Agenda packet — Eastvale City Council, May 8, 2024 (part 1 of 2)

REGULAR CITY COUNCIL MEETING AGENDA
Eastvale City Hall Council Chambers
12363 Limonite Avenue, Suite 900, Eastvale, CA 91752
Regular City Council Meeting:
6:30 PM
Wednesday, May
8, 2024

City Councilmembers
Christian Dinco, Mayor
Michael McMinn, Mayor Pro Tem
Clint Lorimore, Councilmember
Todd Rigby, 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. Recognition of the Youth Council

8.2. Southern California Edison Scholar Award Recognition

8.3. Eastvale Kiwanis Earth Day Recognition

8.4. Economic Development Week Proclamation

8.5. Municipal Clerk's Week Proclamation

8.6. EVA: Eastvale Virtual Assistant Presentation

9. AGENCY PARTNER UPDATES

9.1. Youth Council Update

2 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.

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 special meeting on April 18, 2024 and the
regular meeting on April 24,
2024.

11.2. Approval of Task Order No. 3 with Wallace & Associates for Inspection Services for Various Public Works and Land Development Projects

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

RECOMMENDED ACTION(S):

Staff recommends that the City Council approve Task Order No. 3 in the amount of $180,000 for an on-call consulting contract with Wallace & Associates for Inspection services for various Public Works and Land Development projects.

11.3. Award a Construction Contract to 5 Star General Construction, LLC. for the City Hall Expansion Tenant Improvement Project in the amount of $223,496

Submitted by: Annette Cano-Soza, Assistant Engineer

RECOMMENDED ACTION(S):

Staff recommends that the City Council approve the contract with 5 Star General Construction LLC, the lowest responsible bidder, in accordance with unit bid prices in the amount of $194,344.57 plus 15% contingency for a total of $223,496 for the City Hall Expansion Tenant Improvement project and authorize the City Manager to execute all necessary documents including the Notice of Completion.

11.4. Approval of Second Amendment to the Mark Thomas Professional Services Agreement for the Limonite Gap Bridge Project

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

3 RECOMMENDED ACTION(S):

Staff recommends that the City Council approve the Second Amendment to the Mark Thomas Professional Services Agreement for the Limonite Gap Bridge Project increasing the contract amount by $54,290.

11.5. Approval of Professional Services Agreement with Robb R. Steel for FY 2024-2025 Economic Development and Community Development Consultation Services

Submitted by: Caleb Zaldana, Management Assistant

RECOMMENDED ACTION(S):

Staff recommends that the City Council authorize the City Manager to execute a Professional Services Agreement with Robb R. Steel in an amount not-to-exceed $49,000 for economic development and community development consultation services from July 1, 2024 to June 30, 2025.

11.6. Approval of Professional Services Agreements with Infinity Technologies for the City Intranet Project and the City Hall Expansion Project

Submitted by: Marc A. Donohue, City Clerk/Communications Director

RECOMMENDED ACTION(S):

Staff recommends that the City Council:

1 .

Approve the Professional Services Agreement with Infinity Technologies in the amount of $20,000 for the City Intranet Project; and
2 .

Approve the Professional Services Agreement with Infinity Technologies in the amount of $111,000 for the City Hall Expansion Project; and 3 .

Authorize the City Manager to execute all necessary documents.

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. Proposed Five-Year Capital Improvement Plan (CIP) update

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

RECOMMENDED ACTION(S):

Staff recommends that the the City Council conduct review and provide recommendations, as necessary, on the Proposed
Five-Year Capital Improvement
Plan (CIP) update.

4 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, May 22, 2024, 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

5 Eastvale City Council Meeting Minutes
April 18, 2024 Page - 1

MINUTES

CITY OF EASTVALE

CITY COUNCIL SPECIAL MEETING
Thursday, April 18, 2024
Regular Meeting: 6:00 PM
City Hall Council Chambers
12363 Limonite Avenue, Suite 900
Eastvale, CA 91752

1. CALL TO ORDER
The special meeting of the Eastvale City Council was called to order at 6:06 p.m. by Mayor Dinco.

2. ROLL CALL

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

Absent:

City Staff

Present: City Manager Orme, City Attorney Vega, and Assistant City Clerk Cooper were present at Roll Call. Other staff members were present.

3. PLEDGE OF ALLEGIANCE
Councilmember Rigby led the Pledge of Allegiance.

4. CLOSED SESSION PUBLIC COMMENT – None

5. CLOSED SESSION ITEM

5.1 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Sec. 54957.6) Agency designated representatives: Mark Orme, City Manager, Maricela Mejia, HR Manager
Unrepresented employee: all unrepresented employees
At the end of closed session, City Attorney Vega stated that there was no reportable action.
6 Eastvale City Council Meeting Minutes
April 18, 2024 Page - 2

5.2 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Government Code Sec. 54956.9(d)(4))
Initiation of litigation: 1 potential case
At the end of closed session, City Attorney Vega stated that there was no reportable action.

ADJOURNMENT – Mayor Dinco adjourned the special meeting at 7:27 P.M. The next regular meeting of the Eastvale City Council is scheduled for Wednesday, April 24, 2024, at 6:30 P.M.

Jessica Cooper, MMC
Assistant City Clerk
7 Eastvale City Council Meeting Minutes
April 24, 2024 Page - 1

MINUTES

CITY OF EASTVALE

CITY COUNCIL REGULAR MEETING
Wednesday, April 24, 2024
Regular Meeting: 6:30 PM
City Hall Council Chambers
12363 Limonite Avenue, Suite 900
Eastvale, CA 91752

1. CALL TO ORDER
The regular meeting of the Eastvale City Council was called to order at 6:30 p.m. by Mayor Dinco.

2. ROLL CALL

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

Absent: Councilmember Rigby.

City Staff

Present: City Manager Orme, City Attorney Vega and Assistant City Clerk Cooper were present at Roll Call. Other staff members were present.

3. CLOSED SESSION PUBLIC COMMENT – None

4. CLOSED SESSION ITEM – None

5. INVOCATION
Pastor Aaron Ophaug from Friends Church Eastvale offered the invocation.

6. PLEDGE OF ALLEGIANCE

Mayor Pro Tem McMinn led the Pledge of Allegiance.

7. ADDITIONS/REVISIONS
City staff requested to push item 8.3 – Southern California Edison Schol Award Recognition to the next City Council meeting on May 8, 2024.
8 Eastvale City Council Meeting Minutes
April 24, 2024 Page - 2
On motion of Councilmember Lorimore and second by Mayor Pro Tem Dinco, the City Council voted unanimously to push item 8.3 – Southern California Edison Scholar Award Recognition to the next City Council meeting on May 8, 2024.

8. PRESENTATIONS/ANNOUNCEMENTS

8.1 National Volunteer Week Proclamation
The National Volunteer Week Proclamation was presented to volunteers from the Eastvale Volunteer Program and volunteers from the Riverside Sheriff’s Office.

8.2 National Day of Prayer Proclamation
The National Day of Prayer Proclamation was presented to Pastor Aaron Ophaug from Friends Church Eastvale.

9. AGENCY PARTNER UPDATES

9.1 Eastvale Library Update
An update was provided by Jamie Shin, Circulation Supervisor from the Eastvale Public Library.

9.2 YMCA Update
An update was provided by Lamondo Greer and James Lin from the Corona- Norco YMCA.

10. PUBLIC COMMENT – None

11. CONSENT CALENDAR
On motion of Mayor Pro Tem McMinn and second by Councilmember Yow, the City Council voted 4-0 to approve the Consent Calendar.

11.1 City Council Meeting Minutes
The City Council approved the City Council meeting minutes from the regular meeting on April 10, 2024.

11.2 Treasurer’s Report: March 2024
The City Council received and filed the City Treasurer’s Report.

11.3 Warrant Register: February 2024
The City Council approved the payment of warrants as submitted by the Finance Department under Attachment 1.
9 Eastvale City Council Meeting Minutes
April 24, 2024 Page - 3

11.4 Planning Department Update
The City Council received and filed the Planning Department Update.

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

11.6 Interim Financial Report – Fiscal Year 2023-24, Quarter 2 The City Council:

1. Received and filed the Interim Financial Report for Fiscal Year 2023-24, Quarter 2 ending December 31, 2023; and

2. Approved and adopted Resolution 24-19 Amending the 2023-24 Fiscal Year Operating Budget for Additional Sales Tax Revenue.

11.7 Professional Services Agreement with Rogers, Anderson, Malody & Scott, LLC. For Independent Audit Services
The City Council:

1. Approved a three-year professional services agreement, with two one-year extension options, with Rogers, Anderson, Malody & Scott, LLC for Independent Audit Services in the amount of $217,665; and

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

11.8 Approve Amendments to the City’s Salary Schedule
The City Council approved and adopted Resolution 24-20, Approving Amendments to the City’s Salary Schedule.

12. PUBLIC HEARINGS – None

13. CITY COUNCIL BUSINESS

13.1 Waste Management Fiscal Year 2024-2025 Annual Rate Adjustment Request Environmental Compliance Analyst Balckwell presented a PowerPoint presentation and answered related questions.

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

On motion of Mayor Pro Tem McMinn and second by Mayor Dinco, the City Council voted unanimously to adopt Resolution 24-21, approving the Rate Adjustment Request by USA 10 Eastvale City Council Meeting Minutes
April 24, 2024 Page - 4
Waste of California Incorporated, also known as Waste Management, per section 4.03 of the Franchise Agreement.

13.2 Fiscal Year 2024-25 Budget Workshop
City staff members presented a PowerPoint presentation and answered related questions.

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

The City Council discussed the item and provided feedback.

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
No report was provided.

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

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

15.4 Riverside Transit Agency
Councilmember Yow provided a report.

15.5 Northwest Mosquito and Vector Control District
No report was provided.

15.6 Riverside County Transportation Commission
Councilmember Lorimore provided a report.

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

15.8 Finance Committee
Councilmember Lorimore provided a report.
11 Eastvale City Council Meeting Minutes
April 24, 2024 Page - 5

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
No report was provided.

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

15.14 City Council Communications
The City Council provided comments.

ADJOURNMENT – Mayor Dinco adjourned the regular meeting at 9:40 P.M. The next regular meeting of the Eastvale City Council is scheduled for Wednesday, May 8, 2024, at 6:30 P.M.

Jessica Cooper, MMC
Assistant City Clerk
12 AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.2
May
8, 2024
Approval of Task Order No. 3 with Wallace & Associates for Inspec0on Services for Various Public Works and Land
Development Projects
Prepared By:

Jimmy Chung, Public Works Director/ City Engineer
Recommended Action(s)
Staﬀ recommends that the City Council approve Task Order No. 3 in the amount of $180,000 for an on-call consul+ng contract with Wallace & Associates for Inspec+on services for various Public Works and Land Development projects.

Summary
The Public Works Department is commi2ed 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 to ensure that 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. The division collects development fees, processes permits, and provides inspec+ons for a variety of construc+on and non-construc+on ac+vi+es within the public right-of- way. The services we provide ensure compliance with City Codes and design standards. Public Works Inspec+on provides a broad spectrum of services related to Public Works ac+vi+es. These services include the inspec+on of all improvements above ground (street improvements, curbs, gu2ers, sidewalks, street lights, traﬃc signals, pavement striping, etc.) and underground (sewer, water and 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
13 Fund
Account
Department
Account
Description
Amended
Budget
Available
Budget
storm drain) for private development and Capital Improvement Projects. The purpose of inspec+on is to ensure the compliance with plans, speciﬁca+ons, local, state and federal laws, regula+ons, and ordinances.

With the upcoming increase in projects throughout the City including CIP Projects (such as the Slurry Seal, Chip-Seal, and Grind And Overlay asphalt projects), Land Development (including the Leal Property, Goodman, The Merge, The Vine, The Ontario Commerce Center, Vantage Point Church), and various permit projects, Public Works staﬀ sees the need to temporarily increase the number of available inspectors to oversee these projects. Onwards inspec+on services include the ability to have inspectors on weekends, as well as during night work, which helps supplement our inspectors outside of normal work hours and is a valuable asset to the City and department.

Background
On April 13, 2022, the City Council awarded a Professional On-call Services contract to Wallace & Associates for inspec+on services (A2achment 1). The approval included awarding on-call inspec+on services contract to seven (7) consultants including Wallace & Associates. Wallace & Associates demonstrated both the experience and qualiﬁca+ons that meet Eastvale's needs and expecta+ons during the compe++ve procurement process. They are able to provide the necessary inspec+on services immediately and the goal is for this contract to provide one inspector for approximately 6 months (1,000 hours) and other public works related services. An amendment was made to the contract for On-Call Professional Services (Attachment 2).

PO Amount
PO No.

Task Order No.
$150,000
1088
1 $150,000
1088
2 The services provided by Wallace & Associates will involve full service inspec+on services, which include inspec+on of land development projects, capital improvement projects, and encroachment permits. Wallace staﬀ will work under the direc+on of City staﬀ to ensure that all projects meet City's standards.

