2. WRCOG Funding Amount. WRCOG hereby agrees to distribute to AGENCY, on the terms and conditions set forth herein, a sum not to exceed Four Million Four Hundred Eighty Two Thousand Dollars ($4,482,000), to be used for reimbursing the AGENCY for eligible Project expenses as described in Section 3 herein (“Funding Amount”). The Parties acknowledge and agree that the Funding Amount may be less than the actual cost of the Project.
Nevertheless, the Parties acknowledge and agree that WRCOG shall not be obligated to contribute TUMF Program Funds in excess of the maximum TUMF share identified in the TUMF Nexus Study (“Maximum TUMF Share”), as may be amended from time to time.
3. Project Costs Eligible for Advance/Reimbursement. The total Project costs (“Total Project Cost”) may include the following items, provided that such items are included in the scope of work attached hereto as Exhibit “A” (“Scope of Work”): (1) AGENCY and/or consultant costs associated with direct Project coordination and support; (2) funds expended in preparation of preliminary engineering studies; (3) funds expended for preparation of environmental review documentation for the Project; (4) all costs associated with right-of-way acquisition, including right-of-way engineering, appraisal, acquisition, legal costs for condemnation procedures if authorized by the AGENCY, and costs of reviewing appraisals and offers for property acquisition; (5) costs reasonably incurred if condemnation proceeds; (6) costs incurred in the preparation of plans, specifications, and estimates by AGENCY or consultants; (7) AGENCY costs associated with bidding, advertising and awarding of the Project contracts; (8) construction costs, including change orders to construction contract approved by the AGENCY; (9) construction management, field inspection and material testing costs; and (10) any AGENCY administrative cost to deliver the Project.
4. Ineligible Project Costs. The Total Project Cost shall not include the following items which shall be borne solely by the AGENCY without reimbursement: (1) any AGENCY administrative fees attributed to the reviewing and processing of the Project; and (2) expenses for items of work not included within the Scope of Work in Exhibit “A”.
5. Procedures for Distribution of TUMF Program Funds to AGENCY. (a) Initial Payment by the AGENCY. The AGENCY shall be responsible for initial payment of all the Project costs as they are incurred. Following payment of such Project costs, the AGENCY shall submit invoices to WRCOG requesting reimbursement of eligible Project costs. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to the AGENCY, and documents evidencing the AGENCY’s payment of the invoices or demands for payment. Documents evidencing the AGENCY’S payment of the invoices shall be retained for four (4) years and shall be made available for review by WRCOG. The AGENCY shall submit invoices not more often than monthly and not less often than quarterly.
(b) Review and Reimbursement by WRCOG. Upon receipt of an invoice from the AGENCY, WRCOG may request additional documentation or explanation of the Project costs for which reimbursement is sought. Undisputed amounts shall be paid by WRCOG to the AGENCY within thirty (30) days. In the event that WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute. If the meet and confer process is unsuccessful in 158
25-NW-EAV-1403
resolving the dispute, the AGENCY may appeal WRCOG’s decision as to the eligibility of one or more invoices to WRCOG’s Executive Director. The WRCOG Executive Director shall provide his/her decision in writing. If the AGENCY disagrees with the Executive Director’s decision, the AGENCY may appeal the decision of the Executive Director to the full WRCOG Executive Committee, provided the AGENCY submits its request for appeal to WRCOG within ten (10) days of the Executive Director’s written decision. The decision of the WRCOG Executive Committee shall be final. Additional details concerning the procedure for the AGENCY’s submittal of invoices to WRCOG and WRCOG’s consideration and payment of submitted invoices are set forth in Exhibit “B”, attached hereto and incorporated herein by reference.
(c) Funding Amount/Adjustment. If a post Project audit or review indicates that WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Maximum TUMF Share of the Project, or has provided reimbursement of ineligible Project costs, the AGENCY shall reimburse WRCOG for the excess or ineligible payments within 30 days of notification by WRCOG.
6. Increases in Project Funding. The Funding Amount may, in WRCOG’s sole discretion, be augmented with additional TUMF Program Funds if the TUMF Nexus Study is amended to increase the maximum eligible TUMF share for the Project. Any such increase in the Funding Amount must be approved in writing by WRCOG’s Executive Director. In no case shall the amount of TUMF Program Funds allocated to the AGENCY exceed the then-current maximum eligible TUMF share for the Project. No such increased funding shall be expended to pay for any Project already completed. For purposes of this Agreement, the Project or any portion thereof shall be deemed complete upon its acceptance by WRCOG’s Executive Director which shall be communicated to the AGENCY in writing.
7. No Funding for Temporary Improvements. Only segments or components of the construction that are intended to form part of or be integrated into the Project may be funded by TUMF Program Funds. No improvement which is temporary in nature, including but not limited to temporary roads, curbs, tapers or drainage facilities, shall be funded with TUMF Program Funds, except as needed for staged construction of the Project.
8. AGENCY’s Funding Obligation to Complete the Project. In the event that the TUMF Program Funds allocated to the Project represent less than the total cost of the Project, the AGENCY shall provide such additional funds as may be required to complete the Project.
9. AGENCY’s Obligation to Repay TUMF Program Funds to WRCOG; Exception For PA&ED Phase Work. Except as otherwise expressly excepted within this paragraph, in the event that: (i) the AGENCY, for any reason, determines not to proceed with or complete the Project; or (ii) the Project is not timely completed, subject to any extension of time granted by WRCOG pursuant to the terms of this Agreement; the AGENCY agrees that any TUMF Program Funds that were distributed to the AGENCY for the Project shall be repaid in full to WRCOG, and the Parties shall enter into good faith negotiations to establish a reasonable repayment schedule and repayment mechanism. If the Project involves work pursuant to a PA&ED phase, AGENCY shall not be obligated to repay TUMF Program Funds to WRCOG relating solely to PA&ED phase work performed for the Project.
159
25-NW-EAV-1403
10. AGENCY’s Local Match Contribution. The AGENCY local match funding is not required, as shown in Exhibit “A”.
11. Term/Notice of Completion. The term of this Agreement shall be from the date first herein above written until the earlier of the following: (i) the date WRCOG formally accepts the Project as complete, pursuant to Section 6; (ii) termination of this Agreement pursuant to Section 15; or (iii) the AGENCY has fully satisfied its obligations under this Agreement. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.
12. Representatives of the Parties. WRCOG’s Executive Director, or his or her designee, shall serve as WRCOG’s representative and shall have the authority to act on behalf of WRCOG for all purposes under this Agreement. The AGENCY hereby designates Jimmy Chung, Public Works Director/City Engineer, or his or her designee, as the AGENCY’s representative to WRCOG. The AGENCY’s representative shall have the authority to act on behalf of the AGENCY for all purposes under this Agreement and shall coordinate all activities of the Project under the AGENCY’s responsibility. The AGENCY shall work closely and cooperate fully with WRCOG’s representative and any other agencies which may have jurisdiction over or an interest in the Project.
13. Expenditure of Funds by AGENCY Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the Project prior to the execution of the Agreement, or from being reimbursed by WRCOG for such expenditures. However, the AGENCY understands and acknowledges that any expenditure of funds on the Project prior to the execution of the Agreement is made at the AGENCY’s sole risk, and that some expenditures by the AGENCY may not be eligible for reimbursement under this Agreement.
14. Review of Services. The AGENCY shall allow WRCOG’s Representative to inspect or review the progress of the Project at any reasonable time in order to determine whether the terms of this Agreement are being met.
15. Termination.
(a) Notice. Either WRCOG or AGENCY may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured.
(b) Effect of Termination. In the event that the AGENCY terminates this Agreement, the AGENCY shall, within 180 days, repay to WRCOG any unexpended TUMF Program Funds provided to the AGENCY under this Agreement and shall complete any portion or segment of work for the Project for which TUMF Program Funds have been provided. In the event that WRCOG terminates this Agreement, WRCOG shall, within 90 days, distribute to the 160
25-NW-EAV-1403
AGENCY TUMF Program Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the AGENCY regarding the Project at the time of the notice of termination; provided, however, that WRCOG shall be entitled to exercise its rights under Section 5(b), including but not limited to conducting a review of the invoices and requesting additional information. Upon such termination, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which TUMF Program Funds have been provided. This Agreement shall terminate upon receipt by the non-terminating Party of the amounts due to it hereunder and upon completion of the segment or portion of Project work for which TUMF Program Funds have been provided.
(c) Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement.
16. Prevailing Wages. The AGENCY and any other person or entity hired to perform services on the Project are alerted to the requirements of California Labor Code Sections 1770 et seq., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The AGENCY shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Project. The AGENCY shall defend, indemnify, and hold harmless WRCOG, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys, fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et seq.
17. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with progress reports concerning the status of the Project.
18. Indemnification.
(a) AGENCY Responsibilities. In addition to the indemnification required under Section 16, the AGENCY agrees to indemnify and hold harmless WRCOG, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. The AGENCY will reimburse WRCOG for any expenditures, including reasonable attorneys’ fees, incurred by WRCOG, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of the AGENCY.
(b) WRCOG Responsibilities. WRCOG agrees to indemnify and hold harmless the AGENCY, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of WRCOG or its sub-consultants. WRCOG will reimburse the AGENCY for any expenditures, including reasonable attorneys’ fees, incurred by the AGENCY, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of WRCOG.
161
25-NW-EAV-1403
(c) Effect of Acceptance. The AGENCY shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Project. WRCOG’s review, acceptance or funding of any services performed by the AGENCY or any other person or entity under this Agreement shall not be construed to operate as a waiver of any rights WRCOG may hold under this Agreement or of any cause of action arising out of this Agreement. Further, the AGENCY shall be and remain liable to WRCOG, in accordance with applicable law, for all damages to WRCOG caused by the AGENCY’s negligent performance of this Agreement or supervision of any services provided to complete the Project.
19. Insurance. The AGENCY shall require, at a minimum, all persons or entities hired to perform the Project to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the AGENCY and WRCOG. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Project, whichever occurs last.
(a) Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall:
(i) Name WRCOG and AGENCY, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Project and shall contain no special limitations on the scope of coverage or the protection afforded to these insured;
(ii) Be primary with respect to any insurance or self-insurance programs covering WRCOG and AGENCY, and/or their respective officials, officers, employees, agents, and consultants; and
(iii) Contain standard separation of insured provisions. (b) Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.
(c) Professional Liability Insurance. Errors and omissions liability insurance with a limit of not less than $1,000,000.00 Professional liability insurance shall only be required of design or engineering professionals.
(d) Workers’ Compensation Insurance. Workers’ compensation insurance with statutory limits and employers’ liability insurance with limits of not less than $1,000,000.00 each accident.
162
25-NW-EAV-1403
20. Project Amendments. Changes to the characteristics of the Project, including the deadline for Project completion, and any responsibilities of the AGENCY or WRCOG may be requested in writing by the AGENCY and are subject to the approval of WRCOG’s Representative, which approval will not be unreasonably withheld, provided that extensions of time for completion of the Project shall be approved in the sole discretion of WRCOG’s Representative. Nothing in this Agreement shall be construed to require or allow completion of the Project without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; “CEQA”) and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), if applicable, but the necessity of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in completion of the Project.
21. Conflict of Interest. For the term of this Agreement, no member, officer or employee of the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
22. Limited Scope of Duties. WRCOG’s and the AGENCY’s duties and obligations under this Agreement are limited to those described herein. WRCOG has no obligation with respect to the safety of any Project performed at a job site. In addition, WRCOG shall not be liable for any action of AGENCY or its contractors relating to the condemnation of property undertaken by AGENCY or construction related to the Project.
23. Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Project under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least four (4) years following termination of this Agreement, and they shall have access to such information during the four-year period for the purposes of examination or audit.
24. Equal Opportunity Employment. The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, ancestry, sex or age. Such nondiscrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
25. Governing Law. This Agreement shall be governed by and construed with the laws of the State of California.
26. Attorneys’ Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and costs of suit. 163
25-NW-EAV-1403
27. Time of Essence. Time is of the essence for each and every provision of this Agreement.
28. Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein.
29. Public Acknowledgement. The AGENCY agrees that all public notices, news releases, information signs and other forms of communication shall indicate that the Project is being cooperatively funded by the AGENCY and WRCOG TUMF Program Funds.
30. No Joint Venture. This Agreement is for funding purposes only and nothing herein shall be construed to make WRCOG a party to the construction of the Project or to make it a partner or joint venture with the AGENCY for such purpose.
31. Compliance With the Law. The AGENCY shall comply with all applicable laws, rules and regulations governing the implementation of the Qualifying Project, including, where applicable, the rules and regulations pertaining to the participation of businesses owned or controlled by minorities and women promulgated by the Federal Highway Administration and the Federal Department of Transportation.
32. Notices. All notices hereunder and communications regarding interpretation of the terms of this Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
If to AGENCY: City of Eastvale
Attn: Jimmy Chung, Public Works Director/City Engineer
12363 Limonite Avenue, Suite 910
Eastvale, CA 91752
If to WRCOG: Western Riverside Council of Governments
3390 University Avenue; Suite 200
Riverside, California 92501
Attention: Christopher Gray, Deputy Executive Director
Telephone: (951) 405-6710
Facsimile: (951) 223-9720
Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service.
33. Integration; Amendment. This Agreement contains the entire agreement between the PARTIES. Any agreement or representation respecting matters addressed herein that are not 164
25-NW-EAV-1403
expressly set forth in this Agreement is null and void. This Agreement may be amended only by mutual written agreement of the PARTIES.
34. Severability. If any term, provision, condition or covenant of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby.
35. Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties’ understanding concerning the Agreement.
36. Independent Contractors. Any person or entities retained by the AGENCY or any contractor shall be retained on an independent contractor basis and shall not be employees of WRCOG. Any personnel performing services on the Project shall at all times be under the exclusive direction and control of the AGENCY or contractor, whichever is applicable. The AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Project and as required by law. The AGENCY or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers’ compensation insurance.
37. Effective Date. This Agreement shall not be effective until executed by both Parties. The failure of one party to execute this Agreement within forty-five (45) days of the other party executing this Agreement shall render any execution of this Agreement ineffective.
38. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
[SIGNATURES ON FOLLOWING PAGE]
165
25-NW-EAV-1403
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives to be effective on the day and year first above-written.
WESTERN RIVERSIDE COUNCIL CITY OF EASTVALE
OF GOVERNMENTS
By: Date: By: Date:
Dr. Kurt Wilson
Executive Director
Approved to Form:
By: Date:
Steven C. DeBaun
General Counsel
166
25-NW-EAV-1403
Exhibit A
EXHIBIT “A”
SCOPE OF WORK
SCOPE OF WORK:
Planning, Engineering, Environmental, Project Management and Construction for ITS project along Archibald and Hamner Avenues.
PA/ED, PS&E, and CON phases for the following:
• Archibald and Hamner ITS (25-NW-EAV-1403)
167
25-NW-EAV-1403
Exhibit A – 1
EXHIBIT “A-1”
ESTIMATE OF COST
Phase TUMF LOCAL TOTAL
PA&ED 315,000 315,000
PS&E 788,000 788,000
RIGHT OF WAY
CONSTRUCTION 3,379,000 3,379,000
TOTAL 4,482,000 4,482,000
168
25-NW-EAV-1403
Exhibit A – 2
EXHIBIT “A-2”
PROJECT SCHEDULE
TIMETABLE:
Phase
Estimated
Completion Date Estimated Cost Comments
PA&ED June 2026 315,000
PS&E June 2026 788,000
RIGHT OF WAY March 2026
CONSTRUCTION December 2026 3,379,000
TOTAL 4,482,000
169
25-NW-EAV-1403
Exhibit B
Elements of Compensation
EXHIBIT “B”
PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES
1. For professional services, WRCOG recommends that the AGENCY incorporate this Exhibit “B-1” into its contracts with any subcontractors to establish a standard method for preparation of invoices by contractors to the AGENCY and ultimately to WRCOG for reimbursement of AGENCY contractor costs.
2. Each month the AGENCY shall submit an invoice for eligible Project costs incurred during the preceding month. The original invoice shall be submitted to WRCOG’s Executive Director with a copy to WRCOG’s Project Coordinator. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit “B-2”.
3. For jurisdictions with large construction projects (with the total construction cost exceeding $10 million) under construction at the same time, may with the approval of WRCOG submit invoices to WRCOG for payment at the same time they are received by the jurisdiction. WRCOG must receive the invoice by the 5th day of the month in order to process the invoice within 30 days. WRCOG will retain 10% of the invoice until all costs have been verified as eligible and will release the balance at regular intervals not more than quarterly and not less than semi-annually. If there is a discrepancy or ineligible costs that exceed 10% of the previous invoice WRCOG will deduct that amount from the next payment.
4. Each invoice shall include documentation from each contractor used by the AGENCY for the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or subcontractor for the month and for the entire Project to date. Samples of acceptable task level documentation and progress reports are attached as Exhibits “B-4” and “B-5”. All documentation from the Agency’s contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit “B-3”.
5. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY staff for eligible Project costs, the AGENCY shall provide the same level of information for its labor and any expenses as required of its contractors pursuant to Exhibit “B” and its attachments.
6. Charges for each task and milestone listed in Exhibit “A” shall be listed separately in the invoice.
7. Each invoice shall include a certification signed by the AGENCY Representative or his or her designee which reads as follows:
170
25-NW-EAV-1403
Exhibit B
“I hereby certify that the hours and salary rates submitted for reimbursement in this invoice are the actual hours and rates worked and paid to the contractors or subcontractors listed.
Signed ________________________________
Title __________________________________
Date __________________________________
Invoice No. ____________________________
8. WRCOG will pay the AGENCY within 30 days after receipt by WRCOG of an invoice.
If WRCOG disputes any portion of an invoice, payment for that portion will be withheld, without interest, pending resolution of the dispute, but the uncontested balance will be paid.
9. The final payment under this Agreement will be made only after: (I) the AGENCY has obtained a Release and Certificate of Final Payment from each contractor or subcontractor used on the Project; (ii) the AGENCY has executed a Release and Certificate of Final Payment; and (iii) the AGENCY has provided copies of each such Release to WRCOG.
171
25-NW-EAV-1403
Exhibit B-1
EXHIBIT “B-1”
[Sample for Professional Services]
For the satisfactory performance and completion of the Services under this Agreement, Agency will pay the Contractor compensation as set forth herein. The total compensation for this service shall not exceed (_____INSERT WRITTEN DOLLAR AMOUNT___) ($___INSERT NUMERICAL DOLLAR AMOUNT___) without written approval of Agency’s City Manager [or applicable position] (“Total Compensation”).
1. ELEMENTS OF COMPENSATION.
Compensation for the Services will be comprised of the following elements: 1.1 Direct Labor Costs; 1.2 Fixed Fee; and 1.3 Additional Direct Costs.
1.1 DIRECT LABOR COSTS.
Direct Labor costs shall be paid in an amount equal to the product of the Direct Salary Costs and the Multiplier which are defined as follows:
1.1.1 DIRECT SALARY COSTS
Direct Salary Costs are the base salaries and wages actually paid to the Contractor's personnel directly engaged in performance of the Services under the Agreement. (The range of hourly rates paid to the Contractor's personnel appears in Section 2 below.)
1.1.2 MULTIPLIER
The Multiplier to be applied to the Direct Salary Costs to determine the Direct Labor Costs is _________________, and is the sum of the following components:
1.1.2.1 Direct Salary Costs ____________________
1.1.2.2 Payroll Additives ____________________
The Decimal Ratio of Payroll Additives to Direct Salary Costs. Payroll Additives include all employee benefits, allowances for vacation, sick leave, and holidays, and company portion of employee insurance and social and retirement benefits, all federal and state payroll taxes, premiums for insurance which are measured by payroll costs, and other contributions and benefits imposed by applicable laws and regulations.
1.1.2.3 Overhead Costs ____________________
172
25-NW-EAV-1403
Exhibit B-1
The Decimal Ratio of Allowable Overhead Costs to the Contractor Firm's Total Direct Salary Costs. Allowable Overhead Costs include general, administrative and overhead costs of maintaining and operating established offices, and consistent with established firm policies, and as defined in the Federal Acquisitions Regulations, Part 31.2.
Total Multiplier ____________________
(sum of 1.1.2.1, 1.1.2.2, and 1.1.2.3)
1.2 FIXED FEE.
1.2.1 The fixed fee is $______________________.
1.2.2 A pro-rata share of the Fixed Fee shall be applied to the total Direct Labor Costs expended for services each month, and shall be included on each monthly invoice.
1.3 ADDITIONAL DIRECT COSTS.
Additional Direct Costs directly identifiable to the performance of the services of this Agreement shall be reimbursed at the rates below, or at actual invoiced cost.
Rates for identified Additional Direct Costs are as follows:
ITEM REIMBURSEMENT RATE
[___insert charges___]
Per Diem $ /day
Car mileage $ /mile
Travel $ /trip
Computer Charges $ /hour
Photocopies $ /copy
Blueline $ /sheet
LD Telephone $ /call
Fax $ /sheet
Photographs $ /sheet
Travel by air and travel in excess of 100 miles from the Contractor's office nearest to Agency’s office must have Agency's prior written approval to be reimbursed under this Agreement.
173
25-NW-EAV-1403
Exhibit B-1
2. DIRECT SALARY RATES
Direct Salary Rates, which are the range of hourly rates to be used in determining Direct Salary Costs in Section 1.1.1 above, are given below and are subject to the following:
2.1 Direct Salary Rates shall be applicable to both straight time and overtime work, unless payment of a premium for overtime work is required by law, regulation or craft agreement, or is otherwise specified in this Agreement. In such event, the premium portion of Direct Salary Costs will not be subject to the Multiplier defined in Paragraph 1.1.2 above.
2.2 Direct Salary Rates shown herein are in effect for one year following the effective date of the Agreement. Thereafter, they may be adjusted annually to reflect the Contractor's adjustments to individual compensation. The Contractor shall notify Agency in writing prior to a change in the range of rates included herein, and prior to each subsequent change.
POSITION OR CLASSIFICATION RANGE OF HOURLY RATES
[___sample___]
Principal $ .00 - $ .00/hour
Project Manager $ .00 - $ .00/hour
Sr. Engineer/Planner $ .00 - $ .00/hour
Project Engineer/Planner $ .00 - $ .00/hour
Assoc. Engineer/Planner $ .00 - $ .00/hour
Technician $ .00 - $ .00/hour
Drafter/CADD Operator $ .00 - $ .00/hour
Word Processor $ .00 - $ .00/hour
2.3 The above rates are for the Contractor only. All rates for subcontractors to the Contractor will be in accordance with the Contractor's cost proposal.
3. INVOICING.
3.1 Each month the Contractor shall submit an invoice for Services performed during the preceding month. The original invoice shall be submitted to Agency's Executive Director with two (2) copies to Agency's Project Coordinator.
3.2 Charges shall be billed in accordance with the terms and rates included herein, unless otherwise agreed in writing by Agency's Representative.
3.3 Base Work and Extra Work shall be charged separately, and the charges for each task and Milestone listed in the Scope of Services, shall be listed separately. The charges for each individual assigned by the Contractor under this Agreement shall be listed separately on an attachment to the invoice.
174
25-NW-EAV-1403
Exhibit B-1
3.4 A charge of $500 or more for any one item of Additional Direct Costs shall be accompanied by substantiating documentation satisfactory to Agency such as invoices, telephone logs, etc.
3.5 Each copy of each invoice shall be accompanied by a Monthly Progress Report and spreadsheets showing hours expended by task for each month and total project to date.
3.6 If applicable, each invoice shall indicate payments to DBE subcontractors or supplies by dollar amount and as a percentage of the total invoice.
3.7 Each invoice shall include a certification signed by the Contractor's Representative or an officer of the firm which reads as follows:
I hereby certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed.
Signed _____________________________
Title _____________________________
Date _____________________________
Invoice No. _____________________________
4. PAYMENT
4.1 Agency shall pay the Contractor within four to six weeks after receipt by Agency of an original invoice. Should Agency contest any portion of an invoice, that portion shall be held for resolution, without interest, but the uncontested balance shall be paid.
4.2 The final payment for Services under this Agreement will be made only after the Contractor has executed a Release and Certificate of Final Payment. 175
25-NW-EAV-1403
Exhibit B-2
EXHIBIT B-2
Sample Cover Letter to WRCOG
Date
Western Riverside Council of Governments
3390 University Avenue; Suite 450
Riverside, California 92501
Attention: Deputy Executive Director
ATTN: Accounts Payable
Re: Project Title - Invoice #__
Enclosed for your review and payment approval is the AGENCY’s invoice for professional and technical services that was rendered by our contractors in connection with the 2002 Measure “A” Local Streets and Roads Funding per Agreement No. ________ effective (Month/Day/Year) .
The required support documentation received from each contractor is included as backup to the invoice.
Invoice period covered is from Month/Date/Year to Month/Date/Year .
Total Authorized Agreement Amount: $0,000,000.00
Total Invoiced to Date: $0,000,000.00
Total Previously Invoiced: $0,000,000.00
Balance Remaining: $0,000,000.00
Amount due this Invoice: $0,000,000.00
===========
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors listed.
By: _____________________________
Name
Title
cc:
176
25-NW-EAV-1403
Exhibit B-3
EXHIBIT B-3
Sample Letter from Contractor to AGENCY
Month/Date/Year
Western Riverside Council of Governments
3390 University Avenue; Suite 200
Riverside, California 92501
Attention: Deputy Executive Director
Attn: Accounts Payable Invoice #____________
For [type of services] rendered by [contractor name] in connection with [name of project] This is per agreement No. XX-XX-XXX effective Month/Date/Year .
Invoice period covered is from Month/Date/Year to Month/Date/Year .
Total Base Contract Amount: $000,000.00
Authorized Extra Work (if Applicable) $000,000.00
------------------
TOTAL AUTHORIZED CONTRACT AMOUNT: $000,000.00
Total Invoice to Date: $000,000.00
Total Previously Billed: $000,000.00
Balance Remaining: $000,000.00
Amount Due this Invoice: $000,000.00
==========
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed,
By: ____________________
Name
Title
177
25-NW-EAV-1403
Exhibit B-4
EXHIBIT B-4
SAMPLE TASK SUMMARY SCHEDULE
(OPTIONAL)
178
25-NW-EAV-1403
Exhibit B-5
EXHIBIT B-5
Sample Progress Report
REPORTING PERIOD: Month/Date/Year to Month/Date/Year
PROGRESS REPORT: #1
A. Activities and Work Completed during Current Work Periods TASK 01 – 100% PS&E SUBMITTAL
1. Responded to Segment 1 comments from Department of Transportation
2. Completed and submitted Segment 1 final PS&E
B. Current/Potential Problems Encountered & Corrective Action Problems Corrective Action
None None
C. Work Planned Next Period
TASK 01 – 100% PS&E SUBMITTAL
1. Completing and to submit Traffic Signal and Electrical Design plans
2. Responding to review comments
179
- 1 -
4921-6086-1527 v1
AGREEMENT FOR SERVICES
BETWEEN
THE CITY OF EASTVALE, CALIFORNIA
AND
STC TRAFFIC, INC.
This Agreement for Services (“Agreement”) is entered into as of this 13th day of August, 2025 (“Effective Date”) by and between the City of Eastvale, a municipal corporation (“City”) organized under the laws of the State of California, and STC Traffic, Inc., a California Corporation with its principal place of business at (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by direct negotiation the performance of the services defined and described particularly in Section 2 of this Agreement.
B. Contractor, following submission of a proposal for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services.
C. The Parties desire to formalize the selection of Contractor for performance of those services 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.
The Term of this Agreement is for one (1) year commencing on the Effective Date (“Term”) unless earlier terminated as provided in Section 20 “Termination of Agreement”.
Contractor shall complete the Services within the Term of this Agreement, and shall meet any other established schedules and deadlines.
SECTION 2. SCOPE OF SERVICES.
Contractor agrees to perform the services set forth in Contractor’s Proposal, attached hereto as Exhibit “A” “Proposal” (hereinafter, the “Services”) and made a part of this Agreement by this reference. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Contractor shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Contractor to continue performing the Services. Only the portions of Contractor’s Proposal which describe the Services to be provided and the 180
- 2 -
4921-6086-1527 v1
compensation for such Services shall be incorporated into this Agreement. Other information, terms and conditions contained in the Proposal are not incorporated into this Agreement shall be of no force or effect. If there is any conflict between the body of this Agreement and the Contractor’s Proposal, the body of this Agreement shall govern.
SECTION 3. ADDITIONAL SERVICES.
Contractor shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in Exhibit “A”. The total compensation, including reimbursement for actual expenses, shall not exceed Three Hundred Forty Seven Thousand One Hundred Sixty dollars ($347,160.00), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement.
(b) Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “A” 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 181
- 3 -
4921-6086-1527 v1
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. 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 MATERIALS; EXCEPTIONS; WARRANTY. (a) Documents and Data. 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 (“Materials”) 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 Materials. .
(b) If and to the extent that City utilizes for any purpose not related to this Agreement any Materials 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 Materials.
(c) 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.
(d) Contractor warrants that all Materials it drafts and completes pursuant to this Agreement constitutes original work. Specifically, Contractor understands and agrees that use of artificial intelligence (AI) tools including, without limitation, ChatGPT, Microsoft’s Bing Chat, Google’s Bard, and Meta’s LLaMA (Large Language Model Meta AI), in the performance of this Agreement does not constitute an original work, i.e., submitting Materials generated by such AI tools to City and representing it as Contractor’s original work constitutes a material breach of this Agreement, constitutes a false claim, and may also violate applicable intellectual property right laws including, without limitation, United States Copyright Law. Accordingly, and notwithstanding any other provision of this Agreement as to ownership, City specifically rejects ownership of such Materials. Contractor is required to indemnify and defend City to the fullest extent allowed by applicable law should it violate this Section.
182
- 4 -
4921-6086-1527 v1
SECTION 7. CONTRACTOR'S BOOKS AND RECORDS.
(a) Contractor shall maintain any and all documents and records demonstrating or relating to Contractor’s performance of the Services. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to the Services, including expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. In accordance with California Government Code Section 8546.7, if the total compensation in Section 4 exceeds ten thousand dollars ($10,000.00), this Agreement and the Contractor's books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor’s address indicated for receipt of notices in this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Contractor’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives.
SECTION 8. INDEPENDENT CONTRACTOR.
(a) Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise.
(b) The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Contractor or any of Contractor’s personnel.
Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s personnel are in any manner officials, officers, or employees of City. 183
- 5 -
4921-6086-1527 v1
(c) Neither Contractor, nor any of Contractor’s personnel shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor, its officers, employees, agents or subcontractors, may have to any such rights. Contractor’s indemnity obligations in Section 16 “Indemnification” of this Agreement include the obligation to indemnify the City from and against any liability that may arise related to claims that Contractor, its officers, employees, agents or subcontractors, are entitled to retirement, health care or any other benefits that accrue to City employees. This provision shall survive the expiration or earlier termination of this Agreement.
SECTION 9. STANDARD OF PERFORMANCE.
(a) Contractor represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Contractor under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Proposal” 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.
(b) Contractor warrants that (1) it has thoroughly investigated and considered the work to be performed, (2) it has investigated the issues, regarding the scope of Services to be provided, (3) it has carefully considered how the work should be performed, and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement.
