
• Park Facilities, to include review of Quimby and Impact Fees We have also included an Optional evaluation of impact fees for the Mira Loma Area Road and Bridge Benefit District Fees (RBBD).

This proposal assumes that all impact fees included in the primary (not optional) scope of work will be for a single, Citywide service area. The specific scope of services offered in this proposal is defined by the tasks described in the proposed work plan that follows. That scope excludes legal, engineering, architectural, cost estimating and appraisal services.
37

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INFORMATION TO BE PROVIDED BY THE CITY
The work to be performed by the Consultant on this impact fee study will depend heavily on information to be provided by the City. Among the types of information needed for this study are:
• The current General Plan, and any specific plans or other relevant planning studies. • Data on existing and planned future development within the study area, by land use type. • Capital Improvement Program, level of service policies, facility master plans and other facility planning data, plus inventories of existing vehicles and equipment to be funded by impact fees. • Cost estimates for land, capital improvements, vehicles, equipment, etc. to be funded by fees. • Information on capital improvement funding sources and financing plans and any outstanding debt related to existing capital facilities.

This proposal assumes that all information needed to perform the work covered by the scope of this proposal will be provided by the City or is readily available from other sources such as the U.S. Census Bureau or the California Department of Finance.

PROPOSED WORK PLAN
The following tasks comprise the detailed work plan for this Impact Fee Study. These tasks represent the typical requirements of an Impact Fee Study and may be adjusted to meet the needs of this project.

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• Prepare development data tables to incorporate into the fee calculation model and the Study report.

TASK 3. FACILITY NEEDS ANALYSIS
Review data pertaining to existing asset inventory and replacement costs as needed. Steps in that process will include the following:
• Review adopted level-of-service standards and actual service levels for relevant facility types. • Work with City staff to identify the operative level-of-service standard to be used in the impact fee analysis for each facility type.
• Identify any existing deficiencies or available capacity relative to the selected level-of-service standard for each type of facility.
• Project the additional service demand that will be created by new development, based on selected service levels.
• Translate service demand into facility needs by facility type. • Compile cost estimates for relevant facilities and other assets. • Identify costs eligible for impact fee funding.

TASK 5. FEE COMPARISON
Compare similar impact fees in up to five (5) neighboring and comparable communities. A list of communities will be selected and approved by City staff. We will download their respective fee schedules and supporting studies from the Internet. If schedules and supporting studies are not available on the Internet, we will make a reasonable attempt to contact the agency to obtain that information. We will then compile a comparison of the fee categories and amounts, for the most readily comparable fee items that match the City’s existing and proposed impact fees.

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of the Mitigation Fee Act regarding the purpose of the fees, the use of the fees, and the reasonable relationship between the fees and development.

As the Study progresses, we will submit preliminary drafts of portions of the Study report for review and comment by City staff. Once all sections are in draft form, an administrative draft of the entire Study report incorporating any previous staff comments will be submitted and reviewed with City staff. Then a final draft document will be prepared for the City Council and public review. If necessary, additional changes will be incorporated into the final Study report.

The report will include the following components:
• Executive Summary including summary impact fee tables. • One chapter discussing the legal requirements for impact fees and methods used to calculate fees.
• One chapter presenting data on existing and future development in the Study area and the factors used to measure the impacts of development on individual facility types. • One chapter for each impact fee, presenting the data and methodology used in the analysis, a detailed explanation of the impact fee calculations, and documentation of nexus findings. • One chapter on implementation recommendations covering steps needed to comply with the Mitigation Fee Act through proper administration of the impact fees, including but not limited to:
• Findings and enactment of fees.
• Collection and expenditure of fees.
• Accounting and reporting requirements.
• Administrative appeals, waivers, and exemptions.
• Credits and reimbursements for developer-provided facilities. • Updating and indexing the fees.
• Recovery of administrative costs for the impact fee program.

Deliverables include: (1) Preliminary chapter draft; (2) a complete draft report for staff review; (3) a final draft report for City Council and public review; (4) the final report. All drafts and the final report will be submitted electronically in .pdf format.

TASK 7. MEETINGS AND PRESENTATIONS
This proposal assumes the following regarding meetings during the Study and presentations of results:

Meetings with City Staff – NBS will conduct meetings with City staff to initiate the study process, review and discuss work products and gain insight from Staff on the direction of the study. Work-in-progress meetings will be held via conference call or video conferencing format. We also expect to have regular email exchanges and phone conversations with City staff to review data, discuss the Study’s progress, solicit input from staff, and review the Study’s initial results.

Presentations – NBS will prepare PowerPoint presentations and present findings to City Council, Council subcommittees, or industry stakeholders as needed. Within the professional fees proposed for the project, we have included one (1) remotely conducted or in-person presentation. Additional presentations will be provided at the request of the City, and will be charged on a time and expenses basis. 40

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We assume the City will provide clarification as to whether fees should be established for the City of Eastvale only, or the entire RBBD area, as well as assist with identifying a source for development data by land use type specific to Eastvale’s portion of the Mira Loma RBBD, as well as the RBBD as a whole. The current fee schedule segregates fees by “Zone”, and development data would also need to be available at the zone level. In addition, the City will need to provide a list of improvements to be funded by impact fees. Otherwise, the basic steps for reviewing fees for the RBBD will follow the same task plan outlined above for the primary scope of services.

PROJECT TEAM
The following provides an overview of the project team. Full-length resumes of staff are attached as well.

References are available upon request.

NICOLE KISSAM, PROJECT MANAGER
Role and Responsibilities: Nicole Kissam will manage the ongoing administration of the project, serving as the primary point of contact for City‘s staff and directing the work efforts of our project team. She will be fully conversant in all findings and available for public events as needed. She will work closely with the City’s designated project manager to monitor the schedule and delivery of work products to the City’s satisfaction. While designing and directing analytical efforts, she will also provide senior-level technical analysis.

Work Experience: Nicole Kissam is Director of NBS’ Financial Consulting Group. She has an extensive background in public sector consulting, city government, corporate management, marketing and public relations. Nicole has been a financial and management consultant to local government for 20 years, specializing in cost recovery policy, strategy, and analysis. Her subject matter expertise includes cost allocation plans, user and regulatory fee analysis, impact fee analysis, financial plans, business process improvement, and operational best management practices for California agencies. Nicole holds a Bachelor of Science in Business Administration from California Polytechnic State University in San Luis Obispo. She has completed similar projects as requested by the City for many agencies across California.

JOE COLGAN, COLGAN CONSULTING, IMPACT FEE SPECIALIST
Roles and Responsibilities: Joe Colgan will work closely with NBS and other team members as the technical expert on this impact fee analysis.
41

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Work Experience: Joe Colgan is the President of Colgan Consulting and a recognized expert in impact fee analysis with over 30 years of experience in the field. He is a professional planner with 10 years of direct experience in local government as a planner and planning director, and extensive experience in land use planning and capital facilities planning. He has served three terms on the board of the National Impact Fee Roundtable (now the Growth and Infrastructure Consortium), including one term as vice chair, and has spoken on impact fees at conferences and seminars nationally.

SARA MARES, DIRECTOR
Roles and Responsibilities: Sara Mares is available to assist on the optional Mira Loma RBBD portion of the project as needed. She will work closely with City staff and the NBS Project Manager.

Work Experience: Sara Mares is a Director with NBS with more than 23 years of experience with NBS. She specializes in Fiscal Impact Analysis and Community Facilities Districts, which are analyses and funding mechanisms that often overlap with Development Impact Fee programs. Her broad experience with evaluating impacts of new developments’ revenue and costs, as well as her depth of knowledge in available funding tools are essential attributes to NBS’ impact fee study team. Sara also has experience working with all aspects of the district formation and bond issuance process, including planning, fiscal impact analysis, project management, budget analysis, rate modeling, financial analyses, formulation of rate and methods of apportionment, and public presentations. She is a Registered Municipal Advisor.

LAUREN GUIDO, SENIOR CONSULTANT
Roles and Responsibilities: Under the direction of the project manager, Lauren Guido will support this project as needed with the completion of key aspects of the project’s Task Plan, including but not limited to fee model development, data collection and analysis, timeline management, draft reviews, and documentation efforts.

Work Experience: Lauren Guido is a Senior Consultant with NBS. She brings four years of fee study analysis experience and more than a decade of accounting and financial management experience in the public and private sectors to our project team. She has extensive applied skills in analytical software, databases, and spreadsheets and a special talent for graphical display of complex information in presentations to elected and community stakeholders. Lauren has a Bachelor of Fine Arts and Multimedia from Woodbury University.

PROJECT TIMELINE
A study of this nature typically requires approximately four to six months to issue a final report document, followed by approximately two to three months of implementation procedures, including any stakeholder review of results and public hearings with City Council.

We are available to initiate this project as soon as a contract is executed. Upon project commencement, a schedule and task plan will be developed for mutual acceptance by the City and consultants. During the data collection tasks of the proposed work plan, we will proactively remind the City of agreed-upon submittal dates and process submittals quickly to keep the project moving forward. 42

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PROFESSIONAL FEES
Our professional fees are based on our understanding of the City’s needs and the effort we believe is necessary to complete the scope of services/task plan described. We express this honestly and transparently through our price proposal.

Work will be performed on a time and materials basis, at the hourly labor rates shown in the budget table below. Our all-inclusive maximum pricing for this project is between $35,640 and $59,640, depending on whether the City requires the Mira Loma RBBD fee study at this time. The pricing quoted herein assumes the optional scope of services for the RBBD would be performed in tandem with the main project for the City’s other impact fees.

The following table provides the estimated hours required per task of the proposed work plan and the hourly rates for each professional staff on the NBS project team:

NBS’ hourly rates are inclusive of all costs associated with professional time, such as document production, and incidentals. These rates will apply for the duration of our contract.

Invoicing
We invoice on a monthly basis, paralleling each phase of completion of the work plan’s tasks. At no time will we invoice for charges in excess of the fee to which the City and NBS mutually agree.

PROJECT COST DETAIL | CITY OF EASTVALE
Task Plan
Hourly Rate $250 $160 $150
Development Impact Fee Study
1 - Project Kickoff 2.0 0.0 2.0 4.0 800
2 - Compile Development Data 6.0 0.0 24.0 30.0 5,100 3 - Facility Needs Analysis 12.0 0.0 20.0 32.0 6,000 4 - Impact Fee Analysis 16.0 0.0 24.0 40.0 7,600 5 - Fee Comparison 2.0 12.0 2.0 16.0 2,720 6 - Draft and Final Study Reports 16.0 6.0 24.0 46.0 8,560 7 - Meetings and Presentations 6.0 6.0 6.0 18.0 3,360 Travel (as needed, not to exceed) 1,500
TOTAL NOT TO EXCEED PROJECT COST 60.0 24.0 102.0 186.0 35,640$ Optional Miral Loma RBBD Fee Analysis 28.0 0.0 28.0 56.0 24,000 TOTAL INCLUDING OPTIONAL TASK 88.0 24.0 130.0 242.0 59,640$ NBS Senior
Consultant
Consultant Labor (Hours) Grand Totals
NBS Director Impact Fee
Specialist
Consultant
Labor
(Hours)
Consultant
Costs ($)
43

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*******
Thank you again for considering us for a Citywide Development Impact Fee Study. Please feel free to reach out to me at 800.676.7516 or [email protected] with questions about our proposal or to move forward with preparation of a professional services agreement.

Sincerely,

Nicole Kissam
Director, NBS Financial Consulting Group

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APPENDIX | RESUMES
This appendix contains full resumes for our senior-level team members.

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TEAM RESUME
NICOLE KISSAM | Project Manager

EDUCATION
• Bachelor of Science, Business
Administration, California
Polytechnic State University, San
Luis Obispo

AFFILIATIONS
• California Society of Municipal
Finance Officers (CSMFO)
• Growth and Infrastructure
Consortium (GIC)

SPEAKING / MEDIA
(LAST 5 YEARS)
• “Cost Allocation Plans (CAP) Best
Practices; A Discussion of CAP
Basics, Timelines, Case Studies,
and In-House vs. Vendor-
supported Approaches” -
California State Association of
County Auditors (SACA)
Conference, 2021
• “A Revenue Cornucopia: One
Special District’s Approach to
Raising Revenue” - California
Special Districts Association
(CSDA), Exhibitor Series, 2020
• “Tools for Fiscal Sustainability” -
CSMFO Desert Chapter, 2020
• “Fees, Fees, and MORE FEES!?” -
California Association of
Recreation and Park Districts,
Annual Conference, 2019
• “Building Department Fees…you
need a plan” - California Building
Officials (CALBO) Annual Business
Meeting, 2018

HIGHLIGHTS
Nicole Kissam is Director of Financial Consulting for NBS. She has more than 20 years of experience in public sector consulting, city government, marketing, and public relations. Nicole specializes in cost recovery and revenue policy for California local governments.

She routinely manages projects and provides senior level technical analysis on impact fee studies, user/regulatory fee analyses, cost allocation plans, and financial plans. She has completed over 100 consulting engagements for a range of cities, counties, and special districts, including those with less than 10,000 population up to the largest in the State such as Los Angeles, Sacramento, and San Jose.

Nicole is regularly invited to speak on the topics of cost recovery, fee program development, and fiscal sustainability for various prominent professional organizations in California.

RELEVANT PROJECT EXPERIENCE

• Annual and/or Five-Year Impact Fee Reporting – Cities of: Colton, Encinitas, Lincoln, Plymouth, Victorville
• East Contra Costa Fire Protection District, Impact Fee Study and Fire Prevention Regulatory Fee Study – Completed a complex analysis of impact fees for the District, requiring the merging of several different legacy fee structures from the County and two incorporated cities served by the District.

The Study required participation with interested developers, has been successfully adopted in 2020 by the County and one incorporated city, and is pending final adoption by the second city’s Council in February 2021. NBS also developed a first Regulatory fee program for the District’s newly added fire prevention division, adopted in 2020.
• City of Indio, Citywide Development Impact Fee Study – Fees evaluated included Park Land and Improvements, Fire Protection Facilities, Police Facilities, Public Buildings, Roads and Bridges, Traffic Signals, Storm Drainage Improvements. Final Report issued in May 2020, pending public hearing and adoption by City Council.
• City of La Quinta, Development Impact Fee Study – Fees evaluated included Parks and Recreation, Community and Cultural Centers, Library, Civic Center, Maintenance Facilities, Transportation. Adoption process involved working with local building industry associations. Fee program adopted successfully by Council in 2019.
• Los Angeles, Tree In-Lieu Fee Analysis for the Board of Public Works – Evaluated the cost of sourcing, planting, and maintaining trees paid for “in-lieu” of conditions of development for protected trees and other types of City trees.

Assisted in implementing a fee program with the Board of Public Works. • Other Recent Impact Fee Projects – Chowchilla, Indio, Lathrop Manteca Fire District, Rancho Cucamonga, Rocklin, Town of Ross, Sacramento Metropolitan Fire District, Victorville, Visalia, Watsonville, Wildomar

“Thanks again for
another successful fee
study. Always a pleasure
working with you and
your team.”
Greg McFann, Building Official
City of Alameda
46

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TEAM RESUME
JOE COLGAN | Subconsultant, Impact Fee Specialist

EDUCATION
• Master of City Planning degree,
University of Pennsylvania
Bachelor of Architecture degree,
University of Nebraska, Lincoln

AFFILIATIONS
• Growth and Infrastructure
Consortium (formerly the
National Impact Fee Roundtable)
• Over 35 years as a member of the
American Planning Association
(APA) and the American Institute
of Certified Planners (AICP)

SPEAKING / MEDIA
• National Impact Fee Roundtable |
2004 2005, 2007, 2009, 2011
• California Association of
Recreation and Parks Districts |
2019

HIGHLIGHTS
Joe Colgan is founder and president of Colgan Consulting Corporation, a small Sacramento firm specializing in development impact fees for cities, counties and special districts. He has a thorough understanding of the constitutional and statutory requirements for defensible impact fees and is an expert in impact fee methodologies.

The vast majority of Joe’s impact fee work has been done for California clients, but he has also done impact fee studies in Oregon, Arizona, Utah, New Mexico and Florida. He has prepared more than 150 impact fee studies since 1990, for clients as large as Albuquerque, NM (pop. 555,000) and the Orange County (CA) Fire Authority (serving 22 cities and unincorporated Orange County), and as small as Angels Camp, CA (pop. 4,050)

RELEVANT PROJECT EXPERIENCE

• Indio, CA, Comprehensive Impact
Fee Study
• Manhattan Beach, CA, Impact
Fee Feasibility Study
• Wildomar, CA, Comprehensive
Impact Fee Study and Two Impact
Fee Update Studies
• City of Rocklin, CA, Parks and
Public Facilities Impact Fee Study
• Vista, CA, Impact Fee Update
Study for Streets and Signals; Joe
has prepared four impact fee
studies for Vista
• La Quinta, CA, Comprehensive
Impact Fee Studies and Updates;
Joe has prepared three impact fee
studies for La Quinta
• City of Orange, CA, Impact Fee
Study for Police, Libraries and
Parks
• Lemoore, CA, Comprehensive
Impact Fee Studies and Updates;
Joe has prepared four impact fee
studies for Lemoore
• Madera, CA, Comprehensive
Impact Fee Study and Update
• Beaumont, CA, Comprehensive
Impact Fee Study
• Windsor, CA, Impact Fee Study
for Parks and Rec, Open Space
and Trails, Police, Fire and Public
Facilities
• Cloverdale, CA, Impact Fee Study
for Accessory Dwelling Units
• Moreno Valley CA,
Comprehensive Impact Fee
Studies and Updates; Joe has
prepared four impact fee studies
for Moreno Valley
• Encinitas, CA, Impact Fee Study
Streets and Signals, Parks, Fire
and Libraries; Joe has prepared
three impact fee studies for
Encinitas
• Rancho Cucamonga, CA, Two
Impact Fee Studies for Parks,
Community & Recreation Centers,
Libraries, Police, and the Animal
Center

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EDUCATION
• Bachelor of Arts, with honors,
Economics, Mills College
• Continuing education from UC
Davis, UCLA, CDIAC, etc.

HIGHLIGHTS
• Registered Municipal Advisor
Representative
• 23 years of experience
• Expert Special Tax Consultant
• District Formations
• Reassessment Consulting
• Proposition 218

AFFILIATIONS
• California Society of Municipal
Finance Officers (CSMFO)
• California Special Districts
Association (CSDA)
• Committee on Special
Assessments, Taxes and Other
Financing Facilities (CASTOFF)
• Women in Public Finance (WPF)

SPEAKING / MEDIA
• Revenue Recovery: From Riches
to Rags, and Back to Riches? 2022
CSMFO Annual Conference
• Show Me More Money:

Optimizing Revenues in a Post-
COVID World. 2022 CSMFO
Annual Conference
• Park & Rec Fiscal Toolbox. 2021
CARPD Annual Conference
• A Revenue Cornucopia: A Multi-
Faceted Approach to Funding.
2021 CSMFO Annual Conference
• One Special District’s Approach to
Raising Revenue. 2020 CSDA
Webinar Series.
•

BIOGRAPHY
Sara Mares is a Director with NBS with more than 23 years of experience with NBS. She specializes in Fiscal Impact Analysis and Community Facilities Districts, which are analyses and funding mechanisms that often overlap with Development Impact Fee programs. Her broad experience with evaluating impacts of new development’s revenue and costs, as well as her depth of knowledge in available funding tools is an essential attribute to NBS’ impact fee study team. Sara also has experience working with all aspects of the district formation and bond issuance process, including planning, fiscal impact analysis, project management, budget analysis, rate modeling, financial analyses, formulation of rate and methods of apportionment, and public presentations. She is a Registered Municipal Advisor.

RELEVANT PROJECT EXPERIENCE

TEAM RESUME
SARA MARES | Director
• East Contra Costa Fire Protection
District. In 2019, NBS performed
a Fiscal Impact Analysis and
commenced with a subsequent
CFD Formation. Understanding
not only the ongoing funding of
services, but the future impact to
facilities was of utmost
importance and NBS was engaged
to assist with a Development
Impact Fee Study and overall
Financial Plan which brings all of
the various analyses together into
a long term plan.
• City of Lincoln CFD 2019-1
(Independence). Formation of
facilities CFD that transitions to a
services CFD. CFD finances
transportation, water system ,
recycled water system, drainage,
wastewater, and park
improvements and will transition
to fund park maintenance and
capital replacement. Formation
completed in 2019.

• City of Moreno Valley. In 2017,
NBS prepared a Comprehensive
Park Maintenance Feasibility
Study and Service Level Analysis.

NBS identified three solutions for
the City to implement to ensure
sufficient tax revenue for the
existing Community Service
Districts. In 2020, NBS updated
the Study and Analysis. The
updated report is under review
and expected to lead to the
formation of a new CFD.
• Altadena Library District CFD
Formation. In 2020, the need for
significant updates to aging
facilities led the District to engage
NBS to form a CFD to finance
those infrastructure needs.

Additionally, with the existing
parcel tax sunset on the horizon,
NBS worked with the District to
include a services special tax
component of the CFD that would
replace those services revenues
and provide for a perpetual,
stable funding source into the
future. The CFD has been formed
and was approved by registered
voters in the District.

“Thank you so much for all of your guidance, advice and support this year. We definitely wouldn't have been able to accomplish this amazing feat without your experience and knowledge!!” Nikki Winslow, Library District Director, Altadena Library District
48

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EDUCATION
• Bachelor of Fine Arts and
Multimedia, Woodbury
University, Burbank

HIGHLIGHTS
• Experienced Consultant
supporting cost allocation, user
fee studies, and development
impact fee studies
• Extensive experience in budget
management and financial
reporting
• Extensive experience working
with analytical software,
databases, and spreadsheets

BIOGRAPHY
Lauren Guido offers more than a decade of finance experience in accounting, budget planning and systems analysis. She performs various financial analyses, data management, and customer data analyses for Overhead Cost Allocation Plans, User Fee Studies, and Development Impact Fee Studies. Lauren’s diverse knowledge of accounting, budgeting, and resource management is essential to the work performed by NBS.

RELEVANT PROJECT EXPERIENCE
Lauren has consulted and served on many projects, including the following representative and recent project samples:
• City of Alameda, Building, Planning, Public Works, and Fire Fee Study • City of Albany, Building, and Planning Fee Study
• City of Camarillo, Citywide User Fee Study
• City of Chowchilla, Citywide Development Impact Fee Study • East Contra Costa Fire Protection District, Fire Prevention Regulatory Fee Study and Fire Facilities Development Impact Fee Study • City of Indio, Citywide Fee Study Update and Development Impact Fee Study
• City of Lathrop, Building Fee Study
• City of Los Angeles, Department of City Planning Fee Study • City of Los Angeles, Department of City Planning, Home Sharing Ordinance Fee Study
• City of Portola Valley, Development Services Fee Study • City of Rocklin, Public Facilities Impact Fee Study
• Rancho Cucamonga Fire Protection District, Regulatory Fee Analysis and Development Impact Fee Study
• Sacramento Metropolitan Fire District, Community Risk Reduction Regulatory Fee Study and Capital Facilities (Impact) Fee Study • City of San Ramon, Planning Fee Study
• City of Tracy, Citywide User Fee Study and Internal Service Fund Rates Analysis
• City of Tustin, Citywide User Fee Study
• City of Yorba Linda, Citywide Fee Study
• City of Victorville, Development Impact Fee Study

TEAM RESUME
LAUREN GUIDO | Senior Consultant

“Lauren was terrific in
helping to deliver this
project for us. She
took the time to dive
into the more
technical and detailed
aspects of a very
unique subject
area, kept the project
moving, and was in
constant
communication with
us as the client.

Would love to work
with her again on any
project.”
Raoul Mendoza, Chief
Management Analyst, Los
Angeles City Planning

49 AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.3
September 13, 2023
Construc(on Contract Award to Crosstown Electrical & Data, Inc. and, Task Order No. 1 Approval to Dudek for Construc(on Management of the Traﬃc Signal Advanced Dilemma Zone
Detection and Mitigation Project
Prepared By:

Jimmy Chung, Public Works Director/City Engineer
Recommended Action(s)
Staff recommends that the City Council:
1 .

Award the Construc#on Contract to
Crosstown Electrical & Data, Inc.
, the lowest responsive
and responsible bidder, in accordance with unit bid prices in the amount of $ 869,686
plus a
10% contingency of $86,969 for a total amount of $956,655; and 2 .

Approve the Task Order No. 1 in the amount of $99,600 with Dudek for Construc#on Management and Inspection Services; and
3 .

Approve and Adopt Resolu#on 23-XX Amending the 2023-24 Fiscal Year Capital Improvement Budget for project 92017 "Traﬃc Signal Advanced Dilemma Zone Detec#on and Mi#ga#on Project"; and
4 .

Authorize the City Manager to execute all necessary documents including the No#ce of Completion.

Summary
On November 10, 2021, the City Council approved a Professional Services Agreement with Kimley Horn for design services for the Traﬃc Signal Advanced Dilemma Zone Detec#on and Mi#ga#on Project. The Plans, Specifications and Cost Estimates (PS&E) was completed in April 2023. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
50 The No#ce Invi#ng Bids was posted on the City’s website and the City of Eastvale Vendor Portal through PlanetBids on May 31, 2023. Bids were also adver#sed in a local newspaper twice on June 23, 2023 and June 30, 2023, following the Public Contract Code. The City received six (6) electronic bids on July 6, 2023, and the b
id results are as follows:

Name of Bidder
City
Bid Amount
Crosstown Electrical &
Data
Irwindale
$ 869,686
Alfaro Communications
Construction
Compton
$ 941,659
International Line Builders

Corona
$ 987,424
Baker Electric
Escondido
$ 1,033,852
California Professional
Engineering
La Puente
$ 1,089,688
DBX
Temecula
$ 1,140,500

ALer reviewing the bids, staﬀ determined that Crosstown Electrical & Data, Inc. (Crosstown) is the lowest responsive and responsible bidder with a total bid price of $869,686. Crosstown holds a valid Class A and C10 Contractor’s license in the State of California. Crosstown i s a Southern California
based commercial electrical contractor and has been in business for over twenty four (24) years.

The company delivered successful projects to other agencies including the Ci#es of Santa Clarita, Beverly Hills, and La Habra. Therefore, Crosstown qualiﬁes as the lowest responsible bidder as required by state law.

Construc#on is an#cipated to begin in October 2023 assuming no complica#ons with the contract execu#on process. The contract allows for a total of forty-ﬁve (45) working days to complete the required work. The work is expected to be completed in April 2024.

The staﬀ will work with Communica#ons Division to send out construc#on no#ces for the closures associated with the construc#on. The contractor will also be required to no#fy all aﬀected residents and/or businesses at least three days prior to mobilizing for any access modification.

Background
Project Description

The City applied for and was awarded funding for the Traﬃc Signal Advanced Dilemma Zone Detec#on and Mi#ga#on Project under Highway Safety Improvement Program (HSIP) for a total amount of $702,300: $104,000 for Preliminary Engineering (PE) Phase and $598,300 for Construction (CON) Phase.

The project scope includes installing an advanced dilemma zone detec#on system and associated equipment in exis#ng traﬃc signal cabinets at sixteen (16) signalized intersec#ons along the major corridors including Limonite Ave., Schleisman Rd., Hamner Ave., and Archibald Ave (See APachment No. 1 for the Location Map).

