Agenda packet — Eastvale City Council, October 11, 2023 (part 1 of 2)

REGULAR COUNCIL MEETING AGENDA
Eastvale City Hall Council Chambers
12363 Limonite Avenue, Suite 900, Eastvale, CA 91752
Wednesday, October 11, 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. Community Enhancement and Safety Officer Appreciation Week Proclamation

8.2. National Community Planning Month

8.3. Breast Cancer Awareness Month

8.4. Eastvale-UCLA Landscape Architecture Summer 2023 Design Studio

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 A. Donohue, City Clerk/Communications Director

RECOMMENDED ACTION(S):

Staff recommends that the City Council approve the City Council meeting minutes from the regular meeting on September 27, 2023.

11.2. Approval of Task Orders with Next Level Engineering Solutions, LLC for Project Management Services for Capital Improvement and Land Development Projects

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

RECOMMENDED ACTION(S):

Staff recommends that the City Council
1 .

Approve Task Order No. 1 to the On-Call Agreement with Next Level Engineering Solutions, LLC for Project Management Services for Capital Improvements in a total not-to-exceed amount of $150,000 for fiscal year 2023-24
; and
2 .

Approve Task Order No. 2 to the On-Call Agreement with Next Level Engineering Solutions, LLC for Project Management Services for Land Development Projects in a total not-to-exceed amount of $125,500 for fiscal year 2023-24.

11.3. Approval of Task Order No. 1 with Psomas a Construction and Engineering Company for the Design of Three New Raised Medians in the Public Right of Way

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

RECOMMENDED ACTION(S):

Staff recommends that the City Council approve Task Order No. 1 in the amount of $125,000 with Psomas for Capital Improvement Design Services for Fiscal Year 2023-

24. 11.4.

Approval of Construction Contract with American Asphalt South Inc. for the 2023 Slurry Seal Project in the amount of $2,979,631.68

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

RECOMMENDED ACTION(S):

Staff recommends that the City Council approve the following actions for the 2023 Residential Slurry Seal Project:
1 .

Approve the Contract with American Asphalt South, Inc., the lowest responsive and responsible bidder, in accordance with unit bid prices in the amount of $2,837,744.46 plus a 5% contingency of $141,887.22 for a total of

3 $2,979,631.68, and waive the irregularity in bid submission; and 2 .

Approve and Adopt Resolution 23-XX Amending the 2023-24 Fiscal Year Capital Improvement Budget for project 94001 "Pavement Slurry Seal and Resurfacing;" and
3 .

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

11.5. Award a Construction Contract to Onyx Paving for 2022/23 Annual Asphalt Concrete Overlay Project

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

RECOMMENDED ACTION(S):

Staff recommends that the City Council:
1 .

Approve the contract with Onyx Paving the lowest responsible bidder, in accordance with unit bid prices in the amount of $5,858,000.00 plus 5% contingency of $292,900.00 for the not to exceed total of $6,150,900 for the 2022/23 Annual Asphalt Concrete Overlay Project; and
2 .

Approve and Adopt Resolution 23-XX Amending the 2023-24 Fiscal Year Capital Improvement Budget for project 93018 "Annual Overlay;" and 3 .

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

11.6. Approval of Professional Services Agreement with GeoCon West Inc. for the Geotechnical Investigation of Settlements along Limonite Avenue between Scholar Way and Hamner Avenue

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

RECOMMENDED ACTION(S):

Staff recommends that the City Council:
1 .

Approve the Professional Services Agreement with Geocon West Inc. (Geocon) in the amount of $32,655 plus 10% contingency for a total not-to-exceed amount of $35,920.50 for the geotechnical investigation of settlements along Limonite Avenue between Scholar Way and Hamner Avenue and; 2 .

Approve and Adopt Resolution 23-XX Amending the 2023-24 Fiscal Year Operating Budget for Geotechnical Investigation on Limonite Avenue and; 3 .

Authorize the City Manager to execute all necessary documents.

11.7. Approval of First Amendment to Agreement with County of Riverside Department of Animal Services for Field and Shelter Services

Submitted by: Johnny Terfehr

RECOMMENDED ACTION(S):

Staff recommends that the City Council
1 .

Authorize the City Manager to approve the First Amendment to the Field and Shelter Services Agreement with the County of Riverside and; 2 .

Approve future contract extensions that do not increase the compensation paid by the City for the services, and;
3 .

Participation in County of Riverside World Rabies Day Clinic Services.

4 11.8.

Acceptance of Public Improvements of Tract Map 35751, Lennar Homes of California, Inc. - Southeast Corner of Schleisman Road and Cucamonga Creek Channel

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

RECOMMENDED ACTION(S):

Staff recommends that the City Council adopt Resolution 23-XX, accepting as complete the Public Improvements for
Tract Map 35751
(Prado Condominium
Development PW18-10189).

11.9. Letter of Support for Jurupa Community Services District's Etiwanda Pipeline Phase 1 Project

Submitted by: Stephanie Vasquez, Assistant to the City Manager RECOMMENDED ACTION(S):

Staff recommends that the City Council approve a Letter of Support for Jurupa Community Service's District's Etiwanda Pipeline Phase 1 Project - 2024 Drought Response Program: Drought Resiliency Projects NOFO No. R24AS00007

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. Shared Civic Center and Retail Public Parking Structure and Civic Center Value Engineering

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

RECOMMENDED ACTION(S):

Staff recommends that the City Council:
1 .

Receive update on City Hall atrium cooling analysis and Civic Center public parking needs; and
2 .

Provide direction to staff regarding deferring construction of the Shared Civic Center and Retail Parking Structure; and
3 .

Provide direction to staff regarding Civic Center Design Value Engineering Items.

13.2. Naming of Downtown Eastvale Backbone Streets

Submitted by: Gustavo N. Gonzalez, Community Development Director

5 RECOMMENDED ACTION(S):

Staff recommends that the City Council receive a presentation on naming the Downtown Eastvale backbone streets and provide input on preferred names.

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, October 25, 2023, 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 AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.1
October 11, 2023
City Council Meeting Minutes
Prepared By:

Marc A. Donohue, City Clerk/Communications Director
Recommended Action(s)
Staﬀ recommends that the City Council approve the City Council mee ng minutes from the regular
meeting on September 27, 2023.

Summary
Not applicable.

Background
Not applicable.

Environmental
Not applicable.

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

Fiscal Impact
Not applicable.

Prior City Council/Commission Action
Not applicable.
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
7 Attachment(s)
Attachment 1 - City Council Meeting Minutes 09272023

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
8 Eastvale City Council Meeting Minutes
September 27, 2023 Page - 1

MINUTES

CITY OF EASTVALE

CITY COUNCIL REGULAR MEETING
Wednesday, September 27, 2023
Regular Meeting: 6:30 PM
City Hall Council Chambers
12363 Limonite Avenue, Suite 900
Eastvale, CA 91752

1. CALL TO ORDER – 6:30 p.m.

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 McMinn, Lorimore, 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

4.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section 54956.8).

Property: APN 152-060-061, Parcel 8 of Parcel Map 37492 recorded on May 29, 2019, in Book 246 of Parcel Maps, Pages 84 to 86, if the Official Records of Riverside County.

Agency Negotiator: City Manager, Mark Orme
Negotiating Parties: Gagan Batta, Aman Batta & Binoy Kothari Under Negotiation: Price and Terms of Payment
At the conclusion of closed session, City Attorney Vega stated that there was no reportable action.

5. INVOCATION
9 Eastvale City Council Meeting Minutes
September 27, 2023 Page - 2
Pastor James Turner from Eastvale Bibles Church offered the invocation.

6. PLEDGE OF ALLEGIANCE
Councilmember Yow led the Pledge of Allegiance.

7. ADDITIONS/REVISIONS
City Clerk/Communications Director Donohue stated that staff requested to pull items 11.8 and

11.9 from the consent calendar. On motion of Councilmember McMinn and seconded by Councilmember Yow, the City Council voted unanimously to remove item 11.8 and 11.9 from the agenda.

8. PRESENTATIONS/ANNOUNCEMENTS

8.1 Childhood Cancer Awareness Month Proclamation
Mayor Rigby presented Angelica Tapia from the Childhood Cancer Foundation of Southern California with a Proclamation.

8.2 Hispanic Heritage Month Proclamation
Mayor Rigby presented Eddie Nuñez from the HARENCIA Mariachi Academy with a proclamation.

9. AGENCY PARTNER UPDATES

9.1 Eastvale Library Update
Nina Taylor provided the Eastvale Library update.

9.2 Youth Council Update
Dev Raturi provided the Youth Council update.

10. PUBLIC COMMENT
Mayor Rigby invited public comment.

There were no other requests to speak.

11. CONSENT CALENDAR
On motion of Councilmember Lorimore and seconded by Mayor Pro Tem Dinco, the City Council voted unanimously to approve the Consent Calendar. 10 Eastvale City Council Meeting Minutes
September 27, 2023 Page - 3

11.1 City Council Meeting Minutes
The City Council approved the City Council meeting minutes from the regular meeting on September 13, 2023.

11.2 Warrant Register: July 2023
The City Council approved the payment of warrants as submitted by the Finance Department under Attachment 1.

11.3 Warrant Register: August 2023
The City Council approved the payment of warrants as submitted by the Finance Department under Attachment 1.

11.4 Treasurer’s Report: August 2023
The City Council received and filed the City Treasurer’s Report.

11.5 Planning Department Update
The City Council received and filed the Planning Department update.

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

11.7 City of Eastvale Crime Statistics – July 2023
The City Council received and filed the Eastvale Crime Statistics for July 2023.

11.8 Letter of Support for Riverside County to Fully Underground the Riverside Transmission Reliability Project (RTRP)
This item was pulled from the agenda.

11.9 Acceptance of Public Improvements of Tract Map 35751, Lennar Homes of California, Inc. - Southeast Corner of Schleisman Road and Cucamonga Creek Channel This item was pulled from the agenda.

11.10 Purchase and Upfitting of Three Light-Duty Trucks for use by City of Eastvale - Public Works Staff
The City Council:
11 Eastvale City Council Meeting Minutes
September 27, 2023 Page - 4

1. Determined compliance with the formal bidding process is not in the best interest of the City and authorize City staff to utilize the informal competitive bidding process for this purchase and upfitting; and

2. Authorized the City Manager to execute the necessary agreements and purchase orders;

11.11 Approval of Task Order No. 2 with Albert A. Webb Associates for the Eastvale Alternative Drainage Plan
The City Council:

1. Approved the Task Order No. 2 in the amount of $270,269 plus a 10% contingency of $27,027 for a total amount of $297,296 with Albert A. Webb Associates (Webb) for Design Services for the Eastvale Alternative Drainage Plan; and

2. Approved and Adopted a Resolution Amending the Capital Improvement Fiscal Year 2023-24 Budget by $240,000 for the Eastvale Alternate Drainage Plan Master Plan; and

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

11.12 Approval & Adoption of Amended 457 Deferred Compensation Plan The City Council:

1. Approved the Adoption Agreement for Eligible Governmental 457 Plan; and

2. Adopted Resolution 23-46 Amending the 457 Deferred Compensation Plan; and

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

12. PUBLIC HEARINGS – None

13. CITY COUNCIL BUSINESS

13.1 Business Incentive Loan Program Policy Revisions
Economic Development Manager Fung 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.

The City Council reviewed and adopted the revised Business Incentive Loan Program Policy.
12 Eastvale City Council Meeting Minutes
September 27, 2023 Page - 5

13.2 Quarterly Economic Development Updates

Economic Development Manager Fung 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.

13.3 Citywide Branding - Entryway Monument and Median Improvements

Public Works Director/City Engineer Chung presented a PowerPoint presentation and answered all related questions.

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

The City Council received the presentation on the update to the Eastvale Entryway Masterplan and provided feedback on the options for monument signs.

On motion by Mayor Pro Tem Dinco, seconded by Councilmember Yow, the City Council voted to move forward with a design with city wide signage to remain with the same style and type that we currently are using, and moving forward that the City Council adopt in certain special locations to accept signage as presented with the staff recommended full "EASTVALE" name with internal lighting.

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
Mayor Rigby & Councilmember Yow provided a report.

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

15.3 Western Riverside Council of Governments
Mayor Pro Tem Dinco provided a report.

15.4 Riverside Transit Agency
No report was provided.
13 Eastvale City Council Meeting Minutes
September 27, 2023 Page - 6

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

15.6 Riverside County Transportation Commission
No report was provided.

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

15.8 Finance Committee
Councilmember McMinn provided a report.

15.9 Eastvale Schools Committee
No report was provided.

15.10 Business and Development Success Ad-Hoc Committee No report was provided.

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

15.12 Eastvale Community Services Ad-Hoc Committee
Mayor Pro Tem Dinco provided a report.

15.13 Classification & Compensation Ad-Hoc Committee
No report was provided.

15.14 City Council Communications
The City Council provided comments.

ADJOURNMENT – Mayor Rigby adjourned the regular meeting at 8:31 P.M. The next regular meeting of the Eastvale City Council is scheduled for Wednesday, October 11, 2023, at 6:30 P.M.

Marc A. Donohue, MMC
City Clerk/Communications Director
14 AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.2
October 11, 2023
Approval of Task Orders with Next Level Engineering Solu.ons, LLC for Project Management Services for Capital Improvement and Land Development Projects
Prepared By:

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

Approve Task Order No. 1 to the On-Call Agreement with Next Level Engineering Solu*ons, LLC for Project Management Services for Capital Improvements in a total not-to-exceed amount of $150,000 for fiscal year 2023-24
; and
2 .

Approve Task Order No. 2 to the On-Call Agreement with Next Level Engineering Solu*ons, LLC for Project Management Services for Land Development Projects in a total not-to-exceed amount of $125,500 for fiscal year 2023-24.

Summary
The Public Works Department is commi5ed to the maintenance and opera*on of the City of Eastvale’s infrastructure. This includes ensuring the safety and quality of: streets, sidewalks, traﬃc signals, street lights, traﬃc signs, and storm drain inlets. Through ini*a*ves such as the Capital Improvement Program, we ac*vely improve the City’s infrastructure. Our mission is to keep the ameni*es that make Eastvale a premiere loca*on to live and raise a family and we work hard to make sure the needs of Eastvale residents are met and exceeded every single day.

The Engineering Division is responsible for the design and construc*on of private development and capital/public projects, and good project management is one of the essen*al factors that contribute 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
15 to the project success.

Project Management is the overall planning, coordina*on and control of a project form incep*on to comple*on in order to produce a func*onally and ﬁnancially viable project completed on *me within authorized costs and to the required quality standards. The role of a project manager includes acquiring resources and coordina*ng the eﬀorts of team members and third-party contractors or consultants in order to deliver project according to established deadlines and within budget. The project manager will also deﬁne the project's objec*ves and oversee quality control throughout the project life cycle. The project manager will act as an extension of the City's staff and be available to perform project management duties.

Background
The City Council awarded a Professional On-call Services contract to Next Level Engineering Solu*ons, LLC (Next Level Engineering) for Project Management services for Capital Improvement Projects on April 13, 2022. Next Level Engineering demonstrated both the experience and qualiﬁca*ons that meet Eastvale's needs and expecta*ons during the compe**ve procurement process. This will be the first task order issued under this Agreement.

The City Council awarded a Professional On-call Services contract to Next Level Engineering Solu*ons, LLC (Next Level Engineering) for Project Management services for Land Development Projects on December 8, 2021. To fulﬁll an urgent staﬃng need, the Task Order No. 1 to this Agreement was approved by the City Manager in the amount of $24,500 to provide project management services for land development projects on August 8, 2023. Staﬀ desires to con*nue to get support from Next Level Engineering. This will be the second task order issued under this Agreement.

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

Strategic Plan Action - Priority Level: 3
| Target #: 3
| Goal #: 6
Ensure the City revenues align with expenditures
Fiscal Impact
The poten*al total ﬁscal impact for this item is $300,000. General fund budget is available in ﬁscal year 2023-2024 in the following accounts:

Fund
Account
Department
Account Description
Budget
General
100-320-
6433
Engineering
Private Development
$1,047,000
General
100-320-
6490
Engineering
Engineering Services
$419,500

Capital Improvement Projects will be charged in accordance with the Capital Improvement Budget plan. Consultant *me will be tracked and
speciﬁcally charged
to both developers and capital
improvement projects as necessary.
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
16 The task orders are based on an hourly rate schedule with a total not-to-exceed amount of $150,000 for Project Management Services for Capital Improvement and with a total-not-to-exceed amount of $150,000 for Project Managements Services for Land Development Projects.

Prior City Council/Commission Action
On December 8, 2021, the City Council approved a list of consultants to provide on-call professional services to the City.

On April 13, 2022, the City Council approved a list of consultants to provide on-call professional services to the City.

Attachment(s)
Attachment 1.1 - On-Call Agreement for Project Management for CIP

Attachment 1.2 - Task Order No. 1 for Project Management for CIP

Attachment 2.1 - On-Call Agreement for Project Management for Private Land Development

Attachment 2.2 - Task Order No. 2 for Project Management for Private Land Development

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
17 A-2022-038

AGREEMENT FOR ON - CALL PROFESSIONAL SERVICES
CONSTRUCTION MANAGEMENT AND SUPPORT; PROJECT MANAGEMENT FOR CAPITAL IMPROVEMENT PROJECT]
This Agreement for On -Call Professional Services (" Agreement") is entered into as of this 1_ day of 2022 by and between the City of Eastvale, a municipal corporation (" City") and Next Level Engineering Solutions ("Contractor"). City and Contractor are sometimes hereinafter individuallyreferred 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.

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:

I.yx Iu•,` Ira: ar• y a iia, tirl
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 Project Management for Capital Improvement Project 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-
18 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 the category of services in Section 2(a): ( 1) Construction Management and Support, and ( 2) Project Management for Capital Improvement Project. 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 theCityManager's then -currentsigningauthorityforpurchasesofprofessionalservices 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-
19 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-
20 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-
21 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.

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

SECTION 12. NONDISCRIMINATION.

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

SECTION 13. UNAUTHORIZED ALIENS.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, at 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. am
23 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 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 7-
24 law, Contractorshall 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 (includingliabilityfor claims, suits, actions, arbitrationproceedings, 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 expertwitness fees) arise out of, are a consequenceof, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor, in the performance of professional services under this Agreement. b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability ( including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys' fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor.
c) Indemnification from Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Contractor fails to obtain such indemnity obligations from others as required herein, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section.
d) City' s Negligence. The provisions of this section do not apply to claims occurring as a result of City' s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.

SECTION 17. INSURANCE.

Contractor agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit " B" " Insurance" and made a 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.

ME
25 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.

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, WE
26 but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 " Termination of Agreement." Any failure on the part of the City to give notice of the Contractor' s default shall not be deemed to result in a waiver of the City's legal rights or any rights arising out of any provision of this Agreement.

SECTION 22. EXCUSABLE DELAYS.

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

SECTION 23. COOPERATION BY CITY.

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

SECTION 24. NOTICES.

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

To City: City of Eastvale
Attn: City Manager
12363 Limonite Ave., Suite 910
Eastvale, CA 91752
To Contractor: Next Level Engineering Solutions
Attn: Steven L. Wright
13337 South Street Ste # 334
Cerritos, CA 90703
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.
10-
27 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, includingnecessary expensesof investigationand reasonableattorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to execute this Agreement.

SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

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

SECTION 27. BINDING EFFECT.

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

SECTION 28. AMENDMENT.

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

SECTION 29. WAIVER.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services 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 SEE
28 California, in Riverside.

SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.

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

SECTION 32. ENTIRE AGREEMENT.

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

SECTION 33. SEVERABILITY.

If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision( s).

SECTION 34. NONEXCLUSIVITY.

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

SECTION 35. CONFLICTING TERMS.

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
12-
29 Henry Garcia
Interim City Manager
1KfRISE
Marc Donohue
City Clerk

APPROVED AS TO FORM
Erica Vega
City Attorney
Next Level Engineering Solutions
By. 5 L uJ
Name: Steven L Wright
Its: Principal -in -Charge
NOTE: CONTRACTOR' S SIGNATURES SHALL BE DULY NOTARIZED, AND

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE

REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR

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

DOCUMENTATION SHOWING THAT THE INDIVIDUAL SIGNING ON ITS BEHALF HAS THE AUTHORITY TO EXECUTE THIS CONTRACT.
13-
30 31
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
32 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 claimsfor injuriesto personsor damagesto propertywhich 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
33 not less than $ 2, 000, 000 shall be considered equivalent to the said required minimum limits set forth above.
3) Workers' Compensation. Workers' Compensation as required by the Labor Code of the State of California of not less than $ 1,000, 000 per occurrence. 4) Professional Liability. $ 1,000, 000 per occurrence.

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

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

2. Commercial General Liability and Automobile Liability Cages. 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
34 against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Contractor.

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

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

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

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

C- 3
35 ACORD® CERTIFICATE OF LIABILITY INSURANCE

DATE( MMIDD/ YYYY)
05/ 04/ 2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

IMPORTANT: If the certificateholder is an ADDITIONALINSURED, the policy(ies) must haveADDITIONALINSUREDprovisionsor beendorsed.

If SUBROGATIONISWAIVED, subject to the terms and conditionsof the policy, certain policies mayrequirean endorsement. A statementon this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).

PRODUCER CONTACT
NAME:

Hiscox Inc. d/ b/al Hiscox Insurance Agency in CA
5 Concourse Parkway
Suite 2150
PHA/
ONo
Est : (888) 202- 3007 , iAlc No E-
MAILADDRESS:
contact@hiscox. com INSURERS
AFFORDING COVERAGE NAIC # AtlantaGA, 30328INSURER
A : Hiscox InsuranceCompany Inc 10200 INSURED
Next
Level EngineeringSolutions, LLC 13337
South St # 334 INSURER
B : INSURER

C INSURER
D : Cerritos, CA 90703INSURER
E : INSURER
F : COVERAGES
CERTIFICATE NUMBER: REVISION NUMBER: THIS
IS TO CERTIFYTHAT THE POLICIESOF INSURANCELISTED BELOW HAVE BEEN ISSUED TO THE INSUREDNAMED ABOVE FOR THE POLICYPERIOD INDICATED.

NOTWITHSTANDINGANY REQUIREMENT, TERM OR CONDITIONOF ANY CONTRACTOR OTHERDOCUMENTWITH RESPECTTO WHICHTHIS CERTIFICATE

MAY BE ISSUEDOR MAY PERTAIN, THE INSURANCEAFFORDED BY THE POLICIESDESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONSOF SUCHPOLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCEDBY PAIDCLAIMS. I

IRNTTYPE OF INSURANCEBR
POLICY

NUMBER POLICY

EFF MMIDDIYYYY
POLICY

EXP MMIDDIYYYY

LIMITS A
X

COMMERCIALGENERAL LIABILITY CLAIMS -

MADE FRI OCCURN
UDC- 4213451-CGL- 21 08/ 01/ 202108/ 01/ 2022EACH
OCCURRENCES 2, 000,000 DAMAGE

TO RENTEDPREMISES
Ea occurrence100, 000 MED
EXP ( Any one person) s 5, 000PERSONAL &
ADV INJURYs 2, 000,000 GEN'
L X

AGGREGATE
LIMIT APPLIESPER: POLICY
JECT LOC OTHER:

GENERAL
AGGREGATE S 2, 000,000 PRODUCTS -
COMP/ OP AGGs S/T Gen. Agg S

AUTOMOBILE

LIABILITY ANY

AUTO OWNED

SCHEDULED AUTOS

ONLY AUTOS HIRED

NON - OWNEDAUTOS

ONLY AUTOS ONLY COMBINED
SINGLE LIMIT Ea
accidentBODILY
INJURY ( Per person) S BODILY
INJURY ( Per accident) PROPERTY
DAMAGE Per
accidentS 5

UMBRELLA

LIAB EXCESS

LIAB OCCUR

CLAIMS -

MADE EACH

OCCURRENCEAGGREGATE
S DED

RETENTIONS S WORKERS

COMPENSATIONAND

EMPLOYERS' LIABILITY YIN ANYPROPRIETOR/

PARTNER/ EXECUTIVE OFFICER/
MEMBER EXCLUDED? F- 1 (Mandatory
In NH) If
yes, describeunder DESCRIPTION
OF OPERATIONSbelow NIA

STATUTE
ERH E.

L. EACHACCIDENTE.

L. DISEASE - EA EMPLOYEEE.

L. DISEASE - POLICY LIMIT DESCRIPTION
OF OPERATIONSI LOCATIONS / VEHICLES ( ACORD 101, AdditionalRemarks Schedule, may be attachedIf morespace Is required) CERTIFICATE HOLDER CANCELLATION The
City of Eastvale12363
Limonite Ave., Ste 910 SHOULD ANY OF THE ABOVEDESCRIBEDPOLICIES BE CANCELLEDBEFORE Eastvale CA 91752THE EXPIRATIONDATE THEREOF, NOTICE WILL BE DELIVEREDIN ACCORDANCE WITH THE POLICYPROVISIONS. AUTHORIZED
REPRESENTATIVE 1988-
2015 ACORD CORPORATION. All rights reserved. ACORD
25 ( 2016103) The ACORDname and logo are registeredmarks of ACORD 36 Task Order A-2
to
On-Call Professional Services Agreement with Next Level Engineering Solutions, LLC for Project Management Services for Capital Improvement Project

A. Contractor will provide the following Services:

37 B. Compensation for the foregoing Services will be as follows:

38 AGREEMENT FOR ON - CALL PROFESSIONAL SERVICES
PRIVATE LAND DEVELOPMENT — PROJECT MANAGEMENT]
This Agreement for On - Call Professional Services (" Agreement') is entered into as of this dayof JLQM1Xr2021 by andbetweentheCityof Eastvale, a municipal corporation (" City") and Next Level Engineering Solutions, LLC ("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 proposals the performance of the services defined and described particularly in Section 2 of this Agreement.

B. Contractor, following submission of its proposals 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.

SECTION 1. TERM OF AGREEMENT.

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

SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. a) Scope of Services. Contractor agrees to perform Private Land Development — Project Management 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.

Ike
39 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 or will enter into a maximum of four ( 4) 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 On -Call Contracts shall not exceed a cumulative maximum total value of One Hundred Fifty Thousand Dollars ($ 150, 000) per fiscal year (" NTE Sum"). 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 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 2-
40 independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection ( c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission.
c) Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will use its best efforts to cause Contractor to be paid within thirty ( 30) days of receipt of Contractor' s correct and undisputed invoice.
d) Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

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

All 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 3-
41 used, reused or otherwise disposed of by City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such final work product if paid for by the City. This provision specifically excludes Contractors' work notes and drafts, which are owned by Contractor, not City.

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

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.

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

SECTION 12. NONDISCRIMINATION.

SECTION 13. UNAUTHORIZED ALIENS.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S. C.A. §§ 1101, It seg., 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. ffev
44 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.

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 7-
45 law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (" Indemnified Parties") from and against any and all liability ( including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys' fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor, in the performance of professional services under this Agreement. b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability ( including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys' fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. c) Indemnification from Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Contractor fails to obtain such indemnity obligations from others as required herein, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section. d) City' s Negligence. The provisions of this section do not apply to claims occurring as a result of City's sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.

SECTION 17. INSURANCE.

WE
46 SECTION 18. ASSIGNMENT.

SECTION 19. CONTINUITY OF PERSONNEL.

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

SECTION 21. DEFAULT.

In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in WE
47 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: Next Level Engineering Solutions, LLC
Attn: Steven L. Wright
13337 South Street Ste # 334
Cerritos, CA 90703
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.
10-
48 SECTION 25. AUTHORITY TO EXECUTE.

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

SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

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

SECTION 27. BINDING EFFECT.

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

SECTION 28. AMENDMENT.

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

SECTION 29. WAIVER.

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

Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services 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 49 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.

SECTION 33. SEVERABILITY.

SECTION 34. NONEXCLUSIVITY.

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

SECTION 35. CONFLICTING TERMS.

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

CITY OF EASTVALE
12-
50 M
Bryan
bad"
ATTEST:
1C Clerk

APPROVED AS TO FORM
J
Erica Vega
City Attorney

NEXT LEVEL ENGINEERING
Name: Steven L Wright
Its: Principal - in - Charge
NOTE: CONTRACTOR' S SIGNATURES SHALL BE DULY NOTARIZED, AND

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE

REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR

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

MUST SUBMIT DOCUMENTATION SHOWING THAT THE INDIVIDUAL

SIGNING ON ITS BEHALF HAS THE AUTHORITY TO EXECUTE THIS CONTRACT.
13-
51 52
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.]
FEW
53 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
54 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
55 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.

C- 3
56 a coRo CERTIFICATE OF LIABILITY INSURANCE

DATE( MMIDDIYYYY)
12/ 14/ 2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

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

PRODUCER CONTACT
NAME:

Hiscox Inc. d/b/a/ Hiscox Insurance Agency in CA
5 Concourse Parkway
Suite 2150
RCNo Ext : ( 888) 202- 3007 ac No

E- MAIL
ADDRESS: contact@hiscox. com
INSURERS AFFORDING COVERAGE NAIC # Atlanta GA, 30328
INSURERA: Hiscox Insurance Company Inc 10200

INSURED
Next Level Engineering Solutions, LLC
13337 South St # 334
INSURER B :

INSURER C :

INSURER D : Cerritos, CA 90703
INSURER E :

INSURER F :

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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

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

INSR

LTR OF INSURANCE ADDLSTYPE
UBR

POLICY NUMBER MMIDOY MMIDDIYYYY LIMITS
A

X COMMERCIAL GENERAL LIABILITY
CLAIMS - MADE F3(1OCCUR
N UDC- 4213451- CGL- 21 08/ 01/ 2021 08/ 01/ 2022
EACH OCCURRENCE s 2, 000, 000

DAMAGE TO RENTED
PREMISES Ea occurrence s 100, 000
MED EXP ( Any one person) s 5, 000
PERSONAL aADVINJURY s 2, 000, 000
GEN' L
X
AGGREGATE LIMIT APPLIES PER:

POLICY JECT LOC
OTHER:

GENERAL AGGREGATE S 2, 000, 000
PRODUCTS - COMP/OPAGG s SIT Gen. Agg
S

AUTOMOBILE LIABILITY

ANY AUTO

OWNED SCHEDULED

AUTOS ONLY AUTOS

HIRED NON - OWNED

AUTOS ONLY AUTOS ONLY

COMBINED SINGLE LIMIT
Ea accident s
BODILY INJURY ( Per person)
BODILY INJURY ( Per accident) S

PROPERTY DAMAGE
Per accident S

UMBRELLA UAB

EXCESS LIAB
OCCUR

CLAIMS - MADE

EACH OCCURRENCE S
AGGREGATE s

DED RETENTION S

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY YIN

ANYPROPRIETOR/ PARTNER/ EXECUTIVE
OFFICER/ MEMBER EXCLUDED?
Mandatory In NH)
If yes, describe under
DESCRIPT ON OF OPERATIONS below
N I A

STATUTE ER -
E. L. EACH ACCIDENT
E. L. DISEASE . EA EMPLOYEE
E. L. DISEASE - POLICY LIMIT I S
DESCRIPTIONOFOPERATIONSI LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) rI: QTl= InATF Nni ni= Q CANCELLATION
City of Eastvale
12363 Limonite Ave Ste 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 REPRESENTATIVE
9) 1988- 2015 ACURD GURPURATIUN. Au rights reservea.