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

Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Right-size the organiza+on and staﬃng consistent with City services, needs, expecta+ons, and strategic plan priorities.

Fiscal Impact
There are suﬃcient funds budgeted in ﬁscal year 2023-24 for the recommended ac+on as shown below:

Prior City
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
14 General
100-320-
6433
Engineering
Private
Development
$987,000
$455,037.18
General
100-320-
6490
Engineering
Engineering
Services
$427,500
$14,038.90
Council/Commission Action
On April 13, 2022, the City Council awarded an On-Call Engineering and Professional Consul+ng Services to Wallace & Associates.

On July 27, 2022, the City Council approved Task Order No. 1 to Wallace & Associates.

On January 25, 2023, the City Council approved Task Order No 2. to Wallace & Associates.

Attachment(s)
Attachment 1 - Executed PSA.pdf

Attachment 3 - Task Order No.3

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
15 A-2022-041

AGREEMENT FOR ON - CALL PROFESSIONAL SERVICES
CONSTRUCTION INSEPCTION SERVICES]
This Agreement for On -Call Professional Services (" Agreement') is entered into as of this AL_ dayofMT, 2022byandbetweentheCityofEastvale, amunicipal corporation (" City") and Wallace & Associates Consulting, 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 qualifications the performance of the services defined and described particularly in Section 2 of this Agreement.

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

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

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

SECTION 1. TERM OF AGREEMENT.

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

SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. a) Scope of Services. Contractor agrees to perform Construction Inspection services ( hereinafter, the " Services") as requested and authorized by the City. [ The Services are more particularly described in Exhibit " A" attached hereto and incorporated herein.] When the City desires to utilize Contractor for Services, the City will issue a Task Order that includes a Scope of Services to be performed and the compensation to be paid for the Services within the Task Order. Each Task Order shall be attached to this Agreement as part of Exhibit " A" ( e.g., the first Task Order will be Exhibit " A- 1", the second Exhibit " A- 2," etc.). Each Task Order is made a part of this Agreement by this reference.

ME
16 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 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) Construction Inspection Services. Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in each Task Order for the Services identified in the Task Order. The City Manager shall have the authority to approve Task Orders for Services that do not exceed the City Manager' s then -current signing authority for purchases of professional services as set forth in Section 4.06.050, as that section may be amended from time to time. All other Task Orders shall be approved by the City Council prior to the commencement of the Services. It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under the On - Call Contracts through Task Orders.

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

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

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, 3-
18 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 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.
4-
19 a) Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. b) The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor' s exclusive direction and control.

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

SECTION 9. STANDARD OF PERFORMANCE.

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

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

Contractor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Contractor shall obtain any and all licenses, permits and 20 authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this section.

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

SECTION 12. NONDISCRIMINATION.

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

SECTION 13. UNAUTHORIZED ALIENS.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S. C.A. §§ 1101, et gA., 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 WE
21 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 Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. 7-
22 SECTION 16. INDEMNIFICATION.
a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Contractor' s services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (" Indemnified Parties") from and against any and all liability ( including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys' fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor, in the performance of professional services under this Agreement. b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability ( including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys' fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. c) Indemnification from Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Contractor fails to obtain such indemnity obligations from others as required herein, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section. d) City' s Negligence. The provisions of this section do not apply to claims occurring as a result of City's sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.

SECTION 17. INSURANCE.

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

SECTION 18. ASSIGNMENT.

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

Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 " Termination of Agreement." City acknowledges, however, that Contractor, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.

SECTION 19. CONTINUITY OF PERSONNEL.

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

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

SECTION 21. DEFAULT.

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

SECTION 22. EXCUSABLE DELAYS.

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

SECTION 23. COOPERATION BY CITY.

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

SECTION 24. NOTICES.

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

To City: City of Eastva le
Attn: City Manager
12363 Limonite Ave., Suite 910
Eastvale, CA 91752
To Contractor: Wallace & Associates Consulting, LLC
Attn: Carl Wallace
PO Box 909
Murrieta, CA 92564
10-
25 Notice shall be deemed effective on the date personally delivered or, if mailed, three ( 3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. AUTHORITY TO EXECUTE.

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

SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

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

SECTION 27. BINDING EFFECT.

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

SECTION 28. AMENDMENT.

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

SECTION 29. WAIVER.

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

Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. 11-
26 SECTION 30. LAW TO GOVERN; VENUE.

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

SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.

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

SECTION 32. ENTIRE AGREEMENT.

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

SECTION 33. SEVERABILITY.

If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision( s). 12-
27 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.

ATTEST:
0 Marc Donohue
City -Clerk -

APPROVED AS TO FORM
Erica Vega
City Attorney

CITY OF EASTVALE
Henry Garcia
Interim City Manager
13-
28 i
29 Wallace Associates Consulting, LLC
By:

Name:

Its: 5 NIOA. VIDE Iy/ 2fi5taeoT
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.
14-
30 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
31 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
32 not less than $ 2,000, 000 shall be considered equivalent to the said required minimum limits set forth above.
3) Workers' Compensation. Workers' Compensation as
required by the Labor Code of the State of California of not less than $ 1,000, 000 per occurrence.
4) Professional Liability. $ 1,000, 000 per occurrence.

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

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

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

3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation C- 2
33 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
34 Task Order A-3
to
On-Call Professional Services Agreement with Wallace & Associates

A. Contractor will provide the following Services:

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

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

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

4. Review soils compaction reports.

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

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

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

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

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

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

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

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

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

14. Prepare monthly pay estimates.

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

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

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

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

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

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

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

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

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

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

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

26. Facilitate contract negotiations.

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

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

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

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

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

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

Compensation for the foregoing Services will be at the hourly rate of $130 and will not exceed 1,000 hours per an inspector per a fiscal year.

38 AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.3
May
8, 2024
Award a Construc)on Contract to 5 Star General Construc)on, LLC. for the City Hall Expansion Tenant Improvement Project in the amount of $223,496
Prepared By:

Annette Cano-Soza, Assistant Engineer
Recommended Action(s)
Staﬀ recommends that the City Council approve the contract with 5 Star General Construcon LLC, the lowest responsible bidder, in accordance with unit bid prices in the amount of $194,344.57 plus 15% conngency for a total of $223,496 for the City Hall Expansion Tenant Improvement project and authorize the City Manager to execute all necessary documents including the Noce of Compleon.

Summary
City Hall is currently located at 12363 Limonite Avenue, Suites 900, 910 and 940 in the Eastvale Gateway II Shopping Center. It is approximately 6,348 square feet and provides staﬀ workspaces, a conference room, Council Chambers and a public counter to assist residents and developers. The proposed expansion would allow for an addional 2,290 square feet, which will include, oﬃce space, breakroom and additional staff workspaces.

The general work items for this project include, but are not limited to; demo, framing, grid, ulies, door installaon, hardware, electrical, ﬁre sprinklers, plumbing, ﬂooring, cabinets, HVAC, paint and project management.

Background
The call for bids was posted on the City’s website and City of Eastvale Vendor Portal through "PlanetBids" on April 17, 2024. The City received two (2) electronic bids by the May 1, 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
39 2024, deadline.

The bid results are as follows:

5 Star General Construction, LLC $194,344.57
BCM Group, Inc. $279,000.00

AEer review of the bids received, staﬀ has determined that 5 Star General Construcon, LLC is the lowest responsive and responsible bidder with a total bid price of $194,344.57. 5 Star General Construcon LLC, holds a valid Class B/C54 Contractor’s license in the State of California. 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 Notice to Award.

Construction is anticipated to begin in late May of 2024 assuming no complications with the contract execuon process. The contract allows for a total of 25 working days to complete the required work.

The work is expected to be completed in July of 2024.

Environmental
This project is exempt from California Environmental Quality Act per Secon 15301 (Exisng Facilites), Staff has completed and will file a Notice of Exemption.

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

Fiscal Impact
The total ﬁscal impact for the construcon contract is $223,496. There is suﬃcient budget in account 600-295-6650, project 95022 for fiscal year 2023-24.

Prior City Council/Commission Action
March 27, 2024 - City Council approved a Lease Agreement for City Hall expansion.

Attachment(s)
Attachment 1 - NOE TI Expansion.pdf

Attachment 2 - Contract.pdf

Attachment 3 - Bid Packet.pdf

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
40 NOTICE OF EXEMPTION

TO BE SENT TO: LEAD AGENCY:



County of Riverside County Clerk
P.O. Box 12004
Riverside, CA 92502

Office of Planning and Research
P.O. Box 3044
1400 Tenth Street, Room 113
Sacramento, CA 95812-3044

CITY OF EASTVALE
12363 Limonite Avenue, Suite 910
Eastvale, CA 91752

PROJECT CASE NO: CIP Project # 95021
PROJECT TITLE: City Hall Expansion Tenant Improvement Project PROJECT APPLICANT: Public Works Department, City of Eastvale PROJECT LOCATION: 12363 Limonite Avenue, Suite 950 Eastvale, CA 91752 CITY: Eastvale COUNTY: Riverside APN(s): 160-030-073
PROJECT DESCRIPTION: The proposed project is tenant improvement for City Hall Expansion. The project scope includes, but not limited to, demo, framing, grid, utilities, door installation, hardware, electrical, fire sprinklers, plumbing, flooring, cabinets, HVAC, paint and project management.

AGENCY APPROVING PROJECT: City of Eastvale, Public Works Department NAME OF PERSON OR AGENCY CARRYING OUT PROJECT : Jimmy Chung, Public Works Director/City Engineer
The project or activity identified above is determined to be exempt from further environmental review requirements contained in the California Environmental Quality Act (CEQA).

EXEMPT STATUS:
 Ministerial (Sec. 21080(b)(1); 15268);
 Declared Emergency (Sec. 21080(b)(3);15269(a));
 Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
 Categorical Exemption. State type and section no: Class 1: Existing Facilities (Section 15301)  Statutory Exemptions. State code number: ____________________________________________ REASONS TO SUPPORT EXEMPTION FINDING (attach if needed):

Pursuant to the provisions of the California Environmental Quality Act (CEQA Public Resources Code, Section 21083 et. Seq.), this project meets the criteria for a Categorical Exemption under Section 153 01 (Class 1 – Existing Facilities) of the CEQA Guidelines in that the proposed project involves negligible or no expansion of use consistent with the criteria set forth in Section 15301). No further environmental review pursuant to CEQA is required.

LEAD AGENCY CONTACT: Jimmy Chung TELEPHONE: (951) 703-4409 SIGNATURE: DATE: 05/08/2024 TITLE: City Planner

41 CONTRACT AGREEMENT

BETWEEN

THE CITY OF EASTVALE
AND
5 STAR GENERAL CONSTRUCTION, LLC

This Agreement for Construction Services (“Agreement” or “Contract”), is made and entered into this ___ day of ________, 20 24, 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 5 Star Construction, LLC, a California limited liability company (“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 City Hall Expansion Tenant Improvement 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 documents listed in Exhibit “A” , including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto.

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 City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the City Hall Expansion Tenant Improvement 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 he reto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “A” attached hereto and incorporated herein by this reference.

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 42 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 25 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 su ch 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 One Thousand Dollars ($1,000.00) 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.

Finally, Contractor rep resents 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 suc h 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 C ontract, the City shall pay to Contractor, as full consideration for the satisfactory performance by the Contractor of the services and obligations required by this Contract, the above referenced compensation in accordance with compensation provisions set forth in the Contract.
43 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 One Hundred Ninety F our Thousand Three Hundred Forty Four Dollars and 57/100 Cents ($ 194,344.57) ("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 t he 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 t he 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 expen ses, 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 44 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 eq uivalent 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 compl etion 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, n or 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 damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause.
45 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.

City shall thereupon inspect the Work. If the Work is n ot 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 proce eds 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 a ny 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 Represen tative, 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.

SECTION 20. LOSS AND DAMAGE
Contractor shall be responsible for all loss and damage which may arise out of the nature of the 46 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 responsibl e 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, t o 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 a nd 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, offic ials, 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 insurance:
47 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 cove rage 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 p olicy 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 regar dless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.
(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 48 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 t o 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 insur ance 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, subcontract or, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this Agreement to self -insure its obligations to City. City expressly approves 49 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 t his 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 an y 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 renewi ng 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, offic ials 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 c overage 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, to the extent that any other section or provision conflicts with or impairs the provisions of this Section.
50 (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 t he 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 f urther 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 a lteration 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 51 California Code of Civil Procedure, and proof of such is provided to the City.

Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving 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 shori ng, fall protection and other safety devices, equipment and wearing app arel 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.

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 l imitation, 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 th e 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 52 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.

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 clai m 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 t rench 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 sc heduled 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 53 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.

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 work s" 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 responsibili ty for compliance with said section for all apprenticed occupations shall be with Contractor.