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
51 Sixteen (16) intersec#ons were iden#ﬁed for improvements based on the historical crash data and are listed below:
1 .

Hamner Ave. & Limonite Ave.
2 .

Eastvale Gtwy. & Limonite Ave.
3 .

Archibald Ave. & Schleisman Rd.
4 .

Archibald Ave .& Limonite Ave.
5 .

Hamner Ave. & Schleisman Rd.
6 .

Harrison Ave. & Schleisman Rd.
7 .

Sumner Ave. & Limonite Ave.
8 .

Sumner Ave. & Schleisman Rd.
9 .

I-15 & Limonite Ave.
10 .

Hamner Ave. & Swan Lake Ave.
11 .

Hamner Ave. & Bellegrave Ave.
12 .

Cloverdale Marketplace & Limonite Ave.
13 .

Hamner Ave.& 68th St.
14 .

Harrison Ave. & Limonite Ave.
15 .

Hamner Ave. & Amberhill Ave.
16 .

Archibald Ave & 65th St

Advanced dilemma zone detec#on enhances safety at signalized intersec#ons by modifying traﬃc control signal #ming to reduce the number of drivers that may have diﬃculty deciding whether to stop of proceed during a yellow phase. This may reduce rear-end crashes associated with unsafe stopping and angle crashes due to red light running.

Highway Safety Improvement Program (HSIP)
The Highway Safety Improvement Program (HSIP) is a core Federal-aid program with the purpose to achieve a signiﬁcant reduc#on in traﬃc fatali#es and serious injuries on all public roads, including non-State-owned roads and roads on tribal land. The HSIP requires a data-driven, strategic approach to improving highway safety on all public roads with a focus on performance.

The City's project was included in the recommended project list for design and construction.

The City submiPed the funding alloca#on request on December 21, 2022, and the funds in the amount of $598,300 were allocated eﬀec#ve January 16, 2023. Of $598,300, $520,300 is for Construction and $78,000 is for Construction Engineering.

Upon the receipt of the bids, t
he City submiPed Cost Change Request to Caltrans District 8 Local, reques#ng the alloca#on amount to be increased from $598,300 to $1,071,700. Caltrans approved additional $200,000 to be allocated to this project.

Construction Management and Inspection Services
On April 13, 2022, the City Council awarded a Professional On-call Services contract to Dudek for Construc#on Management and Inspec#on Services. Dudek demonstrated both the experience and qualiﬁca#ons that meet Eastvale's needs and expecta#ons during the compe##ve procurement processes. A copy of the On-Call contract is included in the APachment 4 and the Task Order No. 1 Scope and Compensation is included in Attachment 5.
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
52 Environmental
The proposed project is exempt from CEQA review under the categorical exemp#on for exis#ng facili#es (CEQA Guideline 15301). A No#ce of Exemp#on (NOE) will be ﬁled with the Riverside County Clerk and State Clearinghouse. A copy is included with this report as Attachment 3.

Strategic Plan Action - Priority Level: 2
| Target #: 5
| Goal #: 7
Plan for landscape, roads, and street maintenance

Fiscal Impact
The total ﬁscal impact for the construc#on phase of the project is $1,056,255. The ﬁscal year 2023- 24 budget includes appropria#ons for this project totaling $662,595 in HSIP Grant account 240-510- 6660-92017-0000. Of the available budget,
$598,300 is alloacted for the Construc#on phase. The
construc#on phase requires an addi#onal budget appropria#on in the amount of $200,000, bringing the total project budget in HSIP grant to $798,300. Due to the reimbursement nature of the Miscellaneous Grants fund, fund balance is not currently available. The General Fund will be required to cover nega#ve fund balance in the Miscellaneous Grants Fund and provide cash ﬂow until the HSIP grant is reimbursed.

A budget resolu#on is necessary in the amount of $200,000 in the Miscellaneous Grants fund, account number 240-510-6660-92017-0000 in order to recognize the full HSIP grant award for construc#on. Addi#onally, a
budget resolu#on is necessary in the amount of $257,955 in the Measure A Fund, account number 210-510-6660, project number 92017-0000. Fund balance is available to be appropriated in the Measure A fund and the Measure A fund is an#cipated to complete the fiscal year with a positive available fund balance.

Fund
Account
2023-24
Construction
Budget
Additional
Appropriations
Total
Amended
Budget
Miscellaneous
Grants Fund
240-510-6660-
92017-0000
598,300
200,000
798,300
Measure A Fund
200-510-6660-
92017-0000
0 257,955
257,955

Total
1,056,255

Prior City Council/Commission Action
On October 14, 2020, the City Council approved four HSIP grant applica#ons for the Traﬃc Signal Advanced Dilemma Zone Detection and Mitigation Project.

On November 10, 2021, the City Council approved a Professional Services Agreement with Kimley Horn for design services for the Traﬃc Signal Advanced Dilemma Zone Detec#on and Mi#ga#on Project.

Attachment(s)
Attachment 1 - Location Map
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
53 Attachment 2.1 - Construction Contract

Attachment 2.2 - Exhibit B to the Contract

Attachment 3 - Notice of Exemption

Attachment 4.1 - On-Call Agreement with Dudek

Attachment 4.2 - Exhibit A to the On-Call Agreement with Dudek (Task Order 1)

Attachment 5 - Budget Resolution

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
54 E V A R E N M A H
65TH ST

E V A N A M L L E H
68TH ST

SCHLEISMAN RD

LIMONITE AVE

E V A R E N M U S

Y A W R A L O H C S

CITRUS ST

E V A D L A B I H C R A
RIVER
RD

CHANDLER ST

E V A N O S I R R A H

E V A N E K I L L I M

BELLEGRAVE AVE

ISSION BLVD

RIVERSIDE DR
ARCHIB
ALD
AVE
0 0.5 1 0.25 Miles
All improvements will be accommodated in the City Right-of-Way (ROW) Signal location for
Advanced Dilemma
Zone installation
LEGEND
Intersection List:

1. Hamner Ave & Limonite Ave

2. Eastvale Gtwy & Limonite Ave

3. Archibald Ave & Schleisman Rd

4. Archibald Ave & Limonite Ave

5. Hamner Ave & Schleisman Rd

6. Harrison Ave & Schleisman Rd

7. Sumner Ave & Limonite Ave

8. Sumner Ave & Schleisman Rd

9. I 15 & Limonite Ave

10. Hamner Ave & Swan Lake Ave

11. Hamner Ave & Bellegrave Ave

12. Starbucks Driveway
& Limonite Ave

13. Hamner Ave & 68th St

14. Harrison Ave & Limonite Ave

15. Hamner Ave & Amberhill Ave

16. Archibald Ave & 65th St
68TH S 68T H S H S 68TH S H S H S
H S T68TH ST 68TH ST 68TH ST 68TH ST 68TH ST 68TH ST 68TH ST H S 68TH ST 68TH ST 68TH ST 68TH ST
E V A

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N M A H
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BELLEGRAV

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68TH S 68TH S H S H S H STTH S H S H S H S H S H S H S
See sample application for
Hamner Avenue at 68th Street
on the following page.

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55 All improvements will be accommodated in the City Right-of-Way (ROW) Typical Design for Advanced Dilemma Zone Detection (Hamner Avenue/68th Street) 152'
152'
152'
152'
15 15 2' 2'
327'
15 2' 2'
327'
15 15 2' 2'
327'
152'
327'
68th Street
Hamner Avenue
Hamner Avenue
68th Street
Approach
Speed
Distance from intersection for 90%
and 10% probabilities of stopping
mi/h 90% values in ft 10% values in ft
35 254 102
40 284 122
45 327 152
50 353 172
55 386 234
Source: 7DEOHRI'LOHPPD=RQH%RXQGDULHV5HSULQWHGIURP7UDIƂF &RQWURO6\VWHPV+DQGERRN
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Approach speeds will be based on
the 85th percentile from the Speed
Survey conducted by the City.

SPEED
LIMIT
45 LEGEND:

Dilemma Zone
Advance Detection Zone
Install Advanced Dilemma Zone Detection System and
DVVRFLDWHGHTXLSPHQWLQH[LVWLQJWUDIƄFVLJQDOFDELQHW Approach speeds will be based on the 85th
percentile from the Speed Survey conducted
by the City.

SPEED
LIMIT
45 Hamner Avenue at 68th Street
represents a typical installation for the
Advanced Dilemma Zone Detection
at the 16 signalized intersections
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56 CONTRACT AGREEMENT

BETWEEN

THE CITY OF EASTVALE
AND
CROSSTOWN ELECTRICAL & DATA, INC.

This Agreement for Construction Services (“Agreement”), is made and entered into this ___ day of ________, 2023, by and between the City of Eastvale, a California general municipal corporation organized under the laws of the State of California with its principal place of business at 12363 Limonite Ave., Suite 910, Eastvale, California (“City”) and Crosstown Electrical & Data, Inc. (“Contractor”).

SECTION 1. RECITALS
A. City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

B. Contractor is a professional contractor, experienced in providing pavement rehabilitation and overlay services and is familiar with the plans of the City.

C. City desires to engage Contractor to construct public improvements associated with the Traffic Signal Advanced Dilemma Zone Detection and Mitigation Project (CIP #92017) as set forth herein
D. Contractor has obtained, and delivers concurrently herewith PERFORMANCE

BOND, PAYMENT BOND, INSURANCE DOCUMENTS AND OTHER
CERTIFICATIONS as required by the Contract.

SECTION 2. INCORPORATION OF DOCUMENTS
This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto: Bid document for the Traffic Signal Advanced Dilemma Zone Detection and Mitigation Project (CIP #92017).

SECTION 3. SCOPE OF WORK
A. Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the Owner all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Traffic Signal Advanced Dilemma Zone Detection and Mitigation Project (CIP #92017), including all structures and facilities necessary for the Project or described in the Contract (hereinafter the "Work" or "Project"), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in the Exhibits attached hereto and incorporated herein by this reference. Special conditions, if any, relating to the Work are described in the Exhibits attached hereto and incorporated herein by this reference.
57 2
B. Change in Scope of Work Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance and in writing by a valid change order executed by the City.

SECTION 4. PERIOD OF PERFORMANCE AND LIQUIDATED DAMAGES Contractor shall perform and complete all Work under this Contract within 45 working days , beginning the effective date of the Notice to Proceed ("Contract Time"). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Since it is impractical and infeasible to determine the amount of actual damage, it is agreed that the Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of Fifteen Hundred Dollars ($1,500) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

SECTION 5. STANDARD OF PERFORMANCE
Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them.

Finally, Contractor represents that it, its employees and its subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, and that such licenses and approvals shall be maintained throughout the term of this Contract. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed on the Work.

SECTION 6. CONTROL AND PAYMENT OF SUBORDINATES; CONTRACTUAL

RELATIONSHIP
City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers' compensation insurance.

SECTION 7. CITY’S BASIC OBLIGATION
City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by the Contractor of the services 58 3
and obligations required by this Contract, the above referenced compensation in accordance with compensation provisions set forth in the Contract.

SECTION 8. COMPENSATION AND PAYMENT
A. Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of Eight Hundred Sixty Nine Thousand Six Hundred Eighty Six ($869,686.00) plus a 10% contingency of $86,969 for a total of $956,655.00 ("Total Contract Price") provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

B. Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein. On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. No progress payments will be made for Work not completed in accordance with this Contract.

SECTION 9. CONTRACT RETENTIONS
From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retainage shall be released and paid to the Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

SECTION 10. OTHER RETENTIONS
In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor's obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of the Contractor to maintain or submit on a timely basis, proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by the Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and 59 4
(11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.

SECTION 11. SUBSTITUTIONS FOR CONTRACT RETENTIONS
In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to the Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term "satisfactory completion of the contract" shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City.

SECTION 12. PAYMENT TO SUBCONTRACTORS
Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 10262 of the California Public Contract Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract.

SECTION 13. TITLE TO WORK
As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, and free and clear from any and all security interests, liens, or other encumbrances.

Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

SECTION 14. DISPUTE RESOLUTION
Any separate demand by Contractor for the payment of money or damages shall be resolved in accordance with Public Contract Code Sections 20104 et seq., if applicable.

SECTION 15. TERMINATION
This Contract may be terminated by City at any time by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to the Contractor in the amount necessary to offset City's resulting 60 5
damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause.

In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.

SECTION 16. COMPLETION OF WORK
When the Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract.

City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a re-inspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain. Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

SECTION 17. CITY’S REPRESENTATIVE
The City hereby designates the City Engineer, or his or her designee, to act as its representative for the performance of this Contract ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or here designee.

SECTION 18. CONTRACTOR’S REPRESENTATIVE
Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City ("Contractor's Representative"). Following approval by the City, the Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Contract. The Contractor's Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor's Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor's Representative, Contractor shall provide the information specified above and obtain the City's written approval.

SECTION 19. CONTRACT INTERPRETATION
Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City's Representative, whose decision shall be binding upon Contractor.
61 6
SECTION 20. LOSS AND DAMAGE
Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. However, Contractor shall be responsible for damage proximately caused by Acts of God, within the meaning of Section 4150 of the Government Code, only to the extent of five percent (5%) of the Total Contract Price as specified herein. In the event of damage proximately caused by "Acts of God," the City may terminate this Contract upon three (3) days advanced written notice.

SECTION 21. INDEMNIFICATION
A. Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or volunteers.

B. General Indemnification. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here 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. In the event Contractor fails to obtain such indemnity obligations from others are required here, 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 here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section.

SECTION 22. INSURANCE
Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds in excess of the limits and coverage required in this Agreement and which are applicable to a given loss, will be available to the City. Contractor shall provide the following types and amounts of 62 7
insurance:

A. Commercial General Liability Insurance using Insurance Services Office “Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate.

B. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor’s employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person.

C. Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease.

D. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages.

Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured’s liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Contractor, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Best rating of A or better and a minimum financial size VII.

E. General conditions pertaining to provision of insurance coverage by Contractor.

Contractor and City agree to the following with respect to insurance provided by Contractor:
(1) Contractor agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contractor also agrees to require all contractors, and subcontractors to do so likewise. (2) No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Consultant’s employees, or agents, from waiving the right of subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.
63 8
(3) All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.
(4) None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved in writing.
(5) No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or any contractor or subcontractor. (6) All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent. (7) Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contractor’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. (8) Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will “endeavor” (as opposed to being required) to comply with the requirements of the certificate. (9) It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City.
(10) Contractor agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
(11) Contractor agrees not to self-insure or to use any self-insured retention’s or deductibles on any portion of the insurance required herein except as disclosed to and approved by the City and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project 64 9
contemplated by this Agreement to self-insure its obligations to City. City expressly approves maintenance by the Contractor of a $100,000 deductible on its current Professional Liability insurance policy.
(12) The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City.
(13) For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. (14) Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
(15) Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement.

This obligation applies whether or not the Agreement is canceled or terminated for any reason.

Termination of this obligation is not effective until City executes a written statement to that effect. (16) Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.
(17). The provisions of any workers’ compensation or similar act will not limit the obligations of Contractor under this Agreement. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents.
(18) Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.
(19) These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such.
(20). The requirements in this Section supersede all other sections and provisions of this Agreement, except Exhibit “D” “Modifications to Contract Documents”, to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 65 10
(21) Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
(22) Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.

SECTION 23. BONDS
A. Performance Bond. If specifically requested by City in the Bidding Documents, attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

B. Payment Bond. If required by law or otherwise specifically requested by City in the Bidding Documents, attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

C. Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

D. Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 66 11
SECTION 24. SAFETY
Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed.

Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and life saving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

SECTION 25. WARRANTY
Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) Days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at his sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency.

In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor's obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work. Contractor shall perform such tests as the City may require verifying that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 67 12
SECTION 26. LAWS AND REGULATIONS
Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If the Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order.

If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, the Contractor shall be solely responsible for all costs arising there from. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

SECTION 27. PERMITS AND LICENSES
Contractor shall be responsible for securing, at its own expense, and paying for all permits and licenses necessary to perform the Work described herein.

SECTION 28. TRENCHING WORK
If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the Labor Code, including Section 6705. To this end, Contractor shall submit for City's review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

SECTION 29. HAZARDOUS MATERIALS AND DIFFERING CONDITIONS As required by Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

SECTION 30. UNDERGROUND UTILITY FACILTIES
To the extent required by Section 4215 of the Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities. 68 13
SECTION 31. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), the Davis-Bacon Act of 1931 and 23 USC 113, which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Contractor agrees to fully comply with such Prevailing Wage Laws.

SECTION 32. APPRENTICEABLE CRAFTS
When Contractor employs workmen in an apprenticed craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticed occupations shall be with Contractor.

SECTION 33. HOURS OF WORK
Contractor is advised that eight (8) hours labor constitutes a legal day's work. Pursuant to Section 1813 of the Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

SECTION 34. PAYROLL RECORDS
In accordance with the requirements of Labor Code Section 1776, Contractor shall keep accurate payroll records which are either on forms provided by the Division of Labor Standards Enforcement or which contain the same information required by such forms. Responsibility for compliance with Labor Code Section 1776 shall rest solely with Contractor, and Contractor shall make all such records available for inspection at all reasonable hours.

SECTION 35. CONTRACTOR’S LABOR CERTIFICATION
By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit "C" and incorporated herein by reference, shall be executed simultaneously with this Contract.

SECTION 36. LABOR AND MATERIAL RELEASES
Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the work governed by this Contract prior to final payment by City.

SECTION 37. EQUAL OPPORTUNITY EMPLOYMENT
Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the state or Federal Constitutions. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 69 14
SECTION 38. ANTI-TRUST CLAIMS
This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, the Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to the Contractor, without further acknowledgment by the parties.

SECTION 39. NOTICES
All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CITY CONTRACTOR
City of Eastvale Crosstown Electrical & Data, Inc.
12363 Limonite Ave., Suite910 5454 Diaz St.

Eastvale, CA 91752 Irwindale, CA 91706
Attn: Jimmy Chung, City Engineer Attn: David P. Heermance, President Any notice so given shall be considered received by the other party three (3) days after deposit in the U.S. Mail as stated above and addressed to the party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

SECTION 40. ENTIRE CONTRACT; MODIFICATION
This Agreement, including the attached Exhibits “A” through “F”, the advertised bid documents, associated addendas, is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreement or understandings, whether oral or written, or entered into between Contractor and City prior to the execution of the agreement. No prior statements, representations or other agreements, whether oral or written, made by any parties which are not embodied herein shall be valid and binding. No amendment to this Agreement shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.

SECTION 41. TIME IS OF THE ESSENCE
Time is of the essence in the performance of this Contract.

SECTION 42. ASSIGNMENT FORBIDDEN
Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee. 70 15
SECTION 43. GOVERNING LAW
This Contract shall be governed by the laws of the State of California.

SECTION 44. COUNTERPARTS
This Contract may be executed in counterparts, each of which shall constitute an original.

SECTION 45. SUCCESSORS
The parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

SECTION 46. ATTORNEYS’ FEES
If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such action shall be entitled to have and recover from the losing party reasonable attorneys' fees and all other costs of such action.

SECTION 47. CLAIMS OF $375,000 OR LESS
Notwithstanding any other provision herein, claims of $375,000 or less shall be resolved pursuant to the alternative dispute resolution procedures set forth in Public Contracts Code 20104, et seq.

SECTION 48. PROHIBITED INTERESTS
A. Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

B. Conflict of Interest. For the term of this Contract, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising there from.

SECTION 49. CERTIFICATION OF LICENSE
Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor's license of the classification indicated below under Contractor's signature.

IN WITNESS WHEREOF, each of the parties has caused this Contract to be executed on the day and year first above written.
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CITY OF EASTVALE CROSSTOWN ELECTRICAL & DATA, INC.

By: _________________________ By: _________________________ Signature Signature
_________________________ _________________________
Name Name
_________________________ _________________________
Title Title
Attest: Attest:
_________________________ _________________________
City Clerk Secretary
_________________________
Classification of Contractor’s License
_________________________
Contractor’s License Number
72 EXHIBIT "A" PLANS AND SPECIFICATIONS
The following plans and specifications are incorporated into this Contract herein by this reference:

The work for which this proposal is submitted is for construction in conformance with these bid documents, including any addenda thereto, the contract annexed hereto, and also in conformance with the 2018 Edition of the Standard Specifications for Public Works Construction (Standard Specifications), Riverside County Transportation Department Improvement Standards and Specifications, latest edition, County Ordinance No. 461 and subsequent amendments, the California Department of Transportation Standard Plans and Specifications, 2018 Edition (State Standard) and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished.

The Plans and Specifications for the work are as follows:
 Advertised bid documents and associated Addendas for:
73 EXHIBIT "B" BID PROPOSAL
The following Bid Proposal from (Contractor’s name) are incorporated into this Contract. [INSERT BID PROPOSAL]
74 EXHIBIT "C" SPECIAL CONDITIONS
Standard Erosion and Sediment Control Plan Notes:

1. Dust control shall conform to Section 10, “Dust Control”, Section 7-1.01F, “Air Pollution Control”, Section 17, “Watering”, and Section 18 “Dust Palliative” of the State Standard Specifications, Rules no. 401, 402, 403 and 403.1 of the South Coast Air Quality Management District (AQMD), Riverside County Code, Chapter 8.52, “Fugitive Dust Reduction Program For Coachella Valley”, all other applicable Federal and State laws, and the requirements set forth herein.

2. The Contractor is cautioned that failure to control fugitive dust may result in fines being levied by the South Coast Air Quality Management District to both the Contractor and the City of Eastvale, as owner. The Contractor shall be fully responsible for payment of all fines pertaining to air pollution control violations, resulting from Contractor’s operations related to the construction contract, which may be levied against both the Contractor and the City of Eastvale by the AQMD or other regulatory agencies. The Contractor’s attention is directed to Section 7-1.01, “Laws to be Observed” of the State Standard Specifications.

The cost of all fines levied against the City of Eastvale will be deducted from any moneys due or which may become due to the Contractor, unless other payment arrangements are made by the Contractor.

3. Dust control of all of the contractor’s operations is required 24 hours per day, 7 days a week for the duration of the contract, and until the disturbed soil is permanently stabilized.

The Contractor shall take every precaution to prevent emissions of fugitive dust from the project site, from locations of stockpiled materials, from unpaved driving surfaces, from haul vehicles, from inactive construction areas, and from all other operations of the Contractor. The Contractor shall plan for and carry out proper and efficient measures to prevent his operations from producing dust in amounts damaging to property or which constitute a public nuisance, or which cause harm to person living or working in the vicinity of the work. Of particular concern are emissions of PM10 particles, which are fine particulate matter of 10 microns or less and which are associated with sickness and death from respiratory disease.

4. The Contractor shall respond to complaints by mobilizing equipment and personnel at the construction site within 2 hours of each complaint to control fugitive dust.

5. Attention is directed to AQMD Rule 403.1, which applies to all contracts within the City of Eastvale. That AQMD Rule requires the Contractor to take specified dust control actions when prevailing wind speeds exceed 25 miles per hour. Wind forecasts, AQMD Rules and other related information are provided by AQMD at 1-800-CUT-SMOG and at www.aqmd.gov.

6. The Contractor shall utilize the “Best Available Control Measures” of controlling fugitive dust, as prepared by the AQMD. However, if fugitive dust crosses the project boundary, more effective control measures, including the “Best Available Control Measures” shall be implemented.

7. A site specific fugitive dust control plan shall be submitted to the City Engineer for review and approval at least 10 days prior to the start of construction.

8. The fugitive dust control plan shall include the “Reasonably Available Control Measures” and “Best Available Control Measures” of controlling fugitive dust, as may be appropriate and necessary, including by not limited to watering, application of chemical dust 75 20
suppressants, wind fencing, covering of haul vehicles, haul vehicle bed-liners, grading, planting of vegetation, the use of a 24 hour environmental observer, and track-out controls at locations where unpaved construction accesses intersect with paved roads. The use of chemical stabilizers, which are approved by all environmental regulatory agencies, and the use of reclaimed water is encouraged. If water is intended as a primary dust control tool, the dust control plan shall provide for at least one 2,000 gallon water truck for every 4 acres of disturbed soil, unless otherwise approved by the City Engineer.

9. If the Project Inspector determines that the project scope and the forecasted weather conditions are such that the Contractor’s work is unlikely to be a source of dust emissions, the Construction Engineer has the authority to waive the requirements for submittal of a dust control plan and for placement of the dust control signs described herein. However, the Contractors responsibilities for the control of fugitive dust and the other requirements of this section may not be waived.

10. A completion notice will not be filled, and the final payment will not be made to the Contractor until the areas of disturbed soil on the construction site, including roadway shoulders, are suitable stabilized for long term control of fugitive dust.

11. This signature of the Contractor on the Proposal constitutes acknowledgement by the Contractor of the dust control enforceability of those requirements.

12. Full compensation for conformance with these dust abatement requirements, including lab equipment and materials, developing water supply and incidentals, shall be considered as included in items of work, and no additional compensation will be allowed therefore.

13. The successful Contractor shall attend an AQMD PM10 Dust Control Program training session, and furnish evidence of attendance to the City Engineer. Attendance at AQMD training seminars can be scheduled the AQMD at 1-866-861-DUST or by email to [email protected]. Current AQMD certification of previous attendance will be accepted. At that training session, the successful Contractor will be furnished with the AQMD prepared Rule 403 and Rule 403.1 implementation handbooks, which include the Best Available Control Measures” and “Reasonably Available Control Measures”, and other associated information, including a listing of suggested dust control related to devices, material and chemicals.

14. Any days on which the Contractor is prevented from working, due to the requirements of AQMD Rules, will be considered as non-working days, in accordance with Section 8-1.06, “Time of Completion” of the State Standard Specification. 76 EXHIBIT "D" CERTIFICATION LABOR CODE-SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700 et seq. of the Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.
[INSERT CONTRACTOR'S NAME]
By:
[INSERT NAME]
[INSERT TITLE]
77 EXHIBIT “E” CONTRACT MODIFICATIONS
None
78 EXHIBIT “F” SUPPLEMENTAL REQUIREMENTS
[INSERT ANY OTHER FORMS/PROVISION]
79 24

FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:

THAT, WHEREAS, THE CITY OF EASTVALE, hereinafter designated as the “City”, entered into a Contract dated ____________________________________, 20__, with ________________________________________________ hereinafter designated as the “Contractor” for the work described as follows:
______________________________ Project
WHEREAS, the said Contractor is required under terms of said Contract to furnish a bond for the faithful performance of said Contract;
WHEREAS, the Contract is by reference made a part hereof; NOW, THEREFORE, we, ________________________________________________ the undersigned Contractor, as Principal, and ____________________________________ (corporate surety), a corporation organized and existing under the laws of the State of ________________________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of __________________________________ dollars ($___________________), lawful money of the United States, said sum being not less than one hundred (100) percent of the total Contract amount, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, THAT, if the above bounded Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the said Contract and any alterations thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.

As a condition precedent to the satisfactory completion of the said Contract, the above obligation in said amount shall hold good for a period of one (1) year after the completion and acceptance of the said work, during which time if the above bounded Contractor, his or its heirs, executors, administrators, successors or assigns shall fail to make full, complete, and satisfactory repair and replacements or totally protect the City from loss or damage made evident during said period of one year from the date of acceptance of said work, and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, the above obligation in the said sum shall remain in full force and effect. However, anything in this paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Contractor remains.