(c) Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Contractor shall at all times enforce strict discipline and good order among its employees. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Services, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Services to be performed by the Contractor and shall not be reemployed on the Services.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Contractor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the Term of this Agreement. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement and such 184
- 6 -
4921-6086-1527 v1
licenses, permits and approvals shall be maintained throughout the Term of 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
Contractor represents that it is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall obtain a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov/dlsr/. In the alternative, Contractor may view a copy of the prevailing rates of per diem wages at the City. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the project and require the same of any subcontractors. This project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.
SECTION 12. NONDISCRIMINATION.
Contractor shall not discriminate, in any way, against any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status in connection with or related to the performance of this Agreement.
SECTION 13. UNAUTHORIZED ALIENS.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should 185
- 7 -
4921-6086-1527 v1
Contractor so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
SECTION 14. CONFLICTS OF INTEREST.
(a) Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of the Services. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Contractor is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Contractor is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Contractor will perform nonrelated 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. Contractor shall not use City’s name or insignia, photographs, or any publicity pertaining to the Services in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. (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 186
- 8 -
4921-6086-1527 v1
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.
(d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor.
However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Contractor shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
SECTION 16. INDEMNIFICATION.
(a) Design Professional Indemnification. Contractor is a “design professional” as defined in Civil Code Section 2782.8. In accordance with Civil Code Section 2782.8, 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 claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") to the extent same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, its officers, agents, employees or sub-consultants (or any entity or individual that Contractor shall bear the legal liability thereof). In the event Claims are found by the trier of fact to have been caused by the joint or concurrent negligence of the City, its contractors and other design professionals, and Contractor, damages and expenses from both indemnity and duty to defend obligations shall be borne by each party in proportion to its negligence.
Notwithstanding the foregoing, in the event one or more defendants are unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Contractor shall meet and confer with other parties regarding unpaid defense costs. The provisions of this section pertaining to Contractor’s duty to defend shall not apply if there is a projectspecific general liability policy of insurance that insures all project participants for general liability exposure on a primary basis and also covers all design professionals involved with the project for their legal liability arising out of their professional services on a primary basis.
(b) 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 187
- 9 -
4921-6086-1527 v1
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.
(c) City’s Negligence. The provisions of this section do not apply to claims occurring as a result of City’s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.
SECTION 17. INSURANCE.
Contractor agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “B” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Contractor agrees to provide City with copies of required policies upon request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Contractor are material considerations for this 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. If City doe not agree to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause.
SECTION 20. TERMINATION OF AGREEMENT.
188
- 10 -
4921-6086-1527 v1
(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) 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. (c) Upon termination of this Agreement by either Contractor or City, all property belonging exclusively to City which is in Contractor’s possession shall be returned to City.
Contractor shall furnish to City a final invoice for work performed and expenses incurred by Contractor, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.
SECTION 21. DEFAULT.
In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant, in the sole discretion of the City. 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.
189
- 11 -
4921-6086-1527 v1
SECTION 24. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Eastvale
Attn: City Engineer
12363 Limonite Ave., Suite 910
Eastvale, CA 91752
To Contractor: STC Traffic, Inc.
Attn: Jason Stack
5973 Avenida Encinas, Suite 218
Carlsbad, CA 92008
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 it does not exceed the amount that may be approved administratively pursuant to the Eastvale Municipal Code. The 190
- 12 -
4921-6086-1527 v1
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 by Contractor shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 30. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 32. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" 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). 191
- 13 -
4921-6086-1527 v1
SECTION 34. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.
SECTION 35. ELECTRONIC SIGNATURE.
The Parties agree that the Parties may use electronic signatures to execute this Agreement. Such signatures shall have the same force and effect as if this Agreement were executed by hand. Contractor agrees to indemnify, defend, and hold the City harmless from any claim, damage, or liability associated with transmitting an electronic signature or an electronically signed record by electronic transmission.
SECTION 36. DATA PROTECTION.
a) Contractor shall protect, using the most secure means and technology that is commercially available, City-provided data or consumer-provided data acquired in the course and scope of this Agreement, including but not limited to customer lists and customer credit card or consumer data, (collectively, the “City Data”). Contractor shall notify City in writing as soon as reasonably feasible, and in any event within twenty-four (24) hours, of Contractor’s discovery or reasonable belief of any unauthorized access of City Data (a “Data Breach”), or of any incident affecting, or potentially affecting City Data related to cyber security (a “Security Incident”), including, but not limited to, denial of service attack, and system outage, instability or degradation due to computer malware or virus. Contractor shall begin remediation immediately. Contractor shall provide daily updates, or more frequently if required by City, regarding findings and actions performed by Contractor until the Data Breach or Security Incident has been effectively resolved to City’s satisfaction. Contractor shall conduct an investigation of the Data Breach or Security Incident and shall share the report of the investigation with City. At City’s sole discretion, City and its authorized agents shall have the right to lead or participate in the investigation. Contractor shall cooperate fully with City, its agents and law enforcement. b) If City is subject to liability for any Data Breach or Security Incident, then Contractor shall fully indemnify and hold harmless City and defend against any resulting actions.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
[SIGNATURES ON FOLLOWING PAGE]
192
- 14 -
4921-6086-1527 v1
CITY OF EASTVALE
___________________________
Mark Orme
City Manager
ATTEST:
___________________________
Marc Donohue
City Clerk
APPROVED AS TO FORM
_______________________________
Erica Vega
City Attorney
STC TRAFFIC, INC.
____
Jason Stack
President
193
4921-6086-1527 v1
EXHIBIT "A"
PROPOSAL
194
4921-6086-1527 v1
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 195
4921-6086-1527 v1
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 196
4921-6086-1527 v1
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.
197
STC Traffic, Inc.
STC Traffic, Inc.
5973 Avenida Encinas, Suite 218
Carlsbad, CA 92008
h!ps://www.stctraffic.com
July 23, 2025
City of Eastvale
Yurhi Choi, Principal Engineer
12363 Limonite Avenue, Suite 910
Eastvale, CA 91752
[email protected]
Subject: Hamner Ave and Archibald Ave Synchroniza
on Project
Dear Ms. Choi,
STC Traffic is pleased to provide the City of Eastvale with the following proposal for traffic engineering services associated with the Hamner Ave and Archibald Ave Synchroniza5on Project. The project includes developing PS&E, construc5on support (systems implementa5on and integra5on), and 5ming and coordina5on plans for the communica5on system and traffic signal opera5ons. This project is part of the City’s ini5a5ve to implement traffic signal synchroniza5on on cri5cal corridors; Limonite Ave was the first corridor and was implemented with great opera5on benefits.
Project Descrip5on:
The project PS&E scope includes the installa5on of ITS infrastructure, such as Ethernet switches, controllers, advanced video detec5on, fiber jumpers, fiber distribu5on units, splice enclosures, pull boxes, new cabinets with founda5ons (where needed), fiber op5c cable (where needed), and new conduit (where needed). Exis5ng conduits will be u5lized where exis5ng conduit and condi5ons permit.
The fiber will break out in splice closures and connect to traffic signals along the project corridors.
Termina5on, distribu5on, and network equipment will be designed and housed in the traffic signal cabinets. A single PS&E package will be prepared for adver5sing and contractor bids. The contractor will be responsible for furnishing and installing both the equipment and the infrastructure. PS&E project loca5ons and approach include:
• Develop plans, estimates and specifications (PS&E) for installation of fiber optic communications on the project corridors. The project limits include:
o Hamner Ave, between Cantu-Galleano Ranch Rd on the north and Citrus Ave on the south. There is a total of 14 signals on the corridor.
New plans will be prepared for segments without existing fiber. This includes Cantu Galeano Ranch Road to Eastvale Gateway and Riverboat Drive to Citrus Ave.
Plans from 2015 were constructed for 48 SMFOC between Eastvale Gateway and Riverboat Drive. This existing fiber segment, equipment, and devices will be investigated and tested. Improvement needs will be reflected with mark-ups to the existing plans rather than create new plans.
The intersections on Hamner Ave north of Bellegrave Ave are jointly owned by the City of Eastvale and City of Ontario. This scope is optional. o Archibald Ave between Remington Ave and River Road. There are segments of existing twisted pair conduit and cable installation between Remington Ave and Providence Way, 65th Street to Eastvale Parkway, and Fieldmaster Street and River Road. Existing198 STC Traffic, Inc.
STC_Hamner Synch System Proposal_07.23.25.docx 2
conduits will be reused when possible and fiber optic cable installed. There is a total of 12 signals on the corridor.
o The intersection at Hamner Ave and Citrus Street is owned by the City of Norco. This scope is optional.
• STC will provide system implementation oversight and integration support for the existing and new network devices. Once the systems are up and running, timing plans will be implemented for optimized traffic flow.
The following table contains a list of intersec5ons with associated plan produc5on for the project scope.
Intersection # North-South East-West
Hamner Ave
1* Hamner Ave Cantu-Galleano/ Ontario Ranch Rd
2* Hamner Ave The Station
3* Hamner Ave Eucalyptus Ave
4 Hamner Ave Bellegrave Ave
5 Hamner Ave Amberhill Ave
6 Hamner Ave Swan Lake
7 Hamner Ave Eastvale Gateway
8 Hamner Ave Limonite Ave
9 Hamner Ave Oakdale Street
10 Hamner Ave 65th Street
11 Hamner Ave 68th Street
12 Hamner Ave Riverboat Drive
13 Hamner Ave Schleisman Rd
14** Hamner Ave Citrus Street
Hamner Ave Plan Sheet Subtotal 4 new plan sheets, 1 splice diagram sheet, and 3 existing plan sheet mark-ups.
Hamner Ave Optional Plan Sheet Subtotal
(locations 1, 2, 3, and 14)
3 new plan sheets, 1 splice diagram sheet
Archibald Ave
1 Archibald Ave Limonite Ave
2 Archibald Ave Providence Wy
3 Archibald Ave 65th St
4 Archibald Ave Whispering Hills Dr
5 Archibald Ave Schleisman Rd
6 Archibald Ave Soleil Dr
7 Archibald Ave Smith River Rd/ Eastvale Pkwy
8 Archibald Ave Chandler St
9 Archibald Ave Fieldmaster St
10 Archibald Ave Wind River Rd
11 Archibald Ave Corbin Dr
12 Archibald Ave River Road
Archibald Ave Plan Sheet Subtotal 8 new plan sheets. 2 splice diagram sheets. *Optional, jointly owned by City of Eastvale and City of Ontario. **Optional, owned by City of Norco.
199
STC Traffic, Inc.
STC_Hamner Synch System Proposal_07.23.25.docx 3
Scope of Work:
PS&E Package, Construc5on Support, Coordina5on Plans and Opera5ons
1. Project Management/Coord – STC understands the expecta5ons and can self-perform the design. Check-in mee5ngs will be scheduled every 3 weeks (1 hour) to review progress, design considera5ons/ alterna5ves, and costs. A brief technical memo summarizing the design op5ons, costs, and recommenda5ons will be submi!ed with the 30% plans. Milestone mee5ngs will be held at the 30%, 90%, 100%, and issue for bid stages.
2. Field Reviews – STC will review and record the condi5on of conduit, boxes, cabinets, and exis5ng fiber op5c system 5e-ins. Prior to field reviews exis5ng design documenta5on will be gathered to reference for exis5ng infrastructure type and loca5on and to facilitate note taking. Pictures will also be recorded.
Exis5ng fiber op5c cable and condi5ons on Hamner Avenue and Archibald will be inves5gated and tested to validate working order. Exis5ng network equipment will also be tested and validated. Cabinet equipment will be reviewed including controllers, video detec5on, BBS, EVP, and other devices to verify ability to connect to network communica5ons.
3. Engineering design plans – Design plans will be prepared and reviewed at the 30%, 90%, 100%, and issue for bid stages of design. Review comments will be recorded on a comment traceability matrix with disposi5on. U5li5es will be necessary where new conduit, pull boxes, splice vaults, and new cabinet founda5ons are installed.
• Plans will be 40 scale, traffic signal interconnect plans. • 15 sheets of plans. 12 new and exis5ng Hamner interconnect plans will be redlined with improvement needs (3 sheets).
• 1 5tle sheet, 2 detail sheets, 1 network architecture sheet, and 3 splice diagram sheets. • The op5onal scope is 3 new plan sheets and 1 splice diagram sheet. • Es5mated 26 sheets total. 22 required and 4 op5onal.
• The number of new cabinets and advanced video detec5on systems is not known.
However, most loca5ons have exis5ng video detec5on and exis5ng cabinets are in good condi5on. Where upgrades are needed based on field reviews, the installa5ons will be reflected with mark-ups on exis5ng traffic signal record plan sheets and included in the PS&E set.
4. Specs and Es5mate – Design alterna5ves include:
• Review upgrading exis5ng conduit access/ bends and pull boxes to fiber op5c standards. • Fiber op5c cable size, 72-strand or larger. Exis5ng 48-strand will remain. • Cost comparisons of alterna5ve design considera5ons and budget constraints.
5. Construc5on Support – This includes adver5sement, RFI, RFC, and submi!als. STC will provide system integra5on support for new and exis5ng network devices. These include controllers, video detec5on, switches, and other cabinet equipment with network capability. • 26 intersec5ons on both corridors. 22 required and 4 op5onal. • Central and Transparity system integra5on.
6. Signal Timing and Coordina5on Plans – 26 signals on both corridors. 22 required and 4 op5onal.
STC will review exis5ng corridor opera5on including:
• Field observa5ons of traffic condi5ons.
200
STC Traffic, Inc.
STC_Hamner Synch System Proposal_07.23.25.docx 4
• Perform MUTCD compliance check.
• Check base 5ming values and compare them to City standard 5ming values.
Signal Timing and Coordina5on Plans:
• Order traffic counts and develop Synchro model.
• Develop coordina5on plans and three TOD schedules.
• Bench test coordina5on plans.
• Provide digital and hard copies of signal 5ming for City review.
Implementa5on, Observa5on, and Fine Tuning: STC shall implement new 5ming and observe opera5ons. STC to make field modifica5ons as needed. The 5ming plan implementa5on will be staged as new systems are brought online.
Before and AOer Performance Analysis: STC shall perform travel runs and/ or u5lize new performance monitoring systems installed as part of the synchroniza5on improvements to measure corridor travel 5me, speed, delay, and number red and green signals. The before and aOer-travel condi5ons will be compared to determine synchroniza5on benefits and the results will be provided in a brief technical memo.
Exclusions:
• Oversight of other projects.
• U5lity coordina5on.
• Traffic signal modifica5on plans.
• Coordina5on plans will be implemented once, following installa5on and ac5va5on of synchroniza5on system.
• Equipment purchase.
Cost Proposal:
The following table provides an es5mate for the tasks.
Item Scope of Work Sub Total
Required Scope
1 - 4
PS&E including Hamner and Archibald, project management, field reviews, estimated 22 total sheets. $137,900
5 Construction support for communications system and 22 locations. $47,450 6 Signal timing and coordination plans including data collection, compliance, modeling, bench test, implementation, fine tune, and travel runs/ summary report. 22 locations on 2 corridors. $91,000
Required Subtotal $276,350
Optional Scope
1 - 4 PS&E: Hamner north of Bellegrave and Hamner/ Citrus, estimated 4 total sheets. $19,700 5 Construction support for communications system and 4 locations. $6,550 6 Signal timing and coordination plans 4 locations. $13,000 Optional Subtotal $39,250
Total $315,600
201
STC Traffic, Inc.
STC_Hamner Synch System Proposal_07.23.25.docx 5
The fee es5mates for the PS&E, construc5on support, and traffic signal opera5ons for the required and op5onal scopes, respec5vely are $276,350 and $39,250. The combined total required, and op5onal scope fee es5mate is $315,600. The schedule will be determined based on discussions with the City.
Thank you for the opportunity to submit a proposal for these services. Should you have any ques5ons feel free to contact me at the address below.
Sincerely,
_
Jason Stack, TE, PTOE
President/Principal-in-Charge
Legal Name: STC Traffic, Inc.
Address: 5973 Avenida Encinas, Suite 218
Carlsbad, CA 92008
www.stctraffic.com
RFP Contact: Jason Stack, TE, PTOE
(714) 315-4640
[email protected]
Proposal Accepted By:
202
HOURS LABOR FEE ($) HOURS LABOR FEE ($) HOURS LABOR FEE ($) HOURS LABOR FEE ($) HOURS LABOR FEE ($) HOURS LABOR FEE ($) HOURS LABOR FEE ($) Task 1-4 Design Plans, Specs, Estimates 35 $9,100.00 70 $15,400.00 280 $50,400.00 420 $63,000.00 0 $0.00 0 $0.00 0 $0.00 805 $137,900.00 Task 5 Construction Support 10 $2,600.00 35 $7,700.00 0 $0.00 0 $0.00 35 $8,750.00 70 $15,400.00 52 $13,000.00 202 $47,450.00Task 6 Signal Timing and Coordination Plans 35 $9,100.00 105 $23,100.00 0 $0.00 70 $10,500.00 70 $17,500.00 140 $30,800.00 0 $0.00 420 $91,000.00 80 $20,800.00 210 $46,200.00 280 $50,400.00 490 $73,500.00 105 $26,250.00 210 $46,200.00 52 $13,000.00 1427 $276,350.00 Task 1-4 Design Plans, Specs, Estimates 5 $1,300.00 10 $2,200.00 40 $7,200.00 60 $9,000.00 0 $0.00 0 $0.00 0 $0.00 115 $19,700.00 Task 5 Construction Support 0 $0.00 5 $1,100.00 0 $0.00 0 $0.00 5 $1,250.00 10 $2,200.00 8 $2,000.00 28 $6,550.00Task 6 Signal Timing and Coordination Plans 5 $1,300.00 15 $3,300.00 0 $0.00 10 $1,500.00 10 $2,500.00 20 $4,400.00 0 $0.00 60 $13,000.00 10 $2,600.00 30 $6,600.00 40 $7,200.00 70 $10,500.00 15 $3,750.00 30 $6,600.00 8 $2,000.00 203 $39,250.0090 $23,400.00 240 $52,800.00 320 $57,600.00 560 $84,000.00 120 $30,000.00 240 $52,800.00 60 $15,000.00 1630 $315,600.00 Required Total
Optional Total
Total
Required Scope
Task Number and Name
Rate ($) 260 220 180 COST ($) 250 220 250
Title/Role Project Manager IV
Optional Scope
FEE PROPOSAL SCHEDULE
STC Traffic, Inc.
Eastvale Hamner and Archibald Synchronization: PS&E, Integration/CON Support, and Signal Timing/Coordination Construction Mgr III
Hours
Project Engineer III Project Engineer II Project Engineer I Systems Engineer IV Systems Engineer III 150
203
AGENDA STAFF REPORT
City Council/Eastvale Public Financing Authority Meeting
CONSENT CALENDAR
Agenda Item No. 11.9
August 13, 2025
Approval of Agreements for Road Striping & Related Maintenance, Repair and Installation Services
Prepared By:
Jimmy Chung, Public Works Director/City Engineer
Recommended Action(s)
Staff recommends that the City Council:
1. Approve Agreements for Road Striping & Related Maintenance, Repair and Installa(on Services with Superior Pavement Markings Inc. and WGJ Enterprises Inc., dba PCI, with each agreement having an individual not to exceed amount of $200,000 per fiscal year, and authorize the City Manager to execute the Agreements; and
2. Find that awarding to the two lowest responsive, responsible bidders rather than only the one lowest responsive, responsible bidder is in the best interests of the City.
Summary
The Public Works Department’s Streets Division maintains a comprehensive network of public streets, roadways, and traffic control elements. To support public safety, proper visibility, and regulatory compliance, the City requires ongoing services for the maintenance, repair, and installa(on of traffic striping, signage, raised pavement markers (RPMs), curb markings, and other related elements.
Contracted road striping and related maintenance services play an important role in helping the City meet rou(ne maintenance needs and respond quickly to urgent or unexpected roadway repairs.
These services are essen(al to preserving roadway safety, opera(onal efficiency, and the overall condition of Eastvale’s transportation infrastructure.
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 | eastvaleca.gov
204
On May 20, 2025, the City issued Invita(on for Bids (IFB) No. 25-108ST through the City’s website and online bidding system, PlanetBids, to solicit proposals from qualified contractors. The IFB was also adver(sed in a local newspaper on May 22 and May 28, 2025 . By the bid closing date of June 5, 2025, the City received two bids. AEer a thorough responsiveness review, both bids were deemed to be responsive to the IFB specifications and requirements.
The bid document included specific language indica(ng the award could result in mul(ple contracts to the best advantage of the City. AEer thorough evalua(on of the bids received, it was determined that it is in the City's best interest to recommend an award to both vendors. This is being done to assure compe((ve pricing while minimizing poten(al delays. Eastvale Municipal Code Sec(on
4.06.070 provides that when compe((ve formal bidding is required the contract shall be awarded to the lowest responsive bidder. Because the City is proposing to award to the two lowest bidders, the City Council must approve an exemp(on to this requirement. Sec(on 4.06.080(i) provides that the Council may authorize an exemp(on from strict adherence to the bidding requirements in the Code if the council finds it is in the best interests of the City. In this circumstance, it is advantageous to the City to have two contracts in place so that the City has flexibility and can ensure (mely delivery of striping and maintenance services as needs arise.
Bid results are as follows:
Name of Bidder City Base Bid Amount
Superior Pavement Markings,
Inc.
Cypress, CA $907,635.00
WGJ Enterprises, Inc. dba PCI Azusa, CA $1,230,050.00
Background
The Public Works Department’s Streets Division relies on contracted services to maintain the safety, visibility, and overall func(onality of the City’s roadway network. Rou(ne and as-needed services such as traffic striping, signage installa(on, pavement markings, and curb pain(ng are essen(al to the upkeep of Eastvale’s transporta(on infrastructure. These services support public safety and efficient traffic flow, ensuring safe and accessible streets for residents, visitors, and City staff.
Qualified contractors are used to perform this work to ensure (mely delivery, adherence to industry standards, and the capacity to respond to both scheduled and emergency needs.
The Scope of services includes, but is not limited to:
Maintenance, repair, and installation of roadway striping and pavement markings Application, maintenance, and removal of curb markings
Installation and maintenance of traffic signs, sign posts, and guardrails Installation and removal of metal beam guardrails
Emergency response services, such as the placement of temporary signage Removal of existing markings using water-blasting or microgrinding methods Application, replacement, and removal of raised pavement markers (RPMs) 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 | eastvaleca.gov
205
All work will be performed in accordance with Riverside County Standards, Caltrans Standard Specifica(ons (CSS), Caltrans Standard Plans (CSP), Standard Specifica(ons for Public Works Construc(on (SSPWC), and/or other specifica(ons as deemed appropriate by the Public Works Department.
The proposed agreements will be for one (1) three-year term, with the op(on to renew for two (2) one-year extensions, subject to sa(sfactory performance. The proposed agreements will each have an individual not to exceed amount of $200,000 per fiscal year. Expenditures will be controlled via budget and individual purchase orders for each vendor. The execu(on of these agreements will con(nue to support the City's commitment to preserving roadway safety and enhancing the overall condition of its transportation infrastructure through ongoing road striping and related services.
Environmental
Per the California Environmental Quality Act (CEQA) Guidelines Sec(on 15378, the award of this Professional Services Agreement does not qualify as a “project” as defined by CEQA.
Strategic Plan Action - Priority Level: 2 | Target #: F | Goal #: F This ini(a(ve supports the City’s commitment to roadway safety and proac(ve infrastructure management.
Fiscal Impact
The proposed agreements will each have an individual not to exceed amount of $200,000 per fiscal year during the ini(al three-year term, with pricing remaining firm throughout this period.
Expenditures will be controlled via budget and individual purchase orders for each vendor. There is no fiscal impact at this (me, and the agreements do not guarantee work or funding. Subject to budget approval and available funding, the majority of expenditures will be charged to Gas Tax Fund Account No. 200-510-6490 and to Capital Improvement Project 94005 under Measure A Fund (Account No. 210-510-6660-94005).
Prior City Council/Commission Action
None.
Attachment(s)
Attachment 1 - Agreement for Road Striping with WGJ Enterprises Inc. dba PCI_25-108ST.pdf Attachment 2 - Agreement for Road Striping with Superior Pavement_25-108ST.pdf 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 | eastvaleca.gov
206
1 AGREEMENT FOR ROAD STRIPING AND RELATED MAINTENANCE,
REPAIR, AND INSTALLATION SERVICES
BETWEEN
THE CITY OF EASTVALE, CALIFORNIA
AND
WGJ ENTERPRISES INC., DBA PCI
This Agreement for Road Striping and Related Maintenance, Repair, and Installation Services (“Agreement”) is entered into as of August 13, 2025 (“Effective Date”) between the City of Eastvale, a municipal corporation (“City”) and WGJ Enterprises Inc., DBA PCI, a California Corporation (“Contractor”) (collectively the “Parties”). 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. SCOPE OF SERVICES
1.1 Term. Subject to the provisions of Section 8 [Termination] of this Agreement, the term of this Agreement is for three years commencing on the Effective Date (“Term”). The Parties may, by mutual, written consent, extend the term of this Agreement for up to two (2) additional one (1) year periods. Such extensions may include increased compensation for an increase in labor or supply costs, with said increase not to exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data as follows:
Riverside-San Bernardino-Ontario, CA; All Urban Consumers; Not Seasonally Adjusted; annualized change comparing the most recent month’s reported data to the same month of the prior year.
1.2 Contractor Services. Subject to the terms and conditions of this Agreement and in accordance with Invitation for Bids (IFB) No. 25-108ST, Contractor agrees to perform for City those services specified in the Scope of Services attached hereto and incorporated herein by reference as Exhibit “A” [Scope of Services] (“Services”). Contractor agrees to furnish, for the compensation provided for herein, all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perform and complete the Services. The Services shall be subject to inspection and approval by City. Contractor agrees to work closely with City staff in the performance of the Services and shall be available to City’s staff and consultants at all reasonable times.
1.3 Extra Work. Contractor shall not be compensated for any work or services rendered in connection with its performance of this Agreement, which are in addition to or outside of the Services (“Extra Work”), except as expressly provided for herein. It shall be Contractor’s responsibility to ensure that the scope and price of any Extra Work to be performed by Contractor is approved by City in writing in advance of Contractor’s commencement of the Extra Work in accordance with Section 9.10 [Amendments] and 207
2 Section 9.19 [Administration and Implementation]. City shall not be obligated to pay for or otherwise be liable for unauthorized Extra Work performed by Contractor.
1.4 Schedule of Performance. Contractor agrees to diligently perform and complete the Services in accordance with the schedule of performance attached hereto and incorporated herein by reference as Exhibit “B” [Schedule of Performance] (“Schedule of Performance”). Modifications to the Schedule of Performance must be agreed upon in writing in advance by the City Manager pursuant to Section 9.19 [Administration and Implementation] and Contractor.
1.5 General Warranty. Contractor warrants all Services under this Agreement (which for purposes of this Section shall be deemed to include unauthorized Extra Work which has not been removed and any non-conforming materials incorporated into the Services) to be of good quality and free from any defective or faulty material and workmanship. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Services, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City.
1.6 Repair of Defects. Contractor agrees that for a period of one (1) year from and after final acceptance of the Services, or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Services, whichever is later, Contractor shall within ten (10) days after being notified in writing by City of any defect in the Services or non-conformance of the Services, commence and prosecute with due diligence all work and services necessary to fulfill the terms of the warranty at its sole cost and expense. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work, facilities, fixtures, or materials damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective Services. For any Services so corrected, Contractor's obligation hereunder to correct defective Services shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Services. Contractor shall perform such tests as City may require to verify that any corrective actions are adequate to remedy the defective condition. In the event that Contractor fails to perform its obligations under this Section to the reasonable satisfaction of City, then City shall have the right to correct and replace any defective, non-conforming, or damaged Services at Contractor's sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.
1.7 Contractor’s Representative. Contractor hereby designates the representative named in Exhibit “D” [Representatives], or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. Contractor’s Representative shall supervise and direct the Services, using his or her best skill and 208
3 attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
1.8 Contract Documents. The following documents shall be referred to collectively as the "Contract Documents," each of which is incorporated into and made part of this Agreement by reference:
Approved and fully executed change orders (if any)
Addenda (if any)
This Agreement
All exhibits to this Agreement
Notice Inviting Bids (if any)
Instructions to Bidders, and any documents referenced therein (if any) Bid Forms (including Contractor’s Bid Schedule) (if any) Payment and Performance Bonds, if required
The Contract Documents are intended to be complementary, and a requirement in one document is as effective as if it appeared in all of the Contract Documents. In the event of a conflict between any of the Contract Documents, the documents shall be given effect in the order set forth above (from top to bottom).
SECTION 2. COMPENSATION AND METHOD OF PAYMENT
2.1 Compensation. City shall pay to Contractor for non-disputed Services rendered the compensation set forth in Exhibit “C” [Compensation] attached hereto and incorporated herein by reference. Total compensation to Contractor for the Services shall not exceed the total price or “not to exceed” amount set forth in Exhibit “C,” without the prior written approval of City in accordance with Section 9.10 [Amendments] and Section
9.19 [Administration and Implementation].
2.2 Payment of Compensation. Contractor shall submit periodic (monthly or quarterly as specified in Exhibit “C”) invoices together with an itemized statement of Services provided. The statement shall describe the Services provided, the percent of work completed by item, together with such other reasonable detail and supporting documentation as may be required by the City Manager, or his/her designee. City will review the statement and pay, with the exception of any charges for work performed or expenses incurred by Contractor which are disputed by City, within 30 days of receiving such statement, all approved charges thereon. Payment by City shall release City from any further obligation for payment to Contractor, for Services performed or expenses incurred as of the date of the invoice. Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defect in work performed by Contractor.
209
4 SECTION 3. RESPONSIBILITIES OF CONTRACTOR
3.1 Control and Payment of Subordinates; Independent Contractor.
Contractor agrees that all Services shall be performed by Contractor or under its supervision. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under the Contractor’s exclusive direction and control.
Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. 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. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, healthcare or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights. Contractor shall make payments promptly, as due, to all persons supplying labor or materials for the Services. Contractor shall not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished for the Services. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person as such claim becomes due, City may pay such claim and charge the amount of the payment against funds due or to become due the Contractor.
The payment of the claim in this manner shall not relieve Contractor or their surety from obligation with respect to any unpaid claims.
3.2 Standard of Care and Licenses. Contractor agrees that all Services shall be performed in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and warrants that it, its employees and subcontractors shall have sufficient skill and experience to perform the Services and that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained in good standing throughout the term of this Agreement.
3.3 Required Corrections. Contractor shall perform, at its own expense and without reimbursement from the City, any work necessary to correct errors or omissions that are caused by the Contractor’s failure to comply with the standard of care provided for herein.
3.4 Law 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 Services, 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 Services.
210
5 3.5 Safety. Contractor shall perform the Services, and maintain its work area, so as to avoid injury or damage to any person or property and shall otherwise 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.
3.6 Labor Code and Prevailing Wage Requirements.
3.6.1 Apprenticeable Crafts. To the extent applicable, 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.
3.6.2 Hours of Work. Contractor shall comply with the legal days work and overtime requirements of Section 1813 of the Labor Code.
3.6.3 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. Contractor shall make all such records available for inspection at all reasonable hours.