It is Contractor’s responsibility to submit contract award information for reach craft required on the Project using the appropriate form prepared by the Division of Apprenticeship Standards (“DAS”) within the California Department of Industrial Relations (DIR)—currently the “DAS 140 form.” A copy of the current DAS 140 form is available at https://www.dir.ca.gov/DAS/DASForm140.pdf. If Contractor is approved to train apprentices, Contractor must send the required information to its apprenticeship committe e. If Contractor is not approved to train apprentices, Contractor must send the information to all apprenticeship committees that can supply apprentices to the site of the public works project.

It is Contractor’s responsibility to make training fund contributions in the amount established in the prevailing wage rate – either to the applicable apprenticeship committee, or the California Apprenticeship Council (CAC).

It is Contractor’s responsibility to contact the applicable apprenticeship committee to request apprentices for each craft or trade on the Project using the appropriate form DIR, currently the DAS 142 form. A copy of DAS 142 is available at
https://www.dir.ca.gov/DAS/DASForm142.pdf. The form must be submitted at least three business days before apprentices are required.

More information is available on DIR’s website. https://www.dir.ca.gov/Public - Works/Apprentices.html Contractor is responsible for complying with any updated guidance, and using any updated forms, provided by DIR.

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 54 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, a nd 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 "B" and incorporated herein by reference, shall be executed simultaneously with this Contract.

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

SECTION 37. EQUAL OPPORTUNITY EMPLOYMENT
Contractor represents that it is an equal opportunity employer and that it shall not discrimi nate 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.

38. CARB IUOR FLEET CERTIFICATION
Contractor must execute Exhibit “C” (California Air Resources Board In -Use Off-Road Diesel- Fueled Fleets Certification) completed, with Contractor’s Certificate of Reported Compliance included if applicable, in accordance with the provisions of Exhibit “C” . City will not award a Contract to a Contractor that does not indicate conformance to the California Air Resources Board (CARB) In-Use Off-Road Diesel-Fueled Fleets requirements (Title 13 CCR sections 2449, 2449.1 and 2449.2).

SECTION 39. 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 ri ghts, 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 40. 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:

55 CITY CONTRACTOR

City of Eastvale 5 Star General Construction, LLC
12363 Limonite Ave., Suite910 1491 El Paso Drive
Eastvale, CA 91752 Norco, CA 92860
Attn: Jimmy Chung, City Engineer Attn: Warren F. Smith, Jr

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 41. ENTIRE CONTRACT; MODIFICATION
This Agreement, including the attached Exhibits “A” through “C”, the advertised bid documents, associated addenda, 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 42. TIME IS OF THE ESSENCE
Time is of the essence in the performance of this Contract.

SECTION 43. 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 44. GOVERNING LAW
This Contract shall be governed by the laws of the State of California.

SECTION 45. COUNTERPARTS
This Contract may be executed in counterparts, each of which shall constitute an original.

SECTION 46. 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 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. 56 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 considera tion 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 5 STAR GENERAL CONSTRUCTION, LLC

By: _________________________ By: _________________________ Signature Signature

_________________________ _________________________
Name Name

_________________________ _________________________
Title Title

Attest: Attest:
_________________________ _________________________
City Clerk Secretary

_________________________
Classification of Contractor’s License

_________________________
Contractor’s License Number

57 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), Rive rside 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 Addenda for: City Hall Expansion Tenant Improvement Project # 95021
58 EXHIBIT "B" 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.

5 STAR GENERAL CONSTRUCTION, LLC

By:

Warren F. Smith, Jr.

CEO

59 EXHIBIT "C" IN-USE OFF-ROAD DIESEL-FUELED FLEETS

The undersigned Contractor certifies to City as set forth in sections 1 through 2, below.

1. Certification of Compliance. I hereby certify that I and all of my Subcontractors will conform to the California Air Resource Board (CARB) In -Use Off -Road Diesel -Fueled Fleets requirements for all work involving the use of vehicles subject to the regulations, including, without limitation, as applicable, the Contracting Requirements in Title 13 CCR section 2449, subdivision (i), subparts (1) – (4), and the Prime Contractor Requirements in Title 13 CCR section 2449, subdivision (j), subparts (1) – (5).

2. Instructions. Check one (1) box below.

☐ Contractor’s current CARB issued Certificate of Reported Compliance accompanies this Certification. (If this box is checked, the Certificate must be provided.) ☐ Contractor certifies that its work on the Project (including work of its Subcontractors) does not involve the use of vehicles subject to the CARB In-Use Off-Road Diesel-Fueled Fleets requirements.
5 STAR GENERAL CONSTRUCTION, LLC

By:

Warren F. Smith, Jr.

CEO
60 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 24, with _ 5 Star General Construction, LLC_________________ hereinafter designated as the “Contractor” for the work described as follows:

City Hall Expansion Tenant Improvement 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 One Hundred Ninety Four Thousand Three Hundred Forty Four Dollars and 57/100 ($194,344.57), 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 alte rations 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 sha ll indemnify and save harmless the City, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.

As a condition precedent to the satisfactory completion of the said Contract, the above obligation in said amount shall hold good for a period of one (1) year after the completion and acceptance of the said work, during which time if the above bounded Cont ractor, 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 61 4878-1341-4839 v2 21

obligation in the said sum shall remain in full force and effect. However, anything in this paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Contractor remains.

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

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

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of _______________________, 2024.

____________________________________ ____________________________________ 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 62 4878-1341-4839 v2 22

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). 63 PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS:

THAT, WHEREAS, THE CITY OF EASTVALE, hereinafter designated as the “City”, has awarded to _______5 Star General Construction, LLC ______________, hereinafter designated as the “Contractor” a Contract for the work described as follows:

City Hall Expansion Tenant Improvement 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 One Hun dred Ninety Four Thousand Three Hundred Forty Four D ollars and 57/100 ($194,344.57) 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 a nd 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 9100, or shall fail to pay for amounts due u nder 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 9100 of the Civil Code, so as to give a right of action to them or to their assigns in any suit brought upon this bond.

And the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way a ffect 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. 64 4878-1341-4839 v2 24

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _________ day of ___________________________, 2024.

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 suspen ded and confirming that the Surety is an admitted surety and attaching the certificate to the bond. (See Cal. Code Civ. Proc. Code § 995.311). 65 APPENDIX

• Appendix 1: City Hall Expansion TI (for reference only • Appendix 2: As-built - Limonite Dental TI Drawings

66 4878-1341-4839 v2 26

Appendix 1: City Hall Expansion TI (for reference only)

67 68

4878-1341-4839 v2 27

Appendix 2: As-built - Limonite Dental TI Drawings

69 70
71 72
73 74

BID DOCUMENTS FOR

PROJECT #95021

CITY HALL EXPANSION TENANT IMPROVEMENT PROJECT

Bids due: 5:00 pm on May 1, 2024
Mandatory Pre-Bid Meeting: April 22nd at 9:00 am

For pre-bid information, contact:

Annette Cano-Soza, Assistant Engineer
Telephone: (951) 703-4409, E-mail: [email protected] Public Works Department

12363 Limonite Ave., Suite 910, Eastvale, CA 91752
All questions shall be submitted on Planet Bids
75 TABLE OF CONTENTS

PAGE

SECTION A. NOTICE INVITING SEALED BIDS ............................................................................. 4 SECTION B. INSTRUCTIONS TO BIDDERS ...................................................................................... 8 SECTION C. BID PROPOSAL .................................................................................................................. 17 (The following documents are to be submitted with Bid Proposal) • Bid Proposal Signature and Notary Seal ........................................................................................... 19 • Bid Schedule ............................................................................................................................................ 20 • Bid Bond .................................................................................................................................................... 23 • Noncollusion Affidavit ........................................................................................................................... 24 • Experience Qualifications Statement ................................................................................................. 25 • Designation of Sub-Contractors........................................................................................................... 26 • Public Contract Code (Statement and Questionnaire) ................................................................... 27

SECTION D. TECHNICAL SPECIFICATIONS ................................................................................ 29

1. ...............................................................................................................................................................

EXISTING FACILITIES .................................................................................................................. 29

2. ...............................................................................................................................................................

CONTROL OF MATERIALS ........................................................................................................ 30

3. ...............................................................................................................................................................

PROGRESS SCHEDULE ................................................................................................................ 30

4. ...............................................................................................................................................................

INCLEMENT WEATHER PROTECTION ............................................................................... 31

5. ...............................................................................................................................................................

UNIT PRICE CONTRACT ............................................................................................................. 31

6. ...............................................................................................................................................................

PRESERVATIONOF PROPERTY ............................................................................................... 31

7. ...............................................................................................................................................................

AESTHETIC CLEAN UP ................................................................................................................ 32

8. ...............................................................................................................................................................

ORDER OF WORK ........................................................................................................................... 33

9. ...............................................................................................................................................................

PUBLIC NOTIFICATION .............................................................................................................. 34

10. .............................................................................................................................................................

DUST CONTROL .............................................................................................................................. 34

11. ............................................................................................................................................................. 76 CONSTRUCTION STAKING AND SURVEYS……………………………………..34

12. ................................................................................................................................

RECORD DRAWINGS………….…………………………………………………….35

13. ................................................................................................................................

BID ITEMS…………………………………………………………………………….35

SECTION E. SAMPLE CONTRACT AGREEMENT ...................................................................... 50 • ..............................................................................................................................................................

Contract Agreement .......................................................................................................................... 50 • ..............................................................................................................................................................

Performance Bond .............................................................................................................................. 73 • ..............................................................................................................................................................

Labor and Material Bond .................................................................................................................. 75

APPENDIX
• Appendix 1: City Hall Expansion TI (for reference only) • Appendix 2: As built - Limonite Dental TI Drawings

77 4

SECTION A. NOTICE INVITING SEALED BIDS

NOTICE IS HEREBY GIVEN that the City of Eastvale will receive electronic bids only, via the online bidding service PlanetBids, until 5:00pm local time on May 1, 2024, for furnishing all labor, material, tax, transportation, equipment, and services necessary for the:

City Hall Expansion Tenant Improvement Project

Immediately after 5:00 pm, on said May 1 , 2024, the bids results will automatically be made public in the bid management system upon bid closing . Bids shall be prepared in strict conformance with the Instructions to Bidders.

All bidders are invited to attend a mandatory pre-bid meeting which will be held at the project site (12363 Limonite Avenue, Suite 950) on Monday, April 22, 2024 at 9:00AM.

A-1. Description of Work
The proposed work shall be performed in accordance with the plans, specifications and other contract documents and shall consist of the following:

The Work comprises furnishing all materials, equipment, tools, labor and incidentals as required by the Plans, Specifications, and Contract Documents for the above stated Project. The general items of work to be performed hereunder include but are not limited to: demo, framing, grid, utilities, door installation, hardware, electrical, fire sprinklers, plumbing, flooring, cabinets, HVAC, paint and project management.

A-2. Obtaining Contract Documents
Plans, specifications and other contract documents may be viewed on PlanetBids (www.planetbids.com). Interested bidders must register with PlanetBids to be placed on the Planholder list.

A-3. Submission of Bids
Bids must be submitted on the City’s Bid Forms available to registered vendors at www.eastvaleca.gov by selecting “RFP Postings” under “Business” on the home page . Plans, specifications and other contract documents may be downloaded.

Electronic modifications to or withdrawal of bids may be made by the bidder prior to the bid closing deadline. All bids must be submitted no later than the time prescribed. The bidder is wholly responsible to submit their electronic bid on time. The City will only consider bids that have been transmitted successfully and have been issued an e -bid confirmation number with a time stamp from the Bid Management System indicating that bid was submitted successfully.

Each bid must conform and be responsive to this notice and shall be made on the official proposal forms furnished with the contract documents.
78 5

Attention is directed to the provisions of Business and Professions Code section 7028.15, which makes it a misdemeanor for any person without a valid contractor’s license (with specific exceptions) to submit a bid to act as a Contractor to a public agency.

A-4. Bid Guarantee
Each bid must be accompanied by cash, a cashier’s check, certified check or bid bond, executed on the prescribed form, in an amount not less than ten (10) percent of the total bid price payable to the City of Eastvale.

The cash, cashier’s check, certified check or bid bond shall be given as a guarantee that the successful bidder will enter into a written contract within ten (10) days after being requested to do so and will be considered as the stipulated amount of liquidated damages in the event the bidder is unable to or refuses to execute a contract for the work. Upon an award to the successful bidder, the security of unsuccessful bidders shall be returned in a reasonable period of time.

Bidders are hereby notified that in accordance with the provisions of Public Contracts Code section 22300, securities may be substituted for any monies, which the City may withhold pursuant to the terms of this Contract to ensure performance.

If the bidder elects to provide a bid bond, the bond shall be furnished by a company that is authorized and licensed by the Insurance Commissioner as an “admitted surety insurer.” Bid Security shall be submitted as follows
• Paper Hard Copy Bid Bond. If the Bidder’s Bid Security is in the form of a hard copy of the Bid Bond, the original copy Bid Bond, along with the Attorney -In-Fact Certificate and Surety Resolutions attesting to the appointment and authority of the Attorney -In-Fact must be mailed and received by the City of Eastvale before the latest date/time for submitting Bid Proposals. If the hard copy Bid Bond is received by the City after the latest date/time for submitting Bid Proposals will result in rejection of the Bidder’s Bid Proposal for non -responsiveness. The submitted hard copy Bid Bond must include original signatures of the Bidder/Principal, Surety Attorney -In-Fact and Notary Public.