ACORD 25 ( 2016/ 03) The ACORD name and logo are registered marks of ACORD 57 Task Order A-3
to
On-Call Professional Services Agreement with Next Level Engineering Solutions, LLC for Project Management Services for Land Development Project

A. Contractor will provide the following Services:

B. Compensation for the foregoing Services will be as follows:

58 AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.3
October 11, 2023
Approval of Task Order No. 1 with Psomas a Construc-on and Engineering Company for the Design of Three New Raised Medians in the Public Right of Way
Prepared By:

Jimmy Chung, Public Works Director/City Engineer
Recommended Action(s)
Staﬀ recommends that the City Council approve Task Order No. 1 in the amount of $125,000 with Psomas for Capital Improvement Design Services for Fiscal Year 2023-24.

Summary
The Public Works Department is commi1ed to the maintenance and opera2on of the City of Eastvale’s infrastructure. This includes ensuring the safety and quality of: streets, sidewalks, traﬃc signals, street lights, traﬃc signs, and storm drain inlets. Through ini2a2ves such as the Capital Improvement Program, we ac2vely improve the City’s infrastructure. Our mission is to keep the ameni2es that make Eastvale a premiere loca2on to live and raise a family and we work hard to make sure the needs of Eastvale residents are met and exceeded every single day.

The Engineering Division is responsible for the design and construc2on of private development and capital/public projects. The engineering department solicited Psomas for a proposal to design raised medians on Cantu-Galleano between Hamner Ave and Goodman Way (Loca2on 1), River Road- Archibald Avenue between Baron Drive and River Road-Kendra Lane (Loca2on 2), and on Archibald Avenue extending about 900 feet From Corbin Drive-Prado Basin Park Road (Loca2on 3). The proposal is included in Attachment No. 1 of this staff report.

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
59 Background
The City Council awarded a Professional On-call Services contract to Psomas for Project Management services for General Civil Project Planning and Engineering on April 13, 2022. Psomas demonstrated both the experience and qualiﬁca2ons that meet Eastvale's needs and expecta2ons during the competitive procurement process.

As part of the Capital Improvement Project: Miscellaneous Traﬃc Safety Improvements, and to improve vehicular safety on River Rd, near Baron Dr, a raised median will be installed between Baron Dr and north end of the River Road Bridge. Raised median helps create a physical barrier between the opposing travel lanes and restrict turning movements that help reduce accidents. For that reason, city staﬀ also decided to include raised medians on Cantu Galleano Ranch Rd between the i15 freeway and Hamner Ave; and on Archibald Ave between Corbin Dr and Wind River Rd.

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

Strategic Plan Action - Priority Level: 2
| Target #: E
| Goal #: F
Create a walkable community.

Fiscal Impact
Total ﬁscal impact for the task order is $125,000. Measure A budget is available in ﬁscal year 2023- 24 under the Miscellaneous Traffic and Pedestrian Safety project in the following account:

Funding
Source
Account
Adopted Budget
FY 2023-24
Measure A
210-510-6660-
94005-0000
$287,780.00

The task order is based on a hourly rate schedule with a total not-to-exceed amount of $125,000.

This professional services task order is only for design and engineering services for raised medians, bid phase and construc2on support are excluded from the scope of work. Beyond these ini2al professional services, the project is unbudgeted. Addi2onal professional services required to carry the project through to construc2on are es2mated at $100,000 and will be funded by grants or the general fund. Construc2on es2mates will be ﬁnalized by Psomas during the scope of work, however staﬀ es2mates median construc2on to cost $1.2 million and will be funded by grants or the general fund. Annual maintenance thereaLer is es2mated to be $400.00 per month and will be funded by the general fund.

Prior City Council/Commission Action
On December 8, 2021, the City Council approved a list of consultants to provide on-call professional services to the City.

On April 13, 2022, the City Council approved a list of consultants to provide on-call professional services to the City.

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
60 Attachment(s)
Attachment 1 - On-Call Contract Agreement
Attachment 2 - Task Order 1 to Psomas On Call Agreement

Attachment 3 - Median Design Proposal
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
61 A- 2022- 039

AGREEMENT FOR ON - CALL PROFESSIONAL SERVICES
GENERAL CIVIL PROJECT PLANNING AND ENGINEERING]
This Agreement for On -Call Professional Services (" Agreement') is entered into as of this day of -- A , 2022 by and between the City of Eastvale, a municipal corporation (" City") and Psomas. (" Contractor"). City and Contractor are sometimes hereinafterindividuallyreferredto as "Party" and hereinaftercollectivelyreferredto 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 submissionof its qualificationsfor the performanceof the services defined and described particularly in Section 2 of this Agreement, was selected by the City to be eligibleto performthose servicesas neededand requestedby the City.

C. The Partiesdesireto formalize the selectionof Contractorfor performance of those services defined and described particularlyin Section 2 of this Agreement and desirethat the terms ofthat performancebe as particularlydefinedand describedherein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in considerationof the mutualpromisesandcovenantsmade by the Parties and containedhere and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

SECTION 1. TERM OF AGREEMENT.

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

SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE., a) Scope of Services. Contractor agrees to perform General Civil Project Planning and Engineering (hereinafter, the "Services") as requestedand authorized by the City. [ The Services are more particularly described in Exhibit "A" attached hereto and incorporatedherein.] Whenthe Citydesiresto utilize Contractorfor Services, the Citywill 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.
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 1 -
62 Services not be completed pursuant to that schedule, the Contractor shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Contractor to continue performing the Services.

SECTION 3. ADDITIONAL SERVICES.

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

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
a) The City has entered or will enter into a maximum of nine (9) non- exclusive contracts for performanceof the Scope of Services identifiedin ExhibitA, includingthis 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 Four Hundred Fifty Thousand Dollars ($ 450, 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 the category of services in Section 2(a): (1) General Civil Project Planning and Engineering. Subjectto any limitationssetforth in thisAgreement, City agreesto 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 noticewill identifythe total funds allocated under issuedTask 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 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 2-
63 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 Agreementshall becomethe sole property of City and maybe 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.

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 3-
64 used, reused or otherwise disposed of by City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such final work product if paid for by the City. This provision specifically excludes Contractors' work notes and drafts, which are owned by Contractor, not City.

SECTION 8. INDEPENDENT CONTRACTOR.
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. 4-
65 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.

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

SECTION 12. NONDISCRIMINATION.

SECTION 13. UNAUTHORIZED ALIENS.

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

SECTION 14. CONFLICTS OF INTEREST.
a) Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor' s performance of the Services. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. b) City understands and acknowledges that Contractor is, as of the date of execution of this Agreement, independently involved in the performance of non -related services for other governmental agencies and private parties. Contractor is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. c) City understands and acknowledges that Contractor will perform non - related services for other governmental agencies and private Parties following the 67 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 authorizationfrom 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 agreesto cooperatefully with City and to provide Citywith the opportunityto 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 law, Contractorshallindemnify, protect, defendandholdharmlessCityandanyandall of its officials, employees and agents (" Indemnified Parties") from and against any and all 7-
68 liability ( including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys' fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor, in the performance of professional services under this Agreement. b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability ( including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys' fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor.
c) Indemnification from Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Contractor fails to obtain such indemnity obligations from others as required herein, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section.
d) City's Negligence. The provisions of this section do not apply to claims occurring as a result of City's sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.

SECTION 17. INSURANCE.

SECTION 18. ASSIGNMENT.
sm
69 The expertise and experience of Contractor are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Contractor under this Agreement. In recognition of that interest, Contractor shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Contractor' s duties or obligations under this Agreement without the prior written consent of the City.

SECTION 19. CONTINUITY OF PERSONNEL.

Contractor shall 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" 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 70 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: Psomas
Attn: Arief Naftali
1650 Spruce Street, Suite 400
Riverside, CA 92507
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.

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 10-
71 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 interpretationsand to make amendmentsto this Agreement, includingamendmentsthat 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.

SECTION 30. LAW TO GOVERN; VENUE.

SECTION 32. ENTIRE AGREEMENT.

SECTION 33. SEVERABILITY.

SECTION 34. NONEXCLUSIVITY.

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

SECTION 35. CONFLICTING TERMS.

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

CITY OF EAST LE
12-
73 Henry Garcia
Interim City Manager
13i11WIS
Marc Donohue
City Clerk

APPROVED AS TO FORM
Erica Vega
City Attorney
Psomas
By. _-- --
Name: H 4/ 4r= rHC,'
Its: V)Z15 pXzts' ICC. 4-r
NOTE: CONTRACTOR' S SIGNATURES SHALL BE DULY NOTARIZED, AND

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE

REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR

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

DOCUMENTATION SHOWING THAT THE INDIVIDUAL SIGNING ON ITS BEHALF HAS THE AUTHORITY TO EXECUTE THIS CONTRACT.
13-
74 75
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
76 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
77 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: liabilityarisingout 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
78 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.

C- 3
79 Task Order A-1
to
On-Call Professional Services Agreement with Psomas
A. Contractor will provide the following General Civil Project Planning and Engineering Services:

New and modified raised curb medians on Cantu-Galleano between Hamner Ave and Goodman Way (Location 1), River Road-Archibald Avenue between Baron Drive and River Road-Kendra Lane (Location 2), and Archibald Avenue extending about 900 feet from Corbin Drive-Prado Basin Park Road (Location 3), as described in more detail in the proposal submitted to the City dated September 6, 2023 and incorporated herein by reference.

B. Compensation for the foregoing Services will be as follows:

Compensation will be on a time and materials basis, not-to-exceed $125,000.

Contractor shall use the following hourly rates in the performance of the Services.

Project Manager - $250
Project Engineer - $180
Civil Engineering Designer - $145
Administrative - $120
80 September 6, 2023
VIA EMAIL: [email protected]

Mr. Gabriel Mayorquin
Associate Engineer
City of Eastvale

Subject: Proposal for Engineering Services for raised medians on Cantu-Galleano between Hamner Ave and Goodman Way (Location 1), River Road-Archibald Avenue between Baron Drive and River Road-Kendra Lane (Location 2), and on Archibald Avenue extending about 900 feet from Corbin Drive-Prado Basin Park Road (Location 3).

Dear Ms. Sanchez, Mr. Mayorquin,
Psomas is pleased to submit this proposal to provide engineering design services for new and modified raised curb medians at three locations, as follow:

1) On Cantu-Galleano Ranch Road between Hamner Ave and Goodman Road in City of Eastvale, California. Cantu-Galleano Ranch Road is a major arterial roadway with a posted speed limit of 50-mph. It consists of a six-lane facility with double left-turn lanes by Hamner Avenue and a single left-turn lane at Goodman Road. Despite the road's relatively flat terrain, the crown of the roadbed is positioned in the middle of the road, which is where the raised median is proposed.
2) On River Road-Archibald Avenue between Baron Drive and River Road-Kendra Lane.

Similarly, River Road is a four-lane arterial that turns into a six-lane facility as it transitions as Archibald Avenue. In order to improve safety, the City intends to eliminate northbound 150- feet left-turn lane onto Baron Drive and compensate that space by lengthening the existing left-turn that is available at Archibald Avenue/River Road-Kendra Lane for a combo U-turn and left-turn movements instead.
3) On Archibald Avenue between Corbin Drive-Prado Basin Park Road stretching approximately 900 feet north. The City intends to construct curb median that extends the existing landscaped raised median southerly up to the signalized intersection to increase access safety to and from the Vantage Point Church site where more than 1,800 patrons attend weekend services.

Technical Considerations
With safety and constructability as priorities, the Psomas team will develop construction document for the raised median considering the following important technical elements. The first five (5) considerations are specifically relevant to the proposed raised median on Cantu Galleano, whereas the two latter considerations pertain more to the other proposed curb medians at the other two locations.
81 Mr. Gabriel Mayorquin

Page 2 ends

September 6, 2023
Raised Medians at Three (3) locations

1. Crossfall, Drainage Pattern and Curb
Although relatively flat, crown of the roadbed appears to be in the middle of the road, where raised median is being proposed. Upon verification through survey, the new raised median can feature a curb-only median, without gutter, understanding that surface runoff will continue to shed to the south and northerly curb lines. Based on field observation, an 8-inch curb height will be proposed to stay consistent with others along the north and south.

2. PCC Score Lines
Portion of intersection approaches by Hamner Avenue has PCC versus asphalt concrete on the rest. During design, Psomas will attempt to coincide sawcut removal limits with those of the existing score lines and joints, where practical. This is done so that integrity of remaining slabs is not compromised by new joints and score lines that are likely over smaller, left-behind pavement areas.

Cross-sectional view of roadbed on Cantu-Galleano Ranch Rd clearly showing a crown in the middle of the road and gentle crossfall to both the north and southerly curb lines. 82 Mr. Gabriel Mayorquin

Page 3 ends

September 6, 2023
Raised Medians at Three (3) locations

3. Left-turn Bay Taper
Glued-down delineators installed on the westbound approach to Hamner Avenue’s west-to- southbound left-turn lanes suggest the need to potentially extend left-turn bay transitional space longer than what current striping allows. Working with the City, the Psomas team will provide a recommended length so that safe, proper deceleration from the interchange, and queuing needs can be accommodated.

Where practical, limits of removal and PCC replacement will follow existing score lines that are found on the existing pavement.

Appropriate transitional area for proposed raised median is needed leading to the west to southbound left-turns onto Hamner Avenue, so that traffic infringement onto through lanes can be minimized.
83 Mr. Gabriel Mayorquin

Page 4 ends

September 6, 2023
Raised Medians at Three (3) locations

4. Raised Pavement Markers on Striping
The team also notices the absence of raised pavement markers (RPMs) on existing striping. Raised pavement markers help delineate channelization at night, as well as during the day especially on lighter-color surface such as PCC. We will recommend specifying striping details with RPMs, and yellow edge lines by the new raised median to improve overall visibility of proposed striping.

5. Detector Loops

A few existing detector loops will be impacted during sawcut and removal of existing pavement in the median area. The Psomas team will incorporate and specify the re- cutting and installation of impacted loops as part of the striping plan. Associated items related to the recut and reinstallation of loops could involve new conduits and splice works at nearest pull box in existing parkway areas.

Raised pavement markers are currently absent. Psomas proposes that they be added to striping to be restored as part of the raised median design.
84 Mr. Gabriel Mayorquin

Page 5 ends

September 6, 2023
Raised Medians at Three (3) locations

6. Profile Views
Constructability of epoxy-based curb medians as shown by the Riverside County Standard Plan no. 203 relative to the existing AC surface is simpler than a conventional, form-based curb construction. As such, Psomas thinks profile views to install curb median by Baron Road (Location no. 2) or extending existing raised median to the intersection of Archibald Avenue at Corbin- Prado Basin Park signalized intersection (Location no. 3) are not necessary. Instead, transitional elevations to join or connect to existing raised medians can be shown on plan view. No separate Signing/Striping nor Traffic Signal Modification plan is also required and assumed.

A few detector loops such as shown will be impacted by construction of new raised median. They need to be recut and reinstalled.

Profile view at these two locations (no. 2 and 3) are considered unnecessary because of the type of curb median specified (Riverside County Standard Plan 203). Elevations, and isolated grind/overlay near joining points will be shown instead. 85 Mr. Gabriel Mayorquin

Page 6 ends

September 6, 2023
Raised Medians at Three (3) locations

7. Turning Movement Space
New raised curb medians at signalized intersections of all locations need to consider turning movements from side streets so that left-turn movements onto the arterials, especially with emergency and trash collection trucks do not clip the ends of newly constructed curb medians.

Psomas will evaluate truck turning space requirements as part of developing the raised curb median concepts at all locations.

Scope of Work
Task 1.0 Project Management and Coordination

1.1 Project Meetings
Psomas will participate in a virtual team kickoff meeting with the City to review the scope, schedule, coordination procedures, and intended outcomes for the project. During this meeting Psomas will confirm our understanding of the City’s objectives and requirements of the deliverables throughout the duration of the contract. In addition to the kick-off, Psomas will participate in up to three (3) virtual meetings with the City representative to discuss progress, coordinate design activities, obtain direction, exchange project information, and identify issues to be resolved.

1.2 Project Schedule
Based on Notice-to-Proceed date, Psomas will prepare a schedule for the PS&E. The schedule will include:

View of the signalized intersection of River Road-Kendra Lane at Archibald Avenue where newly extended and modified raised curb medians will be much closer to the crosswalk limit lines.
86 Mr. Gabriel Mayorquin

Page 7 ends

September 6, 2023
Raised Medians at Three (3) locations

o Project milestones and delivery of intermediate Project deliverables o Review assumptions for the PS&E milestones
Task 1.0 Deliverables:
o Participation at Project Kickoff Meeting and Periodic Project Meetings (total 6 virtual meetings) o Project Schedule
Task 2.0 Data Collection
Psomas will collect data and perform research to identify and confirm existing improvements and constraints, and to gather background information for the project. We will obtain and review relevant available information such as as-built plans, and available right of way maps for survey purposes. Data collected, along with completed topographic survey will be used to compose a base map for the raised medians concept and design.

Task 2.0 Deliverable:
o Data Collected
Task 3.0 Topographic Survey/Right of Way Mapping
This project will involve control, topographic and right of way survey for the development of a proposed Medians project. The following scope is assumed:

• Establish survey control within the project limits.
• Establish boundary lines and right-of-way based from available recorded data. • Include the horizontal locations of all surface features. • Provide a mapping of score lines/joints within the median area. • Obtain cross section of the median at fifty-foot intervals, measured from curb to curb, except at two locations:
- For the closure of left-turns at Baron Road (at Location 2) - Extension of raised median island to signalized intersection on Archibald Avenue at Corbin Drive/Prado Basin Park Road (Location 3)
Survey elevations will be limited to within 25 feet of the connection/joining points of the raised median.

• Capture observed surface utilities within project limit.

Survey Control: Horizontal and Vertical project control will be established for the project area. The horizontal control will be tied to California State Plan Coordinates, NAD83, Zone VI. Vertical control will be tied to City of Eastvale or Riverside County Benchmark networks. 87 Mr. Gabriel Mayorquin

Page 8 ends

September 6, 2023
Raised Medians at Three (3) locations

Research and Base Mapping: Cadastral research within City of Eastvale and the County of Riverside will be performed to find existing centerline and right of way line to support the establishment of the Land Net Base Map.

Land Net Base Map: Psomas will locate enough monuments to prepare a Land Net Base Map prepared from available record information. Psomas will establish the existing centerline and right of way lines at all median locations.

Topographic Surveys: Conventional ground surveys will be performed. Cross sections will be collected at 50’ intervals, except at the two aforementioned locations earlier. Within the median area, we will also capture all striping and joint locations.

All visible surface utility features will be located within the project limits, which may include water lines, water valves, fire hydrants, water meters, service laterals, vaults, manholes, sewer main and laterals, and paint marks. We understand that invert elevations for either sewer or storm drain will not need to be located for this project.

Task 3.0 Deliverables:
o Aerial and Conventional Survey
o Existing Right of Way and Centerline Plotted
Task 4.0 Utility Mapping
Psomas will request for as-built drawings from the City. The utility information mapped will be based on provided record drawings.

This scope of work specifically excludes utility relocation design or coordination with utility companies.

If relocation or new facilities are required for any reason, either the respective utility company will perform the design activities, or where appropriate, Psomas will perform required design services based upon authorization by the Client for an additional fee.

Task 4.0 Deliverables:
o Existing Utilities Plotted based on available As-Builts.

Task 5.0 Improvement Plans
Psomas will furnish Street Improvement, and Signing-striping plans associated with the proposed raised median. In composing said plans, the following subtasks are expected:

5.1 Concept Plan
Psomas will develop a conceptual plan for the New Raised Median on Cantu-Galleano Ranch Road for review and approval by representative of the City of Eastvale. Concept plan will show a horizontal, plan view of the proposed raised median only, along with existing and proposed striping layout.

5.2 Construction Plans
An “approved” final concept of the raised median will then be turned into a complete set of Improvement Plans for the new raised median consisting of Street Improvement at 1”=20’, and 88 Mr. Gabriel Mayorquin

Page 9 ends

September 6, 2023
Raised Medians at Three (3) locations

Signing-Striping plan at 1”=20’. Up to two (2) review cycles consisting of Draft and Final are expected by the City of Eastvale. Plans will be submitted to the City at the Concept, Draft, and Final submittal stages.

Task 5.0 Deliverables:

General, overall CIP package set:
o 1 Title sheet
o 2 Typical Sections, Notes and Legend
At location 1 on Cantu Galleano Ranch Road between Hamner and Goodman Way o 1 Street Improvement Plan & Profile (Draft and Final submittals)) o 1 Signing-Striping Plan
o 1 Cross-section Plan for Reference only at 50’ Interval.

At location 2 by River Road-Archibald Avenue, the following additional sheets are anticipated:

o 1 Street Improvement Plan & Profile for portion by River Road-Kendra Lane (Draft and Final submittals). Existing and modified striping will be shown on the same plan. o 1 Cross-section Plan for Reference only at 50’ Interval for portion by River Road-Kendra Lane At location 3 by Archibald Avenue at Corbin Drive-Prado Basin Park Road, the following additional sheets are anticipated:

o 1 Street Improvement and Striping Plan (Draft and Final submittals)) at 1”=20’, double stack.

Task 6.0 Engineer’s Opinion on Cost
Psomas will develop quantities and will prepare an itemized opinion on cost for the Draft and Final submittal packages. Unit costs will be determined by reviewing similar recent project bid summaries and current Caltrans Contract Cost Data book. The estimate will be updated at each subsequent submittal stage.

Task 6.0 Deliverables:
o Engineer’s Cost Estimate (Draft and Final submittals) Task 7.0 Technical Specifications
Psomas will prepare technical specifications following the 2021 Standard Specifications for Public Works Construction (the Greenbook). Psomas will submit the technical specifications with the 90% and 100% submittal packages.

Task 7.0 Deliverables:
o Technical Specifications (90% and 100% submittals)
89 Mr. Gabriel Mayorquin

Page 10 ends

September 6, 2023
Raised Medians at Three (3) locations

Project Schedule
Psomas anticipates meeting the following schedule assuming a Notice-to-Proceed by September 13, 2023:

Data collection, topographic survey, and utility mapping: Sept 17 through Oct 16 Concept Plan: Oct 17 through 31
Draft PS&E submittal by November 17, with City review through November 30 Final PS&E submittal by December 15, with City review through December 22 Finalized PS&E by December 29, 2023.

ASSUMPTIONS/EXCLUSIONS
o All locations are part of one CIP package set, being implemented concurrently. o Due to the nature of the proposed improvements, a geotechnical report is assumed to not be required and is therefore excluded. Pavement reconstruction will be based on available record data or as determined by the City.
o Independent utility research, outreach and coordination with utility companies/owners are excluded.
o A change in design after Concept approval or iteration of design concept beyond what has been specified can be provided at additional fee.
o Infiltration testing is assumed to not be required and is therefore excluded. o Due to its limited road and earthwork disturbance, Stormwater Pollution Prevention (SWPP) and/or Water Quality Management (WQM) plans are assumed not required and are excluded. o No right-of-way work, easement nor permission is required for improvements. o Legal descriptions and plats are therefore assumed not required and are therefore excluded. o Utility relocations are assumed not required and are excluded. o Any encroachment permits and other permit fees, if applicable, will be paid for by the City. o Traffic Signal, Temporary Traffic Control design and plans are assumed excluded. o Hydrology and hydraulic analysis are assumed not needed and is excluded. o The proposed improvements are not anticipated to impact existing drainage patterns.

Therefore, drainage analysis and design are excluded.
o Landscape and/or irrigation plans are excluded, with the exception of conduits for water and electrical lines to the new raised median. No coordination with water nor power companies are assumed included.
o No other agency other than the City of Eastvale reviews and ultimately approves the improvement plan.
90 Mr. Gabriel Mayorquin

Page 11 ends

September 6, 2023
Raised Medians at Three (3) locations

o CEQA, NEPA or any other environmental documentation and clearances are excluded. o Bid phase and construction support services are currently excluded but can be provided as additional upon request.

FEE
Psomas proposes a Time and Material, Not-to-Exceed fee on the following page for performing the aforementioned Scope of Work. As applicable, we are open to adjusting said fee to better suit the City’s available budget through discussion and refinement of our assumptions and/or Scope of Work.

Thank you for giving Psomas the opportunity to assist you in with the raised median design on this important project. If you have any questions, please feel free to contact me directly at (714) 481-7956 or by email at [email protected].

We look forward to partnering with you on this opportunity. If you have any questions, please do not hesitate to call.

Sincerely,

P S O M A S

Arief Naftali, PE, TE, EE, ENV SP Shayesteh Vafai, ENV SP Project Manager/Vice President Project Engineer

91 Mr. Gabriel Mayorquin

Page 12 ends

September 6, 2023
Raised Medians at Three (3) locations

Fee Proposal

92 AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.4
October 11, 2023
Approval of Construc+on Contract with American Asphalt South Inc. for the 2023 Slurry Seal Project in the amount of $2,979,631.68 Prepared By:

Jimmy Chung, Public Works Director/ City Engineer
Recommended Action(s)
Staﬀ recommends that the City Council approve the following ac"ons for the 2023 Residen"al Slurry Seal Project:
1 .

Approve and Adopt Resolu"on 23-XX Amending the 2023-24 Fiscal Year Capital Improvement Budget for project 94001 "Pavement Slurry Seal and Resurfacing;" and 3 .

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

Summary
The 2023 Residen"al Slurry Seal Project is an annual program to treat pavement on various residen"al streets throughout the City with slurry seal. See AAachment 1 for the project loca"on map. These loca"ons were selected based on the City’s Pavement Management Plan, staﬀ inspec"on, and collabora"ve inter-jurisdic"onal construc"on projects. The scope of work includes public no"ﬁca"on, pavement prepara"on, crack sealing, type II slurry seal applica"on, chip seal application, traffic striping and other related work.

The lowest responsive and responsible bidder is American Asphalt South, Inc., with a bid amount of 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
93 $2,837,744.46. Staﬀ recommends a 5% con"ngency of $141,887.22 for a total of $2,979,631.68. See Attachment 2.1 for the Contract Agreement.

Background
The Engineering Department oversees the maintenance of the City's street system and assembles a capital project for the placement of Slurry Seal each year. The applica"on of slurry seal is considered a preventa"ve measure that is intended to prolong the life of the roadway by providing a wearing surface and sealing the exis"ng surface cracks from water. Slurry Seal is typically applied to, but not limited to, the residen"al streets. 2023 Residen"al Slurry Seal project will apply approximately 6.5 million square feet of slurry seal on designated streets throughout the City. The project loca"on was developed from the Pavement Management System (PMS), which is a tool that assists the City in making cost-eﬀec"ve decisions related to the maintenance and rehabilita"on of roadway pavements. A PMS allows the City to maximizes the use of the limited funding by taking a comprehensive approach to managing the City's pavements instead of a wost-ﬁrst pavement plan.

The City took a unique approach in that the beneﬁt to cost ra"o was looked at in a zone-basis instead of an individual street segment. This allows maximizing the eﬃciency by reducing the mobilization cost.

The call for bids was posted on the City’s website and City of Eastvale Vendor Portal through "PlanetBids" on August 24, 2023. The City received two (2) electronic bids by the September 21, 2023 deadline. American Asphalt South submiAed their bid via email rather than through PlanetBids. The No"ce Invi"ng Bids required bids to be submiAed via PlanetBids, however, PlanetBids was experiencing a system outage at the "me bids were due. Sec"on A-6 of the No"ce Invi"ng Bids allows the City to waive any irregulari"es in the bids received and City staﬀ is recommending that this irregularity be waived. The bid results are as follows:

Name of Bidder
City
Bid Amount
American Asphalt South, Inc.

Riverside
$2,837,744.46
Roy Allan Slurry Seal
Santa Fe Springs
$2,945,843.75

ALer review of the bids received, staﬀ has determined that American Asphalt South, Inc. is the lowest responsive and responsible bidder with a total bid price of $2,837,744.46. American Asphalt South, Inc. holds a valid Class A Contractor’s license in the State of California. American Asphalt South, Inc. has delivered successful projects to other agencies such as Ci"es of Murrieta, Temecula, Yorba Linda and more. As speciﬁed in the bid documents, the contractor must execute and return the contract, along with other speciﬁed required, within ten calendar days following receipt of the No"ce to Award. Construc"on is an"cipated to begin in late October 2023 assuming no complica"ons with the contract execu"on process. The contract allows for a total of 60 working days to complete the required work. The work is expected to be completed in December 2023. 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 slurry seal operations.

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
94 Environmental
In accordance with the California Environmental Quality Act, the proposed project is exempt from future review under the categorical exemp"on for exis"ng facili"es (CEQA Guideline 15301). A Notice of Exemption (NOE) has been filed.

Strategic Plan Action - Priority Level: 2
| Target #: E
| Goal #: F
Create a walkable community.

Fiscal Impact
Total ﬁscal impact for this project is $2,979,631.68. Budget totaling $2,231,610 was appropriated in the ﬁscal year 2023-24 budget within the Road Maintenance and Rehabilita"on Fund, Measure A Fund, and a Cal Recycle Grant within the Miscellaneous Grants Fund. The bids exceeded staﬀ's project es"mate, likely due to increased asphalt costs related to escala"on wi"n the oil market. As a result, addi"onal budget appropria"ons are required to complete the project.

A budget resolu"on is
necessary in the amount of $748,030 in the Measure A fund, account number 210-510-6660-94001- 0000 in order to fully fund the Pavement Slurry Seal and Resurfacing project. Approximately $1.3 million in f
und balance is available to be appropriated in the Measure A fund; at this "me the Measure A fund is anticipated to complete the fiscal year with a positive available fund balance.