3.6.4 Prevailing Wage Laws. Contractor represents and warrants that it 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”), which require the payment of prevailing wage rates and the performance of other requirements on “Public Works” and “Maintenance” projects. Contractor acknowledges that the Services are being performed as part of an applicable “Public Works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and any location where the Services are performed.
3.7 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant, in any way, in the employment of persons to perform the Services in violation of any federal or state law prohibiting discrimination in employment, including based on the 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, of any person, except as provided under California Government Code section 12940.
SECTION 4. INDEMNIFICATION
4.1 Indemnity. Except as to the sole negligence or willful misconduct of City, Contractor expressly agrees to, and shall, indemnify, defend, release, and hold City, and 211
6 its respective officials, officers, employees, agents, and contractors harmless from and against any Action, liability, loss, damage, entry, judgment, order, lien, and Costs and Expenses which arises out of, or are in any way related to, any act or omission of Contractor, or its officers, directors, employees, agents, or contractors, connected with the performance or failure to perform under this Agreement, notwithstanding that City may have benefited therefrom, or any challenge to this Agreement. This Section shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Contractor’s officers, directors, employees, agents and contractors, including but not limited to acts or omissions in any way related to, the release, treatment, use, generation, transportation, storage, or disposal in, on, under, to, or from the location at which work under this Agreement is performed of any Hazardous Substances by Contractor or its officers, directors, employees, agents, and subcontractors. The Parties expressly agree that any payment, or Costs and Expenses City incurs or makes to, or on behalf of, an injured employee under City’s workers’ compensation or other insurance, is included as a loss or Costs and Expenses for the purpose of this Section. City shall not be responsible for any acts, errors or omissions of any person or entity except City and its officers, agents, servants, employees or contractors. The Parties expressly agree that the obligations of Contractor under this Section shall survive the expiration or early termination of the Agreement.
4.2 Action. For purposes of this Agreement, “Action” shall mean any suit (whether legal, equitable, or declaratory in nature), proceeding or hearing (whether administrative or judicial), arbitration or mediation (whether voluntary, court-ordered, binding, or non-binding), or other alternative dispute resolution process, and the filing, recording, or service of any process, notice, claim, demand, lien, or other instrument which is a prerequisite or prelude to commencement of the Action.
4.3 Costs and Expenses. For purposes of this Agreement, “Costs and Expenses” shall mean all costs and expenses, to the extent reasonable in amount, actually and necessarily incurred by a Party in good faith in the investigation, prosecution or defense of an Action, including, but not limited to, court costs, filing, recording, and service fees, copying costs, exhibit production costs, special media rental costs, attorney’s fees, consultant fees, fees for investigators, witness fees (both lay and expert), travel expenses, deposition and transcript costs, and any other costs or expenses, the award of which a court of competent jurisdiction may determine to be just and reasonable.
4.4 Hazardous Substances. For purposes of this Agreement, “Hazardous Substances” shall mean any and all of the following:
a. any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability arises for misuse, pursuant to the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”), 42 U.S.C. §9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. §1801, et seq.; the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. §6901, et seq.; the Toxic Substances Control Act, 15 U.S.C.S. §2601, et seq.; the Clean Water Act, 33 U.S.C. §1251, et seq.; the Insecticide, Fungicide, Rodenticide Act, 7 U.S.C. 212
7 §136, et seq.; the Superfund Amendments and Reauthorization Act, 42 U.S.C. §6901, et seq.; the Clean Air Act, 42 U.S.C. §7401, et seq.; the Safe Drinking Water Act, 42 U.S.C. §300f, et seq.; the Solid Waste Disposal Act, 42 U.S.C. §6901, et seq.; the Surface Mining Control and Reclamation Act, 30 U.S.C. §1201, et seq.; the Emergency Planning and Community Right to Know Act, 42 U.S.C. §11001, et seq.; the Occupational Safety and Health Act, 29 U.S.C. §§655 and 657; the Hazardous Waste Control Act, California Health and Safety Code (“H.&S.C.”) §25100, et seq.; the Hazardous Substance Account Act, H.&S.C.§25330, et seq.; the California Safe Drinking Water and Toxic Enforcement Act, H.&S.C. §25249.5, et seq.; the Underground Storage of Hazardous Substances, H.&S.C. §25280, et seq.; the Carpenter-Presley-Tanner Hazardous Substance Account Act, H.&S.C. §25300, et seq.; the Hazardous Waste Management Act, H.&S.C. §25170.1, et seq.; the Hazardous Materials Response Plans and Inventory, H.&S.C. §25001, et seq.; the Porter-Cologne Water Quality Control Act, Water Code §13000, et seq., all as they may from time to time be amended; and
b. any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability for misuse arises pursuant to any other federal, state or local statute, law, ordinance, resolution, code, rule, regulation, order or decree due to its hazardous, toxic or dangerous nature.
SECTION 5. RECORDS AND DOCUMENTS
5.1 Accounting Records.
5.1.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all expenses incurred under 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. All such records shall be clearly identifiable.
5.1.2 Inspection and Copying. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. At no cost to City, Contractor shall provide copies of such documents or records 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.
5.2 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 shall become the sole property of City and may be used, reused or otherwise disposed of by the City without the permission of the Contractor. Upon completion, 213
8 expiration or termination of this Agreement, Contractor shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents
SECTION 6. INSURANCE
6.1 Maintenance of Insurance. Prior to the beginning of and throughout the term of this Agreement, Contractor will maintain insurance in conformance with requirements established by City for the type of Services being performed. Contractor acknowledges that prior to the Effective Date of this Agreement, City provided to Contractor the applicable insurance requirements, a copy of which are attached hereto as Exhibit “F” [Insurance]. Contractor acknowledges that the insurance coverage and policy limits provided by City 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.
6.2 Subcontractors Insurance. Contractor agrees to ensure that subcontractors, and any other party involved in the performance of the Services 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.
6.3 Modification of Insurance Provisions. The City Manager may make reasonable amendments to the insurance requirements of this section, with the written concurrence of the Finance Director or Risk Manager, in accordance with Section 9.19 [Administration and Implementation] after considering the Scope of Services, potential liabilities, and the required level of insurance to adequately protect the City.
SECTION 7. BONDS
7.1 Performance and Payment Bonds. If required by law or specifically required by City as set forth in Exhibit “E” [Bonds Required], attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with Contractor’s execution of this Agreement, but in no event later than the Effective Date of this Agreement, a Performance Bond and/or a Payment Bond in the amount of the total, not-to-exceed compensation indicated in Exhibit C, and in a form provided or approved by the City.
7.2 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds 214
9 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, without further notice from City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City.
To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety.
7.3 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 8. TERMINATION.
8.1 Termination by City. City may, by written notice to Contractor, terminate with or without cause, and without any prior notice of default or right to cure by Contractor, the whole or any part of this Agreement at any time and by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least five (5) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those non-disputed Services that have been adequately rendered to City, and Contractor shall be entitled to no further compensation.
8.2 Termination by Contractor. Contractor may, by written notice to City, terminate this Agreement based upon City’s failure to timely cure a default under this Agreement as provided herein. At least forty-five (45) days prior to termination, Contractor shall provide City with a written notice specifying City’s alleged default and providing City with a forty-five (45) day period to cure the default. Should City timely cure such default, the Agreement shall continue. Should City fail to timely or adequately cure such default, Contractor may terminate this Agreement by issuance of written notice to City.
SECTION 9. GENERAL PROVISIONS
9.1 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
9.2 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of 215
10 the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.
9.3 Liquidated Damages. The Parties agree that City has a legitimate interest in ensuring that Contractor provides the Services (including performance of all duties and responsibilities) required under this Agreement in a consistent and reliable manner, and that Contractor’s failure to timely provide such Services or to provide them in an inadequate manner will cause City to suffer damages and that it is, and will be, impractical and extremely difficult to ascertain and determine the exact amount of damages or to calculate actual damages. Therefore, in addition to City’s right to treat such nonperformance as a material breach of, and to terminate, this Agreement, the Parties agree that liquidated damages, as provided herein, represent a reasonable estimate of the monetary damages that reasonably could be anticipated and that proof of actual damages would be costly or impractical. The Parties specifically confirm the accuracy of the statements made above and the fact that each Party has had ample opportunity to consult with legal counsel and obtain an explanation of the liquidated damage provisions at the time that the Agreement was made. Therefore, in lieu of actual damages, Contractor is subject to payment of $500 per failure to perform, per day. City may, at its election, deduct any assessed liquidated damages from payment due, or that will become due, to Contractor from City.
9.4 Excusable Delays. Contractor shall not be liable for damages, including liquidated damages, if any, caused by delay in performance of 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.
9.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of the Agreement.
9.6 Governing Law. 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. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Eastern Division of the Central District of California, located in Riverside, California.
9.7 Integration. This Agreement, including the attached Exhibits “A” through “F” and other Contract Documents, 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.
216
11 9.8 Severability. If a 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).
9.9 Prohibited Interests. Contractor represents 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 Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
9.10 Amendments. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contractor and City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Eastvale Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for amendments or modifications to be in writing cannot be waived and that any attempted waiver shall be void.
9.11 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
9.12 Delivery of Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be given to the respective parties at the email addresses or physical addresses listed in Exhibit “D”, or at such other address as the respective parties may provide in writing for this purpose. Such notice shall be deemed made when emailed or personally delivered or forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address.
Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
9.13 Binding Effect. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
9.14 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 or 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 Services by Contractor shall not constitute a waiver of any of the provisions of this Agreement.
9.15 Attorney’s Fees, Costs and Expenses. In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the 217
12 prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorney’s fees and Costs and Expenses, in addition to any other relief to which it may be entitled.
9.16 Subcontracting. Contractor shall not subcontract any portion of the Services, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions of this Agreement.
9.17 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
9.18 Authority to Execute. The person or persons executing this Agreement on behalf of Contractor represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Contractor to the performance of its obligations hereunder.
9.19 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 the City Manager’s contracting authority under the Eastvale Municipal Code.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF EASTVALE CONTRACTOR:
________________________________ ______________________________ Mark Orme, City Manager By: ___________________________ Its: ___________________________
ATTEST:
______________________________
By: __________________________
________________________________ Its: __________________________ Marc Donohue, City Clerk
APPROVED AS TO FORM:
________________________________
Erica Vega, City Attorney
218
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
On ____________________, 20__, before me, ,
Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared ,
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's
Name:
¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
219
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
On ____________________, 20__, before me, ,
Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared ,
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's
Name:
¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
220
EXHIBIT “A”
SCOPE OF SERVICES
Contractor shall perform scope of work and provide specified bid items as set forth below and in accordance with IFB requirements.
A. SPECIFICATIONS
1. SPECIAL PROVISIONS – GENERAL
1.1STANDARD SPECIFICATIONS
The Standard Specifications of the Agency are contained in the 2018 Edition,
including any supplements, of the Standard Specifications for Public Works Construction, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and The Southern California District of the Associated General Contractors of California. Copies of these Standard Specifications are available from the Publisher of Building News, Incorporated, 10801 National Boulevard, Los Angeles, California 90064, telephone (310) 202-7775.
The Standard Specifications set forth above will control the general provisions, construction materials, and construction methods for this contract, except as amended by the Special Provisions or other contract documents. The following Special Provisions, or other contract documents are supplementary and in addition to the provisions of the Standard Specifications, unless otherwise noted. Only those sections requiring elaborations, amendments, specifying of options or additions are called out.
2.1EMERGENCY INFORMATION
The names, addresses and telephone numbers of the Contractor and Subcontractors, or their representatives, shall be filed with the Engineer and the City Police and Fire Departments prior to beginning work.
3.1GUARANTEE
The Prime Contractor shall be responsible for and shall repair any defects due to faulty labor or materials, which may arise or be discovered in accordance with the Standard Specifications.
4.1UTILITIES
This Section shall conform to Section 402 of the Standard Specifications and these Special Provisions.
221
If utility construction work within the area is required during the construction of this project, the Contractor is directed to cooperate with the utility company(ies) and their workers to assure proper installation of the utilities with a minimum of conflict.
5.1WORK DAYS
This Section shall conform to Section 6-1 of the Standard Specifications and these Special Provisions. The Contractor’s activities shall be confined to the following hours during working days as defined as Monday to Friday excluding City observed holidays:
a) 9 a.m. to 4 p.m. for striping on local, collector and secondary arterial streets; and signing on all streets.
b) 9 p.m. to 5 a.m. for removal or striping on major arterials Deviation from these hours or weekend work shall not be permitted without the prior consent of the City’s Project Manager or Designee (CPM), except in emergencies involving immediate hazard to persons or property.
6.1PUBLIC CONVENIENCE AND SAFETY
This section shall conform to Subsection 5-7 of the Standard Specifications and these Special Provisions. the Contractor shall install temporary traffic striping, where needed, in any unstriped lanes opened to traffic.
All street closures and signs used for handling traffic during construction shall be in accordance with the “California Temporary Traffic Control Handbook” (CATTCH), which shall be considered a part of these Special Provisions. The method in which signs, barriers, and other miscellaneous traffic devices are used during construction shall be in accordance with the publication mentioned above, except only standard size signs shall be used on arterial streets.
All signs shall be illuminated or reflectorized when they are used during hours of darkness. All cones, pylons, barricades, or posts used in the diversion of traffic during working hours shall be provided with flashers or other satisfactory illumination.
All signing, barricading and diversion of traffic shall be subject to the approval of the Engineer. The Contractor shall provide a telephone number at which the Contractor’ representatives can be reached should an emergency occur requiring replacement or relocation of the required traffic devices.
Prior to the start of construction operations, the Contractor shall notify the Police and Fire Departments of the City, giving the approximate starting date, completion date, and the name and telephone number of responsible 222
persons who may be contacted at any hour in the event of a critical condition.
Unless noted otherwise in the above descriptions, ALL other work relating to striping, including but not limited to removal and installation of markers, RPMs, stripes, pavement markings, curb markings, and slurry seal shall be considered included in the unit price paid for as itemized in the bid document. This unit price shall include full compensation for furnishing labor, materials, tools, equipment, other incidentals for work as shown on the plans, in the Specifications and in the Special Provisions and no additional payment will allowed therefore.
7.1WORK BY CITY FORCES BECAUSE OF NONCONFORMANCE BY
CONTRACTOR
Should the Contractor fail to correct deficiencies or public nuisances that have been created because of his/her operation, then these will be considered to be of an emergency nature, and will call for the City to move in on the project to take corrective action. Such work will be done on a force account basis with an additional callout charge. There is a minimum twohour charge for labor on any callout plus an additional callout charge of $200.
8.1STORM WATER POLLUTION PREVENTION
Contractor shall review and understand the State General Construction Activity Storm Water Permit before submitting a bid. By submitting a bid, the Contractor acknowledges satisfaction as to the requirements of the State General Construction Activity Storm Water Permit.
The Contractor is hereby notified that specific construction practices in the Standard Specifications, Section 3-12.6.3, Responsibilities of the Contractor” are considered to be Best Management Practices. Applicable construction practices in the Standard Specifications shall be incorporated into the work performed in the City.
Payment for Storm Water Pollution Prevention shall be included in the various items of work involved, and shall include full compensation for conforming to Contractor’s actual construction practices, and no additional payment will be made therefore.
2. SCOPE OF WORK
1.1TYPES OF SERVICES
Services and work to be performed by awarded Contractor shall consist of furnishing all materials, labor, tools, equipment, traffic control, transportation and product handling, delivery and storage necessary to 223
complete the maintenance, repair and installation of roadway signs and striping as described herein including, but not be limited to, the following:
a) Provide sign maintenance, repair and installation utilizing City or Contractor provided signs on existing or Contractor-installed posts or poles as specified by City;
b) Provide roadway striping maintenance, repair and installation using paint, thermoplastic, or other material as specified by City; c) Provide pavement markings installation using paint, thermoplastic, precut thermoplastic, or other material as specified by City; d) Provide curb marking maintenance, repair and installation using paint or other material as specified by City; and
e) Provide installation of metal beam guardrails including end pieces and wooden posts, and removal and disposal of damaged guardrails as specified by City.
f) Emergency Response
1. In case of immediate need to replace certain damaged regulatory signs due to accident or other incidents, where without such a sign could result in immediate hazards to the public and/or property, the Contractor shall provide immediate temporary signs and later replace with permanent signs.
2. In case of traffic signal blackout, provide temporary STOP signs in
all approaches.
All work will be on an as-needed basis determined by the City. The City will issue a Work Order (WO) via email(s) provided to the Contractor. The work varies from a simple sign installation to major arterial re-striping. There shall be no minimum work requirement for each WO.
Contractor is responsible for cat tracks (marking guide lines for the stripe configuration) and locate sign/curb marking based on information from WO for approval prior to installation.
2.1TIME FOR COMPLETION OF WORK
a) General Response
The Contractor shall provide a written acknowledgment of receipt of the WO, including the anticipated mobilization date, within five (5) working days of receiving the WO. The Contractor shall mobilize within ten (10) working days of the written acknowledgment and complete all assigned work within ten (10) working days, unless otherwise approved by the 224
CPM. All work associated with the same WO shall be performed on the same day, unless prior approval is obtained from the CPM.
Any deviations from the above shall be preapproved by CPM . b) Emergency Response
For damaged signs, Contractor shall replace the signs within 24 hours.
If Underground Service Alert is required, the signs must be replaced within three (3) working days.
The Contractor shall have adequate number of the following signs in stock at all time for the duration of the contract for emergency response:
1. STOP (R1, 30”)
2. NO RT SYMBOL (R17, 24”x24”)
3. NO LT SYMBOL (R16, 24”x24”)
4. DO NOT ENTER (R11, 36”x36”)
5. ROAD CLOSED (C2, 36”x24”)
6. ONE WAY (R10, 48”x16”, LT or RT)
3.1STRIPING (TRAFFIC STRIPES AND PAVEMENT MARKINGS)
This Section shall conform to the latest CSP and provisions in Section 84 of the CSS and these Special Provisions.
a) General
All traffic stripes and pavement markings will be traffic paint or thermoplastic as called out per individual tasks. All paint shall be applied in 2 coats on the same day.
All curb markings and median island markings shall be painted using Environmental Protection Agency (EPA) compliant paint material. Paint shall be fast or rapid dry type solvent of similar or approved equal to that manufactured by Ennis or Pervo Paint Companies and shall meet all requirements of South Coast Air Quality Management District. The rate of paint to be applied shall be per recommendation of the paint manufacturer.
All pavement markings including legends, arrows, and symbols shall be per CSP Nos. A24A-E.
All new crosswalks at signalized intersections with wheelchair ramps shall be striped with a 5' clear diagonal (45º cut-off at the curb return.
Crosswalk stripes shall be 12 inches wide.
b) Removal
225
Existing striping, pavement markings, curb marking and RPM superseded by the plans shall be removed. All conflicting striping within limit of project shall be removed even if not shown on the plan.
Removal of traffic stripes and pavement markings shall be by microgrinding or water-blasting. Existing striping and pavement markings, which are removed by micro grinding or water-blasting, shall be completely removed to the satisfaction of the CPM.
c) Temporary Striping
Contractor shall install temporary traffic striping prior to any unstriped lanes opened to traffic. Public traffic shall not be allowed on any multilane arterial street without temporary or permanent striping.
Temporary striping can be by installing reflectorized chip seal markers (single for 4” line, double for 8” line) at 20 feet on center when on a taper or curve, and at 40 feet on center elsewhere. If striping is used, stripes can be paint, applied in 1 coat.
All temporary striping shall be removed prior to the final striping. d) Final Striping
Any existing striping to remain including striping on cross streets, which is disturbed during construction, shall be re-striped as necessary, even if not shown on the plans.
All striping and related roadside signage shall be in place prior to opening the lane(s) to public traffic. Paint shall be dry, as to not allow tracking of paint onto city streets and right of way.
e) Thermoplastic
Thermoplastic traffic stripes and pavement markings shall conform to the provisions in Sections 84-1, “General,” and 84-2, “Thermoplastic Traffic Stripes and Pavement Markings,” of the CSS and these special provisions. (Specification in Appendix)
Specifications for glass beads shall be “8010-004 (Type II).” Glass beads shall be premixed within the thermoplastic material prior to application and also applied to the thermoplastic striping material immediately following the application of the striping.
Thermoplastic material shall conform to the requirements of Caltrans Specification No. PTH-02ALKYD. The binder material shall be Alkyd.
Retroreflectivity of the thermoplastic traffic stripes and pavement markings shall conform to the requirements in ASTM Designation:
226
D 6359-99. White thermoplastic traffic stripes and pavement markings shall have a minimum initial retroreflectivity of 250 mcd m-2lx-1. Yellow thermoplastic traffic stripes and pavement markings shall have a minimum initial retroreflectivity of 150 mcd m-2lx-1.
Thermoplastic traffic stripes shall be free of runs, bubbles, craters, drag marks, stretch marks, and debris.
The Contractor shall not begin work until a written notice to proceed has been issued by the CPM. The Contractor shall notify the CPM a minimum of two working days prior to beginning the work to coordinate the work. A schedule of the streets to be re-striped for each day shall be provided to the CPM one full workday prior to striping or re-striping any streets.
f) Raised Pavement Markers (RPM’s)
Raised pavement markers shall conform to Section 85, "Pavement Markers," of the CSS and these Special Provisions. Reflective pavement markers shall have abrasion-resistant surfaces.
1. REMOVAL - The contractor shall remove any existing raised pavement markers that do not conform to the plans, and repair any damaged pavement due to RPM removal to maintain a
smooth and uniform surface per SSPWC Section 302-5.6.2.
Any missing or broken raised pavement markers shall be
replaced, in kind, within the project boundaries.
2. INSTALLATION – Install raised pavement markers per the plans in accordance with Section 85-1.06, Placement, of the CSS.
Section 85-1.08, Measurement, and Section 85-1.09, Payment, shall be deleted.
4.1TRAFFIC BARRIER AND GUARD RAIL
Per Construction Notes and Detail in Riverside County Standards No. 810 BARRICADE.
5.1SIGNS (ROADSIDE SIGNS) AND MARKERS
This section shall conform to Section 56-2, Roadside Signs of the CSS and these Special Provisions.
a) General
227
All new signs shall be furnished and installed by the Contractor and the City has the option to supply and provide the necessary signage as part of the work order.
The sign sizes, messages, and colors shall conform to the current edition
of the Caltrans Sign Specifications. The sign sizes shall be the standard size shown in the Sign Specifications unless shown otherwise on the plans.
The sign backing material shall be anodized rolled sheet aluminum and shall be one piece with drilled holes for mounting.
All signs installed in parkways, sidewalks or pedestrian areas shall have a
minimum of 7 feet of vertical clearance from the bottom of the lowest sign to the surrounding surface. Street name signs shall have a minimum 9 feet of vertical clearance. All signs installed in raised median areas shall have a minimum vertical clearance of 4 feet from the existing surface unless shown otherwise on the plans.
When two signs are installed on one post, the signs shall be installed in the
proper standard vertical positions unless shown otherwise on the plans.
Regulatory, Warning and Guide signs shall be posted above parking restriction signs. The CPM shall determine the proper order for multiple signs. Sign panels shall not be overlapped.
If sign posts are not long enough to provide standard clearance for all signs, a longer post shall be furnished and installed. Signs shall be installed at right angles to approaching traffic unless shown otherwise on the plans. In no case shall signs be installed on wood utility poles or on wood street light poles.
The City may modify installation requirements as necessary. b) Material and Hardware
1. The base metal for Roadside signs shall be new sheet aluminum of alloys 5052-H38 conforming to the requirements of ASTM
Designation: B209. The thickness of the aluminum sheet shall be
0.080-inch thick. Traffic signal mast arm mounted signs shall be fabricated using 0.10-inch thick aluminum sheeting.
2. All signs, except for temporary or construction signs, shall have reflective sheeting such as 3M High Intensity Prismatic Type III & IV Reflective Sheeting Series 3930, 3M 3930 (HIP) High Intensity 228
Prismatic Type III & IV Reflective Sheeting Fluorescent Yellow Green Sheeting Series, or Avery Dennison T-6500 HIP High Intensity Prismatic Reflective Sheeting .
All signs, except for temporary or construction signs, shall have graffiti coating or film (such as 1160iA Premium Overlay by 3M Company or Avery Dennison OL-1000 UV Series) as recommended by the manufacturer of the reflective material. Neither the color nor the reflective intensity of the finished sign panel shall be significantly diminished by the use of graffiti remover when used in a manner approved by Caltrans and the sheeting manufacturer.
Reflective sheeting will be applied to the sign panel utilizing the method approved by the manufacturer of the sheeting and shall produce a durable bond equal to or greater than the strength of the reflective sheeting. No air pockets or bubbles shall exist between the sheeting and the aluminum backing. All sign panels furnished by the Contractor shall be new with no scratches or tears in the reflective sheeting.
No splice will be allowed in the sign panel reflective sheeting other than
that which occurs in the manufactured roll of reflective sheeting on sign panels with a minor dimension of 48" or less. On all rectangular sign panels, the splice will be horizontal. No finished sign panel shall have more than one (1) splice and no splice will fall within 2" of the sign panel edge. When splices do occur, the adjoining reflective sheets shall be color matched under both incident and reflective light.
Prior to sign installation, the contractor will provide a Certificate of Compliance for the signs.
New signs shall be installed using square tubing signpost (such as Unistrut Telspar™, UltiMate or City-approved equal), anchors and anchor sleeves. Anchors and sleeves shall be embedded with no more than four holes exposed and no less than two holes exposed.
The signpost, anchor and anchor sleeve shall be fully perforated galvanized square 12 gauge steel tubing. The sign post shall be 2 inch square and the sign post anchor shall be 2.25 inch square (all dimensions are nominal).
If the anchor and sleeve are installed in a median island with decorative paving, a concrete or decorative sidewalk area, installation shall be as follows unless otherwise stated:
229
i. A 4-inch diameter Schedule 40 PVC sleeve shall be
installed prior to placement of the new decorative paving. ii. On existing pavement, install a 4-inch diameter Scheduled 40 PVC sleeve by core drilling the pavement.
3. The length of the sleeve shall be the same as the thickness of the decorative paving or up to 1 inch greater. The sleeve shall be installed flush with the finish grade of the surrounding decorative paving. Back fill the annular void between the sleeve and signpost anchor with existing base material or sand to within 1” of the finished surface. Fill the final 1” with grout.
All new signs shall be installed with all new mounting hardware. All new straps, saddle brackets, nuts, bolts, and washers shall be stainless steel. Heavy duty banding straps of 0.030 shall be used.
Each sign panel shall have a minimum of two rivets installed per sign.
However, signs greater than 45 inches in height shall have three rivets per sign installed in the top, middle and bottom of the sign.
Each sign post shall utilize a minimum of two rivets to attach the signpost to the sign post anchor assembly.
The Contractor shall be responsible for furnishing all sign and post fastening hardware. Cost for fastening hardware shall be considered included in other itemized payment and no additional compensation will be provided.
c) Installation and Removal
The Contractor shall install new and relocate existing signs as noted on the plans, shall protect-in-place existing signs, posts and parking meters which are not to be removed, and shall replace any of these signs which are damaged during construction.
Sign to be mounted on streetlight or traffic signal poles shall be installed using the strap and saddle bracket method as shown on Caltrans Standard Plan RS-4. Sign panels on traffic signal mast arms shall be installed per Caltrans Standard Plan ES-7N, Detail U. Signs mounted on streetlight poles (electroliers) shall be mounted so as not to cover electrolier identification tags. Posts shall be installed in driven post anchors per the manufacturer’s specifications.
New signs shall be installed on 10-foot posts, except a longer post shall be
used if necessary to maintain a 7-foot vertical clearance from the bottom of the lowest sign to the top of the surrounding surface in pedestrian areas. Sign posts shall be installed a minimum of 6 feet from power 230
poles, fire hydrants, and other obstructions. Sign posts shall be installed per Riverside County Standards No. 1222.
All posts driven sign post anchors shall be completely removed and the sign post anchor assembly hole backfilled with clean fill dirt to match the existing surrounding grade (non-paved areas only). Driven sign post anchors in sidewalk or pavement areas shall be completely removed and backfilled with grout to the level of the surrounding grade.
Sign posts with foundations in parkway area shall be completely removed and backfilled with clean fill dirt to match the grade of the surrounding area. This requirement can be modified at the discretion of the City. Removal of sign posts located within sidewalk or other paved areas, shall core drill the sidewalk and remove the sign post to below bottom of sidewalk or paving then backfilled with concrete or paving material to match the existing.
All signs to be salvaged, as called for on the plans, shall be delivered to the City Yard at 13200 Citrus St. The Contractor shall coordinate delivery of such signs with City of Eastvale Public Works Maintenance Staff. The Contractor shall notify the City a minimum of 2 full working days in advance of proposed delivery of salvaged signs. The Contractor shall take precautions to prevent additional damage to the salvaged signs during removal, storage and delivery process.
6.1TRAFFIC CONTROL
Street closures, detours, signs and barricades used for handling traffic shall conform to the requirements of latest edition of the “California Temporary Traffic Control Handbook” (CATTCH) and these Special Provisions.
Traffic control plan must be submitted and approved before starting work on any public street, except for the following temporary closures:
a) Temporary closure of local street may be done per CATTCH handbook without submitting traffic control plan. However, this will require prior approval from Traffic Engineer.
Any existing conflicting signs in the construction zone shall be covered during construction with heavy-duty black plastic (non-transparent) sheets or bags, which are secured to the sign post below the sign, with tape. In no case shall tape be applied to either front or back of any sign Intersections shall be kept open until work takes place within the intersection. Local vehicular and pedestrian access, including access to driveways and businesses, shall be maintained at all times. Pedestrian access (minimum 4-foot width) across both streets in an intersection must be maintained at all times.
231
Where parking is prohibited during construction, "TEMPORARY NO PARKING" signs shall be posted at least forty-eight hours, but no more than five working days, in advance of the work. The signs shall be placed no more than 150 feet apart on each side of the driveway approaches, alleys, streets and parking areas and at shorter intervals if conditions warrant. The Contractor shall provide the signs and will be responsible for adding the dates and hours of closure to the signs.
Compensation for all traffic control shall be considered paid for under other items of work involved, and no additional compensation will be allowed therefore.
7.1VEHICLE IDENTIFICATION
Contractors shall be required to have identification that clearly identifies the company’s name on all vehicles at all times while working in an official capacity for the City. Such signage shall be of a professional manner and maintained neat in appearance, free of graffiti, easily identifiable and in sound condition.
8.1RECORDS AND COMMUNICATIONS
Contractor shall provide electronic record files of work performed in a format approved by the City of Eastvale in Microsoft Excel format and shall forward those records by email to Projects Manager or designee.
The Contractor shall be required to provide its staff with a cellular/Wi-Fi enabled technological device, such as a smartphone, tablet, laptop or similar device at Contractor expense, to assist with the City’s Asset Management and Work Order System. Such device will be utilized to perform basic data input and respond to WOs from the City. Operation of the software system shall include, but is not limited to, monitoring and responding to real-time work order service requests and taking before and after photos of work performed. The Contractor will be solely responsible for maintaining the device in working order to complete the required data entry for the City.
The City will provide training and instruction to the Contractor on the use of the City Work Order System.
9.1INVOICE AND PAYMENT
Invoices shall be submitted for each individual WO. Each invoice must reference the corresponding WO number and include an itemized breakdown of all charges. Payment will be made on Net 30 terms.