Bid Security in the form of a hard copy Bid Bond must be mailed by the Bidder to the Public Works Department in a sealed envelope wit the exterior prominently marked with the Bidder’s name, Project Name and Bid Number. The City of Eastvale Public Works Department address is:

12363 Limonite Ave Suite 910
Eastvale, CA 91752

electronic Bid Bonds in satisfaction of Bid Security requirements as an accommodation to Bidders. The City is not responsible to Bidders for: (i) Surety2000 acts or omissions; (ii) the complete/timely verification of electronically issued Bid Bonds; or (iii) any other errors in the electronically issued Bid Bond.

A-5. Construction License
The successful bidder and/or its subcontractors must possess a current Class A or Class B Contractor’s License issued by the State of California t o cover all of the work to be performed under this project. The successful bidder must also be or team with a certified installer of the Mobile Modular (or approved equal) specified unit. No offsite work can be completed without a Class A license.

Effective April 1, 2015, Contractors and subcontractors bidding and performing work on public works project must register on an annual basis with Department of Industrial Relations (DIR).

A-6. Award
The award shall be made to the lowest responsible bidder submitting the lowest responsive bid.

The award of Contract will be made by the City Council. The Contractor shall execute the Contract within ten (10) days after he has received the Contract from the City.

The City reserves the right to waive any irregularity in the proposals. No bid may be withdrawn for a period of sixty (60) days after the opening of bids.

A-7. Rejection of Bids
The City reserves the right to reject any and all bids. Any bid not conforming to the intent and purpose of the Contract documents may be rejected. The City reserves the right to make all awards in the best interest of the City.

A-8. Disqualification of Bidder
If there is a reason to believe that collusion exists among any bidders, none of the bids of the participants in such collusion will be considered and the City may likewise elect to reject all bids received.

A-9. Relief of Bidder
Attention is directed to the provisions of Public Contracts Code section 5101 and following, concerning relief of bidders and in particular to the requirements therein that if the bidder claims a mistake was made in his bid, the bidder shall give the City written notice, within five (5) calendar days after the opening of bids of the alleged mistake, specifying in the notice, in detail, how the mistake occurred.
80 7

A-10. Bonds
The successful bidder will be required to furnish, prior to the performance of any work hereunder, a payment bond in an amount equal to one hundred percent (100.0%) of the Contract price, and a faithful performance bond in an amount equal to one hundred percent (100.0%) of the Contract price. The bonds must be approved by the City. Each bond must be furnished by a company, acceptable to the City, that is authorized and licensed by the Insurance Commissioner as an “admitted surety insurer” and which maintains at least one officer in California for conducting business. Prior to such approval, 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).

A-11. Questions
Project-specific questions must be made in writing and sent to Annette Cano -Soza at [email protected]. If appropriate, the City will post responses in the form of addenda to the documents. The cutoff date for submittal of questions is April 23rd , 2024 by 12:00 p.m.

Pacific Standard Time.

CITY OF EASTVALE, CALIFORNIA

Date: _________________________ By: ____________________________________ Jimmy Chung, P.E.

Public Works Director/City Engineer
12363 Limonite Ave., Suite 910
Eastvale, California, 91752

04/17/2024
81 8

SECTION B. INSTRUCTION TO BIDDERS

B-1. Introduction
Each bid shall be in accordance with the Contract Documents. The Invitation to Bid will specify whether Contract Documents are available on a purchase or deposit basis. Where payment for such sets is specified, no refund will be made.

B-2. Local Conditions
The quantities of work or material stated in the unit price items of the Bidding Schedule are given only as a basis for the comparison of Bids, and the City does not represent or warrant that the actual amount of work or material will correspond therewith, but reserves the right to increase or decrease the quantity of any unit price item of the work as may be deemed necessary or expedient by the City Engineer or designated representative.

The Bidder shall examine carefully the site of the work contemplated and the Contract Documents. The submission of a proposal shall be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and quantities of work to be performed and the materials to be furnished, and as to the requirements of the Contract Documents.

Where the City Engineer has made investigations of surface and subsurface conditions in areas where work is to be performed under the Agreement, or in other areas, some of which may constitute possible local material sources, such investigations were made only for the purpose of study and design. Where such investigations have been made, bidders or Contractor may, upon written request, inspect the records of the City Engineer as to such investigations subject to and upon the conditions hereinafter set forth. Such inspection of records may be made at the office of the City Engineer.

The records of such investigations are not a part of the Agreement and are made available for inspection solely for the convenience of the bidder or Contractor. It is expressly understood and agreed by bidder or Contractor that neither the City nor the City Engineer assumes any responsibility whatsoever with respect to the sufficiency or accuracy of the investigations thus made, the records thereof, or of the interpretation set forth therein or made by the City Engineer in its use thereof and there is no representation, warranty or guarantee, either express or implied, that the conditions indicated by such investigations or records thereof are correct or representative of those existing throughout such areas or any part thereof, or that unanticipated developments may not occur or that materials other than, or in proportions different from, those indicated may not be encountered.

When a log of test borings showing a record of the data obtained by the City Engineer’s investigation of the subsurface conditions is included with the drawings, it is expressly understood and agreed by bidder that the log of test borings does not constitute a part of the Agreement, represents only the opinion of the City Engineer as to the character of the materials 82 9

encountered in the test borings, is included with the plans only for the convenience of bidders and its use is subject to all of the conditions and limitations set forth in this Section. Water levels that may be shown on a log of test borings are valid only for the stated date of observation. The water level may change from season to season and from year to year.

The availability or use of information described in this Section or the special conditions (Exhibit “C”) is not to be construed in any way as a waiver of the provisions of this Section and a bidder or Contractor is cautioned to make such an investigation and examination as it deems necessary to satisfy itself as to conditions to be encountered in the performance of the work and, with respect to possible local material sources, the quality and quantity of material available from such property and the type and extent of processing that may be required in order to produce material conforming to the requirements of the Specifications.

No information derived from such inspection of records of investigations or compilations thereof made by the City Engineer or its assistants will in any way relieve the bidder or Contractor from any risk or from properly fulfilling the terms of the Agreement.

Information derived from inspection of topographic maps, or from Plans showing location of utilities and structures will not in any way relieve the Contractor from any risk, or from properly examining the site and making such additional investigations as it may elect, or from properly fulfilling all the terms of the Agreement.

Each bidder shall inform itself of, and the bidder awarded an Agreement, shall comply with, Federal, State and Local laws, relative to the execution of the work. This requirement includes, but is not limited to, applicable laws and regulations concerning employment of labor, protection of public and employee safety and health, environmental protection, the protection of natural resources, fire protection, burning and non-burning requirements, permits, fees, and similar subjects.

B-3. Form of Bid and Signature
Bids shall be submitted only on the forms attached hereto and shall be enclosed in a sealed envelope and marked and addressed as hereinafter directed. The Bidder shall state in figures the unit prices or the specific sums as the case may be, for which it proposes to supply the labor, materials, supplies or machinery, and perform the work required by the Specifications. If the Bid is made by an individual, it shall be signed by the individual and the individual’s full name and address shall be given; if it is made by a partnership, it shall be signed with the co -partnership name by a member of the partnership, who shall also sign the member’s own name, and the name and address of each member of such partnership shall be given; and, if it is made by a corporation, the name of the corporation shall be given and it shall be signed by its duly authorized officer or officers attested by the corporate seal, the name and titles of all officers of the corporation shall be given, and the address of the corporation and the state in which incorporated shall be stated.

Bids will be considered only from persons licensed as required under applicable provisions of the Contractors License Law (California Business and Professions Code section 7000, et seq.) and regulations adopted pursuant thereto; and each bidder shall insert his type of contractor’s license, 83 10

license number, and other requested information in the place provided in the bid. No oral, telephonic or telegraphic Bid or modification of a Bid will be considered.

B-4. Submission of Bids
All Bids must be submitted no later than the time prescribed, at the place and in the manner set forth in the Invitation to Bid. Bids must be made on the prescribed Bid forms. A complete Bid requires submission of fully completed contract documents. Each Bid must be submitted in a sealed envelope addressed to the City Clerk and designated as a Bid bearing the name of the bidder and name of the project. The bidder is wholly responsible to see that its Bid is submitted at the time and place named for the opening of bids.

Bids shall include all addenda or clarifications issued during the bidding period acknowledged by the bidder’s signature thereon. Failure to so include or acknowledge an addendum or clarification will result in the Bid being rejected as not responsive.

Bids shall be opened at the time and place specified in the Invitation to Bid, unless changed by addendum.

B-5. Preparation of Bid
Blank spaces in the Bid shall be properly completed. The phraseology of the Bid must not be changed and no additions shall be made to the items mentioned therein. Unauthorized conditions, limitations or provisions attached to a Bid will render it unresponsive and will cause its rejection. If erasures, interlineations or other changes appear on the form, each erasure, interlineation or change must be initialed by the person signing the Bid. Alternative bids will not be considered unless specifically provided for in the Bidding Schedule. No Bid received after the time fixed, or received at any place other than the place stated in the Invitation to Bid will be considered. All bids will be opened and read publicly. Bidders, their representatives and other interested parties are invited to be present at the opening. Where bonds are required, the bidder shall name in its Bid the surety or sureties who have agreed to furnish said bonds.

B-6. Bid Security
All Bids shall be accompanied by a Bid Security. Such Bid Security shall include cash, cashier’s or certified check made payable to the City or a Bid Bond executed by an admitted surety insurer. The Bid Security must be enclosed in the same envelope with the Bid. The amount of the Bid Security shall be not less than ten percent (10%) of the total amount of the Bid.

The Attorney -in-Fact (resident agent) who executes the Bid Bond on behalf of the surety company must attach a copy of his Power of Attorney as evidence of his authority. A notary shall acknowledge the power as of the date of execution of the surety bond which it covers.

Bid Bonds must be provided on the Bid Bond form set forth in Section C. The Bid Bond must be furnished by a company, acceptable to the City, that is authorized and licensed by the Insurance Commissioner as an “admitted surety insurer” and that maintains at least one office in California for conducting business. Bid Security shall be submitted as follows:
84 11

• Paper Hard Copy Bid Bond. If the Bidder’s Bid Security is in the form of a hard copy of the Bid Bond, the original copy Bid Bond, along with the Attorney -In-Fact Certificate and Surety Resolutions attesting to the appointment and authority of the Attorney -In-Fact must be mailed and received by the City of Eastvale before the latest date/time for submitting Bid Proposals. If the hard copy Bid Bond is received by the City after the latest date/time for submitting Bid Proposals will result in rejection of the Bidder’s Bid Proposal for non -responsiveness. The submitted hard copy Bid Bond must include original signatures of the Bidder/Principal, Surety Attorney -In-Fact and Notary Public.

12363 Limonite Ave Suite 910
Eastvale, CA 91752

• Electronic Bid Bond. Bid Security may be submitted in the form of a verified electronic Bid Bond. If an electronic Bid Bond is submitted as the Bid Security, the electronic Bid Bond will be accepted only if the electronically issued Bid Bond is in the form and content included with the Contract Documents and issuance of the electronic Bid Bond is verified through Surety2000 (http://www.surety2000.com/). Bidder submitting an electronic Bid Bond are solely responsible for completing Surety2000 registration requirements and payment of Surety2000 fees and charges. The City will accept electronic Bid Bonds in satisfaction of Bid Security requirements as an accommodation to Bidders. The City is not responsible to Bidders for: (i) Surety2000 acts or omissions; (ii) the complete/timely verification of electronically issued Bid Bonds; or (iii) any other errors in the electronically issued Bid Bond.

B-7. List of Subcontractors
(a) Each bidder shall set forth in his Bid on the form provided the following information in accordance with the provisions of Public Contract Code sections 4100-4113:
(1) The name, location of the place of business, and contract license number of each Subcontractor who will perform work or labor or render service to the prime Contractor in or about the construction of the work or improvement, or a Subcontractor licensed by the State of California who, under subcontract to the prime Contractor, specifically fabricates and installs a portion of the work or improvement according to the Contract Documents, in any amount in excess of one -half of one percent (0.5%) of the prime Contractor’s total Bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one -half of one percent (0.5%) of the Contractor’s total bid or ten thousand dollars ($10,000), whichever is greater.
(2) The portion of the work which will be done by each such Subcontractor, only one Subcontractor shall be listed for each such portion of the work as defined in the Bid. 85 12

(3) The bidder is considered the prime contractor and shall perform at least fifty-one percent (51.0%) of the work, as determined by a percentage of the value of the work. (b) If the bidder fails to specify a Subcontractor for any portion of the work to be performed under the Contract pursuant to Section B-7(a) above, the bidder agrees to perform that portion of the work itself.