The proposed budget for this project is as shown below:

Funding Source
Adopted
Budget
Additional
Appropriations
Total Amended
Budget

Account Number
Road Maintenance Rehab
$ 1,240,000.00

$ 1,240,000.00
205-510-6660-94001
Measure A
$ 906,610.00
$748,030.00
$ 1,654,640.00
210-510-6660-94001
Cal Recycle
$ 85,000.00

$ 85,000.00
210-510-6660-94001
Total
$ 2,231,610.00

$ 2,979,640.00

Prior City Council/Commission Action
Not Applicable
Attachment(s)
Attachment 1 - Project Location Map
Attachment 2 - Contract Agreement
Attachment 3 - Resolution 23-XX

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
95 S a n B e r n a r d i n o C o u n t y
O n t a r i o C i t y L i m i t
CHINO
Eastvale
City
Lim
it
Norco
City
Lim
it
S a n t a A n a R i v er
E a s t v a l e C i t y L i m i t
E a s t v a l e C i t y L i m i t

BARON DR
2ND ST

RIVER RD
68TH ST

BELLEGRAVE AVE
6TH ST

LIMONITE AVE LIMONITE AVE
2ND ST
5TH ST

CITRUS ST

CHANDLER ST

SCHLEISMAN RD
SUM
NER
AVE

HARRISON
AVE
65TH ST 65TH ST

ARCHIBALD
AVE

ARCHIBALD
AVE
HAM
NER
AVE
HAM
NER
AVE
I15
N
I15
N
I15
S
I15
S
I15
S

LIMONITE AVE

RIVERBLUFFSLN

HARRISON AVE

BELLEGRAVE AVE
65TH ST

OAKDALE ST
68TH ST

AMBERHILL AVE

NATOMAST

BECKETTFIELD
LN

HEALYLAKE ST

HAVENSIDE CT

LYRA RD

MISSISSIPPI DR

BELLATRIX DR
58TH ST

IRISBEND AVE

STONY RIVER CIR
FIELDM
ASTER

ESTRELLAST

FRONTERA WAY

CHESTERFIELD
CT

HOMECOM
ING
CIR

FOUNTAI N DR

BLOSSOM WAY
COPPER
SKY

CONSTELLATION ST
LIVE
OAK
DR

SAGE BRUSH CIR
RO
YALW
OODS
CIR

DUSK LN

LARKDALE
CIR

PLANETARY RD

NUFFIELD CT

MONTEREY CIR

ROSEBUDDR

HEREFORD LN

LIMONITE AVE

SNOW BUNTING
CT

BAYSIDE CT

PLUMERIA CT

SENDERO AVE
M

OON SHADO
W
CT

RYLEE DR

CIELO CT

TANCY CT

CASCADE CT

GOLDFINCH CIR

FALLING RIVER CT

NASSAU CT
M

OUNTAIN
VIEW
CIR

BLAISDELL CT

COCO CT

LUCKY CT

BANYON TREE CT

KITE CT

CHAPARRALDR

PRAIRIE CIR

BENELLI CT

KOA WOOD CT

MAPLEWOOD CT

FALLINGSTAR CT

BURRAGE ST

TOMMY CT

CLEAR WATER CIR

CARNIVAL CT

BASSET CT

SALERS CT

MYSTIC CLOUD CT

HIGH COUNTRY
CIR

PEACHTREE
DR

CASPIAN CT

DUTCH CT

CALLA LILY CIR

WOODEN GATE WAY

SPANIEL CT

SAMILIN CIR

ARBORCIR
M

AYFIELD ST

SUGARCREEK CIR
HAZELW
OOD
DR

CORVALISCT

TROUTMAN CIR

IVYWOOD CT

BRACE ST

BEVERLY HILLS CT

FINISH DRAFT CT

SILVERTON CIR
NOBURY
CT

MAYFAIRCIR
M

ONTECITO LN

CECILLE CIR

CHEJU CIR

BLOSSOM WAY

BRETON CT

CHAROLAIS
CT

LONGLEAF CT

STANDARDBRED
CIR

CENTAURUS DR

LONETREE CT

DANCY ST

BAY BRIDGE RD

EARLY CRIMSON ST

CALEDONIA CT

LEMAITRE DR

LICHEN DR

TERRAPIN WAY

SHADY DR

WHITE HORSE CT

HIGHBURY W
AY
TAW
NY OW
L CT

BLACKMOOR CT

ORINDA DR

GOLDENEAGLECT

APRICOT TREE LN

GLADIOLAST

ADAGIO CT
BERRY
CREEK
ST

ASHCROFT CIR

ALEXIS CIR

ORION CT

FRENCHTROTTER DR

HALL AVE

MARYLAND AVE

PEACOCK CT

PICTOR CT

VOLANS CT

ELK RIDGECT

EDGE MONT
DR

KNIGHTSBRIDGE CT

FLINT CIR

COUNTRY FAIR DR

PELICAN PEAK CT

OATFIELD AVE

MIRADA CT

GLEN ECHO CT

SILVERLAKES CT

STOCKTONDR
W

ELLS SPRINGS ST
FINCH
ST
HERTZ
PL
BEACHW
OOD
DR

TONY CT

OAKVALE CIR

BLUE SKY CT

PUMICE CTBLUESTONE CT

RAMBLEWOOD CT

BUTTERWOOD CT

MOUNTAIN BREEZE CT
TALLOW

TREE CIR

BERRYHILL
DR

SWAN LAKE MOBILE HOME PARK

RUBY CT

SHORTHORNE DR
BADGER
LN

SPRINGVALE CT

SEAVERCT

KENAI CT
SLATE
CREEK
RD

WOODSHIRE GLEN
CT

SHELBURNE CT

EVENING SUN CT

STARDUST CT
M
O
RN
ING
DAW
N CT

ESTRELLA CT
LARRY
DEAN
ST

RIMMON RD

SADDLEBRED CT

CADENZA DR
BUSHM

ASTER ST

PLEASANT HILL CIR

MONTE VISTA CT

ROSEWOOD CIR
COPPER
SKY
M

ICAH ST

AVEN CT

GREAT FALLS ST

CAMBRIA
DR

OAK TREE LN

CAMP ROCK ST

ELLIS PARK TRL

TRADING POST CT

CALITERRA
CT
PALM
CIR
M

OONRIVER ST

CABELA ST

ROLLING MEADOW ST

GANNET ST

GROUSE ST

KASSELL RD

CAVALRY CIR
W

HIMBREL DR
MORAB
ST
GOLD
DUST
ST

PIONEER CT

OSPREY ST

HIDDEN RIVER

ALMOND GROVE CT

BLUE RIVER CT
CO
BBLE
LN

LAKEV I EW
CIR

POST ST

GREENWARD CT

ONYX CT

BAYRIDGE ST

MAYCRESTAVE

PRAIRIE
MEADOW
RD

DELLBROOK ST
SWAN

LAKEMOBILE HOME PARK
RAPIDS
DR

STAR RUBY AVE

KING ARTHUR
DR

BAY CIR

BITTERCRESS WAY

GRAND RIVER CIR

GATHERING PL

CALF ST

SHADY TREE ST

FESTIVE DR

LAUREL DR

OAK LEAF DR

BOXWOOD
DR

TRAIL RIDERS W
AY

MERIDIAN CT

GALE LN

HEATHGROVE DR

CALINA LN

JADE CT

KENSINGTON CT

LANDERWOODDR
OAK

CREST CIR

ESTONIAN
DR

WOODCREST CT

GOLD SPIRIT ST
M

ARIGOLD ST

PEACHBLOSSOM ST

DIAMOND
BACK
RD

MERRY MEADOWSDR
HOLLIS
ST

CEDAR CREEK RD

EXCALIBUR
DR

LOGSDON DR
W
AKE

FORESTDR

ORANGEVALE AVE

IVY GLEN DR

LONGBRANCH ST

VALENCIA
ST

TARAH ST

STONEBROOK CT

BLUE ROCK CT

SOARING
BIRD
CT

HUNTERVALE DR

JUBILEE PL

LARGODR

NILE WAY
GOLDY
ST
HARM
ONY
DR

CEDAR CREEK RD

WALNUTGROVEAVE

RISINGSTAR DR

MUSTANG WAY

ORANGE ST

WEEPING WILLOW CT

TISDALEST
BADM
INTO
N
ST

WHITELILY ST

GOLDEN BIT ST

FIELDSTREAM
CT

FOUNTAINBROOK
LN

GOLDEN DR

ODYSSEY WAY

ALVARADO LN

GLAZIER LN

EDGEWOOD DR
NO

RTHVIEW
ST

PRAIRIE ROSE LN

LITTLE RIVER RD

OUTBACK WAY

BALTIMORE ST

ASPEN LEAF LN

FOXTROT WAY
SUM

NER AVE

CROSSFIRE CT

SUNNY SPRING
S ST

ROBINBROOK CT
BLUFF
VIEW
LN
MEADOW
S
W
AY
FARM
ALL W
AY

NORTHFORK DR

SHOREHAM
ST

SHADYSIDE
W
AY

DELICIOUS W
AY

THORNBURY LN

BYXBEE CT

AGATE CT
GR

AND PRAIRIE TRL
RO
SEW
O
O
D CIR
RETAM
A ST

QUAIL RUN RD
W

ATERLINE
RD

QUARTER HORSE DR

RIO BRAVO AV
E

STARFLOWER ST
AM
BER
DR

PHEASANT KNOLL RD

WALTERS ST
INDIAN
CANYON
CIR
CEDANO
LN

FULLERRANCH
RD

PRAIRIE SMOKE RD

LUNA ST

ORCHID DR

COLEMAN CT

OLMSTEAD ST

COTTAGE
GROVE
DR

KALY CT

SIENNA PL

ITHICA DR

GULFSTREAM CT

FALLSGROVE DR

EDINBURGH RD

CAXTON ST

ANJOU ST

ALTFILLISCHCT
GRANJA
VISTA
DEL
RIO

DORSETT GOLDEN ST
COYOTE
TRAIL
LN

SUMTER ST

NIGHTINGALE CT

STILLBRO
OK
W
AY

MALLORY CT
IRON

HORSELN
M

ADDOX CT
W

OLFHOUND ST

PINTAIL LOOP

MORNING
HILLS
DR
TIG
ARD
LN

CAYUGA W
AY
CORONA

VALLEYAVE

HEISLER ST

STERN CT

SANDHILL CRANE RD

GOOSE ST

FALL CREEK DR

EVERGLADES ST

L A PRADERA WAY
HILL

GROVEST

PORT ARTHUR DR

FOXPOINT
CT
BENGAL
WAY

BLOSSOM WAY
M

ULAN ST

CONCERTO DR

NARCISSE
DR

PRIMROSE RD

BLUE RIBBON LN

SETTLERS

RIDGECT

REDWOOD VALLEY RD

HONEY B
RO
O
K
CT

STRATUS CT

CHANNEL CT

VILLAGE DR

COLDBROOK CIR
HAM

NER AVE

SIMAS CT

MEADOWVALE ST

BLUEBELL
ST

TERP CT

BLUE CRAB CT

JERSEY ST

LANCELO
T
DR
NO

RTHLANDS RD

FLAGSTAFF DR

LEIGHTON
DR

ALDERGATEDR
GYPSUM
CREEK
DR
HO

LLYHEATH CT
W
HITEW
ELL RD

FIELDMASTER ST

FAIRLANE AVE
GR
O

UND IVY CT

HIDDEN WATER RD

TABLE BLUFF CIR

BALLAD DR
PEACH
AVE
W
HITE

CLOVER WAY

CANTERW
O
O
D CT

CEDAR GROVE CT

ROUNDWOOD DR

RETRIEVER ST

SELBY AVE
VALLEY
CREEK
ST

ORTEGA CT
CLEM
SON
DR
DOVE
VALLEY
W
AY

ANNA CT
W

ILD LUPINE RD

RUNYON DR

HARVEST VALLEY AVE

CABRILLO
WAY

SYMPHONY DR

ANZA VISTA CT
ASHW
ELL CT

LEILANI CT

FAIRCHILD DR

ANNANDALEPL

BRIDGEWATER DR LIVEOAKDR

HEISLER ST
RONDO
DR

DEL REY CT

SWAN LAKE AVE

BEECHWOOD CT

EVERGREEN DR

SERENADEDR
RAE CT
HOOPER
BAY
RD

LINDSEY CT

CANDRA DR

ALDERWOOD AVE

ROSELAICT

VILLA RO
SA CT
COBBLE
CREEK
DR

PLAYFAIRW
AY

GOLD CREEK DR

BECKER DR
SW
IFTW
ATER
CT
HOP
CLOVER
RD

GOLDEN NECTAR CT

FOXHOLLOW CIR

PIMLICO
PL

SOLEIL DR

KENTON PL

ENCLAVEDR

HAWTHORNE AVE

PATTISONST
ELM
GROVE
AVE
W

ILDFLOWER
CT
MULAN
ST

CHLOECT

WIND CHIME PL
ELIAS
ST

MONET DR

EASTVALEPKW
Y

THERESA ST

CATTLEMAN
DR

THOROUGHBRED CT

OPERA CT

LOURENCO LN
EMM
ERDALE
ST

CAROLINAS
LN

BRAMBLE ST

GREENRIVER DRM

OONFLOW
ER
DR
M
C
KENZIE
CT

ACEY ST
LEANNE
ST

PIAZZA CT

KIWI AVE

LINNEA ST
ANGUS
ST

TREASURE
DR
OLD
PEAK
LN
ROSEW
OOD W
AY

HIDDEN VALLEY ST

PEACH GROVE LN

CORTLAND ST

WOODLANDS ST

COOL SPRINGS ST

LILYROSE STBEAVER CREEK DR

FESTIVAL
W
AY

OLITE DR

HAZELNUT DR

GLORY DR
BAY ST

BURBANK RD
ALPINE
ST

COFFEEBERRY DR

STAFFORD ST

CRIPPLE CREEK
DR

SNOWDROP ST

NUT GROVE AVE

KOURTNEY CT

NICOLE CT

PRAIRIE ISLAND CIR PARKWOOD AVE
STONE
BROOK
DR

RIO LOBO CIR

LONSDALE
CT

STONEGATE DR
M

AGGIE LN

FOOTHILL DR

JACK LN

DANDELION ST

FUJI ST

ANGELINE
FALLS
W
AY
W
HITE M

ESA CIR
W

ESTERLY W
AY

SPINDLEW
OOD DR

LAURELWOODAVE

MANDEVILLE CT

ROCKROSE CT CANYON CREST
W

OODPIGEON
RD

SUNGOLD AVE
PINEW
OOD CT

DEER CANYON

LIMESTONE LN
RED
G
OLD
ST

DESI LN
VALLEY
M
EADO
W
AVE

LONGHORNEDR
JASPER
DR
W

HISPERW
IND DR
PEAR
AVE

PROSPECTOR CT

MURWOOD

COOL MEADOW DR

BLACK HORSE ST

MEADOWBROOK LN

CLORIS ST

BRIAR ST

NORWEGIAN ST

HUNGARIAN ST

SUNNY BROOK LN

MUSTANG ST

PADDLEW

HEEL DR

ELDERBERRY
AVE

LEMON VALLEY
AVE

SILVERW
OOD DR

CAMPOLINA DR

CARNATION ST

BRIGHT WATER CIR

TURF PARADISE ST
W

ILD ROSE DR

EAGLE RIVER RD
O
SAG
E
RIVER
CT

LUCITE DR
RIVER
DO
W
NS DR
GOLDEN
CLUB
DR

ANNIKA W
AY

MAISEY CT
HARROW
ST
PARK
CIR

EXCELSIOR
DR

RIVER BANK LN

THISTLEDOW
N ST

LYONNAIS ST
M
APLE
GLEN
DR

ROLLING STREAM PL

PAINTED CANYONDR
JAM
ESTOW
N AVE

ASTERLEAF LN

WIND RIVER RD

PINENUT PATH

BITTERSWEET LN

PROMONTORY LN

SILAS PHELPS DR

ARCADIA
ST

CATALINA ST
KING

SLEY CT

BASHKIR ST

LANDINGCT
CLEM

ENTINE DR

AGOURA ST
GAM
EBIRD
ST

EASTERNSHORE DR

RICK LN

AVENLY GLEN WAY
PEBBLE
CREEK
DR

CYPRESS DR

SUGARLOAF DR

ROARING CREEK CIR

BLACKBIRD LN

SERENITY
FALLS
RD

GOLDENROD DR

REDHAVEN
ST
M
EEKER
DR

ALDER DR

GARDENIACT

FALCON RIDGE RD

WISEMANDR

LOST HORSE RD

CAIRO CT

RAINIER AVE
W

INCHESTER CIR

WOODSIDE ST

JIMSONCT

EMMERGLEN WAY

WALTERS ST

CARROLLTON PL
CANOPY
LN

VERNAZZA
PL

NECTARINE AVE

BRIDAL TRAIL CIR

SONGSPARROW RD
W

OODRUSH W
AY

BRIDGE ST

BODINEWAY

SCHOLAR W
AY

HOLLOWBROOK WAY

TIBURON
DR
TOM
SAW
YER W
AY

SHORTHORN DR

SCOUT RANCH RD
TANG
ER LN
M
AX W
AY

RIVERRUN
CT

EMPIRE CT
PETER
W
ILKS
CT

HUDSON RIVER DR

BODEGA CT
YUM

A TERRACE CT

COLEBROOK DR

DALEBROOK DR

WHISPERING HILLS DR
DELAW

ARE RIVER DR
LARSEN
BAY
ST

VIENNA DR

DEER CREEK DR

BURBANK RD

SANSOME CT

TRACEY WAY

ALTAIR CT

PRESIDIO
RD
SEQ
UIN CT

BOULDER
CREEK
DR

NORDLAND DR

APPLE GROVE CT

FEATHER DR

BABBLING BROOK WAY

STOCKTONDR

RIVER RD

HIGHLAND
DR
HELLM
AN AVE

VERONA PL

CLEVELAN

D BAY CT

CACTUS FLOWER ST

RIO GRANDE DR

RIVERGLEN
CT

JASPER LOOP

VIVA DR

IBIS DR
STAM

PEDE ST
W

OODGLEN LN
FOW
LER LN

LAVONDA ST

TOPEKA CT

MCINTOSH CT

KAYAK ST
M

ACKINAW
CT

CAMPFIRE PL

EASTER BAY DR

KERN RIVER DR

DEARBORN ST

PRELUDE ST
REDOAK
DR
TOURM
ALINE
DR
CITRUS

VALLEYAVE

SLEEPY CREEK DR

SERENITY
ST
LOW
ER
CREEK
ST
FERN
CT

FOREST WIN D ST

ARCTICFOXAVE

HOLLAND CT
PINEG
ROVE
PL
TARPAN
CT
W

OOD CANYON CT

ASHFORD M
ILL CT

CREEKSANDCT

SAN REMODR

RIVERBOAT DR

BETHANY CT

WANDERING RILL CT

GRAY HAW K CT

SYDNEY CT

COYOTE VALLEY ST

PERKINS CT

CANTERCOVECT

NORIC CIR

ELLA DR

GREENBELT RD

CASABLANCA CT
M
ARK TW
AIN CT

JANTINA CT

POPPY VIEW CT
PARK
CIR
ROSINE
DR

BRANT CT
A ST

KRISTI LYNN CT

FAIRLANECIR
EG

YPTIAN CT
ROSE M

ARIE LN
LIM
ONIUM
LN

SPRINGCREST
ST

ARCHIBALD AVE

SPRINGWATER LN

BELYNN CT

BLUEFIELD CT

SMITH RIVER RD

MAYBERRY CIR

CORNFLOW
ER CT

CITRUS ST

ASPEN GROVE RD

RUNNING DEER CI R

CURRENT DR
PLUM
AVE

SPRUCE GROVE CT

EAGLEBLUFF LN
JAKE W
AY

BLUE ASH CT
CHERRY
CREEK
CIR

HEATHER LEE ST

JANELLE CIR

BLACKHAWK RD
HAZEL
ST

CRESCENDO
CT
FALL W
AY

LARKSPUR
AVE

RIVERGLEN DR

PRAIRIECREEK PL

REPOSACT

ALEXANDRIA AVE

FLEUVE CIR

SHINKLE DR

VANDEWATER
ST

STRATUS ST
DELAW
ARE
PARK
CT

SORRELLN

GINGER DR

PINE GROVE LN
W

HITE OW
L CT

RIVERBOAT DR

LAKESHOREST

MILANA DR

RICO CT

GINKO CT
AGUA

CLARACIR

FREESIA CT

BRASS RING LN
E
LK

GROVE DR
KAW
EAH CT
ANG

ELS CAM
P CT

PERRY ANN CIR

DOLLY CT

LAUREL CT

SHALLOW BROOK CT

COLDWATER CT

CHARIOT RD

SADDLE CIR

EAST CREEK CT

HENRY ST

EMERALD CANYONCT

PARK CITY DR
BRO

OKSHIRECT

TWIN CREEK CT
LAS
BRISAS
CT

SILVER SADDLE CT

BRUSH CREEK CT
G
ING
ERW
OOD CT
M
OO
NFLO
W
ER
CT

HEATHERWOOD DR

RIVER DOWNS ST
RUBY
GIANT
CT

SOFTWOOD CT

MOSSWOOD CT

TALASI DR

CRIO LLA CIR

BERTS WAY

CANTATA DR

ALDER BROOK LN
S
AGE
W
REN
CT
CASA
DE
M
ARIA
CT

MILTON ST

STILLBROOK W
AY

BARNETT LN

PAUL ST

ROCK ROSE CT

OLDGROVE CIR
LOST
RIVER
RD
M

IDNIGHT
ROSE
CIR

WAGON CREEK WAY

SUNRISECIR
W

HIPPET ST

BLACK FOREST DR

TENNESSEE
RIVER
CT
FISKE
DR

ELYSIAN
CT

AQUILA WAY

QUARRYCREEKCT

ALPACACT

RUBY CANYON DR

RIVERBOAT DR

MERIDIAN ST
M
USK

MALLOWCT
ARM
OUR
CIR
M
ORNING
M
IST
DR
RO
YAL
DIAM
OND
CT
W

ESTCLIFF
W
AY

CHAMPION WAY

CRAIGBURN CIR

ALEXANDRIA AVE
SPICEW
O
O
D CIR

JAMBOREE DR
ELYSSE
ST

ROWEN CT

FLORENCE ST

REBECCA RYAN CT
JAM
ES
RIVER
DR

HUNTERS RUN CT

BALDEAGLEDR
RAFT
CIR
IVY
SPRING
S
CT

SKOKORAT CT

TERRITORY
LN

THISTLE
ST

MARBLEWAY
ERICA
CT

GRAPEWINST

SCHLEISMAN RD

FARMBOROUGHCT
SW
ISS CT

AUTUMNCREEKCT

TRINITY DR

WATERVILLECT

RIVER RD

DEW DROP CT

SNAPDRAGON ST

CHANDLER ST

PERSIMMON CT
BARW
ICK
CT
M

ADERA CT

PLUMMER CREEK
CT

CANOE DR

HOLLYWOOD AVE

SILENT STREAM CT
ROSS
ST

FABIOLA LN

COLUMBIA LN

SALINE DR

COMFORT COVE LN

RIVERTRAILS DR

BISONCT

ESTANCIALN

ORCHARD DR

RASPBERRY CT
W

ATERLILY CT
SW

EET CLO
VER CT
W

INTERBERRY W
AY

COLONIAL
DOW
NS
ST

ROCKCANYON CT

OOSTEN FARMS RD

DEERPATH CIR

POINTER LOOP

OAKHURST
ST

DAIRY ST
SW

AN CREEK DR

KAMELIA ST

BREEZE LN

ANDARAVIDA
RD
W

INDFLOWERCT
COLLEG

E PARK DR
DAPHNE
ST

BURRINGTON ST
DEL
MARCIR

CLEVELAND AVE
HOM

ECOMING DR

CLEAR CANYON
CT
FOURW
INDS
CT

LEGATO CT

TURTLE M

OUNTAIN CIR

EAGLE NEST CT

EVERT DR
G

ERTRUDIS CT
M

ASSYHARRI S WAY
HEAR

T HSTO N
E
CIR

GLOVER CT

STAR GAZER CT

HAIDER CT

KNOWLWOOD CT

IRIS CT
POM

EGRANATE CT

LAVENDER ST

LOWELL ST

CASTLE RD
W

ILD LILAC CT

GOLDCRES T LN

ROCK CREEK CT

GREY HERON CT

LOKAI CT

HALL AVE
RIVER
RD

BRISTOL BAY CIR

SAGEMONT CT
M
O
ON FLO
W
ER DR
BLUE M
IST CT

DRAKE DR

MEADOWSWEETDR
RED

CARDINALCT
BULL

THISTLE
CT

TIGER HORSE CIR

FRANKLIN LN

EL DORADO DR
BRAM
A ST

BARON DR

GRAYLING DR
TW
INSPUR
CT
KISOCT

DAFFODIL CT

LILAC CT

BRYSON AVE

LOTUS ST
LEM
ON G

RASS AVE

WARM CREEK CT
CARICT

ROSEBAY
CT

STARFLOWER CT
POTTER
VALLEY
DR

VERNAL SPRING CT

SHADY KNOLL DR

RYAN LN

JEANNIE ANN CIR

FERN CRE EK
CT

DEEPWATER BEND RD

BRIANHEAD
DR

PANTANERIO
DR

APPLEMOSS CT

POTTER CREEK DR

SILVERW
EED
W
AY

SADDLETREE
CT
LOST
FORT
PL

SCHOLAR W
AY

SCHLEISMAN RD

HUNTER RD

SAN ALISO CT
LA
M
ESA
ST
GRE E
N
GRASS
CT

CELEBRATION DR

HAVENHURST ST
BRANCH
CT

SEASIDE
ST

LOS ROBLES CT
SAND
DUNES
ST

ARMADILLO
DR

ANNEBURY DR
BRIGHT
GEM
CT

BLAZING STAR DR

DAYBREAK DR

PERIDOTCT

TAYLOR W
AY
M
EURICE
CIR
EM
ERALD
DOW
NSST

JARDENE ST

CORALWOODCT

DUSTYTRAIL RD

LYNDSEY ST

EDGEWOODDR

PHEASANT WAY
OHIO

RIVER DR

WOODLAND DR

BEACONSFIELD LN

ENGLISH SETTER ST

BORGES ST

SILVEIRA ST

ICELANDIC
ST

EL PRADO AVE

KAISHA ST
LAKE

SPRINGS
ST
W
HITEW

ATER ST

BUCKHART ST

LAUREL ST
W

HITHERS
W
AY
COSM
OS ST
BURROW
S
W
AY
M
EADOW
RIDGE
M
ISTY M
EADOW
RD
PASO
FINO
ST

TIGER LILY CT

BROOKTREE ST
ST A
NDING
ROCK
RD

SHEFFIELD
ST

AMBERVIEW PL

AMBERSKYWAY
DOCK
DR

SUMMIT DR
W

INDROSEAVE

NORTH SHORE DR

LIMONITE AVE
I 15
I 15

KENDRA LN

BRAYTON AVE

PROVIDENCE WAY
I15
I 15

MONTEREY
CIR

VILLAGE
DR
Mill Creek
Cucam
onga Creek

DAIRYLAND
PARK
MCCUNE
FAMILY
PARK
RIVER
TRAILS
PARK
HARADA

HERITAGE
PARK

ORCHARD
PARK

VERNOLA PARK
JAMES

C HUBER
PARK
RIVER

WALK PARK

HARMONY PARK

LIMONITE

MEADOWS
PARK
CEDAR

CREEK PARK
PACER
PARK

SILVERLAKES
PARK

CAMBRIA PARK
CLARK
PARK

SUNDANCE PARK

FAIRVIEW PARK

MOUNTAIN

VIEW PARK

MOON RIVER
PARK

PROVIDENCE

RANCH PARK
KIPS
KORNER
PARK
TED
BROOKS
PARK

DELAWARE

GREENBELT PARK

HALF MOON
PARK

DEER CREEK
PARK
NEIL
SNIPES
PARK

MAKIN/SHEARER

SPORTS COMPLEX

STAGECOACH

PARK FUTURE

AMERICAN

HEROES PARK

COMMUNITY

CENTER PARK
LAKE

NORCONIAN

SWAN LAKE

CITY OF EASTVALE
S a n B e r n a r d i n o C o u n t y
E a s t v a l e C i t y L i m i t s
HAM