Payment for various unit prices is as follows:
232
a) Install Striping per Detail: The unit price for a particular detail shall include full compensation for furnishing labor, materials, tools, equipment and other incidentals to install the complete striping detail shown in the plan.
In the details where there is gap in between the stripe, i.e. 4” skip stripe, the linear feet measurement shall include the open gap in between the stripe. Gap at intersection shall not be included.
Where raised pavement markers are part of the striping detail, payment for furnishing and installing the raised pavement markers shall be made according to the unit bid prices for installing raised pavement markers. b) Paint Curb: The unit price for curb painting shall include full compensation for furnishing labor, materials, tools, equipment and other incidentals to paint the side and top of curb.
c) Install Raised Pavement Markers (RPM): The unit price for installing RPM shall include full compensation for furnishing labor, materials, tools, equipment, RPM and other incidentals to install the RPM as called for individually.
d) Install Sign Post: Shall include full compensation for furnishing labor, materials, tools, equipment, post, post anchor and other incidentals to install the post as shown in the plan.
e) Install Sign: Shall include full compensation for furnishing labor, mounting hardware, tools, equipment and other incidentals for installing the sign as shown on the plan. Cost of sign is not included. f) Install Bot Dots: Shall include full compensation for furnishing labor, materials, mounting hardware/epoxy, tools, equipment and other incidentals for installing the bot dot.
g) Install Traffic Delineator: Shall include full compensation for furnishing labor, materials, mounting hardware/epoxy, tools, equipment and other incidentals for installing the delineator.
h) Install Traffic Barrier and Guardrail: Shall include full compensation for furnishing labor, materials, mounting hardware, tools, equipment and other incidentals for installing the Guardrail system per Riverside County Standards No. 810.
i) Furnish Sign: When called for, compensation for furnishing sign shall be cost plus no more than 15% for all type of signs.
233
j) Emergency Response Call Out:
1. Payment is provided for responding to the call out for emergency.
This payment shall include the call out and all trips necessary to the same location for providing and removing of temporary signs.
2. Payment for reinstallation or repair of permanent signs or stripe shall be per unit price for Install Sign, Install Post or other applicable pay item.
All other work involved in emergency response shall be considered included in other itemized unit price and no additional compensation will be provided.
234
EXHIBIT “B”
SCHEDULE OF PERFORMANCE
Contractor shall perform services on an as needed in accordance with Exhibit “A” of this agreement.
235
4914-0947-2821 v1
EXHIBIT “C”
COMPENSATION
Total compensation to Contractor for the Services under this Agreement shall not exceed $200,000 per fiscal year (July 1 through June 30).
WGJ ENTERPRISES INC., DBA PCI
Azusa, CA
Item # Description UOM QTY Unit Price Line Total
WATER BASED STRIPING & MARKINGS
1 Install 4" Solid Line LF 5000 $0.26 $1,300.00
2 Install 6" Solid Line LF 5000 $0.30 $1,500.00
3 Install 4" Lane Line Per Caltrans Detail 1 LF 1000 $0.18 $180.00 4 Install 6" Lane Line Per Caltrans Detail 1 LF 1000 $0.22 $220.00 5 Install 4" Double Yellow Lane Line Per
Caltrans Detail 29 LF 15000 $0.30 $4,500.00
6 Install 6" Double Yellow Lane Line Per
Caltrans Detail 29 LF 15000 $0.58 $8,700.00
7 Install 4" Two Way Left Turn Lane Per
Caltrans Detail 32 LF 5000 $0.34 $1,700.00
8 Install 6" Two Way Left Turn Lane Per
Caltrans Detail 32 LF 5000 $0.44 $2,200.00
9 Install 8" White Turn Lane Line Per
Caltrans Detail 38 LF 5000 $0.40 $2,000.00
10 Install 4" Lane Line Extension (Stripe) Per
Caltrans Detail 40 LF 2500 $0.50 $1,250.00
11 Install 6" Lane Line Extension (Stripe) Per
Caltrans Detail 40 LF 2500 $0.60 $1,500.00
12 Install 6" White Bike Lane Line Per
Caltrans Detail 39A LF 2500 $0.30 $750.00
13 Install 12" Crosswalk and Limit Lines
(White or Yellow) LF 25000 $1.50 $37,500.00
14 Install Ladder Type Crosswalk (Yellow) Per
Caltrans Standard Plan A24F LF 2000 $3.00 $6,000.00
15 Install Triple Four Type Crosswalk (Yellow)
Per Caltrans Standard Plan A24F LF 2000 $3.00 $6,000.00 16 Install 8" Lane Drop Per Caltrans Detail
37B LF 1000 $0.40 $400.00
17 Install Arrow Legend LF 250 $38.00 $9,500.00
18 Install Legend Letters (8' High) LF 2000 $25.00 $50,000.00 19 Install Bike Lane with Arrow Legend LF 15 $95.00 $1,425.00 236
4914-0947-2821 v1
20 Install Bike Symbol LF 20 $70.00 $1,400.00
21 Install Bike Sharrow Legend LF 20 $150.00 $3,000.00
22 Curb Painting (Red, Blue, Yellow, white,
Green, Grey) LF 50000 $1.50 $75,000.00
SUBTOTAL $216,025.00
THERMOPLASTIC STRIPING & MARKINGS
23 Thermoplastic Install 4" Solid Line LF 5000 $0.85 $4,250.00 24 Thermoplastic Install 6" Solid Line LF 5000 $0.95 $4,750.00 25 Thermoplastic Install 4" Lane Line Per
Caltrans Detail 1 LF 1000 $0.85 $850.00
26 Thermoplastic Install 6" Lane Line Per
Caltrans Detail 1 LF 1000 $0.95 $950.00
27 Thermoplastic Install 4" Double Yellow
Line Per Caltrans Detail 29 LF 15000 $1.35 $20,250.00
28 Thermoplastic Install 6" Double Yellow
Lane Line Per Caltrans Detail 29 LF 15000 $1.40 $21,000.00 29 Thermoplastic Install 4" Two Way Left
Turn Lane Per Caltrans Detail 32 LF 5000 $1.35 $6,750.00 30 Thermoplastic Install 6" Two Way Left
Turn Lane Per Caltrans Detail 32 LF 5000 $1.40 $7,000.00 31 Thermoplastic Install 8" White Turn Lane
Line Per Caltrans Detail 38 LF 1000 $1.85 $1,850.00
32 Thermoplastic 4" Lane Line Extension
(Stripe) Per Caltrans Detail 40 LF 2500 $1.50 $3,750.00 33 Thermoplastic Install 6" Lane Line
Extension Per Caltrans Detail 40 LF 2500 $1.60 $4,000.00 34 Thermoplastic Install 6" White Bike Lane
Line Per Caltrans Detail 39 & 39A LF 2500 $0.95 $2,375.00 35 Thermoplastic Install 12" Crosswalk and
Limit Lines (White or Yellow) LF 25000 $5.00 $125,000.00 36 Thermoplastic Install 8" Lane Drop Per
Caltrans Detail 37B LF 1000 $1.50 $1,500.00
37 Thermoplastic Install Arrow Legend EA 250 $150.00 $37,500.00 38 Thermoplastic Install Legend Letters (8'
High) EA 2000 $100.00 $200,000.00
39 Thermoplastic Install Bike Lane with
Arrow Legend EA 15 $360.00 $5,400.00
40 Thermoplastic Install Bike Symbol EA 20 $300.00 $6,000.00 41 Thermoplastic Install Bike Sharrow Legend EA 20 $360.00 $7,200.00 SUBTOTAL $460,375.00
SIGNS, POSTS, ROADWAY MARKERS &
OTHER ITEMS
42 Install Sign Post (up to 10') EA 50 $400.00 $20,000.00 237
4914-0947-2821 v1
43 Install Sign Post (over 10') EA 50 $475.00 $23,750.00 44 Install Sign on Post or Street Light EA 20 $200.00 $4,000.00 45 Install Flexible Type K Marker w/Epoxy
Adhesive EA 10 $100.00 $1,000.00
46 Remove Sign Only EA 10 $50.00 $500.00
47 Remove Post EA 10 $250.00 $2,500.00
48 Remove Post in Parkway with Concrete EA 10 $250.00 $2,500.00 49 Install Blue 2-Way Reflective RPM's EA 5000 $25.00 $125,000.00 50 Install Type C, D, G, or H Reflective RPM's EA 1000 $5.00 $5,000.00 51 Remove Raised Pavement Marker EA 2500 $2.00 $5,000.00 52 Install Bot Dots 8" with Reflective EA 30 $100.00 $3,000.00 53 Install Bolt Down Traffic Delineator EA 10 $250.00 $2,500.00 54 Micro - Grind Existing Striping and
Markings SF 2500 $4.00 $10,000.00
55 Wet-blasting SF 2500 $3.50 $8,750.00
56 Paint Blackout SF 100 $1.50 $150.00
57 Emergency Call-Out (Repair/Replace
Sign/Post) SF 10 $1,500.00 $15,000.00
SUBTOTAL $228,650.00
ADD-ON ALTERNATE ITEMS (OPTIONAL)
58 Install Sign on Signal Mast Arm or Post
over 16' High (Second Level Signs) at One
Location EA 10 $1,500.00 $15,000.00
59 Install Sign on Signal Mast Arm or Post
over 16' High (Second Level Signs) at
Multiple Locations EA 10 $1,500.00 $15,000.00
60 Install Multiple Signs on Signal Mast Arm
or Post over 16' High (Second Level Signs)
at One Location EA 10 $1,500.00 $15,000.00
61 Install Multiple Signs on Signal Mast Arm
or Post over 16' High (Second Level Signs)
at Multiple Locations EA 10 $1,500.00 $15,000.00
62 Remove and Install Multiple Signs on
Signal Mast Arm or Post over 16' High
(Second Level Signs) at One Location EA 10 $1,500.00 $15,000.00 63 Install Traffic Barrier and Guardrail Per
Riverside County Standard No. 810 LF 500 $500.00 $250,000.00 64 Furnish Signs LS 1 $0.00 $0.00
SUBTOTAL $325,000.00
BASE BID TOTAL (SUM OF LINES 1-64) $1,230,050.00
238
EXHIBIT “D”
REPRESENTATIVES
CITY’S REPRESENTATIVE
City of Eastvale
Public Works Department
Attn: Public Works Superintendent
2363 Limonite Ave #910
Eastvale, CA 91752
Phone: (951) 361-0900
Email Address: [email protected]
CONTRACTOR’S REPRESENTATIVE
WGJ Enterprises Inc., dba PCI
Attn: Frank Villegas, Project Manager
975 W. 1st Street
Azusa, CA 91702
Phone: (562) 234-3151
Email Address: [email protected]
239
EXHIBIT “E”
BONDS REQUIRED
No Bonds Required
240
EXHIBIT “F”
INSURANCE REQUIREMENTS FOR CITY OF EASTVALE
The City requires a certificate of insurance, including an underwriter’s endorsement, prior to commencement of the Services.
The insurance policies are to include additional endorsements that contain the following provisions:
1. That the City of Eastvale and its respective elected officials, officers, employees, agents and representatives are additional insureds under the policy;
2. The policies are primary and non-contributory to any insurance that may be carried by City;
3. The City is entitled to thirty (30) days’ prior written notice of cancellation, material reduction, or non-renewal of the policy or policies.
4. The insurance shall be carried only by responsible insurance companies that have rated “A-” and “V” or better by the A.M. Best Key Rating Guide, that are licensed to do business in the State of California. City will accept insurance provided by non-admitted “surplus lines” carriers only if the carrier is authorized to do business in the State of California.
Only the following “marked” requirements are applicable:
X Commercial General Liability (CGL): Insurance written on an occurrence basis to protect Contractor and City against liability or claims of liability which may arise out of this Agreement in the amount of one million dollars ($1,000,000) per occurrence and subject to an annual aggregate of two million dollars ($2,000,000). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. additional insured claims or contractual liability. All defense costs shall be outside the limits of the policy.
X Vehicle Liability Insurance: Contractor shall also procure and shall maintain during the term of this Agreement vehicle liability insurance in an amount not less than $1,000,000 for injuries, including accidental death, to any one person, and subject to the same minimum for each person, in an amount not less than one million dollars ($1,000,000) for each accident, and property damage insurance in an amount of not less than one million dollars ($1,000,000).
X Workers’ Compensation Insurance: For all of Contractor’s employees who will provide Services under this Agreement and to the extent required by applicable state or federal law, Contractor shall keep in full force and effect a Workers’ Compensation policy that includes a minimum of one million dollars ($1,000,000) of employers’ liability coverage. Contractor shall provide an endorsement that the insurer waives the right of subrogation against the City and 241
its respective elected officials, officers, employees, agents and representatives. In the event a claim under the provisions of the California Workers’ Compensation Act is filed against City by a bona fide employee of Contractor participating under this Agreement, Contractor is to defend and indemnify the City from such claim.
242
1 AGREEMENT FOR ROAD STRIPING AND RELATED MAINTENANCE,
REPAIR, AND INSTALLATION SERVICES
BETWEEN
THE CITY OF EASTVALE, CALIFORNIA
AND
SUPERIOR PAVEMENT MARKINGS INC.
This Agreement for Road Striping and Related Maintenance, Repair, and Installation Services (“Agreement”) is entered into as of August 13, 2025 (“Effective Date”) between the City of Eastvale, a municipal corporation (“City”) and Superior Pavement Markings Inc., a California Corporation (“Contractor”) (collectively the “Parties”). 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. SCOPE OF SERVICES
1.1 Term. Subject to the provisions of Section 8 [Termination] of this Agreement, the term of this Agreement is for three years commencing on the Effective Date (“Term”). The Parties may, by mutual, written consent, extend the term of this Agreement for up to two (2) additional one (1) year periods. Such extensions may include increased compensation for an increase in labor or supply costs, with said increase not to exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data as follows:
Riverside-San Bernardino-Ontario, CA; All Urban Consumers; Not Seasonally Adjusted; annualized change comparing the most recent month’s reported data to the same month of the prior year.
1.2 Contractor Services. Subject to the terms and conditions of this Agreement and in accordance with Invitation for Bids (IFB) No. 25-108ST, Contractor agrees to perform for City those services specified in the Scope of Services attached hereto and incorporated herein by reference as Exhibit “A” [Scope of Services] (“Services”). Contractor agrees to furnish, for the compensation provided for herein, all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perform and complete the Services. The Services shall be subject to inspection and approval by City. Contractor agrees to work closely with City staff in the performance of the Services and shall be available to City’s staff and consultants at all reasonable times.
1.3 Extra Work. Contractor shall not be compensated for any work or services rendered in connection with its performance of this Agreement, which are in addition to or outside of the Services (“Extra Work”), except as expressly provided for herein. It shall be Contractor’s responsibility to ensure that the scope and price of any Extra Work to be performed by Contractor is approved by City in writing in advance of Contractor’s commencement of the Extra Work in accordance with Section 9.10 [Amendments] and 243
2 Section 9.19 [Administration and Implementation]. City shall not be obligated to pay for or otherwise be liable for unauthorized Extra Work performed by Contractor.
1.4 Schedule of Performance. Contractor agrees to diligently perform and complete the Services in accordance with the schedule of performance attached hereto and incorporated herein by reference as Exhibit “B” [Schedule of Performance] (“Schedule of Performance”). Modifications to the Schedule of Performance must be agreed upon in writing in advance by the City Manager pursuant to Section 9.19 [Administration and Implementation] and Contractor.
1.5 General Warranty. Contractor warrants all Services under this Agreement (which for purposes of this Section shall be deemed to include unauthorized Extra Work which has not been removed and any non-conforming materials incorporated into the Services) to be of good quality and free from any defective or faulty material and workmanship. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Services, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City.
1.6 Repair of Defects. Contractor agrees that for a period of one (1) year from and after final acceptance of the Services, or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Services, whichever is later, Contractor shall within ten (10) days after being notified in writing by City of any defect in the Services or non-conformance of the Services, commence and prosecute with due diligence all work and services necessary to fulfill the terms of the warranty at its sole cost and expense. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work, facilities, fixtures, or materials damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective Services. For any Services so corrected, Contractor's obligation hereunder to correct defective Services shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Services. Contractor shall perform such tests as City may require to verify that any corrective actions are adequate to remedy the defective condition. In the event that Contractor fails to perform its obligations under this Section to the reasonable satisfaction of City, then City shall have the right to correct and replace any defective, non-conforming, or damaged Services at Contractor's sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.
1.7 Contractor’s Representative. Contractor hereby designates the representative named in Exhibit “D” [Representatives], or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. Contractor’s Representative shall supervise and direct the Services, using his or her best skill and 244
3 attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
1.8 Contract Documents. The following documents shall be referred to collectively as the "Contract Documents," each of which is incorporated into and made part of this Agreement by reference:
Approved and fully executed change orders (if any)
Addenda (if any)
This Agreement
All exhibits to this Agreement
Notice Inviting Bids (if any)
Instructions to Bidders, and any documents referenced therein (if any) Bid Forms (including Contractor’s Bid Schedule) (if any) Payment and Performance Bonds, if required
The Contract Documents are intended to be complementary, and a requirement in one document is as effective as if it appeared in all of the Contract Documents. In the event of a conflict between any of the Contract Documents, the documents shall be given effect in the order set forth above (from top to bottom).
SECTION 2. COMPENSATION AND METHOD OF PAYMENT
2.1 Compensation. City shall pay to Contractor for non-disputed Services rendered the compensation set forth in Exhibit “C” [Compensation] attached hereto and incorporated herein by reference. Total compensation to Contractor for the Services shall not exceed the total price or “not to exceed” amount set forth in Exhibit “C,” without the prior written approval of City in accordance with Section 9.10 [Amendments] and Section
9.19 [Administration and Implementation].
2.2 Payment of Compensation. Contractor shall submit periodic (monthly or quarterly as specified in Exhibit “C”) invoices together with an itemized statement of Services provided. The statement shall describe the Services provided, the percent of work completed by item, together with such other reasonable detail and supporting documentation as may be required by the City Manager, or his/her designee. City will review the statement and pay, with the exception of any charges for work performed or expenses incurred by Contractor which are disputed by City, within 30 days of receiving such statement, all approved charges thereon. Payment by City shall release City from any further obligation for payment to Contractor, for Services performed or expenses incurred as of the date of the invoice. Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defect in work performed by Contractor.
245
4 SECTION 3. RESPONSIBILITIES OF CONTRACTOR
3.1 Control and Payment of Subordinates; Independent Contractor.
Contractor agrees that all Services shall be performed by Contractor or under its supervision. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under the Contractor’s exclusive direction and control.
Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. 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. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, healthcare or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights. Contractor shall make payments promptly, as due, to all persons supplying labor or materials for the Services. Contractor shall not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished for the Services. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person as such claim becomes due, City may pay such claim and charge the amount of the payment against funds due or to become due the Contractor.
The payment of the claim in this manner shall not relieve Contractor or their surety from obligation with respect to any unpaid claims.
3.2 Standard of Care and Licenses. Contractor agrees that all Services shall be performed in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and warrants that it, its employees and subcontractors shall have sufficient skill and experience to perform the Services and that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained in good standing throughout the term of this Agreement.
3.3 Required Corrections. Contractor shall perform, at its own expense and without reimbursement from the City, any work necessary to correct errors or omissions that are caused by the Contractor’s failure to comply with the standard of care provided for herein.
3.4 Law 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 Services, 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 Services.
246
5 3.5 Safety. Contractor shall perform the Services, and maintain its work area, so as to avoid injury or damage to any person or property and shall otherwise 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.
3.6 Labor Code and Prevailing Wage Requirements.
3.6.1 Apprenticeable Crafts. To the extent applicable, 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.
3.6.2 Hours of Work. Contractor shall comply with the legal days work and overtime requirements of Section 1813 of the Labor Code.
3.6.3 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. Contractor shall make all such records available for inspection at all reasonable hours.
3.6.4 Prevailing Wage Laws. Contractor represents and warrants that it 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”), which require the payment of prevailing wage rates and the performance of other requirements on “Public Works” and “Maintenance” projects. Contractor acknowledges that the Services are being performed as part of an applicable “Public Works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and any location where the Services are performed.
3.7 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant, in any way, in the employment of persons to perform the Services in violation of any federal or state law prohibiting discrimination in employment, including based on the 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, of any person, except as provided under California Government Code section 12940.
SECTION 4. INDEMNIFICATION
4.1 Indemnity. Except as to the sole negligence or willful misconduct of City, Contractor expressly agrees to, and shall, indemnify, defend, release, and hold City, and 247
6 its respective officials, officers, employees, agents, and contractors harmless from and against any Action, liability, loss, damage, entry, judgment, order, lien, and Costs and Expenses which arises out of, or are in any way related to, any act or omission of Contractor, or its officers, directors, employees, agents, or contractors, connected with the performance or failure to perform under this Agreement, notwithstanding that City may have benefited therefrom, or any challenge to this Agreement. This Section shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Contractor’s officers, directors, employees, agents and contractors, including but not limited to acts or omissions in any way related to, the release, treatment, use, generation, transportation, storage, or disposal in, on, under, to, or from the location at which work under this Agreement is performed of any Hazardous Substances by Contractor or its officers, directors, employees, agents, and subcontractors. The Parties expressly agree that any payment, or Costs and Expenses City incurs or makes to, or on behalf of, an injured employee under City’s workers’ compensation or other insurance, is included as a loss or Costs and Expenses for the purpose of this Section. City shall not be responsible for any acts, errors or omissions of any person or entity except City and its officers, agents, servants, employees or contractors. The Parties expressly agree that the obligations of Contractor under this Section shall survive the expiration or early termination of the Agreement.
4.2 Action. For purposes of this Agreement, “Action” shall mean any suit (whether legal, equitable, or declaratory in nature), proceeding or hearing (whether administrative or judicial), arbitration or mediation (whether voluntary, court-ordered, binding, or non-binding), or other alternative dispute resolution process, and the filing, recording, or service of any process, notice, claim, demand, lien, or other instrument which is a prerequisite or prelude to commencement of the Action.
4.3 Costs and Expenses. For purposes of this Agreement, “Costs and Expenses” shall mean all costs and expenses, to the extent reasonable in amount, actually and necessarily incurred by a Party in good faith in the investigation, prosecution or defense of an Action, including, but not limited to, court costs, filing, recording, and service fees, copying costs, exhibit production costs, special media rental costs, attorney’s fees, consultant fees, fees for investigators, witness fees (both lay and expert), travel expenses, deposition and transcript costs, and any other costs or expenses, the award of which a court of competent jurisdiction may determine to be just and reasonable.
4.4 Hazardous Substances. For purposes of this Agreement, “Hazardous Substances” shall mean any and all of the following:
a. any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability arises for misuse, pursuant to the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”), 42 U.S.C. §9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. §1801, et seq.; the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. §6901, et seq.; the Toxic Substances Control Act, 15 U.S.C.S. §2601, et seq.; the Clean Water Act, 33 U.S.C. §1251, et seq.; the Insecticide, Fungicide, Rodenticide Act, 7 U.S.C. 248
7 §136, et seq.; the Superfund Amendments and Reauthorization Act, 42 U.S.C. §6901, et seq.; the Clean Air Act, 42 U.S.C. §7401, et seq.; the Safe Drinking Water Act, 42 U.S.C. §300f, et seq.; the Solid Waste Disposal Act, 42 U.S.C. §6901, et seq.; the Surface Mining Control and Reclamation Act, 30 U.S.C. §1201, et seq.; the Emergency Planning and Community Right to Know Act, 42 U.S.C. §11001, et seq.; the Occupational Safety and Health Act, 29 U.S.C. §§655 and 657; the Hazardous Waste Control Act, California Health and Safety Code (“H.&S.C.”) §25100, et seq.; the Hazardous Substance Account Act, H.&S.C.§25330, et seq.; the California Safe Drinking Water and Toxic Enforcement Act, H.&S.C. §25249.5, et seq.; the Underground Storage of Hazardous Substances, H.&S.C. §25280, et seq.; the Carpenter-Presley-Tanner Hazardous Substance Account Act, H.&S.C. §25300, et seq.; the Hazardous Waste Management Act, H.&S.C. §25170.1, et seq.; the Hazardous Materials Response Plans and Inventory, H.&S.C. §25001, et seq.; the Porter-Cologne Water Quality Control Act, Water Code §13000, et seq., all as they may from time to time be amended; and
b. any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability for misuse arises pursuant to any other federal, state or local statute, law, ordinance, resolution, code, rule, regulation, order or decree due to its hazardous, toxic or dangerous nature.
SECTION 5. RECORDS AND DOCUMENTS
5.1 Accounting Records.
5.1.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all expenses incurred under 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. All such records shall be clearly identifiable.
5.1.2 Inspection and Copying. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. At no cost to City, Contractor shall provide copies of such documents or records 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.
5.2 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 shall become the sole property of City and may be used, reused or otherwise disposed of by the City without the permission of the Contractor. Upon completion, 249
8 expiration or termination of this Agreement, Contractor shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents
SECTION 6. INSURANCE
6.1 Maintenance of Insurance. Prior to the beginning of and throughout the term of this Agreement, Contractor will maintain insurance in conformance with requirements established by City for the type of Services being performed. Contractor acknowledges that prior to the Effective Date of this Agreement, City provided to Contractor the applicable insurance requirements, a copy of which are attached hereto as Exhibit “F” [Insurance]. Contractor acknowledges that the insurance coverage and policy limits provided by City 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.
6.2 Subcontractors Insurance. Contractor agrees to ensure that subcontractors, and any other party involved in the performance of the Services 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.
6.3 Modification of Insurance Provisions. The City Manager may make reasonable amendments to the insurance requirements of this section, with the written concurrence of the Finance Director or Risk Manager, in accordance with Section 9.19 [Administration and Implementation] after considering the Scope of Services, potential liabilities, and the required level of insurance to adequately protect the City.
SECTION 7. BONDS
7.1 Performance and Payment Bonds. If required by law or specifically required by City as set forth in Exhibit “E” [Bonds Required], attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with Contractor’s execution of this Agreement, but in no event later than the Effective Date of this Agreement, a Performance Bond and/or a Payment Bond in the amount of the total, not-to-exceed compensation indicated in Exhibit C, and in a form provided or approved by the City.
7.2 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds 250
9 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, without further notice from City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City.
To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety.
7.3 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 8. TERMINATION.
8.1 Termination by City. City may, by written notice to Contractor, terminate with or without cause, and without any prior notice of default or right to cure by Contractor, the whole or any part of this Agreement at any time and by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least five (5) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those non-disputed Services that have been adequately rendered to City, and Contractor shall be entitled to no further compensation.
8.2 Termination by Contractor. Contractor may, by written notice to City, terminate this Agreement based upon City’s failure to timely cure a default under this Agreement as provided herein. At least forty-five (45) days prior to termination, Contractor shall provide City with a written notice specifying City’s alleged default and providing City with a forty-five (45) day period to cure the default. Should City timely cure such default, the Agreement shall continue. Should City fail to timely or adequately cure such default, Contractor may terminate this Agreement by issuance of written notice to City.
SECTION 9. GENERAL PROVISIONS
9.1 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
9.2 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of 251
10 the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.
9.3 Liquidated Damages. The Parties agree that City has a legitimate interest in ensuring that Contractor provides the Services (including performance of all duties and responsibilities) required under this Agreement in a consistent and reliable manner, and that Contractor’s failure to timely provide such Services or to provide them in an inadequate manner will cause City to suffer damages and that it is, and will be, impractical and extremely difficult to ascertain and determine the exact amount of damages or to calculate actual damages. Therefore, in addition to City’s right to treat such nonperformance as a material breach of, and to terminate, this Agreement, the Parties agree that liquidated damages, as provided herein, represent a reasonable estimate of the monetary damages that reasonably could be anticipated and that proof of actual damages would be costly or impractical. The Parties specifically confirm the accuracy of the statements made above and the fact that each Party has had ample opportunity to consult with legal counsel and obtain an explanation of the liquidated damage provisions at the time that the Agreement was made. Therefore, in lieu of actual damages, Contractor is subject to payment of $500 per failure to perform, per day. City may, at its election, deduct any assessed liquidated damages from payment due, or that will become due, to Contractor from City.
9.4 Excusable Delays. Contractor shall not be liable for damages, including liquidated damages, if any, caused by delay in performance of 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.
9.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of the Agreement.
9.6 Governing Law. 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. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Eastern Division of the Central District of California, located in Riverside, California.
9.7 Integration. This Agreement, including the attached Exhibits “A” through “F” and other Contract Documents, 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.
252
11 9.8 Severability. If a 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).
9.9 Prohibited Interests. Contractor represents 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 Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
9.10 Amendments. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contractor and City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Eastvale Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for amendments or modifications to be in writing cannot be waived and that any attempted waiver shall be void.
9.11 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
9.12 Delivery of Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be given to the respective parties at the email addresses or physical addresses listed in Exhibit “D”, or at such other address as the respective parties may provide in writing for this purpose. Such notice shall be deemed made when emailed or personally delivered or forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address.
Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
9.13 Binding Effect. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
9.14 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 or 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 Services by Contractor shall not constitute a waiver of any of the provisions of this Agreement.
9.15 Attorney’s Fees, Costs and Expenses. In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the 253
12 prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorney’s fees and Costs and Expenses, in addition to any other relief to which it may be entitled.
9.16 Subcontracting. Contractor shall not subcontract any portion of the Services, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions of this Agreement.
9.17 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
9.18 Authority to Execute. The person or persons executing this Agreement on behalf of Contractor represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Contractor to the performance of its obligations hereunder.
9.19 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 the City Manager’s contracting authority under the Eastvale Municipal Code.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF EASTVALE CONTRACTOR:
________________________________ ______________________________ Mark Orme, City Manager By: ___________________________ Its: ___________________________
ATTEST:
______________________________
By: __________________________
________________________________ Its: __________________________ Marc Donohue, City Clerk
APPROVED AS TO FORM:
________________________________
Erica Vega, City Attorney
254
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
On ____________________, 20__, before me, ,
Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared ,
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's
Name:
¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
255
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
On ____________________, 20__, before me, ,
Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared ,
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's
Name:
¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
256
EXHIBIT “A”
SCOPE OF SERVICES
Contractor shall perform scope of work and provide specified bid items as set forth below and in accordance with IFB requirements.
A. SPECIFICATIONS
1. SPECIAL PROVISIONS – GENERAL
1.1STANDARD SPECIFICATIONS
The Standard Specifications of the Agency are contained in the 2018 Edition,
including any supplements, of the Standard Specifications for Public Works Construction, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and The Southern California District of the Associated General Contractors of California. Copies of these Standard Specifications are available from the Publisher of Building News, Incorporated, 10801 National Boulevard, Los Angeles, California 90064, telephone (310) 202-7775.
The Standard Specifications set forth above will control the general provisions, construction materials, and construction methods for this contract, except as amended by the Special Provisions or other contract documents. The following Special Provisions, or other contract documents are supplementary and in addition to the provisions of the Standard Specifications, unless otherwise noted. Only those sections requiring elaborations, amendments, specifying of options or additions are called out.
2.1EMERGENCY INFORMATION
The names, addresses and telephone numbers of the Contractor and Subcontractors, or their representatives, shall be filed with the Engineer and the City Police and Fire Departments prior to beginning work.
3.1GUARANTEE
The Prime Contractor shall be responsible for and shall repair any defects due to faulty labor or materials, which may arise or be discovered in accordance with the Standard Specifications.