B-8. Interpretation of Contract Documents
Any explanation desired by the bidders regarding the meaning or interpretation of any of the Contract Documents must be requested in writing, with sufficient allowance of time for receipt of reply before the time set for opening of Bids. Any such explanations or interpretations will be made in the form of addenda to the documents and will be furnished to all bidders who shall submit all addenda with their Bids. Neither the City Engineer nor any representative of the City is authorized to give oral explanations or interpretations of Contract Documents, and a submission of a Bid constitutes agreement by the bidder that it has placed no reliance on any such oral explanation or interpretation. However, the City Engineer may, upon inquiry by bidder, orally direct the bidder’s attention to specific provisions of the Contract Documents which cover the subject of the inquiry.

B-9. Modification of Bids
A bidder may modify its Bid by written communication provided such communication is received by the City prior to the closing time for receipt of Bids. The written communication should not reveal the Bid price but should state the addition or subtraction or other modification so that the final prices or terms will not be known by the City until the sealed bid is opened.

B-10. Withdrawals of Bids
Bids may be withdrawn without prejudice by written requests received from bidder prior to the time for opening of Bids, and Bids so withdrawn will be returned to bidders unopened when reached in the process of opening Bids. No bid may be withdrawn after the hour affixed for opening Bids without rendering the accompanying Bid Security subject to retention as liquidated damages in like manner as in the case of failure to execute the Agreement after award, as in the Contract Documents herein provided. Negligence on the part of the bidder preparing his bid shall not constitute a right to withdraw the Bid subsequent to the opening of Bids. The bonds must be approved by the City. Prior to such approval, the Surety shall provide the documentation required by California Code of Civil Procedure section 995.660.

B-11. Discrepancies
In the case of discrepancy between unit prices and totals, unit prices will prevail. In case of discrepancy between words and figures, words will prevail. 86 13

B-12. Servicing and Maintenance
Each bidder must, if requested, furnish evidence that there is an efficient service organization which regularly carries a stock of repair parts for the proposed equipment to be furnished and installed in the work and that the organization is conveniently located for prompt service.

B-13. Disqualification of Bidders
More than one Bid from an individual, firm, partnership or corporation under the same or different names will not be considered. Reasonable grounds for believing that any individual, firm, partnership or corporation is interested in more than one Bid for the work contemplated may cause the rejection of all Bids in which the individual, firm, partnership or corporation is interested. If there is reason for believing that collusion exists among the bidders, any or all Bids may be rejected. Bids in which the price is obviously unbalanced may be rejected.

All bidders are put on notice that any collusive agreement fixing the prices to be bid so as to control or affect the awarding of this Contract is in violation of the competitive bidding requirements of the Public Contract Code and may render void any Contract let under such circumstances.

B-14. Award of Contract (Agreement)
The City reserves the right to accept or reject any and all Bids for a period of sixty (60) days after the date of opening, and to waive any informality or irregularity in any Bid. No Bid can be withdrawn during that period.

The City reserves the right to reject any or all Bids, including, without limitation, the right to reject any non-conforming, non-responsive, unbalanced, or conditional bids.

Before a Bid is considered for award, the City may, in addition to the Experience Qualifications form set forth in Section C, require a bidder to submit a statement of facts and detail as to his business, technical organization and financial resources and equipment available and to be used in performing the work. Additionally, the City may require evidence that the bidder has performed other work of comparable magnitude and type. The City expressly reserves the right to reject any Bid if it determines that the business and technical organization, equipment, financial and other resources or other experience of the bidder (including the bidder’s Subcontractors) is not sufficiently qualified for the work bid upon and, therefore, justifies such rejection.

The award of the Contract, if it is awarded, will be to the responsible bidder submitting the lowest responsive bid. Within seven (7) days after the date of bid opening, the responsible bidder with the lowest, responsive bid shall deliver to the City, in a form acceptable to the City, a complete cost breakdown for the project herein bid.

The issuance by the City of a notice to the successful bidder of the award of the Contract (“Notice of Award”) shall be deemed the Award of Contract. 87 14

B-15. Contract Bonds
The successful bidder shall furnish both a Performance Bond and a Payment Bond in the amounts specified in the forms attached hereto.

These Bonds shall be furnished in the forms enclosed following the Contract and shall be satisfactory to the City and shall be obtained from a responsible corporate surety (or sureties) acceptable to the City, which is licensed by the State of California to act as surety upon bonds and undertakings and which maintains in this State at least one office for the conduct of its business. The surety (or sureties) shall furnish reports as to its financial condition from time to time as requested by the City. The premiums for said Bonds shall be paid by the successful bidder.

These Bonds shall be furnished by companies who are authorized and licensed by the Insurance Commissioner as an “admitted surety insurer.” The surety shall provide the City with the documentation required by Section 995.660 of the California Code of Civil Procedure.

If any surety becomes unacceptable to the City or fails to furnish reports as to its financial condition as requested by the City, the Contractor shall promptly furnish such additional security as may be required from time to time to protect the interests of the City and of persons supplying labor or materials in the prosecution of the work contemplated by this Contract.

In the event of any conflict between the terms of the Contract and the terms of the Bonds, the terms of the Contract shall control and the Bonds shall be deemed to be amended thereby.

Without limiting the foregoing, the City shall be entitled to exercise all rights granted to it by the Contract in the event of default, without control thereof by the surety, provided that the City gives the surety notice of such default at the time or before the exercise of any such right by the City, and, regardless of the terms of said Bonds, the exercise of any such right by the City shall in no manner affect the liability of the surety under said Bonds.

B-16. Substitution of Securities for Monies Withheld
Bidders are hereby notified that in accordance with the provisions of Public Contract Code section 22300, securities may be substituted for any monies which the City may withhold pursuant to the terms of the Contract to insure performance.

B-17. Execution of Contract
The successful bidder will be notified in writing by the City of the award of the Contract within sixty (60) days after opening of Bids. Accompanying the City’s Notice of Award will be the Contract, in triplicate, which the successful bidder will be required to execute and return, together with the Performance and Payment Bonds, and the required certificates and policies of insurance together with the required endorsements thereto (or equivalent) for the Contractor and the workers’ compensation certificate (see Section 22-C of the Agreement or Exhibit “D”), to the City within ten (10) days following receipt of such Notice of Award. Failure to do so shall be just cause for annulment of the award and for forfeiture of the Bid Bond which shall be retained as liquidated damages, and it is agreed that the bond sum is a fair estimate of the amount of 88 15

damages that the City will sustain by reason of such failure. The City will promptly determine whether such Contract, Bonds and insurance are as required by the Contract Documents, and upon such determination will forward a fully executed copy of the Contract and a Notice to Proceed with the work to the successful bidder. Signature by both parties constitutes execution of the Contract. In the event of failure of the lowest responsible bidder to sign and return the Contract with acceptable Bonds and insurance as prescribed herein, the City may award the Contract to the next lowest responsible bidder, and, in the event that bidder fails to sign and return the Contract with acceptable Bonds and insurance, the City may award the Contract to the then next lowest responsible bidder, etc.

B-18. Return of Bid Securities
All Bid Securities will be held until the Contract has been finally executed, after which all Bid Securities, other than any Securities which have been forfeited, will be returned to the respective bidders.

B-19. Power of Attorney
The Attorney-in-Fact (resident agent) who executes the Performance Bond and Payment Bond on behalf of the surety company must attach a copy of his Power of Attorney as evidence of his authority. A notary shall acknowledge the power as of the date of the execution of the surety bond which it covers.

B-20. Time of Completion and Liquidated Damages
The Contractor shall begin work after the contract has been approved by the City Attorney and only after written notice to proceed with work has been issued by the City. The Contractor shall then have ten (10) calendar days after receipt of written notice to proceed to begin work. The counting of contract days will begin ten (10) calendar days from the time the Contractor receives the Notice to Proceed or when Contractor starts work, whichever comes first.

The time of completion of the work to be performed hereunder is the essence of this Contract.

Delays and extensions of time may be allowed in accordance with the provisions of the Agreement for Construction Services.

This work shall be diligently prosecuted before the expiration of TWENTY-FIVE (25) working days.

The Contractor shall pay to the City of Eastvale the sum of $1,000 per day, for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above.

B-21. Licensing Requirements for Contractors
All bidders, including general contractors and specialty contractors, shall hold such licenses as may be required by the laws of the State of California for the performance of the work specified in the Contract Documents.
89 16

Effective April 1, 2015, Contractors and subcontractors bidding and performing work on public works project must register on an annual basis with Department of Industrial Relations (DIR). A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

B-22. Escrow of Bid Documents
Upon award of the job to the successful bidder, and at the time of execution of this Contract, Contractor shall present all documentation used by the successful bidder in arriving at the bid upon which the Contract was awarded (“Bid Documentation”) to the City Engineer’s office.

Such documentation shall be presented in a sealed envelope or box. Notice to Proceed will not be granted until City receives notice that such documentation has been received. This Bid Documentation shall include, but not be limited to any documents, pictures, or writings which relate to, arise out of, or constitute in any way notes, memoranda, phone logs, subcontractor and materialmen estimates, computations, or the like used by, complied by, or drafted by the successful bidder or its agents in arriving at its bid for the Project.

B-23. Preconstruction Conference
A preconstruction conference will be convened after the Contractor has delivered the necessary bonds, insurance certificates and signed agreement in proper form as required in the invitation to bid, bid proposal and general conditions of these specifications. Prior to any work, the Contractor shall provide the City Engineer with a list of key personnel assigned to the project and the telephone numbers where they may be reached at any time. The list shall be made available in sufficient copies and presented at the preconstruction conference.

B-24. Equivalent Modular Building Options
The City desires to use the Modular Building layout 31218 by Mobile Modular as shown in Attachment 1 in the Appendix , any equivalent proposed modular building will need to be submitted to the City of Eastvale no later than November 23, 2022 to be reviewed by City staff.

Any response regarding the equivalency in comparison to Section 13, Item 26 will be provided to all bidders in the form of an addendum no later than end of day on December 1, 2022. Costs for an equivalent modular building shall not exceed the invoice cost attached in Attachment 1.

If equal substitutions are not timely submitted and additionally approved through the issuance of an addendum, they will not be allowed for this project. No equal considerations will be reviewed after the above timelines.

90 17
SECTION C. BIDDER’S PROPOSAL
BIDDER SHALL SUBMIT ALL FORMS UNDER SECTION C. BIDDER’S PROPOSAL AS PART OF THE BID. FAILURE TO DO SO WILL RESULT IN A NON-RESPONSIVE BID.

For the: City Hall Expansion Tenant Improvement Project From:

NAME OF BIDDER _5 Star General Construction ________________________________________ BUSINESS P.O. BOX _ _____________________________________________________________ CITY, STATE, ZIP _________________________________________________________________ BUSINESS STREET ADDRESS _1491 El Paso Dr, ___________________ (Please include even if P.O. Box used)
CITY, STATE, ZIP ___Norco, CA 92860______________________________________________ TELEPHONE NO : AREA CODE (909) 720-84 82___________________________ DEPARTMENTOF INDUSTRIAL RELATIONS (DIR) No. PW-LR-1001120753____ Proposal To: The Honorable Mayor and City Council
City of Eastvale
Eastvale, California
The undersigned, as bidder, declares that he has carefully examined the location of the proposed work as described, examined the Plans, Specifications, Special Provisions, and other contract documents, together with all Addenda issued by the City of Eastvale, read the Instructions to Bidders, and is familiar with all proposal requirements, and hereby proposed and agrees, if the proposal is accepted, to complete the said construction in accordance with the Contract Documents, in the time stated herein, for the unit price or lump sum given on the following pages of this proposal, amounting to a base bid total of:
$
Words Figures
Said amount to include and cover all taxes, the furnishing of all materials, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, and One Hundred Ninety Four Thousand Three Hundred Forty Four and 57/100 194,344.57 91 18
other means of construction; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifications or the drawings for the work.

If the contract is awarded, the undersigned agrees to enter into a contract with the City of Eastvale and to commence work within ten (10) calendar days from the date of issuance of the Notice to Proceed and to diligently prosecute the work to completion before the expiration of Twenty-Five (25) Working Days.

All bids are to be computed on the basis of the given Estimated Quantities of Work, as indicated in this proposal, times the unit prices as submitted by the bidders. In case of discrepancy between words and figures, the words shall prevail. In case of discrepancy between unit prices and the extension thereof, the unit price shall prevail and bids will be computed as indicated above and compared on the basis of corrected totals, given solely as a basis for comparison of bids. It is understood that the City does not expressly, nor by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any item or portion of the work or to omit portions of the work as may be deemed expedient by the Engineer.

It is also understood by Bidder that the City of Eastvale has the right to reject this proposal or to award a contract to the undersigned at the prices stipulated. If the proposal is rejected, then any check or cashier's check shall be returned to the undersigned within thirty (30) days. No bid bonds will be returned. If the proposal is accepted and the undersigned fails to enter into a contract within fifteen (15) days after the agreement is delivered to him for signature, or within such further time as may be granted by the Members of the City Council, then said check shall be cashed or said bond declared forfeit and an amount equal to the difference between the lowest bid and the next lowest bid who will execute a contract shall be paid into the treasury of the City of City
of Eastvale as liquidated damages for the failure of the undersigned to comply with the terms of this proposal.