And the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder 80 25
or the specifications accompanying the same shall, in any way, affect its obligations on this bond and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including reasonable attorney’s fees to be fixed by the Court.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of _______________________, 20__.
____________________________________ ____________________________________ Name of Surety Contractor
By:_________________________________
Title: _______________________________
____________________________________
Mailing Address of Surety and
_____________________________________ By:_________________________________ Telephone No. of Surety Title: _______________________________ By: _________________________________
Attorney in Fact
NOTE: If Contractor is Partnership, all parties must execute Bond.

IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in California.

NOTICE: The signature of the Surety on this bond must be acknowledged before a notary public, and this bond must be accompanied by evidence of the signatory’s appointment as attorney in fact and authority to bind the Surety.

MANDATORY: The Surety shall be authorized and licensed by the California Insurance Commissioner as an “admitted surety insurer.” (See Cal. Code Civ. Proc. § § § 995.310, 995.311, 995.320) APPROVAL: Bonds must be approved by the City. In order to verify the status of the Surety as an admitted surety, the Surety shall provide the City with at least one of the following: (1) a print-out of information from the web-site of the Department of Insurance confirming the Surety is an admitted surety insurer and attaching it to the bond; or (2) a certificate from the Riverside County Clerk that the certificate of authority of the Surety has not been surrendered, revoked, cancelled, annulled or suspended and confirming that the Surety is an admitted surety and attaching the certificate to the bond. (See Cal. Code Civ. Proc. Code § 995.311). 81 PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:

THAT, WHEREAS, THE CITY OF EASTVALE, hereinafter designated as the “City”, has awarded to _______________________________________________, hereinafter designated as the “Contractor” a Contract for the work described as follows:
_________________________________ Project
WHEREAS, the Contractor is required by the Contract and by the provisions of Division Third, Part 4, Title 15, Chapter 7 of the Civil Code to furnish a bond in connection with the Contract, as hereinafter set forth.

NOW, THEREFORE, we, ________________________________________________, the undersigned Contractor, as Principal, and ______________________________________, a corporation organized and existing under the laws of the State of ______________________ duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the ________________________ in the sum of _____________________ dollars ($____________________) said sum being not less than one hundred (100) percent of the total Contract amount payable by the city, under the terms of the Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, THAT, if the Contractor, his or its heirs, executors, administrators, successors and assigns or subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams, implements or machinery used in, upon, for or about the performance of the work contracted to be done, or shall fail to pay for any work or labor thereon of any kind, or shall fail to pay any persons named in Civil Code section 3181, or shall fail to pay for amounts due under the Unemployment Insurance Code with respect to such work or labor as required by the provisions of Division Third, Part 4, Title 15, Chapter 7 of the Civil Code, or shall fail to pay for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work or labor, and provided that the claimant shall have complied with the provisions of that Code, the Surety or Sureties hereon will pay for the same in amount not exceeding the sum specified in the Contract, otherwise the above obligation shall be void. In case suit is brought upon this bond, the Surety will pay all court costs, expenses and reasonable attorney’s fee to the prevailing party to be fixed by the court.

This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 3181 of the Civil Code, so as to give a right of action to them or to their assigns in any suit brought upon this bond.

And the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contractor to the work or to the specifications.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _________ day of ___________________________, 20__.
82 27
____________________________________ ____________________________________ Name of Surety Contractor
By:_________________________________
Title: _______________________________
____________________________________
Mailing Address of Surety and
_____________________________________ By:_________________________________ Telephone No. of Surety Title: _______________________________ By: _________________________________
Attorney in Fact
NOTE: If Contractor is Partnership, all parties must execute Bond.

IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in California.

MANDATORY: The Surety shall be authorized and licensed by the California Insurance Commissioner as an “admitted surety insurer.” (See Cal. Code Civ. Proc. § 995.311) APPROVAL: Bonds must be approved by the City. In order to verify the status of the Surety as an admitted surety, the Surety shall provide the City with at least one of the following: (1) a print-out of information from the web-site of the Department of Insurance confirming the Surety is an admitted surety insurer and attaching it to the bond; or (2) a certificate from the Riverside County Clerk that the certificate of authority of the Surety has not been surrendered, revoked, cancelled, annulled or suspended and confirming that the Surety is an admitted surety and attaching the certificate to the bond. (See Cal. Code Civ. Proc. Code § 995.311). 83 84
85 86
87 88
89 90
91 92
93 94
95 96
97 98
99 Statutory Exemptions. State code number:
_______________________________________________
Print Form
Notice of Exemption Appendix E
From: (Public Agency): ____________________________ To: Office of Planning and Research P.O. Box 3044, Room 113 _______________________________________________ Sacramento, CA 95812-3044 County Clerk
(Address)
___________________________
___________________________
County of: __________________
Project Title: ____________________________________________________________________________ Project Applicant: ________________________________ ________________________________________ Project Location - Specific:

Project Location - City: ______________________ Pro ject Location - County:

Description of Nature, Purpose and Beneficiaries of Project:
_____________________
Name of Public Agency Approving Project: __________ ___________________________________________ Name of Person or Agency Carrying Out Project: ____ ____________________________________________ Exempt Status: (check one):

Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Reasons why project is exempt:

Lead Agency
Contact Person: ____________________________ Area Code/Telephone/Extension: _______________ If filed by applicant:
Attach certified document of exemption finding.
Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: ____________________________ Date:
6LJQHG E\ /HDG $JHQF\ 6LJQHGE\ $SSOLFDQW
Authority cited: Sections 21083 and 21110, Public R esources Code. Date Received for filing at OPR:

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________
Categorical Exemption. State type and section number: ____________________________________ ______________________________________________
______________ Title: _______________________
Revised 2011
Sixteen intersections in Eastvale, California along Hamner Avenue, Limonite Avenue, Archibald Avenue, and Schleisman Road. See attached list of intersections in Table 1 below.

City of Eastvale
12363 Limonite Avenue, Suite 910
Eastvale, CA 91752
Riverside
4080 Lemon Street, 1st Floor
Riverside, CA 92501
Highway Safety Improvement Program (HSIP) Cycle 10 Traffic Signal Dilemma Zone Detection and Mitigation Project City of Eastvale
City of Eastvale Riverside
HSIP Cycle 10 Project – HSIPSL-5486 (010), City Project # 92017: Under HSIP Cycle 10, this Project proposes to implement Advance Dilemma Zone detection at sixteen existing signalized intersections along the City's major corridors. These improvements would improve safety for motorists approaching these intersections. These sixteen intersections were identified as locations with higher rear-end collisions based on a Systemic Safety Analysis Report (SSAR) developed by the City.

City of Eastvale
Jimmy Chung, City Engineer
X Class 1(c), Section 15301 Existing Facilities
See Attachment A. The Project is exempt per applicable provisions of CEQA Guidelines Section 15301.

Jimmy Chung, City Engineer 951.703.4473
6/21/2022 City Engineer
■
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TABLE 1: PROJECT INTERSECTIONS

INTERSECTION NUMBER INTERSECTION
1 HAMNER AVE AND LIMONITE AVE
2 EASTVALE GTWY AND LIMONITE AVE
3 ARCHIBALD AVE AND SCHLEISMAN RD
4 ARCHIBALD AVE AND LIMONITE AVE
5 HAMNER AVE AND SCHLEISMAN RD
6 HARRISON AVE AND SCHLEISMAN RD
7 SUMNER AVE AND LIMONITE AVE
8 SUMNER AVE AND SCHEISMAN RD
9 I-15 RAMPS AND LIMONITE AVE
10 HAMNER AVE AND SWAN LAKE AVE
11 HAMNER AVE AND BELLEGRAVE AVE
12 LIMONITE AVE AND STARBUCKS DWY
13 HAMNER AVE AND 68TH ST
14 HARRISON AVE AND LIMONITE AVE
15 HAMNER AVE AND AMBERHILL AVE
16 ARCHIBALD AVE AND 65TH ST
101

ATTACHMENT A
Eastvale - HSIP Cycle 10 Traffic Signal Dilemma Zon e Detection and Mitigation Project Page 1 CEQA Categorical Exemption Attachment A June 2022

ATTACHMENT A

BACKGROUND, PROJECT DESCRIPTION, AND JUSTIFICATION FOR CEQA EXEMPTION

1.0 PROJECT BACKGROUND
In 2020, the City of Eastvale (City) Public Works Department responded to Caltrans’ Highway Safety Improvement Program (HSIP) Cycle 10 funding call for projects, and submitted an application requesting consideration of funding to install advanced dilemma zone detection systems and associated equipment at 16 signalized intersections throughout the City. HSIP funding has been programmed for the City’s grant application under project number HSIPSL-5486 (010).

2.0 PROJECT DESCRIPTION
The City is the lead agency for the proposed HSIP-funded project (herein referred to as Project) to increase the safety at 16 signalized intersections along major corridors within the City. This Project is State-funded as part of HSIP Cycle 10. Proposed improvements at the 16 Project intersections would include the installation of advanced dilemma zone detection sys tem and associated equipment in existing traffic signal cabinets, and modification of signal timing to improve safety.

City of Eastvale and Caltrans design standards will be utilized for Project facilities. Construction activities would include temporary closure of roadway shoulder s, and installation of advanced dilemma zone detection equipment, as described below. Ground disturbance at all 16 intersections would be limited to within the existing right-of-way and no excavation is anticipated. The description of proposed improvements provided below is based upon the detai ls provided in the Design Plans and observations made during site visits.

Proposed Improvements and Traffic Control Equipment Upgrades The City of Eastvale is improving safety and operability through the implementation of Advance Dilemma Zone detection to 16 existing signalized intersections. A Systemic Safety Analysis Report (SSAR) was previously conducted to evaluate the City’s existin g roadway system and recommendations were made of potential signal system upgrades. The findings o f the SSAR were ultimately used to request funds through Caltrans’ HSIP Cycle 10. The SSAR identifie d high-risk intersections by analyzing collision da ta collected over a five-year period spanning from Janu ary 1, 2015 to December 31, 2019. Based on the collision data, intersections that had five or more rear-end collisions were identified as potential candidates to implement countermeasures. The 16 intersections associated with the Project meet these criteria. The Project would include the following s ignal hardware component improvements needed to enhance roadway safety. See Table 1: Proposed Improvements at Each of the Project Intersections . 102

ATTACHMENT A
Eastvale - HSIP Cycle 10 Traffic Signal Dilemma Zon e Detection and Mitigation Project Page 2 CEQA Categorical Exemption Attachment A June 2022
Table 1
Proposed Improvements at Each of the Project Intersections Intersection
Number Intersection Proposed Intersection Improvements
1 HAMNER AVE AND LIMONITE AVE
Install hybrid dilemma zone
detection/vehicle detection camera,
interface unit for detection camera, and
Type 2070 controller and software
2 EASTVALE GTWY AND LIMONITE AVE
Install hybrid dilemma zone
detection/vehicle detection camera,
interface unit for detection camera, and
Type 2070 controller and software
3 ARCHIBALD AVE AND SCHLEISMAN RD
Install hybrid dilemma zone
detection/vehicle detection camera,
interface unit for detection camera, and
Type 2070 controller and software
4 ARCHIBALD AVE AND LIMONITE AVE
Install hybrid dilemma zone
detection/vehicle detection camera,
interface unit for detection camera, and
Type 2070 controller and software
5 HAMNER AVE AND SCHLEISMAN RD
Install hybrid dilemma zone
detection/vehicle detection camera,
interface unit for detection camera, Type
2070 controller and software
6 HARRISON AVE AND SCHLEISMAN RD
Install hybrid dilemma zone
detection/vehicle detection camera,
interface unit for detection camera, and
Type 2070 controller and software
7 SUMNER AVE AND LIMONITE AVE
Install hybrid dilemma zone
detection/vehicle detection camera,
interface unit for detection camera, and
Type 2070 controller and software
8 SUMNER AVE AND SCHEISMAN RD
Install hybrid dilemma zone
detection/vehicle detection camera,
interface unit for detection camera, and
Type 2070 controller and software
9 I-15 RAMPS AND LIMONITE AVE
Install hybrid dilemma zone
detection/vehicle detection camera, and
interface unit for detection camera
10 HAMNER AVE AND SWAN LAKE AVE
Install hybrid dilemma zone
detection/vehicle detection camera,
interface unit for detection camera, and
Type 2070 controller and software
103

ATTACHMENT A
Eastvale - HSIP Cycle 10 Traffic Signal Dilemma Zon e Detection and Mitigation Project Page 3 CEQA Categorical Exemption Attachment A June 2022
Table 1
Proposed Improvements at Each of the Project Intersections Intersection
Number Intersection Proposed Intersection Improvements
11 HAMNER AVE AND BELLEGRAVE AVE
Install hybrid dilemma zone
detection/vehicle detection camera,
interface unit for detection camera, and
Type 2070 controller and software
12 LIMONITE AVE AND CLOVERDALE

MARKETPLACE
Install hybrid dilemma zone
detection/vehicle detection camera,
interface unit for detection camera, and
Type 2070 controller and software
13 HAMNER AVE AND 68TH ST
Install hybrid dilemma zone
detection/vehicle detection camera,
interface unit for detection camera, and
Type 2070 controller and software
14 HARRISON AVE AND LIMONITE AVE
Install hybrid dilemma zone
detection/vehicle detection camera,
interface unit for detection camera, and
Type 2070 controller and software
15 HAMNER AVE AND AMBERHILL AVE
Install hybrid dilemma zone
detection/vehicle detection camera,
interface unit for detection camera, and
Type 2070 controller and software
16 ARCHIBALD AVE AND 65TH ST
Install hybrid dilemma zone
detection/vehicle detection camera,
interface unit for detection camera, and
Type 2070 controller and software
Refer to Figure 1 , which depicts all the Project intersection locations.

Surrounding Development
Based on observations made during multiple site visits, the Project intersections are all within developed portions of the City and are surrounded by commerci al, residential, warehousing, recreational, vacant, and institutional land uses.
104

ATTACHMENT A
Eastvale - HSIP Cycle 10 Traffic Signal Dilemma Zon e Detection and Mitigation Project Page 4 CEQA Categorical Exemption Attachment A June 2022
Figure 1
105

ATTACHMENT A
Eastvale - HSIP Cycle 10 Traffic Signal Dilemma Zon e Detection and Mitigation Project Page 5 CEQA Categorical Exemption Attachment A June 2022
Existing Conditions
The traffic signal hardware at the project intersec tions is consistent with current agency standards a nd requirements. All existing traffic signal poles, ma st arms, and cabinets will be maintained and protec ted in place. The proposed project would not impact abo ve ground or underground infrastructure. The proposed project will replace existing video detect ion cameras and controller equipment located within existing cabinets.

Project Operations
The Project would install new hardware to improve safety by installing advanced dilemma zone detection system and associated equipment in existing traffic signal cabinets to modify signal timing to improve safety for motorists approaching the intersections.

3.0 REASONS WHY THE PROJECT IS EXEMPT
The Project is exempt from CEQA under one categorical exemption.

Categorical Exemptions
Class 1 (CEQA Guidelines 15301): Existing Structures
Class 1 consists of the operation, repair, maintena nce, permitting, leasing, licensing, or minor alter ation of existing public or private structures, facilitie s, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The types of “existing facilities” ite mized below are not intended to be all-inclusive of the types of projects which might fall within Class 1. The key consideration is whether the project involves negligible or no expansion of use. Examples include but are not limited to:
x Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances;
x Existing facilities of both investor and publicly o wned utilities used to provide electric power, natural gas, sewerage, or other public utility services; x Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purp ose of public safety), and other alterations such as the addition of bicycle facilities, including bu t not limited to bicycle parking, bicycle-share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes) ; x Restoration or rehabilitation of deteriorated or da maged structures, facilities, or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environ mental hazard such as earthquake, landslide, or flood;
x Additions to existing structures provided that the addition will not result in an increase of more than:
106

ATTACHMENT A
Eastvale - HSIP Cycle 10 Traffic Signal Dilemma Zon e Detection and Mitigation Project Page 6 CEQA Categorical Exemption Attachment A June 2022
o 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or
o 10,000 square feet if:
The project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan, and The area in which the project is located is not environmentally sensitive. x Addition of safety or health protection devices for use during construction of or in conjunction with existing structures, facilities, or mechanical equipment, or topographical features including navigational devices;
x New copy on existing on and off-premise signs;
x Maintenance of existing landscaping, native growth, and water supply reservoirs (excluding the use of pesticides, as defined in Section 12753, Division 7, Chapter 2, Food and Agricultural Code); x Maintenance of fish screens, fish ladders, wildlife habitat areas, artificial wildlife waterway devices, streamflows, springs and waterholes, and stream channels (clearing of debris) to protect fish and wildlife resources;
x Fish stocking by the California Department of Fish and Game; x Division of existing multiple family or single-fami ly residences into common-interest ownership and subdivision of existing commercial or industria l buildings, where no physical changes occur which are not otherwise exempt;
x Demolition and removal of individual small structures listed in this subdivision; (1) One single-family residence. In urbanized areas , up to three single-family residences may be demolished under this exemption.
(2) A duplex or similar multifamily residential structure. In urbanized areas, this exemption applies to duplexes and similar structures where not more than six dwelling units will be demolished. (3) A store, motel, office, restaurant, and similar small commercial structure if designed for an occupant load of 30 persons or less. In urbanized a reas, the exemption also applies to the demolition of up to three such commercial buildings on sites zoned for such use. (4) Accessory (appurtenant) structures including ga rages, carports, patios, swimming pools, and fences.
x Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources.
x Conversion of a single family residence to office use. x Installation, in an existing facility occupied by a medical waste generator, of a steam sterilization unit for the treatment of medical waste generated b y that facility provided that the unit is 107

ATTACHMENT A
Eastvale - HSIP Cycle 10 Traffic Signal Dilemma Zon e Detection and Mitigation Project Page 7 CEQA Categorical Exemption Attachment A June 2022
installed and operated in accordance with the Medical Waste Management Act (Section 117600, et seq., of the Health and Safety Code) and accepts no offsite waste. x Use of a single-family residence as a small family day care home, as defined in Section 1596.78 of the Health and Safety Code.

Justification why Project is Exempt: The Project would consist of replacement and minor alternations to the existing traffic infrastructure that would impr ove traffic safety. Additionally, the Project would not involve expansion from the existing Project site. Therefore, the Project would be exempt from CEQA under a Class 1 categorical exemption.
108
A- 2022- 054

AGREEMENT FOR ON - CALL PROFESSIONAL SERVICES
CONSTRUCTION MANAGMENET AND SUPPORT; CONSTRUCTION INSEPCTION SERVICES]
This Agreement for On - Call Professional Services (" Agreement') is entered into as of this 29 day of Vflt , 2022 by and between the City of Eastvale, a municipal corporation (" City") and Dudek (" 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.

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.

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 Construction Management and Support, and Construction Inspection 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. 1 -
109
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 seven ( 7) 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) Construction Management and Support; and ( 2) Construction Inspection 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 detailed by the following categories: labor, travel, materials, equipment and supplies. If the 2-
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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.

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 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 3-
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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.

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 work, services, 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 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 4-
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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 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 5-
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this section.

SECTION 11. PREVAILING WAGE LAWS
It is the understandingof City and Contractorthat California prevailingwage 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, religiouscreed, color, nationalorigin, ancestry, physicaldisability, mentaldisability, 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 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 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. 114
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.

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 discoveryrequest, court order or subpoenafrom any party regardingthis Agreementand 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 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 IVA
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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 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. Notwithstanding the foregoing, to the extent that the Consultant' s services are subject to California Civil Code Section 2782.8, the above indemnity, including the cost to defend, shall be limited to the extent required by Civil Code Section 2782. 8.
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 part of this Agreement. All insurance policies shall be subject to approval by City as to form am
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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.

In the event that Contractor is in default under the terms of this Agreement, the WE
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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: City Manager
12363 Limonite Ave., Suite 910
Eastvale, CA 91752
To Contractor: Dudek
Attn: George Litzinger
1645 S. Rancho Santa Fe Rd. # 201
San Marcos, CA 92078
Copy: Dudek
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605 31d Street
Encinitas, CA 92024
Attn: Legal Dept.

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 26. 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 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 11-
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provision of this Agreement. Acceptance by City of any work or services 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.

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.

ATTEST:

W
Marc Donohue
City Clerk
02; w. 00" I I& COMOPOt41
Erica Vega
City Attorney

CITY OF EASTVALE
xxod"__
Henry G
Interim City Manager
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O
V .
a r 1 r ' i t
122
Dudek
By: P.AA fh. =
Name:

Its: ris me Moore
Chief Financial icer
Dudek
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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CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
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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 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 C- 1
126
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:

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
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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.

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ACORO® CERTIFICATE OF LIABILITY INSURANCE 8/ 28/ 2022

OATE( MMMD/ YYYY)
1 5/ 12/ 2022
THIS CERTIFICATEIS ISSUEDAS A MATTEROF INFORMATIONONLY AND CONFERSNO RIGHTSUPONTHE CERTIFICATEHOLDER. THIS

CERTIFICATEDOES NOT AFFIRMATIVELYOR NEGATIVELYAMEND, EXTENDOR ALTER THE COVERAGEAFFORDEDBY THE POLICIES BELOW. THIS CERTIFICATEOF INSURANCEDOES NOT CONSTITUTEA CONTRACTBETWEENTHE ISSUINGINSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If thecertificateholderIs anADDITIONALINSURED, thepolicy(ies) musthaveADDITIONALINSUREDprovisionsor beendorsed.

If SUBROGATIONISWAIVED, subjectto thetermsandconditionsof the policy, certainpoliciesmayrequireanendorsement. A statementon this certificate does not confer rights to the certificate holder In lieu of such endorsements .

PRODUCERLockton Companies CONTACT
444 W. 47th Street, Suite 900
Kansas City MO 64112- 1906
816) 960- 9000
PHONE F"
N
E dAIL
INSURERS AFFORDING COVERAGE NAIL 11kctsu@Iockton. com
INSURERA: Zurich American Insurance Company 16535

INSURED
DUDEK INSURERB : Continental Casualty Coml2any 204431475838 605 THIRD STREET INSURERC : American Guarantee and Liab. Ins. Co. 26247 ENCINITAS CA 92024 INSURER D :

INSURER E
INSURER F :

GUVtKAGt5 CERTIFICATE NUMRFR- 1 QS 1 Q141 DCvletnu ett Unae. vvvvvvv JA6QAAA

THISISTOCERTIFYTHATTHEPOLICIESOFINSURANCELISTEDBELOWHAVEBEENISSUEDTOTHEINSUREDNAMEDABOVEFORTHEPOLICYPERIOD INDICATED. NOTWITHSTANDINGANYREQUIREMENT, TERMORCONDITIONOFANYCONTRACTOROTHERDOCUMENTWITHRESPECTTO WHICHTHIS

CERTIFICATEMAYBEISSUEDORMAYPERTAIN, THEINSURANCEAFFORDEDBYTHEPOLICIESDESCRIBEDHEREINIS SUBJECTTO ALLTHETERMS, EXCLUSIONSAND CONDITIONSOF SUCHPOLICIES. LIMITSSHOWNMAYHAVEBEENREDUCEDBY PAIDCLAIMS.

ILTR
NSR

TYPE OF INSURANCE

ADDL SUB
im POLICY NUMBER

POLICY EFF POLICY EXP
LIMITS

A X COMMERCIAL GENERAL LIABILITY

CLAIMS - MADE OCCUR
Y Y GL00146311 8/ 28/ 2021 8/ 28/ 2022 EACH OCCURRENCE S 000000 RE lS S
GE R D
e qs" rrencel s 100, 000
MED EXP ( Any oneperson) S 10, 000
PERSONAL & ADV INJURY S 1,000, 000I
AGGREGATE LIMIT APPLIES PER:

POLICY
PRO-
JECT f7X LOC
GENERAL AGGREGATE S 2, 000, 000GEN' L
i PRODUCTS - COMPIOPAGG S 2, 000, 000
SOTHER: I

A AUTOMOBILE LIABILITY

X ANYAUTO

OWNED SCHEDULED

AUTOS ONLY AUTOS

HIRED NON - OWNED

AUTOS ONLY AUTOS ONLY
Y Y BAP0146329 i 8/28/2021
f
8/ 28/ 2022 COMBINED tNGLE LIMIT
Es accident) 1,000, 000
BODILY INJURY ( Per person) S XXXXXXX
BODILY INJURY ( Per accident) XX( X(

PROPERTY DAMAGE
Per accident) S XXXXXXX
s XXXXXXX
C X UMBRELLA UAB OCCUR Y Y AUC0146407 18/28/2021 8/ 28/ 2022 EACH OCCURRENCE S I OOO 000 EXCESS LlAB CLAIMS MADE AGGREGATE S 1, 000, 000

DED RETENTIONS S XXX XXX
A

WORKERS COMPENSATION

AND EMPLOYERS' LIABIUTY Y / N

ANY PROPRIETOR/ PARTNER/ EXECUTIVE

OFFICER/ MEMBER
In
ER EXCLUDED? N
tdyaendatoryIn NH}
DESCRIPTION OF OPERATIONS below
doscribo under
NIA
Y WC0146330
3 8/ 28/ 2021 8/ 28/ 2022
PER OTH.

ER
E. L. EACH ACCIDENT
E. L. DISEASE - EA EMPLOYEE
S_] 000s_
S .1.000.000If ______.

E.L. DISEASE - POLICYLIMIT S 1, 000, 000

B PROFESSIONAL

LIABILITY
N N EEH591932835 INCL POLL 8/ 28/ 2021 8/ 28/ 2022 PER CLAIM $ 2, 000, 000 AGGREGATE S2, 000, 000
DESCRIPTIONOFOPERATIONSILOCATIONSIVEHICLES (ACORD101, AddttlonalRemarksSchedule, maybeattachedItmorespaceisrequired) ALL OPERATIONS; GENERALLIABILITYANDAUTOLIABILITYAREPRIMARYAND NON-CONTRIBUTORY. CERTIFICATEMOLDERISINCLUDEDASAN ADDITIONAL INSURED ON THE GENERAL LIABILITY, UMBRELLA, AND AUTO LIABILITY POLICIES. WAIVER OF SUBROGATIONIN FAVOROF THE ADDITIONAL INSURED ON THE GENERAL LIABILITY, UMBRELLA, AUTO LIABILITY, AND WORKER'S COMPENSATION POLICIES. 30 DAY NOTICE OF CANCELLATION APPLIES, 10 DAYS NOTICE FOR NON- PAYMENT OF PREMIUM. 18518757
City of Eastvale
12363 Limonite Avenue, Suite 910
Eastvale CA 91752

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED
01988L4015 ACORD CORPORATION. All rights reserved.

ACORD 25 ( 2016103) The ACORD name and logo are registered marks of ACORD 129
Attachment Code: D574649 Certificate ID: 18518757
Additional Insured — Owners, Lessees Or - 0
Contractors — Scheduled Person Or Organization XU. 0. 1c'-f-I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Policy No. GLOO146311 Effective Date: 8/ 28/ 2021
This endorsement modifies insurance provided under the:

Commercial General Liability Coverage Part

SCHEDULE
Name Of Additional Insured Person( s)
Or Organization( s): Location( s) Of Covered Operations

ANY PERSON OR ORGANIZATION ARE REQUIRED ALL

TO PROVIDE ADDITIONAL INSURED STATUS IN LOCATIONS
A WRITTEN CONTRACT, AGREEMENT OR PERMIT.