4.1UTILITIES
This Section shall conform to Section 402 of the Standard Specifications and these Special Provisions.
257
If utility construction work within the area is required during the construction of this project, the Contractor is directed to cooperate with the utility company(ies) and their workers to assure proper installation of the utilities with a minimum of conflict.
5.1WORK DAYS
This Section shall conform to Section 6-1 of the Standard Specifications and these Special Provisions. The Contractor’s activities shall be confined to the following hours during working days as defined as Monday to Friday excluding City observed holidays:
a) 9 a.m. to 4 p.m. for striping on local, collector and secondary arterial streets; and signing on all streets.
b) 9 p.m. to 5 a.m. for removal or striping on major arterials Deviation from these hours or weekend work shall not be permitted without the prior consent of the City’s Project Manager or Designee (CPM), except in emergencies involving immediate hazard to persons or property.
6.1PUBLIC CONVENIENCE AND SAFETY
This section shall conform to Subsection 5-7 of the Standard Specifications and these Special Provisions. the Contractor shall install temporary traffic striping, where needed, in any unstriped lanes opened to traffic.
All street closures and signs used for handling traffic during construction shall be in accordance with the “California Temporary Traffic Control Handbook” (CATTCH), which shall be considered a part of these Special Provisions. The method in which signs, barriers, and other miscellaneous traffic devices are used during construction shall be in accordance with the publication mentioned above, except only standard size signs shall be used on arterial streets.
All signs shall be illuminated or reflectorized when they are used during hours of darkness. All cones, pylons, barricades, or posts used in the diversion of traffic during working hours shall be provided with flashers or other satisfactory illumination.
All signing, barricading and diversion of traffic shall be subject to the approval of the Engineer. The Contractor shall provide a telephone number at which the Contractor’ representatives can be reached should an emergency occur requiring replacement or relocation of the required traffic devices.
Prior to the start of construction operations, the Contractor shall notify the Police and Fire Departments of the City, giving the approximate starting date, completion date, and the name and telephone number of responsible 258
persons who may be contacted at any hour in the event of a critical condition.
Unless noted otherwise in the above descriptions, ALL other work relating to striping, including but not limited to removal and installation of markers, RPMs, stripes, pavement markings, curb markings, and slurry seal shall be considered included in the unit price paid for as itemized in the bid document. This unit price shall include full compensation for furnishing labor, materials, tools, equipment, other incidentals for work as shown on the plans, in the Specifications and in the Special Provisions and no additional payment will allowed therefore.
7.1WORK BY CITY FORCES BECAUSE OF NONCONFORMANCE BY
CONTRACTOR
Should the Contractor fail to correct deficiencies or public nuisances that have been created because of his/her operation, then these will be considered to be of an emergency nature, and will call for the City to move in on the project to take corrective action. Such work will be done on a force account basis with an additional callout charge. There is a minimum twohour charge for labor on any callout plus an additional callout charge of $200.
8.1STORM WATER POLLUTION PREVENTION
Contractor shall review and understand the State General Construction Activity Storm Water Permit before submitting a bid. By submitting a bid, the Contractor acknowledges satisfaction as to the requirements of the State General Construction Activity Storm Water Permit.
The Contractor is hereby notified that specific construction practices in the Standard Specifications, Section 3-12.6.3, Responsibilities of the Contractor” are considered to be Best Management Practices. Applicable construction practices in the Standard Specifications shall be incorporated into the work performed in the City.
Payment for Storm Water Pollution Prevention shall be included in the various items of work involved, and shall include full compensation for conforming to Contractor’s actual construction practices, and no additional payment will be made therefore.
2. SCOPE OF WORK
1.1TYPES OF SERVICES
Services and work to be performed by awarded Contractor shall consist of furnishing all materials, labor, tools, equipment, traffic control, transportation and product handling, delivery and storage necessary to 259
complete the maintenance, repair and installation of roadway signs and striping as described herein including, but not be limited to, the following:
a) Provide sign maintenance, repair and installation utilizing City or Contractor provided signs on existing or Contractor-installed posts or poles as specified by City;
b) Provide roadway striping maintenance, repair and installation using paint, thermoplastic, or other material as specified by City; c) Provide pavement markings installation using paint, thermoplastic, precut thermoplastic, or other material as specified by City; d) Provide curb marking maintenance, repair and installation using paint or other material as specified by City; and
e) Provide installation of metal beam guardrails including end pieces and wooden posts, and removal and disposal of damaged guardrails as specified by City.
f) Emergency Response
1. In case of immediate need to replace certain damaged regulatory signs due to accident or other incidents, where without such a sign could result in immediate hazards to the public and/or property, the Contractor shall provide immediate temporary signs and later replace with permanent signs.
2. In case of traffic signal blackout, provide temporary STOP signs in
all approaches.
All work will be on an as-needed basis determined by the City. The City will issue a Work Order (WO) via email(s) provided to the Contractor. The work varies from a simple sign installation to major arterial re-striping. There shall be no minimum work requirement for each WO.
Contractor is responsible for cat tracks (marking guide lines for the stripe configuration) and locate sign/curb marking based on information from WO for approval prior to installation.
2.1TIME FOR COMPLETION OF WORK
a) General Response
The Contractor shall provide a written acknowledgment of receipt of the WO, including the anticipated mobilization date, within five (5) working days of receiving the WO. The Contractor shall mobilize within ten (10) working days of the written acknowledgment and complete all assigned work within ten (10) working days, unless otherwise approved by the 260
CPM. All work associated with the same WO shall be performed on the same day, unless prior approval is obtained from the CPM.
Any deviations from the above shall be preapproved by CPM . b) Emergency Response
For damaged signs, Contractor shall replace the signs within 24 hours.
If Underground Service Alert is required, the signs must be replaced within three (3) working days.
The Contractor shall have adequate number of the following signs in stock at all time for the duration of the contract for emergency response:
1. STOP (R1, 30”)
2. NO RT SYMBOL (R17, 24”x24”)
3. NO LT SYMBOL (R16, 24”x24”)
4. DO NOT ENTER (R11, 36”x36”)
5. ROAD CLOSED (C2, 36”x24”)
6. ONE WAY (R10, 48”x16”, LT or RT)
3.1STRIPING (TRAFFIC STRIPES AND PAVEMENT MARKINGS)
This Section shall conform to the latest CSP and provisions in Section 84 of the CSS and these Special Provisions.
a) General
All traffic stripes and pavement markings will be traffic paint or thermoplastic as called out per individual tasks. All paint shall be applied in 2 coats on the same day.
All curb markings and median island markings shall be painted using Environmental Protection Agency (EPA) compliant paint material. Paint shall be fast or rapid dry type solvent of similar or approved equal to that manufactured by Ennis or Pervo Paint Companies and shall meet all requirements of South Coast Air Quality Management District. The rate of paint to be applied shall be per recommendation of the paint manufacturer.
All pavement markings including legends, arrows, and symbols shall be per CSP Nos. A24A-E.
All new crosswalks at signalized intersections with wheelchair ramps shall be striped with a 5' clear diagonal (45º cut-off at the curb return.
Crosswalk stripes shall be 12 inches wide.
b) Removal
261
Existing striping, pavement markings, curb marking and RPM superseded by the plans shall be removed. All conflicting striping within limit of project shall be removed even if not shown on the plan.
Removal of traffic stripes and pavement markings shall be by microgrinding or water-blasting. Existing striping and pavement markings, which are removed by micro grinding or water-blasting, shall be completely removed to the satisfaction of the CPM.
c) Temporary Striping
Contractor shall install temporary traffic striping prior to any unstriped lanes opened to traffic. Public traffic shall not be allowed on any multilane arterial street without temporary or permanent striping.
Temporary striping can be by installing reflectorized chip seal markers (single for 4” line, double for 8” line) at 20 feet on center when on a taper or curve, and at 40 feet on center elsewhere. If striping is used, stripes can be paint, applied in 1 coat.
All temporary striping shall be removed prior to the final striping. d) Final Striping
Any existing striping to remain including striping on cross streets, which is disturbed during construction, shall be re-striped as necessary, even if not shown on the plans.
All striping and related roadside signage shall be in place prior to opening the lane(s) to public traffic. Paint shall be dry, as to not allow tracking of paint onto city streets and right of way.
e) Thermoplastic
Thermoplastic traffic stripes and pavement markings shall conform to the provisions in Sections 84-1, “General,” and 84-2, “Thermoplastic Traffic Stripes and Pavement Markings,” of the CSS and these special provisions. (Specification in Appendix)
Specifications for glass beads shall be “8010-004 (Type II).” Glass beads shall be premixed within the thermoplastic material prior to application and also applied to the thermoplastic striping material immediately following the application of the striping.
Thermoplastic material shall conform to the requirements of Caltrans Specification No. PTH-02ALKYD. The binder material shall be Alkyd.
Retroreflectivity of the thermoplastic traffic stripes and pavement markings shall conform to the requirements in ASTM Designation:
262
D 6359-99. White thermoplastic traffic stripes and pavement markings shall have a minimum initial retroreflectivity of 250 mcd m-2lx-1. Yellow thermoplastic traffic stripes and pavement markings shall have a minimum initial retroreflectivity of 150 mcd m-2lx-1.
Thermoplastic traffic stripes shall be free of runs, bubbles, craters, drag marks, stretch marks, and debris.
The Contractor shall not begin work until a written notice to proceed has been issued by the CPM. The Contractor shall notify the CPM a minimum of two working days prior to beginning the work to coordinate the work. A schedule of the streets to be re-striped for each day shall be provided to the CPM one full workday prior to striping or re-striping any streets.
f) Raised Pavement Markers (RPM’s)
Raised pavement markers shall conform to Section 85, "Pavement Markers," of the CSS and these Special Provisions. Reflective pavement markers shall have abrasion-resistant surfaces.
1. REMOVAL - The contractor shall remove any existing raised pavement markers that do not conform to the plans, and repair any damaged pavement due to RPM removal to maintain a
smooth and uniform surface per SSPWC Section 302-5.6.2.
Any missing or broken raised pavement markers shall be
replaced, in kind, within the project boundaries.
2. INSTALLATION – Install raised pavement markers per the plans in accordance with Section 85-1.06, Placement, of the CSS.
Section 85-1.08, Measurement, and Section 85-1.09, Payment, shall be deleted.
4.1TRAFFIC BARRIER AND GUARD RAIL
Per Construction Notes and Detail in Riverside County Standards No. 810 BARRICADE.
5.1SIGNS (ROADSIDE SIGNS) AND MARKERS
This section shall conform to Section 56-2, Roadside Signs of the CSS and these Special Provisions.
a) General
263
All new signs shall be furnished and installed by the Contractor and the City has the option to supply and provide the necessary signage as part of the work order.
The sign sizes, messages, and colors shall conform to the current edition
of the Caltrans Sign Specifications. The sign sizes shall be the standard size shown in the Sign Specifications unless shown otherwise on the plans.
The sign backing material shall be anodized rolled sheet aluminum and shall be one piece with drilled holes for mounting.
All signs installed in parkways, sidewalks or pedestrian areas shall have a
minimum of 7 feet of vertical clearance from the bottom of the lowest sign to the surrounding surface. Street name signs shall have a minimum 9 feet of vertical clearance. All signs installed in raised median areas shall have a minimum vertical clearance of 4 feet from the existing surface unless shown otherwise on the plans.
When two signs are installed on one post, the signs shall be installed in the
proper standard vertical positions unless shown otherwise on the plans.
Regulatory, Warning and Guide signs shall be posted above parking restriction signs. The CPM shall determine the proper order for multiple signs. Sign panels shall not be overlapped.
If sign posts are not long enough to provide standard clearance for all signs, a longer post shall be furnished and installed. Signs shall be installed at right angles to approaching traffic unless shown otherwise on the plans. In no case shall signs be installed on wood utility poles or on wood street light poles.
The City may modify installation requirements as necessary. b) Material and Hardware
1. The base metal for Roadside signs shall be new sheet aluminum of alloys 5052-H38 conforming to the requirements of ASTM
Designation: B209. The thickness of the aluminum sheet shall be
0.080-inch thick. Traffic signal mast arm mounted signs shall be fabricated using 0.10-inch thick aluminum sheeting.
2. All signs, except for temporary or construction signs, shall have reflective sheeting such as 3M High Intensity Prismatic Type III & IV Reflective Sheeting Series 3930, 3M 3930 (HIP) High Intensity 264
Prismatic Type III & IV Reflective Sheeting Fluorescent Yellow Green Sheeting Series, or Avery Dennison T-6500 HIP High Intensity Prismatic Reflective Sheeting .
All signs, except for temporary or construction signs, shall have graffiti coating or film (such as 1160iA Premium Overlay by 3M Company or Avery Dennison OL-1000 UV Series) as recommended by the manufacturer of the reflective material. Neither the color nor the reflective intensity of the finished sign panel shall be significantly diminished by the use of graffiti remover when used in a manner approved by Caltrans and the sheeting manufacturer.
Reflective sheeting will be applied to the sign panel utilizing the method approved by the manufacturer of the sheeting and shall produce a durable bond equal to or greater than the strength of the reflective sheeting. No air pockets or bubbles shall exist between the sheeting and the aluminum backing. All sign panels furnished by the Contractor shall be new with no scratches or tears in the reflective sheeting.
No splice will be allowed in the sign panel reflective sheeting other than
that which occurs in the manufactured roll of reflective sheeting on sign panels with a minor dimension of 48" or less. On all rectangular sign panels, the splice will be horizontal. No finished sign panel shall have more than one (1) splice and no splice will fall within 2" of the sign panel edge. When splices do occur, the adjoining reflective sheets shall be color matched under both incident and reflective light.
Prior to sign installation, the contractor will provide a Certificate of Compliance for the signs.
New signs shall be installed using square tubing signpost (such as Unistrut Telspar™, UltiMate or City-approved equal), anchors and anchor sleeves. Anchors and sleeves shall be embedded with no more than four holes exposed and no less than two holes exposed.
The signpost, anchor and anchor sleeve shall be fully perforated galvanized square 12 gauge steel tubing. The sign post shall be 2 inch square and the sign post anchor shall be 2.25 inch square (all dimensions are nominal).
If the anchor and sleeve are installed in a median island with decorative paving, a concrete or decorative sidewalk area, installation shall be as follows unless otherwise stated:
265
i. A 4-inch diameter Schedule 40 PVC sleeve shall be
installed prior to placement of the new decorative paving. ii. On existing pavement, install a 4-inch diameter Scheduled 40 PVC sleeve by core drilling the pavement.
3. The length of the sleeve shall be the same as the thickness of the decorative paving or up to 1 inch greater. The sleeve shall be installed flush with the finish grade of the surrounding decorative paving. Back fill the annular void between the sleeve and signpost anchor with existing base material or sand to within 1” of the finished surface. Fill the final 1” with grout.
All new signs shall be installed with all new mounting hardware. All new straps, saddle brackets, nuts, bolts, and washers shall be stainless steel. Heavy duty banding straps of 0.030 shall be used.
Each sign panel shall have a minimum of two rivets installed per sign.
However, signs greater than 45 inches in height shall have three rivets per sign installed in the top, middle and bottom of the sign.
Each sign post shall utilize a minimum of two rivets to attach the signpost to the sign post anchor assembly.
The Contractor shall be responsible for furnishing all sign and post fastening hardware. Cost for fastening hardware shall be considered included in other itemized payment and no additional compensation will be provided.
c) Installation and Removal
The Contractor shall install new and relocate existing signs as noted on the plans, shall protect-in-place existing signs, posts and parking meters which are not to be removed, and shall replace any of these signs which are damaged during construction.
Sign to be mounted on streetlight or traffic signal poles shall be installed using the strap and saddle bracket method as shown on Caltrans Standard Plan RS-4. Sign panels on traffic signal mast arms shall be installed per Caltrans Standard Plan ES-7N, Detail U. Signs mounted on streetlight poles (electroliers) shall be mounted so as not to cover electrolier identification tags. Posts shall be installed in driven post anchors per the manufacturer’s specifications.
New signs shall be installed on 10-foot posts, except a longer post shall be
used if necessary to maintain a 7-foot vertical clearance from the bottom of the lowest sign to the top of the surrounding surface in pedestrian areas. Sign posts shall be installed a minimum of 6 feet from power 266
poles, fire hydrants, and other obstructions. Sign posts shall be installed per Riverside County Standards No. 1222.
All posts driven sign post anchors shall be completely removed and the sign post anchor assembly hole backfilled with clean fill dirt to match the existing surrounding grade (non-paved areas only). Driven sign post anchors in sidewalk or pavement areas shall be completely removed and backfilled with grout to the level of the surrounding grade.
Sign posts with foundations in parkway area shall be completely removed and backfilled with clean fill dirt to match the grade of the surrounding area. This requirement can be modified at the discretion of the City. Removal of sign posts located within sidewalk or other paved areas, shall core drill the sidewalk and remove the sign post to below bottom of sidewalk or paving then backfilled with concrete or paving material to match the existing.
All signs to be salvaged, as called for on the plans, shall be delivered to the City Yard at 13200 Citrus St. The Contractor shall coordinate delivery of such signs with City of Eastvale Public Works Maintenance Staff. The Contractor shall notify the City a minimum of 2 full working days in advance of proposed delivery of salvaged signs. The Contractor shall take precautions to prevent additional damage to the salvaged signs during removal, storage and delivery process.
6.1TRAFFIC CONTROL
Street closures, detours, signs and barricades used for handling traffic shall conform to the requirements of latest edition of the “California Temporary Traffic Control Handbook” (CATTCH) and these Special Provisions.
Traffic control plan must be submitted and approved before starting work on any public street, except for the following temporary closures:
a) Temporary closure of local street may be done per CATTCH handbook without submitting traffic control plan. However, this will require prior approval from Traffic Engineer.
Any existing conflicting signs in the construction zone shall be covered during construction with heavy-duty black plastic (non-transparent) sheets or bags, which are secured to the sign post below the sign, with tape. In no case shall tape be applied to either front or back of any sign Intersections shall be kept open until work takes place within the intersection. Local vehicular and pedestrian access, including access to driveways and businesses, shall be maintained at all times. Pedestrian access (minimum 4-foot width) across both streets in an intersection must be maintained at all times.
267
Where parking is prohibited during construction, "TEMPORARY NO PARKING" signs shall be posted at least forty-eight hours, but no more than five working days, in advance of the work. The signs shall be placed no more than 150 feet apart on each side of the driveway approaches, alleys, streets and parking areas and at shorter intervals if conditions warrant. The Contractor shall provide the signs and will be responsible for adding the dates and hours of closure to the signs.
Compensation for all traffic control shall be considered paid for under other items of work involved, and no additional compensation will be allowed therefore.
7.1VEHICLE IDENTIFICATION
Contractors shall be required to have identification that clearly identifies the company’s name on all vehicles at all times while working in an official capacity for the City. Such signage shall be of a professional manner and maintained neat in appearance, free of graffiti, easily identifiable and in sound condition.
8.1RECORDS AND COMMUNICATIONS
Contractor shall provide electronic record files of work performed in a format approved by the City of Eastvale in Microsoft Excel format and shall forward those records by email to Projects Manager or designee.
The Contractor shall be required to provide its staff with a cellular/Wi-Fi enabled technological device, such as a smartphone, tablet, laptop or similar device at Contractor expense, to assist with the City’s Asset Management and Work Order System. Such device will be utilized to perform basic data input and respond to WOs from the City. Operation of the software system shall include, but is not limited to, monitoring and responding to real-time work order service requests and taking before and after photos of work performed. The Contractor will be solely responsible for maintaining the device in working order to complete the required data entry for the City.
The City will provide training and instruction to the Contractor on the use of the City Work Order System.
9.1INVOICE AND PAYMENT
Invoices shall be submitted for each individual WO. Each invoice must reference the corresponding WO number and include an itemized breakdown of all charges. Payment will be made on Net 30 terms.
Payment for various unit prices is as follows:
268
a) Install Striping per Detail: The unit price for a particular detail shall include full compensation for furnishing labor, materials, tools, equipment and other incidentals to install the complete striping detail shown in the plan.
In the details where there is gap in between the stripe, i.e. 4” skip stripe, the linear feet measurement shall include the open gap in between the stripe. Gap at intersection shall not be included.
Where raised pavement markers are part of the striping detail, payment for furnishing and installing the raised pavement markers shall be made according to the unit bid prices for installing raised pavement markers. b) Paint Curb: The unit price for curb painting shall include full compensation for furnishing labor, materials, tools, equipment and other incidentals to paint the side and top of curb.
c) Install Raised Pavement Markers (RPM): The unit price for installing RPM shall include full compensation for furnishing labor, materials, tools, equipment, RPM and other incidentals to install the RPM as called for individually.
d) Install Sign Post: Shall include full compensation for furnishing labor, materials, tools, equipment, post, post anchor and other incidentals to install the post as shown in the plan.
e) Install Sign: Shall include full compensation for furnishing labor, mounting hardware, tools, equipment and other incidentals for installing the sign as shown on the plan. Cost of sign is not included. f) Install Bot Dots: Shall include full compensation for furnishing labor, materials, mounting hardware/epoxy, tools, equipment and other incidentals for installing the bot dot.
g) Install Traffic Delineator: Shall include full compensation for furnishing labor, materials, mounting hardware/epoxy, tools, equipment and other incidentals for installing the delineator.
h) Install Traffic Barrier and Guardrail: Shall include full compensation for furnishing labor, materials, mounting hardware, tools, equipment and other incidentals for installing the Guardrail system per Riverside County Standards No. 810.
i) Furnish Sign: When called for, compensation for furnishing sign shall be cost plus no more than 15% for all type of signs.
269
j) Emergency Response Call Out:
1. Payment is provided for responding to the call out for emergency.
This payment shall include the call out and all trips necessary to the same location for providing and removing of temporary signs.
2. Payment for reinstallation or repair of permanent signs or stripe shall be per unit price for Install Sign, Install Post or other applicable pay item.
All other work involved in emergency response shall be considered included in other itemized unit price and no additional compensation will be provided.
270
EXHIBIT “B”
SCHEDULE OF PERFORMANCE
Contractor shall perform services on an as needed in accordance with Exhibit “A” of this agreement.
271
4914-0947-2821 v1
EXHIBIT “C”
COMPENSATION
Total compensation to Contractor for the Services under this Agreement shall not exceed $200,000 per fiscal year (July 1 through June 30).
SUPERIOR PAVEMENT MARKINGS INC.
Cypress, CA
Item # Description UOM QTY Unit Price Line Total
WATER BASED STRIPING & MARKINGS
1 Install 4" Solid Line LF 5000 $0.25 $1,250.00
2 Install 6" Solid Line LF 5000 $0.38 $1,900.00
3 Install 4" Lane Line Per Caltrans Detail 1 LF 1000 $0.40 $400.00 4 Install 6" Lane Line Per Caltrans Detail 1 LF 1000 $0.62 $620.00 5 Install 4" Double Yellow Lane Line Per
Caltrans Detail 29 LF 15000 $0.44 $6,600.00
6 Install 6" Double Yellow Lane Line Per
Caltrans Detail 29 LF 15000 $0.68 $10,200.00
7 Install 4" Two Way Left Turn Lane Per
Caltrans Detail 32 LF 5000 $0.42 $2,100.00
8 Install 6" Two Way Left Turn Lane Per
Caltrans Detail 32 LF 5000 $0.66 $3,300.00
9 Install 8" White Turn Lane Line Per
Caltrans Detail 38 LF 5000 $1.40 $7,000.00
10 Install 4" Lane Line Extension (Stripe) Per
Caltrans Detail 40 LF 2500 $2.50 $6,250.00
11 Install 6" Lane Line Extension (Stripe) Per
Caltrans Detail 40 LF 2500 $2.50 $6,250.00
12 Install 6" White Bike Lane Line Per
Caltrans Detail 39A LF 2500 $0.38 $950.00
13 Install 12" Crosswalk and Limit Lines
(White or Yellow) LF 25000 $2.20 $55,000.00
14 Install Ladder Type Crosswalk (Yellow) Per
Caltrans Standard Plan A24F LF 2000 $2.20 $4,400.00
15 Install Triple Four Type Crosswalk (Yellow)
Per Caltrans Standard Plan A24F LF 2000 $2.20 $4,400.00 16 Install 8" Lane Drop Per Caltrans Detail
37B LF 1000 $0.65 $650.00
17 Install Arrow Legend LF 250 $55.00 $13,750.00
18 Install Legend Letters (8' High) LF 2000 $35.00 $70,000.00 19 Install Bike Lane with Arrow Legend LF 15 $15.00 $225.00 272
4914-0947-2821 v1
20 Install Bike Symbol LF 20 $25.00 $500.00
21 Install Bike Sharrow Legend LF 20 $45.00 $900.00
22 Curb Painting (Red, Blue, Yellow, white,
Green, Grey) LF 50000 $2.05 $102,500.00
SUBTOTAL $299,145.00
THERMOPLASTIC STRIPING & MARKINGS
23 Thermoplastic Install 4" Solid Line LF 5000 $0.80 $4,000.00 24 Thermoplastic Install 6" Solid Line LF 5000 $1.05 $5,250.00 25 Thermoplastic Install 4" Lane Line Per
Caltrans Detail 1 LF 1000 $0.67 $670.00
26 Thermoplastic Install 6" Lane Line Per
Caltrans Detail 1 LF 1000 $0.77 $770.00
27 Thermoplastic Install 4" Double Yellow
Line Per Caltrans Detail 29 LF 15000 $1.60 $24,000.00
28 Thermoplastic Install 6" Double Yellow
Lane Line Per Caltrans Detail 29 LF 15000 $1.85 $27,750.00 29 Thermoplastic Install 4" Two Way Left
Turn Lane Per Caltrans Detail 32 LF 5000 $1.45 $7,250.00 30 Thermoplastic Install 6" Two Way Left
Turn Lane Per Caltrans Detail 32 LF 5000 $1.80 $9,000.00 31 Thermoplastic Install 8" White Turn Lane
Line Per Caltrans Detail 38 LF 1000 $3.50 $3,500.00
32 Thermoplastic 4" Lane Line Extension
(Stripe) Per Caltrans Detail 40 LF 2500 $2.50 $6,250.00 33 Thermoplastic Install 6" Lane Line
Extension Per Caltrans Detail 40 LF 2500 $2.70 $6,750.00 34 Thermoplastic Install 6" White Bike Lane
Line Per Caltrans Detail 39 & 39A LF 2500 $1.05 $2,625.00 35 Thermoplastic Install 12" Crosswalk and
Limit Lines (White or Yellow) LF 25000 $2.85 $71,250.00 36 Thermoplastic Install 8" Lane Drop Per
Caltrans Detail 37B LF 1000 $3.50 $3,500.00
37 Thermoplastic Install Arrow Legend EA 250 $75.00 $18,750.00 38 Thermoplastic Install Legend Letters (8'
High) EA 2000 $55.00 $110,000.00
39 Thermoplastic Install Bike Lane with
Arrow Legend EA 15 $35.00 $525.00
40 Thermoplastic Install Bike Symbol EA 20 $95.00 $1,900.00 41 Thermoplastic Install Bike Sharrow Legend EA 20 $130.00 $2,600.00 SUBTOTAL $306,340.00
SIGNS, POSTS, ROADWAY MARKERS &
OTHER ITEMS
42 Install Sign Post (up to 10') EA 50 $205.00 $10,250.00 273
4914-0947-2821 v1
43 Install Sign Post (over 10') EA 50 $225.00 $11,250.00 44 Install Sign on Post or Street Light EA 20 $155.00 $3,100.00 45 Install Flexible Type K Marker w/Epoxy
Adhesive EA 10 $55.00 $550.00
46 Remove Sign Only EA 10 $15.00 $150.00
47 Remove Post EA 10 $75.00 $750.00
48 Remove Post in Parkway with Concrete EA 10 $105.00 $1,050.00 49 Install Blue 2-Way Reflective RPM's EA 5000 $20.00 $100,000.00 50 Install Type C, D, G, or H Reflective RPM's EA 1000 $8.00 $8,000.00 51 Remove Raised Pavement Marker EA 2500 $2.00 $5,000.00 52 Install Bot Dots 8" with Reflective EA 30 $65.00 $1,950.00 53 Install Bolt Down Traffic Delineator EA 10 $250.00 $2,500.00 54 Micro - Grind Existing Striping and
Markings SF 2500 $4.80 $12,000.00
55 Wet-blasting SF 2500 $4.80 $12,000.00
56 Paint Blackout SF 100 $3.00 $300.00
57 Emergency Call-Out (Repair/Replace
Sign/Post) SF 10 $750.00 $7,500.00
SUBTOTAL $176,350.00
ADD-ON ALTERNATE ITEMS (OPTIONAL)
58 Install Sign on Signal Mast Arm or Post
over 16' High (Second Level Signs) at One
Location EA 10 $475.00 $4,750.00
59 Install Sign on Signal Mast Arm or Post
over 16' High (Second Level Signs) at
Multiple Locations EA 10 $475.00 $4,750.00
60 Install Multiple Signs on Signal Mast Arm
or Post over 16' High (Second Level Signs)
at One Location EA 10 $650.00 $6,500.00
61 Install Multiple Signs on Signal Mast Arm
or Post over 16' High (Second Level Signs)
at Multiple Locations EA 10 $650.00 $6,500.00
62 Remove and Install Multiple Signs on
Signal Mast Arm or Post over 16' High
(Second Level Signs) at One Location EA 10 $580.00 $5,800.00 63 Install Traffic Barrier and Guardrail Per
Riverside County Standard No. 810 LF 500 $180.00 $90,000.00 64 Furnish Signs LS 1 $7,500.00 $7,500.00
SUBTOTAL $125,800.00
BASE BID TOTAL (SUM OF LINES 1-64) $907,635.00
274
EXHIBIT “D”
REPRESENTATIVES
CITY’S REPRESENTATIVE
City of Eastvale
Public Works Department
Attn: Public Works Superintendent
2363 Limonite Ave #910
Eastvale, CA 91752
Phone: (951) 361-0900
Email Address: [email protected]
CONTRACTOR’S REPRESENTATIVE
Superior Pavement Markings, Inc.
Attn: Kenny Smith, Project Manager
5312 Cypress St.
Cypress, CA 90630
Phone: (909) 844-7518
Email Address: [email protected]
275
EXHIBIT “E”
BONDS REQUIRED
No Bonds Required
276
EXHIBIT “F”
INSURANCE REQUIREMENTS FOR CITY OF EASTVALE
The City requires a certificate of insurance, including an underwriter’s endorsement, prior to commencement of the Services.
The insurance policies are to include additional endorsements that contain the following provisions:
1. That the City of Eastvale and its respective elected officials, officers, employees, agents and representatives are additional insureds under the policy;
2. The policies are primary and non-contributory to any insurance that may be carried by City;
3. The City is entitled to thirty (30) days’ prior written notice of cancellation, material reduction, or non-renewal of the policy or policies.
4. The insurance shall be carried only by responsible insurance companies that have rated “A-” and “V” or better by the A.M. Best Key Rating Guide, that are licensed to do business in the State of California. City will accept insurance provided by non-admitted “surplus lines” carriers only if the carrier is authorized to do business in the State of California.