NER AVERIVERSIDE DR

BELLEGRAVE AVE

CANTU-GALLEANO RANCH RD

MISSION BLVD
I 15
HAM

NER AVE
M

ILLIKEN AVE
HW
Y 60

MISSION BLVD
GOO
DM
AN W
AY

RIVERSIDE DR

BELLEGRAVE AVE

SHARP ST

MICRO DR

HARVEST DR

SAMANTHA DR

CAMBRIA DR

DAYBREAK DR

GATHERING PL

PHILADELPHIA AVE

HARMONY DR

HOMECOMING
CIR

GREYSTONE DR
HWY 60
I 15

MISSION BLVD

PHILADELPHIA AVE
HWY 60
HWY 60
Eastvale MDP Ln E2 Stg 2 BsnEastvale MDP Ln E2 Stg 2 Bsn §¨¦15
ÄÅ60
ÄÅ60
Path: G:\DATA\EASTVALE\ROADWAY_MAINTENANCE\SS_Differences\0221\Street_Network_SS.mxd 5 0 2000 40001000
Feet
0 0.25 0.5
Miles
96 Street Name Begin Location End Location Anticipated TreatmentArea (sf) 58TH ST CALITERRA CT SCHOLAR WAY TYPE II SLURRY SEAL 20,259 58TH ST BRIANHEAD DR CALITERRA CT TYPE II SLURRY SEAL 8,384 58TH ST BERRYHILL DR BRIANHEAD DR TYPE II SLURRY SEAL 12,410 ACEY ST WHITELILY ST LOTUS ST CAPE SEAL 7,993
ACEY ST LOTUS ST KAISHA ST CAPE SEAL 8,136
ACEY ST SNOWDROP ST WHITELILY ST CAPE SEAL 24,928
AGOURA ST NECTARINE AVE ARCADIA ST TYPE II SLURRY SEAL 8,349 ALEXIS CIR LEANNE ST END TYPE II SLURRY SEAL 4,372
AMBER SKY WAY BEAVER CREEK DR HIDDEN VALLEY ST TYPE II SLURRY SEAL 35,066 ANZA VISTA CT END NATOMA ST TYPE II SLURRY SEAL 7,352
APPLE MOSS CT END CRUSHED LEAF WAY TYPE II SLURRY SEAL 22,518 APPLE MOSS CT CRUSHED LEAF WAY PINEGROVE PL TYPE II SLURRY SEAL 19,478 ARCADIA ST AGOURA ST END TYPE II SLURRY SEAL 10,301
ARCADIA ST GOLDEN BIT ST MIRADA CT TYPE II SLURRY SEAL 20,153 ARCADIA ST NORTHFORK DR KIWI AVE TYPE II SLURRY SEAL 10,122 ARCADIA ST KIWI AVE GOLDEN BIT ST TYPE II SLURRY SEAL 8,455 ARCADIA ST MIRADA CT AGOURA ST TYPE II SLURRY SEAL 15,558 ARMOUR CIR CASTLE RD END TYPE II SLURRY SEAL 13,218
ASTERLEAF LN RETRIEVER ST WARBLER CT TYPE II SLURRY SEAL 8,889 ASTERLEAF LN WARBLER CT WHIPPET ST TYPE II SLURRY SEAL 8,951 BABBLING BROOK WAY FOREST WOOD ST COUNTRY FAIR DR TYPE II SLURRY SEAL 25,718 BABBLING BROOK WAY END FOREST WOOD ST TYPE II SLURRY SEAL 9,194 BASSET CT POINTER LOOP END TYPE II SLURRY SEAL 6,687
BAY ST LAVONDA ST JARDENE ST TYPE II SLURRY SEAL 8,348
BEAVER CREEK DR AMBER SKY WAY RED OAK DR TYPE II SLURRY SEAL 8,064 BEAVER CREEK DR DIAMOND BACK RD AMBER SKY WAY TYPE II SLURRY SEAL 8,166 BECKER DR GLAZIER LN TANGER LN TYPE II SLURRY SEAL 7,570 BECKER DR TANGER LN FOWLER LN TYPE II SLURRY SEAL 12,881 BECKER DR W END GLAZIER LN TYPE II SLURRY SEAL 14,865
BEVERLY HILLS CT REDHAVEN ST END TYPE II SLURRY SEAL 7,375 BLACKBIRD LN EAGLE NEST CT DOVE VALLEY WAY TYPE II SLURRY SEAL 8,698 BLACKBIRD LN FALCON RIDGE RD EAGLE NEST CT TYPE II SLURRY SEAL 13,260 BLAISDELL CT SHOREHAM ST END TYPE II SLURRY SEAL 6,110
BLOSSOM WAY HARRISON AVE HILL GROVE ST TYPE II SLURRY SEAL 17,697 BLOSSOM WAY CEDAR CREEK RD MAYCREST AVE TYPE II SLURRY SEAL 18,594 BLOSSOM WAY FESTIVAL WAY SUMNER AVE TYPE II SLURRY SEAL 17,439 BLOSSOM WAY MAYCREST AVE FESTIVAL WAY TYPE II SLURRY SEAL 15,769 BLOSSOM WAY HILL GROVE ST PINEGROVE PL TYPE II SLURRY SEAL 27,837 BLOSSOM WAY PINEGROVE PL CEDAR CREEK RD TYPE II SLURRY SEAL 8,227 BLUEBELL ST PEACH BLOSSOM ST KAMELIA ST TYPE II SLURRY SEAL 13,967 BLUEBELL ST ROWEN CT LINNEA ST TYPE II SLURRY SEAL 7,402 BLUEBELL ST KAMELIA ST ROWEN CT TYPE II SLURRY SEAL 7,570 BLUEBELL ST CLORIS ST END TYPE II SLURRY SEAL 10,015
BLUEBELL ST LINNEA ST CLORIS ST TYPE II SLURRY SEAL 6,620 BODEGA CT KIWI AVE END TYPE II SLURRY SEAL 14,171
BODEGA CT NORTHFORK DR KIWI AVE TYPE II SLURRY SEAL 8,876 BRANCH CT LILYROSE ST END TYPE II SLURRY SEAL 21,480
BRIAR ST HAZEL ST MULAN ST TYPE II SLURRY SEAL 8,331
BRIAR ST MULAN ST DAPHNE ST TYPE II SLURRY SEAL 22,041
BRIDAL TRAIL CIR MADDOX CT FALL WAY TYPE II SLURRY SEAL 8,810 BRIDAL TRAIL CIR FALL WAY END TYPE II SLURRY SEAL 12,351 BRYSON AVE EL DORADO DR FAIRLANE AVE TYPE II SLURRY SEAL 18,518 BURRINGTON ST SHOREHAM ST HENRY ST TYPE II SLURRY SEAL 15,958 BUTTERWOOD CT END COUNTRY FAIR DR TYPE II SLURRY SEAL 8,706 BYXBEE CT END NATOMA ST TYPE II SLURRY SEAL 6,030
CANYON CREST MISTY MEADOW RD MEADOW RIDGE TYPE II SLURRY SEAL 8,320 CANYON CREST DEER CANYON LONETREE CT TYPE II SLURRY SEAL 10,007 CANYON CREST CEDAR CREEK RD END TYPE II SLURRY SEAL 12,427 97 CANYON CREST MEADOW RIDGE CEDAR CREEK RD TYPE II SLURRY SEAL 8,418 CANYON CREST LONETREE CT MISTY MEADOW RD TYPE II SLURRY SEAL 11,381 CARNATION ST MARIGOLD ST END TYPE II SLURRY SEAL 9,521
CARNATION ST END MARIGOLD ST TYPE II SLURRY SEAL 18,661 CARNIVAL CT MILANA DR END TYPE II SLURRY SEAL 6,492
CASTLE RD LANCELOT DR ARMOUR CIR TYPE II SLURRY SEAL 17,116 CATALINA ST MAYCREST AVE GOLDEN NECTAR CT TYPE II SLURRY SEAL 8,541 CATALINA ST MILANA DR MAYCREST AVE TYPE II SLURRY SEAL 9,025 CECILLE CIR LEANNE ST END TYPE II SLURRY SEAL 6,895
CEDANO LN EVERT DR ITHICA DR TYPE II SLURRY SEAL 11,158 CEDANO LN RIVER RD SAN REMO DR TYPE II SLURRY SEAL 9,155 CEDANO LN SEAVER CT EVERT DR TYPE II SLURRY SEAL 8,139
CEDAR CREEK RD FALCON RIDGE RD SCHLEISMAN RD TYPE II SLURRY SEAL 34,627 CEDAR CREEK RD LIMONITE AVE CRESTHAVEN WAY TYPE II SLURRY SEAL 16,557 CEDAR CREEK RD 65TH ST GRAY HAWK CT TYPE II SLURRY SEAL 6,184 CEDAR CREEK RD KIWI AVE NECTARINE AVE TYPE II SLURRY SEAL 22,191 CEDAR CREEK RD NECTARINE AVE LIMONITE AVE TYPE II SLURRY SEAL 20,238 CEDAR CREEK RD CANYON CREST FALCON RIDGE RD TYPE II SLURRY SEAL 11,207 CEDAR CREEK RD GRAY HAWK CT HIDDEN VALLEY ST TYPE II SLURRY SEAL 35,976 CEDAR CREEK RD CRESTHAVEN WAY BLOSSOM WAY TYPE II SLURRY SEAL 28,844 CEDAR CREEK RD HOLLOWBROOK WAY CANYON CREST TYPE II SLURRY SEAL 10,894 CEDAR CREEK RD HIDDEN VALLEY ST KIWI AVE TYPE II SLURRY SEAL 9,087 CHLOE CT SNOWDROP ST END TYPE II SLURRY SEAL 7,745
CLEAR CANYON CT COOL MEADOW DR END TYPE II SLURRY SEAL 16,226 CLORIS ST BLUEBELL ST HAZEL ST TYPE II SLURRY SEAL 8,462 COLONIAL DOWNS ST RIVER DOWNS ST GREAT FALLS ST TYPE II SLURRY SEAL 15,475 COOL MEADOW DR SUMNER AVE FOREST WOOD ST TYPE II SLURRY SEAL 12,540 COOL MEADOW DR FOREST WOOD ST CLEAR CANYON CT TYPE II SLURRY SEAL 8,343 COOL MEADOW DR CLEAR CANYON CT COUNTRY FAIR DR TYPE II SLURRY SEAL 20,423 CORBIN DR W END LOURENCO LN TYPE II SLURRY SEAL 14,634
CORBIN DR LOURENCO LN ARCHIBALD AVE TYPE II SLURRY SEAL 10,325 COSMOS ST TANCY CT PEACH BLOSSOM ST TYPE II SLURRY SEAL 29,762 COTTONWOOD CIR PINENUT PATH END TYPE II SLURRY SEAL 13,658 COUNTRY FAIR DR WAGON CREEK WAY BABBLING BROOK WAY TYPE II SLURRY SEAL 8,274 COUNTRY FAIR DR CITRUS ST BUTTERWOOD CT TYPE II SLURRY SEAL 6,186 COUNTRY FAIR DR BABBLING BROOK WAY COOL MEADOW DR TYPE II SLURRY SEAL 8,743 COUNTRY FAIR DR COOL MEADOW DR WOODEN GATE WAY TYPE II SLURRY SEAL 8,737 COUNTRY FAIR DR BUTTERWOOD CT WAGON CREEK WAY TYPE II SLURRY SEAL 13,216 CRESTHAVEN WAY CEDAR CREEK RD RISINGSTAR DR TYPE II SLURRY SEAL 8,108 CRESTHAVEN WAY GOLD SPIRIT ST CEDAR CREEK RD TYPE II SLURRY SEAL 9,279 CRIPPLE CREEK DR LEMAITRE DR FLAGSTAFF DR TYPE II SLURRY SEAL 15,300 CRIPPLE CREEK DR FLAGSTAFF DR DANCY ST TYPE II SLURRY SEAL 8,192 CRUSHED LEAF WAY HILL GROVE ST APPLE MOSS CT TYPE II SLURRY SEAL 8,376 DAFFODIL CT DANDELION ST END TYPE II SLURRY SEAL 21,551 DANCY ST SPRINGCREST ST RED GOLD ST CAPE SEAL 8,169
DANCY ST FUJI ST 130 FT E OF FUJI ST CAPE SEAL 4,138
DANCY ST LARRY DEAN ST SPRINGCREST ST CAPE SEAL 7,797
DANCY ST SUMNER AVE LARRY DEAN ST CAPE SEAL 19,821
DANCY ST RED GOLD ST FUJI ST CAPE SEAL 7,705
DANCY ST 130 FT E OF FUJI ST BERRYHILL DR CAPE SEAL 4,246 DANCY ST BERRYHILL DR CRIPPLE CREEK DR CAPE SEAL 11,428 DANDELION ST LAVENDER ST DAFFODIL CT TYPE II SLURRY SEAL 9,497 DANDELION ST MARIGOLD ST LILAC CT TYPE II SLURRY SEAL 9,390 DANDELION ST DAFFODIL CT MARIGOLD ST TYPE II SLURRY SEAL 9,443 DANDELION ST CATTLEMAN DR LAVENDER ST TYPE II SLURRY SEAL 9,013 DAPHNE ST BRIAR ST PEACH BLOSSOM ST CAPE SEAL 16,072
DEARBORN ST END TISDALE ST TYPE II SLURRY SEAL 36,411
DEER CANYON SOFTWOOD CT WOODCREST CT TYPE II SLURRY SEAL 8,216 DEER CANYON WOODCREST CT HIDDEN RIVER TYPE II SLURRY SEAL 8,383 98 DEER CANYON CANYON CREST SOFTWOOD CT TYPE II SLURRY SEAL 11,287 DELAWARE PARK CT GREAT FALLS ST END TYPE II SLURRY SEAL 11,076 DELICIOUS WAY LARRY DEAN ST REDHAVEN ST TYPE II SLURRY SEAL 8,215 DELICIOUS WAY SPRINGCREST ST LARRY DEAN ST TYPE II SLURRY SEAL 8,000 DELICIOUS WAY REDHAVEN ST BELLEGRAVE AVE TYPE II SLURRY SEAL 7,904 DELLBROOK ST END TISDALE ST TYPE II SLURRY SEAL 12,698
DIAMOND BACK RD BEAVER CREEK DR ELK RIDGE CT TYPE II SLURRY SEAL 14,846 DIAMOND BACK RD ELK RIDGE CT HIDDEN VALLEY ST TYPE II SLURRY SEAL 19,777 DIAMOND BACK RD 65TH ST BEAVER CREEK DR TYPE II SLURRY SEAL 7,244 DORSETT GOLDEN ST SPRINGCREST ST RED GOLD ST TYPE II SLURRY SEAL 8,292 DORSETT GOLDEN ST RED GOLD ST END TYPE II SLURRY SEAL 6,420 DOVE VALLEY WAY PELICAN PEAK CT BLACKBIRD LN TYPE II SLURRY SEAL 25,044 DOVE VALLEY WAY FALCON RIDGE RD ORANGE ST TYPE II SLURRY SEAL 7,269 DOVE VALLEY WAY PHEASANT KNOLL RD FALCON RIDGE RD TYPE II SLURRY SEAL 12,834 DOVE VALLEY WAY ORANGE ST PELICAN PEAK CT TYPE II SLURRY SEAL 12,871 EAGLE NEST CT BLACKBIRD LN END TYPE II SLURRY SEAL 16,640 EARLY CRIMSON ST FUJI ST END TYPE II SLURRY SEAL 19,895 EARLY CRIMSON ST VALENCIA ST FUJI ST TYPE II SLURRY SEAL 14,763 EDINBURGH RD KNIGHTSBRIDGE CT KING ARTHUR DR TYPE II SLURRY SEAL 7,974 EDINBURGH RD KING ARTHUR DR EXCALIBUR DR TYPE II SLURRY SEAL 6,355 EDINBURGH RD THORNBURY LN KNIGHTSBRIDGE CT TYPE II SLURRY SEAL 28,906 EL DORADO DR FAIRLANE AVE BRYSON AVE TYPE II SLURRY SEAL 18,900 ELIAS ST KALY CT JIMSON CT TYPE II SLURRY SEAL 8,058
ELIAS ST LINNEA ST KALY CT TYPE II SLURRY SEAL 7,892
ELIAS ST JIMSON CT HEATHER LEE ST TYPE II SLURRY SEAL 9,698 ELK RIDGE CT DIAMOND BACK RD END TYPE II SLURRY SEAL 7,899 ELLA DR JAKE WAY MAX WAY TYPE II SLURRY SEAL 10,017
ELLA DR MAX WAY END TYPE II SLURRY SEAL 21,602
ELYSSE ST LYONNAIS ST HARVEST VALLEY AVE TYPE II SLURRY SEAL 13,645 EMPIRE CT LARRY DEAN ST END TYPE II SLURRY SEAL 8,914
ENGLISH SETTER ST RETRIEVER ST BRACE ST TYPE II SLURRY SEAL 26,606 ERICA CT PEACH BLOSSOM ST END TYPE II SLURRY SEAL 13,829 EVERT DR VIENNA DR CEDANO LN TYPE II SLURRY SEAL 16,125 EXCALIBUR DR GUINEVERE CT EDINBURGH RD TYPE II SLURRY SEAL 10,928 EXCALIBUR DR LANCELOT DR GUINEVERE CT TYPE II SLURRY SEAL 8,867 EXCALIBUR DR END LANCELOT DR TYPE II SLURRY SEAL 9,148
FABIOLA LN GLAZIER LN FOWLER LN TYPE II SLURRY SEAL 20,981 FABIOLA LN W END GLAZIER LN TYPE II SLURRY SEAL 15,175
FAIRCHILD DR SWAN CREEK DR HEALY LAKE ST TYPE II SLURRY SEAL 11,975 FAIRCHILD DR HOOPER BAY RD ARCHIBALD AVE TYPE II SLURRY SEAL 18,591 FAIRCHILD DR HEALY LAKE ST LOWER CREEK ST TYPE II SLURRY SEAL 23,018 FAIRCHILD DR POTTER VALLEY DR HOOPER BAY RD TYPE II SLURRY SEAL 12,852 FAIRCHILD DR LOWER CREEK ST POTTER VALLEY DR TYPE II SLURRY SEAL 12,127 FAIRLANE AVE EL DORADO DR ROYAL DIAMOND CT TYPE II SLURRY SEAL 8,777 FAIRLANE AVE BRYSON AVE RAINIER AVE TYPE II SLURRY SEAL 7,967 FAIRLANE AVE RISINGSTAR DR EL DORADO DR TYPE II SLURRY SEAL 8,699 FAIRLANE AVE ROYAL DIAMOND CT FALLINGSTAR CT TYPE II SLURRY SEAL 6,931 FAIRLANE AVE FALLINGSTAR CT BRYSON AVE TYPE II SLURRY SEAL 23,264 FALCON RIDGE RD ROBIN NEST CT TAWNY OWL CT TYPE II SLURRY SEAL 8,883 FALCON RIDGE RD TAWNY OWL CT DOVE VALLEY WAY TYPE II SLURRY SEAL 8,828 FALCON RIDGE RD BLACKBIRD LN ROBIN NEST CT TYPE II SLURRY SEAL 8,938 FALCON RIDGE RD CEDAR CREEK RD BLACKBIRD LN TYPE II SLURRY SEAL 8,807 FALL WAY BRIDAL TRAIL CIR OAK LEAF DR TYPE II SLURRY SEAL 10,723 FALLINGSTAR CT FAIRLANE AVE END TYPE II SLURRY SEAL 6,607 FALLSGROVE DR BERRYHILL DR BELLEGRAVE AVE TYPE II SLURRY SEAL 6,462 FERN CT PEACH BLOSSOM ST END TYPE II SLURRY SEAL 9,811
FESTIVAL WAY MAYCREST AVE MILANA DR TYPE II SLURRY SEAL 10,086 FESTIVAL WAY BLOSSOM WAY MAYCREST AVE TYPE II SLURRY SEAL 26,911 FISKE DR WISEMAN DR ROLLING STREAM PL TYPE II SLURRY SEAL 12,722 99 FLAGSTAFF DR TROUTMAN CIR 282 FT N OF TROUTMAN CIR CAPE SEAL 8,941 FLAGSTAFF DR LEMAITRE DR TROUTMAN CIR CAPE SEAL 6,780
FLAGSTAFF DR 282 FT N OF TROUTMAN CIR CRIPPLE CREEK DR CAPE SEAL 12,273 FLEETWOOD DR EARLY CRIMSON ST LEMAITRE DR CAPE SEAL 8,472 FOOTHILL DR RED OAK DR SUMNER AVE TYPE II SLURRY SEAL 10,639 FOREST WOOD ST END WAGON CREEK WAY TYPE II SLURRY SEAL 7,821 FOREST WOOD ST WAGON CREEK WAY BABBLING BROOK WAY TYPE II SLURRY SEAL 8,404 FOREST WOOD ST BABBLING BROOK WAY COOL MEADOW DR TYPE II SLURRY SEAL 8,844 FOWLER LN BECKER DR FABIOLA LN TYPE II SLURRY SEAL 9,385 FOX HOLLOW CIR RED OAK DR END TYPE II SLURRY SEAL 7,551 FOXPOINT CT TURF PARADISE ST END TYPE II SLURRY SEAL 6,686 FOXTROT WAY HARRISON AVE NORTHLANDS RD TYPE II SLURRY SEAL 8,668 FULLER RANCH RD RIVER RD SAN REMO DR TYPE II SLURRY SEAL 8,874 GLADIOLA ST CATTLEMAN DR END TYPE II SLURRY SEAL 8,980
GLAZIER LN BECKER DR FABIOLA LN TYPE II SLURRY SEAL 9,438 GLAZIER LN FABIOLA LN OOSTEN FARMS RD TYPE II SLURRY SEAL 5,928 GOLD SPIRIT ST GREAT FALLS ST END TYPE II SLURRY SEAL 9,950 GOLD SPIRIT ST CRESTHAVEN WAY GREAT FALLS ST TYPE II SLURRY SEAL 9,391 GOLD SPIRIT ST TURF PARADISE ST CRESTHAVEN WAY TYPE II SLURRY SEAL 5,690 GOLDEN BIT ST HARRISON AVE ARCADIA ST TYPE II SLURRY SEAL 8,654 GOLDEN NECTAR CT CATALINA ST END TYPE II SLURRY SEAL 7,492 GRAY HAWK CT CEDAR CREEK RD END TYPE II SLURRY SEAL 9,871 GREAT FALLS ST HARRISON AVE STAMPEDE ST TYPE II SLURRY SEAL 5,938 GREAT FALLS ST PLAYFAIR WAY COLONIAL DOWNS ST TYPE II SLURRY SEAL 6,735 GREAT FALLS ST COLONIAL DOWNS ST DELAWARE PARK CT TYPE II SLURRY SEAL 8,533 GREAT FALLS ST STAMPEDE ST PLAYFAIR WAY TYPE II SLURRY SEAL 8,358 GREAT FALLS ST DELAWARE PARK CT GOLD SPIRIT ST TYPE II SLURRY SEAL 7,557 GREENWARD CT TIBURON DR END TYPE II SLURRY SEAL 10,708
GUINEVERE CT EXCALIBUR DR END TYPE II SLURRY SEAL 7,085 GULFSTREAM CT STAMPEDE ST END TYPE II SLURRY SEAL 6,223 HALL AVE RIVER RD ITHICA DR TYPE II SLURRY SEAL 18,228
HALL AVE ITHICA DR OOSTEN FARMS RD TYPE II SLURRY SEAL 24,860 HARVEST VALLEY AVE ELYSSE ST ARCHIBALD AVE TYPE II SLURRY SEAL 7,290 HARVEST VALLEY AVE BERRY CREEK ST ELYSSE ST TYPE II SLURRY SEAL 21,301 HAZEL ST BRIAR ST HEATHER LEE ST TYPE II SLURRY SEAL 10,911 HAZEL ST PEACH BLOSSOM ST CLORIS ST TYPE II SLURRY SEAL 27,707 HAZEL ST CLORIS ST BRIAR ST TYPE II SLURRY SEAL 10,669
HEATHER LEE ST ELIAS ST HAZEL ST TYPE II SLURRY SEAL 18,040 HEATHER LEE ST END ELIAS ST TYPE II SLURRY SEAL 10,561
HENRY ST BURRINGTON ST SHOREHAM ST TYPE II SLURRY SEAL 31,118 HENRY ST SHOREHAM ST PORT ARTHUR DR TYPE II SLURRY SEAL 11,923 HIDDEN RIVER DEER CANYON LITTLE RIVER RD TYPE II SLURRY SEAL 15,123 HIDDEN RIVER LITTLE RIVER RD MISTY MEADOW RD TYPE II SLURRY SEAL 5,377 HIDDEN RIVER MISTY MEADOW RD MEADOW RIDGE TYPE II SLURRY SEAL 8,424 HIDDEN VALLEY ST AMBER SKY WAY RED OAK DR TYPE II SLURRY SEAL 8,115 HIDDEN VALLEY ST CEDAR CREEK RD DIAMOND BACK RD TYPE II SLURRY SEAL 8,001 HIDDEN VALLEY ST DIAMOND BACK RD AMBER SKY WAY TYPE II SLURRY SEAL 8,013 HIDDEN VALLEY ST RED OAK DR END TYPE II SLURRY SEAL 10,057 HIGH COUNTRY CIR WOODLANDS ST END TYPE II SLURRY SEAL 6,938 HILL GROVE ST OLD GROVE CIR CRUSHED LEAF WAY TYPE II SLURRY SEAL 6,464 HILL GROVE ST CRUSHED LEAF WAY PINEGROVE PL TYPE II SLURRY SEAL 17,156 HILL GROVE ST BLOSSOM WAY OLD GROVE CIR TYPE II SLURRY SEAL 9,390 HOLLIS ST 65TH ST SNOWDROP ST TYPE II SLURRY SEAL 6,980 HOLLIS ST SNOWDROP ST END TYPE II SLURRY SEAL 13,980
HOLLOWBROOK WAY HARRISON AVE LONETREE CT TYPE II SLURRY SEAL 16,298 HOLLOWBROOK WAY LONETREE CT WESTERLY WAY TYPE II SLURRY SEAL 11,150 HOLLOWBROOK WAY WESTERLY WAY CEDAR CREEK RD TYPE II SLURRY SEAL 26,690 HOOPER BAY RD STANDING ROCK RD LARSEN BAY ST TYPE II SLURRY SEAL 19,678 HOOPER BAY RD FAIRCHILD DR STANDING ROCK RD TYPE II SLURRY SEAL 7,524 100
HUNTER RD PLEASANT HILL CIR WOODLANDS ST TYPE II SLURRY SEAL 20,932 IRIS CT OAKDALE ST END TYPE II SLURRY SEAL 19,132
ITHICA DR HALL AVE SHINKLE DR TYPE II SLURRY SEAL 6,331 ITHICA DR TANGER LN CEDANO LN TYPE II SLURRY SEAL 18,460 ITHICA DR CEDANO LN SALINE DR TYPE II SLURRY SEAL 8,724 ITHICA DR SALINE DR N END TYPE II SLURRY SEAL 16,744
ITHICA DR SHINKLE DR TANGER LN TYPE II SLURRY SEAL 24,204 JANELLE CIR THERESA ST END TYPE II SLURRY SEAL 10,955
JARDENE ST BAY ST TANCY CT TYPE II SLURRY SEAL 24,018
JIMSON CT END ELIAS ST TYPE II SLURRY SEAL 8,793
KAISHA ST LILYROSE ST MULAN ST CAPE SEAL 27,627
KAISHA ST MULAN ST ACEY ST CAPE SEAL 35,804
KALY CT END ELIAS ST TYPE II SLURRY SEAL 6,218
KAMELIA ST LAUREL ST BLUEBELL ST TYPE II SLURRY SEAL 15,499 KARA CT RED GOLD ST END TYPE II SLURRY SEAL 6,515
KAWEAH CT WALTERS ST END TYPE II SLURRY SEAL 11,523
KING ARTHUR DR EDINBURGH RD 68TH ST TYPE II SLURRY SEAL 5,413 KINGSLEY CT SHOREHAM ST END TYPE II SLURRY SEAL 8,543
KIWI AVE LA MESA ST MADERA CT TYPE II SLURRY SEAL 8,747 KIWI AVE ARCADIA ST LA MESA ST TYPE II SLURRY SEAL 9,740 KIWI AVE MADERA CT BODEGA CT TYPE II SLURRY SEAL 9,447
KIWI AVE BODEGA CT CEDAR CREEK RD TYPE II SLURRY SEAL 8,984 KNIGHTSBRIDGE CT EDINBURGH RD END TYPE II SLURRY SEAL 5,903 KOURTNEY CT THERESA ST END TYPE II SLURRY SEAL 9,711
KOURTNEY CT WELLS SPRINGS ST THERESA ST TYPE II SLURRY SEAL 8,256 LA MESA ST KIWI AVE NECTARINE AVE TYPE II SLURRY SEAL 20,757 LANCELOT DR THORNBURY LN CASTLE RD TYPE II SLURRY SEAL 6,619 LANCELOT DR CASTLE RD EXCALIBUR DR TYPE II SLURRY SEAL 7,428 LANCELOT DR EXCALIBUR DR ODYSSEY WAY TYPE II SLURRY SEAL 15,207 LANCELOT DR RIVERBOAT DR THORNBURY LN TYPE II SLURRY SEAL 8,446 LARRY DEAN ST DELICIOUS WAY END TYPE II SLURRY SEAL 13,272 LARRY DEAN ST DANCY ST EMPIRE CT TYPE II SLURRY SEAL 5,000 LARRY DEAN ST REDHAVEN ST DELICIOUS WAY TYPE II SLURRY SEAL 25,086 LARRY DEAN ST EMPIRE CT REDHAVEN ST TYPE II SLURRY SEAL 10,940 LARSEN BAY ST HOOPER BAY RD GRAYLING DR TYPE II SLURRY SEAL 9,122 LARSEN BAY ST LOWER CREEK ST HOOPER BAY RD TYPE II SLURRY SEAL 23,023 LAUREL ST LILYROSE ST KAMELIA ST TYPE II SLURRY SEAL 29,420 LAVENDER ST DANDELION ST OAKDALE ST TYPE II SLURRY SEAL 31,256 LAVENDER ST OAKDALE ST END TYPE II SLURRY SEAL 19,024
LAVONDA ST BAY ST LYNDSEY ST TYPE II SLURRY SEAL 17,580 LAVONDA ST MULAN ST BAY ST TYPE II SLURRY SEAL 9,376
LAZARE CT LYONNAIS ST END TYPE II SLURRY SEAL 7,353
LEANNE ST ALEXIS CIR THERESA ST TYPE II SLURRY SEAL 17,579 LEANNE ST CECILLE CIR ALEXIS CIR TYPE II SLURRY SEAL 26,178 LEANNE ST TARAH ST CECILLE CIR TYPE II SLURRY SEAL 8,024 LEANNE ST THERESA ST TARAH ST TYPE II SLURRY SEAL 9,776 LEMAITRE DR FLEETWOOD DR CRIPPLE CREEK DR CAPE SEAL 7,512 LEMAITRE DR FLAGSTAFF DR FLEETWOOD DR CAPE SEAL 5,146
LILAC CT DANDELION ST END TYPE II SLURRY SEAL 21,611
LILYROSE ST BRANCH CT PEACH BLOSSOM ST TYPE II SLURRY SEAL 8,227 LILYROSE ST PEACH BLOSSOM ST KAISHA ST TYPE II SLURRY SEAL 8,064 LILYROSE ST LAUREL ST BRANCH CT TYPE II SLURRY SEAL 8,118 LINNEA ST ELIAS ST BLUEBELL ST CAPE SEAL 7,968
LINNEA ST SUMNER AVE ELIAS ST CAPE SEAL 11,493
LITTLE RIVER RD HIDDEN RIVER SCHLEISMAN RD TYPE II SLURRY SEAL 7,385 LONETREE CT HOLLOWBROOK WAY CANYON CREST TYPE II SLURRY SEAL 10,184 LONETREE CT CANYON CREST END TYPE II SLURRY SEAL 7,273
LOTUS ST MULAN ST ACEY ST CAPE SEAL 31,323
LOTUS ST SNOWDROP ST MULAN ST CAPE SEAL 18,908
101
LOURENCO LN SALINE DR CORBIN DR TYPE II SLURRY SEAL 9,225 LOURENCO LN W END SALINE DR TYPE II SLURRY SEAL 8,014
LOURENCO LN CORBIN DR WISEMAN DR TYPE II SLURRY SEAL 9,082 LOURENCO LN WISEMAN DR E END TYPE II SLURRY SEAL 10,799 LOWER CREEK ST FAIRCHILD DR LARSEN BAY ST TYPE II SLURRY SEAL 10,960 LOWER CREEK ST LARSEN BAY ST HEALY LAKE ST TYPE II SLURRY SEAL 17,771 LYNDSEY ST LAVONDA ST PEACH BLOSSOM ST TYPE II SLURRY SEAL 24,260 LYONNAIS ST LAZARE CT ELYSSE ST TYPE II SLURRY SEAL 8,701 MADDOX CT BRIDAL TRAIL CIR OUTBACK WAY TYPE II SLURRY SEAL 6,420 MADERA CT KIWI AVE END TYPE II SLURRY SEAL 14,516
MALLORY CT END NORTHLANDS RD TYPE II SLURRY SEAL 6,300
MARIGOLD ST DANDELION ST OAKDALE ST TYPE II SLURRY SEAL 31,344 MARIGOLD ST OAKDALE ST END TYPE II SLURRY SEAL 19,294
MARIGOLD ST 65TH ST CARNATION ST TYPE II SLURRY SEAL 6,318 MARIGOLD ST CARNATION ST DANDELION ST TYPE II SLURRY SEAL 9,522 MAX WAY ELLA DR OAK LEAF DR TYPE II SLURRY SEAL 10,883
MAX WAY OAK LEAF DR WHIMBREL DR TYPE II SLURRY SEAL 8,984 MAYCREST AVE BLOSSOM WAY CATALINA ST TYPE II SLURRY SEAL 5,406 MAYCREST AVE RAINIER AVE BLOSSOM WAY TYPE II SLURRY SEAL 5,420 MAYCREST AVE CATALINA ST FESTIVAL WAY TYPE II SLURRY SEAL 27,639 MCINTOSH CT VALENCIA ST END TYPE II SLURRY SEAL 9,533
MEADOW RIDGE CANYON CREST HIDDEN RIVER TYPE II SLURRY SEAL 30,450 MILANA DR CARNIVAL CT FESTIVAL WAY TYPE II SLURRY SEAL 15,325 MILANA DR CATALINA ST CARNIVAL CT TYPE II SLURRY SEAL 23,039 MILANA DR FESTIVAL WAY END TYPE II SLURRY SEAL 11,223
MIRADA CT ARCADIA ST END TYPE II SLURRY SEAL 8,742
MISTY MEADOW RD CANYON CREST HIDDEN RIVER TYPE II SLURRY SEAL 31,036 MULAN ST KAISHA ST PEACH BLOSSOM ST TYPE II SLURRY SEAL 8,165 MULAN ST LOTUS ST KAISHA ST TYPE II SLURRY SEAL 8,113
MULAN ST PEACH BLOSSOM ST BRIAR ST TYPE II SLURRY SEAL 29,691 MULAN ST BRIAR ST LAVONDA ST TYPE II SLURRY SEAL 8,027
MULAN ST LAVONDA ST LIMONITE AVE TYPE II SLURRY SEAL 13,946 NATOMA ST ANZA VISTA CT BYXBEE CT TYPE II SLURRY SEAL 8,169 NATOMA ST BYXBEE CT TISDALE ST TYPE II SLURRY SEAL 8,720 NATOMA ST END ANZA VISTA CT TYPE II SLURRY SEAL 16,088
NECTARINE AVE AGOURA ST CEDAR CREEK RD TYPE II SLURRY SEAL 18,360 NECTARINE AVE LA MESA ST AGOURA ST TYPE II SLURRY SEAL 8,866 NICOLE CT WELLS SPRINGS ST THERESA ST TYPE II SLURRY SEAL 8,256 NICOLE CT THERESA ST END TYPE II SLURRY SEAL 9,572
NORTHFORK DR HARRISON AVE ARCADIA ST TYPE II SLURRY SEAL 7,895 NORTHFORK DR ARCADIA ST BODEGA CT TYPE II SLURRY SEAL 28,624 NORTHLANDS RD PLEASANT HILL CIR WOODLANDS ST TYPE II SLURRY SEAL 8,753 NORTHLANDS RD VALLEY CREEK ST PLEASANT HILL CIR TYPE II SLURRY SEAL 8,768 NORTHLANDS RD MALLORY CT VALLEY CREEK ST TYPE II SLURRY SEAL 6,839 NORTHLANDS RD WOODLANDS ST FOXTROT WAY TYPE II SLURRY SEAL 6,761 NORTHLANDS RD FOXTROT WAY MALLORY CT TYPE II SLURRY SEAL 10,921 OAK LEAF CIR PINENUT PATH END TYPE II SLURRY SEAL 13,639 OAK LEAF DR FALL WAY MAX WAY TYPE II SLURRY SEAL 31,394 OAK LEAF DR MAX WAY END TYPE II SLURRY SEAL 7,871
OAKDALE ST HEREFORD LN LAVENDER ST TYPE II SLURRY SEAL 10,172 OAKDALE ST LAVENDER ST POMEGRANATE CT TYPE II SLURRY SEAL 10,454 OAKDALE ST POMEGRANATE CT MARIGOLD ST TYPE II SLURRY SEAL 10,640 OAKDALE ST MARIGOLD ST IRIS CT TYPE II SLURRY SEAL 10,693 OAKDALE ST IRIS CT HAMNER AVE TYPE II SLURRY SEAL 8,438 OAKDALE ST CATTLEMAN DR HEREFORD LN TYPE II SLURRY SEAL 9,192 OAKHURST ST MEADOWS WAY PROMONTORY LN TYPE II SLURRY SEAL 15,638 ODYSSEY WAY LANCELOT DR END TYPE II SLURRY SEAL 6,731
ODYSSEY WAY RIMMON RD LANCELOT DR TYPE II SLURRY SEAL 7,626 OLD GROVE CIR END HILL GROVE ST TYPE II SLURRY SEAL 12,095 102
OOSTEN FARMS RD HALL AVE GLAZIER LN CAPE SEAL 22,486
OOSTEN FARMS RD FOUNTAINBROOK LN CHERRY CREEK CIR CAPE SEAL 21,484 OOSTEN FARMS RD GLAZIER LN FOUNTAINBROOK LN CAPE SEAL 18,735 ORANGE ST DOVE VALLEY WAY SUMNER AVE TYPE II SLURRY SEAL 7,239 OUTBACK WAY HELLMAN AVE MADDOX CT TYPE II SLURRY SEAL 7,243 PEACH BLOSSOM ST BLUEBELL ST HAZEL ST TYPE II SLURRY SEAL 7,766 PEACH BLOSSOM ST BLUEBELL ST HAZEL ST CAPE SEAL 7,766
PEACH BLOSSOM ST ERICA CT FERN CT CAPE SEAL 8,169
PEACH BLOSSOM ST MULAN ST ERICA CT CAPE SEAL 8,279
PEACH BLOSSOM ST LYNDSEY ST COSMOS ST CAPE SEAL 8,301
PEACH BLOSSOM ST LILYROSE ST BLUEBELL ST CAPE SEAL 20,870 PEACH BLOSSOM ST DAPHNE ST LYNDSEY ST CAPE SEAL 7,618
PEACH BLOSSOM ST 65TH ST LILYROSE ST CAPE SEAL 7,049
PEACH BLOSSOM ST HAZEL ST MULAN ST CAPE SEAL 7,970
PEACH BLOSSOM ST COSMOS ST SCHOLAR WAY CAPE SEAL 7,352
PEACH BLOSSOM ST FERN CT DAPHNE ST CAPE SEAL 7,465
PELICAN PEAK CT DOVE VALLEY WAY END TYPE II SLURRY SEAL 8,079 PHEASANT KNOLL RD END PHEASANT WAY TYPE II SLURRY SEAL 12,510 PHEASANT WAY WOODPIGEON RD PHEASANT KNOLL RD TYPE II SLURRY SEAL 25,629 PINEGROVE PL HILL GROVE ST APPLE MOSS CT TYPE II SLURRY SEAL 9,869 PINEGROVE PL BLOSSOM WAY HILL GROVE ST TYPE II SLURRY SEAL 17,015 PINENUT PATH COTTONWOOD CIR OAK LEAF CIR TYPE II SLURRY SEAL 8,631 PINENUT PATH OAK LEAF CIR SPICEWOOD CIR TYPE II SLURRY SEAL 8,841 PINENUT PATH CEDAR CREEK RD COTTONWOOD CIR TYPE II SLURRY SEAL 8,753 PINENUT PATH SPICEWOOD CIR WINTERBERRY WAY TYPE II SLURRY SEAL 8,456 PLAYFAIR WAY TURF PARADISE ST GREAT FALLS ST TYPE II SLURRY SEAL 7,671 PLEASANT HILL CIR HUNTER RD END TYPE II SLURRY SEAL 10,000 PLEASANT HILL CIR NORTHLANDS RD HUNTER RD TYPE II SLURRY SEAL 7,962 POINTER LOOP RETRIEVER ST SPANIEL CT TYPE II SLURRY SEAL 33,461 POINTER LOOP SPANIEL CT BASSET CT TYPE II SLURRY SEAL 25,203 POMEGRANATE CT OAKDALE ST END TYPE II SLURRY SEAL 19,455 POTTER VALLEY DR REDWOOD VALLEY RD FAIRCHILD DR TYPE II SLURRY SEAL 19,975 PROMONTORY LN TIBURON DR END TYPE II SLURRY SEAL 13,199 PROMONTORY LN OAKHURST ST TIBURON DR TYPE II SLURRY SEAL 8,689 RAINIER AVE MAYCREST AVE FAIRLANE AVE TYPE II SLURRY SEAL 17,474 RAINIER AVE RISINGSTAR DR MAYCREST AVE TYPE II SLURRY SEAL 8,849 RASPBERRY CT STARFLOWER ST END TYPE II SLURRY SEAL 15,372 RED GOLD ST RUBY CT KARA CT TYPE II SLURRY SEAL 8,278
RED GOLD ST DANCY ST RUBY CT TYPE II SLURRY SEAL 8,594
RED GOLD ST KARA CT DORSETT GOLDEN ST TYPE II SLURRY SEAL 8,851 RED OAK DR FOOTHILL DR FOX HOLLOW CIR TYPE II SLURRY SEAL 9,571 RED OAK DR FOX HOLLOW CIR HIDDEN VALLEY ST TYPE II SLURRY SEAL 12,763 RED OAK DR BEAVER CREEK DR FOOTHILL DR TYPE II SLURRY SEAL 12,399 REDHAVEN ST 274 FT W OF LARRY DEAN ST BEVERLY HILLS CT TYPE II SLURRY SEAL 20,841 REDHAVEN ST BEVERLY HILLS CT DELICIOUS WAY TYPE II SLURRY SEAL 14,416 REDHAVEN ST LARRY DEAN ST 274 FT W OF LARRY DEAN ST TYPE II SLURRY SEAL 8,697 REDHAVEN ST DELICIOUS WAY END TYPE II SLURRY SEAL 16,699 REDWOOD VALLEY RD INDIAN CANYON CIR WHITE MESA CIR TYPE II SLURRY SEAL 8,898 REDWOOD VALLEY RD SWAN CREEK DR GRAND RIVER CIR TYPE II SLURRY SEAL 9,611 REDWOOD VALLEY RD TURTLE MOUNTAIN CIR BRISTOL BAY CIR TYPE II SLURRY SEAL 8,546 REDWOOD VALLEY RD GRAND RIVER CIR INDIAN CANYON CIR TYPE II SLURRY SEAL 8,873 REDWOOD VALLEY RD WHITE MESA CIR POTTER VALLEY DR TYPE II SLURRY SEAL 10,060 REDWOOD VALLEY RD POTTER VALLEY DR TURTLE MOUNTAIN CIR TYPE II SLURRY SEAL 8,527 RISINGSTAR DR CRESTHAVEN WAY RAINIER AVE TYPE II SLURRY SEAL 19,917 RISINGSTAR DR FAIRLANE AVE CRESTHAVEN WAY TYPE II SLURRY SEAL 5,813 RIVER DOWNS ST STAMPEDE ST COLONIAL DOWNS ST TYPE II SLURRY SEAL 12,030 RIVERBOAT DR COLLEGE PARK DR HAMNER AVE CAPE SEAL 16,112 RIVERBOAT DR RAPIDS DR WELLS SPRINGS ST CAPE SEAL 19,724 RIVERBOAT DR HAMNER AVE NILE WAY CAPE SEAL 33,041
103
RIVERBOAT DR MASSY HARRIS WAY LANCELOT DR CAPE SEAL 26,210 RIVERBOAT DR LANCELOT DR COLLEGE PARK DR CAPE SEAL 30,073 RIVERBOAT DR NILE WAY RAPIDS DR CAPE SEAL 14,251
ROBIN NEST CT FALCON RIDGE RD END TYPE II SLURRY SEAL 6,736 ROWEN CT END BLUEBELL ST TYPE II SLURRY SEAL 13,348
ROYAL DIAMOND CT FAIRLANE AVE END TYPE II SLURRY SEAL 13,256 RUBY CT RED GOLD ST END TYPE II SLURRY SEAL 6,756
SALINE DR ITHICA DR VIENNA DR TYPE II SLURRY SEAL 15,427 SALINE DR VIENNA DR LOURENCO LN TYPE II SLURRY SEAL 15,581 SAN ALISO CT END TISDALE ST TYPE II SLURRY SEAL 21,868
SAN REMO DR SHINKLE DR FULLER RANCH RD TYPE II SLURRY SEAL 23,062 SAN REMO DR CEDANO LN VIENNA DR TYPE II SLURRY SEAL 9,815 SAN REMO DR FULLER RANCH RD CEDANO LN TYPE II SLURRY SEAL 29,482 SANSOME CT TIBURON DR END TYPE II SLURRY SEAL 9,176
SEAVER CT CEDANO LN E END TYPE II SLURRY SEAL 7,829
SEQUIN CT SHOREHAM ST END TYPE II SLURRY SEAL 8,969
SHELBURNE CT SHOREHAM ST END TYPE II SLURRY SEAL 6,651
SHINKLE DR SAN REMO DR ITHICA DR TYPE II SLURRY SEAL 14,322 SHOREHAM ST BLAISDELL CT HENRY ST TYPE II SLURRY SEAL 18,541 SHOREHAM ST HELLMAN AVE BURRINGTON ST TYPE II SLURRY SEAL 8,026 SHOREHAM ST BURRINGTON ST KINGSLEY CT TYPE II SLURRY SEAL 8,325 SHOREHAM ST KINGSLEY CT SWIFTWATER CT TYPE II SLURRY SEAL 8,274 SHOREHAM ST SWIFTWATER CT SEQUIN CT TYPE II SLURRY SEAL 8,107 SHOREHAM ST SEQUIN CT BLAISDELL CT TYPE II SLURRY SEAL 7,537 SHOREHAM ST HENRY ST SHELBURNE CT TYPE II SLURRY SEAL 10,178 SHOREHAM ST SHELBURNE CT CHANDLER ST TYPE II SLURRY SEAL 9,420 SIMAS CT VIENNA DR E END TYPE II SLURRY SEAL 7,243
SMITH RIVER RD BERRY CREEK ST ARCHIBALD AVE TYPE II SLURRY SEAL 38,835 SMITH RIVER RD LOWER CREEK ST BERRY CREEK ST TYPE II SLURRY SEAL 13,108 SNOWDROP ST CHLOE CT HOLLIS ST CAPE SEAL 13,432
SNOWDROP ST WHITELILY ST CHLOE CT CAPE SEAL 8,142
SNOWDROP ST LOTUS ST WHITELILY ST CAPE SEAL 9,475
SOFTWOOD CT DEER CANYON END TYPE II SLURRY SEAL 12,321
SPANIEL CT POINTER LOOP END TYPE II SLURRY SEAL 6,796
SPICEWOOD CIR PINENUT PATH END TYPE II SLURRY SEAL 13,317 SPRINGCREST ST DORSETT GOLDEN ST DELICIOUS WAY TYPE II SLURRY SEAL 12,367 SPRINGCREST ST DANCY ST DORSETT GOLDEN ST TYPE II SLURRY SEAL 20,551 SPRINGCREST ST DELICIOUS WAY END TYPE II SLURRY SEAL 10,440 STAMPEDE ST GREAT FALLS ST GULFSTREAM CT TYPE II SLURRY SEAL 9,825 STAMPEDE ST GULFSTREAM CT RIVER DOWNS ST TYPE II SLURRY SEAL 9,579 STARFLOWER ST CEDAR CREEK RD RASPBERRY CT TYPE II SLURRY SEAL 8,754 STARFLOWER ST RASPBERRY CT WATERLILY CT TYPE II SLURRY SEAL 8,823 STARFLOWER ST WATERLILY CT SWEET CLOVER CT TYPE II SLURRY SEAL 8,576 STARFLOWER ST WINTERBERRY WAY SUMNER AVE TYPE II SLURRY SEAL 7,640 STARFLOWER ST SWEET CLOVER CT WINTERBERRY WAY TYPE II SLURRY SEAL 8,559 SWEET CLOVER CT STARFLOWER ST END TYPE II SLURRY SEAL 15,276 SWIFTWATER CT SHOREHAM ST END TYPE II SLURRY SEAL 7,552 TANCY CT COSMOS ST END TYPE II SLURRY SEAL 6,043
TANGER LN ITHICA DR BECKER DR TYPE II SLURRY SEAL 9,116 TARAH ST 68TH ST LEANNE ST TYPE II SLURRY SEAL 6,461
TAWNY OWL CT FALCON RIDGE RD END TYPE II SLURRY SEAL 7,703 THERESA ST JANELLE CIR KOURTNEY CT TYPE II SLURRY SEAL 7,800 THERESA ST KOURTNEY CT LEANNE ST TYPE II SLURRY SEAL 7,872 THERESA ST LEANNE ST NICOLE CT TYPE II SLURRY SEAL 7,950 THERESA ST NICOLE CT JANELLE CIR TYPE II SLURRY SEAL 7,875 THORNBURY LN LANCELOT DR EDINBURGH RD TYPE II SLURRY SEAL 28,900 THORNBURY LN END LANCELOT DR TYPE II SLURRY SEAL 6,096
TIBURON DR TRACEY WAY GREENWARD CT TYPE II SLURRY SEAL 16,333 TIBURON DR SANSOME CT PROMONTORY LN TYPE II SLURRY SEAL 8,880 104
TIBURON DR GREENWARD CT SANSOME CT TYPE II SLURRY SEAL 11,891 TOPEKA CT END TISDALE ST TYPE II SLURRY SEAL 9,262
TRACEY WAY MEADOWS WAY TIBURON DR TYPE II SLURRY SEAL 8,837 TROUTMAN CIR FLAGSTAFF DR END TYPE II SLURRY SEAL 6,948 TURF PARADISE ST FOXPOINT CT GOLD SPIRIT ST TYPE II SLURRY SEAL 8,365 TURF PARADISE ST PLAYFAIR WAY FOXPOINT CT TYPE II SLURRY SEAL 11,317 TURF PARADISE ST END PLAYFAIR WAY TYPE II SLURRY SEAL 11,692 TURTLE MOUNTAIN CIR REDWOOD VALLEY RD END TYPE II SLURRY SEAL 16,242 VALENCIA ST HOLLAND CT MCINTOSH CT TYPE II SLURRY SEAL 6,497 VALENCIA ST MCINTOSH CT EARLY CRIMSON ST TYPE II SLURRY SEAL 5,596 VALLEY CREEK ST 65TH ST NORTHLANDS RD TYPE II SLURRY SEAL 10,070 VIENNA DR SALINE DR N END TYPE II SLURRY SEAL 20,381
VIENNA DR SAN REMO DR SIMAS CT TYPE II SLURRY SEAL 18,422 VIENNA DR EVERT DR SALINE DR TYPE II SLURRY SEAL 8,869
VIENNA DR SIMAS CT EVERT DR TYPE II SLURRY SEAL 9,323
WAGON CREEK WAY FOREST WOOD ST COUNTRY FAIR DR TYPE II SLURRY SEAL 21,632 WAGON CREEK WAY END FOREST WOOD ST TYPE II SLURRY SEAL 12,842 WALTERS ST HELLMAN AVE SILVER SADDLE CT TYPE II SLURRY SEAL 17,216 WATERLILY CT STARFLOWER ST END TYPE II SLURRY SEAL 15,227 WATERVILLE CT END TISDALE ST TYPE II SLURRY SEAL 14,601 WHITELILY ST SNOWDROP ST ACEY ST CAPE SEAL 36,808
WHITELILY ST ACEY ST SCHOLAR WAY CAPE SEAL 7,620
WINTERBERRY WAY PINENUT PATH STARFLOWER ST TYPE II SLURRY SEAL 18,894 WINTERBERRY WAY STARFLOWER ST END TYPE II SLURRY SEAL 15,131 WISEMAN DR W END FISKE DR TYPE II SLURRY SEAL 14,456
WISEMAN DR FISKE DR LOURENCO LN TYPE II SLURRY SEAL 8,721 WOODCREST CT HARRISON AVE DEER CANYON TYPE II SLURRY SEAL 7,039 WOODCREST CT DEER CANYON END TYPE II SLURRY SEAL 11,775 WOODEN GATE WAY COTTAGE GROVE DR CANOPY LN TYPE II SLURRY SEAL 18,267 WOODEN GATE WAY END COTTAGE GROVE DR TYPE II SLURRY SEAL 5,395 WOODEN GATE WAY CANOPY LN COUNTRY FAIR DR TYPE II SLURRY SEAL 12,978 WOODLANDS ST HIGH COUNTRY CIR HUNTER RD TYPE II SLURRY SEAL 18,746 WOODLANDS ST NORTHLANDS RD HIGH COUNTRY CIR TYPE II SLURRY SEAL 18,842 WOODLANDS ST HUNTER RD NORTHLANDS RD TYPE II SLURRY SEAL 8,055 6,393,180
105