U- GL- 2169- A CW ( 02119)

Page 1 of 2 ends

Includes copyrighted material of Insurance Services Office, Inc., with its permission. 130
Attachment Code: D574649 Certificate ID: 18518757
A. Section II — Whois An Insuredis amendedto includeas an additionalinsuredthe person(s) or organization(s) shownin the Scheduleof this endorsement, but only,with respectto liability for "bodily Injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional Insured(s) at the location( s) designated in such Schedule.

B. With respectto the Insuranceaffordedto theseadditionalInsureds, thefollowing additionalexclusions apply: ThisInsurancedoesnot applyto "bodily injury" or "propertydamage" occurringafter:

1. All work, includingmaterials, partsor equipmentfurnishedin connectionwith suchwork, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured( s) at the location of the covered operations has been completed; or

2. Thatportionof "yourwork" outofwhichtheInjuryordamageariseshasbeenputto itsintendedusebyany person or organization other than another contractor or subcontractor engaged In performing operations for a principal as a part of the same project.

All other terms, conditions, provisions and exclusions of this policy remain the same. u- GL- 2169- A cw
02119)

Page 2 of 2 ends

Includes copyrighted material of InsuranceServices Office, Inc., with Its permission. 131
Attachment Code: D574650 Certificate ID: 18518757
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 WC0146330 Dudek 8/ 28/ 20218/ 28/ 2022 ( Ed. 4- 84)

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
Wehavethe rightto recoverourpaymentsfromanyoneliablefor an injurycoveredby this policy. Wewill notenforce our right against the person or organization named in the Schedule. ( Thisagreementappliesonlyto theextentthatyou perform work under a written contract that requires you to obtain this agreement from us.) Thisagreementshallnot operatedirectlyor indirectlyto benefitanyonenotnamedin the Schedule.

Schedule

ANY PERSON OR ORGANIZATION YOU ARE REQUIRED TO WAIVE YOUR RIGHTS OF

RECOVERY IN A WRITTEN CONTRACT, AGREEMENT OR PERMIT WITH THE NAMED INSURED.

WC000313
d. 4- 84)
1983 National Council on Compensation insurance.
132
Attachment Code: D574648 Certificate ID: 18518757
Waiver Of Subrogation ( Blanket) Endorsement
Policy No. Efr. Date of Pol. Exp. Dateof Pol. Eff. Date of End. Producer Addl Prem. Return Prem.

GLOO146311 8/ 28/ 2021 8/ 28/ 2022 8/ 28/ 2022 1
37385000 s INCL S
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsementmodifiesinsuranceprovidedunderthe:

Commercial General Liability CoveragePart
ThefollowingisaddedtotheTransferOf RightsOf RecoveryAgainstOthersTo UsCondition:

Ifyouarerequiredbyawrittencontractoragreement, whichisexecutedbeforealoss, towaiveyourrightsofrecoveryfrom others, weagreetowaiveourrightsofrecovery. Thiswaiverofrightsshallnotbeconstruedtobeawaiverwithrespecttoany other operations in which the insured has no contractual interest.

U- GL- 925- B CW ( 12/ 01)

Page 1 ends

133
Attachment Code: D574651 Certificate ID: 18518757
POLICY NUMBER: BAP0146329 COMMERCIAL AUTO
CA20481013
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED INSURED FOR

COVERED AUTOS LIABILITY COVERAGE
Thisendorsementmodifiesinsuranceprovidedunderthefollowing:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
Withrespecttocoverageprovidedbythisendorsement, theprovisionsoftheCoverageFormapplyunless modified by this endorsement.

Thisendorsementidentifiesperson(s) ororganization(s) whoare °insureds° forCoveredAutosLiabilityCoverage undertheWhoIsAnInsuredprovisionoftheCoverageForm. Thisendorsementdoesnotaltercoverageprovided in the Coverage Form.

Thisendorsementchangesthepolicyeffectiveontheinceptiondateofthepolicyunlessanotherdateisindicated below.

Named Insured: DUDEK
Endorsement Effective Date: 8/28/ 2021

SCHEDULE
Name Of Person( s) Or Organization( s):

ANY PERSON OR ORGANIZATION TO WHOM OR WHICH YOU ARE REQUIRED TO

PROVIDE ADDITIONAL INSURED STATUS OR ADDITIONAL INSURED STATUS ON

A PRIMARY, NON-CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR

WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 2 134
Attachment Code: D574651 Certificate ID: 18518757
Each person or organization shown in the Schedule is
an " insured' for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured* under the Who Is An Insured provision
contained in Paragraph A. 1. of Section II — Covered
Autos Liability Coverage in the Business Auto and
Motor Carrier Coverage Forms and Paragraph D.2. of
Section I — Covered Autos Coverages of the Auto
Dealers Coverage Form.

CA 20 48 10 13 0 Insurance Services Office, Inc., 2011 Page 2 of 2 135
Attachment Code: D574651 Certificate 1D: 18518757
POLICY NUMBER: BAP0146329 COMMERCIAL AUTO
CA04441013
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US ( WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

Named Insured: DUDEK
Endorsement Effective Date: 8/ 28/ 2021

SCHEDULE
Name( s) Of Person( s) Or Organization( s):

ANY PERSON OR ORGANIZATION YOU ARE REQUIRED TO WAIVE YOUR RIGHTS

OF RECOVERY IN A WRITTEN CONTRACT, AGREEMENT OR PERMIT WITH THE NAMED INSURED.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The Transfer Of Rights Of Recovery Against
Others To Us condition does not apply to the
person( s) or organization( s) shown in the Schedule,
but only to the extent that subrogation is waived prior to the " accident° or the " loss" under a contract with that person or organization.

CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 136
Secretary' s Certificate
Theundersigned, AmyM. Paul, herebycertifiesthatsheisthedulyelectedandacting Secretaryof Dudek, a California corporation (the "Company"), and that, as such, sheis duly authorizedtoexecuteanddeliverthisSecretary'sCertificateonbehalfof theCompany. She herebyfurthercertifiesonbehalfof theCompanythat:

Eachof thepersonsnamedbelowis aduly elected, qualifiedandactingofficer of the Companyholdingtheofficeorofficessetforthoppositehisorhername, andeachof thepersons namedbelowis authorizedto executeanddeliveronbehalfof theCompany, eachdocumentto whichit isapartyandall otheragreements, documentsandcertificatestobedeliveredbythe Company pursuant thereto.

Name Office
Joe Monaco President and Chief Executive Officer
Eric Wilson Executive Vice President, Environmental
Christine Moore Treasurer/ Chief Financial Officer
Robert Ohlund Vice President, Engineering
Amy Paul Secretary/GeneralCounsel
Emily Hart Assistant Secretary/Marketing Director
Brian Nordmann Chief Information Officer
IN WITNESSWHEREOF, theundersignedhasexecutedthisSecretary'sCertificateon behalf of the Company asof this 4`
h
day of January2022.

DUDEK
By:

Amy M. Paul
Secretary
137

Scope of Work

Construction Management and Support
The following is the specific service tasks for the Project:

Task 1 Project Coordination
The selected Consultant must provide an experienced RE who has successfully delivered services on simi larly funded projects and is a licensed Civil Engineer in the State of California. A minimum of 10 years of experience with similar projects is required. The Construction Manager should have City and/or Caltrans type of experience in traffic signal construction. The Consultant must be able to perform the following:

1. Management
a. Deliver Project services in accordance with the plans and specifications b. Manage and coordinate all aspects of the Project, i nclusive of services identified in the Scope of Work.
c. Conduct a pre-construction meeting and biweekly construction meetings or as deemed necessary by the project manager with the contractor, City an d other involved parties. Prepare and distribute meeting agendas minutes and progress reports. d. Coordinate with City staff, multiple contractors wh en applicable, agencies, and Project stakeholders.
e. Prepare weekly Statements of Working Days and other reports that may be required by the City. f. Review shop drawings and material submittals and de termine consistency with the plans and specifications.
g. Coordinate design changes.
h. Participate in field meetings and document issues, findings, directions, changes, etc., and develop solutions.
i. Participate in public outreach activities, as needed. j. Other improvements/activities as deemed necessary b y the consultant to implement the improvements on the Project
k. Prepare all progress reports required by Caltrans.

2. Meetings
a. Conduct a pre-construction meeting and prepare agen da and minutes. Prior to the meeting, review PS&E and agendize potential issues.
b. Conduct and lead construction progress meetings as scheduled by all parties and prepare minutes for the City’s approval.

3. Schedule and Budget
a. Review construction schedule submitted by the contr actor. Review subsequent revised construction schedules due to delays, time extensio ns, change orders, additional work, etc., within one week of submittal.
b. Prepare change orders within 48 hours in the standard City format as well as in accordance with 138

City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │eastvaleca.gov 2 all applicable State funding requirements.
c. Maintain a current monthly accounting of constructi on costs to complete the project, including approved change orders for city’s review and approval.
d. Review payment requests in a timely manner, make payment recommendations, and submit the progress payment request to City for processing.
e. Prepare reimbursement requests to Caltrans.

4. Miscellaneous
a. Review and coordinate approval of shop drawings by the design consultant as needed. b. Log, track, and process submittals, Requests for Information (RFIs), Requests for Changes (RFCs), Contract Change Orders (CCOs), field directives, No tices of Potential Claim (NOPCs), Non- Conformance Reports (NCRs), review and approve traffic control plan. c. Provide City with the contractor’s Red marked as-built plans at Project completion. d. Monitor materials documentation and testing results, as well as enforce corrections. e. Conduct labor compliance and certified payrolls rev iews and approvals with every monthly payment.
f. Review and approve contractor’s safety program.
g. Review all requests for clarification and provide to Engineer of Record for clarification. h. Process all Project documentation per City and Caltrans requirements for standard format. i. Maintain Project files per Caltrans requirements.
j. The RE shall service the Project and visit the site as needed for the duration of the project.

Task 2 Labor Compliance
The Consultant will be expected to perform labor co mpliance in accordance with the Caltrans Local Assi stance Procedure Manual (LAPM). The proposal will provide a detailed scope of work that clearly demonstrates the Consultant understands the requirements of performing labor compliance in accordance with the LAPM.

Task 3 Project Closeout

1. Coordinate a final walk-through with all affected stakeholders, prepare punch list, certify completion of the Project and recommend acceptance.

2. Transmit Record Drawings (As-Builts) from the engineer of record to the City.

3. Finalize record drawings/As-Builts, contract bid items, claims, change orders and punch list items.

4. Prepare all final reports, including report of completion for acceptance of the Project.

5. Finalize and deliver all construction files to the City for archives.

6. Provide electronic copy of all reports and construction files to City.

7. Provide electronic version of all record drawings and files in PDF file format.

8. Address all unresolved issues including, but not limited to, change orders, claims, etc. 139

City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │eastvaleca.gov 3

9. Complete documentation required by Caltrans and the City.

Construction Inspection Services

1. Inspect a variety of public works and public utilit ies construction and maintenance projects, such as sidewalks, concrete structures, driveways, water ma in and service installations; reclaimed water facilities and mainlines; sewer main and lateral in stallations; utility projects including mechanical, electrical, and structural work; curbs and gutters, retaining walls, earthwork, street excavation and patchwork; drainage facilities, storm drains; lands cape irrigation; underground conduit installations; and street marking, and traffic sign installation t o ensure construction and materials comply with contract standards and specifications, state laws, local ordinances, NPDES requirements and proper construction practices.

2. Inspect concrete street improvements, including drive approaches, wheel chair ramps, block walls, and other elements; inspect asphalt concrete street pav ing and slurry seal coating; ensure correct street sections by checking grades and elevations.

3. Observe earthwork grading, trench compaction, slope construction, earthen berms and surface drainage.

4. Review soils compaction reports.

5. Inspect all aspects of traffic control set-up and maintenance for conformance with codes, specifications and safety practices.

6. Interpret construction plans and specifications; pr epare and make recommendations on change orders; confer with City engineering staff on design problems encountered in the field.

7. Perform final inspection of construction projects f or field acceptance; prepare list of required corrections prior to final acceptance.

8. Maintain necessary records of daily operations, inc luding daily project reports, time, material, and equipment reports.

9. Review and confirm as-built drawings for public works facilities and utility projects.

10. Coordinate activities and schedules with other entities involved in the construction project.

11. Keep records pertaining to work assignments, employee information, and inspection work.

12. Respond to queries by property owners, contractors, and staff regarding the construction project.

13. Inspect construction activities to confirm compliance with City standards and regulations.

14. Prepare monthly pay estimates.

15. Record amounts of materials that are received or used during construction.

16. Address and resolve complaints as they arise. Notif y the City’s project manager of issues and request assistance when necessary.

17. Perform observations, inspections and tests of cons truction projects and document findings in accordance with good engineering practices and applicable codes.

18. Observe third party sampling and testing for conformance with contract specifications. 140

City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │eastvaleca.gov 4

19. Provide weekly status reports on issues/risks factors, schedule slippages, cost overruns as it relates to construction projects.

20. Provide feedback to requests for information as it relates to projects inspected.

21. Provide regular full-time onsite inspection to construction projects and assess project status.

22. Serve as principal liaison for construction-related activities and coordinate formal interface actions between stakeholders and service providers.

23. Serve as the central point of contact for communica tions, coordination, support, and advice to the Project Manager.

24. Recognize, evaluate and properly resolve and/or mak e recommendations to unique problems or situations.

25. Maintain effective customer service relationship with City staff and the public.

26. Facilitate contract negotiations.

27. Properly and safely oversee the operation of light- , medium- and heavy-duty motorized vehicles and equipment.

28. Ensure appropriate communications take place with all involved personnel resulting in efficient use of manpower and finances to meet project milestones and City’s expectations.

29. Other construction inspection duties as necessary to support City projects in construction.

30. Minimum day is considered to be a 4-hour day. Cancellation of services will be made 12 hours prior to scheduled start and at no cost to the City.

Notify the City immediately in the event of any safety issue or job-site accident.

141
142
143
144
145
146
147
148
RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, AMENDING ITS FISCAL YEAR 2023-24 CAPITAL IMPROVEMENT BUDGET FOR THE

TRAFFIC SIGNAL ADVANCED DILEMMA ZONE DETECTION AND MITIGATION PROJECT WHEREAS the budget for fiscal year 2023-24 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 MEASURE A FUND, STREETS EXPENDITURE ACCOUNT NO. 210-500-6660-92017-0000 IN THE AMOUNT OF $257,955.00 FOR THE TRAFFIC SIGNAL ADVANCED DILEMMA ZONE DETECTION AND MITIGATION PROJECT.

SECTION 2. AUTHORIZE AN APPROPRIATION IN THE MISCELLANEOUS GRANTS FUND, STREETS EXPENDITURE ACCOUNT NO. 240-500-6660-92017-0000 IN THE AMOUNT OF $200,000.00 FOR THE TRAFFIC SIGNAL ADVANCED DILEMMA ZONE DETECTION AND MITIGATION PROJECT.

PASSED, APPROVED AND ADOPTED this 13th day of September 2023. __________________________________________
Todd Rigby
Mayor
APPROVED AS TO FORM: ATTEST:
149
__________________________________________ __________________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk
150

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 13th day of September 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk
151

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.4
September 13, 2023
Approval of Purchase Order for Urban Futures, Inc. for Economic Development Outreach Support Services
Prepared By:

Alexander Fung, Economic Development Manager
Recommended Action(s)
Staff recommends that the City Council:
1 .

Approve an agreement with Urban Futures, Inc. (UFI) in an amount not-to-exceed $9,000.00 for economic development outreach support services; and 2 .

Authorize the City Manager to execute the necessary documents.

Summary
Urban Futures, Inc. (UFI) is a local ﬁrm based in Southern California that provides economic development, ﬁnancial analy/cs, and real estate consulta/on services. The ﬁrm also provides assistance for connec/ng city oﬃcials with the appropriate business managers, brokers, and developers who are interested in developing or expanding in specific communities.

On January 11, 2023, the City authorized a two-year $100,000.00 contract amendment with UFI to receive professional ﬁnancial planning support services for the Eastvale Civic Center Project.

Acknowledging that the City’s Purchasing Policy requires the City Council to approve any expenditures with a vendor once the aggregate total dollar value of purchases for that vendor exceeds $50,000.00, staﬀ desires to seek the City Council’s approval for a contract in the not-to- exceed amount of $9,000.00 for economic development outreach support services. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
152
Background
UFI’s proposed Scope of Work for economic development outreach support services includes working collabora/vely with the City to review Downtown Eastvale’s site plan and retail opportuni/es, developing and implemen/ng retail marke/ng strategies, and assis/ng the City to strategically prepare for the Interna/onal Council of Shopping Center (ICSC) San Diego Conference that is scheduled for October 2023. UFI would also par/cipate in team mee/ngs with city staﬀ as needed. These services will be provided in an amount not-to-exceed $9,000.00 during FY 2023-2024.

City staﬀ has deemed UFI as a highly qualiﬁed ﬁrm to provide economic development outreach support services for the City, as the ﬁrm’s Project Team is led by Mr. Michael Busch and Mr. Douglas Dumhart. Mr. Busch had previously served as Assistant City Manager, Deputy City Manager, City Treasurer, and Finance Director in the municipal sector, while Mr. Dumhart has three decades of local government experience in city management, building and safety, economic development, community development, and housing. UFI has also completed hundreds of projects for local government jurisdictions since the firm’s founding in 1972.

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 #: E
| Goal #: A
Services that can be provided under the proposed contract support can contribute to the development of Downtown Eastvale, which can aGract new businesses and retailers to establish their presence in the City and create a “Des/na/on Eastvale” with high-quality and unique businesses.

Fiscal Impact
There are sufficient funds budgeted in FY 2023-2024 for the recommended action as shown below:

Fund
Account
Department
Account
Budget
General
100-301-6422
Community
Development
Economic
Development
$9,000.00
Prior City Council/Commission Action
On January 11, 2023, the City Council approved a two-year Professional Services Agreement Amendment with Urban Futures, Inc. for ﬁnancial advisory services in an amount not-to-exceed $100,000.00.
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
153
Attachment(s)
Attachment 1 - Received Scope of Work Proposal from Urban Futures, Inc.

Attachment 2 - Agreement with Urban Futures 4881-5481-1006

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
154

City of Eastvale

ECONOMIC DEVELOPMENT

IMPLEMENTATION SERVICES
August 14, 2023

Prepared by:
155

 1100 Town and Country Road, Suite 1246  Orange, CA 92868 Telephone: (714) 283-9334  http://www.urbanfuturesinc.com  Fax: (714) 283-9319 August 14, 2023

Mark Orme
City Manager
City of Eastvale
12363 Limonite Avenue, Suite 910
Eastvale, CA 91752

Dear Mr. Orme,

Thank you for the opportunity to provide this proposal to provide strategic economic development services to the City of Eastvale as part of the City’s economic development program . The services will focus on the City’s engagement with brokers and/or retailers who represent high-end or premium casual restaurants, eateries, entertainment venues, medical institutions, and educational institutions related to development of up to 595,000 sq. ft. of retail and commercial space, including a hotel in Downtown Eastvale. As planned, the city desires to engage with a Master Developer to further develop Downtown Eastvale with a desired tenant provided by the city.

It would be a pleasure to assist the City with these important initiatives. UFI is uniquely qualified to provide such services and is quite interested in doing so.

ABOUT URBAN FUTURES, INC.

UFI’s Public Land Use Specialist (PLUS) Group specializes in helping local government leaders. Over its 50- year history, UFI has worked with municipal management and development professionals to implement economic development projects , provided real estate pro -forma analysis and land economic services, review resources to ensure effective property asset management , institute performance management techniques, and perform rigorous property disposition analysis to help bring economic development goals to fruition. Our firm and its partners are comprised of former city managers, economic development and public finance experts, and other professionals providing expertise in specialty areas such as economic development program creation, advanced planning , and implementation . Our team of professionals assigned to this assignment ha s provided similar services to several local governments and private developers throughout California and UFI is confident that our experience will ensure that your organization receives a high quality and useful work product.

Our assignments demonstrate a well-established track record of helping public sector organizations and we are excited to bring our extensive experience and first -hand knowledge of economic development through leveraging public and private real property assets and economic development strategy implementation to the City. UFI is distinguished by the fact that each team member engaged have actual experience in economic development and advanced planning through public asset management and in working together as a team. The work we do is not an academic exercise – it is grounded in the real world of customer service and accomplishment in the public sector. UFI is unique in that regard!

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City of Eastvale
Economic Development Implementation Services

UNDERSTANDING OF THE ENGAGEMENT

The future development of the City will require a significant effort to develop private and City owned real property. Furthermore, given the needs of the City to meet its General Plan, the strategic development of real property necessary to meet the City’s short and long-term economic development goals has become a priority . The City and private individuals hold significant, and strategically important , real property valued in the 10’s of millions of dollars. Currently, vacant City owned property is off the tax rolls, which results in zero property tax collected on those properties. Additionally, with the current constraints in the economy and difficulty in obtaining capital financing, private properties may sit idle or underutilized.

UFI is prepared to provide the highest level of services to the City to develop and facilitate economic development strategies and supporting analysis by providing the City with a cost-effective economic development assistance with the necessary economic development horsepower to execute the following objectives:

• To facilitate opportunities with local real estate brokers and success-oriented developers for the development of property assets, while providing independent real estate advisory services to the City necessary to maintain the highest value of the property • Support City staff through the scheduling meetings with real property d evelopers, retailers, and hospitality businesses during the ICSC Conference in San Diego in October

OUR APPROACH

For each client, UFI customizes the methodology needed to meet and exceeds the expectation of its clients. In our view, a one size approach will not deliver the City’s preferred vision. Therefore, for the City of Eastvale, we propose an approach that comprises four discrete, but interactive phases as described below:

Learning. UFI will begin this project with a careful learning stage during which our team will listen and learn about the specific goals and objectives behind each current development and future development opportunity for the Downtown. Our team recognizes that the people responsible for executing internal processes are busy, however, they are individuals best positioned to know council and community goals and objectives. Through personal interviews with key personnel and a thorough review of both data and written documentation, UFI will develop a clear understanding of these specific goals and objectives, and the overall economic development mission of the City. This learning phase will allow us to fully understand the operating constraints and impediments to success faced by the City.

UFI professionals concentrate on how economic development opportunities are planned, managed, and executed. We will examine each opportunity to understand how each meets the City’s economic development objectives goals and the degree to which performance measures and performance standards existed and are being utilized.

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City of Eastvale
Economic Development Implementation Services

Opportunity Identification . When the data gathering,
and initial research activities are complete, UFI will assist in the development of strategically important public and privately held real property that will most appropriately meet the initial goals.

Action. UFI has a strong bias for implementation . As
practitioners, we have an orientat ion to achieve results and o ur work moves from sound analysis to concise,
actionable recommendations . Our professionals will
provide the City with as needed developer follow-up and negotiations support necessary to achieve the economic
development goals of the City while meeting the
mandates of the General Plan and economic
development strategic priorities.

WORK PLAN

UFI will work collaboratively with the City’s management team to conduct this high-level review of active and proposed development opportunities. The overall work plan that we are proposing first calls for the collection of data through a variety o f sources, including staff interviews, real property inventory, and a review of various City economic development studies and reports related to Downtown development .

UFI will then analyze that data, apply our expertise about best practices to meet assignment objectives.

UFI will review preliminary observations and recommendations for suggested Master Developer discussions including individual retailers and hospitality businesses with management as through regular updates on our progress.

Based on our understanding of the City’s desired outcomes, UFI proposes the following scope of work.

SCOPE OF WORK

General Analysis Duties
• Participate in formal and informal planning and project management discussions, negotiations and presentations with staff, developers, owners, architects, community officials, other local government agencies and others, as appropriate, with respect to development projects and/or programs specified by the City.

• Assist in developing and implementing marketing strategies to retain, expand and attract businesses to increase employment opportunities and tax ratables

Specific Implementation Duties

• Prepare development and retail and hospitality leads (generated at ICSC, and other Economic Development venues)

• Preparation for at the International Council of Shopping Centers (ICSC) San Diego and other requested venues, including scheduling meetings on the City’s behalf and providing City staff a schedule of confirmed meetings at least a week before the conference

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City of Eastvale
Economic Development Implementation Services

PROJECT TEAM

Given the nature of this engagement, UFI proposes to assemble a project team based on the unique needs of the City. Michael Busch will provide overall direction and Douglas Dumhart will serve as project manager. Additional support staff from UFI will be utilized, as necessary.

Michael Busch, President & CEO, joined UFI following a successful career in municipal government . He has a unique background having served as a Planner, Finance Director, City Treasurer, Deputy City Manager, and Assistant City Manager . In those roles, Mike has demonstrated experience in capital improvement plan development, developer negotiations, development agreements, and capital project implementation. This professional background has given him exte nsive experience in strategic planning, municipal finance, economic development / redevelopment, and project implementation, leading to the issuance of over $1 billion in tax‐exempt and taxable debt offerings as well as implementation of several redevelopment and infrastructure projects.

Mike has a bachelor’s degree in urban and regional planning from California State Polytechnic University, Pomona, and a master’s degree in public administration (with an emphasis in finance and public works) from California State University, Long Beach. In 2012 and 2013, he served as an adjunct faculty member at the University of Southern California, Graduate School of Policy, Planning, & Development.

Douglas Dumhart is Managing Member of 3D advisors . Douglas has 3 decades of local government experience encompassing: City Administration, Building and Safety, Code Enforcement, Community Development, Economic Development, Housing, Planning and Redevelopment . Douglas left municipal government in 2017 and f ounded 3 -D Advisors, LLC to assist development interests in managing government and community relations regarding entitlement processing and permitting. His extensive municipal experience as to how local government operates is essential knowledge for those considering development of challenging in-fill projects. During his tenure of public service, he earned the respect of elected leadership, his peers, and the communities he has served, by being highly competent, responsive, ethical, and dependable. As an entrepreneurial and strategic thinker, he is proficient in consensus building and negotiations among diverse community groups. His project management skills are evident through a successful track record of administering complex projects from concept to completion.

He served for five years as a Board Member on the Oversight Board for the La Palma Successor Agency, Vice-Chairman on the Orange County Housing Authority’s Cities Advisory Committee (CAC), Secretary to the San Juan Capistrano Housing Advisory Co mmittee (HAC), and maintained active memberships in the Planning Directors Association of Orange County (PDAOC), The American Planning Association (APA), the California Association for Local Economic Development (CALED), and Municipal Management Association of Southern California (MMASC).

REFERENCES

UFI has completed projects for hundreds of local government jurisdictions since our founding in 1972. We are proud of our record of satisfied clients . Many UFI clients have contracted with us on more than one occasion. A complete list of firm references, staff , and capabilities can be found on our website at http://www.urbanfuturesinc.com/.

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City of Eastvale
Economic Development Implementation Services

HOURS, SCHEDULE, AND COST

UFI proposes to conduct the proposed services on an actual time and materials basis invoiced monthly.