Only the following “marked” requirements are applicable:
X Commercial General Liability (CGL): Insurance written on an occurrence basis to protect Contractor and City against liability or claims of liability which may arise out of this Agreement in the amount of one million dollars ($1,000,000) per occurrence and subject to an annual aggregate of two million dollars ($2,000,000). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. additional insured claims or contractual liability. All defense costs shall be outside the limits of the policy.
X Vehicle Liability Insurance: Contractor shall also procure and shall maintain during the term of this Agreement vehicle liability insurance in an amount not less than $1,000,000 for injuries, including accidental death, to any one person, and subject to the same minimum for each person, in an amount not less than one million dollars ($1,000,000) for each accident, and property damage insurance in an amount of not less than one million dollars ($1,000,000).
X Workers’ Compensation Insurance: For all of Contractor’s employees who will provide Services under this Agreement and to the extent required by applicable state or federal law, Contractor shall keep in full force and effect a Workers’ Compensation policy that includes a minimum of one million dollars ($1,000,000) of employers’ liability coverage. Contractor shall provide an endorsement that the insurer waives the right of subrogation against the City and 277
its respective elected officials, officers, employees, agents and representatives. In the event a claim under the provisions of the California Workers’ Compensation Act is filed against City by a bona fide employee of Contractor participating under this Agreement, Contractor is to defend and indemnify the City from such claim.
278
AGENDA STAFF REPORT
City Council/Eastvale Public Financing Authority Meeting
CONSENT CALENDAR
Agenda Item No. 11.10
August 13, 2025
Approval of Agreements for Concrete Maintenance Repair and Installation Services
Prepared By:
Jimmy Chung, Director of Public Works/City Engineer
Recommended Action(s)
Staff recommends that the City Council:
1. Approve Agreements for Concrete Maintenance Repair and Installa'on Services with Towo Enterprise Inc. and CT&T Concrete Paving Inc., with each agreement having an individual not to exceed amount of $500,000 per fiscal year, and authorize the City Manager to execute the Agreements; and
2. Find it is in the best interests of the City to award to the two lowest responsive, responsible bidders.
Summary
The Public Works Department’s Street Division is responsible for maintaining Eastvale’s concrete infrastructure to promote public safety and accessibility. Concrete repair and installa'on are integral components of the City’s right-of-way (ROW) maintenance efforts to reduce hazards, support mobility, and ensure compliance with federal accessibility standards.
To effec'vely address rou'ne maintenance, urgent repairs, and planned improvements, the City relies on contracted concrete services. These services are essen'al in maintaining the safety, func'onality, and visual appeal of Eastvale’s concrete infrastructure. By partnering with qualified contractors, the City is able to efficiently meet ongoing maintenance demands and respond quickly to unforeseen needs, while adhering to all applicable City policies, procedures, and Riverside County 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 | eastvaleca.gov
279
Standard Plans and Specifications.
On May 21, 2025, the City issued Invita'on for Bids (IFB) No. 25-117ST through the City’s website and online bidding system, PlanetBids, to solicit proposals from qualified contractors. The IFB was also adver'sed in a local newspaper on May 22 and 28, 2025. By the bid closing date of June 5, 2025, the City received nine bids. AEer a thorough responsiveness review, staff determined all bids were responsive to the City's IFB specifications and requirements.
The bid document included specific language indica'ng the award could result in mul'ple contracts to the best advantage of the City. AEer thorough evalua'on of the bids received, it was determined that it is in the City's best interest to recommend an award to Towo Enterprise Inc. and CT&T Concrete Paving Inc. This is being done to assure compe''ve pricing while minimizing poten'al delays. Eastvale Municipal Code Sec'on 4.06.070 provides that when compe''ve formal bidding is required the contract shall be awarded to the lowest responsive bidder. Because the City is proposing to award to the two lowest bidders, the City Council must approve an exemp'on to this requirement. Sec'on 4.06.080(i) provides that the Council may authorize an exemp'on from strict adherence to the bidding requirements in the Code if the council finds it is in the best interests of the City. In this circumstance, it is advantageous for the City to award multiple contracts for concrete repair and installa'on services to provide flexibility and ensure 'mely response to service needs as they arise.
Bid results are as follows:
Name of Bidder City Base Bid Amount
Towo Enterprise Inc. Fullerton, CA $24,171.00
CT&T Concrete Paving Inc. Diamond Bar, CA $27,810.30
G.M. Sager Construction Co., Inc. Pomona, CA $36,140.00 Grigolla & Sons Construction
Company, Inc.
San Dimas, CA $37,893.00
Van Engineering Wildomar, CA $40,301.00
We R Builders, Inc. Glendale, CA $41,777.95
DM Contracting, Inc. Colton, CA $49,205.00
Gentry General Engineering, Inc. Colton, CA $49,408.61
Aster Construction Services Los Angeles, CA $56,453.00
Background
The Public Works Department’s Streets Division u'lizes contracted services to support the ongoing maintenance and repair of Eastvale’s concrete infrastructure. Well-maintained sidewalks, ADAcompliant ramps, curbs, and cross guKers are essen'al to ensuring safe, accessible, and func'onal pathways for all users. These elements not only improve public safety and mobility but also contribute to the City’s overall aesthetics.
Proac've maintenance supports the City’s commitment to infrastructure preserva'on and longterm asset management. To ensure efficient, high-quality service that meets both rou'ne and emergency needs, the City partners with qualified contractors who perform work in accordance with established industry standards.
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 | eastvaleca.gov
280
The scope of services includes, but is not limited to, providing all necessary personnel, instruments, traffic control, equipment, and materials to perform the following on an on-call basis:
Repair and/or replacement of sidewalks, curbs, guKers, drive approaches, cross guKers, spandrels, and ADA-compliant ramps
Installation of new concrete infrastructure as needed
Temporary traffic control in compliance with the Manual on Uniform Traffic Control Devices (MUTCD)
All work will be performed in accordance with the City of Eastvale’s policies, City Standard Plans and Specifications, and applicable State and Federal standards.
The proposed agreements will be for one (1) three-year term, with the op'on to renew for two (2) one-year extensions, subject to sa'sfactory performance. The proposed agreements will each have an individual not to exceed amount of $500,000 per fiscal year. Expenditures will be controlled via budget and individual purchase orders for each vendor. The execu'on of these agreements will con'nue to support the City's commitment to meet ongoing maintenance demands and respond quickly to unforeseen needs.
Environmental
Per the California Environmental Quality Act (CEQA) Guidelines Sec'on 15378, the award of this Professional Services Agreement does not qualify as a “project” as defined by CEQA.
Strategic Plan Action - Priority Level: 2 | Target #: F | Goal #: F This ini'a've supports the City’s commitment to roadway safety and proac've infrastructure management.
Fiscal Impact
The proposed agreements will each have an individual not to exceed amount of $500,000 per fiscal year during the ini'al three-year term, with pricing remaining firm throughout this period.
Expenditures will be controlled via budget and individual purchase orders for each vendor. There is no fiscal impact at this 'me, and the agreements do not guarantee work or funding. Subject to budget approval and available funding, the majority of expenditures will be charged to Gas Tax Fund Account No. 200-510-6490 and to Capital Improvement Project 91010 under the Measure A Fund (Account No. 210-510-6690-91010).
Prior City Council/Commission Action
None.
Attachment(s)
Attachment 1 - Agreement for Concrete Maint Repai with Towo_25-117ST.pdf Attachment 2 - Agreement for Concrete Maint Repai with CTT_25-117ST.pdf 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 | eastvaleca.gov
281
1 AGREEMENT FOR CONCRETE MAINTENANCE REPAIR AND
INSTALLATION SERVICES
BETWEEN
THE CITY OF EASTVALE, CALIFORNIA
AND
TOWO ENTERPRISE INC.
This Agreement for Concrete Maintenance Repair and Installation Services (“Agreement”) is entered into as of August 13, 2025 (“Effective Date”) between the City of Eastvale, a municipal corporation (“City”) and Towo Enterprise Inc., a California Corporation (“Contractor”) (collectively the “Parties”). 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. SCOPE OF SERVICES
1.1 Term. Subject to the provisions of Section 8 [Termination] of this Agreement, the term of this Agreement is for three years commencing on the Effective Date (“Term”). The Parties may, by mutual, written consent, extend the term of this Agreement for up to two (2) additional one (1) year periods. Such extensions may include increased compensation for an increase in labor or supply costs, with said increase not to exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data as follows:
Riverside-San Bernardino-Ontario, CA; All Urban Consumers; Not Seasonally Adjusted; annualized change comparing the most recent month’s reported data to the same month of the prior year.
1.2 Contractor Services. Subject to the terms and conditions of this Agreement and in accordance with Invitation for Bids (IFB) No. 25-117ST, Contractor agrees to perform for City those services specified in the Scope of Services attached hereto and incorporated herein by reference as Exhibit “A” [Scope of Services] (“Services”). Contractor agrees to furnish, for the compensation provided for herein, all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perform and complete the Services. The Services shall be subject to inspection and approval by City. Contractor agrees to work closely with City staff in the performance of the Services and shall be available to City’s staff and consultants at all reasonable times.
1.3 Extra Work. Contractor shall not be compensated for any work or services rendered in connection with its performance of this Agreement, which are in addition to or outside of the Services (“Extra Work”), except as expressly provided for herein. It shall be Contractor’s responsibility to ensure that the scope and price of any Extra Work to be performed by Contractor is approved by City in writing in advance of Contractor’s commencement of the Extra Work in accordance with Section 9.10 [Amendments] and Section 9.19 [Administration and Implementation]. City shall not be obligated to pay for or otherwise be liable for unauthorized Extra Work performed by Contractor. 282
2 1.4 Schedule of Performance. Contractor agrees to diligently perform and complete the Services in accordance with the schedule of performance attached hereto and incorporated herein by reference as Exhibit “B” [Schedule of Performance] (“Schedule of Performance”). Modifications to the Schedule of Performance must be agreed upon in writing in advance by the City Manager pursuant to Section 9.19 [Administration and Implementation] and Contractor.
1.5 General Warranty. Contractor warrants all Services under this Agreement (which for purposes of this Section shall be deemed to include unauthorized Extra Work which has not been removed and any non-conforming materials incorporated into the Services) to be of good quality and free from any defective or faulty material and workmanship. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Services, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City.
1.6 Repair of Defects. Contractor agrees that for a period of one (1) year from and after final acceptance of the Services, or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Services, whichever is later, Contractor shall within ten (10) days after being notified in writing by City of any defect in the Services or non-conformance of the Services, commence and prosecute with due diligence all work and services necessary to fulfill the terms of the warranty at its sole cost and expense. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work, facilities, fixtures, or materials damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective Services. For any Services so corrected, Contractor's obligation hereunder to correct defective Services shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Services. Contractor shall perform such tests as City may require to verify that any corrective actions are adequate to remedy the defective condition. In the event that Contractor fails to perform its obligations under this Section to the reasonable satisfaction of City, then City shall have the right to correct and replace any defective, non-conforming, or damaged Services at Contractor's sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.
1.7 Contractor’s Representative. Contractor hereby designates the representative named in Exhibit “D” [Representatives], or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
283
3 1.8 Contract Documents. The following documents shall be referred to collectively as the "Contract Documents," each of which is incorporated into and made part of this Agreement by reference:
Approved and fully executed change orders (if any)
Addenda (if any)
This Agreement
All exhibits to this Agreement
Notice Inviting Bids (if any)
Instructions to Bidders, and any documents referenced therein (if any) Bid Forms (including Contractor’s Bid Schedule) (if any) Payment and Performance Bonds, if required
The Contract Documents are intended to be complementary, and a requirement in one document is as effective as if it appeared in all of the Contract Documents. In the event of a conflict between any of the Contract Documents, the documents shall be given effect in the order set forth above (from top to bottom).
SECTION 2. COMPENSATION AND METHOD OF PAYMENT
2.1 Compensation. City shall pay to Contractor for non-disputed Services rendered the compensation set forth in Exhibit “C” [Compensation] attached hereto and incorporated herein by reference. Total compensation to Contractor for the Services shall not exceed the total price or “not to exceed” amount set forth in Exhibit “C,” without the prior written approval of City in accordance with Section 9.10 [Amendments] and Section
9.19 [Administration and Implementation].
2.2 Payment of Compensation. Contractor shall submit periodic (monthly or quarterly as specified in Exhibit “C”) invoices together with an itemized statement of Services provided. The statement shall describe the Services provided, the percent of work completed by item, together with such other reasonable detail and supporting documentation as may be required by the City Manager, or his/her designee. City will review the statement and pay, with the exception of any charges for work performed or expenses incurred by Contractor which are disputed by City, within 30 days of receiving such statement, all approved charges thereon. Payment by City shall release City from any further obligation for payment to Contractor, for Services performed or expenses incurred as of the date of the invoice. Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defect in work performed by Contractor.
SECTION 3. RESPONSIBILITIES OF CONTRACTOR
3.1 Control and Payment of Subordinates; Independent Contractor.
Contractor agrees that all Services shall be performed by Contractor or under its supervision. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under the Contractor’s exclusive direction and control.
Contractor will determine the means, methods and details of performing the Services 284
4 subject to the requirements of this Agreement. 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. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, healthcare or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights. Contractor shall make payments promptly, as due, to all persons supplying labor or materials for the Services. Contractor shall not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished for the Services. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person as such claim becomes due, City may pay such claim and charge the amount of the payment against funds due or to become due the Contractor.
The payment of the claim in this manner shall not relieve Contractor or their surety from obligation with respect to any unpaid claims.
3.2 Standard of Care and Licenses. Contractor agrees that all Services shall be performed in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and warrants that it, its employees and subcontractors shall have sufficient skill and experience to perform the Services and that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained in good standing throughout the term of this Agreement.
3.3 Required Corrections. Contractor shall perform, at its own expense and without reimbursement from the City, any work necessary to correct errors or omissions that are caused by the Contractor’s failure to comply with the standard of care provided for herein.
3.4 Law 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 Services, 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 Services.
3.5 Safety. Contractor shall perform the Services, and maintain its work area, so as to avoid injury or damage to any person or property and shall otherwise 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.
3.6 Labor Code and Prevailing Wage Requirements.
285
5 3.6.1 Apprenticeable Crafts. To the extent applicable, 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.
3.6.2 Hours of Work. Contractor shall comply with the legal days work and overtime requirements of Section 1813 of the Labor Code.
3.6.3 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. Contractor shall make all such records available for inspection at all reasonable hours.
3.6.4 Prevailing Wage Laws. Contractor represents and warrants that it 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”), which require the payment of prevailing wage rates and the performance of other requirements on “Public Works” and “Maintenance” projects. Contractor acknowledges that the Services are being performed as part of an applicable “Public Works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and any location where the Services are performed.
3.7 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant, in any way, in the employment of persons to perform the Services in violation of any federal or state law prohibiting discrimination in employment, including based on the 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, of any person, except as provided under California Government Code section 12940.
SECTION 4. INDEMNIFICATION
4.1 Indemnity. Except as to the sole negligence or willful misconduct of City, Contractor expressly agrees to, and shall, indemnify, defend, release, and hold City, and its respective officials, officers, employees, agents, and contractors harmless from and against any Action, liability, loss, damage, entry, judgment, order, lien, and Costs and Expenses which arises out of, or are in any way related to, any act or omission of Contractor, or its officers, directors, employees, agents, or contractors, connected with the performance or failure to perform under this Agreement, notwithstanding that City may have benefited therefrom, or any challenge to this Agreement. This Section shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or 286
6 passive, on the part of Contractor’s officers, directors, employees, agents and contractors, including but not limited to acts or omissions in any way related to, the release, treatment, use, generation, transportation, storage, or disposal in, on, under, to, or from the location at which work under this Agreement is performed of any Hazardous Substances by Contractor or its officers, directors, employees, agents, and subcontractors. The Parties expressly agree that any payment, or Costs and Expenses City incurs or makes to, or on behalf of, an injured employee under City’s workers’ compensation or other insurance, is included as a loss or Costs and Expenses for the purpose of this Section. City shall not be responsible for any acts, errors or omissions of any person or entity except City and its officers, agents, servants, employees or contractors. The Parties expressly agree that the obligations of Contractor under this Section shall survive the expiration or early termination of the Agreement.
4.2 Action. For purposes of this Agreement, “Action” shall mean any suit (whether legal, equitable, or declaratory in nature), proceeding or hearing (whether administrative or judicial), arbitration or mediation (whether voluntary, court-ordered, binding, or non-binding), or other alternative dispute resolution process, and the filing, recording, or service of any process, notice, claim, demand, lien, or other instrument which is a prerequisite or prelude to commencement of the Action.
4.3 Costs and Expenses. For purposes of this Agreement, “Costs and Expenses” shall mean all costs and expenses, to the extent reasonable in amount, actually and necessarily incurred by a Party in good faith in the investigation, prosecution or defense of an Action, including, but not limited to, court costs, filing, recording, and service fees, copying costs, exhibit production costs, special media rental costs, attorney’s fees, consultant fees, fees for investigators, witness fees (both lay and expert), travel expenses, deposition and transcript costs, and any other costs or expenses, the award of which a court of competent jurisdiction may determine to be just and reasonable.
4.4 Hazardous Substances. For purposes of this Agreement, “Hazardous Substances” shall mean any and all of the following:
a. any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability arises for misuse, pursuant to the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”), 42 U.S.C. §9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. §1801, et seq.; the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. §6901, et seq.; the Toxic Substances Control Act, 15 U.S.C.S. §2601, et seq.; the Clean Water Act, 33 U.S.C. §1251, et seq.; the Insecticide, Fungicide, Rodenticide Act, 7 U.S.C. §136, et seq.; the Superfund Amendments and Reauthorization Act, 42 U.S.C. §6901, et seq.; the Clean Air Act, 42 U.S.C. §7401, et seq.; the Safe Drinking Water Act, 42 U.S.C. §300f, et seq.; the Solid Waste Disposal Act, 42 U.S.C. §6901, et seq.; the Surface Mining Control and Reclamation Act, 30 U.S.C. §1201, et seq.; the Emergency Planning and Community Right to Know Act, 42 U.S.C. §11001, et seq.; the Occupational Safety and Health Act, 29 U.S.C. §§655 and 657; the Hazardous Waste Control Act, California Health and Safety Code (“H.&S.C.”) §25100, et seq.; the Hazardous Substance Account Act, 287
7 H.&S.C.§25330, et seq.; the California Safe Drinking Water and Toxic Enforcement Act, H.&S.C. §25249.5, et seq.; the Underground Storage of Hazardous Substances, H.&S.C. §25280, et seq.; the Carpenter-Presley-Tanner Hazardous Substance Account Act, H.&S.C. §25300, et seq.; the Hazardous Waste Management Act, H.&S.C. §25170.1, et seq.; the Hazardous Materials Response Plans and Inventory, H.&S.C. §25001, et seq.; the Porter-Cologne Water Quality Control Act, Water Code §13000, et seq., all as they may from time to time be amended; and
b. any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability for misuse arises pursuant to any other federal, state or local statute, law, ordinance, resolution, code, rule, regulation, order or decree due to its hazardous, toxic or dangerous nature.
SECTION 5. RECORDS AND DOCUMENTS
5.1 Accounting Records.
5.1.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all expenses incurred under 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. All such records shall be clearly identifiable.
5.1.2 Inspection and Copying. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. At no cost to City, Contractor shall provide copies of such documents or records 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.
5.2 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 shall become the sole property of City and may be used, reused or otherwise disposed of by the 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
288
8 SECTION 6. INSURANCE
6.1 Maintenance of Insurance. Prior to the beginning of and throughout the term of this Agreement, Contractor will maintain insurance in conformance with requirements established by City for the type of Services being performed. Contractor acknowledges that prior to the Effective Date of this Agreement, City provided to Contractor the applicable insurance requirements, a copy of which are attached hereto as Exhibit “F” [Insurance]. Contractor acknowledges that the insurance coverage and policy limits provided by City 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.
6.2 Subcontractors Insurance. Contractor agrees to ensure that subcontractors, and any other party involved in the performance of the Services 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.
6.3 Modification of Insurance Provisions. The City Manager may make reasonable amendments to the insurance requirements of this section, with the written concurrence of the Finance Director or Risk Manager, in accordance with Section 9.19 [Administration and Implementation] after considering the Scope of Services, potential liabilities, and the required level of insurance to adequately protect the City.
SECTION 7. BONDS
7.1 Performance and Payment Bonds. If required by law or specifically required by City as set forth in Exhibit “E” [Bonds Required], attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with Contractor’s execution of this Agreement, but in no event later than the Effective Date of this Agreement, a Performance Bond and/or a Payment Bond in the amount of the total, not-to-exceed compensation indicated in Exhibit C, and in a form provided or approved by the City.
7.2 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, without further notice from City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. 289
9 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.
7.3 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 8. TERMINATION.
8.1 Termination by City. City may, by written notice to Contractor, terminate with or without cause, and without any prior notice of default or right to cure by Contractor, the whole or any part of this Agreement at any time and by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least five (5) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those non-disputed Services that have been adequately rendered to City, and Contractor shall be entitled to no further compensation.
8.2 Termination by Contractor. Contractor may, by written notice to City, terminate this Agreement based upon City’s failure to timely cure a default under this Agreement as provided herein. At least forty-five (45) days prior to termination, Contractor shall provide City with a written notice specifying City’s alleged default and providing City with a forty-five (45) day period to cure the default. Should City timely cure such default, the Agreement shall continue. Should City fail to timely or adequately cure such default, Contractor may terminate this Agreement by issuance of written notice to City.
SECTION 9. GENERAL PROVISIONS
9.1 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
9.2 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services 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 Services until the same is fully completed and accepted by City.
9.3 Liquidated Damages. The Parties agree that City has a legitimate interest in ensuring that Contractor provides the Services (including performance of all duties and 290
10 responsibilities) required under this Agreement in a consistent and reliable manner, and that Contractor’s failure to timely provide such Services or to provide them in an inadequate manner will cause City to suffer damages and that it is, and will be, impractical and extremely difficult to ascertain and determine the exact amount of damages or to calculate actual damages. Therefore, in addition to City’s right to treat such nonperformance as a material breach of, and to terminate, this Agreement, the Parties agree that liquidated damages, as provided herein, represent a reasonable estimate of the monetary damages that reasonably could be anticipated and that proof of actual damages would be costly or impractical. The Parties specifically confirm the accuracy of the statements made above and the fact that each Party has had ample opportunity to consult with legal counsel and obtain an explanation of the liquidated damage provisions at the time that the Agreement was made. Therefore, in lieu of actual damages, Contractor is subject to payment of $500 per failure to perform, per day. City may, at its election, deduct any assessed liquidated damages from payment due, or that will become due, to Contractor from City.
9.4 Excusable Delays. Contractor shall not be liable for damages, including liquidated damages, if any, caused by delay in performance of 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.
9.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of the Agreement.
9.6 Governing Law. 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. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Eastern Division of the Central District of California, located in Riverside, California.
9.7 Integration. This Agreement, including the attached Exhibits “A” through “F” and other Contract Documents, 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.
9.8 Severability. If a 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 291
11 Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
9.9 Prohibited Interests. Contractor represents 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 Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
9.10 Amendments. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contractor and City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Eastvale Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for amendments or modifications to be in writing cannot be waived and that any attempted waiver shall be void.
9.11 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
9.12 Delivery of Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be given to the respective parties at the email addresses or physical addresses listed in Exhibit “D”, or at such other address as the respective parties may provide in writing for this purpose. Such notice shall be deemed made when emailed or personally delivered or forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address.
Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
9.13 Binding Effect. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
9.14 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 or 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 Services by Contractor shall not constitute a waiver of any of the provisions of this Agreement.
9.15 Attorney’s 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 and Costs and Expenses, in addition to any other relief to which it may be entitled.
292
12 9.16 Subcontracting. Contractor shall not subcontract any portion of the Services, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions of this Agreement.
9.17 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
9.18 Authority to Execute. The person or persons executing this Agreement on behalf of Contractor represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Contractor to the performance of its obligations hereunder.
9.19 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 the City Manager’s contracting authority under the Eastvale Municipal Code.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF EASTVALE CONTRACTOR:
________________________________ ______________________________ Mark Orme, City Manager By: ___________________________ Its: ___________________________
ATTEST:
______________________________
By: __________________________
________________________________ Its: __________________________ Marc Donohue, City Clerk
APPROVED AS TO FORM:
________________________________
Erica Vega, City Attorney
293
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
On ____________________, 20__, before me, ,
Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared ,
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's
Name:
¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
294
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
On ____________________, 20__, before me, ,
Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared ,
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's
Name:
¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
295
EXHIBIT “A”
SCOPE OF SERVICES
Contractor shall perform scope of work and provide specified bid items as set forth below and in accordance with IFB requirements.
A. GENERAL DESCRIPTION
The City of Eastvale (City) is soliciting competitive bids from qualified contractors to provide concrete maintenance, repair and installation services on an oncall basis. The work related to repairs includes, but is not limited to: the repair and/or replacement of sidewalks, curbs and gutters, drive approaches, cross gutters, spandrels, ADA ramps, and other related concrete work.
All work shall be performed in conformance with the latest edition of the City of Eastvale’s policies and procedures, and the Riverside County Standard Plans and Specifications. The successful contractor shall maintain a valid Class A or Class C-8 license throughout the term of the agreement and shall comply with the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD) for Temporary Traffic Control Zones when performing work within the City. All contractors and subcontractors shall carry full insurance coverage, with the City named as an additional insured, as appropriate.
The following description is intended to outline the general duties of the on-call maintenance contractor for concrete and asphalt materials within the City of Eastvale. This list is not inclusive. If the Contractor believes additional tasks are warranted, such tasks must be clearly identified in the proposal as an “Add Alternate” for the City’s review and consideration.
This contract is subject to prevailing wage rate laws and compliance with Department of Industrial Relations (DIR) regulations. All contractors submitting a bid and subcontractors listed in their bids shall be registered with the DIR and, if awarded a contract, maintain a valid registration. Additional information may be found at: https://www.dir.ca.gov/public-works/publicworks.html 296
B. SPECIFICATIONS
1. SPECIAL PROVISIONS – GENERAL:
1.1STANDARD SPECIFICATIONS
The Standard Specifications of the Agency are contained in the 2018 Edition,
including any supplements, of the Standard Specifications for Public Works Construction, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and The Southern California District of the Associated General Contractors of California. Copies of these Standard Specifications are available from the Publisher of Building News, Incorporated, 10801 National Boulevard, Los Angeles, California 90064, telephone (310) 202-7775.
The Standard Specifications set forth above will control the general provisions, construction materials, and construction methods for this contract, except as amended by the Special Provisions or other contract documents. The following Special Provisions, or other contract documents are supplementary and in addition to the provisions of the Standard Specifications, unless otherwise noted. Only those sections requiring elaborations, amendments, specifying of options or additions are called out.
2.1EMERGENCY INFOMRATION
The names, addresses and telephone numbers of the Contractor and Subcontractors, or their representatives, shall be filed with the Engineer and the City Police and Fire Departments prior to beginning work.
3.1GUARANTEE
The Prime Contractor shall be responsible for and shall repair any defects due to faulty labor or materials, which may arise or be discovered in accordance to the Standard Specifications.
4.1UTILITIES
This Section shall conform to Section 402 of the Standard Specifications and these Special Provisions.
If utility construction work within the area is required during the construction of this project, the Contractor is directed to cooperate with the utility company(s) and their workers to assure proper installation of the utilities with a minimum of conflict.
5.1WORK DAYS
This Section shall conform to Section 6-1 of the Standard Specifications and these Special Provisions. The Contractor’s activities shall be confined to the following hours during working days as defined as Monday to Friday excluding City observed holidays:
297
a) 7:00 a.m. to 4:00 p.m. for work on local, collector and secondary arterial streets;
b) 7:00 a.m. to 4:00 p.m. for work on major arterials
Deviation from these hours or weekend work shall not be permitted without the prior consent of the Project Manager or Designee, except in emergencies involving immediate hazard to persons or property.
6.1PUBLIC CONVENIENCE AND SAFETY
This section shall conform to Subsection 5-7 of the Standard Specifications and these Special Provisions. the Contractor shall install temporary traffic striping, where needed, in any unstriped lanes opened to traffic.
All street closures and signs used for handling traffic during construction shall be in accordance with the “California Temporary Traffic Control Handbook” (CATTCH), which shall be considered a part of these Special Provisions. The method in which signs, barriers, and other miscellaneous traffic devices are used during construction shall be in accordance with the publication mentioned above, except only standard size signs shall be used on arterial streets.
All signs shall be illuminated or reflectorized when they are used during hours of darkness. All cones, pylons, barricades, or posts used in the diversion of traffic during working hours shall be provided with flashers or other satisfactory illumination.
All signing, barricading and diversion of traffic shall be subject to the approval of the Engineer. The Contractor shall provide a telephone number at which the Contractor’ representatives can be reached should an emergency occur requiring replacement or relocation of the required traffic devices.
Prior to the start of construction operations, the Contractor shall notify the Police and Fire Departments of the Agency, giving the approximate starting date, completion date, and the name and telephone number of responsible persons who may be contacted at any hour in the event of a critical condition.
Unless noted otherwise in the above descriptions, ALL other work relating to striping, including but not limited to removal and installation of markers, rpm’s, stripes, pavement markings, curb markings and slurry seal shall be considered included in the unit price paid for as itemized in the bid document. This unit price shall include full compensation for furnishing labor, materials, tools, equipment, other incidentals for work as shown on 298
the plans, in the Specifications and in the Special Provisions and no additional payment will allowed therefore.
7.1WORK BY CITY FORCES BECAUSE OF NONCONFORMANCE BY
CONTRACTOR
Should the Contractor fail to correct deficiencies or public nuisances that have been created because of his/her operation, then these will be considered to be of an emergency nature, and will call for the Agency to move in on the project to take corrective action. Such work will be done on a force account basis with an additional callout charge. There is a minimum two-hour charge for labor on any callout plus an additional callout charge of $200.
8.1STORM WATER POLLUTION PREVENTION
The Contractor shall review and understand the State General Construction Activity Storm Water Permit before submitting a bid. By submitting a bid, the Contractor acknowledges satisfaction as to the requirements of the State General Construction Activity Storm Water Permit.
The Contractor is hereby notified that specific construction practices in the Standard Specifications, Section 3- 12.6.3, Responsibilities of the Contractor” are considered to be Best Management Practices. Applicable construction practices in the Standard Specifications shall be incorporated into the work performed in the Agency.
Payment for Storm Water Pollution Prevention shall be included in the various items of work involved, and shall include full compensation for conforming to Contractor’s actual construction practices, and no additional payment will be made therefore.
2. SCOPE OF WORK
1.1GENERAL DESCRIPTION
A. Perform preventive maintenance and repairs for the City in accordance with State and Federal Law, in accordance with public safety.
B. Staff the on-call concrete maintenance function as needed to achieve the desired results.
C. Maintain a safety program for all staffing compliance with all State and Federal laws.
D. Comply with all State and Federal requirements regarding alternative action and provisions for minority hiring.
299
E. Provide all necessary personnel, instruments, traffic control, equipment, and materials to perform the services described in this IFB.
F. Perform the services with the degree of skill and diligence normally employed by operations and maintenance personnel performing the same or similar services.
G. Maintain a comprehensive list of work sites in Microsoft Excel; provide the City reports and/or copies as requested.
H. Upon receiving work locations, verify the location and quantity of work from the Work Order, and advise the City of any adjacent or nearby work.