Accompanying this proposal is Cashiers Check ________________________ (Insert "$__19,435.00_________ cash," cashier's check, certified check or bidder's bond forms included in these Contract Documents, as the case may be), in an amount equal to at least ten percent (10%) of the total bid.

The following is the name and place of busines s of the surety company whic h will fur nish the required bonds as surety if the work is awarded to the undersigned:
..............

NOTICE - If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a co -partnership, state 92 19
true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in full.

Licensed in accordance with an act providing for the registration of contractors: License No. _820900 Classification(s) General B/C54 .

ADDENDA - This Proposal is submitted with respect to the changes to the contract included in addenda number/s: 1
(Fill in addenda numbers if addenda have been received and insert, in this Proposal, any Engineer's Estimate sheets that were received as part of the addenda.)
By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code). By my signature on this proposal I further certify, under penalty of perjury under the laws of the State of California and the United States of America, that the Noncollusion Affidavit required by Title 23 United States Code, Section 112 and Public Contract Code Section 7106; are true and correct.

Date: ______5/01/24_________________________
Signature and Title of Bidder
Signatures shall be notarized
Business Address ___1491 El Paso Dr Norco, Ca 92860__________________ Place of Business ___1491 El Paso Dr Norco, Ca 92860_____________________ Place of Residence ___1491 El Paso Dr Norco, Ca 92860____________________ Sign
Here
5 Star General Construction LLC.

CEO
93 20

BID SCHEDULE
The following quantities are approximate only and are given for the purpose of comparing proposals.

The City does not expressly or by implication agree that the actual amount of work will correspond with quantities given herein but reserves the right to increase or decrease the amount of any class or portion as deemed necessary or advisable by the City Engineer. Payment will be based upon the actual quantities installed or constructed, unless otherwise specified.

CITY HALL EXPANSION TENANT IMPROVEMENT PROJECT
Item
No. Description Units Est.

Quantity Unit Price Total Price
1 Scope of Work per 12. Bid Item of the
Technical Specifications LS 1
SUBTOTAL BASE BID:

TOTAL BASE BID: $194,344.57________________
Please Note:

The award of contract shall be made to the lowest, responsible bidder submitting the lowest, responsive bid for the total of base bid items.
$194,344.57 $194,344.57
$194,344.57
94 21

BID BOND
We, ________________________________________________________________ as Principal, and _______________________________________________________________ as Surety are bound unto the City/County of _________, State of California, hereafter referred to as "Obligee", in the penal sum of ten percent (10%) of the total amount of the bid of the Principal submitted to the Obligee for the work described below, for the payment of which sum we bind ourselves, jointly and severally, THE CONDITION OF THIS OBLIGATION IS SUCH, THAT:

WHEREAS, the Principal is submitted to the Obligee, for ___________________________________ ___________________________________________________________________________________ (Copy here the exact description of work, including location as it appears on the proposal) ___________________________________________________________________________________ for which bids are to be opened at _____________________ on _______________________________ (Insert place where bids will be opened) (Insert date of bid opening) NOW, THEREFORE, if the Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form, in conformance with the bid, and files two bonds with the Obligee, one to guarantee faithful performance of the contract and the other to guarantee payment for labor and materials as provided by law, then this obligation shall be null and void; otherwise, it shall remain in full force.

In the event suit is brought upon this bond by the Obligee and judgment is recovered, the Surety shall pay all costs incurred by the Obligee in such suit, including a reasonable attorney's fee to be fixed by the court.

Dated: _____________________________ , 2022
________________________________________________
________________________________________________
Principal
________________________________________________
Surety
By _____________________________________________
Attorney-in-fact
All Signatures above needs to be NOTARIZED and submitted with Bid Bond

CERTIFICATE OF ACKNOWLEDGEMENT
State of California
City/County of ________________________________ ___________ SS On this _______ day of ________________________________ _______________________ in the year 20 ____ before me ________________________________ __________ , personally appeared ________________________________ _________ , Attorney-in-fact
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within in strument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/the ir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument . I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (SEAL) ________________________________ ________________________ Notary Public
95 22

NON-COLLUSION AFFIDAVIT
To the CITY OF EASTVALE
In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. 96 23

EXPERIENCE/QUALIFICATIONS STATEMENT
The bidder has been engaged in the contracting business, under the present business name for ______1_____ years. Experience in work of a nature similar to that covered in the proposal extends over a period of ___21_______ years.

The
bidder, as a Contrac tor, has neve r faile d to satisfactorily complete a Contrac t awarde d to him, except as follows:

The following contracts have been satisfactorily comple ted in the last three (3) yea rs for the persons, firm or authority indicated, and to whom reference is made:

Year Type of Work Contract Amount Owner/Agency for Whom Work was Performed
The following is a list of plant and equipment owned by the bidder, which is definitely available for use on the proposed work as required.

Quantity Name, Type and Capacity Condition Location
2023 Tenant Improvements $174,784.52 Biola University
2023 Water Damage Repairs $36,336.00 Biola Univerity
2023 Scrape Acoustical Ceilings $109,945.00 Biola University 2023 Convert Tennis Courts to Pickle Ball Courts $304,452.72 The City of Walnut 2022 Patch and Seal Terrazzo $32,946.71 El Camino College 2022 Modular Classroom Renovation $30,582.62 Mt Sac
2022 Office Renovation $26,014.87 California Commercial Real Estate 1 Carson 14' Dump Trailer Good Office
1 Hand tools for drywall Good Office
1 Hand tools for cutting wood Good Office
1 Hand tools for flooring Good Office
1 Hand tools for demo Good Office
1 Truck for hauling Good Office
97 24

DESIGNATION OF SUBCONTRACTORS
The Bidder shall list the name, address and license number of each subcontractor to whom the Bidder proposes to subcontract portions of the work. It is understood and agreed that all those portions of the work called for in the contract documents for which a sub -contractor is not listed will be performed by the undersigned through his forces. If no sub -contractors are listed, all bonds and insurance will be written in the name of the general contractor only.

Subcontractor Name:

Address:

License No. and Class:

DIR No.

Dollar Value and Percent of Total Contract:

Specific Items of Work:

Subcontractor Name:

Address:

License No. and Class:

DIR No.

Dollar Value and Percent of Total Contract:

Specific Items of Work:

Subcontractor Name:

Address:

License No. and Class:

DIR No.

Dollar Value and Percent of Total Contract:

Specific Items of Work:

Sunset Construction
PO Box 6166 Anaheim, Ca 92816
980994 General B
PW-LR-1001044217
Demo, Framing, Drywall, Paint, HVAC, Cabinets, Doors
$110,602.35 60%
Power Works Electric
112 Harvard Ave #227 Claremont, Ca 91711
1021135 C-10
PW-LR-1001133042
$18,600.00 10%
Electrical
Moore Flooring
5497 Vine St Chino, CA 91710
472436 C-15
1000001027
$16,893.00
Flooring
10%
98 25

PUBLIC CONTRACT CODE
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has ___ , has not ___ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.

Note: The bidder must place a checkmark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:

Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes _____ No __xx___
If the answer is yes, explain the circumstances in the following space. 99 26
PUBLIC CONTRACT CODE 10232 STATEMENT
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two -year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.

Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. 100
27 SECTION D. TECHNICAL SPECIFICATIONS
The work for which this proposal is submitted is for construction in conformance Technical Specifications described below, including any addenda thereto, the contract annexed hereto, and also in conformance with the “Standard Specifications for Public Works Construction, 20 21 Edition” (Standard Specifications), any referenced Special Provisions, Jurupa Community Services District Standards and the California Department of Transportation Standard Plans and Specifications, 2018 Edition (State Standard).

1. EXISTING FACILITIES
This Item shall be accomplished in accordance with the provisions set forth in Section 402, "Utilities," of the Standard Specifications, except as modified and supplemented below. It shall be the responsibility of the Contractor to protect existing curb, gutter, culverts, signs, traffic signal detectors, and other roadway appurtenances not scheduled for removal under this contract while saw cutting and/or grinding the existing road surface, placing the pavement. Facilities damaged due to the Contractor's operations shall be repaired or replaced as directed by the City Engineer by the Contractor at his sole expense. In the event that a sign is knocked down or a signal or lighting facility is damaged, the Contractor shall immediately call the Department of Public Works at 951 -703-4470 and the facilities shall be repaired or replaced, by the Contractor at his sole expense, so as to be fully operational within twenty -four (24) hours. All manhole and other utility covers located in the work area shall be carefully referenced out by the Contractor and the locations of the covers painted on the surface immediately after paving. The Contractor shall be responsible for limiting the "tracking" of material off of the project site. The Contractor shall sweep the street and/or sidewalk to remove the material. The Contractor shall submit to the City Engineer the proposed haul route to each job site two (2) working days prior to starting work.

Where excavations are performed in the vicinity of underground utility services, the Contractor shall, as necessary, perform initial exploratory excavations to determine their exact location.

Extreme care shall be exercised by the Contractor to avoid damage to utility services and to coordinate the work with utility agencies. It shall be the Contractor’s responsibility to have repairs made to existing facilities in the event of damage. The costs of all such repairs are the Contractor’s responsibility.

The Contractor shall notify Dig Alert at 811 a minimum of forty-eight (48) hours prior to the start of any work.

Where underground main distribution conduits such as water, gas, sewer, electric power, telephone or cable television are shown on the Plans, the Contractor, for the purpose of preparing a Bid, shall assume that every property parcel will be served by a service connection for each type of utility and shall protect -in-place these service connections and furnish and install utility supports, if required. Damaged main distribution conduits and service connections shall be repaired at Contractor’s own expense.

This project may include work on streets with mature trees adjacent to the roadway. In some locations, the tree canopy may extend over the roadway. It is the responsibility of the Contractor to conduct construction operations around said tree canopy such that the work is accomplished without damaging or injuring tree or tree limbs in any way. 101
28 Measurement and Payment
Full compensation for Existing Facilities, as specified herein, shall be considered as included in the prices paid for the various items of work involved and no additional compensation will be made therefore.

2.CONTROL OF MATERIALS
The Contractor shall comply with the requirements as set forth in Section 4, “Control of Materials” of the Standard Specifications.

All materials required to complete the work under this contract shall be produced or furnished, delivered, and installed by the Contractor unless otherwise specified in these specifications. The Contractor shall be responsible for controlling the quality of materials entering the work and of the work performed.

The Contractor is responsible for the costs and making all the arrangements to stockpile and store materials and/or equipment as work is performed. The City Engineer shall approve the duration and location of all temporary stockpiles and storage location for the Contractor’s material and/or equipment within the right of way. The Contractor shall immediately comply with the City Engineer’s instructions regarding any stockpile or storage locations to the satisfaction of the City Engineer.

Measurement and Payment
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore.

3. QUALITY CONTROL
▪ All materials to match or exceed that of existing City Hall ▪ Verify existing conditions at the existing City Hall. Contractor is to repair any damages during verification
▪ Quality of workmanship to match or exceed that of existing City Hall ▪ All items to be installed per manufacturer’s recommendation ▪ In case of discrepancies existing City Hall conditions shall prevail or Facilities Manager’s decision

4. PROGRESS SCHEDULE
Progress schedules shall conform to Section 6 “Prosecution and Progress of the Work” of the Standard Specifications.

During the duration of the contract, on or before the first calendar day of each month, the Contractor shall submit a complete, updated progress schedule to the Engineer. Updated progress schedules shall incorporate all current schedule information, actual progress, approved adjustments of time, and proposed changes in sequence and logic.

The Contractor shall also submit, on a weekly basis, a three -week rolling schedule. The three - week rolling schedule shall be submitted on the first day of the work week or as indicated by the 102
29 Engineer at the Pre -construction Conference. The weekly schedule shall include location of work areas proposed and work activity included that week and other pertinent information as requested by the Engineer.

When preparing the progress schedule, the Contractor shall accommodate school sites, businesses and the public within the work areas. See Traffic Control section for more details.

Measurement and Payment
Full compensation for Progress Schedules, as specified herein, shall be considered as included in the prices paid for the various items of and no additional compensation shall be made.

5. INCLEMENT WEATHER PROTECTION
Contractor is directed to the “Water Pollution Control Program” section found elsewhere in these specifications.

In the event that the Contractor's work is suspended due to inclement weather for a period exceeding seven (7) calendar days, all sections of curb and gutter that have been removed shall be backfilled with aggregate base or asphalt concrete to match the existing gutter grade.

Compaction shall be a minimum of ninety percent (90%), and shall be placed in such a manner as to minimize the amount of standing water in the removed gutter sections and thereby reducing water infiltration into the road base. Driveway areas shall also be covered with trench plating.

Drop inlets downstream of curb and gutter areas that have been backfilled with aggregate base or asphalt concrete shall be protected as specified in the Contractor's WPCP. Upon resumption of work, the excess compacted aggregate base or asphalt concrete shall be removed with the remaining aggregate base recompacted and tested prior to curb and gutter installation.