CONTRACT AGREEMENT

BETWEEN

THE CITY OF EASTVALE
AND
AMERICAN ASPHALT SOUTH, 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 American Asphalt South, Inc., a California (partnership, limited partnership, corporation, etc.) (“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 Project #94001-2023 Residential Slurry Seal Project 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: Project Specifications for the 2023 Residential Slurry Seal Project.

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 Project #94001-2023 Residential Slurry Seal Project, 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.
106
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 60 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 107
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 Two Million Eight Hundred Thirty-Seven Thousand Seven Hundred Forty Four Dollars and Forty Six Cents ($2,837,744.46) plus a 5% contingency of $141,887.22 for a total of $2,979,631.68 ("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 108
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 109
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.
110
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 111
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.
112
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 113
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. 114
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. 115
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. 116
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. 117
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 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. 118
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 American Asphalt South, Inc.
12363 Limonite Ave., Suite910 19792 El Rivino Road
Eastvale, CA 91752 Riverside, CA 92509
Attn: Jimmy Chung, City Engineer Attn: Jeff Petty - 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. 119
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.

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.

CITY OF EASTVALE AMERICAN ASPHALT SOUTH, INC.

By: _________________________ By: _________________________ Signature Signature
_________________________ _________________________
120
16 Name Name
_________________________ _________________________
Title Title
Attest: Attest:
_________________________ _________________________
City Clerk Secretary
_________________________
Classification of Contractor’s License
_________________________
Contractor’s License Number
121
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: 2023 Residential Slurry Seal Project
122
EXHIBIT "B" BID PROPOSAL
The following Bid Proposal from (Contractor’s name) are incorporated into this Contract. [INSERT BID PROPOSAL]
123
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 124
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. 125
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]
126
EXHIBIT “E” CONTRACT MODIFICATIONS
None
127
EXHIBIT “F” SUPPLEMENTAL REQUIREMENTS
[INSERT ANY OTHER FORMS/PROVISION]
128
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.

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). 130

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.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _________ day of ___________________________, 20__.
131
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). 132
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

PAVEMENT SLURRY SEAL AND RESURFACING 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. 210-510-6660-94001-0000 IN THE AMOUNT OF $748,030.00 FOR THE PAVEMENT SLURRY SEAL AND RESURFACING PROJECT.

PASSED, APPROVED AND ADOPTED this 11th day of October 2023. __________________________________________
Todd Rigby
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________________ __________________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk/Communications Director
133

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 11th day of October 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk/Communications Director
134

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.5
October 11, 2023
Award a Construc)on Contract to Onyx Paving for 2022/23 Annual Asphalt Concrete Overlay Project
Prepared By:

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

Approve the contract with Onyx Paving the lowest responsible bidder, in accordance with unit bid prices in the amount of $5,858,000.00 plus 5% con,ngency of $292,900.00 for the not to exceed total of $6,150,900 for the 2022/23 Annual Asphalt Concrete Overlay Project; and 2 .

Approve and Adopt Resolu,on 23-XX Amending the 2023-24 Fiscal Year Capital Improvement Budget for project 93018 "Annual Overlay;" and
3 .

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

Summary
The 2022/23 Annual Asphalt Concrete Overlay Project is for the construc,on of street improvements construc,on on various residen,al streets throughout the city of Eastvale (see AAachment 1 for a loca,on map of work to be done). The improvements include grinding of pavement, placement of 1-1/2" asphalt concrete, curb ramp improvements for accessibility, traﬃc loop replacement, u,lity cover adjustments, replacement and enhancement of traﬃc striping, and installa,on of landscape . These loca,ons were strategically and objec,vely selected as part of the City's Pavement Management System to have most economical impact per dollar spent. Staﬀ will coordinate with the Contractor to ensure that normal day to day disrup,ons are minimized. Proper traﬃc control and minimal signal disrup,ons will be strictly enforced. The lowest bidder is Onyx Paving Company, with a bid amount of $5,858,000.00. Staﬀ recommends 5% con,ngency of 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
135
$292,900.00 for the total amount of $6,150,900.00. See AAachment 2 for the Contract Agreement.

The Project construction documents are available in the City Engineer's office for review.

Background
Bids were adver,sed on the City’s website, planetbids.com, local newspaper, bid boards and through emails, star,ng August 16, 2023. Bids were opened on September 13, 2023 and bid results are as follows:

NAME OF BIDDER

BID AMOUNT
Onyx Paving Company, Inc.
$5,858,000.00
ATP General Engineering Contractors of Hanson
Aggregates Pacific Southwest LLC
$5,875,426.00
R.J. Noble Company
$6,116,783.50
Hardy and Harper, Inc.
$6,050,000.00
All American Asphalt
$6,194,888.00
Calmex Engineering, Inc.
$6,573,644.50

A total of six (6) responsive bids were received that ranged from $5,858,000.00 to $6,573,644.50.

The lowest bid was submiAed by Onyx Paving Company Inc in the amount of $5,858,000.00. Onyx Paving Company Inc, holds a valid Class A Contractor’s license in the State of California. Therefore, Onyx Paving Company Inc., qualifies as the lowest responsible bidder as required under state law.

Schedule: The project allows for a total of 60 working days. The project is an,cipated to start in late October and be completed in late December. The staﬀ will work with Public Informa,on Department to send out construc,on no,ces for the closures associated with the construc,on. The contractor will be required to install Portable Changeable Message Signs (PCMS) on streets sta,ng expected delays with dates and ,mes at least ﬁve working days prior to the start of the work. The contractor will also notify all residents and businesses on each street affected by the work.

Environmental
Awarding a contract is not a project and is therefore not subject to CEQA.

Strategic Plan Action - Priority Level: 2
| Target #: E
| Goal #: F
Create a walkable community.

Fiscal Impact
Total ﬁscal impact for construc,on plus 5% con,ngency is $6,150,900. Budget totaling $5,506,295 was appropriated in the ﬁscal year 2023-24 budget within the Gas Tax Fund, Road Maintenance and Rehabilitation Fund, Measure A Fund, and a Cal Recycle Grant within the Miscellaneous Grants Fund.

The bids exceeded staﬀ's project es,mate, likely due to increased asphalt costs related to escala,on within the oil market. As a result, addi,onal budget appropria,ons are required to complete the project. A budget resolu,on is necessary in the amount of $644,605 in the Measure A fund, account number 210-510-6660-93018-0000 in order to fully fund the Annual Overlay project. Approximately $1.3 million in fund balance is available to be appropriated in the Measure A fund; at this ,me the Measure A fund is anticipated to complete the fiscal year with a positive available fund balance.

The Annual Asphalt Concrete Overlay Project is part of the 2023-24 Capital Improvement Program 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
136
with the budgeted amount:

Funding
Source
Adopted
Budget
Additional
Appropriations
Total Amended
Budget
Account
Gas Tax
$1,443,000.00

$1,443,000.00
200-510-
6660-93018
Road
Maintenance
Rahab
$2,792,000.00

$2,792,000.00
205-510-
6660-93018
Measure A
$1,181,295.00
$644,605.00
$1,825,900.00
210-510-
6660-93018
Cal Recycle
$90,000.00

$90,000.00
240-510-
6660-93018
Total
$5,506,295.00

$6,150,900.00

Prior City Council/Commission Action
On June 22, 2023, the City Council approved to use the FY 2022/23 Road Repair and Accountability Act of 2017 SB 1 funds on the streets that are on this project list.

Attachment(s)
Attachment 1 - Project Locations
Attachment 2 - Contract with Onyx Paving

Attachment 3 - Onyx Paving - Proposal

Attachment 4 - Resolution 23-XX

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
137
S a n B e r n a r d i n o C o u n t y
O n t a r i o C i t y L i m i t
CHINO
Eastvale
City
Lim
it
Norco
City
Lim
it
S a n t a A n a R i v er
E a s t v a l e C i t y L i m i t
E a s t v a l e C i t y L i m i t