I. Submit alternative construction techniques or improvements to proposed work and/or plans as necessary, or as requested.
J. Ensure all subcontractors are licensed and bonded in the specialty for which they are contracted.
K. Ensure all contractors and subcontractors carry full insurance with the City named as an additional insured as appropriate.
L. For the purposes of preparing bids based on the estimated quantities in Attachment B, quantities shall be aggregated by "Location." A "Location" is defined as one or more designated work sites that are within a one (1) mile radius of each other or otherwise grouped to allow for a single mobilization. Multiple work areas identified in the same Work Order shall be treated as part of the same location if they meet this proximity criterion.
2.1TIME FOR COMPLETION OF WORK
A. General Response
The Contractor shall provide a written acknowledgment of receipt of the Work Order (WO), including the anticipated mobilization date, within five (5) working days of receiving the WO. The Contractor shall mobilize within ten (10) working days of the written acknowledgment and complete all assigned work within ten (10) working days, unless otherwise approved by the Project Manager or their designee. All work associated with the same WO shall be performed on the same day, unless prior approval is obtained from the Project Manager or their designee.
300
Any deviations from the above shall be preapproved by Project Manager or City Designee.
By submitting a proposal to this IFB, the Contractor acknowledges and agrees to comply with all response timelines and work deadlines established by the City. Failure to meet these deadlines or respond to project requests in a timely manner may result in termination of the contract.
Upon completion of each responsive WO, the Contractor shall notify the Public Works Department within twenty-four (24) hours of completion.
This notification shall include confirmation that the work has been completed and any relevant documentation, as required by the City.
3.1MAINTENANCE ITEMS
In general, the work consists of miscellaneous concrete repairs within the public right-of-way on an on-call basis. However, work may also include other miscellaneous Public Works related needs. The Contractor shall furnish all tools, equipment, apparatus, facilities, labor, services, and materials, and perform all work necessary to provide the required services on an on-call basis. All work shall be performed within the City of Eastvale’s public right-of-way and may include, but is not limited to, the following:
A. Sidewalk Grinding
B. Sidewalk Removal and Replacement
C. Curb and Gutter Removal and Replacement
D. Driveway Approach Removal and Replacement
E. Cross Gutters, Spandrels Removal and Replacement
F. Access Ramps (ADA) Removal and Replacement
G. Retrofitting Truncated Domes
H. Asphalt Slot Removal
I. Other Related Maintenance Tasks – Other maintenance functions that might typically be performed in the City that are not expressly included above.
4.1TRAFFIC CONTROL
Street closures, detours, signs and barricades used for handling traffic shall conform to the requirements of latest edition of the “California Temporary Traffic Control Handbook” (CATTCH) and these Special Provisions.
Traffic control plan must be submitted and approved before starting work on any public street, except for the following temporary closures:
301
A. Temporary closure of local street may be done per CATTCH handbook without submitting traffic control plan. However, this will require prior approval from Traffic Engineer.
Any existing conflicting signs in the construction zone shall be covered during construction with heavy-duty black plastic (non-transparent) sheets or bags, which are secured to the sign post below the sign, with tape. In no case shall tape be applied to either front or back of any sign Intersections shall be kept open until work takes place within the intersection. Local vehicular and pedestrian access, including access to driveways and businesses, shall be maintained at all times. Pedestrian access (minimum 4-foot width) across both streets in an intersection must be maintained at all times.
Where parking is prohibited during construction, "TEMPORARY NO PARKING" signs shall be posted at least forty-eight hours, but no more than five working days, in advance of the work. The signs shall be placed no more than 150 feet apart on each side of the driveway approaches, alleys, streets and parking areas and at shorter intervals if conditions warrant. The Contractor shall provide the signs and will be responsible for adding the dates and hours of closure to the signs.
Compensation for all traffic control shall be considered paid for under other items of work involved, and no additional compensation will be allowed therefore.
5.1VEHICLE IDENTIFICATION
Contractors shall be required to have identification that clearly identifies the company’s name on all vehicles at all times while working in an official capacity for the City. Such signage shall be of a professional manner and maintained neat in appearance, free of graffiti, easily identifiable and in sound condition.
6.1RECORDS AND COMMUNICATIONS
Contractor shall provide electronic record files of work performed in a format approved by the City of Eastvale in Microsoft Excel format and shall forward those records by email to Projects Manager or designee.
The contractor shall be required to provide staff with a cellular/Wi-Fi enabled technological device, such as a smartphone, tablet, laptop or similar device at Contractor expense, to assist with the City’s Asset Management and Work Order System. Such device will be utilized to perform basic data input and respond to work orders from the City. Operation of the software system shall include, but is not limited to, monitoring and responding to real-time work order service requests and taking before and after photos of work 302
performed. The Contractor will be solely responsible for maintaining the device in working order to complete the required data entry for the City.
The City will provide training and instruction to the Contractor on the use of the City Work Order System.
7.1INVOICE AND PAYMENT
Invoices shall be submitted for each individual Work Order. Each invoice must reference the corresponding Work Order number and include an itemized breakdown of all charges. Payment will be made on Net 30 terms 303
EXHIBIT “B”
SCHEDULE OF PERFORMANCE
Contractor shall perform services on an as needed in accordance with Exhibit “A” of this agreement.
304
EXHIBIT “C”
COMPENSATION
Total compensation to Contractor for the Services under this Agreement shall not exceed $500,000 per fiscal year (July 1 through June 30).
Towo
Enterprise
Inc.
Fullerton,
CA
Item # Description UOM QTY Unit Price
Remove and Replace Sidewalk Section 4" Thick Per Riverside County Standard 401
1 UP TO 100, MINMUM REPAIR COST PER SF SF 1 $35.00
2 101 UP TO 500, MINMUM REPAIR COST PER SF SF 1 $30.00
3 501 UP TO 1000, MINMUM REPAIR COST PER SF SF 1 $25.00 4 1001 UP TO 2000, MINMUM REPAIR COST PER SF SF 1 $20.00 5 >2000, MINMUM REPAIR COST PER SF SF 1 $15.00
SUBTOTAL $125.00
Remove and Replace Sidewalk Section 6" Thick Per Riverside County Standard 401
6 UP TO 100, MINMUM REPAIR COST PER SF SF 1 $45.00
7 101 UP TO 500, MINMUM REPAIR COST PER SF SF 1 $40.00
8 501 UP TO 1000, MINMUM REPAIR COST PER SF SF 1 $35.00 9 1001 UP TO 2000, MINMUM REPAIR COST PER SF SF 1 $30.00 10 >2000, MINMUM REPAIR COST PER SF SF 1 $25.00
SUBTOTAL $175.00
Remove and Replace Cross Gutter, Approach or Street Section up to 8" Thick Per Riverside County Standard 209
11 UP TO 100, MINMUM REPAIR COST PER SF SF 1 $40.00
12 101 UP TO 200, MINMUM REPAIR COST PER SF SF 1 $35.00 13 201 UP TO 500, MINMUM REPAIR COST PER SF SF 1 $30.00 14 501 UP TO 2000, MINMUM REPAIR COST PER SF SF 1 $25.00 15 >2000, MINMUM REPAIR COST PER SF SF 1 $20.00
SUBTOTAL $150.00
Remove and Replace 6" Curb & Gutter Per Riverside County Standard 200 16 UP TO 20, MINMUM REPAIR COST PER LF LF 1 $105.00
17 21 UP TO 50, MINMUM REPAIR COST PER LF LF 1 $95.00
18 51 UP TO 100, MINMUM REPAIR COST PER LF LF 1 $85.00
305
19 >100, MINMUM REPAIR COST PER LF LF 1 $75.00
SUBTOTAL $360.00
Remove and Replace 6" Curb Only Per Riverside County Standard 203 20 UP TO 50, MINMUM REPAIR COST PER LF LF 1 $90.00
21 51 UP TO 100, MINMUM REPAIR COST PER LF LF 1 $80.00
22 101 UP TO 250, MINMUM REPAIR COST PER LF LF 1 $70.00 23 251 UP TO 500, MINMUM REPAIR COST PER LF LF 1 $60.00 24 501 UP TO 1000, MINMUM REPAIR COST PER LF LF 1 $45.00 25 >1000, MINMUM REPAIR COST PER LF LF 1 $40.00
SUBTOTAL $385.00
Remove and Replace 8" Curb Only Per Riverside County Standard 203 26 UP TO 50, MINMUM REPAIR COST PER LF LF 1 $90.00
27 51 UP TO 100, MINMUM REPAIR COST PER LF LF 1 $80.00
28 101 UP TO 250, MINMUM REPAIR COST PER LF LF 1 $70.00 29 251 UP TO 500, MINMUM REPAIR COST PER LF LF 1 $60.00 30 501 UP TO 1000, MINMUM REPAIR COST PER LF LF 1 $45.00 31 >1000, MINMUM REPAIR COST PER LF LF 1 $40.00
SUBTOTAL $385.00
Remove and Replace 6" Curb Only Per Riverside County Standard 204 32 UP TO 50, MINMUM REPAIR COST PER LF LF 1 $70.00
33 51 UP TO 100, MINMUM REPAIR COST PER LF LF 1 $65.00
34 101 UP TO 250, MINMUM REPAIR COST PER LF LF 1 $60.00 35 251 UP TO 500, MINMUM REPAIR COST PER LF LF 1 $55.00 36 501 UP TO 1000, MINMUM REPAIR COST PER LF LF 1 $50.00 37 >1000, MINMUM REPAIR COST PER LF LF 1 $45.00
SUBTOTAL $345.00
Remove and Replace 8" Curb Only Per Riverside County Standard 204 38 UP TO 50, MINMUM REPAIR COST PER LF LF 1 $90.00
39 51 UP TO 100, MINMUM REPAIR COST PER LF LF 1 $80.00
40 101 UP TO 250, MINMUM REPAIR COST PER LF LF 1 $70.00 41 251 UP TO 500, MINMUM REPAIR COST PER LF LF 1 $60.00 42 501 UP TO 1000, MINMUM REPAIR COST PER LF LF 1 $45.00 43 >1000, MINMUM REPAIR COST PER LF LF 1 $40.00
SUBTOTAL $385.00
Remove and Replace ADA Curb Ramp Per Riverside County Standard 403 44 1 UP TO 5, MINMUM REPAIR COST PER EA EA 1 $6,000.00
45 6 UP TO 10, MINMUM REPAIR COST PER EA EA 1 $6,500.00 46 UP TO 15, MINMUM REPAIR COST PER EA EA 1 $7,000.00
306
SUBTOTAL $19,500.00
Retrofit Truncated Domes on Existing Surface & Grind existing lip to 0" curb face
47 1 UP TO 5, MINMUM REPAIR COST PER EA EA 1 $700.00
48 6 UP TO 10, MINMUM REPAIR COST PER EA EA 1 $600.00
49 UP TO 15, MINMUM REPAIR COST PER EA EA 1 $500.00
SUBTOTAL $1,800.00
Sidewalk Grinding
50 UP TO 100, MINMUM REPAIR COST PER LF LF 1 $17.00
51 101 UP TO 500, MINMUM REPAIR COST PER LF LF 1 $15.00 52 >500, MINMUM REPAIR COST PER LF LF 1 $12.00
SUBTOTAL $44.00
Sidewalk Patching
53 UP TO 100, MINMUM REPAIR COST PER SF SF 1 $15.00
54 101 UP TO 500, MINMUM REPAIR COST PER SF SF 1 $12.00 55 >500, MINMUM REPAIR COST PER SF SF 1 $10.00
SUBTOTAL $37.00
Doweling
56 1, MINMUM REPAIR COST PER EA EA 1 $75.00
SUBTOTAL $75.00
Slot Patch (8 inches thick & 2 feet wide)
57 UP TO 5, MINMUM REPAIR COST PER CY CY 1 $125.00
58 UP TO 20, MINMUM REPAIR COST PER CY CY 1 $110.00
SUBTOTAL $235.00
Provide and Install Base
59 1, MINMUM REPAIR COST PER TON TON 1 $85.00
60 3, MINMUM REPAIR COST PER TON TON 1 $85.00
SUBTOTAL $170.00
BASE BID TOTAL (SUM OF LINES 1-60) 24,171.00
307
EXHIBIT “D”
REPRESENTATIVES
CITY’S REPRESENTATIVE
City of Eastvale
Public Works Department
Attn: Public Works Superintendent
2363 Limonite Ave #910
Eastvale, CA 91752
Phone: (951) 361-0900
Email Address: [email protected]
CONTRACTOR’S REPRESENTATIVE
Towo Enterprise, Inc.
Attn: Jessica Rhie, President
2536 Fender Ave., Suite D
Fullerton CA, 92831
Phone: (213) 248-0509
Email Address: [email protected]
308
EXHIBIT “E”
BONDS REQUIRED
No Bonds Required
309
EXHIBIT “F”
INSURANCE REQUIREMENTS FOR CITY OF EASTVALE
The City requires a certificate of insurance, including an underwriter’s endorsement, prior to commencement of the Services.
The insurance policies are to include additional endorsements that contain the following provisions:
1. That the City of Eastvale and its respective elected officials, officers, employees, agents and representatives are additional insureds under the policy;
2. The policies are primary and non-contributory to any insurance that may be carried by City;
3. The City is entitled to thirty (30) days’ prior written notice of cancellation, material reduction, or non-renewal of the policy or policies.
4. The insurance shall be carried only by responsible insurance companies that have rated “A-” and “V” or better by the A.M. Best Key Rating Guide, that are licensed to do business in the State of California. City will accept insurance provided by non-admitted “surplus lines” carriers only if the carrier is authorized to do business in the State of California.
Only the following “marked” requirements are applicable:
X Commercial General Liability (CGL): Insurance written on an occurrence basis to protect Contractor and City against liability or claims of liability which may arise out of this Agreement in the amount of one million dollars ($1,000,000) per occurrence and subject to an annual aggregate of two million dollars ($2,000,000). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. additional insured claims or contractual liability. All defense costs shall be outside the limits of the policy.
X Vehicle Liability Insurance: Contractor shall also procure and shall maintain during the term of this Agreement vehicle liability insurance in an amount not less than $1,000,000 for injuries, including accidental death, to any one person, and subject to the same minimum for each person, in an amount not less than one million dollars ($1,000,000) for each accident, and property damage insurance in an amount of not less than one million dollars ($1,000,000).
X Workers’ Compensation Insurance: For all of Contractor’s employees who will provide Services under this Agreement and to the extent required by applicable state or federal law, Contractor shall keep in full force and effect a Workers’ Compensation policy that includes a minimum of one million dollars ($1,000,000) of employers’ liability coverage. Contractor shall provide an endorsement that the insurer waives the right of subrogation against the City and 310
its respective elected officials, officers, employees, agents and representatives. In the event a claim under the provisions of the California Workers’ Compensation Act is filed against City by a bona fide employee of Contractor participating under this Agreement, Contractor is to defend and indemnify the City from such claim.
311
1 AGREEMENT FOR CONCRETE MAINTENANCE REPAIR AND
INSTALLATION SERVICES
BETWEEN
THE CITY OF EASTVALE, CALIFORNIA
AND
CT&T CONCRETE PAVING, INC.
This Agreement for Concrete Maintenance Repair and Installation Services (“Agreement”) is entered into as of August 13, 2025 (“Effective Date”) between the City of Eastvale, a municipal corporation (“City”) and CT&T Concrete Paving, Inc., a California Corporation (“Contractor”) (collectively the “Parties”). 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. SCOPE OF SERVICES
1.1 Term. Subject to the provisions of Section 8 [Termination] of this Agreement, the term of this Agreement is for three years commencing on the Effective Date (“Term”). The Parties may, by mutual, written consent, extend the term of this Agreement for up to two (2) additional one (1) year periods. Such extensions may include increased compensation for an increase in labor or supply costs, with said increase not to exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data as follows:
Riverside-San Bernardino-Ontario, CA; All Urban Consumers; Not Seasonally Adjusted; annualized change comparing the most recent month’s reported data to the same month of the prior year.
1.2 Contractor Services. Subject to the terms and conditions of this Agreement and in accordance with Invitation for Bids (IFB) No. 25-117ST, Contractor agrees to perform for City those services specified in the Scope of Services attached hereto and incorporated herein by reference as Exhibit “A” [Scope of Services] (“Services”). Contractor agrees to furnish, for the compensation provided for herein, all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perform and complete the Services. The Services shall be subject to inspection and approval by City. Contractor agrees to work closely with City staff in the performance of the Services and shall be available to City’s staff and consultants at all reasonable times.
1.3 Extra Work. Contractor shall not be compensated for any work or services rendered in connection with its performance of this Agreement, which are in addition to or outside of the Services (“Extra Work”), except as expressly provided for herein. It shall be Contractor’s responsibility to ensure that the scope and price of any Extra Work to be performed by Contractor is approved by City in writing in advance of Contractor’s commencement of the Extra Work in accordance with Section 9.10 [Amendments] and Section 9.19 [Administration and Implementation]. City shall not be obligated to pay for or otherwise be liable for unauthorized Extra Work performed by Contractor. 312
2 1.4 Schedule of Performance. Contractor agrees to diligently perform and complete the Services in accordance with the schedule of performance attached hereto and incorporated herein by reference as Exhibit “B” [Schedule of Performance] (“Schedule of Performance”). Modifications to the Schedule of Performance must be agreed upon in writing in advance by the City Manager pursuant to Section 9.19 [Administration and Implementation] and Contractor.
1.5 General Warranty. Contractor warrants all Services under this Agreement (which for purposes of this Section shall be deemed to include unauthorized Extra Work which has not been removed and any non-conforming materials incorporated into the Services) to be of good quality and free from any defective or faulty material and workmanship. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Services, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City.
1.6 Repair of Defects. Contractor agrees that for a period of one (1) year from and after final acceptance of the Services, or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Services, whichever is later, Contractor shall within ten (10) days after being notified in writing by City of any defect in the Services or non-conformance of the Services, commence and prosecute with due diligence all work and services necessary to fulfill the terms of the warranty at its sole cost and expense. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work, facilities, fixtures, or materials damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective Services. For any Services so corrected, Contractor's obligation hereunder to correct defective Services shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Services. Contractor shall perform such tests as City may require to verify that any corrective actions are adequate to remedy the defective condition. In the event that Contractor fails to perform its obligations under this Section to the reasonable satisfaction of City, then City shall have the right to correct and replace any defective, non-conforming, or damaged Services at Contractor's sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.
1.7 Contractor’s Representative. Contractor hereby designates the representative named in Exhibit “D” [Representatives], or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
313
3 1.8 Contract Documents. The following documents shall be referred to collectively as the "Contract Documents," each of which is incorporated into and made part of this Agreement by reference:
Approved and fully executed change orders (if any)
Addenda (if any)
This Agreement
All exhibits to this Agreement
Notice Inviting Bids (if any)
Instructions to Bidders, and any documents referenced therein (if any) Bid Forms (including Contractor’s Bid Schedule) (if any) Payment and Performance Bonds, if required
The Contract Documents are intended to be complementary, and a requirement in one document is as effective as if it appeared in all of the Contract Documents. In the event of a conflict between any of the Contract Documents, the documents shall be given effect in the order set forth above (from top to bottom).
SECTION 2. COMPENSATION AND METHOD OF PAYMENT
2.1 Compensation. City shall pay to Contractor for non-disputed Services rendered the compensation set forth in Exhibit “C” [Compensation] attached hereto and incorporated herein by reference. Total compensation to Contractor for the Services shall not exceed the total price or “not to exceed” amount set forth in Exhibit “C,” without the prior written approval of City in accordance with Section 9.10 [Amendments] and Section
9.19 [Administration and Implementation].
2.2 Payment of Compensation. Contractor shall submit periodic (monthly or quarterly as specified in Exhibit “C”) invoices together with an itemized statement of Services provided. The statement shall describe the Services provided, the percent of work completed by item, together with such other reasonable detail and supporting documentation as may be required by the City Manager, or his/her designee. City will review the statement and pay, with the exception of any charges for work performed or expenses incurred by Contractor which are disputed by City, within 30 days of receiving such statement, all approved charges thereon. Payment by City shall release City from any further obligation for payment to Contractor, for Services performed or expenses incurred as of the date of the invoice. Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defect in work performed by Contractor.
SECTION 3. RESPONSIBILITIES OF CONTRACTOR
3.1 Control and Payment of Subordinates; Independent Contractor.
Contractor agrees that all Services shall be performed by Contractor or under its supervision. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under the Contractor’s exclusive direction and control.
Contractor will determine the means, methods and details of performing the Services 314
4 subject to the requirements of this Agreement. 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. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, healthcare or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights. Contractor shall make payments promptly, as due, to all persons supplying labor or materials for the Services. Contractor shall not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished for the Services. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person as such claim becomes due, City may pay such claim and charge the amount of the payment against funds due or to become due the Contractor.
The payment of the claim in this manner shall not relieve Contractor or their surety from obligation with respect to any unpaid claims.
3.2 Standard of Care and Licenses. Contractor agrees that all Services shall be performed in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and warrants that it, its employees and subcontractors shall have sufficient skill and experience to perform the Services and that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained in good standing throughout the term of this Agreement.
3.3 Required Corrections. Contractor shall perform, at its own expense and without reimbursement from the City, any work necessary to correct errors or omissions that are caused by the Contractor’s failure to comply with the standard of care provided for herein.
3.4 Law 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 Services, 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 Services.
3.5 Safety. Contractor shall perform the Services, and maintain its work area, so as to avoid injury or damage to any person or property and shall otherwise 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.
3.6 Labor Code and Prevailing Wage Requirements.
315
5 3.6.1 Apprenticeable Crafts. To the extent applicable, 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.
3.6.2 Hours of Work. Contractor shall comply with the legal days work and overtime requirements of Section 1813 of the Labor Code.
3.6.3 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. Contractor shall make all such records available for inspection at all reasonable hours.
3.6.4 Prevailing Wage Laws. Contractor represents and warrants that it 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”), which require the payment of prevailing wage rates and the performance of other requirements on “Public Works” and “Maintenance” projects. Contractor acknowledges that the Services are being performed as part of an applicable “Public Works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and any location where the Services are performed.
3.7 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant, in any way, in the employment of persons to perform the Services in violation of any federal or state law prohibiting discrimination in employment, including based on the 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, of any person, except as provided under California Government Code section 12940.
SECTION 4. INDEMNIFICATION
4.1 Indemnity. Except as to the sole negligence or willful misconduct of City, Contractor expressly agrees to, and shall, indemnify, defend, release, and hold City, and its respective officials, officers, employees, agents, and contractors harmless from and against any Action, liability, loss, damage, entry, judgment, order, lien, and Costs and Expenses which arises out of, or are in any way related to, any act or omission of Contractor, or its officers, directors, employees, agents, or contractors, connected with the performance or failure to perform under this Agreement, notwithstanding that City may have benefited therefrom, or any challenge to this Agreement. This Section shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or 316
6 passive, on the part of Contractor’s officers, directors, employees, agents and contractors, including but not limited to acts or omissions in any way related to, the release, treatment, use, generation, transportation, storage, or disposal in, on, under, to, or from the location at which work under this Agreement is performed of any Hazardous Substances by Contractor or its officers, directors, employees, agents, and subcontractors. The Parties expressly agree that any payment, or Costs and Expenses City incurs or makes to, or on behalf of, an injured employee under City’s workers’ compensation or other insurance, is included as a loss or Costs and Expenses for the purpose of this Section. City shall not be responsible for any acts, errors or omissions of any person or entity except City and its officers, agents, servants, employees or contractors. The Parties expressly agree that the obligations of Contractor under this Section shall survive the expiration or early termination of the Agreement.
4.2 Action. For purposes of this Agreement, “Action” shall mean any suit (whether legal, equitable, or declaratory in nature), proceeding or hearing (whether administrative or judicial), arbitration or mediation (whether voluntary, court-ordered, binding, or non-binding), or other alternative dispute resolution process, and the filing, recording, or service of any process, notice, claim, demand, lien, or other instrument which is a prerequisite or prelude to commencement of the Action.
4.3 Costs and Expenses. For purposes of this Agreement, “Costs and Expenses” shall mean all costs and expenses, to the extent reasonable in amount, actually and necessarily incurred by a Party in good faith in the investigation, prosecution or defense of an Action, including, but not limited to, court costs, filing, recording, and service fees, copying costs, exhibit production costs, special media rental costs, attorney’s fees, consultant fees, fees for investigators, witness fees (both lay and expert), travel expenses, deposition and transcript costs, and any other costs or expenses, the award of which a court of competent jurisdiction may determine to be just and reasonable.
4.4 Hazardous Substances. For purposes of this Agreement, “Hazardous Substances” shall mean any and all of the following:
a. any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability arises for misuse, pursuant to the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”), 42 U.S.C. §9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. §1801, et seq.; the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. §6901, et seq.; the Toxic Substances Control Act, 15 U.S.C.S. §2601, et seq.; the Clean Water Act, 33 U.S.C. §1251, et seq.; the Insecticide, Fungicide, Rodenticide Act, 7 U.S.C. §136, et seq.; the Superfund Amendments and Reauthorization Act, 42 U.S.C. §6901, et seq.; the Clean Air Act, 42 U.S.C. §7401, et seq.; the Safe Drinking Water Act, 42 U.S.C. §300f, et seq.; the Solid Waste Disposal Act, 42 U.S.C. §6901, et seq.; the Surface Mining Control and Reclamation Act, 30 U.S.C. §1201, et seq.; the Emergency Planning and Community Right to Know Act, 42 U.S.C. §11001, et seq.; the Occupational Safety and Health Act, 29 U.S.C. §§655 and 657; the Hazardous Waste Control Act, California Health and Safety Code (“H.&S.C.”) §25100, et seq.; the Hazardous Substance Account Act, 317
7 H.&S.C.§25330, et seq.; the California Safe Drinking Water and Toxic Enforcement Act, H.&S.C. §25249.5, et seq.; the Underground Storage of Hazardous Substances, H.&S.C. §25280, et seq.; the Carpenter-Presley-Tanner Hazardous Substance Account Act, H.&S.C. §25300, et seq.; the Hazardous Waste Management Act, H.&S.C. §25170.1, et seq.; the Hazardous Materials Response Plans and Inventory, H.&S.C. §25001, et seq.; the Porter-Cologne Water Quality Control Act, Water Code §13000, et seq., all as they may from time to time be amended; and
b. any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability for misuse arises pursuant to any other federal, state or local statute, law, ordinance, resolution, code, rule, regulation, order or decree due to its hazardous, toxic or dangerous nature.
SECTION 5. RECORDS AND DOCUMENTS
5.1 Accounting Records.
5.1.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all expenses incurred under 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. All such records shall be clearly identifiable.
5.1.2 Inspection and Copying. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. At no cost to City, Contractor shall provide copies of such documents or records 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.
5.2 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 shall become the sole property of City and may be used, reused or otherwise disposed of by the 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
318
8 SECTION 6. INSURANCE
6.1 Maintenance of Insurance. Prior to the beginning of and throughout the term of this Agreement, Contractor will maintain insurance in conformance with requirements established by City for the type of Services being performed. Contractor acknowledges that prior to the Effective Date of this Agreement, City provided to Contractor the applicable insurance requirements, a copy of which are attached hereto as Exhibit “F” [Insurance]. Contractor acknowledges that the insurance coverage and policy limits provided by City 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.
6.2 Subcontractors Insurance. Contractor agrees to ensure that subcontractors, and any other party involved in the performance of the Services 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.
6.3 Modification of Insurance Provisions. The City Manager may make reasonable amendments to the insurance requirements of this section, with the written concurrence of the Finance Director or Risk Manager, in accordance with Section 9.19 [Administration and Implementation] after considering the Scope of Services, potential liabilities, and the required level of insurance to adequately protect the City.
SECTION 7. BONDS
7.1 Performance and Payment Bonds. If required by law or specifically required by City as set forth in Exhibit “E” [Bonds Required], attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with Contractor’s execution of this Agreement, but in no event later than the Effective Date of this Agreement, a Performance Bond and/or a Payment Bond in the amount of the total, not-to-exceed compensation indicated in Exhibit C, and in a form provided or approved by the City.
7.2 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, without further notice from City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. 319
9 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.
7.3 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 8. TERMINATION.
8.1 Termination by City. City may, by written notice to Contractor, terminate with or without cause, and without any prior notice of default or right to cure by Contractor, the whole or any part of this Agreement at any time and by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least five (5) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those non-disputed Services that have been adequately rendered to City, and Contractor shall be entitled to no further compensation.
8.2 Termination by Contractor. Contractor may, by written notice to City, terminate this Agreement based upon City’s failure to timely cure a default under this Agreement as provided herein. At least forty-five (45) days prior to termination, Contractor shall provide City with a written notice specifying City’s alleged default and providing City with a forty-five (45) day period to cure the default. Should City timely cure such default, the Agreement shall continue. Should City fail to timely or adequately cure such default, Contractor may terminate this Agreement by issuance of written notice to City.
SECTION 9. GENERAL PROVISIONS
9.1 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
9.2 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services 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 Services until the same is fully completed and accepted by City.
9.3 Liquidated Damages. The Parties agree that City has a legitimate interest in ensuring that Contractor provides the Services (including performance of all duties and 320
10 responsibilities) required under this Agreement in a consistent and reliable manner, and that Contractor’s failure to timely provide such Services or to provide them in an inadequate manner will cause City to suffer damages and that it is, and will be, impractical and extremely difficult to ascertain and determine the exact amount of damages or to calculate actual damages. Therefore, in addition to City’s right to treat such nonperformance as a material breach of, and to terminate, this Agreement, the Parties agree that liquidated damages, as provided herein, represent a reasonable estimate of the monetary damages that reasonably could be anticipated and that proof of actual damages would be costly or impractical. The Parties specifically confirm the accuracy of the statements made above and the fact that each Party has had ample opportunity to consult with legal counsel and obtain an explanation of the liquidated damage provisions at the time that the Agreement was made. Therefore, in lieu of actual damages, Contractor is subject to payment of $500 per failure to perform, per day. City may, at its election, deduct any assessed liquidated damages from payment due, or that will become due, to Contractor from City.
9.4 Excusable Delays. Contractor shall not be liable for damages, including liquidated damages, if any, caused by delay in performance of 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.
9.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of the Agreement.
9.6 Governing Law. 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. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Eastern Division of the Central District of California, located in Riverside, California.
9.7 Integration. This Agreement, including the attached Exhibits “A” through “F” and other Contract Documents, 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.
9.8 Severability. If a 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 321
11 Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
9.9 Prohibited Interests. Contractor represents 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 Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
9.10 Amendments. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contractor and City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Eastvale Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for amendments or modifications to be in writing cannot be waived and that any attempted waiver shall be void.
9.11 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
9.12 Delivery of Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be given to the respective parties at the email addresses or physical addresses listed in Exhibit “D”, or at such other address as the respective parties may provide in writing for this purpose. Such notice shall be deemed made when emailed or personally delivered or forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address.
Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
9.13 Binding Effect. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
9.14 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 or 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 Services by Contractor shall not constitute a waiver of any of the provisions of this Agreement.
9.15 Attorney’s 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 and Costs and Expenses, in addition to any other relief to which it may be entitled.
322
12 9.16 Subcontracting. Contractor shall not subcontract any portion of the Services, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions of this Agreement.