Measurement and Payment
Full compensation for ceasing operations (demobilization), providing and maintaining drainage inlet protection, performing various items within the Contractor's Water Pollution Control Program or as specified herein, and resuming operations (mobilization) after inclement weather shall be considered as included in the prices paid for the various items of work, no additional compensation shall be made.

Compensation for furnishing, placing, and removing aggregate base for inclement weather protection shall be considered as included in the prices paid for the various items of work and no additional compensation shall be made.

6. UNIT PRICE CONTRACT
Payment for all work bid at a price per unit of measurement will be based upon the actual quantities of work as measured upon completion. The Estimated Quantities provided in the Bid Documents are for comparative bidding only. The City does not express or imply that the actual amount of work or materials will correspond to the Estimated Quantities. The City reserves the right to increase or decrease the amount of any class or portion of the Work, or to omit portions of the Work, as may be deemed necessary or advisable in the sole discretion of the City.

7. PRESERVATION OF PROPERTY
103
30 The Contractor's attention is directed to Section 400, " Protection and Restoration ," of the Standard Specifications. It shall be the responsibility of the Contractor to protect existing curb, gutter, culverts, signs, traffic signal detectors, and other roadway appurtenances not scheduled for removal under this contract while performing work under the Contract. Facilities damaged due to the Contractor's operations shall be repaired or replaced as directed by the City Engineer by the Contractor at his sole expense. Facilities damaged due to the Contractor’s operations shall be repaired or replaced as directed by the Engineer at the Contractor’s sole expense.

In the event that a sign is knocked down, the Contractor shall immediately notify the Engineer and replace the sign within 48 hours or as determined by the Engineer. Regulatory Signs (Black on White Signs) shall be immediately replaced. Interruptions to the Traffic Signal shall be notified immediately, within one (1) hour, to the Engineer or contact (951) 232 -7293 after business hours and on weekends. Costs incurred due to Contractor’s negligence shall be paid for at Contractors sole expense.

Existing Trees - This project may include work on streets with mature trees adjacent to the roadway. In cases where the tree canopy extends over the roadway, it is the responsibility of the Contractor to conduct construction operations around said tree canopy such that the work is accomplished without damaging or injuring tree or tree limbs in any way. The Contractor may trim the trees in order to better facilitate construction operations. Any tree trimming must be approved by the Engineer at least four (4) working days prior to the planned work operation.

Advanced notices to adjacent property owners may be required as directed by the Engineer.

When permitted by the Engineer, tree pruning shall be performed by a Certified Arborist and in accordance with “Pruning Standards,” published by the Western Chapter of the International Society of Arboriculture. The Arborist may be a person in the employment of the Contractor so long as the person has been certified by the Western Chapter of the International Society of Arboriculture. The Certified Arborist shall be approved in advance by the Engineer, and all pruning shall be done in the presence of the Engineer.

Overhead Utilities - This project includes work on streets with overhead utility and service lines.

There may be locations where utility and service lines may have minimal vertical clear distance or clearance above the existing elevations within the limits of work. It is the Contractor’s responsibility to conduct operations around the facilities such that the work is accomplished without damage to these facilities.

Manhole and Utility Covers, Survey Monuments - Before paving operations, the Contractor shall submit to the Engineer an inventory of all survey monuments/spikes, manhole and utility covers and any other miscellaneous covers and lids located within the project limits. Construction shall not begin until the inventory list is submitted to the Engineer. All survey monuments/spikes shall be protected during construction and exposed after construction.

Existing Traffic Striping, Markings, and Markers – Existing traffic stripes and pavement markers that are outside the areas of the project limits that are to remain in place shall be protected from wheel marks and other damage by the Contractor. Damaged traffic stripes and pavement markers shall be cleaned or replaced as approved by the Engineer. The restoration of such objects will be at the Contractor’s expense and in conformance with “ Install Pavement Striping and Marking” found elsewhere in these specifications.
104

31 The Contractor shall be responsible for limiting the "tracking" of material off of the project site.

The Contractor shall sweep the street and/or sidewalk to remove the material at the end of each work day. The Contractor shall submit to the City Engineer the proposed haul route to each job site two (2) working days prior to starting work.

Measurement and Payment
Full compensation for Preservation of Property, as specified herein, shall be considered as included in the prices paid for the various items of work and no additional compensation shall be made.

8. AESTHETIC CLEAN UP
The Contractor is responsible for the timely removal of asphalt, concrete, dirt, and oil on gutters, sidewalks, driveways, roadways within and adjacent to the project limits, and haul route roadways that was tracked, sprayed, or deposited by his equipment or personnel under his control.

Upon completion of all construction operations, all roadways within the project limits shall be cleaned by sweeping, flushing, power brooms, power blowers, or other means approved by the Engineer, to remove all dirt, foreign material including any paint markings. Haul routes shall be cleaned of materials tracked or deposited by the Contractor's equipment or personnel. All sanitary sewer and drainage facilities and their appurtenant structures constructed or modified under the contract shall be cleaned out. All materials and equipment in stockpile and storage locations shall be removed and the areas cleaned to the satisfaction of the Engineer.

Measurement and Payment
Full compensation for Aesthetic Clean-Up, as specified herein, shall be considered as included in the prices paid for by the various items of work and no additional compensation shall be made.

9. ORDER OF WORK
The Contractor shall prepare a written schedule denoting locations and times of planned activities, and other impacts. The schedule for planned activities shall be submitted to the Engineer before or at the time of the pre -construction meeting. Contractor shall note that work shall not start unless a schedule has been submitted and accepted by the Engineer.

Measurement and Payment
Full compensation for Order of Work, as specified herein, shall be considered as included in the prices paid for by the various items of work and no additional compensation shall be made.

10. DUST CONTROL
The Contractor’s attention is directed to Section 3-12.2, “Air Pollution Control,” of the Standard Specifications. The Contractor shall be responsible for dust control within the project limits.

The Contractor shall diligently control dust resulting from his operations and from public traffic passing through the work area by the application of water and/or dust palliative.

The Contractor shall provide dust control at all times including Saturdays, Sundays, and holidays as ordered by the Engineer. The Contractor shall immediately alleviate any dust hazard as directed by the Engineer.

105

32 Measurement and Payment
Full compensation for Dust Control, as specified herein, shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation shall be made.

11. RECORD DRAWINGS
The Contractor shall be responsible for maintaining one up -to-date set of Record (As Constructed) Drawings on the job site, available for review by City representatives at all times.

These plans shall be clean, neat, and legible and show all deviations from the original improvement plan and design. This set of Record Drawings shall be given to the City Inspector upon project completion.

The Notice of Completion will not be filed until the City receives and approves the Record Drawings.

Measurement and Payment
Full compensation for conforming to the above requirement will be considered as included; in the prices bid for various contract Items of work and no additional compensation will be allowed therefore.

12. BID ITEM

SCOPE OF WORK
PHASE 1: Demo, Framing & Grid:

A. Demo
▪ Remove existing cabinets
▪ Demo walls
▪ Demo hard lid at lobby soffit
B. Framing
▪ Infill two pass thru
▪ Frame for (6) new doors
▪ Frame for new offices
▪ Cut new opening to connect the next door office
▪ Install 5/8” drywall one layer on each side
▪ Tape and mud to #4 level
▪ Sand and prep for paint
C. Grid
▪ Install 15/16” grid to finish ceiling
▪ Install #769 Cortega ceiling tiles

106

33 PHASE 2: Electrical, Fire Sprinkler, Plumbing & HVAC A. Electrical
▪ Demo/safe off all existing electrical on walls to be removed ▪ Demo/safe off all existing electrical in office room floors ▪ Demo/safe off existing lobby lighting
▪ Demo/safe off existing 240v power in existing X-ray rooms ▪ Re-work existing light switches to accommodate the new wall layout in office spaces ▪ Add (1) 120v outlet and data drop stub per office as needed (data cable run by others) ▪ Furnish/install (6) new 2x4 t-var type LED flat panel fixtures at the front entry area ▪ Add additional light switches to control new light fixtures B. Fire Sprinklers
▪ Drop existing lobby fire sprinklers to be below new ceiling grid C. Plumbing
▪ Cap water lines leading to the office floor angle stops ▪ Remove unwanted sinks/cap off plumbing
▪ Cut off existing cooper coming out the ground in existing exam rooms ▪ Ensure all faucets have working cold & hot water
D. HVAC
▪ Drop the supply/return vents below the new grid in the lobby area and where needed for the new offices.
▪ One supply vent per office
▪ Two supply vents in larger CM office with one return

PHASE 3: Flooring, Cabinets, Paint & Project Management A. Flooring
▪ All concrete surface area where utilities were removed shall be patched & leveled. ▪ Demo existing flooring everywhere except existing bathrooms ▪ Furnish/install Shaw contract carpet tile in all areas except the breakroom per manufacturer recommendation
▪ Furnish/install Modern Surface LVP in the breakroom
▪ Furnish/install Johnsonite 4” rubber base throughout the space ▪ Fill with 2 sack concrete mix or self-leveler
B. Cabinets
▪ Cut existing countertop
107

34 ▪ Finish side panels on the existing upper/lower cabinet with material from unwanted cabinets
▪ Edge band exposed laminate countertop edge at the area of repair C. Paint
▪ Prime new walls
▪ Prep to match existing City Hall walls
▪ Paint 2 coats on all walls (color TBD)
D. HMF and HM doors
▪ Provide and install (10) 3070 Hollow metal doors
▪ Provide and install (10) Hollow metal frames
▪ Provide and install (10) door stops
▪ Provide and install (10) door closers
▪ Provide and install (10) locksets
E. Project Management
▪ Provide supervision over the project
▪ Run inspections
▪ Submit plans and obtain all permits (no fee permits) at no additional cost to the City

Measurement and Payment
Fifteen percent (15%) of the total base bid amount will be eligible for phase 1, which includes demo, framing and ceiling grid work, twenty percent (20%) of the total base bid amount will be eligible for phase 2, which includes utility work, 50 percent (50%) of the total base bid amount will be eligible for phase 3, which includes flooring, cabinets, paint, doors and frame, with the remaining fifteen percent ( 15%) eligible after a punch list has been created , work has been completed, final walk through complete and work is satisfactory.

108
35 SECTION E. SAMPLE CONTRACT AGREEMENT

BETWEEN

THE CITY OF EASTVALE
AND

___________________________________

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 ________________________, 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 Modular Offices at Citrus Street Property Project as set forth herein D. Contractor has obtained, and delivers concurrently herewith, [INSERT

APPLICABLE 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: [INSERT APPLICABLE DOCUMENTS].

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 Modular Offices at Citrus Street Property 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 Contrac t. 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. 109

36 Special conditions, if any, relating to the Work are described in the Exhibits attached hereto and incorporated herein by this reference.

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 50 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 Three Thousand Dollars ($ 3,000.00) 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.
110

37 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 con sideration for the satisfactory performance by the Contractor of the services 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 [INSERT DOLLARS] Dollars and [INSERT CENTS] Cents ($_______________) ("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.

38 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 (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.

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. 112

39 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 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 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 respon sible 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 113

40 information specified above and obtain the City's written approval.

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.

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. 114

41 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 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.

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.

42 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.
(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 116

43 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 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 117

44 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. (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.

45 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.

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 unautho rized 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 i ncorporated 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 119

46 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.

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.

47 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.

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 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.

48 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 discrimi nate against any employee or applicant for employ ment 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.

SECTION 39. NOTICES
All notices hereunder and communi cations regarding inter pretation 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 [INSERT NAME]
12363 Limonite Ave., Suite910 [INSERT ADDRESS]
Eastvale, CA 91752 Attn: [INSERT NAME]
Attn: Jimmy Chung, City Engineer

SECTION 40. ENTIRE CONTRACT; MODIFICATION
This Agreement, including the attached Exhibits “A” through “B”, the advertised bid documents, associated addenda, 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 no t embodied herein shall be valid and binding. No amendment 122

49 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.

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 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 considera tion contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

B. Conflict of Interest . For the term of this Contract, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising there from. 123
50 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
By: _________________________
INSERT CONTRACTOR’S NAME
By:

Signature Signature
_________________________ _________________________
Name Name
_________________________ _________________________
Title Title
Attest: Attest:
_________________________ _________________________
City Clerk Secretary
_________________________
Classification of Contractor’s License
_________________________
Contractor’s License Number
Warren F. Smith Jr.

CEO
General B/C54
820900
124
51 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 Addenda for: City Hall Expansion Tenant Improvement Project # 95021
125
52 EXHIBIT "B" CERTIFICATION LABOR CODE-SECTION 1861

[INSERT CONTRACTOR'S NAME]

By:
[INSERT NAME]
[INSERT TITLE
5 Star General Construction LLC.