UFI’s Professional Service Rate Schedule is as follows:

President/CEO $300.00
Project Manager $275.00
Real Estate / Financial Analyst $225.00

UFI is unable to estimate the exact number of required hours for the project. However, we believe an initial budget of $9,000 is reasonable and UFI will work extremely efficiently to provide the entire Scope of Services.

Additional value-added services that are beyond the scope of work shall be agreed to by both parties via written amendment to the contract with a specific scope of work and pricing structure . These additional services may include municipal advisory, brokerage services, disposition negotiations, pro-forma review, general plan amendments, zone changes, site plan development, and crafting/revising specific plans.

If the foregoing terms meet with your approval, please indicate your acceptance by executing both copies of this proposal and returning one copy.

City of Eastvale

By: __________________________________
Mark Orme, City Manager

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AGREEMENT FOR SERVICES
[Economic Development Implementation Services]
This Agreement for Services (“Agreement”) is entered into as of this 13th day of September, 2023 by and between the City of Eastvale, a municipal corporation (“City”) and Urban Futures, 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.

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.

SECTION 1. TERM OF AGREEMENT.

Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement shall commence on the date first ascribed above and terminate at the end of the day on June 30, 2024.

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.
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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 nine thousand dollars ($9,000.00), 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.

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 162
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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.

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 163
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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.

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 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 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. 164
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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 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 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 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 165
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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 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.

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 166
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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.

SECTION 18. ASSIGNMENT.

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.

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” 168
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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: Economic Development Manager
12363 Limonite Ave., Suite 910
Eastvale, CA 91752
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To Contractor: Urban Futures, Inc.

Attn: Michael Busch, CEO
1100 W. Town and Country Rd., Suite 1246
Orange, CA 92868
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.

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 170
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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.

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.

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

APPROVED AS TO FORM
_______________________________
Erica Vega
City Attorney
URBAN FUTURES, INC.
____
Michael Bursch, CEO/President
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EXHIBIT "A"

SCOPE OF SERVICES
Contractor shall provide strategic economic development services to the City as a part of the City’s economic development program. The services will focus on the City’s engagement with brokers and/or retailers who represent high-end or premium casual restaurants, eateries, entertainment venues, medical institutions, and educational institutions related to development of up to 595,000 sq. ft. of retail and commercial space, including a hotel in Downtown Eastvale. As planned, the city desires to engage with a Master Developer to further develop Downtown Eastvale with a desired tenant provided by the city.

Contractor is prepared to provide the highest level of services to the City to develop and facilitate economic development strategies and supporting analysis by providing the City with a cost-effective economic development assistance with the necessary economic development horsepower to execute the following objectives:
• To facilitate opportunities with local real estate brokers and success-oriented developers for the development of property assets, while providing independent real estate advisory services to the City necessary to maintain the highest value of the property
• Support City staff through the scheduling meetings with real property developers, retailers, and hospitality businesses during the ICSC Conference in San Diego in October

APPROACH
For each client, Contractor customizes the methodology needed to meet and exceeds the expectation of its clients. In our view, a one size approach will not deliver the City’s preferred vision. Therefore, for the City of Eastvale, we propose an approach that comprises four discrete, but interactive phases as described below:

Learning. Contractor will begin this project with a careful learning stage during which our team will listen and learn about the specific goals and objectives behind each current development and future development opportunity for the Downtown. Our team recognizes that the people responsible for executing internal processes are busy, however, they are individuals best positioned to know council and community goals and objectives. Through personal interviews with key personnel and a thorough review of both data and written documentation, Contractor will develop a clear understanding of these specific goals and objectives, and the overall economic development mission of the City. This learning phase will allow us to fully understand the operating constraints and impediments to success faced by the City.

Diagnosis. As our team listens and learns, we will focus on high priority economic development opportunities as well as the future development goals established by City staff and its elected officials. Contractor’s professionals concentrate on how economic 173
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development opportunities are planned, managed, and executed. We will examine each opportunity to understand how each meets the City’s economic development objectives goals and the degree to which performance measures and performance standards existed and are being utilized.

Opportunity Identification. When the data gathering, and initial research activities are complete, Contractor will assist in the development of strategically important public and privately held real property that will most appropriately meet the initial goals.

Action. Contractor has a strong bias for implementation. As practitioners, we have an orientation to achieve results and our work moves from sound analysis to concise, actionable recommendations. Our professionals will provide the City with as needed developer follow-up and negotiations support necessary to achieve the economic development goals of the City while meeting the mandates of the General Plan and economic development strategic priorities.

WORK PLAN
Contractor will work collaboratively with the City’s management team to conduct this high-level review of active and proposed development opportunities. The overall work plan that we are proposing first calls for the collection of data through a variety of sources, including staff interviews, real property inventory, and a review of various City economic development studies and reports related to Downtown development.

Contractor will then analyze that data, apply our expertise about best practices to meet assignment objectives. Contractor will review preliminary observations and recommendations for suggested Master Developer discussions including individual retailers and hospitality businesses with management as through regular updates on our progress.

Based on our understanding of the City’s desired outcomes, Contractor proposes the following scope of work.

SCOPE OF WORK
General Analysis Duties
• Participate in formal and informal planning and project management discussions, negotiations and presentations with staff, developers, owners, architects, community officials, other local government agencies and others, as appropriate, with respect to development projects and/or programs specified by the City. • Assist in developing and implementing marketing strategies to retain, expand and attract businesses to increase employment opportunities and tax ratables Specific Implementation Duties
• Prepare development and retail and hospitality leads (generated at ICSC, and other Economic Development venues)
• Preparation for at the International Council of Shopping Centers (ICSC) San Diego and other requested venues, including scheduling meetings on the City’s behalf and 174
A-3
providing City staff a schedule of confirmed meetings at least a week before the conference
175
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EXHIBIT "B"

COMPENSATION
Contractor will perform the Services on an actual time and materials basis utilizing the following hourly rates:

President/CEO: $300.00
Project Manager: $275.00
Real Estate / Financial Analyst: $225.00
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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 177
C-2
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:

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 178
C-3
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.

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.

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.5
September 13, 2023
Repeal of the Resolu+on of Inten+on to Establish City of Eastvale Community Facilities District No. 2023-01 (Limonite)
Prepared By:

Jimmy Chung, Director of Public Works/City Engineer
Recommended Action(s)
Staff recommends that the City Council approve and adopt Resolution No. 23-XX, A Resolution of the City Council of the City of Eastvale, California, repealing the Resolu(on of Inten(on to Establish City of Eastvale Community Facilities District No 2023-01 (Limonite).

Summary
This item is for repealing the Resolu(on of Inten(on to establish City of Eastvale Community Facilities District No. 2023-01.

Background
The City Council adopted a Resolu(on No. 23-36 to declare inten(on to establish City of Eastvale Community Facili(es District No. 2023-01 (Limonite) on July 26, 2023. CFD 2023-01 Boundary Map deﬁnes the CFD boundaries and the Zone boundaries, and it is included in the A6achment 1. CFD will be used as the ﬁnancing mechanism for maintenance and services including landscaping, streetlights, pedestrian lights, traffic signals, trails and stormwater facilities.

In accordance with Sec(on 6 of the Resolu(on No. 23-36, the Public Hearing was scheduled to be held on September 13, 2023, at 7:00 p.m. at the Council Chambers of the City of Eastvale, and the public hearing was no(ced accordingly. However, the City has decided to not move forward with the public hearing at this (me and may start the forma(on process over from the beginning in the future. It is the City staﬀ's goal to perform addi(onal analysis related to the CFD before bringing this back to Council for a new Resolu(on of Inten(on. The addi(onal eﬀort will include conduc(ng 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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addi(onal outreach to the property owners and addressing comments and concerns that the property owners have brought up.

Environmental
Government ﬁscal ac(vi(es are not considered a Project as deﬁned by the California Environmental Quality Act (CEQA) and environmental review is not required.

Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Collec(ng special district levies is not a strategic plan ac(vity and relates to the daily opera(ons of the city.

Fiscal Impact
Costs associated with the prepara(on of the annual engineer’s reports and the annual levy and collec(on of assessments is charged to the CFD. Under the current method of appor(onment, the annual assessments total approximately $65,566.53 for Special Tax A and $445,081.25 for Special Tax B, annually (as of FY2023-24) at buildout, and the maintenance and service costs would have to be paid from the City's General Fund. Not forming the district at this (me may have some ﬁnancial impacts, although it is likely that the levies can be assessed administra(vely during the current ﬁscal year should the district be formed at a later point in (me. Maintenance will s(ll be required and will have a General Fund impact until the district is formed.

Prior City Council/Commission Action
On July 26, 2023, City Council adopted a Resolu(on No. 23-36 to declare inten(on to establish City of Eastvale Community Facilities District No. 2023-01 (Limonite).

Attachment(s)
Attachment 1 - Boundary Map

Attachment 3 - Resolution 23-36

Attachment 2 - Resolution 23-XX

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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LIMONITE AVEHELLMAN AVESUMMIT DR
ARCHIBALD AVELIMONITE AVE65THST
PROPOSED BOUNDARY OF COMMUNITY FACILITIES DISTRICT NO. 2023-01 (LIMONITE)OF THE CITY OF EASTVALECOUNTY OF RIVERSIDE, STATE OF CALIFORNIA 600 B St #2000, San Diego,CA 92101 p: 619.236.1778 ext. 1261 www.WeAreHarris.com (16) 144-010-088(17) 144-010-089(18) 144-010-090(19) 144-010-091(20) 144-010-092(21) 144-010-093(22) 144-010-060(23) 144-010-061(24) 144-010-062(25) 144-010-070(26) 144-010-069(27) 144-010-068(28) 144-010-076(29) 144-010-065(30) 144-010-064(31) 144-920-005(32) 144-920-006(33) 164-010-042(34) 164-010-043(35) 164-010-044(36) 164-010-045(37) 164-010-046(38) 164-010-055(39) 164-010-053(40) 164-010-050(41) 164-010-049(42) 164-010-047(1) 144-010-045(2) 144-010-046(3) 144-010-047(4) 144-010-048(5) 144-010-077(6) 144-010-079(7) 144-010-049(8) 144-010-050(9) 144-010-053(10) 144-010-054(11) 144-010-055(12) 144-010-056(13) 144-010-058(14) 144-010-084(15) 144-010-085(1)(2)(3)(4)(5)(6)(7)(8)(9)(10)(11)(12)(49)(13)(48)(14)(59)(15)(52)(21)(20)(56)(58)(22)(23)(24)(57)(25)(26)(27)(28)(29)(30)(31)(32)(47)(34)(33)FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF EASTVALE THIS DAY OF , 2023.CITY CLERK OF THE CITY OF EASTVALEI HEREBY CERTIFY THAT THE AREA SHOWN ON THIS MAP OF THE PROPOSED BOUNDARY OF COMMUNITY FACILITIES DISTRICT NO. 2023-01 (LIMONITE), CITY OF EASTVALE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF EASTVALE AT A REGULARLY SCHEDULED MEETING THEREOF, HELD ON THE DAY OF , 2023 BY ITS RESOLUTION NO. .CITY CLERK OF THE CITY OF EASTVALEFILED THIS DAY OF , 2023 AT THE HOUR OF O'CLOCK .M. IN BOOK OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS PAGE NO. IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.PETER ALDANACOUNTY RECORDER OF THE COUNTY OF RIVERSIDEBY: DEPUTYLegendProposed BoundaryParcel BoundaryCounty Boundary( # ) Parcel Reference (43) 164-010-048(44) 164-010-054(45) 164-010-052(46) 164-010-051(47) 144-030-039(48) 144-010-014(49) 144-010-057(50) 164-010-020(51) 144-010-031(52) 144-010-030 NNo ScaleTHE LINES AND DIMENSIONS OFEACH LOT OR PARCEL SHOWN ONTHIS MAP SHALL BE THOSE LINESAND DIMENSIONS AS SHOWN ONTHE RIVERSIDE COUNTYASSESSOR’S MAPS.

Vicinity MapZone 1Zone 2Tax Zone Boundary(19)(17)(53)(54)(18)(50)(35)(36)(38)(39)(40)(41)(42)(43)(44)(45)(46)(53) 144-010-029 (54) 144-010-018 (55) 144-010-075 (56) 144-010-073(57) 144-010-071(58) 144-010-074(59) 144-010-086(37)(16)(51)(55)Zone 3 182

LIMONITE AVEMERRILL AVEARCHIBA LD AVEHELLAMN AVE

SCHLEISMAN RDHAMNER AVEKIMBALL AVESITE
183
RESOLUTION NO. 23- 36

A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF

EASTVALE, CALIFORNIA, TO ESTABLISH CITY OF EASTVALE COMMUNITY FACILITIES DISTRICT NO. 2023- 01 ( LIMONITE) AND TO AUTHORIZE THE LEVY

OF A SPECIAL TAX WITHIN CITY OF EASTVALE COMMUNITY FACILITIES DISTRICT NO. 2023- 01 ( LIMONITE)
The City Council of the City of Eastvale ( hereafter referred to as the " City Council") does resolve as follows:

WHEREAS, this City Council ( the " City Council") of the City of Eastvale ( the " City") has received petitions ( the " Petitions") requesting the institution of proceedings, which are signed by the owners ( the " Owners") of the land proposed for inclusion in a proposed community facilities district and which meet the requirements of Sections 53318 and 53319 of the Mello - Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Division 2 of Title 5 of the California Government Code ( the " Act"); and
WHEREAS, the Act authorizes the City Council to establish a community facilities district and to levy special taxes within that district; and
WHEREAS, in accordance with the request set forth in the Petitions, the City Council desires to undertake proceedings to establish a community facilities district pursuant to the Act to finance certain services which are in addition to services currently provided in the territory of the proposed district and are necessary to meet increased demands placed upon the City as a result of the development of such land;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES HEREBY FIND AND RESOLVE TO:

Section 1. Intention. The City Council hereby declares its intention to conduct proceedings for the formation of a community facilities district under the terms of the Act.

Section 2. Name of District. The name of the proposed community facilities district is " City of Eastvale Community Facilities District No. 2023- 01 ( Limonite)" ( the " District").

Section 3. Boundaries of District. The exterior boundaries of the District are shown on the map now on file in the office of the City Clerk entitled " Proposed Boundary - Community Facilities District No. 2023- 01 ( Limonite)" ( the " Map"). The Map indicates by a boundary line, the extent 184
of the territory included in the proposed District and shall govern for all details asto the extent of the District. On the original and one copy of the Map, the City Clerk shall endorse the certificate evidencing the date and adoption of this Resolution. The City Clerk shall file the original of the Map in their office and, after the adoption of this Resolution, the City Clerkshall file a copy of the Map so endorsed in the records of the County Recorder, County of Riverside, State of California, no later than fifteen days before the public hearing specified in Section 6 below.

Section 4. Services. The type of services proposed to be provided within the District and to be financed under the Act shall consist of those services set forth on Exhibit " A" ( the " Services"), attached hereto and incorporated herein by reference. The Services are in addition to services currently provided in the District and are necessary to meet increased demands placed upon the City as a result of the development occurring in the District.

Section 5. Special Tax.

Except where funds are otherwise available to pay for the Services, it is the intention of the City Council, commencing Fiscal Year 2023- 2024, to levy annually in accordance with procedures contained in the Act a special tax ( the " Special Tax") within the District sufficient to pay for the costs thereof, including incidental expenses. The types of incidental expenses proposed to be incurred are set forth in Exhibit " 6." The Special Tax will be secured by recordation of a continuing lien against all non- exempt real property in the District and will be collected in the same manner as ordinary ad valorem property taxes are collected, or in such other manner as may be provided by the City Council including, without limitation, direct billing of the affected property owner, and shall be subject to the same penalties, procedure, sale and lien priority in case of delinquency asapplicable for ad valorem property taxes. In the first year in which the SpecialTaxis levied, the levy shall include a sum sufficient to repay to the City all amounts, if any, transferred to the District pursuant to Section 53314 of the Act and interest thereon.

The proposed Rate and Method of Apportionment of the Special Tax (the " Rate and Method") among parcels of real property in the District, in sufficient detail to allow each resident or landowner within the proposed District to estimate the maximum amount such resident or owner will have to pay, is shown in Exhibit " C," attached hereto and incorporated herein by reference. The City Council hereby determines the Rate and Method set forth in Exhibit " C" to be reasonable.

Section 6. Hearing. A public hearing ( the " Hearing") on the establishment of the District, the extent of the District, the furnishing of Services within the District, and the proposed Rate and Method shall be held on September 13, 2023, at 7:00 p.m., or as soon thereafter as practicable, 185
at the Council Chambers of the City of Eastvale, 12363 Limonite Ave. Suite 910 Eastvale, CA 91752. At the Hearing, any interested person or taxpayer, including all persons owning lands or registered to vote within the proposed District, may appear and be heard.

Section 7. Report. The Staff of the City is directed to study the proposed District and prepare for filing at the Hearing the report required by Section 53321. 5 of the Act. The staff of the City may delegate to consultants of the City the duty to perform the study and prepare the report.

Section 8. Advances. The City may accept advances of funds or work in -kind from any source, including, but not limited to, private persons or private entities, and is authorized and directed to use such funds or that work in -kind for any authorized purpose, including, but not limited to, paying any cost incurred by the City in creating the District. The City may enter into an agreement with the person or entity advancing the funds or work - in -kind, to repay all or a portion of the funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work - in -kind, as determined by the City Council, with or without interest.

Section 9. Published Notice. The City Clerk is hereby directed to publish a notice of the Hearing (" Notice") pursuant to Section 6061 of the California Government Code in a newspaper of general circulation published in the area of the proposed District. Such Notice shall be substantially in the form specified in Section 53222 of the Act. Publication of the Notice shall be completed at least seven days prior to the date of the Hearing.

Section 10. Mailed Notice. The City Clerk is hereby directed to send a copy of the Notice of the Hearing by first- class mail, postage prepaid, to each registered voter and to each landowner within the proposed District asshown on the last equalized assessmentroll. Mailing of the Notice shall be completed at least fifteen days prior to the date of the Hearing.

Section 11. Voting. Should the City Council determine to form the District, a special election will be held within the District to authorize the levy of the Special Tax in accordance with the procedures contained in Section 53326 of the Act. If held, the proposed voting procedure at the election will be a landowner vote with each landowner who is the owner of record of land within the District at the close of the Hearing, or the authorized representative thereof, having one vote for each acre or portion thereof owned within the District. Ballots for the special election may be distributed by mail with return postage prepaid or by personal service.

Section 12. Exemptions from Special Tax. Except as may otherwise be provided in Exhibit " C" hereto or by law, all lands owned by any public entity, including the United States, the State of California, County of Riverside and/ or the City, or any departments or political subdivisions 186
thereof, shall be omitted from the levy of the Special Tax to be made to cover the costs and expensesof the Facilities and Services. In addition, reference is hereby made to Exhibit "C for a descriptionof other landswhichshallbeomitted from the levyof the SpecialTax.

Section 13. Election to Perform Work. Pursuant to 53329.5(c) of the Act, the City Councilfinds that, in its opinion, the public interest will not be served by allowing property owners in the District to enter into a contract pursuant to Section 53329. 5(a) PASSED, APPROVEDAND ADOPTEDthis 261hday of July 2023.

APPROVED AS TO FORM:

C G' UQ
Erica Vega
City Attorney
Gis E'C W,( -
Todd Rigby
Mayor
ATTEST:

Nq9
Marc A. Donohue, MMC
City Clerk
187

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. 23-36, was duly adopted by the City Council of the City of Eastvale, California, at a meeting held on the 2611day of July 2023, by the following vote:

AYES: Councilmembers Lorimore, McMinn, Yow, Mayor Pro Tern Dinco, and Mayor Rigby NOES:

ABSENT:

ABSTAIN:
oil
Marc A. Donohue, MMC
City Clerk
188
1 RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA,

REPEALING THE RESOLUTION OF INTENTION TO ESTABLISH CITY OF EASTVALE COMMUNITY FACILITIES DISTRICT NO. 2023-01 (LIMONITE)
WHEREAS, on July 26, 2023, the City Council adopted Resolution No. 23-36 entitled “A Resolution of Intention of the City Council of the City of Eastvale, California to Establish Community Facilities District No. 2023-01 (Limonite) and to Authorize the Levy of a Special Tax Within City of Eastvale Community Facilities District No. 2023-01 (Limonite)” (the “Resolution of Intention”), stating its intention to conduct proceedings for the formation of Community Facilities District No. 2023-01 (Limonite) (the “CFD”), of the City pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”) to finance certain services to serve the CFD (the “Services”); WHEREAS, the Resolution of Intention set September 13, 2023 at 7:00 p.m., or as soon thereafter as practical, as the date and time for a public hearing on the establishment of the CFD, the extent of the CFD, the furnishing of the Services within the CFD, and the proposed Rate and Method;
WHEREAS, upon the request of City staff, the City Council did not hold the public hearing scheduled for September 13, 2023 on the formation of the CFD and is adopting this resolution repealing the Resolution of Intention so that City staff may perform additional analysis related to the CFD;

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

Section 1. Resolution No. 23-36 is repealed.

Section 2. Nothing in this resolution shall be construed as prohibiting the City Council from adopting a new resolution of intention recommencing proceedings to establish the CFD.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Eastvale on this 13th day of September, 2023.
__________________________________________
Todd Rigby
Mayor
189
2 PPROVED AS TO FORM: ATTEST:
__________________________________________ __________________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF EASTVALE )
I, Marc A. Donohue, MMC, City Clerk of the City of Eastvale, do hereby certify that the foregoing Resolution No. 2023-____ was duly passed and adopted at a meeting of the City Council of the City of Eastvale on the 13th day of September, 2023, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Eastvale, California, this 13th day of September, 2023. ________________________________
Marc A. Donohue, MMC, City Clerk
City of Eastvale
190

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.6
September 13, 2023
Dissolution of Eastvale Community Foundation
Prepared By:

Erica L. Vega, City Attorney
Recommended Action(s)
It is recommended that the City Council take the following actions:

1 .

Appoint the Eastvale City Council as the Board of Directors of the Eastvale Community Foundation.
2 .

Appoint the City Manager as the Executive Director of the Eastvale Community Foundation. 3 .

Appoint the City Clerk as the Secretary of the Eastvale Community Foundation. 4 .

Direct the City Manager to call a mee*ng of the Board of Directors of the Eastvale Community Foundation for the purpose of dissolving the Foundation and winding up its affairs.

Summary
The Bylaws for the Eastvale Community Founda*on give the City Council the power to appoint the Board of Directors and Oﬃcers of the Founda*on. There are no current Directors or Oﬃcers appointed to serve. State law requires the Board to vote to dissolve the Founda*on and wind-up its aﬀairs. This agenda item requests that the City Council appoint itself to serve as the Board of the Founda*on and for the City Manager and City Clerk to serve as the Execu*ve Director and Secretary of the Founda*on, respec*vely, so that a mee*ng of the Board can be called to vote to dissolve the Foundation.

Background
The Eastvale Community Founda*on, Inc. was formed under the California Nonproﬁt Public Beneﬁt Corpora*on Law for the purpose of "lessening the burdens of government and to promote and 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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support the cultural, recrea*onal and human services needs of the City of Eastvale." It was founded in 2011 and has been inac*ve for many years. Because the Founda*on has not been formally dissolved, there remain ongoing obliga*ons related to the Founda*on, including annual ﬁlings with the Secretary of State and tax ﬁlings. The City is in possession of the Founda*on's assets and desires to have those assets distributed in accordance with the Bylaws of the Founda*on. The Bylaws provide that the Board of Directors, with the concurrence of the City Council, may direct any remaining assets a=er dissolu*on to other nonproﬁt corpora*ons organized and operated for the benefit of the City of Eastvale or to the City itself.

The City Council previously considered dissolving the Founda*on but several members of the public expressed interest in reviving the Founda*on and the Council decided to give those individuals the opportunity to do so. Those individuals ended up abandoning their eﬀort. At this *me there are no individuals expressing an interest in reviving the Foundation.

Environmental
Not applicable.

Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Not applicable.

Fiscal Impact
There is no ﬁscal impact at this *me. If the Board of Directors and City Council decide to distribute the Founda*ons remaining assets to the City there may be a modest posi*ve impact to the City's General Fund. As of December 2022 the account held $16,089.41.

Prior City Council/Commission Action
April 13, 2022 - City Council considered whether to revive or dissolve the Eastvale Community Foundation
Attachment(s)
Attachment 1 - Eastvale Community Foundation Inc Bylaws

Attachment 2 - Articles of Incorporation

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BYLAWS OF
EASTVALE COMMUNITY FOUNDATION, INC.

A California Nonprofit Public Benefit Corporation

1. Name
The name of this corporation is Eastvale Community Foundation , Inc.

2. Principal Office of Corporation
The principal office for the transaction of the activities and affairs of this Corporation shall be located at such place within the City of Eastva le as the Board may from time to time designate by resolution . Any such change of location must be noted by the Secretary on these Bylaws opposite this Section; alternatively, this Section may be amended to state the new location .

3. Purpose of Corporation
The public and charitable purposes for which this Corporation is organized are to lessen the burdens of government and to promote and support the cultural , recreational and human services needs of the City of Eastvale.

4. Directors
A. This Corporation shall have at least 5 and not more than 7 Directors.

B . The Directors shall be appointed to two year terms by the City Council of the City of Eastvale , who shall also have the power to fill vacancies and to remove Directors . Each term shall coincide with the City' s regular general election date. If a vacancy occurs otherwise than by expiration of a term , it shall be filled by appointment for the unexpired portion of the term by the City Council. All Directors serve at the will and pleasure of the City Council.

C . The qualifications of the Directors shall be as follows :
000050 86. D OC V3}
1) Directors must be top quality people with reputations and characters that are beyond question .
2) Directors need to have an interest in and relevance to the community and broad cultural and recreational interests . 1 Bylaws
193
3) Directors should have a good understanding of business and how it operates.
4) Directors, even though busy , must have the time and be willing to use it as needed to support the work of the Foundation . 5) Directors must exhibit a high interest in services on the Board and the goals of such service.
6) The Board of Directors should have a balance of interests, experience and skills.
7) Directors should have knowledge general business operations and it is desirable to have knowledge of major corporations and their operations. Personal contacts with corporate representatives at key locations in the operation would be desirable .
8) Directors should have fundraising capabilities, participate in all Foundation fundraising events and are committed to raise a minimum of $ 5, 000 a year for the General Fund for the administration of the Foundation .
9) Directors are expected to attend monthly Board meetings and the yearly organizational meeting.
1 0) Directors must be either residents of the City of Eastvale, or, conduct business within the City of Eastvale.

Therefore, the Directors are people who bring something to the Foundation, who have the ability to see the big picture and make the decisions necessary to move the Foundation forward.

D. A vacancy or vacancies on the Board of Directors shall occur in the event of ( a) the death or resignation of any director; ( b) the declaration by resolution of the Board of a vacancy in the office of a director who has been convicted of a felony, declared of unsound mind by a court order, or found by final order or judgment of any court to have breached a duty under California Nonprofit Public Benefit Corporation Law, Chapter 2, Article 3; ( c) action by the City Council of the City of Eastvale removing the director from office.