BARON DR
2ND ST

RIVER RD
68TH ST

BELLEGRAVE AVE
6TH ST

LIMONITE AVE LIMONITE AVE
2ND ST
5TH ST

CITRUS ST

CHANDLER ST

SCHLEISMAN RD
SUM
NER
AVE

HARRISON
AVE
65TH ST 65TH ST

ARCHIBALD
AVE

ARCHIBALD
AVE
HAM
NER
AVE
HAM
NER
AVE
I15
N
I15
N
I15
S
I15
S
I15
S

LIMONITE AVE

RIVERBLUFFSLN

HARRISON AVE

BELLEGRAVE AVE
65TH ST

OAKDALE ST
68TH ST

AMBERHILL AVE

NATOMAST

BECKETTFIELD
LN

HEALYLAKE ST

HAVENSIDE CT

LYRA RD

MISSISSIPPI DR

BELLATRIX DR
58TH ST

IRISBEND AVE

STONY RIVER CIR
FIELDM
ASTER

ESTRELLAST

FRONTERA WAY

CHESTERFIELD
CT

HOMECOM
ING
CIR

FOUNTAI N DR

BLOSSOM WAY
COPPER
SKY

CONSTELLATION ST
LIVE
OAK
DR

SAGE BRUSH CIR
RO
YALW
OODS
CIR

DUSK LN

LARKDALE
CIR

PLANETARY RD

NUFFIELD CT

MONTEREY CIR

ROSEBUDDR

HEREFORD LN

LIMONITE AVE

SNOW BUNTING
CT

BAYSIDE CT

PLUMERIA CT

SENDERO AVE
M

OON SHADO
W
CT

RYLEE DR

CIELO CT

TANCY CT

CASCADE CT

GOLDFINCH CIR

FALLING RIVER CT

NASSAU CT
M

OUNTAIN
VIEW
CIR

BLAISDELL CT

COCO CT

LUCKY CT

BANYON TREE CT

KITE CT

CHAPARRALDR

PRAIRIE CIR

BENELLI CT

KOA WOOD CT

MAPLEWOOD CT

FALLINGSTAR CT

BURRAGE ST

TOMMY CT

CLEAR WATER CIR

CARNIVAL CT

BASSET CT

SALERS CT

MYSTIC CLOUD CT

HIGH COUNTRY
CIR

PEACHTREE
DR

CASPIAN CT

DUTCH CT

CALLA LILY CIR

WOODEN GATE WAY

SPANIEL CT

SAMILIN CIR

ARBORCIR
M

AYFIELD ST

SUGARCREEK CIR
HAZELW
OOD
DR

CORVALISCT

TROUTMAN CIR

IVYWOOD CT

BRACE ST

BEVERLY HILLS CT

FINISH DRAFT CT

SILVERTON CIR
NOBURY
CT

MAYFAIRCIR
M

ONTECITO LN

CECILLE CIR

CHEJU CIR

BLOSSOM WAY

BRETON CT

CHAROLAIS
CT

LONGLEAF CT

STANDARDBRED
CIR

CENTAURUS DR

LONETREE CT

DANCY ST

BAY BRIDGE RD

EARLY CRIMSON ST

CALEDONIA CT

LEMAITRE DR

LICHEN DR

TERRAPIN WAY

SHADY DR

WHITE HORSE CT

HIGHBURY W
AY
TAW
NY OW
L CT

BLACKMOOR CT

ORINDA DR

GOLDENEAGLECT

APRICOT TREE LN

GLADIOLAST

ADAGIO CT
BERRY
CREEK
ST

ASHCROFT CIR

ALEXIS CIR

ORION CT

FRENCHTROTTER DR

HALL AVE

MARYLAND AVE

PEACOCK CT

PICTOR CT

VOLANS CT

ELK RIDGECT

EDGE MONT
DR

KNIGHTSBRIDGE CT

FLINT CIR

COUNTRY FAIR DR

PELICAN PEAK CT

OATFIELD AVE

MIRADA CT

GLEN ECHO CT

SILVERLAKES CT

STOCKTONDR
W

ELLS SPRINGS ST
FINCH
ST
HERTZ
PL
BEACHW
OOD
DR

TONY CT

OAKVALE CIR

BLUE SKY CT

PUMICE CTBLUESTONE CT

RAMBLEWOOD CT

BUTTERWOOD CT

MOUNTAIN BREEZE CT
TALLOW

TREE CIR

BERRYHILL
DR

SWAN LAKE MOBILE HOME PARK

RUBY CT

SHORTHORNE DR
BADGER
LN

SPRINGVALE CT

SEAVERCT

KENAI CT
SLATE
CREEK
RD

WOODSHIRE GLEN
CT

SHELBURNE CT

EVENING SUN CT

STARDUST CT
M
O
RN
ING
DAW
N CT

ESTRELLA CT
LARRY
DEAN
ST

RIMMON RD

SADDLEBRED CT

CADENZA DR
BUSHM

ASTER ST

PLEASANT HILL CIR

MONTE VISTA CT

ROSEWOOD CIR
COPPER
SKY
M

ICAH ST

AVEN CT

GREAT FALLS ST

CAMBRIA
DR

OAK TREE LN

CAMP ROCK ST

ELLIS PARK TRL

TRADING POST CT

CALITERRA
CT
PALM
CIR
M

OONRIVER ST

CABELA ST

ROLLING MEADOW ST

GANNET ST

GROUSE ST

KASSELL RD

CAVALRY CIR
W

HIMBREL DR
MORAB
ST
GOLD
DUST
ST

PIONEER CT

OSPREY ST

HIDDEN RIVER

ALMOND GROVE CT

BLUE RIVER CT
CO
BBLE
LN

LAKEV I EW
CIR

POST ST

GREENWARD CT

ONYX CT

BAYRIDGE ST

MAYCRESTAVE

PRAIRIE
MEADOW
RD

DELLBROOK ST
SWAN

LAKEMOBILE HOME PARK
RAPIDS
DR

STAR RUBY AVE

KING ARTHUR
DR

BAY CIR

BITTERCRESS WAY

GRAND RIVER CIR

GATHERING PL

CALF ST

SHADY TREE ST

FESTIVE DR

LAUREL DR

OAK LEAF DR

BOXWOOD
DR

TRAIL RIDERS W
AY

MERIDIAN CT

GALE LN

HEATHGROVE DR

CALINA LN

JADE CT

KENSINGTON CT

LANDERWOODDR
OAK

CREST CIR

ESTONIAN
DR

WOODCREST CT

GOLD SPIRIT ST
M

ARIGOLD ST

PEACHBLOSSOM ST

DIAMOND
BACK
RD

MERRY MEADOWSDR
HOLLIS
ST

CEDAR CREEK RD

EXCALIBUR
DR

LOGSDON DR
W
AKE

FORESTDR

ORANGEVALE AVE

IVY GLEN DR

LONGBRANCH ST

VALENCIA
ST

TARAH ST

STONEBROOK CT

BLUE ROCK CT

SOARING
BIRD
CT

HUNTERVALE DR

JUBILEE PL

LARGODR

NILE WAY
GOLDY
ST
HARM
ONY
DR

CEDAR CREEK RD

WALNUTGROVEAVE

RISINGSTAR DR

MUSTANG WAY

ORANGE ST

WEEPING WILLOW CT

TISDALEST
BADM
INTO
N
ST

WHITELILY ST

GOLDEN BIT ST

FIELDSTREAM
CT

FOUNTAINBROOK
LN

GOLDEN DR

ODYSSEY WAY

ALVARADO LN

GLAZIER LN

EDGEWOOD DR
NO

RTHVIEW
ST

PRAIRIE ROSE LN

LITTLE RIVER RD

OUTBACK WAY

BALTIMORE ST

ASPEN LEAF LN

FOXTROT WAY
SUM

NER AVE

CROSSFIRE CT

SUNNY SPRING
S ST

ROBINBROOK CT
BLUFF
VIEW
LN
MEADOW
S
W
AY
FARM
ALL W
AY

NORTHFORK DR

SHOREHAM
ST

SHADYSIDE
W
AY

DELICIOUS W
AY

THORNBURY LN

BYXBEE CT

AGATE CT
GR

AND PRAIRIE TRL
RO
SEW
O
O
D CIR
RETAM
A ST

QUAIL RUN RD
W

ATERLINE
RD

QUARTER HORSE DR

RIO BRAVO AV
E

STARFLOWER ST
AM
BER
DR

PHEASANT KNOLL RD

WALTERS ST
INDIAN
CANYON
CIR
CEDANO
LN

FULLERRANCH
RD

PRAIRIE SMOKE RD

LUNA ST

ORCHID DR

COLEMAN CT

OLMSTEAD ST

COTTAGE
GROVE
DR

KALY CT

SIENNA PL

ITHICA DR

GULFSTREAM CT

FALLSGROVE DR

EDINBURGH RD

CAXTON ST

ANJOU ST

ALTFILLISCHCT
GRANJA
VISTA
DEL
RIO

DORSETT GOLDEN ST
COYOTE
TRAIL
LN

SUMTER ST

NIGHTINGALE CT

STILLBRO
OK
W
AY

MALLORY CT
IRON

HORSELN
M

ADDOX CT
W

OLFHOUND ST

PINTAIL LOOP

MORNING
HILLS
DR
TIG
ARD
LN

CAYUGA W
AY
CORONA

VALLEYAVE

HEISLER ST

STERN CT

SANDHILL CRANE RD

GOOSE ST

FALL CREEK DR

EVERGLADES ST

L A PRADERA WAY
HILL

GROVEST

PORT ARTHUR DR

FOXPOINT
CT
BENGAL
WAY

BLOSSOM WAY
M

ULAN ST

CONCERTO DR

NARCISSE
DR

PRIMROSE RD

BLUE RIBBON LN

SETTLERS

RIDGECT

REDWOOD VALLEY RD

HONEY B
RO
O
K
CT

STRATUS CT

CHANNEL CT

VILLAGE DR

COLDBROOK CIR
HAM

NER AVE

SIMAS CT

MEADOWVALE ST

BLUEBELL
ST

TERP CT

BLUE CRAB CT

JERSEY ST

LANCELO
T
DR
NO

RTHLANDS RD

FLAGSTAFF DR

LEIGHTON
DR

ALDERGATEDR
GYPSUM
CREEK
DR
HO

LLYHEATH CT
W
HITEW
ELL RD

FIELDMASTER ST

FAIRLANE AVE
GR
O

UND IVY CT

HIDDEN WATER RD

TABLE BLUFF CIR

BALLAD DR
PEACH
AVE
W
HITE

CLOVER WAY

CANTERW
O
O
D CT

CEDAR GROVE CT

ROUNDWOOD DR

RETRIEVER ST

SELBY AVE
VALLEY
CREEK
ST

ORTEGA CT
CLEM
SON
DR
DOVE
VALLEY
W
AY

ANNA CT
W

ILD LUPINE RD

RUNYON DR

HARVEST VALLEY AVE

CABRILLO
WAY

SYMPHONY DR

ANZA VISTA CT
ASHW
ELL CT

LEILANI CT

FAIRCHILD DR

ANNANDALEPL

BRIDGEWATER DR LIVEOAKDR

HEISLER ST
RONDO
DR

DEL REY CT

SWAN LAKE AVE

BEECHWOOD CT

EVERGREEN DR

SERENADEDR
RAE CT
HOOPER
BAY
RD

LINDSEY CT

CANDRA DR

ALDERWOOD AVE

ROSELAICT

VILLA RO
SA CT
COBBLE
CREEK
DR

PLAYFAIRW
AY

GOLD CREEK DR

BECKER DR
SW
IFTW
ATER
CT
HOP
CLOVER
RD

GOLDEN NECTAR CT

FOXHOLLOW CIR

PIMLICO
PL

SOLEIL DR

KENTON PL

ENCLAVEDR

HAWTHORNE AVE

PATTISONST
ELM
GROVE
AVE
W

ILDFLOWER
CT
MULAN
ST

CHLOECT

WIND CHIME PL
ELIAS
ST

MONET DR

EASTVALEPKW
Y

THERESA ST

CATTLEMAN
DR

THOROUGHBRED CT

OPERA CT

LOURENCO LN
EMM
ERDALE
ST

CAROLINAS
LN

BRAMBLE ST

GREENRIVER DRM

OONFLOW
ER
DR
M
C
KENZIE
CT

ACEY ST
LEANNE
ST

PIAZZA CT

KIWI AVE

LINNEA ST
ANGUS
ST

TREASURE
DR
OLD
PEAK
LN
ROSEW
OOD W
AY

HIDDEN VALLEY ST

PEACH GROVE LN

CORTLAND ST

WOODLANDS ST

COOL SPRINGS ST

LILYROSE STBEAVER CREEK DR

FESTIVAL
W
AY

OLITE DR

HAZELNUT DR

GLORY DR
BAY ST

BURBANK RD
ALPINE
ST

COFFEEBERRY DR

STAFFORD ST

CRIPPLE CREEK
DR

SNOWDROP ST

NUT GROVE AVE

KOURTNEY CT

NICOLE CT

PRAIRIE ISLAND CIR PARKWOOD AVE
STONE
BROOK
DR

RIO LOBO CIR

LONSDALE
CT

STONEGATE DR
M

AGGIE LN

FOOTHILL DR

JACK LN

DANDELION ST

FUJI ST

ANGELINE
FALLS
W
AY
W
HITE M

ESA CIR
W

ESTERLY W
AY

SPINDLEW
OOD DR

LAURELWOODAVE

MANDEVILLE CT

ROCKROSE CT CANYON CREST
W

OODPIGEON
RD

SUNGOLD AVE
PINEW
OOD CT

DEER CANYON

LIMESTONE LN
RED
G
OLD
ST

DESI LN
VALLEY
M
EADO
W
AVE

LONGHORNEDR
JASPER
DR
W

HISPERW
IND DR
PEAR
AVE

PROSPECTOR CT

MURWOOD

COOL MEADOW DR

BLACK HORSE ST

MEADOWBROOK LN

CLORIS ST

BRIAR ST

NORWEGIAN ST

HUNGARIAN ST

SUNNY BROOK LN

MUSTANG ST

PADDLEW

HEEL DR

ELDERBERRY
AVE

LEMON VALLEY
AVE

SILVERW
OOD DR

CAMPOLINA DR

CARNATION ST

BRIGHT WATER CIR

TURF PARADISE ST
W

ILD ROSE DR

EAGLE RIVER RD
O
SAG
E
RIVER
CT

LUCITE DR
RIVER
DO
W
NS DR
GOLDEN
CLUB
DR

ANNIKA W
AY

MAISEY CT
HARROW
ST
PARK
CIR

EXCELSIOR
DR

RIVER BANK LN

THISTLEDOW
N ST

LYONNAIS ST
M
APLE
GLEN
DR

ROLLING STREAM PL

PAINTED CANYONDR
JAM
ESTOW
N AVE

ASTERLEAF LN

WIND RIVER RD

PINENUT PATH

BITTERSWEET LN

PROMONTORY LN

SILAS PHELPS DR

ARCADIA
ST

CATALINA ST
KING

SLEY CT

BASHKIR ST

LANDINGCT
CLEM

ENTINE DR

AGOURA ST
GAM
EBIRD
ST

EASTERNSHORE DR

RICK LN

AVENLY GLEN WAY
PEBBLE
CREEK
DR

CYPRESS DR

SUGARLOAF DR

ROARING CREEK CIR

BLACKBIRD LN

SERENITY
FALLS
RD

GOLDENROD DR

REDHAVEN
ST
M
EEKER
DR

ALDER DR

GARDENIACT

FALCON RIDGE RD

WISEMANDR

LOST HORSE RD

CAIRO CT

RAINIER AVE
W

INCHESTER CIR

WOODSIDE ST

JIMSONCT

EMMERGLEN WAY

WALTERS ST

CARROLLTON PL
CANOPY
LN

VERNAZZA
PL

NECTARINE AVE

BRIDAL TRAIL CIR

SONGSPARROW RD
W

OODRUSH W
AY

BRIDGE ST

BODINEWAY

SCHOLAR W
AY

HOLLOWBROOK WAY

TIBURON
DR
TOM
SAW
YER W
AY

SHORTHORN DR

SCOUT RANCH RD
TANG
ER LN
M
AX W
AY

RIVERRUN
CT

EMPIRE CT
PETER
W
ILKS
CT

HUDSON RIVER DR

BODEGA CT
YUM

A TERRACE CT

COLEBROOK DR

DALEBROOK DR

WHISPERING HILLS DR
DELAW

ARE RIVER DR
LARSEN
BAY
ST

VIENNA DR

DEER CREEK DR

BURBANK RD

SANSOME CT

TRACEY WAY

ALTAIR CT

PRESIDIO
RD
SEQ
UIN CT

BOULDER
CREEK
DR

NORDLAND DR

APPLE GROVE CT

FEATHER DR

BABBLING BROOK WAY

STOCKTONDR

RIVER RD

HIGHLAND
DR
HELLM
AN AVE

VERONA PL

CLEVELAN

D BAY CT

CACTUS FLOWER ST

RIO GRANDE DR

RIVERGLEN
CT

JASPER LOOP

VIVA DR

IBIS DR
STAM

PEDE ST
W

OODGLEN LN
FOW
LER LN

LAVONDA ST

TOPEKA CT

MCINTOSH CT

KAYAK ST
M

ACKINAW
CT

CAMPFIRE PL

EASTER BAY DR

KERN RIVER DR

DEARBORN ST

PRELUDE ST
REDOAK
DR
TOURM
ALINE
DR
CITRUS

VALLEYAVE

SLEEPY CREEK DR

SERENITY
ST
LOW
ER
CREEK
ST
FERN
CT

FOREST WIN D ST

ARCTICFOXAVE

HOLLAND CT
PINEG
ROVE
PL
TARPAN
CT
W

OOD CANYON CT

ASHFORD M
ILL CT

CREEKSANDCT

SAN REMODR

RIVERBOAT DR

BETHANY CT

WANDERING RILL CT

GRAY HAW K CT

SYDNEY CT

COYOTE VALLEY ST

PERKINS CT

CANTERCOVECT

NORIC CIR

ELLA DR

GREENBELT RD

CASABLANCA CT
M
ARK TW
AIN CT

JANTINA CT

POPPY VIEW CT
PARK
CIR
ROSINE
DR

BRANT CT
A ST

KRISTI LYNN CT

FAIRLANECIR
EG

YPTIAN CT
ROSE M

ARIE LN
LIM
ONIUM
LN

SPRINGCREST
ST

ARCHIBALD AVE

SPRINGWATER LN

BELYNN CT

BLUEFIELD CT

SMITH RIVER RD

MAYBERRY CIR

CORNFLOW
ER CT

CITRUS ST

ASPEN GROVE RD

RUNNING DEER CI R

CURRENT DR
PLUM
AVE

SPRUCE GROVE CT

EAGLEBLUFF LN
JAKE W
AY

BLUE ASH CT
CHERRY
CREEK
CIR

HEATHER LEE ST

JANELLE CIR

BLACKHAWK RD
HAZEL
ST

CRESCENDO
CT
FALL W
AY

LARKSPUR
AVE

RIVERGLEN DR

PRAIRIECREEK PL

REPOSACT

ALEXANDRIA AVE

FLEUVE CIR

SHINKLE DR

VANDEWATER
ST

STRATUS ST
DELAW
ARE
PARK
CT

SORRELLN

GINGER DR

PINE GROVE LN
W

HITE OW
L CT

RIVERBOAT DR

LAKESHOREST

MILANA DR

RICO CT

GINKO CT
AGUA

CLARACIR

FREESIA CT

BRASS RING LN
E
LK

GROVE DR
KAW
EAH CT
ANG

ELS CAM
P CT

PERRY ANN CIR

DOLLY CT

LAUREL CT

SHALLOW BROOK CT

COLDWATER CT

CHARIOT RD

SADDLE CIR

EAST CREEK CT

HENRY ST

EMERALD CANYONCT

PARK CITY DR
BRO

OKSHIRECT

TWIN CREEK CT
LAS
BRISAS
CT

SILVER SADDLE CT

BRUSH CREEK CT
G
ING
ERW
OOD CT
M
OO
NFLO
W
ER
CT

HEATHERWOOD DR

RIVER DOWNS ST
RUBY
GIANT
CT

SOFTWOOD CT

MOSSWOOD CT

TALASI DR

CRIO LLA CIR

BERTS WAY

CANTATA DR

ALDER BROOK LN
S
AGE
W
REN
CT
CASA
DE
M
ARIA
CT

MILTON ST

STILLBROOK W
AY

BARNETT LN

PAUL ST

ROCK ROSE CT

OLDGROVE CIR
LOST
RIVER
RD
M

IDNIGHT
ROSE
CIR

WAGON CREEK WAY

SUNRISECIR
W

HIPPET ST

BLACK FOREST DR

TENNESSEE
RIVER
CT
FISKE
DR

ELYSIAN
CT

AQUILA WAY

QUARRYCREEKCT

ALPACACT

RUBY CANYON DR

RIVERBOAT DR

MERIDIAN ST
M
USK

MALLOWCT
ARM
OUR
CIR
M
ORNING
M
IST
DR
RO
YAL
DIAM
OND
CT
W

ESTCLIFF
W
AY

CHAMPION WAY

CRAIGBURN CIR

ALEXANDRIA AVE
SPICEW
O
O
D CIR

JAMBOREE DR
ELYSSE
ST

ROWEN CT

FLORENCE ST

REBECCA RYAN CT
JAM
ES
RIVER
DR

HUNTERS RUN CT

BALDEAGLEDR
RAFT
CIR
IVY
SPRING
S
CT

SKOKORAT CT

TERRITORY
LN

THISTLE
ST

MARBLEWAY
ERICA
CT

GRAPEWINST

SCHLEISMAN RD

FARMBOROUGHCT
SW
ISS CT

AUTUMNCREEKCT

TRINITY DR

WATERVILLECT

RIVER RD

DEW DROP CT

SNAPDRAGON ST

CHANDLER ST

PERSIMMON CT
BARW
ICK
CT
M

ADERA CT

PLUMMER CREEK
CT

CANOE DR

HOLLYWOOD AVE

SILENT STREAM CT
ROSS
ST

FABIOLA LN

COLUMBIA LN

SALINE DR

COMFORT COVE LN

RIVERTRAILS DR

BISONCT

ESTANCIALN

ORCHARD DR

RASPBERRY CT
W

ATERLILY CT
SW

EET CLO
VER CT
W

INTERBERRY W
AY

COLONIAL
DOW
NS
ST

ROCKCANYON CT

OOSTEN FARMS RD

DEERPATH CIR

POINTER LOOP

OAKHURST
ST

DAIRY ST
SW

AN CREEK DR

KAMELIA ST

BREEZE LN

ANDARAVIDA
RD
W

INDFLOWERCT
COLLEG

E PARK DR
DAPHNE
ST

BURRINGTON ST
DEL
MARCIR

CLEVELAND AVE
HOM

ECOMING DR

CLEAR CANYON
CT
FOURW
INDS
CT

LEGATO CT

TURTLE M

OUNTAIN CIR

EAGLE NEST CT

EVERT DR
G

ERTRUDIS CT
M

ASSYHARRI S WAY
HEAR

T HSTO N
E
CIR

GLOVER CT

STAR GAZER CT

HAIDER CT

KNOWLWOOD CT

IRIS CT
POM

EGRANATE CT

LAVENDER ST

LOWELL ST

CASTLE RD
W

ILD LILAC CT

GOLDCRES T LN

ROCK CREEK CT

GREY HERON CT

LOKAI CT

HALL AVE
RIVER
RD

BRISTOL BAY CIR

SAGEMONT CT
M
O
ON FLO
W
ER DR
BLUE M
IST CT

DRAKE DR

MEADOWSWEETDR
RED

CARDINALCT
BULL

THISTLE
CT

TIGER HORSE CIR

FRANKLIN LN

EL DORADO DR
BRAM
A ST

BARON DR

GRAYLING DR
TW
INSPUR
CT
KISOCT

DAFFODIL CT

LILAC CT

BRYSON AVE

LOTUS ST
LEM
ON G

RASS AVE

WARM CREEK CT
CARICT

ROSEBAY
CT

STARFLOWER CT
POTTER
VALLEY
DR

VERNAL SPRING CT

SHADY KNOLL DR

RYAN LN

JEANNIE ANN CIR

FERN CRE EK
CT

DEEPWATER BEND RD

BRIANHEAD
DR

PANTANERIO
DR

APPLEMOSS CT

POTTER CREEK DR

SILVERW
EED
W
AY

SADDLETREE
CT
LOST
FORT
PL

SCHOLAR W
AY

SCHLEISMAN RD

HUNTER RD

SAN ALISO CT
LA
M
ESA
ST
GRE E
N
GRASS
CT

CELEBRATION DR

HAVENHURST ST
BRANCH
CT

SEASIDE
ST

LOS ROBLES CT
SAND
DUNES
ST

ARMADILLO
DR

ANNEBURY DR
BRIGHT
GEM
CT

BLAZING STAR DR

DAYBREAK DR

PERIDOTCT

TAYLOR W
AY
M
EURICE
CIR
EM
ERALD
DOW
NSST

JARDENE ST

CORALWOODCT

DUSTYTRAIL RD

LYNDSEY ST

EDGEWOODDR

PHEASANT WAY
OHIO

RIVER DR

WOODLAND DR

BEACONSFIELD LN

ENGLISH SETTER ST

BORGES ST

SILVEIRA ST

ICELANDIC
ST

EL PRADO AVE

KAISHA ST
LAKE

SPRINGS
ST
W
HITEW

ATER ST

BUCKHART ST

LAUREL ST
W

HITHERS
W
AY
COSM
OS ST
BURROW
S
W
AY
M
EADOW
RIDGE
M
ISTY M
EADOW
RD
PASO
FINO
ST

TIGER LILY CT

BROOKTREE ST
ST A
NDING
ROCK
RD

SHEFFIELD
ST

AMBERVIEW PL

AMBERSKYWAY
DOCK
DR

SUMMIT DR
W

INDROSEAVE

NORTH SHORE DR

LIMONITE AVE
I 15
I 15

KENDRA LN

BRAYTON AVE

PROVIDENCE WAY
I15
I 15

MONTEREY
CIR

VILLAGE
DR
Mill Creek
Cucam
onga Creek

DAIRYLAND
PARK
MCCUNE
FAMILY
PARK
RIVER
TRAILS
PARK
HARADA

HERITAGE
PARK

ORCHARD
PARK

VERNOLA PARK
JAMES

C HUBER
PARK
RIVER

WALK PARK

HARMONY PARK

LIMONITE

MEADOWS
PARK
CEDAR

CREEK PARK
PACER
PARK

SILVERLAKES
PARK

CAMBRIA PARK
CLARK
PARK

SUNDANCE PARK

FAIRVIEW PARK

MOUNTAIN

VIEW PARK

MOON RIVER
PARK

PROVIDENCE

RANCH PARK
KIPS
KORNER
PARK
TED
BROOKS
PARK

DELAWARE

GREENBELT PARK

HALF MOON
PARK

DEER CREEK
PARK
NEIL
SNIPES
PARK

MAKIN/SHEARER

SPORTS COMPLEX

STAGECOACH

PARK FUTURE

AMERICAN

HEROES PARK

COMMUNITY

CENTER PARK
LAKE

NORCONIAN

SWAN LAKE

CITY OF EASTVALE
S a n B e r n a r d i n o C o u n t y
E a s t v a l e C i t y L i m i t s
HAM

NER AVERIVERSIDE DR

BELLEGRAVE AVE

CANTU-GALLEANO RANCH RD

MISSION BLVD
I 15
HAM

NER AVE
M

ILLIKEN AVE
HW
Y 60

MISSION BLVD
GOO
DM
AN W
AY

RIVERSIDE DR

BELLEGRAVE AVE

SHARP ST

MICRO DR

HARVEST DR

SAMANTHA DR

CAMBRIA DR

DAYBREAK DR

GATHERING PL

PHILADELPHIA AVE

HARMONY DR

HOMECOMING
CIR

GREYSTONE DR
HWY 60
I 15

MISSION BLVD

CONTRACT AGREEMENT

BETWEEN

THE CITY OF EASTVALE
AND
ONYX PAVING COMPANY, INC.

This Agreement for Construction Services (“Agreement”), is made and entered into this ___ day of ________, 20 __, 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 All American Asphalt, a California Corporation (“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 Project #93018-2022 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 documents and project plans for the 2022/23 Annual Asphalt Concrete Overlay Project.

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 2022/23 Annual Asphalt Concrete Overlay Project , 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.
139
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 60 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 6. CONTROL AND PAYMENT OF SUBORDINATES; CONTRACTUAL

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 140
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 FIVE MILLION EIGHT HUNDRED FIFTY EIGHT THOUSAND Dollars and ($5,858,000.00) ("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. The City, in its sole and absolute discretion, may authorize expenditures in the excess of the Total Contract Price without further City Council approval provided such expenditures do not cumulatively exceed an amount equal to five percent (5%) of the Total Contract Price. Any such additional expenditures must be approved by the acting City Manager in writing before they be incurred.

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 141
4 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 (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 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, 142
5 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 damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause.

SECTION 19. CONTRACT INTERPRETATION
Should any question arise regarding the meaning or import of any of the provisions of this Contract 143
6 or written or oral instructions from City, the matter shall be referred to City's Representative, whose decision shall be binding upon Contractor.

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 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 144
7 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 insurance:

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.

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.
145
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 146
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. 147
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.

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. 148
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.

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. 149
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.

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 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. 150
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.

The federal minimum wage rates are available directly from the Department of Labor Website at:
http://www.wdol.gov/wdol/scafiles/davisbacon/ca.html, and they will be included in this Agreement as Exhibit “F.” Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

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.
151
14 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.

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.

CITY CONTRACTOR
City of Eastvale Onyx Paving Company
12363 Limonite Ave., Suite910 2890 E. La Cresta Avenue
Eastvale, CA 91752 Anaheim, CA 92806
Attn: Jimmy Chung, City Engineer Attn: Corey R. Kirschner 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 “G”, 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. 152
15 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.

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.

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. 153
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.

CITY OF EASTVALE ONYX PAVING COMPANY, INC.

By: _________________________ By: _________________________ Signature Signature
_________________________ _________________________
Name Name
_________________________ _________________________
Title Title
Attest: Attest:
_________________________ _________________________
City Clerk Secretary
_________________________
Classification of Contractor’s License
_________________________
Contractor’s License Number
154
17 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 the project plans described below, including any addenda thereto, the contract annexed hereto, and also in conformance with the Riverside County Road Improvement Standards and Specifications, dated December 20, 2007 (herein referred to as the Standard Construction Specifications), California Department of Transportation Standard Plans, dated 2010, the Standard Specifications, dated 2015 (herein referred to as the State Standard Specifications), 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:
“2022 Annual Asphalt Concrete Overlay Project”
“Project #93018-2022”
155
18 EXHIBIT "B" BID PROPOSAL
The following Bid Proposal from (Contractor’s name) are incorporated into this Contract. [INSERT BID PROPOSAL]
156
19 EXHIBIT "C" SPECIAL CONDITIONS
Standard Erosion and Sediment Control Plan Notes:

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.

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.

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 157
20 and necessary, including by not limited to watering, application of chemical dust 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.

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

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. 158
21 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]
159
22 EXHIBIT “E” CONTRACT MODIFICATIONS
None
160
23 EXHIBIT “F” SUPPLEMENTAL REQUIREMENTS
[INSERT ANY OTHER FORMS/PROVISION]
None
161
24 FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:

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.
162
25 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 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.

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.

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. 164
27 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.

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

ANNUAL OVERLAY 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. 210-510-6660-93018-0000 IN THE AMOUNT OF $644,605.00 FOR THE ANNUAL OVERLAY PROJECT.

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE ) §

CITY OF EASTVALE )

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk/Communications Director
226

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.6
October 11, 2023
Approval of Professional Services Agreement with GeoCon West Inc. for the Geotechnical Inves.ga.on of Se/lements along Limonite Avenue between Scholar Way and Hamner Avenue
Prepared By:

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

Approve the Professional Services Agreement with Geocon West Inc. (Geocon) in the amount of $32,655 plus 10% con0ngency for a total not-to-exceed amount of $35,920.50 for the geotechnical inves0ga0on of se4lements along Limonite Avenue between Scholar Way and Hamner Avenue and;
2 .

Approve and Adopt Resolu0on 23-XX Amending the 2023-24 Fiscal Year Opera0ng Budget for Geotechnical Investigation on Limonite Avenue and;
3 .

Authorize the City Manager to execute all necessary documents.

Summary
Sinkholes and large open voids began to appear along the side of the road on westbound Limonite in February of 2017 near "Manhole 4" in the as-built sewer plans. Five open voids or se4lement areas appeared in January 2019 between a storm drain inlet and "Manhole 3". Jurupa Community Services District (JCSD) backﬁlled those voids/depressions with Class II Base. Three addi0onal sinkholes appeared in January of 2022 west of "Manhole 4". The City ﬁlled those voids with aggregate slurry. Currently, an approximately 4- foot-deep void is present extending beneath the pavement in Limonite Avenue west of "Manhole 4".
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
227
Subsurface tes0ng and inves0ga0on by licensed geotechnical engineer is required to determine the cause, if addi0onal subsurface voids are present along this por0on of the sewer main, and the current compac0on characteris0cs of the sewer main backﬁll to see if they meet the required 90 percent relative compaction that was required when the sewer main was installed.

Background
The Cloverdale Road/Hamner Avenue Trunk Sewer Phase 1 project was constructed by JCSD in 2002 with geotechnical observa0on and tes0ng provided by Converse Consultants. The report of observa0on and tes0ng during construc0on was not available for our review at the 0me of this staﬀ report. The sewer is a 15-inch-diameter vitriﬁed clay pipe placed 20 to 22 feet below exis0ng ground surface with fall to the west. The plans indicate the pipe was bedded and shaded in accordance with JCSD Standard Detail S-1 which calls for “crushed rock per speciﬁca0ons” or “backﬁll per speciﬁca0on” but does not provide a material name or grada0on for those terms, nor does it refer to another specification for a definition of those materials.

Environmental
Pursuant to Sec0on 15378 of the CEQA Guidelines, the item is not considered a project, thus, no environmental review is required.

Strategic Plan Action - Priority Level: 1
| Target #: E
| Goal #: A
The proposed contract contribute to the development of Downtown Eastvale, which can signiﬁcantly a4ract businesses and retailers to establish their presence in the City and create a “Des0na0on Eastvale” with high-quality and unique businesses Develop and Construct Civic Center; and Construct a Police Substation building.

Fiscal Impact
The total fiscal impact for the contract is $35,920.50.

A budget resolution is necessary in the amount
of $36,000 in the Gas Tax fund, account number
200-510-6490
in order to cover the full cost of the
professional services agreement
. Fund balance is available to be appropriated in the Gas Tax fund and the fund is an0cipated to complete the 2023-24 ﬁscal year with a posi0ve available fund balance.

Prior City Council/Commission Action
There is no prior City Council/Commission Action on this item.

Attachment(s)
Attachment 1 - Professional Services Agreement

Attachment 2 - Geocon Proposal

Attachment 3 - Budget Resolution 23-XX

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
228
- 1 -

AGREEMENT FOR SERVICES
[Geotechnical Investigation]
This Agreement for Services (“Agreement”) is entered into as of this ____ day of October, 2023 by and between the City of Eastvale, a municipal corporation (“City”) and Geocon West, Inc., a California Corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

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

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

SECTION 1. TERM OF AGREEMENT.

Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is for three (3) months commencing on the date first ascribed above.

SECTION 2. SCOPE OF SERVICES.

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

SECTION 3. ADDITIONAL SERVICES.

Contractor shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
229
- 2 -
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 thirty two thousand six hundred fifty five dollars ($32,655.00), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. (b) Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. (d) Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

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

All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this 230
- 3 -
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.

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 231
- 4 -
upon, such documents and records shall be made available at Contractor’s address indicated for receipt of notices in this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Contractor’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives.

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

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

SECTION 9. STANDARD OF PERFORMANCE.