Warren F. Smith Jr
CEO
126
53 FAITHFUL PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS:

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

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

As a condition precedent to the satisfactory completion of the said Contract, the above obligation in said amount shall hold good for a period of one (1) year after the completion and acceptance of the said work, during which time if the above bounded Contractor, his or its heirs, executors, administrators, successors or assigns shall fail to make full, complete, and satisfactory repair and replacements or totally protect the City from loss or damage made evident during said period of one year from the date of acceptance of said work, and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, the above obligation in the said sum shall remain in full force and effect. However, anything in this 127

54 paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Contractor remains.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of _______________________, 20__.

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. § § § 995.310, 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 128

55 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). 129
56 PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS:

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

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

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

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

And the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contractor to the work or to the specifications. 130

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

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). 131
58 APPENDIX

• Appendix 1: City Hall Expansion TI (for reference only • Appendix 2: As-built - Limonite Dental TI Drawings

132

59 Appendix 1: City Hall Expansion TI (for reference only)

133

1. Knock down partition and build office

2. The reception desk turned into an office

3. Lobby wall knocked down and the front area turned into cubicles

4. Knockdown wall in break room to make one room – Keep one sink, counter space, refrigerator area and space for a table

5. Add doors to existing rooms

6. Seal the walls between exam rooms

7. build office

8. add access to current city hall south wing

9. Demo hard lid at lobby soffit and install grid and ceiling tiles Quality of workmanship and all materials shall match or exceed that of existing City Hall.
5 2
3 1
8 4
6 6
5 7

FOR REFERENCE ONLY
SEE SCOPE OF WORK IN 12. BID ITEM IN

TECHNICAL SPECIFICATIONS
9 134

60 Appendix 2: As-built - Limonite Dental TI Drawings

135
136
137
138
139
140

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.4
May
8, 2024
Approval of Second Amendment to the Mark Thomas Professional Services Agreement for the Limonite Gap Bridge Project
Prepared By:

Jimmy Chung, Public Works Director/City Engineer
Recommended Action(s)
Staﬀ recommends that the City Council approve the Second Amendment to the Mark Thomas Professional Services Agreement for the Limonite Gap Bridge Project increasing the contract amount by $54,290.

Summary
On May 22, 2019, City Council approved a Professional Services Agreement with Mark Thomas in the amount of $1,419,089 for planning, engineering and environmental services for the Limonite Gap Closure Project. On September 8, 2021, City Council approved the ﬁrst amendment to Mark Thomas Professional Services Agreement to account for the administra4ve changes to the scope that did not involve a contract amount increase, such as extending the term of the contract and realloca4ng funds to assist City with pursuing various grant applications.

In order to provide the construc4on support services in a 4mely manner and avoid any delays in construc4on, Mark Thomas submi7ed an addi4onal work request in amount of $54,290 to complete the construction support of the Limonite Gap Closure Project (#93026).

Background
The addi4onal work request involves a number of diﬀerent tasks. Below is a summary of the requested work and Attachment 4 provides an explanation in detail:

Summary of Requested Work 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
141

Meetings - $9,084
This is to complete the construc4on support services. A total of up to 7 mee4ngs is an4cipated including a final job walk for a punch list.

Request for Information (RFI) and Submittal Review - $25,648 To date, the Mark Thomas team has completed review of numerous submi7als and RFIs in a 4mely manner and provided revised drawings to support retaining wall construc4on and storm drain reloca4on due to unforeseen or ﬁeld required condi4ons mi4ga4ng poten4al change orders/claims from the contractor. This task is to con4nue construc4on support through the end of the construction.

Preparation of As-builts/Record Information- $19,558
Mark Thomas will prepare record drawings from contractor and construc4on as-built drawings, markups ,and field notes. Record drawings will be electronically submitted to the City.

Environmental
A Mi4gated Nega4ve Declara4on for the project was prepared and was adopted by the City Council at the September 9, 2020 City Council Meeting.

Strategic Plan Action - Priority Level: N/A
| Target #: 5
| Goal #: 3
Plan for landscape, roads and street maintenance
Fiscal Impact
The project has suﬃcient fund budgeted in TUMF (270-510-6662-93026) to approve this addi4onal work request.

Prior City Council/Commission Action
On May 22, 2019, City Council approved a Professional Services Agreement with Mark Thomas for Planning, Engineering, and Environmental Work for Limonite Avenue, and Bridge over Cucamonga Creek.

On October 23, 2019, City Council provided direc4on regarding the Limonite Gap Closure Project Concept Review to allow the use of a roundabout for the intersec4on for the intersec4on of Limonite Avenue and the proposed driveway to the Homestead Development

On February 26, 2020, City Council reviewed and provided comments on the related to the vehicular and pedestrian bridge aesthetics and geometrics for the Limonite Gap Closure Project.

On September 9, 2020, City Council adopted a Mi4gated Nega4ve Declara4on for the Limonite Gap Closure Capital Improvement Project.

On September 8, 2021, City Council approved the ﬁrst amendment to Mark Thomas Professional Services Agreement.

On September 8, 2022, the City Council entered into an agreement with Falcon Engineering Services to provide construction management services. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
142

On January 11, 2023, the City council approved the ﬁrst amendment to the TUMF Reimbursement Agreement with WRCOB for the limonite Avenue Gap Closure Project.

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

Attachment(s)
Attachment 1 - Mark Thomas Contract Agreement

Attachment 2 - First Amendment

Attachment 4 - Exhibit A to Second Amendment

Attachment 3 - Second Amendment

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
143

AGREEMENT FOR SERVICES

BETWEEN

THE CITY OF EASTVALE, CALIFORNIA
AND

MARK THOMAS
This Agreement for Services (" Agreement") is entered into as of this 24th day of May, 2019 by and between the City of Eastvale, a municipal corporation (" City") and Mark Thomas, a California corporation (" Contractor"). City and Contractor are sometimes hereinafter individually referred to as " Party" and hereinafter collectivelv referred to as the " Parties."
RECITALSA. 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 semces defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services.

Parties desire to formalize the selection of Contractor for performanceofthose 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 PRQVISinM. q
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows; SECTION 1. TERM OF AGREEMENT.

Subject to the provisions of Section 20 .. Termination of Agreement,, of this aschb^^above Agreementis for one year commencing on the date first SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. c u u Services. Contractor agrees to perform the services set forthinExhibitA 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 perforrnance 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 1 -
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Darin Johnson
Associate Principal + Division Manager
Darin Johnsossssssssssssssssssssssssssssssssssss n
205

April 19, 2024

Yurhi Choi, PE - Principal Engineer
City of Eastvale
12363 Limonite Ave. Suite 910 Eastvale, CA 91752
Project No.: IR-19104
RE: Limonite Gap Closure – Additional Services Proposal No. 5 Dear Yurhi:

Mark Thomas is submitting this Additional Services Proposal No. 5 for completing work involved with construction engineering support and as necessary services to finish the project. Please consider this a request to amend our existing Agreement for Services (Agreement) with the City for the Project dated May 24th, 2019. This work request will require additional compensation in addition to the fees established in the Agreement. In accordance with terms of the Agreement, we request the City to provide written authorization to proceed by signing below.

A D D I T I O N A L S E R V I C E S
Task 16.0 - Construction Support
Task 16.2.1 - Meetings
To complete the Construction Support Services, Mark Thomas anticipates following meetings based on discussions with the Construction Management consultant:

Discipline Office Field Completion /
Punch List
Civil Design / Walls (MT) 1 1 1
Landscape / Irrigation (MT) 1 1 1
Electrical (F&P) 1 1 0
Total 2 2 3
Tasks 16.2.2 - Requests For Information (RFI) and Submittal Review Mark Thomas anticipates approximately 20 remaining Requests for Information (RFIs) and / or Submittals remaining to review, provide feedback and support as necessary. To date, the Mark Thomas team has completed review of numerous submittals and RFIs in a timely manner and provided revised drawings to support retaining wall construction and storm drain relocation due to unforeseen or field required conditions mitigating potential change orders / claims from the contractor. This task is to continue construction support through August based upon discussions with the Construction Management consultant.

206
April 19, 2024
Limonite Gap Closure – Additional Work Request No. 5
Project No.: IR-19104

Task 16.3 - Preparation of As-Builts / Record Information Mark Thomas will prepare record drawings from contractor and construction as-built drawings, markups, and field notes. Record drawings will be electronically submitted to the City.

Deliverables
 Up to seven (7) total meetings.
 Submittal review and support as noted above.
 Responses and support for up to twenty (20) Requests for Information.  Preparation of As-Built / Record Map Drawings in PDF format.

F E E S C H E D U L E
Mark Thoms will require the following to complete anticipated construction engineering support services:

Additional Services Request No. 5 Amount
Task 16.0 - Construction Support
Task 16.4.1 – Meetings $9,084
Task 16.4.2 - Requests for Information (RFI) and Submittal Review $25,6408 Task 16.5 - Preparation of As-Builts / Record Information $19,558 Total $54,290

Refer to "Attachment A - Fee Schedule" and "Attachment B - Sub-consultant Proposals" for additional information on fees proposed above.

We look forward in continuing to work with you on this project and thank you for your assistance in this matter.

Should you have any questions or concerns please do not hesitate to contact me at (951) 870-3094 or through email at [email protected].

Sincerely,

MARK THOMAS

Joshua Cosper, PE, PLS
Sr. Project Manager

Attachments:

Attachment A – Fee Schedule
Attachment B – Sub-Consultant Proposals

207
April 19, 2024
Limonite Gap Closure – Additional Work Request No. 5
Project No.: IR-19104

ATTACHMENT “A”

FEE SCHEDULE

208
Sr. Project ManagerProject EngineerDesign Engineer IIDesign Engineer ISurvey Division ManagerProject Surveyor IILead Survey Technician LAUD Division ManagerSr. Landscape Architect Landscape Designer IProject AccountantProject CoordinatorEARTH MECHANICS FEHR & PEERSRENDE$303 $194 $165 $135 $340 $210 $170 $292 $194 $116 $148 $135

16.0 CONSTRUCTION SUPPORT

16.4 Additional Construction Support 0 $0 - - - $0

16.4.1 Meetings 4 12 2 12 4 4 38 $7,584 1,500 - $9,084

16.4.2 Requests For Information (RFI) and Submittal Review4 12 40 4 12 32 104 $16,148 9,500 - $25,648

16.5 Preparation of As-Builts / Record Information 2 8 40 80 130 $19,558 - - - $19,558 Subtotal Phase 16 10 32 40 120 0 0 0 6 24 32 4 4 272 $43,290 $0 $11,000 $0 $54,290 TOTAL HOURS 10 32 40 120 0 0 0 6 24 32 4 4 272
OTHER DIRECT COSTS $0 $0 $0 $0 $0
TOTAL COST $3,030 $6,208 $6,600$16,200 $0 $0 $0 $1,752 $4,656 $3,712 $592 $540 $43,290 $0 $11,000 $0 $54,290 COST PROPOSAL FOR PROJECT SCOPE: Eastvale- Limonite Gap Closure (Project No. 93206) - Additional Services Request No. 5

TOTAL COST
Subconsultants
Total
Hours
Total MT
Cost
Please note that the rates shown are for estimating purposes only.

See rate schedule for actual rates/ranges. 4/19/2024 209 April 19, 2024
Limonite Gap Closure – Additional Work Request No. 5
Project No.: IR-19104

ATTACHMENT “B”

SUB-CONSULTANT PROPOSALS

210

3850 Vine Street, Suite 140 Riverside, CA 92507 (951) 274-4800 www.fehrandpeers.com

June 26, 2023

Josh Cosper
Mark Thomas Co.
16795 Von Karman Ave #240
Irvine, CA 92606

Subject: Limonite Gap Closure Project – Construction Support Services Proposal OC19 0645
Dear Josh,
Fehr & Peers is pleased to submit this scope and fee amendment to provide construction support services for the Limonite Gap Closure Project in Eastvale, CA. Summarized below is our scope of work and cost estimate.

SCOPE OF SERVICES
Fehr & Peers will be available to provide construction support services for the lighting elements of the Limonite Gap Closure Project . During the construction of the project, Fehr & Peers will be available to address the following items in relation to the work shown on our plans: respond to RFIs, review contractor material submittals for conformance with the design documents and review proposed construction changes to provide recommendations.

Fehr & Peers will Prepare record for the streetlighting plans, based upon red lines provided by the contractor. Each sheet will be revised in accordance with redlines and st amped as record drawings in accordance with City requirements.

COST ESTIMATE
We will complete these services on a time and materials basis for a total not-to-exceed cost based on the table below. We assume a duration of 12 months of construction with 2 in-person meetings and 2 on-site meetings and have included up to forty (40) hours of engineering staff time for this task. As the level of effort involved in providing construction support services is uncertain, this is an estimate.

Should the level of effort for these services exceed the anticipated budget, Fehr & Peers will provide requested services on a time and materials basis at our standard billing rates.

Description Fee
Construction Support Services $9,500
Meetings $1,500
Total $11,000
211
Josh Cosper
June 26, 2023

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Eastvale City CouncilMay 8, 2024

Eastvale City Council
May 8, 2024