E. Resignation: Any director may resign by g1v1ng written notice to the Chairman of the Board, if any, or to the Executive Director or the Secretary of the Board. The resignation shall be effective when the notice is given unless it specifies a later time for the resignation to become effective.
00005086. DOC V3} 2 Bylaws
194

5. Members
The Corporation shall have no Members other than the Board of Directors.

6. Board of Directors
A. The Board of Directors shall meet once a month at a time and place within the City of Eastvale as established by resolution of the Board which resolution may be amended by majority vote of the Board.

B. A majority of Directors shall constitute a quorum to conduct business. The majority of the quorum may take action . Every action taken or decision made by a majority of the Directors present at a duly held meeting at which a quorum is present shall be an act of the Board, subject to the more stringent provisions of the California Nonprofit Public Benefit Corporation Law, including, without limitation, those provisions relating to a) approval of contracts or transactions in which a Director has a direct or indirect material financial interest , ( b) approval of certain transactions between corporations having common directorships; ( c) creation of and appointments to committees of the Board, and ( d) indemnification of Directors. A meeting at which a quorum is initially present may continue to transact business, despite the withdrawal of some Directors from that meeting, if any action taken or decision made is approved by at least a majority of the required quorum for that meeting.

C. Subject to the provisions and limitations of the California Nonprofit Public Benefit Corporation Law and any other applicable laws, and subject to any limitations of the Articles of Incorporation or Bylaws regarding actions that require approval of the members, this Corporation' s activities and affairs shall be managed, and all corporate powers shall be exercised, by or under the direction of the Board .

D. The Board shall appoint all officers; for example the Executive Director, Secretary and Chief Financial Officer. No person may simultaneously serve as Executive Director and Chief Financial Officer. The Board may remove any officer with or without cause . Any officer may resign at any time by giving written notice to the Board. The resignation shall take effect on the date the notice is received or at any later time specified in the notice. Unless otherwise specified in the notice, the resignation need not be accepted to be effective. Any resignation shall be without prejudice to any rights of the Corporation under any contract to which the officer is a party.

E. The Board of Directors shall establish procedures by Resolution in accordance with the Brown Act for the noticing and conduct of meetings . 00005086. DOC V3} 3 Bylaws
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In any event, meetings of the Board shall be in accordance with the Brown Act.

F . The Chairperson, if any, or the Executive Director, may call a special meeting of the Board at any time by written request , specifying the general nature of the business proposed to be transacted. Notice shall be promptly given in accordance with the Brown Act.

G. This Corporation shall not compensate Directors, members of committees, officers or employees for their services, but may reimburse Directors, members of committees, officers or employees for their reasonable and necessary expenses incurred on behalf of the Corporation, in accordance with such rules and procedures as may be established by Resolution of the Board of Directors.

7. Restriction on Interested Persons Serving as Directors No more than 49 percent of the persons serving on the Board may be " interested persons". An interested person is ( a) any person compensated by this Corporation for services rendered to it within the previous 12 months, and ( b) any brother, sister, ancestor, descendant, spouse, brother- in- law, sister- in- law, son- in- law , daughter- in- law, mother- in- law , or father- in- law of such person. However, any violation of this paragraph shall not affect the validity or enforceability of transactions entered into by this Corporation.

8. Responsibilities of Officers
A. Executive Director: The Executive Director shall be the General Manager of this Corporation and shall supervise, direct , and control this Corporation' s activities, affairs, and officers. The Executive Director shall preside at all Board meetings , committee meetings , or as required by the Board. The Executive Director shall have such other powers and duties as the Board or the Bylaws may require .

B. Assistant Executive Director: If the Executive Director is absent or disabled, the Assistant Executive Director shall perform all duties of the Executive Director. When so acting, a Assistant Executive Director shall have all powers of and be subject to all restrictions on the Executive Director. The Assistant Executive Director shall have such other powers and perform such other duties as the Board or the Bylaws may require .

C . Secretarv: The Secretary shall keep or cause to be kept, at this Corporations ' principal office or such other place as the Board may direct , a book of minutes of all meetings , proceedings, and actions of the Board, of committees of the Board, and of members' meetings . The minutes of meetings shall include the time and place that the meeting was held; 00005086 . DO C V3} 4 Bylaws
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whether the meeting was annual, general, or special , and, if special, how authorized; the notice given; the names of persons present at Board and committee meetings; and the number of members present or represented at members' meetings.

The Secretary shall keep or cause to be kept, at the principal California office, a copy of the Articles of Incorporation and Bylaws, as amended to date.

The Secretary shall give, or cause to be given, notice of all meetings of the Board, and of committees of the Board that the Brown Act requires to be given. The Secretary shall keep the corporate seal, if any, in safe custody and shall have such other powers and perform such other duties as the Board or the Bylaws may require.

D. Chief Financial Officer: The Chief Financial Officer shall keep and maintain, or cause to be kept and maintained , adequate and correct books and accounts of this Corporation' s properties and transactions . The Chief Financial Officer shall send or cause to be given to the Directors such financial statements and reports as are required to be given by law, by these Bylaws, or by the Board. The books of account shall be open to inspection by any director at all reasonable times.
00005086. DOC V3}
The Chief Financial Officer shall ( i) deposit, or cause to be deposited, all money and other valuables in the name and to the credit of this Corporation with such depositories as the Board may designate; ( ii) disburse this Corporations' funds as the Board may order; ( iii) render to the Executive Director, Chairman of the Board, if any, and the Board, when requested, an account of all transactions as Chief Financial Officer and of the financial condition of this Corporation; and ( iv) have such other powers and perform such other duties as the Board or the Bylaws may require.

The Chief Financial Officer shall be the primary cosigner and contact for the Corporation' s financial institution and all third party accounting and bookkeeping firms for monthly reporting and filing annual tax returns.

If required by the Board, the Chief Financial Officer shall give this Corporation a bond in the amount and with the surety or sureties specified by the Board for faithful performance of the duties of the office and for restoration to this Corporation of all of its books, papers, vouchers, money, and other property of every kind in the possession or under the control of the Chief Financial Officer on his or her death, resignation, retirement, or removal from office.
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8. Contracts/ Loans Involving Directors and Officers
A. No director of this Corporation nor any other corporation, firm, association , or other entity in which one or more of this Corporation ' s Directors have a material financial interest , shall be interested , directly or indirectly, in any contract or transaction with this Corporation, unless ( 1) the material facts regarding that director' s financial interest in such contract or transaction or regarding such common Directorship , officership, or financial interest are fully disclosed in good faith and noted in the minutes , or are known to all members of the Board prior to the Board' s consideration of such contract or transaction ; ( b) such contract or transaction is authorized in good faith by a majority of the Board by a vote sufficient for that purpose without counting the votes of the interested Directors; ( c) before authorizing or approving the transaction , the Board considers and in good faith decides after reasonable investigation that this Corporation could not obtain a more advantageous arrangement with reasonable effort under the circumstances; and ( d) this Corporation for its own benefit enters into the transaction, which is fair and reasonable to this Corporation at the time the transaction is entered into.

This subsection does not apply to a transaction that is part of a charitable program of this Corporation if ( a) approved in good faith without favoritism, b) results in a benefit to a director or family because they are in a class of persons to be benefited by the charitable program of this corporation.

B. This Corporation shall not lend any money or property to or guarantee the obligation of any director or officer without the approval of the California Attorney General ; provided , however, that this Corporation may advance money to a director or officer of this Corporation for expenses reasonably anticipated to be incurred in the performance of his or her duties if that director or officer would be entitled to reimbursement for such expenses by this Corporation .

9. Maintenance of Records
This Corporation shall maintain:

A. Adequate books and records of account.

B. Written minutes of Board meetings.

10. Right to Inspect
Every director and member of the City Council of the City of Eastvale shall have the absolute right at any reasonable time to inspect this Corporation ' s books , records, documents of every kind , physical properties, and the records of each 0000508 6 .DO C V 3} 6 Bylaws
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subsidiary. The inspection may be made in person or by the director' s agent or attorney. The right of inspection includes the right to copy and make extracts of documents.

11. Annual Report
The Board shall cause an annual report to be sent to the Directors within ( 120) days after the end of this Corporation' s fiscal year. That report shall contain the following information, in appropriate detail:

A. The assets and liabilities, including the trust funds, of this Corporation as of the end of the fiscal year;
B. The principal changes in assets and liabilities, including trust funds; C. This Corporation' s revenue or receipts, both unrestricted and restricted to particular purposes;
D. This Corporation' s expenses or disbursements for both general and restricted purposes;
E. Any information required by these Bylaws; and
F. An independent accountants' reports or, if none, the certificate of an authorized officer of this Corporation that such statements were prepared without audit from this Corporation' s books and records.

This requirement of an annual report shall not apply if this Corporation receives less than $ 25, 000 in gross receipts during the fiscal year, provided, however, that the information specified above for inclusion in an annual report must be furnished annually to any director who requests it in writing.

12. Execution of Instruments. Deposits, Checks
By Resolution the Board shall establish the authority of officers to execute instruments, receive deposits, to open bank accounts, and to sign checks for this Corporation.

13. Construction and Definitions
Unless the context requires otherwise, the general prov1s1ons, rules of construction, and definitions in the California Nonprofit Corporation Law shall govern the construction of these Bylaws. Without limiting the generality of the preceding sentence, the masculine gender includes the feminine and neuter, the singular includes the plural, the plural includes the singular, and the term person" includes both a legal entity and a natural person. 00005086 . DOC V3} 7 Bylaws
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14. Dedication of Assets
The property of this Corporation is irrevocably dedicated to public and charitable purposes and no part of the net income or assets of this Corporation shall ever inure to the benefit of any director, officer or member thereof or to the benefit of any private person . Upon the dissolution or winding up of the corporation, its assets ( other than trust funds) remaining after payment, or provision for payment, of all debts and liabilities of this Corporation shall be distributed to one or more nonprofit corporations organized and operated for the benefit of the City of Eastvale, such corporation or corporations to be selected by the Board of Directors of this Corporation with approval of the City Council of the City of Eastvale . Such nonprofit corporation or corporations must be qualified for federal income tax exemption under Section 501( c) ( 3) of the Internal Revenue Code, and be organized and operate exclusively for charitable, scientific, literary or educational purposes, or for a combination of said purposes. In the alternative, upon dissolution of the corporation, the net assets, ( other than trust funds), shall be distributed to the City of Eastvale to be used for public purposes.

15. Insurance
This Corporation shall have the right, and shall use its best efforts, to purchase and maintain insurance to the full extent permitted by law on behalf of its officers, Directors, employees , and other agents , to cover any liability asserted against or incurred by any officer, director, employee, or agent in such capacity or arising from the officer' s, director' s, employee' s or agent' s status as such.

16. Amendment of Bylaws
A simple majority of the Board may amend the Bylaws at any meeting. However, no such amendment or modification shall alter the purpose of this Corporation as set forth in Section 6. or in the Articles of Incorporation and/ or affect in any manner the tax exempt status of this Corporation and the donations to it deductible from taxable income to the extent allowed by the provisions of the Code and other applicable legislation and regulations as they now exist or as they may be amended in the future. Every amendment or modification of these Bylaws shall be in writing, shall be signed by a majority of the Board of Directors then serving and shall be delivered to each of the members of the Board then in office and shall be delivered in writing to the City Council of the City of Eastvale which shall require a vote of at least three ( 3) Council members for approval.

The term " majority," as used in this Section, is as defined in the California Nonprofit Corporation Law.

17. Maintenance of Records
00005086 . DOC V3} 8 Bylaws
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The Secretary of the Corporation shall see that a true and correct copy of all amendments of the Bylaws, duly certified by the Secretary , is attached to the official Bylaws of the Corporation and is maintained with the official records of the Corporation at the principal office of the Corporation.

18. Certificate of Secretary
A Certificate of the Secretary of this Corporation shall be affixed to the original, or most recent amended version of the Bylaws, such Certificate to be in the following form .

CERTIFICATE OF SECRETARY
I certify that I am the duly elected and acting Secretary of the Eastvale Community Foundation, a California Nonprofit Public Benefit Corporation, that the above bylaws, consisting of pages, are the bylaws of this Corporation as adopted by the Board of Directors on , and that they have not been amended or modified since that date.

Executed _______ at Eastvale, California.

Secretary
00005086 . DOC V3} 9 Bylaws
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AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.7
September 13, 2023
Adop(on of a Resolu(on Accep(ng Easements for Limonite Gap Closure Project
Prepared By:

Jimmy Chung, Public Works Director/City Engineer
Recommended Action(s)
Staﬀ recommends that the City Council adopt Resolu on 23-XX, authorizing the City Manager to accept easements needed for the Limonite Gap Closure Project pursuant to Government Code Section 27281.

Summary
On July 26, 2023, the City Council approved a Construc on Contract with Or z Enterprise, Inc. for Limonite Gap Closure Project ("Project"). The Project involves the construc on of a new vehicular bridge and a mul -purpose trail. The Project loca on map is included in A:achment 1. In order to construct the cri cal components of the Project, it is required to obtain both permanent and temporary easements in real property from properties abutting the Limonite Gap Closure Project.

Background
Permanent Easements
On July 7, 2016, the Parcel Map 35865 was recorded by Providence Archibald, LLC (also known as Orbis Eastvale Partners, LLC) a=er being approved by the City Council on June 8, 2016. Since the recording, the Parcel 1 was purchased by Providence Owner. The Lot is located on the southeast corner of Limonite Avenue and Cucamonga Creek Storm Drain. A copy of the Parcel Map 35865 is included in A:achment 3. There are two easements being acquired at this me: one for Foo ng (113 square feet) and one for Street (62 square feet).

Temporary Easements 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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Transwestern Development is situated west of the Cucamonga Channel, and it is bisected by the new Limonite Avenue. On December 22, 2021, the Parcel Map 37635 was recorded by TDC REMINGTON PARTNERS LLC a=er being approved by the City Council on December 8, 2021. A copy of the Parcel Map 37635 is included in A:achment 4. Two temporary construc on easements are required from TDC REMINGTON PARTNERS LLC, a Delaware limited liability company, and they are located in Parcel 1 of Parcel Map 37635 (5,174 square feet) and Parcel 2 of Parcel Map 37635 (555 square feet).

One temporary construc on easement is required from Lot D of Parcel Map 35865 (394 square feet). This vacant lot is located at the southeast corner of Cucamonga Creek Channel and the new Limonite Avenue, and it is owned by CAMPUS MAINTENANCE CORP.

Environmental
A Mi gated Nega ve Declara on for the project was prepared and was adopted by the City Council at the September 9, 2020 City Council Meeting.

Strategic Plan Action - Priority Level: N/A
| Target #: E
| Goal #: E
Improve connectivity
Fiscal Impact
There is no ﬁscal impact at this me. Long term maintenance of the streets and appurtenances will be the City’s obliga on. Once ul mate improvements are completed as part of the Capital Improvement Project that includes the extension of Limonite Avenue, special revenue funds from the Community Facility District (CFD) will be used for the maintenance of this area. At this me, the CFD formation is in progress.

Prior City Council/Commission Action
On June 6, 2016, the City Council approved Parcel Map 35865.

On December 8, 2021, the City Council approved Parcel Map 37635.

On July 26, 2023, the City Council awarded the Construction Contract to Ortiz Enterprises, Inc.

Attachment(s)
Attachment 1 - Project Location Map

Attachment 2.1 - Resolution 23-XX

Attachment 2.2- Exhibit B to Resolution
Attachment 3 - Parcel Map 35865

Attachment 4 - Parcel Map 37635

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
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4866-8841-3540 v2
RESOLUTION NO. 23-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE,

CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ACCEPT

EASEMENTS NEEDED FOR THE LIMONITE GAP CLOSURE PROJECT
PURSUANT TO GOVERNMENT CODE SECTION 27281
WHEREAS, pursuant to Government Code Section 27281, deeds or grants conveying any interest in or easement upon real property to a city or governmental agency for public purposes shall not be accepted for recordation without the consent of the grantee evidenced by a certificate of acceptance attached to or printed on the deed or grant; and
WHEREAS, pursuant to Government Code Section 27281, a City or governmental agency, by general resolution, may authorize one or more officers or agents to accept and consent to such deeds or grants by executing a certificate of acceptance; and WHEREAS, on the City is constructing roadway improvements on Limonite Avenue in the City between Archibald Avenue and Hellman Avenue, including a bridge spanning the Cucamonga Creek (“Limonite Gap Closure Project”) that requires the City to obtain both temporary and permanent easements in real property from properties abutting the Limonite Gap Closure Project.

WHEREAS, the City Council finds that to avoid construction delays and associated costs, it would be appropriate to authorize the City Manager to accept real property interests from the owners of the properties abutting to the Limonite Gap Closure Project on behalf of the City of Eastvale.

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

SECTION 1. The above recitals are hereby declared to be true and correct findings of the City Council of the City of Eastvale and are incorporated herein.

SECTION 2. The City Manager of the City of Eastvale is hereby authorized to accept permanent and temporary easements on, over, across, and along properties abutting the Limonite Gap Closure Project on behalf of the City of Eastvale, pursuant to Government Code Section 27281, by executing an appropriate certificate of acceptance in a form substantially similar to Exhibit A attached hereto and incorporated herein by this reference.

SECTION 3. The City Manager of the City of Eastvale is hereby authorized to execute Temporary Construction Easement agreements on behalf of the City of Eastvale associated with the acquisition of temporary construction easements for the Limonite 208
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Gap Closure Project in a form substantially similar to Exhibit B attached hereto and incorporated herein by this reference.

PASSED, APPROVED AND ADOPTED this 13th day of September, 2023. ______________________________
Todd Rigby
Mayor
APPROVED AS TO FORM: ATTEST:
_________________________ _____________________________ Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk/Communications Director
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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 13th day of September, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Marc A. Donohue, MMC
City Clerk/Communications Director
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EXHIBIT A

FORM OF CERTIFICATE OF ACCEPTANCE

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the attached instrument is hereby accepted by order of the City Manager on behalf of the City Council of the City of Eastvale, pursuant to the authority conferred by City Council Resolution No. 23- __ dated September 13, 2023 and grantee consents to recordatio n thereof by its duly authorized officer.

CITY OF EASTVALE, a municipal corporation
By: _____________________
City Manager
Date:

ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )
On ____________________, 2023 before me, ___________________________, Notary Public, personally appeared _________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ___________________________________ (seal)
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EXHIBIT B

FORM TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
(under separate cover)
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RECORDING REQUESTED BY:

AND WHEN RECORDED MAIL TO:

City of Eastvale
City Clerk’s Office
12363 Limonite Ave., Suite 910
Eastvale, CA 91752
THE AREA ABOVE IS RESERVED FOR RECORDER’S USE
APN: __________________

TEMPORARY CONSTRUCTION AND ACCESS EASEMENT

AGREEMENT

THIS TEMPORARY CONSTRUCTION AND ACCESS EASEMENT
AGREEMENT (“AGREEMENT”) is entered into as of the ___________ day of _______________, 2023, by and between _________________________ (“GRANTOR”) and the CITY OF EASTVALE, a Municipal Corporation and general law city (“CITY”). GRANTOR and CITY may also be referenced as Party or Parties.

RECITALS
A. GRANTOR is the legal owner of real property, including all improvements located thereon, in the City of Eastvale, County of Riverside, State of California, and more particularly known as ________________________ (APN: ______________) (“PROPERTY”);
B. CITY is constructing ___________________________ (“PROJECT”). The PROJECT consists of:
 ___________________________
 _________________________
C. To construct the PROJECT, the City will need a temporary construction easement in and over portions of the PROPERTY as more particularly described and depicted in Exhibit “A”(“TCE”), attached hereto and incorporated herein.

TERMS
NOW, THEREFORE, in consideration of the promises set forth herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CITY and GRANTOR agree as follows:

1. Incorporation of Recitals.

Each of the Recitals set forth above is incorporated herein by this reference. 213

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2. Grant of Temporary Construction and Access Easement.

GRANTOR hereby grants to CITY the TCE for the purposes of constructing the PROJECT. The TCE shall include, without limitation, the right and privilege of City and its employees, agents, representatives, contractors, subcontractors, and workmen (collectively “AUTHORIZED PERSONNEL”) to: (i) use, control, and occupy the TCE in order to perform all activities as may be necessary for construction of the PROJECT; (ii) use and temporarily place and operate tools, equipment, machinery, and materials on and within the TCE area; (iii) remove improvements, and trim, cut, or clear away any trees, brush, or other vegetation or flora within the TCE area. Hereinafter, items (i)-(iii) shall be collectively referred to as the “Work.”
The TCE term shall be for a period not to exceed _______________. The Term of the TCE shall commence following written notice provided to GRANTOR by the City or Authorized Personnel. At the expiration of the TCE term, the City shall restore such property to a condition as near as practicable to the condition that existed immediately prior to City’s operations. The City, however, shall not be required to restore vegetation to the pre-existing condition. Upon completion of the Work, City will cause all of the equipment, materials, tools, trash, and debris to be removed from the TCE area.

In no event shall the term of the TCE extend beyond _____________.

3. CITY Performed Work.

All Work done under this AGREEMENT shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such Work, and shall be done in a good and workmanlike manner.

4. Indemnification.

CITY shall indemnify, defend and hold harmless GRANTOR, from and against all claims, causes of action, damages, liabilities, injuries, actions, costs and expenses (“CLAIMS”), caused by the gross negligence or willful misconduct of the CITY in the exercise of CITY’s rights under this AGREEMENT, or Work performed in connection with the PROJECT, excepting only such CLAIMS as may be the result of intentional acts or negligence of the GRANTOR.

7. No Leases.

GRANTOR warrants there are no oral or written leases on all or any portion of the TCE area. In the event the CITY later determines that there is an oral or written lease on all or a portion of the TCE area, GRANTOR shall hold CITY harmless and reimburse CITY for any and all of its losses and expenses occasioned by reason of any lease of the TCE area.

8. Release of Claims.

Except as otherwise provided in Clause 4 herein, GRANTOR hereby waives and releases all rights, claims, costs, expenses, demands, damages or causes of action the GRANTOR has or may have in the future against CITY as a result of or arising out of CITY’S construction of the PROJECT, and acquisition of the TCE area. GRANTOR 214

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acknowledges that it is familiar with Section 1542 of the Civil Code of the State of California, which provides:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
GRANTOR hereby waives and relinquishes any right or benefit which it has or may have under Section 1542 of the Civil Code of the State of California or any similar provision of statutory or nonstatutory law of any other applicable jurisdiction to the full extent that it may lawfully waive all such rights and benefits pertaining to the subject matter of this Section.

9. Integrity of Property.

Except as otherwise provided herein or by express written permission granted by CITY, GRANTOR shall not, after the date of execution of this AGREEMENT and the receipt of consideration, alienate, lien, encumber or otherwise transfer the PROPERTY or any portion thereof or allow the same to occur, cause or allow any physical changes on the PROPERTY, or enter into a lease or contract with respect to the PROPERTY or any portion thereof which would survive the receipt of consideration and impair CITY’S use of the TCE. At its sole expense, GRANTOR shall maintain the PROPERTY in a condition so as not to interfere with CITY’S TCE.

9. Modification, Waiver.

No modification, waiver, amendment or discharge of this AGREEMENT shall be valid unless the same is in writing and signed by both Parties.

10. Severability.

If any term, provision, covenant or condition of this AGREEMENT is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this AGREEMENT shall be severable and shall not be affected thereby, and each of the remaining terms, provisions, covenants or conditions of this AGREEMENT shall be valid and enforceable to the fullest extent permitted by law.

11. Specific Performance and Other Remedies.

The Parties understand that the interests and rights being conveyed by this AGREEMENT are unique and for that reason, among others, the Parties will be irreparably damaged in the event that this AGREEMENT is not specifically enforced.

Accordingly, in the event of any controversy concerning the obligations under this AGREEMENT, such obligation shall be enforceable by a decree of specific performance or by injunction. Such remedies and all other rights and remedies set forth herein shall be cumulative and not exclusive, and shall be in addition to any and all other remedies which the Parties may have hereunder at law or in equity.

12. Successors and Assigns.

This AGREEMENT shall run with the land. All terms of this AGREEMENT shall be 215

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binding upon, inure to the benefit of, and be enforceable by the Parties hereto and their respective heirs, legal representatives, successors, and assigns.

13. Waiver.

The waiver by one Party of the performance of any term, provision, covenant or condition shall not invalidate this AGREEMENT, nor shall it be considered as a waiver by such Party of the same condition in the future or a waiver of any other term, provision, covenant or condition. Delay by any Party in pursuing any remedy or in insisting upon full performance for any breach or failure of any term, provision, covenant or condition shall not prevent such Party from later pursuing remedies or insisting upon full performance for the same or any similar breach or failure.

14. Notices.

All notices, requests, demands, and other communications under this AGREEMENT shall be in writing and shall be deemed to have been duly given on the date of delivery if served personally on the Party to whom notice is to be given, or if mailed, five (5) days after mailing by first class mail, registered or certified mail, postage prepaid, and properly addressed as follows. Any Party may change its address for purposes of this section by giving the other Party written notice of the new address in the manner set forth above.

CITY: City of Eastvale
City Clerk’s Office
12363 Limonite Ave., Suite 910
Eastvale, CA 91752
GRANTOR: __________________
__________________
__________________

17. Condition Precedent: Approval of CITY and GRANTOR.

GRANTOR understands that this AGREEMENT is subject to the approval of City Council of the CITY or authorized designee and that this AGREEMENT shall have no force or effect unless and until such approval has been obtained.

18. Authority to Sign.

GRANTOR and the signatories for GRANTOR represent and warrant that GRANTOR’S signatories to this AGREEMENT are authorized to enter into this AGREEMENT and that no other authorizations are required to implement this AGREEMENT on behalf of GRANTOR.

19. Counterparts Signature.

This AGREEMENT may be executed in counterparts, each of which shall be an original, but all counterparts shall constitute one AGREEMENT.

20. Entire Agreement.

This AGREEMENT constitutes the entire AGREEMENT between the Parties relating to the subject of this AGREEMENT and supersedes all previous agreements, promises, 216

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representations, understandings and negotiations, whether written or oral, among the Parties with respect to the subject matter hereof. The performance of this AGREEMENT constitutes the entire consideration for the conveyance of the TCE and shall relieve CITY of all further obligations or claims on this account or on account of the location, grade or operation of the PROJECT as designed.

21. Recording.

This AGREEMENT shall be recorded in the Official Records of Riverside County, State of California. The Parties shall execute all other documents necessary to memorialize or implement the terms and provisions of this AGREEMENT or to memorialize the termination of this AGREEMENT and the TCE.

IN WITNESS WHEREOF, the Parties have executed this AGREEMENT as of the day and year first above written.

CITY: GRANTOR:

CITY OF EASTVALE ____________________
By: By:

Mark Orme, City Manager
Date: By:

ATTEST: Date:

By:

Marc Donohue, MMC, City Clerk
Date:

APPROVED AS TO FORM:

By:

Erica Vega, City Attorney
Date:
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4881-0322-2637 v1

NOTARY ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
)
COUNTY OF _____________ )
On ___________________, 2022, before me, _____________________, Notary Public, personally appeared ___________________________, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: (Seal)
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4881-0322-2637 v1

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: (Seal)
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EXHIBIT A

TEMPORARY CONSTRUCTION EASEMENT
[To be attached]
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4881-0322-2637 v1

EXHIBIT B

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the TEMPORARY CONSTRUCTION AND ACCESS EASEMENT AGREEMENT, from
________________________________ (“Grantor”) to the CITY OF EASTVALE ( “City”), is hereby accepted by the undersigned officer or agent on behalf of the City pursuant to authority conferred by Resolution No. _____, dated _________, _____, and the Grantee consents to recordation thereof by its duly authorized officer.