Contractor represents 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. 232
- 5 -
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

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

SECTION 12. NONDISCRIMINATION.

SECTION 13. UNAUTHORIZED ALIENS.

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 233
- 6 -
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 234
- 7 -
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.
235
- 8 -
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, 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” 236
- 9 -
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: Community Development Director
12363 Limonite Ave., Suite 910
Eastvale, CA 91752
237
- 10 -
To Contractor: Geocon West, Inc.

Attn: Lisa Battiato, Regional Manager
41571 Corning Pla, #101
Murrieta, CA 92562
With a copy to:

Geocon West, Inc.

Attn: Jelisa Adams, Vice President
2807 McGaw Avenue
Irvine, CA 92614
Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. AUTHORITY TO EXECUTE.

SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

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

SECTION 27. BINDING EFFECT.

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

SECTION 28. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if it does not exceed the amount that may be approved administratively pursuant to the Eastvale Municipal Code. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. The City’s City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City’s rights under this Agreement. All other amendments shall be approved by the City 238
- 11 -
Council.

SECTION 29. WAIVER.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work 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" 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.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
[SIGNATURES ON FOLLOWING PAGE]
240
- 13 -

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

APPROVED AS TO FORM
_______________________________
Erica Vega
City Attorney
GEOCON WEST, INC.
____
Joseph J. Vettel, CEO
241
A-1
EXHIBIT "A"

SCOPE OF SERVICES
Contractor shall perform the following geotechnical investigation services to investigate the cause of sinkholes and settlement along the trunk sewer located north of Limonite Avenue (formerly Cloverdale Road), from Hamner Avenue to the west approximately 900 feet in the City of Eastvale, California.
• Hire Atlas to perform electrical resistivity testing (ERT) along the sewer main from Hamner Avenue, to approximately 900 feet to the west (where the distress has been documented) to determine if voids are currently present above and beside the sewer main. Metallic improvements interfere in the ERT work, therefore, the chain link fence along Limonite Avenue will have to be moved 60 feet north of its current location to allow Atlas to perform their work.
• Mark the boring locations and notify Underground Surface Alert of Southern California to mark any subsurface utility locations near our proposed excavation locations.

Additionally, the client should provide plans depicting the locations of all utilities in the project area.
• Hire a drilling subcontractor to excavate geotechnical boring(s) near the previous sinkholes/voids and voids detected by the ERT work. We expect the borings will be excavated to depths of 15 to 25 feet, based on location with respect to the sewer main).

Borings will be logged in accordance with USCS criteria and samples will be collected for laboratory testing. Excavations will be backfilled with native soils upon completion. We have budgeted one day for drilling with a truck mounted drill rig. • Perform laboratory testing which is anticipated to include maximum density/optimum moisture, full grain size analyses, and in situ moisture and density determinations. The final laboratory test program will depend on the soil conditions encountered during the investigation.
• Prepare a geotechnical report for the project providing the ERT test results, boring logs, a plan depicting the geologic conditions encountered, the location of voids, and boring locations, laboratory test data, an evaluation of the cause of the voids/depressions, and geotechnical recommendations for mitigation to prevent future distress along the sewer main.
242
C-1
EXHIBIT "B"

COMPENSATION
Contractor shall be compensated on a time and materials basis, with total compensation not to exceed $32,655.00. Contractor shall use the 2023 Schedule of Fees – RV23 included in their Proposal No. IE-5097 to the City dated September 22, 2023 . 243
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 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 244
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 245
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.
246
41571 Corning Place #101 ■ Murrieta, California 92562 ■ Telephone 951-304-2300 ■ geoconinc.com Proposal No. IE-5097
September 22, 2023
City of Eastvale
12363 Limonite Avenue, Suite 910
Eastvale, California 91752
Attention:

Subject:

Ms. Yurhi Choi

PROPOSAL FOR GEOTECHNICAL INVESTIGATION
CLOVERDALE ROAD/HAMNER AVENUE TRUNK SEWER PHASE 1

EASTVALE, CALIFORNIA
Ms. Choi,
In accordance with your request , Geocon West, Inc. (Geocon) is pleased to submit our proposal to perform a geotechnical investigation to investigate the cause of sinkholes and settlement along the subject trunk sewer located north of Limonite Avenue (formerly Cloverdale Road), from Hamner Avenue, to the west approximately 900 feet in the city of Eastvale, California. This proposal has been prepared based on information provided by you, the site meeting with you, Mr. Chuck Stagner, and Mr. Dennis Drop , Eastvale Inspectors, and Geocon’s experience with similar projects near the site.

PROJECT UNDERSTANDING
The Cloverdale Road/Hamner Avenue Trunk Sewer Phase 1 project was constructed by Juru pa Valley Community Services district in 2002 with geotechnical observation and testing provided by Converse Consultants. The report of observation and testing during construction was not available for our review at the time of this proposal. The sewer is a 15-inch-diameter vitrified clay pipe placed 20 to 22 feet below existing ground surface with fall to the west . The plans indicate the pipe was bedded and shaded in accordance with Jurupa Community Services District Standard Detail S-1 which calls for “crushed rock per specifications” or “backfill per specification” but does not provide a material name or gradation for those terms, nor does it refer to another specification for a definition of those materials.

We understand that sinkholes and large open voids began to appear in February of 2017 near Manhole 4 (based on plans). Five open voids or settlement areas appeared in January 2019 between a storm drain inlet and Manhole 3. We understand that Jurupa Community Services District backfilled those voids/depressions with Class II Base. Three additional sinkholes appeared in January of 2022 west of Manhole 4. The city of Eastvale filled those voids with aggregate slurry. Currently, an approximately 4- foot-deep void is present extending beneath the pavement in Limonite Avenue west of Manhole 4. We further understand that Jurupa Community Services District performed a video inspection of at least a portion of the sewer pipe, however, the date and extent of that inspection is not known at this time.

Based on the knowledge to date, we opine that the likely cause of the voids and sink holes is primarily caused by soil piping into the bedding and shading aggregate around the pipe. The subsequent settlement in 2022 is likely due to the migration of soils up gradient into the Class II Base that was used to fill the voids by Jurupa Community Services District in 2019. This process could still be occurring, creating additional voids in the subsurface, as evidenced by the void extending beneath Limonite Avenue. 247
Geocon Proposal No. IE-5097 - 2 - September 22, 2023
Therefore, Geocon has prepared this proposal to perform a two phased subsurface investigation to determine if additional subsurface voids are present along this portion of th e sewer main, and to determine the current compaction characteristics of the sewer main backfill to see if they meet the required 90 percent relative compaction that was required when the sewer main was installed.

SCOPE OF SERVICES
Based on the above discussion, our scope of services is expected to consist of:

• Hire Atlas to perform electrical resistivity testing (ERT) along the sewer main from Hamner Avenue, to approximately 900 feet to the west (where the distress has been documented) to determine if voids are currently present above and beside the sewer main. Metallic improvements interfere in the E RT work, therefore, the chain link fence along Limonite Avenue will have to be moved 60 feet north of its current location to allow Atlas to perform their work.
• Mark the boring locations and notify Underground Surface Alert of Southern California to mark any subsurface utility locations near our proposed excavation locations. Additionally, the client should provide plans depicting the locations of all utilities in the project area. • Hire a drilling subcontractor to excavate geotechnical boring(s) near the previous sinkholes/voids and voids detected by the ERT work. We expect the borings will be excavated to depths of 15 to 25 feet, based on location with respect to the sewer main). Borings will be logged in accordance with USCS criteria a nd samples will be collected for laboratory testing. Excavations will be backfilled with native soils upon completion. We have budgeted one day for drilling with a truck mounted drill rig.
• Perform laboratory testing which is anticipated to include maximum density/optimum moisture, full grain size analyses, and in situ moisture and density determinations. The final laboratory test program will depend on the soil conditions encountered during the investigation. • Prepare a geotechnical report for the project providing the ERT test results, boring logs, a plan depicting the geologic conditions encoun tered, the location of voids, and boring locations, laboratory test dat a, an evaluation of the cause of the voids/depressions, and geotechnical recommendations for mitigation to prevent future distress along the sewer main.

Assumptions:
• An encroachment permit will not be required for our work. • We will be provided with access to mar k the boring locations an d perform the fie ld work within the site.
• Our work can be performed during normal business hours of Monday through Friday 7 am to 5 pm.
• All existing subsurface utilities, wells, and septic tanks/leach lines will be clearly marked on a plan provided to us prior to our field work.
248
Geocon Proposal No. IE-5097 - 3 - September 22, 2023

SCHEDULING & COST OF SERVICES
We anticipate performing the ERT work within two weeks of the notice to proceed, depending on Atlas availability. We will perform the drilling after Atlas has provided the results of their tes ting. The drilling will take one day, laboratory testing will take two weeks with the report issued one to two weeks after laboratory test completion. Preliminary verbal conclusions and recommendations can be provided prior to issuance of our report as necessary.

We propose to perform the geotechnical investigation outlined h erein for a time and ma terials estimated fee as detailed in Table 1, below. If additional time or expenses are incurred to perform the scope of services described herein, they will be billed on a time and materials basis in accordance with the 2023 Schedule of Fees.

Table 1
Personnel Rate Qty Estimate
Electrical Resistivity Testing to Detect Voids
Coordination Project Geologist/Engineer $145.00 4 $580
ERT Testing Atlas - PW $16,600.00 1.15 $19,090
$19,670
Geotechnical Subsurface Investigation
Prefield Activities
USA Markout & Notification Sr. Staff Geologist/Engineer - PW $170.00 3 $510 Project Set Up & Scheduling Project Geologist/Engineer $145.00 2 $290 $800
Field Activities
Geotechnical Borings - 1 day
Drilling Subcontractor -Truck Mounted Rig 2R Drilling - PW $4,485.00 1 $4,485 Geotechnical Logging & Sampling Sr. Staff Geologist/Engineer - PW $170.00 10 $1,700 $6,185
Laboratory Testing Laboratory $3,000.00 1 $3,000
Geotechnical Report Preparation
Geologic Report Preparation Sr. Staff Geologist/Engineer/Drafting/WP $3,000.00 1 $3,000 ESTIMATE: $12,985
Task

The client is respons ible for accurately delineatin g the locations of all subterran ean structures and utilities as well as the l ocation of sensitive natural habitats and/or archaeological sites. At a minimum we will contact U nderground Service Alert (USA) to delineate public u tilities within the site prior to performing drilling operatio ns; however, we will not be responsible for d amage to any such lines, structures, v egetation, or arc haeological sites that are not accurately marked b y USA or shown accurately on the plans provi ded to us. Geocon will take re asonable precau tions to avoid kn own subterranean structures, and Client waives any claim against Geocon, and agrees to defend, indemnify, and hold Geocon harmless from any cl aim or l iability for inju ry or lo ss, including costs of defense, arising from damage done to subterranean structures and utilities not identified or accurately located.

The proposed scope of s ervices does not inc lude t he evaluation or identification of t he poten tial presence of hazardous materials on the site.
249
Geocon Proposal No. IE-5097 - 4 - September 22, 2023

We have assumed our wor k 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.

Some distur bance to the ground surface will occur as a resul t of accessing the desired locat ions; although we will be ca reful to limit th e extent of such occurre nces, they cannot be avoided an d this proposal does not include any costs to re-grade, re-vegetate, landscape or otherwise re pair disturbed areas.

Permit fees, if required, will be added to our invoice as a reimbursable expense.

We prepa red this proposa l with the understanding that this is a prevailing wage project ; however, Skilled and Trained Workforce Re quirements are NOT applicable. If Client should c onclude the foregoing understanding is incorrect, please so advise us in writing immediately. If failure to so advise us results in the imposition of fines, penalties, claims or damages against us, Clien t will reimburse us for all costs and expenses.

In p reparing this pr oposal, we have m ade every ef fort to anticip ate subsurface c onditions and to coordinate w ith reg ulatory agency pers onnel r egarding the scope of our investigat ion. Ho wever, regulatory agencies occasionally reque st additional exploration or c larification to assure that investigations ar e complete and fully understood by all c oncerned part ies. Should ad ditional exploration, addendum, update reports or letters beco me necessary, following the c ompletion of our report; they will be billed on a time and materials basis.

LIMITATIONS
Please carefully review th e contents of this proposal an d t he enclosed Schedule of Fees, which are incorporated into and made a part of this pr oposal. If they meet with your a pproval, please issue a n agreement or purchase order in accordance with the previously agreed to terms and conditions between the city of Eastvale and Geocon West, Inc.

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 dam ages awarded in c onnection with a claim we re c aused by or attributable to Geocon, then Geocon shall be obligated to reimburse Client for that portion of the defense costs reasonably incurred by Client w hich is attributable t o the portion of the damages cau sed by o r 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.

250
Geocon Proposal No. IE-5097 - 5 - September 22, 2023
It is mutually agreed betwe en Client a nd Geocon that a ll services afforded and wor k 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
Senior Geologist/Regional Manager
LAB:LW:hd

Attachments: 2023 SOF

251

GEOCON WEST, INC • 41571 Corning Place, Suite 101, Murrieta, A 92562 www.geoconinc.com • 951.304.2300

GEOTECHNICAL

ENVIRONMENTA L
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 ....................................................................................................................

252

- 2 -

GEOTECHNICAL

ENVIRONMENTA L
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

253

- 3 -

GEOTECHNICAL

ENVIRONMENTA L
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.

254

- 4 -

GEOTECHNICAL

ENVIRONMENTA L
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 servic es 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. 255
RESOLUTION NO. 23-XX

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

INVESTIGATION ON LIMONITE AVENUE
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 GAS TAX FUND, STREETS CONTRACT SERVICES EXPENDITURE ACCOUNT NO. 200-510-6490 IN THE AMOUNT OF $36,000.00 FOR THE GEOTECHNICAL INVESTIGATION ON LIMONITE AVENUE.

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE ) §

CITY OF EASTVALE )

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk/Communications Director
257

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.7
October 11, 2023
Approval of First Amendment to Agreement with County of Riverside Department of Animal Services for Field and Shelter Services
Prepared By:

Johnny Terfehr
Recommended Action(s)
Staff recommends that the City Council
1 .

Authorize the City Manager to approve the First Amendment to the Field and Shelter Services Agreement with the County of Riverside and;
2 .

Approve future contract extensions that do not increase the compensa$on paid by the City for the services, and;
3 .

Participation in County of Riverside World Rabies Day Clinic Services.

Summary
The City currently contracts with the Riverside County Department of Animal Services for animal control and shelter services. The contract expired on June 30, 2023.

To ensure the City con$nues its partnership with the County for animal control services, the amendment will extend the current agreement to June 2024.

In addi$on to the contractual services provided, the County annually recognizes World Rabies Day by educa$ng communi$es on rabies control and preven$on. As part of this educa$on, the County provides free clinic services for rabies vaccines and microchips. Late fees for delinquent or expired canine licenses are also waived during the World Rabies Day event. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
258

Staﬀ is recommending that the City Council approve the proposed contract amendment and authorize the City Manager to approve future contract extensions and par$cipa$on in the County’s World Rabies Day clinic services.

Background
In July 2011, the City of Eastvale entered into a contract with Riverside County Department of Animal Services for animal control and shelter services. Subsequent 3-year term agreements occurred in 2014, 2017, and 2020. The previously adopted three year agreement (adopted in January 2021) included a signiﬁcant change in contract service costs provided by the Department of Animal Services. This par$cular amendment does not change any contract services or the costs to provide those services; the amendment only extends the term of the agreement through June 30, 2024.

The current agreement commenced on July 1, 2020, and concluded on June 30, 2023. To con$nue services, the County proposes an amendment to the contract, extending the expira$on date to June 30, 2024. County animal ﬁeld and shelter services include but are not limited to proper care and treatment, impoundment, inves$ga$on of animal bites, quaran$ne, removal of deceased animals, enforcement actions, animal welfare programs, and licensing services.

During the current agreement term, the City expended an addi$onal $318,887.25 in animal service costs a>er applying approximately $368,023.19 in canine license credits. The County credits the City $10.00 per license on all canine license revenue generated by City residents. The credits are applied to County animal service costs on a monthly basis.

In addi$on to the contract amendment, the County is proposing City par$cipa$on in World Rabies Day clinic and license services. Each year, the County recognizes World Rabies Day and encourages communi$es to protect their pets with up-to-date licenses and vaccina$ons by hos$ng a day-long clinic where rabies vaccines and microchips are oﬀered at no cost to residents from par$cipa$ng ci$es. Late fees for delinquent or expired canine licenses are also waived during the event.

Par$cipa$on in the World Rabies Day services may result in the reduc$on of license credit revenue generally received. However according to the Department of Animal Services, the City of Eastvale maintains a high license compliance rate and therefore the loss in revenue is expected to be negligible. Par$cipa$on has the added value of educa$ng the Eastvale community on controlling this deadly disease.

Environmental
Not applicable.

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

Fiscal Impact
The City receives $10.00 per license on all canine license revenue generated by City residents. Each year, the County recognizes World Rabies Day by providing free clinic services and waiving late fees for delinquent and expired licenses. Par$cipa$on in the World Rabies Day services may result in the reduc$on of license credit revenue generally received. License credits received by the City are 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
259
allocated to the General Fund in account 100-000-4255. Contract expenditures are budgeted within the General Fund for ﬁscal year 2023-24 under account 100-430-6480; $350,000 in budget appropriations are available.

Prior City Council/Commission Action
On May 25, 2011 the City Council approved an agreement with the County of Riverside Department of Animal Control for shelter and field services.

On May 14, 2014 the City Council approved an agreement with the County of Riverside Department of Animal Control for shelter and field services.

On June 28, 2017, the City Council approved an agreement with the County of Riverside Department of Animal Control for shelter and field services.

On January 13, 2021, the City Council approved an agreement with the County of Riverside Department of Animal Control for shelter and field services.

Attachment(s)
Attachment 1 - County of Riverside, Department of Animal Services 07.01.2020 Agreement

Attachment 2 - First Amendment, City of Eastvale and DAS Agreement

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
260
Agreement No. 20- 004

AGREEMENT FOR ANIMAL FIELD AND SHELTER SERVICES

BETWEEN THE CITY OF EASTVALE AND THE COUNTY OF RIVERSIDE THIS AGREEMENT FOR ANIMAL FIELD AND SHELTER SERVICES (" Agreement"), is made and entered into as of July 1, 2020 (" Effective Date") by and between the CITY OF EASTVALE, a general law city, (" CITY"), and the COUNTY OF RIVERSIDE, a political subdivision of the State of California, on behalf of its Department of Animal Services COUNTY"), collectively referred to asthe "Parties" and individually as a "Party".

RECITALS
WHEREAS, CITY desires to contract with COUNTY to provide animal field and shelter servicesfor the purposeof safeguardingthe health and safetyof CITY' s populationand the health and safety of its domestic animals;
WHEREAS, CITY desiresto promote the humanetreatment of animals; WHEREAS, COUNTY hasthepersonnelandexperienceto providesuchservicesandis willing to enter into a contract with CITY for the provision of such services subject to the terms and conditions for compensation as hereinafter set forth; and NOW, THEREFORE, for and in consideration of the mutual covenants, conditions and advantages herein stated, the Parties hereto agree as follows:

SECTION I. OBLIGATIONS OF PARTIES
A. Recitals:

1. The aforementionedRecitals are true and correct and incorporatedherein by this reference.

B. County Obligations:

I. COUNTY shall provide the field and shelter services within the corporate limits of CITY as outlined and specified in Exhibit A, Scope of Animal Field Services, attached hereto and incorporated herein by this reference, and; Exhibit B, Scope of Animal ShelterServices, attachedheretoandincorporatedhereinby this reference.

C. City Obligations:

1. CITY shall reimburse COUNTY for the services performed and the expenses incurred as set forth in Section III., Compensation, and Exhibit C, Payment Provisions, attachedhereto and incorporated herein by this reference.

2. CITY shallbe responsiblefor handling, whetherdirectly or by its own legalcounsel, administrative or criminal proceedings, including and without limitation, appealsand enforcement actions, arising under the services provided in this Agreement.

COUNTY shall cooperatewith CITY in making availablesuch COUNTY animal control serviceemployeesfor suchproceedingsif necessary, for providing testimony or information.
1 MAR0 2 2021 3, 5 261
Agreement No. 20- 004

3. In order for COUNTY to provide the full scope of services to CITY under this Agreement, within six months following execution of this Agreement by both Parties, CITY shall adopt the current verbatim language of the regulations, provisions, and rates found in Riverside County Ordinance Nos. 534, 560, 630, 716, 771, and 878 (" Animal Control Ordinances"), and shall amend its CITY municipal code when COUNTY amends its Animal Control Ordinances, from time to time. COUNTY shall provide the verbatim language to the CITY that shall be adopted into CITY' s municipal codes. Notwithstanding the foregoing, CITY retains all legislative authority pertaining to the regulation of animals within its jurisdiction.

SECTION II. PERIOD OF PERFORMANCE
The Effective Date of this Agreement shall be from July 1, 2020 and shall terminate on June 30, 2023, unlessterminated earlier asprovided herein under Section VI, Termination.

SECTION III. COMPENSATION
CITY shall reimburseCOUNTY for the servicesperformed and the expensesincurred in accordancewith the terms of Exhibit C, subject to any applicable changesin the rates and fees adoptedby the Board of Supervisors of COUNTY.

SECTION IV. HOLD HARMLESSANDEMNIFICATION
A. CITY shall indemnify and hold harmless the County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, electedand appointedofficials, employees, agentsand representativesfrom any liability, claim, damageor actionwhatsoever, basedor asserteduponanyactionsof CITY, its officers, employees, subcontractors, agentsor representativesarising out of or in any way relating to this Agreement, includingbut not limited to propertydamage, bodily injury, or deathor any otherelementof any kind or naturewhatsoeverandresulting from any reasonwhatsoever arising from the negligent or willful actions by CITY, its officers, agents, employees, subcontractors, agents or representatives of this Agreement. CITY shall defend, at its sole expense, all costs and fees including but not limited to attorney fees, cost of investigation, defense and settlements or awards of all Agencies, Districts, Special Districts and Departments of the County of Riverside, their respective directors, officers, Board of Supervisors, electedand appointedofficials, employees, agentsand representativesin any such action or claim or action based upon such alleged acts or omissions.

B. With respect to any action or claim subject to indemnification herein by CITY, CITY shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle,
or compromise any such action or claim without the prior consent of COUNTY; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CITY' s indemnification to COUNTY as set forth herein. CITY' s obligation to defend, indemnify and hold harmless COUNTY shall be subjectto COUNTY havinggivenCITY written noticewithin a reasonableperiodof time of 2 262
Agreement No. 20- 004
theclaim or of thecommencementof therelatedaction, asthecasemaybe, andinformation and reasonableassistance, at CITY' s expense, for the defense or settlement thereof. CITY' s obligationhereundershallbesatisfiedwhenCITY hasprovidedto COUNTY theappropriate form of dismissalrelievingCOUNTY from anyliability for theactionor claim involved.

C. Thespecifiedinsurancelimitsrequiredin thisAgreementshallin nowaylimit theCITY's obligationsto indemnifyandholdharmlessCOUNTY hereinfrom third partyclaims.

D. COUNTY shall indemnify and hold harmlessthe CITY, its Agencies, Districts, Special DistrictsandDepartments, their respectivedirectors, officers, City Council, electedand appointedofficials, employees, agentsandrepresentativesfromanyliability, claim, damage or action whatsoever, based or asserted upon any actions of COUNTY, its officers, employees, subcontractors, agentsor representativesarising out of or in any way relating to thisAgreement, includingbutnotlimitedtopropertydamage, bodilyinjury, ordeathorany otherelementof anykind or naturewhatsoeverandresultingfrom anyreasonwhatsoever arising from the negligentor willful actionsby COUNTY, its officers, agents, employees, subcontractors, agents or representatives of this Agreement. COUNTY shall defend, at its sole expense,
all costsand fees includingbut not limited to attorneyfees, cost of investigation, defenseandsettlementsor awardsof all Agencies, Districts, SpecialDistricts andDepartmentsof theCITY, theirrespectivedirectors, officers, City Council, electedand appointedofficials, employees, agentsand representativesin any such action or claim or action based upon such alleged acts or omissions.

With respectto anyactionor claimsubjectto indemnificationhereinby COUNTY, COUNTY shall, at its solecost, havetheright to usecounselof its ownchoiceandshallhave therightto adjust, settle, or compromiseanysuchactionor claimwithoutthepriorconsent of CITY; provided, however, that any such adjustment, settlementor compromisein no manner whatsoever limits or circumscribes COUNTY' s indemnification to CITY as set forth herein. COUNTY'S obligation to defend, indemnify and hold harmlessCITY shall be subjecttoCITYhavinggivenCOUNTYwrittennoticewithinareasonableperiodof timeof theclaimorof thecommencementof therelatedaction, asthecasemaybe, andinformation and reasonableassistance, at COUNTY's expense, for the defenseor settlementthereof.

COUNTY's obligationhereundershallbesatisfiedwhenCOUNTYhasprovidedto CITY theappropriateformof dismissalrelievingCITY from anyliability for theactionor claim involved.

Thespecifiedinsurancelimitsrequiredin this Agreementshallin no way limit the COUNTY's obligationsto indemnifyandholdharmlessCITY hereinfrom thirdparty claims.

SECTION V. INSURANCE
COUNTYagreesto maintainthe followinginsurancecoverageduringthe termof this Agreement:
3 263
Agreement No. 20- 004
A. Workers' Compensation:

COUNTY shall maintain Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. The policy shall include Employers' Liability ( Coverage B) including Occupational Diseasewith limits not less than $1,000,000 per personper accident.

B. Commercial General Liability:

COUNTY shall maintain Commercial General Liability Insurance coverage for claims which may arise from or out of COUNTY' s performance of its obligations hereunder. This coverage shall have a limit of liability not less than $ 1,000,000 per occurrence combined single limit.

C. Vehicle Liability:

If vehicles or mobile equipment is used in the performance of the obligations under this Agreement, then COUNTY agrees to maintain automobile liability insurance for vehicles provided by the COUNTY for use under this Agreement. This coverage shall have a limit of liability of not less than $ 1,000, 000 combined single limit. ID D. General Insurance Provisions — All Lines:

1. Any insurance carrier providing insurance coverage hereunder shall be admitted to the Stateof California and have an A M BEST rating of not less than A: VIII ( A:8).

2. The insurance requirements contained in this Agreement may be met with a program( s) of self- insurance.

SECTION VI. TERMINATION
A. Either Party may terminate this Agreement without causeupon no earlier than six (6) months advance written notice served on the other Party stating the extent and effective date of termination.

B. If a six (6) month notice of terminationis servedon the other Party, after receiving said notice of termination, COUNTY shall stop work under this Agreement on the termination date specified in the notice of termination; and after termination, CITY shall make payment to COUNTY for performance up to the date of termination in accordance with this Agreement.

SECTION VII. FORCE MAJEURE
If either Party is unable to comply with any provision of this Agreement due to causesbeyond its reasonablecontrol, and which could not have been reasonably anticipated, such as acts of God, acts of war, civil disorders, or other similar acts, such Party shall not be held liable for such failure to comply.

SECTION VIII. AMENDMENTS
Any amendments, including but not limited to alterations, variations, or supplements, to the terms of this Agreement shall be in writing and signed by the Parties hereto, and shall have the 12 264
Agreement No. 20- 004
approval of the Board of Supervisors of COUNTY and CITY' s City Council. Any amendments will be presentedto CITY' s City Manager prior to CITY' s City Council approval.

This Agreement, including any exhibits, constitutes the entire Agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous representations, proposals, discussionsand communications, whether oral or in writing.

SECTION IX. SEVERABILITY
Each paragraphor provision of this AGREEMENT is severablefrom eachother provision, and if any provision or part thereof is declared invalid, the remaining provisions shall nevertheless remain in full force and effect.

SECTION X. RECORDS
COUNTY shall maintainandkeeprecordsof all expendituresandobligationsincurredpursuant to this Agreement and all income and fees received thereby according to generally recognized accounting principles. Such records and/or animal control operations of COUNTY shall be open to inspectionandaudit by CITY or its authorizedrepresentativeasis deemednecessaryby the CITY' s City Manager, or designated representative, upon written notice to COUNTY.

SECTION XI. NO THIRD PARTY BENEFICIARIES
This AgreementbetweenthePartiesis intendedfor themutualbenefitof thetwo signingParties only. No rightsarecreatedunderthis Agreementin favorof anythird party or anypartywho is not a direct signatory to this Agreement.

SECTION XII. NONDISCRIMINATION
COUNTY shall not discriminate in the provision of services, allocation of benefits, accommodationin facilities, or employmentof personnelonthebasisof race, ethnicity, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, marital status, sex, sexual orientation, or gender identity in the performance of this Agreement; and, to theextenttheyshallbe foundto be applicablehereto, shall comply with the provisionsof theCalifornia Fair EmploymentandHousingAct (Gov. Code 12900et. seq.), the FederalCivil Rights Act of 1964 (Pub. L. 88-352) and the Americanswith Disability Act of 1990 (42 U.S.C. 12101et seq.).

SECTION XIII. DISPUTE RESOLUTION AND VENUE
A. The Partiesshall attemptto resolveany disputesamicablyat a working level. If thatis not successful, the dispute shall be referred to the senior management of the Parties.

B. Prior to filing any legal action related to this Agreement, the Parties shall be obligated to attend a mediation session in Riverside County before a neutral third party mediator. A second mediation session shall be required if the first session is not successful. The Parties shall share the cost of the mediations.
5 265
Agreement No. 20- 004
C. This Agreement shall be governed by the laws of the State of California. Any legal action related to the performance or interpretation of this Agreement shall be filed only in the Superior Court of the State of California located in Riverside, California, and the Parties waive any and all provisions of law providing for a changeof venue to anotherlocation.

SECTION XIV. ASSIGNMENT
This Agreement shall be binding upon COUNTY and its successors. Neither this Agreement nor any part thereof nor any moneys due or to become due hereundermay be assignedby the Parties without the prior written consent of the other Party. CITY and COUNTY hereby agree to the full performance of the covenants contained herein.

SECTION XV. NOTICES
All correspondenceand notices required or contemplated by this Agreement shall be delivered to the respective Parties at the addresses set forth below and are deemed submitted two ( 2) days after their deposit in the United Statesmail, postageprepaid:

COUNTY:

Department of Animal Services
Attention: Director
6851 Van Buren Boulevard
Jurupa Valley, CA 92509
CITY:

City of Eastvale
Attention: City Manager
12363 Limonite Avenue Suite 910
Eastvale, CA 91752
SECTION XVI. CONTRACT PERFORMANCE
COUNTY' s Director of Department of Animal Services, or designated representative, shall meet as necessary to discuss contract performance with CITY' s City Manager, or designated representative.

SECTION XVII. HEADINGS
The Sectionand other headingscontainedin this Agreementare included for the purposeof convenientreferenceonly andshall not restrict, amplify, modify or otherwiseaffectin anyway the meaning or interpretation of this Agreement or the exhibits and schedules hereto.

SECTION XVIII. COUNTERPARTS
This Agreement may be executedin any number of counterparts, each of which shall be deemed anoriginal, but all of which togethershallconstituteoneandthesameAgreement, bindingon all of the Parties.