Date: ______________, ____ “Grantee”

CITY OF EASTVALE
Mark Orme, City Manager
State of California )
) ss
County of ___________ )
On , before me, __________________________________________, (Name of Notary)
notary public, personally appeared ______________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(Notary Signature)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 222
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AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.8
September 13, 2023
Support for the Brightline West High-Speed Rail Project Prepared By:

Stephanie Vasquez, Assistant to the City Manager
Recommended Action(s)
Staﬀ recommends that the City Council approve a Resolu

on Suppor
ng Brightline West and the
Nevada Department of Transporta
on’s Federal-State Partnership for Intercity Passenger Rail Grant Application to the United States Department of Transportation

Summary
Brightline West’s proposed 218-mile, all-electric high-speed rail project will connect Las Vegas to Southern California with the na
on's ﬁrst true high-speed passenger rail system. It will include a ﬂagship sta
on in Las Vegas, with addi
onal sta
ons in Apple Valley, Hesperia, and Rancho
Cucamonga. The Cucamonga Sta
on will be a mul
-modal transporta
on hub and the ﬁrst such
sta
on in the United States that will provide direct connec ons to air travel, bus service, and local
passenger rail all in one place.

Brightline West con
nues to achieve milestones that are cri
cal to their project. On August 23,
2023, the California Infrastructure and Economic Development Bank (IBank) approved issuing bond ﬁnancing to construct por
ons of the high-speed rail line in California and its related sta ons. One
of the next signiﬁcant steps for the project is a decision on its applica on for an Intercity Passenger
Rail Grant from the United States Department of Transporta on (USDOT). Brightline’s applica
on
was submitted in partnership with the Nevada Department of Transportation (NDOT).

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Background
On April 17, 2023, Brightline West and the NDOT applied for the USDOT’s Federal-State Partnership for Intercity Passenger Rail Grant program. The Grant provides funding for capital projects that reduce the state of good repair backlog, improve performance, or expand or establish new intercity passenger rail service, including privately operated intercity passenger rail service. Grant recipients are expected to be announced at the end of the third quarter of this year or early in the year’s fourth quarter. The application sets forth a request for $3.75 billion.

Earlier this year, the Brightline West Project received a $25 million Rebuilding America Infrastructure with Sustainability and Equity grant award (“RAISE Grant”), also from the USDOT. The RAISE Grant will fund the ﬁnal design and construc
on of two Brightline West sta
ons and associated facili
es in
Hesperia and Apple Valley. Addi
onally, Brightline West has secured all cri
cal sta
on land and
right-of-way, cleared environmental review of the project, prepared the necessary engineering and design work, and put in place labor agreements to help facilitate construc on once it commences.

Combined with the RAISE Grant, receiving the full Intercity Passenger Rail Grant award will unlock private funding and ensure the project begins construc
on and is in service in
me for the 2028
Summer Olympics in Los Angeles.

The Brightline West project will posi
vely impact the region, providing a cleaner, safer, and faster alterna
ve to driving to and from Las Vegas and connec
ng travelers from all over the world to the
Inland Empire. Therefore, staﬀ believes it is essen
al to show support for this transforma
onal
project. The project will be a catalyst for tourism and economic development.

Environmental
There are no environmental impacts with the approval of the resolution.

Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Not applicable.

Fiscal Impact
Not applicable.

Prior City Council/Commission Action
No prior City Council action.

Attachment(s)
Attachment 1 - Resolution City Council Passenger Rail

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235
RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA,

SUPPORTING BRIGHTLINE WEST AND THE NEVADA DEPARTMENT OF TRANSPORTATION’S FEDERAL-STATE PARTNERSHIP FOR INTERCITY PASSENGER

RAIL GRANT APPLICATION TO THE UNITED STATES DEPARTMENT OF

TRANSPORTATION
WHEREAS, on April 17, 2023, Brightline West and the State of Nevada Department of Transportation (“NDOT”) submitted an application for the Federal-State Partnership for Intercity Passenger Rail Grant to the U.S. Department of Transportation; and WHEREAS, the Federal-State Partnership for Intercity Passenger Rail Grant provides funding for capital projects that reduce the state of good repair backlog, improve performance or expand or establish new intercity passenger rail service, including privately operated intercity passenger rail service; and
WHEREAS, the Brightline West Project will connect Las Vegas and Southern California through planned stations in Las Vegas and San Bernardino County, with connectivity to Los Angeles County through Metrolink; and
WHEREAS, the Brightline West Project will positively impact the Inland Empire by providing a cleaner, safer, and faster alternative to driving to and from Las Vegas, as well as connecting travelers from all over the world to the region; and WHEREAS, the Brightline West Project is expected to be a catalyst for tourism and economic development in the Inland Empire; and
WHEREAS, in June 2023, the Brightline West Project received a $25 million Rebuilding America Infrastructure with Sustainability and Equity grant award (“RAISE Grant”) from the U.S.

Department of Transportation; and
WHEREAS, the RAISE Grant will fund the final design and construction of two Brightline West stations and associated facilities in Hesperia and Apple Valley, California; and WHEREAS, together with the RAISE Grant, the Federal-State Partnership for Intercity Passenger Rail grant will be an important component to implementing the Brightline West Project and creating a positive environmental and economic impact in the Inland Empire.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA HEREBY RESOLVES AS FOLLOWS:

Section 1. The above recitals are true and correct and are a substantive part of this Resolution.
236
Section 2. The City Council hereby declares its support for the Brightline West and NDOT application for the Federal-State Partnership for Intercity Passenger Rail Grant.

Section 7. The City Clerk shall certify the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 13 day of September, 2023. __________________________________________
Todd Rigby
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________________ __________________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk/Communications Director
237

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §

CITY OF EASTVALE )

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk/Communications Director
238

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.9
September 13, 2023
Second Contract Amendment with Geocon West Inc. for the Eastvale Civic Center
Prepared By:

Jimmy Chung, City Engineer/Public Works Director
Recommended Action(s)
Staﬀ recommends that the City Council a
uthorize the City Manager to execute a contract
amendment with Geocon to provide addi%onal geotechnical services for an addi%onal amount of $12,300 for a total not to exceed amount of $45,325.

Summary
The original contract with Geocon was approved by the City Manager for a lump sum fee of $4,725 to provide an ini%al peer review of the geotechnical report from the developer. Upon review, it was determined that additional testing is required and revised foundation design values is required.

Council approved the first contract amendment for the following geotechnical services:
peer review,
soil testing, prepare geotechnical report, construction recommendations, and grading inspections.

This second amendment stems from the Civil Engineer of Record, who is currently preparing the grading and drainage plan, and needs addi%onal soil percola%on informa%on that is lacking in currently available soils report.

Background
With the design Architectural and Engineering services procured, the City needed a Geotechnical Engineer of Record who will provide geotechnical recommenda%ons for the City. The developer had prepared a geotechnical report for the en%re 160 acre Leal site, but upon review of said report it was determined that those recommenda%ons will not be adequate for Civic buildings' founda%on loads due to the soil condi%on at the south-east quadrant of the property having higher levels of organic content and higher amount of undocumented material. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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239

Addi%onal tes%ng is required to have a be<er understanding of the soil condi%on near the Civic buildings so that founda%on design values can be determined for Civic building loads and exis%ng soil condi%ons. Geocon's role will be that of a Geotechnical Engineer of Record for the project, who is responsible for all geotechnical aspect of project design and construction.

In addi%on to the service at the southeast quadrant, Geocon's report and recommenda%ons will include the future fire station site at the northwest corner of the Leal property.

Geocon has already provided the peer review service for a lump sum fee of ($4,725.00). With previous contract amendment, Geocon will provide their services for a lump sum amount of
($22,300.00) ; plus a not to exceed amount of six thousand dollars ($6000.00) for inspections.

With this second amendment, Geocon will provide the drilling and percola%on tests for a lump sum fee of twelve thousand three hundred dollars ($12,300.00) for a total not to exceed amount of forty five thousand three hundred twenty five dollars ($45,325.00).

Consul%ng costs for professional engineering services are budgeted under the account 600-500- 6650.

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 a<ract 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.

Fiscal Impact
Total ﬁscal impact is $45,325. Adequate General Fund 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.

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. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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On October 12, 2022 the City Council authorized the City Manager to execute a contract amendment with Gensler architectural services for $230,000, for a combined amount not-to-exceed $250,000, to perform planning and pre-design services for Downtown Eastvale.

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.

On May 10, 2023, the City Council authorized the City Manager to execute a contract amendment with Gensler which included a team of subconsul%ng Engineers of Record for architectural, engineering, and interior design services for Phase 1 of the Civic Center Project (City Hall, Library, Police Station, Civic Plaza, Civic Park) for total contract not-to-exceed amount of $12,178,295.

On June 28, 2023, City Council authorized the City Manager to execute a contract amendment with Geocon for a total not-to-exceed amount of $33,025.

With this approval, City Manager will execute a second contract amendment with Geocon for an additional $12,300, for a total not-to-exceed amount of $45,325.

Attachment(s)
Attachment 1 - Geocon Contract Amendment 2

Attachment 2 - Proposal for Percolation Tests

Attachment 3 - Geocon Agreement for Services - Original Contract

Attachment 4 - Geocon Contract Amendment 1

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4859-3327-1678 v1 -1-
Second Amendment to Agreement
This Second Amendment to Agreement (“Second Amendment”) is entered into this 13 th day of September, 2023 by and between the City of Eastvale, a California general law city (“City”), and Geocon West, Inc., a California corporation (“Contractor”), as follows:

RECITALS
A. City and Contractor entered in an agreement for geotechnical services on or about May 11, 2023 (“Agreement”).

B. The Agreement authorized Contractor to provide peer review and grading recommendation services for an amount not to exceed $4,725.

C. A First Amendment to the Agreement was approved by the City Council on June 28, 2023 to expand the Scope of Work to include peer review, soil testing, preparation of a geotechnical report, construction recommendations, and grading inspections, and increase the compensation not to exceed amount by $28,300.

D. The purpose of this Second Amendment is to further expand the Scope of Work to perform more soils testing determined to be needed by the civil engineer of record, and increase the compensation not to exceed amount to pay for the testing by $12,300.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this Second Amendment which modifies and amends the Agreement as follows:

1. AMENDMENTS.
a. Exhibit A (Scope of Services) is amended to add the following text:
“Scope D – Percolation Tests
Dry well testing at three locations within the site.
 Mark the dry well locations and notify Underground Service Alert of Southern California (USA) to mark subsurface utility conflicts. They will only mark utilities within public right of way. If the City suspects there are subsurface utilities within the site, a private utility locating contractor is recommended and can be provided at an additional cost.
 Excavate up to three small diameter geotechnical borings to depths of 50 to 70 feet at locations provided by KPFF utilizing a truck mounted CME 75 hollow stem auger drill rig. We will log the borings in accordance with the USCS and collect soil samples for laboratory testing. Percolation testing equipment will be constructed within each boring and they will be 242
4859-3327-1678 v1 -2-
presaturated. Work does not include the characterization, drumming, or other handling or mitigation of contaminated soils.
 Perform dry well, falling head, percolation testing within the three borings utilizing a water truck subcontractor. The City will provide a water source near the site for our use during the testing. Contractor will remove the PVC pipe and manually backfill the borings upon completion.  Perform laboratory tests on soil samples collected. Testing will include grain size analyses.
 Percolation information will be included in the geotechnical report.” b. Section 4(a) is amended to increase the lump sum compensation amount to not to exceed forty-five thousand three hundred twenty five dollars ($45,325.00). c. Exhibit B (Compensation) is amended in its entirety to read as follows:
“Compensation shall be paid in lump sums after the relevant portion of the Services has been rendered and accepted by the City in accordance with the following:

Scope A - $2,225
Scope B, Alternate 1 - $2,500
Scope B, Alternate 2 - $22,300
Scope C - $930 per inspection, not to exceed $6,000
Scope D - $12,300”

2. GENERAL PROVISIONS.
a. Remainder Unchanged . Except as specifically modified and amended in this Second Amendment, the Agreement remains in full force and effect and binding upon the parties. b. Integration. This Second 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 Second Amendment. c. Effective Date. This Second Amendment shall not become effective until the date it has been formally approved and executed by the appropriate authorities of the City and Consultant.
d. Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Second Amendment.
e. References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Second Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Second Amendment. 243
4859-3327-1678 v1 -3-
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year Second written above.

CITY OF EASTVALE:
____________________________
Mark Orme, City Manager
APPROVED AS TO FORM:
____________________________
Erica L. Vega, City Attorney
ATTEST:
____________________________
Marc Donohue, City Clerk
GEOCON WEST, INC.
___________________________
Joseph J. Vettel, CEO
244
41571 Corning Place, #101 ■ Murrieta , California 92562 ■ Telephone 951-304-2300 ■ geoconinc.com

Project No. T3026-22-01
August 9, 2023

City of Eastvale
12363 Limonite Avenu8e, Suite 910
Eastvale, California 91752

Attention: Mr. Jimmy Chung, P.E., City Engineer

Subject: PROPOSAL FOR GEOTECHNICAL INVESTIGATION &

DRY WELL PERCOLATION TESTING
PHASE 1 OF THE PROPOSED EASTVALE CIVIC CENTER

AND PROPOSED FIRE STATION

EASTVALE, CALIFORNIA

Reference: Geotechnical Evaluation for Mass Grading, Including Near Surface Organic Content, for the Proposed Approximately 160‐Acre “Leal” Property, City of Eastvale, California, prepared by LGC Geotechnical, Inc., dated September 22, 2022.

Dear Mr. Chung:

In accordance with your request, Geocon West, Inc. (Geocon) is pleased to submit our revised scope and fee proposal to perform three dry well percolation tests to depths of 50 to 70 feet with our previously proposed geotechnical investigation within Phase 1 of the Eastvale Civic Center site and at the proposed fire station site located within the Leal property north of Limonite Avenue between Scholar Way and Hamner Avenue in Eastvale, California.

PROJECT UNDERSTANDING
Geocon provided revised scope and fee for the geotechnical investigation for Phase I of the Civic Center in our June 14, 2023 proposal to also include the fire station site. KPFF has requested we also perform 2 to 3 dry well percolation tests to depths of 50 to 70 feet at locations provided by KPFF with the geotechnical investigation.

SCOPE OF SERVICES
Based on the email forwarded to Geocon by you dated August 8, 2023, Geocon has included the following services to perform dry well percolation testing at three locations wi thin the site with the previously proposed (June 14, 2023) geotechnical investigation.

245
Geocon Project No. T3026-22-01 - 2 - August 9, 2023
• Mark the dry well locations and notify Underground Service Alert of Southern California (USA) to mark subsurface utility conflicts. They will only mark utilities within public right of way. If the client suspects there are subsurface utilities within the site, a private utility locating contractor is recommended and can be provided at an additional cost.
• Excavate up to three small diameter geotechnical borings to depths of 50 to 70 feet at locations provided by KPFF utilizing a truck mounted CME 75 hollow stem auger drill rig. We will log the borings in accordance with the USCS and collect soil samples for laboratory testing. Percolation testing equipment will be constructed within each boring and they will be presaturated. We have budgeted one day for this work. Our work does not include the characterization, drumming, or other handling or mitigation of contaminated soils.
• Perform dry well, falling head, percolation testing within the three borings utilizing a water truck subcontractor. We have assumed the City will provide a water source near the site for our use during the t esting. We will remove the PVC pipe and manually backfill the borings upon completion. We have budgeted one day for this work.
• Perform laboratory tests on soil samples collected. We expect the testing program will include grain size analyses.
• Include the percolation information in the geotechnical report.

SCHEDULING & COST OF SERVICES
The geotechnical investigation for PH 1 of the Civic Center and the fire station is estimated at $19,900.

The dry well percolation testing can be performed for an additional $12,300 for a total budget of $32,200.

You have requested we schedule the field work shortly after August 23, 2023 . Our field work will be performed in two days, with laboratory testing performed in two weeks, and the report completed approximately two weeks after the laboratory testing for a report delivery time frame of approximately 5 weeks after our initial mark out, depending on equipment availability.

Geocon strongly recommends the use of private utility location if subsurface utilities are suspected within the site, as it can reduce the risk of damaging existing utilities during exploration. This service can be performed for an additional lump sum fee of $2,400.

The client is responsible for accurately delineating the locations of all subterranean structures and utilities as well as the location of sensitive natural habitats and/or archaeological sites. At a minimum we will contact Underground Service Alert (USA) to delineate public utilities within the site prior to performing drilling operations; however, we will not be responsible for damage to any such lines, structures, vegetation, or archaeological sites that are not accurately marked by USA or shown accurate ly on the plans provided to us. Geocon will take reasonable precautions to avoid known subterranean structures, and Client waives any claim against Geocon, and agrees to defend, indemnify, and hold Geocon harmless from any claim or liability for injury or loss, including costs of defense, arising from damage done to subterranean structures and utilities not identified or accurately located. 246
Geocon Project No. T3026-22-01 - 3 - August 9, 2023
The proposed scope of services does not include the evaluation or identification of the potential presence of hazardous materials on the site.

We have assumed our work can be performed during normal business hours of 7 am -5 pm M-F and weekend or night work will not be necessary. We have also assumed that we will be granted access to all areas of the site.

The dense vegetation at the fire station site should be stripped or mowed to allow access.

Some disturbance to the ground surface will occur as a result of accessing the desired locations; although we will be careful to limit the extent of such occurrences, they cannot be avoided and this proposal does not include any costs to re-grade, re-vegetate, landscape or otherwise repair disturbed areas.

Fees and time associated with required permits, if any, are not included in this proposed fee. Permit fees, if required, will be added to our invoice as a reimbursable expense.

We prepared this proposal with the u nderstanding that this is a prevailing wage project ; however, Skilled and Trained Workforce Requirements are not applicable. If Client should conclude the foregoing understanding is incorrect, please so advise us in writing immediately. If failure to so ad vise us results in the imposition of fines, penalties, claims or damages against us, Client will reimburse us for all costs and expenses.

In preparing this proposal, we have made every effort to anticipate subsurface conditions and to coordinate with regulatory agency personnel regarding the scope of our investigation. However, regulatory agencies occasionally request additional exploration or clarification to assure that investigations are complete and fully understood by all concerned parties. Should additional exploration, addendum, update reports or letters become necessary, following the completion of our report; they will be billed on a time and materials basis.

LIMITATIONS
Please carefully review the contents of this proposal and the enclosed Schedule of Fees , which are incorporated into and made a part of this proposal. If they meet with your approval, issue an agreement for Geocon’s review and execution. We will commence with the scope of services outlined herein upon receipt of your written authorization; however, services provided by Geocon will be pursuant to this proposal and the Schedule of Fees until or unless a mutually agreed upon, negotiated contract is finalized.

Please be advised that if Geocon is required to provide an immediate defense to Client pursuant to a claim alleging the negligence of Geocon, Client will be billed on a time and materials basis for such defense in accordance with Geocon’s Schedule of Fees, and if there is a final determination by a court of competent jurisdiction that a portion of the damages awarded in connection with a claim were caused by or attributable to Geocon, then Geocon shall be obligated to reimburse Client for that portion of the defense costs reasonably incurred by Client which is attributable to the portion of the damages caused by or attributable to Geocon. Notwithstanding the foregoing, under no circumstances shall Geocon be liable for providing an immediate defense to Client for any claim not alleging the negligence or other liability of Geocon. 247
Geocon Project No. T3026-22-01 - 4 - August 9, 2023

It is mutually agreed between Client and Geocon that all services afforded and work performed by Geocon are provided pursuant to Civil Code Section 2782 and such agreement is expressly integrated into and made a part of any and all contracts or agreements entered into between the parties.

Should you have any questions regarding this proposal, or if we may be of further service, please contact the undersigned at your convenience.

Very truly yours,

GEOCON WEST, INC.

Lisa A. Battiato, CEG
Regional Manager/Senior Geologist

Attachments: 2023 SOF
Distribution: Addressee (email)
248

GEOCON WEST, INC • 41571 Corning Place, Suite 101, Murrieta, A 92562 www.geoconinc.com • 951.304.2300

GEOTECHNICAL

ENVIRONMENTAL
MATERIALS 2023 Schedule of Fees – RV23

PROFESSIONAL SERVICES
Word Processor/Non-Technical Assistant/Draftsman .................................................................................................................................................. $90/hr.

Engineering Assistant/Lab Technician. ......................................................................................................................................................................... $90/hr.

Engineering Field Technician ........................................................................................................................................................................................*80/hr.

Senior Field Technician .................................................................................................................................................................................................*80/hr.

Special Inspector (Concrete, Rebar, Masonry, Welding, etc.) .....................................................................................................................................*90/hr.

Field Technician Supervisor ....................................................................................................................................................................................... *120/hr.

Staff Engineer/Geologist ............................................................................................................................................................................................. *125/hr.

Sr. Staff Engineer/Geologist ....................................................................................................................................................................................... *135/hr.

Project Engineer/Geologist ......................................................................................................................................................................................... *145/hr.

Senior Project Engineer/Geologist ............................................................................................................................................................................. *155/hr.

Senior Engineer/Geologist .......................................................................................................................................................................................... *165/hr.

Associate Engineer/Geologist ..................................................................................................................................................................................... *175hr.

Principal Engineer/Geologist/Litigation Support .......................................................................................................................................................... 400/hr.

Attorney Fees (General) ............................................................................................................................................................................................. $500/hr.

Deposition or Court Appearance ................................................................................................................................................................................ $550/hr.

Overtime/Saturday Rate/Night Rate (7pm – 6am w/ 8 Hr minimum per call out) ...................................................................... 1.5 X Regular Hourly Rate Sunday and Holiday Rate ................................................................................................................................................................ 2 X Regular Hourly Rate Minimum Field Services Fee per call-out, 4 hrs (if 4 hrs or less), 8 hrs (if more than 4 hrs and less than 8 hrs) Short-Notice Cancellation 4 hrs (if after 4 pm of the day prior to the scheduled inspection time) Short-Notice Cancellation, 4 hrs (upon or after arrival at jobsite) *Prevailing Wage (PW) California Labor Code §1720, et. Seq. add $45/hr.

TRAVEL
Personnel................................................................................................................................................................................................. Regular Hourly Rate Subsistence (Per Diem) ................................................................................................................................................................. Quote Based on Location Vehicle Mileage ........................................................................................................................................................................................................ 0.75/mile

EQUIPMENT & MATERIALS
*Nuclear Density Gauge/Sand Cone Testing Equipment ............. $10/hr. Water Buffalo ................................................................................. $75/ea. *Vehicle ............................................................................................ $10/hr. Battery-Powered Pump .............................................................. $100/day *Special Inspection Equipment ........................................................ $5/hr. Water Level Indicator .................................................................... $50/day Coring Machine (concrete, asphalt, masonry) .......................... $285/day Perforated 3” PVC Pipe ............................................................... $45/10ft.

Generator..................................................................................... $150/day Gravel ............................................................................................ $30/bag Double Ring Infiltrometer ............................................................$200/day Sand ............................................................................................. $30/bag GPS Unit ...................................................................................... $175/day AC Cold Patch .............................................................................. $30/bag Pick-up Truck .............................................................................. $150/day Quick Set PCC Patch ................................................................... $30/bag Mobile Laboratory with Lab Technician .................................. $1,650/day Temp Marking Paint ..................................................................... $15/can Drive-Tube Sampler ..................................................................... $60/day Lath Bundle .................................................................................. $100/ea.

Hand-Auger .................................................................................. $50/day Air Compressor ........................................................................... $150/day Dynamic Cone Penetrometer .................................................... $250/day Soil Sample Tube .......................................................................... $15/ea.

Manometer ................................................................................. $100/day Percussion Hammer Drill ........................................................... $125/day Schmidt Hammer ....................................................................... $100/day ....................................................................................................................

249

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GEOTECHNICAL

ENVIRONMENTAL
MATERIALS 2023 Schedule of Fees – RV23

LABORATORY TESTS

COMPACTION CURVES SOIL AND AGGREGATE PROPERTIES
(D698/D1557/T99/T108) 4-inch mold ............................................... $220 (D422/T88) Particle Size, Hydrometer w/out Sieve .......................... $165 (D698/D1557/T99/T108) 6-inch mold ............................................... $230 (C136/D6913/T27) Sieve, Coarse to Fine w/ #200 Wash ................ $150 (CT 216) California Impact ................................................................. $230 (C136/D6913/T27) Sieve, Coarse or Fine w/ #200 Wash ................ $115 Check Point ........................................................................................ $100 (C136/D6913/T27) Sieve, Coarse or Fine No #200 Wash ............... $100 (D1632/CT312) Soil Cement Cyl. Fabrication (Set of 3) ................. $150 (C117/D1140/T11) Materials Finer than #200 .................................... $90 (D1632/CT312) Soil Cement Cyl. Fabrication (Addtl. Spec.) ............ $50 (D2216/T265/CT226) Moisture Content .............................................. $30 (D1633/CT312) Soil Cement Comp. Strength (Set of 3) ................. $300 (D2487/D2488) Visual Soil Classification ............................................ $30 (D1633/CT312) Soil Cement Comp. Strength (Addtl. Spec.) ......... $100 (D2937) Density of In-Place Soil, Drive-Cyl. Method .......................... $45 SOIL AND AGGREGATE STABILITY (D4943) Shrinkage Factors of Soils, Wax Method .............................. $55 (D2844/CT301) Resistance Value .................................................... $290 (C131/C535/CT211) L.A. Abrasion Resistance ................................ $200 (D2844/CT301) Resistance Value, Treated...................................... $295 (C142/T112) Clay Lumps and Friable Particles ................................ $170 (D1883) California Bearing Ratio ...................................................... $530 (C123/T113) Light Weight Particles ................................................... $245 (C977) Stabilization Ability of Lime .................................................... $185 (D3744/CT229/T210) Durability Index Fine ...................................... $190 (D1883) Calif. Bearing Ratio (Army Corp of Engineers) ................. $105 (D3744/CT229/T210) Durability Index Coarse .................................. $225 CHEMICAL ANALYSIS (CT227) Cleanness Value .................................................................. $170 (G187/CT643/T288) pH and Resistivity ............................................ $135 (D4791) Flat & Elongated Particles ................................................... $165 (D4972/T289) pH Only ......................................................................... $30 (D693/CT205) Percent Crushed Particles ......................................... $145 (CT417) Sulfate Content .................................................................... $100 (D5821) Percent. of Fractured Particles, Coarse Aggregate............ $140 (CT422) Chloride Content .................................................................... $55 (C40/CT213/T21) Organic Impurities .................................................. $75 (D2974) Organic Content ..................................................................... $50 (C235) Soft Hardness (Scratch Hardness) ...................................... $100 PERMEABILITY, CONSOLIDATION AND EXPANSION (C88/CT214/T104) Sulfate Soundness ............................................. $410 (D5084) Permeability, Flexible Wall .................................................. $270 (C1252/T304) Uncompact. Void Content, Fine Aggregate .............. $150 (D5856) Permeability, Rigid Wall ...................................................... $260 (C127/CT206/T85) Coarse Specific Gravity ...................................... $125 ( D2434) Permeability, Constant Head ............................................. $280 (C128/CT207/T84) Fine Specific Gravity .......................................... $150 (D2434) Permeability, FHA Slab-on-Grade ...................................... $110 (D854/CT209/T100) Specific Gravity of Soil ..................................... $150 (D2434) Permeability, Hourly .............................................................. $55 (C29/CT212/T19) Unit Weight & Percent Voids.................................. $90 (D2435/T216) Consolidation (6 pts. w/ Unload) ............................... $350 (D2419/CT217/T176) Sand Equivalent ............................................. $110 (D2435/T216) Consolidation Additional Point w/ Unload ................... $65 (D4318/CT204/T89/T90) Plastic Index (Plastic/Liq. Limit) ............... $165 (D4546) Swell/Compression Testing & Density................................ $120 (D4318/CT204/T89) Liquid Limit .......................................................... $95 (D4546) Swell/Settlement Testing & Density (ea. addtl. pt.) ............. $85 (D4318/CT204/T90) Plastic Limit ......................................................... $95 (D4546) Swell/Settlement Testing & Density (County) .................... $100 (C330) Spec. for Lightweight Aggregates, Struc. Concrete .......... Quote (D4546) Swell/Settlement Testing & Density (FHA) .......................... $90 SHEAR STRENGTH (D4829) Expansion Index of Soils ..................................................... $160 (D2166) Unconfined Compression .................................................... $100 .................................................................................................................... (D3080/T236) Direct Shear (3 points) .............................................. $295 .................................................................................................................... (D3080/T236) Remolded Direct Shear (3 points) ............................. $300 .................................................................................................................... (D3080/T236) Direct Shear Addtl. Points/ea. residual pass ............. $115 .................................................................................................................... (D2850) Unconsolidated-Undrained Triaxial Shear .......................... $160 .................................................................................................................... (D2580) Unconsolidated-Undrained Triaxial Staged ........................ $160 .................................................................................................................... (D4767) Consolidated-Undrained Triaxial Shear .............................. $265 .................................................................................................................... (D4767) Consolidated-Undrained Triaxial Staged ............................ $340 .................................................................................................................... (EM1110) Consolidated-Drained Triaxial Shear ............................... $375 .................................................................................................................... (EM1110) Consolidated-Drained Triaxial Staged ............................. $480

250

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GEOTECHNICAL

ENVIRONMENTAL
MATERIALS 2023 Schedule of Fees – RV23

LABORATORY TESTS (CONTINUED)
(A370) Bend Test MASONRY**
• #11 Bar & Smaller .............................................................................. $50 Concrete Block Test (Sets of 3 Required):
• #14 & #18 Bar .................................................................................... $70 • (C140) Unit Weight Moisture Content & Absorption ....................... $195 (A370) Tensile - Mechanically Spliced Bar • (C140) Moisture Content/Absorption (ea. addtl. specimen) ............ $65 • #11 Bar & Smaller ............................................................................ $150 • (C140) Compression Test ................................................................ $195 • #14 Bar & Larger .............................................................................. $190 • (C140) Compression Test (ea. addtl. specimen) ............................. $65 (A370) Tensile – Electric Resist. Butt Splice w/ Control ................... $150 • (C426) Linear Drying Shrinkage ...................................................... $285 (A370) Straightening of bar (if required) .............................................. $25 • (C109/UBC 21-16) Mortar Cylinder (2”x4”) ...................................... $30 Structural Steel Tests: • (C942) Grout Prism (3”x3”x6”), trimming included ............................ $35 • (A370) Machining & Prep of Test Specimen ...................... Cost + 20% Masonry Prism (Assemblage):
• (A370) Tensile Strength & Elongation • (C1314) 8”x8”x16” – 8”x12”x16” ..................................................... $200 Up to 200,000 lbs. ..................................................................... $100 • (C1314) 8”x16”x16” – 10”x12”x16” ................................................. $225 200,000 – 300,000 lbs. ............................................................. $125 • (C1314) 12”x12”x16” – 12”x16”x16” ............................................... $250 300,000 – 400,000 lbs. ............................................................. $150 • (C1314) Larger than 12”x16”x16” ................................................ Quote Pre-stressing Wire & Tendon Tests: Brick Test (Set of 5 Specimens):
• (A421) Tensile Strength, Single Wire.............................................. $150 • (C67) 24-Hour Absorption, Cold Water ........................................... $225 • (A416) Tensile Strength, 7-Wire Strand.......................................... $175 • (C67) 5-Hour Absorption, Boiling Water .......................................... $225 High Strength Bolt, Nut, & Washer Tests: • (C67) Compression Test or Modulus of Rupture ............................ $255 • (A325/A490) Tensile Test on Bolts ................................................. $100 • (C67) Each Additional Specimen ...................................................... $45 • (A563) Proof Load Test on Nuts ..................................................... $100 CONCRETE** • (A325/A490) Hardness Test on Bolts ............................................... $50 Mix Designs:
• (A536) Hardness Test on Nuts .......................................................... $50 • (ACI211/ACI214) Concrete Mix Design .......................................... $350 • (F436) Hardness Test on Washers ................................................... $50 • (ACI211/ACI214) Review of Concrete Mix Design ......................... $350 Weld Specimen Tests: • (C192) Concrete Trial Mix (includes equipment & labor) ............... $495 • (E164) Ultrasonic Examination ...................................................... Quote Concrete Properties:

Machining & Prep of Test Specimen ........................... Cost + 20% • (C39/CT521/T22) Comp. Strength, Concrete Cyl............................. $30 • (E381) Macrotech Test (3 Faces) .................................................. $355 • (C42/CT521/T22) Comp. Strength, Concrete/Gunite Core .............. $60 ASPHALT TESTING • (C78/CT523) Flex. Strength of 6”x6”x21” Concrete Beam ............. $165 Asphalt Properties: • (C174) Length Measuring of Drilled Cores ....................................... $75 • (D2726/CT308/T166) Bulk Spec. Grav., Compacted HMA ........... $100 • (C1140) Shotcrete Panel-Coring & Testing (Set of 3) .................... $290 • (D1560/CT366) Stabilometer Value (HVEEM) .............................. $145 • (C1140) Shotcrete Panel (each addtl. specimen) ............................. $90 • (D2041) Theoretical Max Specific Gravity ...................................... $145 • (C496) Static Modulus of Elasticity .................................................. $200 • (D5444) Sieve Analysis of Extracted Asphalt ................................. $150 • (C496) Drying Shrinkage (Set of 3, up to 28 days) ......................... $395 • (D6307/CT382) Percent Asphalt, Ignition Method ......................... $150 • (C642) Spec. Gravity, Absorp., Voids in Hardened Concrete .......... $95 • (D1188) Unit Weight of Asphalt Core ............................................... $65 • (F1869) Moisture Vapor Emission Rate, Concrete Subfloor ............ $50

MISCELLANEOUS TESTING SERVICES
• Emulsion ........................................................................................... $300 • Wet Track Abrasion ......................................................................... $175 Calibration of Hydraulic Ram:
• 100 Ton & Under.............................................................................. $200 • 101 Tons – 200 Tons ....................................................................... $300 Use of Universal Testing Machine:
• UTM with One Operator .................................................................. $320 • Additional Technician ................................................Regular Tech Rate Spray Applied Fireproofing: *2X Surcharge on rush turn-around for laboratory testing. • (E605/E736) Fireproofing Oven Dry Density/Thickness ...... $90 **Fee applies for sample storage, testing, or disposal.

251
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GEOTECHNICAL

ENVIRONMENTAL
MATERIALS 2023 Schedule of Fees – RV23

1. Listed are typical charges for the services most frequently performed by Geocon. Prices for unlisted services as well as special quotations for programs involving volume work will be provided upon request. Laboratory test prices shown are for laboratory work only and include reporting of routine results not calling for comments, recommendations or conclusions.

2. Sampling and testing are conducted in substantial conformance with the latest applicable or designated specifications of the American Society for Testing and Materials, Caltrans, American Association of State Highway and Transportation Officials, or other pertinent agencies.

3. Saturday, night work, and overtime hours are charged at time and one-half; Sundays and holidays at double time. Per diem is based on the local costs per day when location of work dictates.

4. Equipment and materials will be billed at cost plus 15%. Outside services including subcontractors and rental of special equipment are billed at cost plus 15%. Hourly services are billed portal to portal from closest office in accordance with the stated hourly rates herein.

5. Invoices will be submitted at four-week intervals. Terms of payment are met upon presentation of invoice. Invoices become delinquent thirty (30) days from invoice date and subject to one and one-half percent (1-1/2%) service charge per month, or the maximum rate allowed by law, whichever is lower. If Client objects to all or any portion of any invoice, Client will so notify Geocon in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and pay that portion of the invoice not in dispute. The parties will immediately make every effort to settle the disputed portion of the invoice.

Payment on delinquent invoices will first be applied to accrued interest and then to the principal amount. All time spent, and expenses incurred (including any attorney's fees and costs) in connection with collection of any delinquent amount will be paid by Client to Geocon per Geocon's current fee schedule.

6. Client and Geocon shall allocate certain of the risks so that, to the fullest extent permitted by law, Geocon’s (the term “Geocon” includes Geocon’s partners, officers, directors, employees, agents, affiliates, subcontractors and subconsultants) total aggregate liability to Client is limited to the greater of $50,000 or the total compensation received from Client by Geocon for services rendered on this project, for any and all of Client’s injuries, damages, claims, losses, expenses, or claim expenses arising out of this Agreement from any cause or causes, including attorneys’ fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above.

7. Client and Geocon shall allocate certain of the other risks so that, to the fullest extent permitted by law, Client shall limit Geocon’s total aggregate liability to all third parties, including contractors, subcontractors of all tiers, materialmen, and others involved in Client’s project, as well as persons and other entities not involved in the project, to the greater of $100,000 or the total compensation received from Client by Geocon for services rendered on this project, for any and all injuries, damages, cause or causes, including attorneys’ fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above, including all liability incurred by Geocon for acts, errors, or omissions, pursuant to entering into agreements with third parties on behalf of Client in order to obtain access or entry onto property not owned by Client. Client agrees to notify all contractors and subcontractors of any limitation of Geocon’s liability to them and require them to abide by such limitation for damages suffered by any contractor or subcontractor arising from Geocon’s actions or inactions. Neither the contractor nor any subcontractor assumes any liability for damages to others which may arise on account of Geocon’s actions or inactions. 252

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First Amendment to Agreement

This First Amendment to Agreement (“First Amendment”) is entered into this ___ day of June, 2023 by and between the City of Eastvale, a California general law city (“City”), and Geocon West, Inc., a California corporation (“Contractor”), as follows:

RECITALS

A. City and Contractor entered in an agreement for geotechnical services on or about May 11, 2023 (“Agreement”).

B. The Agreement authorized Contractor to provide peer review and grading recommendation services for an amount not to exceed $4,725.

C. The purpose of this First Amendment is to expand the Scope of Work and increase the compensation not to exceed amount to encompass the additional work.

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. Exhibit A (Scope of Services) is replaced in its entirety with Exhibit A to this First Amendment.

b. Section 4(a) is amended to increase the lump sum compensation amount to not to exceed thirty-three thousand twenty-five dollars ($33,025.00).

c. Exhibit B (Compensation) is amended in its entirety to read as follows:

“Compensation shall be paid in lump sums after the relevant portion of the Services has been rendered and accepted by the City in accordance with the following:

Scope A - $2,225
Scope B, Alternate 1 - $2,500
Scope B, Alternate 2 - $22,300
Scope C - $930 per inspection, not to exceed $6,000

2. GENERAL PROVISIONS.

a. 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.

271
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b. Integration. This First Amendment constitute s 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.

c. 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.

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 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

GEOCON WEST, INC.

____________________________
Joseph J. Vettel, CEO

272
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EXHIBIT A

273
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274

AGENDA STAFF REPORT

City Council Meeting

CITY COUNCIL BUSINESS

Agenda Item No. 13.1
September 13, 2023
Introductory Classiﬁca,on & Compensa,on Study Presenta,on and Selection of Comparator Agencies
Prepared By:

Maricela Mejia, Deputy Human Resources & Risk Management Director Recommended Action(s)
Staff recommends that the City Council:
1 .

Receive and ﬁle Classiﬁca#on & Compensa#on Study Introductory Presenta#on by Public Sector Personnel Consultants; and
2 .

Provide direc#on to staﬀ on the selec#on of comparator agencies for the Classiﬁca#on & Compensation Study
Summary
The City of Eastvale is undergoing a Classiﬁca#on & Compensa#on Study to ensure that our City remains compe##ve in a,rac#ng and retaining qualiﬁed employees, as well as maintaining equitable and internally consistent job classiﬁca#ons and compensa#on structures. Public Sector Personnel Consultants has been retained to conduct this study. In order to begin the process, staﬀ is reques#ng the City Council to receive and ﬁle the introduc#on to the classiﬁca#on & compensa#on study presenta#on and provide direc#on to staﬀ on the selec#on of an appropriate comparator agencies. This is a crucial step in conducting an accurate and meaningful study.

Background
The last classiﬁca#on and compensa#on study conducted by the city was adopted in 2017. At that 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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275
#me, the agency had a primarily contracted workforce and the organiza#onal structure was less complex than it is today. During that study, it was determined that the comparator agency list should consist of the following agencies:

City of Ontario;
City of Rancho Cucamonga;
City of Riverside;
City of Chino Hills;
City of Corona; and
City of Perris

Since there have been so many changes to the organiza#onal structure and dynamics of the City, it is cri#cal to analyze whether these agencies are s#ll appropriate comparators. Once the comparator agencies are iden#ﬁed, a thorough analysis will be conducted to gather data on their job classiﬁca#ons, job descrip#ons, and compensa#on structures. This informa#on will be used to establish a clear understanding of the market standards and trends.

Environmental
Not applicable.

Strategic Plan Action - Priority Level: N/A
| Target #: G
| Goal #: D
Organizational Development
Fiscal Impact
Selec#on of a comparator agency list will not have a direct ﬁscal impact, however the selec#on of the comparator agencies will aﬀect the results of the compensa#on study. City Council s#ll retains the authority to adopt the rate of pay and beneﬁts that employees will receive. Overall, the costs related to the Classiﬁca#on and Compensa#on study is part of the professional services agreement approved by the City Council on August 23, 2023 and adequate budget was included in the ﬁscal year 2023-24 operating budget.

Prior City Council/Commission Action
On November 8, 2017, the City Council adopted a Classification & Compensation Study.

On February 9, 2023, the City hosted a Strategic Plan Review Workshop to reaﬃrm and make changes to the Strategic Plan adopted on March 24, 2021.

On August 23, 2023, the City Council approved a professional services agreement with Public Sector Personnel Consultants to conduct a Classification & Compensation Study.

Attachment(s)
Attachment 1 - Powerpoint: Introduction to Class & Comp Study

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
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276

PUBLIC SECTOR PERSONNEL

CONSULTANTS

INTRODUCTION TO CLASS AND COMP STUDY
SEPTEMBER 2023
277

MEETING OBJECTIVES
• INTRODUCTION TO PSPC, CLASSIFICATION, AND COMPENSATION • DISCUSS PROJECT KICK-OFF TAKING PLACE THIS WEEK
• REVIEW COMPARATORS FOR STUDY
278

INTRODUCTION TO

PUBLIC SECTOR PERSONNEL CONSULTANTS (PSPC)
• 1972 – ORIGINATED AS PUBLIC SECTOR GROUP OF HAY ASSOCIATES • 1992 – WE ESTABLISHED OUR NATIONAL OFFICE IN ARIZONA; LOCATIONS IN DALLAS,

CHICAGO, LOS ANGELES, AND DENVER
• WE SPECIALIZE IN HUMAN RESOURCES FOR PUBLIC EMPLOYERS • OVER 1,100 PUBLIC EMPLOYERS SERVED BY MEMBERS OF OUR FIRM • OTHER CURRENT / RECENTLY COMPLETED STUDIES INCLUDE CITIES OF HUNTINGTON BEACH,

MONTEBELLO, RIVERSIDE, SAN BERNARDINO, COLTON, AZUSA, LAVERNE, AND BELL GARDENS 279

WHAT IS A CLASS AND COMP STUDY
• Classification Study
• Does the job title make sense?
• Does the job description accurately reflect what you do? • Compensation Study
• What’s the market going rate?
• Purpose
• Recruit and Retain quality staff
280

CLASSIFICATION STUDY HIGHLIGHTS

CLASSIFICATION

QUESTIONS
• PROVIDE THE ~56 EMPLOYEES THE OPTION

OF ELECTRONIC OR PAPER PAQS
• REVIEW ALL PAQS, ORG CHARTS, AND ~76

JOB DESCRIPTIONS
• MEET WITH EMPLOYEES FROM SELECTED JOB

CLASSIFICATIONS
• IMPLEMENT NEW TITLING PROTOCOL W/

JOB FAMILIES, GROUPS, FLSA DESIGNATIONS
• QUALITY ASSURANCE REVIEWS WITH HR

AND DEPARTMENT HEADS
• UPDATE JOB DESCRIPTIONS TO REFLECT

CURRENT WORK PERFORMED

PAQ (POSITION

ANALYSIS

QUESTIONNAIRE)
• EVERY GENERAL EMPLOYEE WILL HAVE

THE OPPORTUNITY TO COMPLETE A

QUESTIONNAIRE
• THESE QUESTIONNAIRES ARE THE
EMPLOYEE’S CHANCE TO TELL US WHAT

THEY DO
• THEY CAN WORK ON THEM AS A TEAM,

OR INDIVIDUALLY
• EMPLOYEES CAN WORK ON THEM ON

COMPANY TIME
• EVERYONE SHOULD TAKE THEM

SERIOUSLY

ON-SITE MEETINGS
• SOME EMPLOYEES WILL BE ABLE

TO SHOW US AROUND AND

TEACH US WHAT THEY DO
• THESE ARE “WALK AND TALKS”

WHERE THEY CAN EXPAND ON

THEIR PAQ
• THERE IS NO ADVANTAGE OR

DISADVANTAGE TO BEING PART

OF THESE MEETINGS
• WE ARE STUDYING THE JOB, NOT

THE EMPLOYEE

CLASSIFICATION IS THE STUDY OF UNIQUE JOB TITLES IN USE *NOT CHANGING WORKING CONDITIONS, SIMPLY TRYING TO RECORD WHAT’S BEING DONE* 281

SALARY SURVEY
• PSPC WILL REQUEST JOB DESCRIPTIONS, ORG CHARTS, SALARY STRUCTURES, BARGAINING AGREEMENTS, AND BENEFIT PLANS FROM AROUND 10 TO 15 DIFFERENT ORGANIZATIONS • THESE COMPARATORS ARE SELECTED BASED ON WHERE YOU RECRUIT PEOPLE FROM, WHERE

YOU LOSE PEOPLE TO, AND ORGANIZATIONS THAT HAVE SIMILAR JOBS • SALARY SURVEY WILL ANSWER THE QUESTION OF “WHERE ARE WE” • IMPLEMENTATION ANSWERS THE QUESTION “WHERE DO WE WANT TO BE” • CHOOSING WHO THE COMPARATORS ARE IS THE FIRST MAJOR DECISION TO BE MADE IN

EVERY STUDY
282
WHAT IS OUR MARKET?
•DISTANCE FROM CITY HALL
•OTHER FACTORS IMPORTANT SUCH AS POPULATION, COST OF LIVING? •SIMILAR SERVICES
•WHERE OUR EMPLOYEES LIVE, WHERE WE LOSE EMPLOYEES TO
•USED IN PAST STUDIES?
283

MAPPING WHERE EMPLOYEES LIVE
284

CONVERSATION AROUND COMPARATORS
• EMPLOYEES TEND TO LIVE EAST OF THE 71
• MOST CITY EMPLOYEES LIVE WITHIN CITY LIMITS
• SIMILAR JOBS AND SIMILAR AGENCIES
• IT’S IMPORTANT TO HAVE A MIX OF AGENCIES AND JOBS TO GET A WIDE SAMPLING OF THE MARKET DATA
• “COMPARATORS VS COMPETITORS”
• WE’RE MORE INTERESTED THAT THE JOB IS THE SAME THAN THAT THE ORGANIZATION IS THE SAME • THE SIZE OF AN ORGANIZATION TENDS TO AFFECT JOBS AT THE TOP OF THE SALARY SCHEDULE MORE THAN JOBS AT THE BOTTOM OF THE SALARY SCHEDULE. WE’RE SENSITIVE TO SCOPE, SCALE, AND SIZE

OF A DEPARTMENT WHEN MAKING COMPARATORS FOR DIRECTORS FOR EXAMPLE • SOME COMPARATORS A GOOD COMPARISON IN NUMBER OF EMPLOYEES, SERVICES, COST OF LIVING, ECT
285

POSSIBLE LABOR MARKET
Org Name Previously Used County Population Distance from Eastvale
# of
Employees
Eastvale Employees
Who Live There
Cost of
Living Has Fire Has
Library Has Police Has Water Has Waste
Water Has Power Has Solid
Waste Has Transportation
Eastvale Riverside 64,855 0 59 14 180% No No No No No No No No Norco Los Angeles 26,761 3 173 2 171% No No No Yes No No No No Chino San Bernardino 89,631 5 721 4 137% No No Yes No No No No No Ontario Yes San Bernardino 177,589 6 1,504 2 140% Yes Yes Yes Yes Yes No Yes No Jurupa Valley Yes Riverside 105,053 9 40 4 162% Yes Yes Yes Yes Yes No No No Corona Riverside 168,574 7 919 7 162% Yes Yes Yes Yes Yes No No No Chino Hills Yes San Bernardino 78,411 9 250 1 161% No No No Yes No No No No Montclair San Bernardino 39,155 10 346 0 128% Yes No Yes No No No No No Riverside Yes Riverside 325,860 11 2,698 3 147% Yes Yes Yes Yes Yes Yes Yes No Rancho Cucamonga Yes San Bernardino 176,671 11 1,070 2 155% Yes Yes No No No No No No Upland San Bernardino 77,017 12 360 1 146% No No Yes No No No No No La Verne Los Angeles 32,211 16 321 0 163% Yes No Yes No No No No No Colton San Bernardino 53,724 16 444 0 119% Yes Yes Yes Yes Yes Yes No No Grand Terrace San Bernardino 12,524 16 67 1 130% No No No No No No No No Loma Linda San Bernardino 23,946 20 94 0 138% Yes No No No No No No No Yorba Linda Orange 68,336 12 237 0 183% No Yes No No No No No No Perris Yes Riverside 77,837 24 132 0 136% No No No No No No No No Fontana San Bernardino 212,000 12 1,085 3 134% No No Yes No No No No No Pomona Los Angeles 155,687 12 794 0 152% No Yes Yes Yes Yes No Yes No Rialto San Bernardino 107,041 15 497 0 131% Yes No Yes No No No No No Brea Orange 47,325 17 462 0 168% Yes No Yes Yes No No No No Placentia Orange 50,533 17 260 0 163% Yes No Yes No No No No No Anaheim Orange 357,084 18 3,520 0 170% Yes Yes Yes Yes Yes Yes No No Covina Los Angeles 49,006 19 419 0 151% No Yes Yes No No No No No 286
HOW DOES THE CITY DEFINE TOTAL COMP?

FOUR FACTORS OF TOTAL

COMPENSATION

1. SALARY RANGE MAXIMUM

2. MAXIMUM CONTRIBUTIONS TOWARD

HEALTH AND DENTAL PREMIUMS DURING

EMPLOYMENT

3. EMPLOYEE CONTRIBUTION TOWARDS
THEIR OWN RETIREMENT?

4. ADDITIONAL PAY EMPLOYEE MAY EARN

WHILE STILL EMPLOYED AT THE CITY
NOTE: EVERY ORGANIZATION HAS A
DIFFERENT DEFINITION OF TOTAL COMP.

FINDING WHAT MATTERS TO ALL

STAKEHOLDERS IS A CRITICAL PATH

MILESTONE IN A SUCCESSFUL PROJECT
Generally Included Typically Not Included
Health Health
Maximum Contribution to Employee Family
Health Insurance Premium
Details on Health Insurance plans such as deductible,
co-pay amounts, out of pocket maximums, and
prescription drug coverage
Maximum Contribution to Employee Family
Dental Insurance Premium
Life Insurance Premiums or program details
Basically, only the costs contributed by the City will
be added to the salary ranges
Retirement Retirement
Employee Contribution Percentage There is no actuarial analysis of the program. IE, if the comparator’s CalPers Classic program is 2% at
62 that isn’t counted lower than a 2.5% at 52
Employer Paid Member Contribution (EPMC) These are rare in today’s market; however, a few organizations still contribute a few percent of the
employee’s responsibility.

Deferred comp Deferred compensation that doesn’t increase the total compensation.

Additional Pay Additional Pay
Longevity
Bi-lingual Pay Fitness incentives, transit passes
Education Incentive Educational Re-imbursement programs Certification Incentive Assignment pay, call-back pay, court pay, step up pay, out of class pay, overtime rates
Cell Phone Allowance or Vehicle Allowance
Holiday Pay
287

UPCOMING PROJECT MILESTONES
• MEETINGS WITH EMPLOYEES TAKE PLACE ON SEPT 13TH AND 14TH TO PROVIDE EMPLOYEES

WITH THE ONLINE PAQ
• EMPLOYEES ARE ASKED TO PARTICIPATE AND PROVIDE INFORMATION ON WHAT THEIR JOB ENTAILS SO PSPC CAN ANSWER THE 3 QUESTIONS ABOUT THEIR JOB • AFTER EMPLOYEES COMPLETE PAQS, PSPC WILL CONDUCT SOME INTERVIEWS WITH

EMPLOYEES TO LEARN MORE ABOUT WHAT THEY DO
• DURING THAT TIME, MARKET DATA WILL BE PULLED TO BEGIN TO ESTABLISH MARKET

PREVAILING RATES
• COUNCIL WILL BE PROVIDED WITH THE RESULTS IDENTIFYING THE CITY’S COMPETITIVENESS TO

THE MARKET AND POSSIBLE IMPLEMENTATION STRATEGIES
288

PUBLIC SECTOR PERSONNEL CONSULTANTS
SEPTEMBER 2023
289

AGENDA STAFF REPORT

City Council Meeting

CITY COUNCIL BUSINESS

Agenda Item No. 13.2
September 13, 2023
Parking Options at Civic Center
Prepared By:

Jimmy Chung, Public Works Director/City Engineer
Recommended Action(s)
Council discussion of Civic Center and downtown parking needs.

Summary
Parking assessment was conducted to determine the appropriate amount of parking spaces for the City Hall, Police Sta#on, Library, Civic Park, and 495,000 square feet of retail and commercial space.

Staff is seeking open dialogue with Councilmembers regarding parking options.

Background
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 new City Hall, a library, a police sta#on, arts and cultural spaces, and an amphitheater. The area also includes 495,000 square feet of retail and commercial space, parks, and up to 802 homes.

Environmental
Not applicable.

Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Not applicable.

Fiscal Impact
Not applicable. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
290
Prior City Council/Commission Action
Not applicable.

Attachment(s)
Not Applicable.
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
291

Eastvale City CouncilSeptember 13, 2023

Eastvale City Council
September 13, 2023