SECTION XIV. WAIVER OF BREACH, RIGHT OR REMEDY
The waiver by any Party of any breachor violation by anotherParty of any provision of this Agreement or of any right or remedy permitted the waiving Party in this Agreement (a) shall not waive or be construed to waive any subsequentbreach or violation of the same provision, ( b) shall not waive or be construedto waive a breachof violation of any otherprovision, and (c) shall be in writing and may not be presumed or inferred from any Party's conduct. Except as 0 266
Agreement No. 20- 004
expressly provided otherwise in this Agreement, no remedy conferred by this Agreement is intended to be exclusive of any other remedy, and eachand every remedy shall be in addition to every other remedy granting in this Agreement or now or hereafter existing at law or in equity, by statuteor otherwise. The election of any one or more remediesby a Party shall not constitute a waiver of the right to pursue other available remedies.

SECTION XV. INDEPENDENT CONTRACTOR
The COUNTY is acting as an independent contractor to the CITY under this Agreement. Each Party to this Agreement shall have no power to incur any debt, obligation, or liability on behalf of anotherParty to this Agreement.

SECTION XVI. COOPERATION, FURTHER ACT
The Parties shall cooperate fully with one another, and shall take any additional actsor sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

Signature Provisions on Following Page]
7 267
Agreement No. 20- 004
IN WITNESS WHEREOF, the Parties hereto have causedtheir duly authorized representatives to execute this Agreement.

COUNTY OF RIVERSIDE,
a Political Subdivision of
the State of California
By:

KAREN SPIEGEL, Chair
Board of Supervisors
ATTEST:

Kecia R. Harper
Clerk of the Board
By: 4U
Deputy
APPROVED AS TO FORM:

Gregory P. Priamos
County Counsel
By:

AmAt . Dhillon
Deputy County Counsel

CITY OF EASTVALE,
a General Law City
By: evov- v
Jocelyn Yow
Mayor
ATTEST:

Marc Donohue
City Clerk
vBy: _
ity Clerk
APPROVED AS TO FORM:

By:

Erica Vega
City Attorney + _
0 268
Aareement No. 20- 004

EXHIBIT A

SCOPE OF ANIMAL FIELD SERVICES

CITY OF EASTVALE
The County of Riverside, on behalf of its Department of Animal Services (" COUNTY"), agrees to provide the following animal field servicesfor the City of Eastvale ("CITY"):

A. PROVISION OF FIELD SERVICES
The animal field services to be provided by COUNTY for CITY within the corporate limits of CITY shall include the following activities:

1. Field Service Assistance: Respond to calls for field service assistancepursuant to the priority of calls as described in Section E below.

2. Impoundment: Impound dogs found at large and collect such impound fees as established in the appropriate CITY municipal code.

3. Proper Care and Treatment: Provide humane care and treatment to any stray or abandonedanimal impounded by field personnel in accordancewith State of California State") laws and regulations.

4. Animal Bites: Investigate reported bites by animals. COUNTY shall respond in person to all reported bites by animals or by suspectedrabid or wild animals. CITY shall be responsiblefor anyappealsarisingfrom administrativeproceedingsresultingtherefrom.

5. Quarantine: Quarantineall animalssuspectedbe rabidand/or thathavebitten a person as prescribed by the California Compendium of Rabies Control and Prevention, the State law, and COUNTY policy.

6. Stray and Barking Animal ( Nuisance) Complaints: Respond to and process nuisance complaints, including stray and barking animal complaints, as referencedthe appropriate CITY Municipal Code. City shall be responsible for any appeals arising from administrative proceedings resulting therefrom.

7. Dead Animals: Remove dead animals from the public right- of-way except in such cases where an animal is on a statehighway within CITY limits. In suchcases, COUNTY shall immediately (or assoonaspracticable) notify theStateDepartmentof Transportationby telephone, facsimile, email or other means.

8. Return of Impounded Animals: Encourage the return of any lost/ stray animal impounded by field personnel while in the field to the rightful owner and at the shelter, subject to the payment of impound fees.

9. Kennels and Catteries: COUNTY shall inspect and issue licenses to operate dog kennels and catteries within CITY pursuant to CITY' s municipal codes, and collect fees A- 1
269
Agreement No. 20- 004
in connection therewith. All fees for licenses to operate dog kennels and catteries shall be retained by COUNTY.

10. Issuance of Warnings and Citations: Enforce all appropriate provisions of CITY' s municipal code as necessary, including the issuanceof warning notices or citations, for violations of the provisions of said municipal code. CITY shall be responsible for the prosecution of any criminal enforcement actions or any appeals arising from administrative proceedings resulting therefrom.

11. Service to Public: Provide service to the public on matters covered in this Agreement consistent with established policies and procedures that promote courteous and efficient service and good public relations. Other policies and procedures notwithstanding, COUNTY, in processingany type of complaint or requestfor service, shall indicate to the caller that a response can be expected as per Section E below.

12. Field Services Related to Canine Licenses: COUNTY shall verify canine license status when responding to requestsfor service or when responding to complaints about animal behavior. The Animal Control Officer, as part of the officer' s regular animal control duties as defined by, but not limited to, the terms of this Agreement, shall conduct license inspection activities during animal control investigations to ascertain the number of unlicensed dogs, to license such dogs, and to foster compliance with CITY' s municipal code.

13. Wildlife: COUNTY will not impound free roaming wildlife unless it is a danger to the community, unhealthy, injured, or part of an animal cruelty or animal bite case.

14. Mutual Animal Welfare Programs: If mutually agreeable between the Parties, COUNTY and CITY shall work together to establish animal welfare programs that benefit the animals and residents of CITY.

15. COUNTY will perform humane investigations of suspectedanimal neglect and cruelty and will be responsiblefor investigation, citation and preparing materials for prosecution.

16. COUNTY and CITY will work together on educational outreach, promotion of spay/ neuter and vaccination clinics, other owner surrender diversion program, responsible pet ownership and adoption programs and activities.

17. In caseof a disaster, COUNTY and CITY will work collaboratively on animal needsand communication as it relates to rescue, response and recovery efforts.

B. SHELTER CARE AND DISPOSITION SERVICES
The COUNTY shall house CITY' s animals at the Western Riverside City/ County Animal Shelter, or other County operatedshelter at the County' s discretion, assetforth in Exhibit B.

C. PROVISION OF VEHICLES AND RADIO EQUIPMENT
A- 2
270
Agreement No. 20- 004
COUNTY shall provide animal control vehiclesand equip them with the appropriateanimal control boxesmountedon the truck chassisand with an air conditioningunit mountedon the animal control truck boxes for use in the provision of services as set forth in this Agreement.

The COUNTY shall fuel and maintain said vehicles.

D. MISSING OR STOLEN ANIMALS
COUNTYshallfile a reportwith theappropriatelaw enforcementagencywithin twentyfour 24) hoursif an impoundedanimalis missingor suspectedto havebeenstolenfrom an animal controlvehicleor while in COUNTY's custody. COUNTY shall indicate on the police report the circumstances of the animal' s disappearance.

E. PRIORITY OF FIELD SERVICES

1. " Services" are those enforcement activities rendered by COUNTY pursuant to the relevant sections of CITY' s municipal code and related State law, and are assembledfor into two categories: Emergency andNon -Emergency.

2. " Priority Ranking" refersto the orderof priority with which a call will be handled. All callswill godirectlyto thedispatcheror assignedclericalstafffor relayto theAnimal Control Officer. If a call is " exceptional," a set forth in Section F below, it shall be referredto thesupervisorfor evaluationandprocessing.

3. The following definitions of " Regular Service Hours," " Limited Service Hours" and Holidays" areintendedto identify thebroadtime framesduringwhich specificlevelsof service will be provided.
a. " Regular Service Hours" arebetweenthehoursof 7:30 am to 5:00 pm, Monday through Friday, Holidays excepted.
b. " LimitedServiceHours" arebetweenthehoursof5:00pmto7:30am, Monday throughFriday, all daySaturday, SundayandonHolidays.
c. " Holidays" are those days as establishedby the COUNTY and the CITY where the CITY or COUNTYis closedfor serviceon a businessday that would otherwisebe aregularserviceday.

4. FieldserviceactivitiesshallbeperformeddailyandgenerallybasedonboththePriority Rankingandthe time a call for serviceis receivedin accordancewith this Agreement.

All callsinvolvingimminentdangershallberespondedto within sixty (60) minutesif reasonably possible, subject to considerationsinvolving the time of day, traffic conditions, or other circumstances. An Animal Control Officer shall respond to animal medicalemergenciesandotheremergenciesinvolvingdangerto humanswithin thirty 30) minutesor lessduringRegularServiceHours, andwithinsixty (60) minutesor less during Limited Service Hours and Holidays. CITY acknowledges that response time A- 3
271
Agreement No. 20- 004
may be affected by traffic congestion or other hindering circumstancesuncontrollable by COUNTY. COUNTY shall provide a means for responding to calls for service that take place during Limited Service Periods which are of an emergent nature pursuant to this Exhibit A. Field service personnel may be assignedto patrol and perform other service field tasks asdefined by COUNTY andCITY.

5. Telephone Service: The COUNTY shall answer all telephone calls for field services during Regular Service Hours. Calls shall be received by the COUNTY answering service during Limited Service Hours and on Holidays, as noted above. Calls answered by the answering service will be handled on an emergency basis as outlined in this Exhibit A. The dispatcher and/ or clerical support staff shall maintain a detailed record of all requests for service, both emergency and routine, received during Regular Service Hours and Limited Service Hours, including time and date, when the calls were answered, and the disposition of those calls. Records of these calls shall be maintained for at least thirty ( 30) days.

6. The CITY and COUNTY agreethat any incident reports to the COUNTY by residents or through emergency services involving a dangerous, aggressive, injured or sick animal constitute an emergency and require immediate action by the COUNTY pursuant to this Agreement. Calls for service received during Limited Service Hours that are not of an emergent nature shall be answered by an answering service and referred to call- back on the next business day during phone center operational hours. These calls will then be scheduled for response in accordance with this Exhibit A.

7. Calls Considered Emergencies to be Handled Without Delay:
a. Animals endangering health or safety of the community b. Police Department requests for service
c. Sick or injured stray animals
d. Animals in distress
e. Humane investigations that are life threatening. ( Depending on immediate circumstances)

8. Calls Considered Non - Emergency to be Handled during Regular Service Hours:
a. Pick- up confined, healthy, stray -animals
b. Dead animal removal
c. Quarantine investigations
d. Leash law enforcement
e. Nuisance animal investigations
f. Permit investigations
F. EXCEPTIONS
The Director of Animal Control, or designee, may, on a case -by -case basis, authorize variations of priority when circumstances require.

G. LICENSE FEES ( Section 2 of Riverside Countv Ordinance 630) 272
Agreement No. 20- 004
Licenses shall be issued upon payment of the license fees at the same rate as established in Section 2 of Riverside County Ordinance No. 630 and are subject to change as amendedby COUNTY' s Board of Supervisors, from time to time.

H. RABIES VACCINATION CERTIFICATE DATA
Rabies vaccination certificates shall be collected from area veterinarians and downloaded into COUNTY' s database after the data has been scrubbed of inconsistencies. Reminders of licensing requirements shall be automatically generated and mailed to dog owners. Those owners who fail to comply may be subsequently issued administrative citations. Remittance options include the web licensing portal on COUNTY' s website, www. rcdas.org. COUNTY shall verify dog license status when responding to requestsfor service or when responding to complaints. COUNTY shall also provide an automated or manual verification system whereby owners can verify the status of their animal' s license by telephone.

I. COLLECTION OF LICENSE FEES
CITY authorizes COUNTY to issue and collect the fees for canine licenses and retain ten dollars 10) per license on any and all canine license revenue generatedby CITY residents during the term of the Agreement. All fees collected for canine licenses shall be accounted for by the COUNTY on a monthly basis and the COUNTY shall credit to CITY the net amount of license fees collected for each month. For purposes of this Agreement, the net amount of license fees shall mean the total amount of license fees collected in a month less the sum total of $ 10 per each canine license issued and shall be separateand apart from the monthly compensation rate due and payable by the CITY as required in Exhibit C, Payment Provisions. CITY shall be responsiblefor a one-time conversionfee for new data enteredinto COUNTY's licensing database.

A- 5
273
Agreement No. 20- 004

EXHIBIT B

SCOPE OF ANIMAL SHELTER SERVICES

CITY OF EASTVALE
The County of Riverside, on behalf of its Department of Animal Services (" COUNTY"), agrees to provide the following Animal Shelter Services for the City of Eastvale (" CITY"). All capitalized terms set forth herein are defined in Section B below.

A. COUNTY ANIMAL SHELTER LOCATION
Shelter Location: The COUNTY shall maintain CITY' s animals at the Western Riverside County/ City Animal Shelter (" Shelter"), or other shelter operated by COUNTY at COUNTY' s discretion.

The COUNTY shall be responsible for the operation and maintenance of its shelters and the care of the animals on a twenty four (24) hour basis.

2. Shelter Hours of Operation: COUNTY shall maintain hours of operation at the Shelter to provide maximum public access to the animals, to the extent possible.

B. DEFINITIONS

1. " Animal Shelter Services" shall include the following activities and services:
a.

Impoundment, admittance, receiptof, careof, custodyof and/or feedingof stray animals and as part of investigations.
b. Redemption, treatment, sale, adoption, and/ or disposal of all animals. c. Counseling and advising animal owners.
d. Posting on Shelter's website of photographs of all newly impounded animals and identifying eachanimal individually.
e. Ensuring that all dogs, four ( 4) months and older, released from the COUNTY to a resident of County of Riverside are licensed and spayed/neutered and, if not licensed, to sell licenseto theowneror otherpersontaking custodyof suchdog.

In accordancewith COUNTY ordinances, requirethemicro -chippingof released animals at the owner' s expense.
f. Humaneeuthanasiaof animalsaslawful andnecessary, includingthe creationof a log detailing those animals that are euthanized and the reasons for such euthanasia on an animal -by -animal basis. This log shall include whether the animal was unhealthy and/or unsuitable for adoption.
g. Proper disposal of dead animals at the rate as set forth in Exhibit D, Payment Provisions.
h. " Care" includes, but is not limited to providing a safe, temporaryrefugefor any animal impounded, and providing needed medical services for injured/ sick animals or transfer of animal to the appropriate agency.

2. " Adoptable Animal" shall mean an animal eight ( 8) weeks of age or older that at or subsequentto thetime theanimalis impoundedor takeninto possession, hasmanifested no sign of disease, injury, or congenitalor hereditaryconditionthat adverselyaffectsthe B- 1
274
Agreement No. 20- 004
health or temperament of the animal, or that is likely to adversely affect the animal' s health in the future. Dogs declared " vicious" or " potentially dangerous" under State and/ or local laws shall be deemed unadoptable.

3. " Treatable" shall mean an animal with a medical condition such as skin problems, bad flea or skin infestations, a broken limb, abscesses, or problems that may be treated with appropriate resources, holding space, treatment and/or time. " Treatable" shall also mean an animal with behavioral conditions that may be corrected with time and proper training, such as chasing animals/ objects, food aggression, etc.

4. " Untreatable Animal" shall mean any animal that is irremediably suffering from a serious illness or physical injury or behavioral condition and shall not be held for owner redemption or adoption.

5. " Impounded Animal" shall include animals found running at large, removed from private property, or that are taken into the custody by COUNTY or law enforcement.

6. " Seized Animal" shall include animals that are confiscated under Penal Code 597. 1 from an owner when ordered by a court of competent jurisdiction, whether the seizure was determinedjustified or not, when exigent circumstancesexist.

C. SCOPE OF ANIMAL SHELTER SERVICES

1. Treatment of Animals: COUNTY shall provide adequatecare and treatment of CITY' s animals whiles in custody of COUNTY to ensure that impounded animals are provided with humane and appropriate levels of care, including a clean environment, fresh water, adequate nutrition and appropriate medical care.

2. Level of Service Provided: COUNTY shall provide Animal Shelter Services as defined in this Agreement. COUNTY' s policies and procedures for Animal Shelter Services shall be based on standards and/or guidelines derived from reputable animal care organizations including, but not limited to, the Humane Society of the United States, American Humane Association and American Veterinary Medical Association.

3. Feeding Protocols: All animals shall be fed in amounts appropriate to meet their nutritional needs.

4. Disease Control and Sanitation: COUNTY shall maintain the Shelter in a clean and sanitary condition. COUNTY' s policies and proceduresmay include beneficial standards and/or guidelines derived from reputable animal care organizations including, but not limited to, the Humane Society of the United States, American Humane Association and American Veterinary Medical Association.

5. Provision of Personnel and Supplies: COUNTY shall provide personnel, supplies, materials, medication, pharmaceuticals, and equipment, including forms and reports, to perform all aspectsof the Animal Shelter Servicesdescribedherein.

6. Holding Periods: COUNTY shall hold all stray -impounded animals, not otherwise owner identifiable, for the holding periods asrequired by Statelaw.

B- 2
275
Agreement No. 20- 004

7. Euthanasia: Humane euthanasiaservices shall be provided as required for impounded animals held at the Shelter for the lawful number of days, if such animal is not reclaimed by the animal' s owner and is deemednot adoptableby COUNTY. Untreatable Animals that are irremediably suffering from a seriousillness or severeinjury may not be held for owner redemption or adoption. Only euthanasia methods approved by the American Veterinary Medical Association shall be used. Records shall be kept for a period of not less than three ( 3) years on each euthanized animal shall include the following information: breed; sex; color; weight; other distinguishing characteristics; date, time and location where animal was found; method of euthanasia, and reason for use of method.

8. Quarantine: COUNTY shall quarantine, as prescribed by the California Compendium of Rabies Control and Prevention, Statelaw, and COUNTY policy, all animals suspected of being rabid, or involved in a bite investigation.

9. Impoundments and Quarantines: COUNTY shall house, feed and care for all animals impounded and/or quarantined at the Shelter.
a. Animals Surrendered by their Owners: Owner Surrenders will be impounded on a case by case basis. Diversion programs will be offered to assist with pet retention.

10. Any pet surrendered by the owner to an Animal Control Officer and transported to the COUNTY shelter shall incur prevailing owner surrender charges. Such fees shall be collected from the owner and conveyed to the COUNTY, or be charged directly to the CITY at the established stray animal rate.

11. Wildlife. COUNTY will work with constituents to ensure public safety while maintaining wildlife in the wild. COUNTY will triage wildlife reports to determine the appropriate response. Wildlife will be impounded if there is a public safety hazard, if the animal' s welfare is at risk, if the animal is injured or orphaned, if the animal has been involved in a bite, or involved in an animal cruelty investigation.

12. Vicious and Potentially Dangerous Dogs: Any dog declared or determined to be vicious or potentially dangerousand in custody of COUNTY either tenderimpoundment or quarantine shall be deemedunsuitable for adoption and shall not be releasedexcept as required by State law or at the Director of Animal Services' discretion.

13. Incoming Animal Identification: Incoming animals shall be checked immediately for collar tags and scanned for microchip by qualified Shelter staff within one ( 1) hour of arrival to the Shelter. Shelter staff shall make all attempts to notify owners within twenty- four ( 24) hours of an Impounded Animal delivered by CITY to COUNTY.

14. Incoming Animal Examinations/ Assessments: A cursory exam of an animal shall be performed within twelve ( 12) hours, except during Limited Service Hours when the examination will be performed within twenty-four ( 24) hours. Incoming animal assessment shall include the following:

B- 3
276
Agreement No. 20- 004
a. A physical examination to determine if a medical condition exists which requires a veterinarian' s attention
b. Routine vaccinations and de -worming, as needed
c. External parasitetreatment, asneeded
d. Document the animal' s incoming weight
e. Scanfor microchip identification
f. Establish unique identifier for the animal
g. Document any identifying featuresor abnormalities. The COUNTY shall properly document on an animal -by -animal basis that an examination/ assessment has been performed.

15. Enforcement: Enforce all relevant provisions of CITY' s municipal code and State law as may be applicable to animals housed, kept or maintained at the Shelter.

16. Adoption: Animals identified asbeing available for adoption shall be up for adoption in the shelter or by posting online.

17. Spay and Neuter: COUNTY shall ensure that all dogs and cats adopted from the Shelter are spayed or neutered, or that adequate provisions are made for such spaying or neutering if COUNTY transfers any animals, or if an adopted animal is unable to receive spaying or neutering due to a medical condition.

In accordance with California Food and Agricultural (" F& A") Code Sections 30503 and 31751.3, if veterinarian employed at the Shelter certifies that a dog or cat is too sick or injured to be spayed or neutered, the COUNTY shall collect a spay/ neuter deposit from the adopter or purchaser and this deposit shall be deposited into a segregated fund maintained by the COUNTY. The deposit shall be fully refunded to the adopter or purchaserif proof of sterility is provided within thirty ( 30) businessdays from the dateof surgery, at which the deposit is forfeited in accordance with F& A Code Sections 30503 and 31751.3. Spay and neuter depositsshall only be usedby the COUNTY for canine and feline spay and neuter programs.

18. Community Adoption Partners: COUNTY shall comply with F& A Code Sections 31108 and 31752 that provide that any stray dog or cat that is impounded "shall, prior to the euthanasia of that animal be released to a nonprofit, as defined in Section 501( c)( 3) of the Internal Revenue Code, animal rescue or adoption organization if requested by the organization prior to the scheduled euthanasia of that animal. The public or private shelter may enter into cooperative agreementswith any animal organization or adoption organization. In addition to any required spay or neuter deposit, the public or private shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee, for animals adopted or released."

19. Foster Care Placement: Certain animals may be placed in COUNTY' s foster care placement program so to improve animal care, give certain animals a better chance of adoption, and lift the spirits and morale of staff and volunteers.

B- 4
277
Agreement No. 20- 004

20. Drug Enforcement Agency ( DEA): COUNTY shall comply with all Drug Enforcement Agency ( DEA) regulations regarding storage, record -keeping, inventory, use, and disposal of all controlled substances.

21. Staffing and Volunteers: COUNTY shall recruit and supervise all necessarypersonnel for the office, kennel, veterinary and other areasof the Shelter. Staffing shall include any and all full or part-time personnel and shall include the recruitment, supervision and assignment of volunteers in suitable Shelter - related activities. Personnel employed at the Shelter in the performance of Shelter -related activities shall be designated as COUNTY employees and any and all volunteers engaged in Shelter activities shall participate in activities designated by COUNTY and shall be under the auspices of COUNTY. Use of volunteers at the Shelter shall be determined by COUNTY.

22. Missing Animals: COUNTY shall notify an appropriate law enforcement agency immediately of any animal missing from the Shelter that had previously been impounded and/or in protective custody.

23. CITY Access: COUNTY shall provide accessof the entire Shelter to the authorized representatives of CITY during Regular Service Hours or at such other times upon written notice.

24. Livestock and Fowl Care: COUNTY shall provide food, care and shelter to livestock and fowl, either at the Shelter or at another location, when such animals cannot be cared for at the Shelter.

Costs of housing any livestock or fowl, regardless of Shelter location shall be charged to the owner of the animal, if known. If the animal' s owner wishes to redeem the animal, the owner shall first pay all applicable fees and charges at the Shelter; except as otherwise required by law, then and only, will the COUNTY authorize release of the animal. COUNTY shall notify CITY in writing when said expensesreachthe amount of 5,000 or greater per incident. Such expensesshall not exceedthe amount of $25,000 per incident unless authorized in writing by CITY.

25. Animal Disposal: COUNTY shall prohibit any animal whether dead or alive, which has been impounded, in custody, or in quarantine at the Shelter to be given away, disposed of, traded, sold or in any manner given over to another person, organization or entity for experimentation, regardless of purpose. COUNTY shall be responsible for the disposal of animal remains in its custody or control, subject to applicable State laws.

D. COMPENSATION
Compensation for Animal Shelter Services:

Additional compensation for Animal Shelter Services may be required. Additional costs for large animal sheltering are incurred at $ 20 per animal, per day for horses and cattle, and $ 12 per animal, per day for swine, goats and sheep in accordancewith COUNTY' s Animal Control Ordinances and shall be billed based on actual sheltering on a monthly basis.

B- 5
278
Agreement No. 20- 004

2. Impound/ Quarantine Fees: CITY shall be responsible for all costs associated with any and all animals seized within the CITY boundaries and brought to COUNTY which are held in Shelter, including facilities that have agreementswith the COUNTY to provide additional shelter services under the supervision of the COUNTY. This includes, but is not limited to, animals held in associationwith any criminal prosecution of animal abuse and welfare cases, animals being held as evidence in a court filing, or rabies quarantine.

The COUNTY agreesto assist the CITY in seeking reimbursement from the owner by providing invoices for all services provided. All services provided to each animal involved shall be charged as of the current date including but not limited to the following:

IMP 1- collection; State Fine 1- collection, Board collection- all fees due; QT Board collection - if applicable; Rabies Vaccination collection- if applicable; DA2PPV collection; Bordatella collection; microchip collection; any and all medications provided to each animal; and personnel charges. All fees will be in accordance with the COUNTY' s current fee schedule.

3. Outreach Activities: CITY shall work with COUNTY to promote responsible pet ownership, lost and found animals, mutually agreeable animal welfare program, Spay/ Neuter Services, and adoption of animals through its own educational outreach, and through its own social media pages. If requested by CITY, the daily flat rates for educational outreach events, vaccination clinics or spay/neuter clinics shall be billed based actual outreach days scheduled at a rates below:
a. Vaccination or Spay/ Neuter Clinic: $ 3, 000* per event, flat rate billed on actual use.

The cost for staff, vaccinations and microchips, free to constituents with a two hundred (200) animal capper event.
b. Education Outreach Event: $ 2, 553* per event, flat rate billed on actual use.

The cost to staff an outreachevent for the purposeof educating CITY constituents.

M
279
Agreement No. 20- 004

EXHIBIT C

PAYMENT PROVISIONS

CITY OF EASTVALE
City of Eastvale (" CITY") shall compensate the County of Riverside (" COUNTY") on a monthly basis all fees and rates in accordance with the COUNTY' s current fee schedule as set forth below:

A. Animal Field and Sheltering Services Rates*
Service Impounds Amount Total Yearly Monthly
Installments
Animal Control Officer ( half- time) 86, 320 86, 320 7, 193 Animal Sheltering* 515 20 per day 103, 000 8, 583
Wildlife Impounds 163 138 each 22, 494 1,875
DeceasedAnimal Pick -Up and
Disposal
192 70 each 13, 440 1, 120
Operation & Maintenance* 515 12. 53 each 6, 453 538
Total Sheltering Cost 231, 707 19, 309
Yearly cost estimate basedon statistics provided by CITY of its prior year's impound rate of 515 stray dogs and cats per year, based on an average of ten ( 10) kenneling days. Rates are established by the Board of Supervisors and are subject to change as amended by COUNTY from time to time.

City shall be provided with actual impound statisticseachmonth that detail the number of animals impoundedandthenumberof kennelingdays.

Large Animal Sheltering: $ 20/animal (horses, ponies, cattle) per day of sheltering.

Large Animal Sheltering: $ 12/animal (swine, goats, sheep) per day of sheltering.

B. Collection of License Fees
CITY authorizes COUNTY to issue and collect the fees for canine licenses and retain ten dollars 10) per license on any and all canine license revenue generatedby CITY residents during the term of the Agreement. All feescollectedfor caninelicensesshall be accountedfor by the COUNTY on a monthly basis and the COUNTY shall credit to CITY the net amount of license fees collected for each month. For purposes of this Agreement, the net amount of license fees shall mean the total amount of license fees collected in a month less the sum total of $ 10 per each canine license issued and shall be separateand apart from the monthly compensation rate due and payable by the CITY as set forth above in Section A.

C. Impound/ Quarantine Fees
CITY shall be responsible for all costs associatedwith any and all animals seized within the CITY boundaries and brought to COUNTY held in the Shelter, including facilities that have C- 1
280
Agreement No. 20- 004
agreementswith the COUNTY to provide additional shelter services under the supervision of the COUNTY. This includes, but is notlimitedto, animalsheldin associationwith anycriminal prosecutionof animalabuseandwelfarecases, animalsbeingheldasevidencein acourtfiling, or rabiesquarantine. TheCOUNTY agreesto assisttheCITY in seekingreimbursementfrom the owner by providing invoices for all services provided. All services provided to each animal involvedshallbechargedasof thecurrentdateincludingbutnotlimitedto thefollowing: IMP 1- collection; State Fine 1-collection, Board collection- all fees due; QT Board collection - if applicable; Rabies Vaccination collection- if applicable; DA2PPV collection; Bordatella collection; microchipcollection; any andall medicationsprovidedto eachanimal; andpersonnel charges.

D. Optional Services at City' s Request

1. Vaccination or Spay/Neuter Clinic: $ 3,000 per event, flat rate billed on actual use. The serviceprovidedhereinshallbefreeto constituents, with a two hundred (200) animalcapper vaccination clinic, or thirty ( 30) spay and/or neuter surgeriesper spay/neuterclinic.

2. Education Outreach Event: $ 2,553 per event, flat rate billed on actual use. The cost for staffanoutreacheventfor thepurposeof educatingCITY constituents.

C- 2
281
Revco AR
iPSK `? 0'r1t7g211?2RC

BRENDA DIEDERICHS,
Asst. County Executive Officer/
Human Resources Director

CERTIFICATE OF INSURANCE OR SELF- INSURANCE

THIS IS TO CERTIFY THAT THE SELF - INSURED COVERAGE LISTED BELOW IS CURRENTLY IN EFFECT FOR

THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY

CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THIS CERTIFICATE DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH CERTIFICATE.

COVERAGEPROVIDEDISSUBJECTTOTHE TERMSANDCONDITIONSOFTHEEXCESSPOLICEType of CoverageCompany and Policy Period Limits of LiabilityPolic Number Bodily Injury/ PropertyDamage Commercial
General Self - Insured07/ 01/ 20211, 000,000 CombinedLiability Including to Single Limit Per Vehicle
Liability 07/ 01/ 2022Occurrence with No Aggregate
Limit Workers'
Permissibly 07/ 01/ 20212, 000,000 Per OccurrenceCompensation Self - Insuredto with No AggregateLimit X
Employers'
07/
01/ 2022Liability
The
Countyof Riversidecertifies that the aboveself - insuredprogramis in effectas respectto: Meetagreementrequirements that RCDAShas for fieldand shelterserviceswith the city of Eastvale. Certificate Holder Cancellation City
of EastvaleIn theeventof cancellationof theself-insuranceprogram or Attn:

Kenia Lopez policy designatedbelow, it is theintentof theCountyof 12363 Limonite Avenue, Suite 910 Riverside to mail30 days' prior noticethereof. Eastvale, CA 91752This
certificateis notvalidunlesssignedby an authorizedrepresentativeof theCountyof Riverside, Risk ManagementDivision Date:

October13, 2021cc:

StefanieRubio, Admin. Services Analystll, Animal Services P.

O. Bcx1210,Riverside,CA92502OU( 951)955-354010( 951)9554027 ®[email protected] 282

FIRST AMENDMENT TO

AGREEMENT FOR ANIMAL CONTROL FIELD AND

SHELTER SERVICES

BETWEEN THE CITY OF EASTVALE

AND THE COUNTY OF RIVERSIDE

Page 1 of 3 ends

Eastvale City CouncilOctober 11, 2023

Eastvale City Council
October 11, 2023