9.17 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
9.18 Authority to Execute. The person or persons executing this Agreement on behalf of Contractor represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Contractor to the performance of its obligations hereunder.
9.19 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 the City Manager’s contracting authority under the Eastvale Municipal Code.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF EASTVALE CONTRACTOR:
________________________________ ______________________________ Mark Orme, City Manager By: ___________________________ Its: ___________________________
ATTEST:
______________________________
By: __________________________
________________________________ Its: __________________________ Marc Donohue, City Clerk
APPROVED AS TO FORM:
________________________________
Erica Vega, City Attorney
323
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
On ____________________, 20__, before me, ,
Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared ,
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's
Name:
¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
324
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
On ____________________, 20__, before me, ,
Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared ,
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's
Name:
¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
325
EXHIBIT “A”
SCOPE OF SERVICES
Contractor shall perform scope of work and provide specified bid items as set forth below and in accordance with IFB requirements.
A. GENERAL DESCRIPTION
The City of Eastvale (City) is soliciting competitive bids from qualified contractors to provide concrete maintenance, repair and installation services on an oncall basis. The work related to repairs includes, but is not limited to: the repair and/or replacement of sidewalks, curbs and gutters, drive approaches, cross gutters, spandrels, ADA ramps, and other related concrete work.
All work shall be performed in conformance with the latest edition of the City of Eastvale’s policies and procedures, and the Riverside County Standard Plans and Specifications. The successful contractor shall maintain a valid Class A or Class C-8 license throughout the term of the agreement and shall comply with the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD) for Temporary Traffic Control Zones when performing work within the City. All contractors and subcontractors shall carry full insurance coverage, with the City named as an additional insured, as appropriate.
The following description is intended to outline the general duties of the on-call maintenance contractor for concrete and asphalt materials within the City of Eastvale. This list is not inclusive. If the Contractor believes additional tasks are warranted, such tasks must be clearly identified in the proposal as an “Add Alternate” for the City’s review and consideration.
This contract is subject to prevailing wage rate laws and compliance with Department of Industrial Relations (DIR) regulations. All contractors submitting a bid and subcontractors listed in their bids shall be registered with the DIR and, if awarded a contract, maintain a valid registration. Additional information may be found at: https://www.dir.ca.gov/public-works/publicworks.html 326
B. SPECIFICATIONS
1. SPECIAL PROVISIONS – GENERAL:
1.1STANDARD SPECIFICATIONS
The Standard Specifications of the Agency are contained in the 2018 Edition,
including any supplements, of the Standard Specifications for Public Works Construction, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and The Southern California District of the Associated General Contractors of California. Copies of these Standard Specifications are available from the Publisher of Building News, Incorporated, 10801 National Boulevard, Los Angeles, California 90064, telephone (310) 202-7775.
The Standard Specifications set forth above will control the general provisions, construction materials, and construction methods for this contract, except as amended by the Special Provisions or other contract documents. The following Special Provisions, or other contract documents are supplementary and in addition to the provisions of the Standard Specifications, unless otherwise noted. Only those sections requiring elaborations, amendments, specifying of options or additions are called out.
2.1EMERGENCY INFOMRATION
The names, addresses and telephone numbers of the Contractor and Subcontractors, or their representatives, shall be filed with the Engineer and the City Police and Fire Departments prior to beginning work.
3.1GUARANTEE
The Prime Contractor shall be responsible for and shall repair any defects due to faulty labor or materials, which may arise or be discovered in accordance to the Standard Specifications.
4.1UTILITIES
This Section shall conform to Section 402 of the Standard Specifications and these Special Provisions.
If utility construction work within the area is required during the construction of this project, the Contractor is directed to cooperate with the utility company(s) and their workers to assure proper installation of the utilities with a minimum of conflict.
5.1WORK DAYS
This Section shall conform to Section 6-1 of the Standard Specifications and these Special Provisions. The Contractor’s activities shall be confined to the following hours during working days as defined as Monday to Friday excluding City observed holidays:
327
a) 7:00 a.m. to 4:00 p.m. for work on local, collector and secondary arterial streets;
b) 7:00 a.m. to 4:00 p.m. for work on major arterials
Deviation from these hours or weekend work shall not be permitted without the prior consent of the Project Manager or Designee, except in emergencies involving immediate hazard to persons or property.
6.1PUBLIC CONVENIENCE AND SAFETY
This section shall conform to Subsection 5-7 of the Standard Specifications and these Special Provisions. the Contractor shall install temporary traffic striping, where needed, in any unstriped lanes opened to traffic.
All street closures and signs used for handling traffic during construction shall be in accordance with the “California Temporary Traffic Control Handbook” (CATTCH), which shall be considered a part of these Special Provisions. The method in which signs, barriers, and other miscellaneous traffic devices are used during construction shall be in accordance with the publication mentioned above, except only standard size signs shall be used on arterial streets.
All signs shall be illuminated or reflectorized when they are used during hours of darkness. All cones, pylons, barricades, or posts used in the diversion of traffic during working hours shall be provided with flashers or other satisfactory illumination.
All signing, barricading and diversion of traffic shall be subject to the approval of the Engineer. The Contractor shall provide a telephone number at which the Contractor’ representatives can be reached should an emergency occur requiring replacement or relocation of the required traffic devices.
Prior to the start of construction operations, the Contractor shall notify the Police and Fire Departments of the Agency, giving the approximate starting date, completion date, and the name and telephone number of responsible persons who may be contacted at any hour in the event of a critical condition.
Unless noted otherwise in the above descriptions, ALL other work relating to striping, including but not limited to removal and installation of markers, rpm’s, stripes, pavement markings, curb markings and slurry seal shall be considered included in the unit price paid for as itemized in the bid document. This unit price shall include full compensation for furnishing labor, materials, tools, equipment, other incidentals for work as shown on 328
the plans, in the Specifications and in the Special Provisions and no additional payment will allowed therefore.
7.1WORK BY CITY FORCES BECAUSE OF NONCONFORMANCE BY
CONTRACTOR
Should the Contractor fail to correct deficiencies or public nuisances that have been created because of his/her operation, then these will be considered to be of an emergency nature, and will call for the Agency to move in on the project to take corrective action. Such work will be done on a force account basis with an additional callout charge. There is a minimum two-hour charge for labor on any callout plus an additional callout charge of $200.
8.1STORM WATER POLLUTION PREVENTION
The Contractor shall review and understand the State General Construction Activity Storm Water Permit before submitting a bid. By submitting a bid, the Contractor acknowledges satisfaction as to the requirements of the State General Construction Activity Storm Water Permit.
The Contractor is hereby notified that specific construction practices in the Standard Specifications, Section 3- 12.6.3, Responsibilities of the Contractor” are considered to be Best Management Practices. Applicable construction practices in the Standard Specifications shall be incorporated into the work performed in the Agency.
Payment for Storm Water Pollution Prevention shall be included in the various items of work involved, and shall include full compensation for conforming to Contractor’s actual construction practices, and no additional payment will be made therefore.
2. SCOPE OF WORK
1.1GENERAL DESCRIPTION
A. Perform preventive maintenance and repairs for the City in accordance with State and Federal Law, in accordance with public safety.
B. Staff the on-call concrete maintenance function as needed to achieve the desired results.
C. Maintain a safety program for all staffing compliance with all State and Federal laws.
D. Comply with all State and Federal requirements regarding alternative action and provisions for minority hiring.
329
E. Provide all necessary personnel, instruments, traffic control, equipment, and materials to perform the services described in this IFB.
F. Perform the services with the degree of skill and diligence normally employed by operations and maintenance personnel performing the same or similar services.
G. Maintain a comprehensive list of work sites in Microsoft Excel; provide the City reports and/or copies as requested.
H. Upon receiving work locations, verify the location and quantity of work from the Work Order, and advise the City of any adjacent or nearby work.
I. Submit alternative construction techniques or improvements to proposed work and/or plans as necessary, or as requested.
J. Ensure all subcontractors are licensed and bonded in the specialty for which they are contracted.
K. Ensure all contractors and subcontractors carry full insurance with the City named as an additional insured as appropriate.
L. For the purposes of preparing bids based on the estimated quantities in Attachment B, quantities shall be aggregated by "Location." A "Location" is defined as one or more designated work sites that are within a one (1) mile radius of each other or otherwise grouped to allow for a single mobilization. Multiple work areas identified in the same Work Order shall be treated as part of the same location if they meet this proximity criterion.
2.1TIME FOR COMPLETION OF WORK
A. General Response
The Contractor shall provide a written acknowledgment of receipt of the Work Order (WO), including the anticipated mobilization date, within five (5) working days of receiving the WO. The Contractor shall mobilize within ten (10) working days of the written acknowledgment and complete all assigned work within ten (10) working days, unless otherwise approved by the Project Manager or their designee. All work associated with the same WO shall be performed on the same day, unless prior approval is obtained from the Project Manager or their designee.
330
Any deviations from the above shall be preapproved by Project Manager or City Designee.
By submitting a proposal to this IFB, the Contractor acknowledges and agrees to comply with all response timelines and work deadlines established by the City. Failure to meet these deadlines or respond to project requests in a timely manner may result in termination of the contract.
Upon completion of each responsive WO, the Contractor shall notify the Public Works Department within twenty-four (24) hours of completion.
This notification shall include confirmation that the work has been completed and any relevant documentation, as required by the City.
3.1MAINTENANCE ITEMS
In general, the work consists of miscellaneous concrete repairs within the public right-of-way on an on-call basis. However, work may also include other miscellaneous Public Works related needs. The Contractor shall furnish all tools, equipment, apparatus, facilities, labor, services, and materials, and perform all work necessary to provide the required services on an on-call basis. All work shall be performed within the City of Eastvale’s public right-of-way and may include, but is not limited to, the following:
A. Sidewalk Grinding
B. Sidewalk Removal and Replacement
C. Curb and Gutter Removal and Replacement
D. Driveway Approach Removal and Replacement
E. Cross Gutters, Spandrels Removal and Replacement
F. Access Ramps (ADA) Removal and Replacement
G. Retrofitting Truncated Domes
H. Asphalt Slot Removal
I. Other Related Maintenance Tasks – Other maintenance functions that might typically be performed in the City that are not expressly included above.
4.1TRAFFIC CONTROL
Street closures, detours, signs and barricades used for handling traffic shall conform to the requirements of latest edition of the “California Temporary Traffic Control Handbook” (CATTCH) and these Special Provisions.
Traffic control plan must be submitted and approved before starting work on any public street, except for the following temporary closures:
331
A. Temporary closure of local street may be done per CATTCH handbook without submitting traffic control plan. However, this will require prior approval from Traffic Engineer.
Any existing conflicting signs in the construction zone shall be covered during construction with heavy-duty black plastic (non-transparent) sheets or bags, which are secured to the sign post below the sign, with tape. In no case shall tape be applied to either front or back of any sign Intersections shall be kept open until work takes place within the intersection. Local vehicular and pedestrian access, including access to driveways and businesses, shall be maintained at all times. Pedestrian access (minimum 4-foot width) across both streets in an intersection must be maintained at all times.
Where parking is prohibited during construction, "TEMPORARY NO PARKING" signs shall be posted at least forty-eight hours, but no more than five working days, in advance of the work. The signs shall be placed no more than 150 feet apart on each side of the driveway approaches, alleys, streets and parking areas and at shorter intervals if conditions warrant. The Contractor shall provide the signs and will be responsible for adding the dates and hours of closure to the signs.
Compensation for all traffic control shall be considered paid for under other items of work involved, and no additional compensation will be allowed therefore.
5.1VEHICLE IDENTIFICATION
Contractors shall be required to have identification that clearly identifies the company’s name on all vehicles at all times while working in an official capacity for the City. Such signage shall be of a professional manner and maintained neat in appearance, free of graffiti, easily identifiable and in sound condition.
6.1RECORDS AND COMMUNICATIONS
Contractor shall provide electronic record files of work performed in a format approved by the City of Eastvale in Microsoft Excel format and shall forward those records by email to Projects Manager or designee.
The contractor shall be required to provide staff with a cellular/Wi-Fi enabled technological device, such as a smartphone, tablet, laptop or similar device at Contractor expense, to assist with the City’s Asset Management and Work Order System. Such device will be utilized to perform basic data input and respond to work orders from the City. Operation of the software system shall include, but is not limited to, monitoring and responding to real-time work order service requests and taking before and after photos of work 332
performed. The Contractor will be solely responsible for maintaining the device in working order to complete the required data entry for the City.
The City will provide training and instruction to the Contractor on the use of the City Work Order System.
7.1INVOICE AND PAYMENT
Invoices shall be submitted for each individual Work Order. Each invoice must reference the corresponding Work Order number and include an itemized breakdown of all charges. Payment will be made on Net 30 terms 333
EXHIBIT “B”
SCHEDULE OF PERFORMANCE
Contractor shall perform services on an as needed in accordance with Exhibit “A” of this agreement.
334
EXHIBIT “C”
COMPENSATION
Total compensation to Contractor for the Services under this Agreement shall not exceed $500,000 per fiscal year (July 1 through June 30).
CT&T
Concrete
Paving,
Inc.,
Diamond
Bar, CA
Item # Description UOM QTY Unit Price
Remove and Replace Sidewalk Section 4" Thick Per Riverside County Standard 401
1 UP TO 100, MINMUM REPAIR COST PER SF SF 1 $24.00
2 101 UP TO 500, MINMUM REPAIR COST PER SF SF 1 $21.00
3 501 UP TO 1000, MINMUM REPAIR COST PER SF SF 1 $18.00 4 1001 UP TO 2000, MINMUM REPAIR COST PER SF SF 1 $16.00 5 >2000, MINMUM REPAIR COST PER SF SF 1 $15.30
SUBTOTAL $94.30
Remove and Replace Sidewalk Section 6" Thick Per Riverside County Standard 401
6 UP TO 100, MINMUM REPAIR COST PER SF SF 1 $30.00
7 101 UP TO 500, MINMUM REPAIR COST PER SF SF 1 $27.00
8 501 UP TO 1000, MINMUM REPAIR COST PER SF SF 1 $24.00 9 1001 UP TO 2000, MINMUM REPAIR COST PER SF SF 1 $22.00 10 >2000, MINMUM REPAIR COST PER SF SF 1 $20.00
SUBTOTAL $123.00
Remove and Replace Cross Gutter, Approach or Street Section up to 8" Thick Per Riverside County Standard 209
11 UP TO 100, MINMUM REPAIR COST PER SF SF 1 $55.00
12 101 UP TO 200, MINMUM REPAIR COST PER SF SF 1 $45.00 13 201 UP TO 500, MINMUM REPAIR COST PER SF SF 1 $43.00 14 501 UP TO 2000, MINMUM REPAIR COST PER SF SF 1 $39.00 15 >2000, MINMUM REPAIR COST PER SF SF 1 $38.00
SUBTOTAL $220.00
Remove and Replace 6" Curb & Gutter Per Riverside County Standard 200 16 UP TO 20, MINMUM REPAIR COST PER LF LF 1 $75.00
17 21 UP TO 50, MINMUM REPAIR COST PER LF LF 1 $75.00
335
18 51 UP TO 100, MINMUM REPAIR COST PER LF LF 1 $75.00
19 >100, MINMUM REPAIR COST PER LF LF 1 $75.00
SUBTOTAL $300.00
Remove and Replace 6" Curb Only Per Riverside County Standard 203 20 UP TO 50, MINMUM REPAIR COST PER LF LF 1 $52.00
21 51 UP TO 100, MINMUM REPAIR COST PER LF LF 1 $52.00
22 101 UP TO 250, MINMUM REPAIR COST PER LF LF 1 $52.00 23 251 UP TO 500, MINMUM REPAIR COST PER LF LF 1 $51.00 24 501 UP TO 1000, MINMUM REPAIR COST PER LF LF 1 $50.00 25 >1000, MINMUM REPAIR COST PER LF LF 1 $49.50
SUBTOTAL $306.50
Remove and Replace 8" Curb Only Per Riverside County Standard 203 26 UP TO 50, MINMUM REPAIR COST PER LF LF 1 $58.00
27 51 UP TO 100, MINMUM REPAIR COST PER LF LF 1 $58.00
28 101 UP TO 250, MINMUM REPAIR COST PER LF LF 1 $58.00 29 251 UP TO 500, MINMUM REPAIR COST PER LF LF 1 $56.00 30 501 UP TO 1000, MINMUM REPAIR COST PER LF LF 1 $54.00 31 >1000, MINMUM REPAIR COST PER LF LF 1 $52.00
SUBTOTAL $336.00
Remove and Replace 6" Curb Only Per Riverside County Standard 204 32 UP TO 50, MINMUM REPAIR COST PER LF LF 1 $52.00
33 51 UP TO 100, MINMUM REPAIR COST PER LF LF 1 $52.00
34 101 UP TO 250, MINMUM REPAIR COST PER LF LF 1 $52.00 35 251 UP TO 500, MINMUM REPAIR COST PER LF LF 1 $52.00 36 501 UP TO 1000, MINMUM REPAIR COST PER LF LF 1 $52.00 37 >1000, MINMUM REPAIR COST PER LF LF 1 $49.50
SUBTOTAL $309.50
Remove and Replace 8" Curb Only Per Riverside County Standard 204 38 UP TO 50, MINMUM REPAIR COST PER LF LF 1 $58.00
39 51 UP TO 100, MINMUM REPAIR COST PER LF LF 1 $58.00
40 101 UP TO 250, MINMUM REPAIR COST PER LF LF 1 $58.00 41 251 UP TO 500, MINMUM REPAIR COST PER LF LF 1 $58.00 42 501 UP TO 1000, MINMUM REPAIR COST PER LF LF 1 $58.00 43 >1000, MINMUM REPAIR COST PER LF LF 1 $52.00
SUBTOTAL $342.00
Remove and Replace ADA Curb Ramp Per Riverside County Standard 403 44 1 UP TO 5, MINMUM REPAIR COST PER EA EA 1 $7,190.00
45 6 UP TO 10, MINMUM REPAIR COST PER EA EA 1 $6,800.00 336
46 UP TO 15, MINMUM REPAIR COST PER EA EA 1 $6,800.00
SUBTOTAL $20,790.00
Retrofit Truncated Domes on Existing Surface & Grind existing lip to 0" curb face
47 1 UP TO 5, MINMUM REPAIR COST PER EA EA 1 $1,320.00
48 6 UP TO 10, MINMUM REPAIR COST PER EA EA 1 $1,300.00 49 UP TO 15, MINMUM REPAIR COST PER EA EA 1 $1,220.00
SUBTOTAL $3,840.00
Sidewalk Grinding
50 UP TO 100, MINMUM REPAIR COST PER LF LF 1 $34.00
51 101 UP TO 500, MINMUM REPAIR COST PER LF LF 1 $34.00 52 >500, MINMUM REPAIR COST PER LF LF 1 $34.00
SUBTOTAL $102.00
Sidewalk Patching
53 UP TO 100, MINMUM REPAIR COST PER SF SF 1 $34.00
54 101 UP TO 500, MINMUM REPAIR COST PER SF SF 1 $34.00 55 >500, MINMUM REPAIR COST PER SF SF 1 $34.00
SUBTOTAL $102.00
Doweling
56 1, MINMUM REPAIR COST PER EA EA 1 $5.00
SUBTOTAL $5.00
Slot Patch (8 inches thick & 2 feet wide)
57 UP TO 5, MINMUM REPAIR COST PER CY CY 1 $360.00
58 UP TO 20, MINMUM REPAIR COST PER CY CY 1 $340.00
SUBTOTAL $700.00
Provide and Install Base
59 1, MINMUM REPAIR COST PER TON TON 1 $120.00
60 3, MINMUM REPAIR COST PER TON TON 1 $120.00
SUBTOTAL $240.00
BASE BID TOTAL (SUM OF LINES 1-60) 27,810.30
337
EXHIBIT “D”
REPRESENTATIVES
CITY’S REPRESENTATIVE
City of Eastvale
Public Works Department
Attn: Public Works Superintendent
2363 Limonite Ave #910
Eastvale, CA 91752
Phone: (951) 361-0900
Email Address: [email protected]
CONTRACTOR’S REPRESENTATIVE
CT&T Concrete Paving, Inc.
Attn: Jose Carvajal, Project Manager
324 S. Diamond Bar Blvd.
Diamond Bar, CA 91765
Phone: (909) 821-4769
Email Address: [email protected]
338
EXHIBIT “E”
BONDS REQUIRED
No Bonds Required
339
EXHIBIT “F”
INSURANCE REQUIREMENTS FOR CITY OF EASTVALE
The City requires a certificate of insurance, including an underwriter’s endorsement, prior to commencement of the Services.
The insurance policies are to include additional endorsements that contain the following provisions:
1. That the City of Eastvale and its respective elected officials, officers, employees, agents and representatives are additional insureds under the policy;
2. The policies are primary and non-contributory to any insurance that may be carried by City;
3. The City is entitled to thirty (30) days’ prior written notice of cancellation, material reduction, or non-renewal of the policy or policies.
4. The insurance shall be carried only by responsible insurance companies that have rated “A-” and “V” or better by the A.M. Best Key Rating Guide, that are licensed to do business in the State of California. City will accept insurance provided by non-admitted “surplus lines” carriers only if the carrier is authorized to do business in the State of California.
Only the following “marked” requirements are applicable:
X Commercial General Liability (CGL): Insurance written on an occurrence basis to protect Contractor and City against liability or claims of liability which may arise out of this Agreement in the amount of one million dollars ($1,000,000) per occurrence and subject to an annual aggregate of two million dollars ($2,000,000). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. additional insured claims or contractual liability. All defense costs shall be outside the limits of the policy.
X Vehicle Liability Insurance: Contractor shall also procure and shall maintain during the term of this Agreement vehicle liability insurance in an amount not less than $1,000,000 for injuries, including accidental death, to any one person, and subject to the same minimum for each person, in an amount not less than one million dollars ($1,000,000) for each accident, and property damage insurance in an amount of not less than one million dollars ($1,000,000).
X Workers’ Compensation Insurance: For all of Contractor’s employees who will provide Services under this Agreement and to the extent required by applicable state or federal law, Contractor shall keep in full force and effect a Workers’ Compensation policy that includes a minimum of one million dollars ($1,000,000) of employers’ liability coverage. Contractor shall provide an endorsement that the insurer waives the right of subrogation against the City and 340
its respective elected officials, officers, employees, agents and representatives. In the event a claim under the provisions of the California Workers’ Compensation Act is filed against City by a bona fide employee of Contractor participating under this Agreement, Contractor is to defend and indemnify the City from such claim.
341
AGENDA STAFF REPORT
City Council/Eastvale Public Financing Authority Meeting
CONSENT CALENDAR
Agenda Item No. 11.11
August 13, 2025
Approval of Professional Services Agreements with Various Consultants for the Eastvale Civic Center Project
Prepared By:
Jimmy Chung, Public Works Director/ City Engineer
Recommended Action(s)
Staff recommends that the City Council:
1. Approve the Professional Services Agreement with Smith-Emery Laboratories in the total notto-exceed amount of $473,112.21 for the special inspection and material services;
2. Approve the Professional Services Agreement with Walker Consultants in the total not-toexceed amount of $99,000.00 for the accessibility and building envelop consulting services;
3. Approve the Professional Services Agreement with Incompli, Inc. in the total not-to-exceed amount of $33,900.00 for the QSD/QSP inspection services;
4. Approve the Third Amendment to the Professional Services Agreement with Griffin structures for providing addi5onal support for the program and construc5on management services, increasing the total contract amount by $2,278,352 and
5. Authorize the City Manager to execute all necessary documents.
Summary
At its mee5ng on June 25, 2025, the City Council awarded a construc5on contract to Clark Construc5on for the Eastvale Civic Center project. The Eastvale Civic Center project has been one of the City’s highest priority capital projects. This comprehensive development is designed to create a centralized civic campus that includes a new City Hall (Capital Improvement Project No. 95011), public library (CIP No. 95012), police sta5on (CIP No. 95014), and associated site improvements (CIP No. 95023). These Civic Center projects reflect the City’s long-term vision for improved public 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 | eastvaleca.gov
342
service delivery and community engagement.
City Hall: a three-story building that includes public counter spaces, an outdoor amphitheater, a council chamber that could be converted into a stage for performances, conference rooms, and office spaces. it is approximately 52,340 SF.
Library: a two-story building featuring book collec5on areas for all ages, group study rooms, activity spaces, offices, and an occupiable terrace. it is approximately 25,599 SF.
Police Sta5on: a two-story building with one level below grade secured parking. it is approximately 22, 021 SF.
Site Improvement: An approximately 2.8 acre Civic Park with an amphitheater and a central hardscape Civic Plaza and associated site work around the three buildings: City Hall, library, and police station.
To support successful project delivery, staff recommends entering into professional services agreements with a range of specialty consultants across mul5ple areas of experience, due to the diverse materials and systems involved in the project.
Background
Special Inspection and Material Testing Services
Smith-Emery Laboratories (Smith-Emery) will provide special inspec5on and material tes5ng services to ensure compliance with approved plans, specifica5ons, and procedures, in accordance with the California Building Code (Title 24). With over 120 years of experience serving both public agencies and private clients, Smith-Emery has built a strong reputa5on in the field of inspec5on and materials tes5ng. Notable projects where Smith-Emery has delivered similar services include the Long Beach Civic Center (City of Long Beach), Sunnyvale Civic Center and City Hall (City of Sunnyvale), and the Public Safety Center and Fire Station (City of San Rafael).
Special inspec5ons for this project will include Concrete, Shotcrete, Post-Installed Anchors, Rebar, etc. Structural Steel Special Inspec5ons will be conducted by Smith-Emery’s cer5fied personnel.
Material tes5ng will be performed in their accredited local laboratory and will include Concrete Compression Tes5ng, Shotcrete Panel Tes5ng, and Rebar Tes5ng. Should the project require Curtain Wall Quality Assurance or Mock-up Tes5ng Services, Smith-Emery is fully capable of performing these services and has included an add/alternate line item in their proposal. Their extensive experience with civic center projects, combined with compe55ve and cost-effec5ve rates, reflects their commitment to delivering high-quality service tailored to public sector needs.
Accessibility and Building Envelop Consulting Services
Walker Consultants (Walker) will be providing accessibility and building envelope consul5ng services for the project. Walker offers a comprehensive range of services, including planning, design, engineering, forensics, restora5on, and building envelope consul5ng. Established in 1965 as a structural and civil engineering firm, the company has since expanded its experience to include architects, building envelope specialists, forensic engineers, transporta5on planners, and parking consultants. Notable projects where Walker has provided similar services include the 2900 Wilshire Building in the City of Los Angeles.
For this project, Walker’s scope of work includes peer review of architectural drawings and technical specifica5ons for compliance with the California Building Code and applicable standards, assistance 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 | eastvaleca.gov
343
with reviewing submiIals and RFIs (Requests for Informa5on), providing recommenda5ons, and conducting a site visit to support code compliance and quality assurance.
QSD/QSP Inspection Services
Incompli, Inc. (Incompli) will be providing QSD/QSP Inspec5on Services for the project to support compliance with the current state construc5on general permit. Incompli will prepare reports in accordance with the new general permit and the City of Eastvale's requirements. Incompli will consult and provide guidance throughout the project to achieve and maintain the required compliance at all time.
For this project, Incompli’s scope of work includes, but not limited to, initial training session of onsite staff covering SWPPP requirements, monitoring, and repor5ng for project; standard weekly site visit by qualified personnel; required QSD Inspec5ons; and RWQCG Annual Report and No5ce of Termination.
Third Amendment to Professional Services Agreement with Griffin Structures Griffin Structures (Griffin) currently serves as the Program Manager for the Civic Center Project and acts as the Owner’s (City’s) Representa5ve. Griffin has been playing a key role in suppor5ng City staff throughout project delivery. With the City’s decision to proceed using the design-bid-build delivery method, the level of construc5on management oversight required has significantly increased. Consequently, Griffin is reques5ng to conclude the fixed fee por5on of the contract as approved in Second Amendment on April 26, 2023 and employ aTime and Materials Not to Exceed format. The scope of work includes the following:
Full-5me Program Management: Con5nue to support and guide the City in overseeing and managing the entire project team, working closely in collaboration with City staff.
Full-5me Construc5on Management: Provide daily oversight of contractor ac5vi5es and support the Program Manager in the day-to-day operations of the project.
Inspec5on Services: Provide con5nuous on-site quality assurance during construc5on. These services will supplement the City’s Public Works Department as well as the Building and Safety Inspec5on team. This role will also coordinate with the Special Inspec5ons and Materials Tes5ng Inspector. Inspec5on services will be treated as an add alternate and u5lized as needed in consultation with the City.
Environmental
The environment impacts associated with the development of the Civic Center site were assessed in the Program Environmental Impact Report (PEIR) prepared for the Leal Master Plan, and the Addendum to that PEIR prepared for the Amendment to the Leal Master Plan which was adopted by the City Council on May 11, 2022.
Strategic Plan Action - Priority Level: 1 | Target #: 5 | Goal #: 1 The proposed contract contribute to the development of Downtown Eastvale and construc5on of Civic Center are priority goals for the City. Staff an5cipates project comple5on will aIract businesses and retailers to establish their presence in the City. The goal is to create a “Des5na5on Eastvale” with high-quality and unique businesses.
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 | eastvaleca.gov
344
Fiscal Impact
The total fiscal impact for the professional services agreements for the project is $2,884,364.21.
The project is inclusive of four CIP projects, City Hall (95011), Library (95012), Police Sta5on (95014), and Civic Center Site Improvement (95023). During the Fiscal Year 2025-26 budget process, budget was iden5fied for the Civic Center Project and broken down by the specific components of the project (buildings and site features). The budget was based on the original conserva5ve cost es5mate received by the city's cost es5mator consultant and as a result the total budget is higher than necessary and relies on more bond proceeds than will be necessary. Staff is working to adjust the final budget to reflect the new cost es5mates and sources of funding. Moreover, the proposed Fiscal Year 2025-26 budget includes adequate budget for the professional services agreements and specific budget amounts for each component of the Civic Center Project are listed below.
FY 2025-26 Project Budget
Fund Account
City Hall
(95011-0000)
Library
(95012-0000)
Police Station
(95014-0000)
Civic Center
Site
Improvement
(95023-0000)
Debt Service Fund 500-500-6650 20,883,540 10,110,015 22,805,000 7,000,000 Public Facilities: City Hall
DIF
292-500-6650 15,221,915
Public Facilities: Library
DIF
296-500-6650 9,889,985
Police Facilities DIF 295-500-6650 4,195,000
Total $36,105,455 $20,000,000 $27,000,000 $7,000,000
Prior City Council/Commission Action
On July 28, 2021, Council authorized staff to start the RFP process for an Owner Representative/Program Manager and Bridging Architect.
On November 2021, the City Council approved a contract with Griffin Structures and subconsultants, LPA (architects), Urban Arena (architects), and Circle Pointe (communica5ons) in the amount of $4,580,000 for outreach, design up to Design Development, and Construc5on Administration
On May 11, 2022, the City Council approved the Downtown Eastvale Master Plan Amendment (Leal Master Plan Amendment) project and the associated Development Agreement.
On October 12, 2022 the City Council authorized the City Manager to execute a contract amendment with Gensler architectural services for $230,000, for a combined amount not-to-exceed $250,000, to perform planning and pre-design services for Downtown Eastvale.
On October 12, 2022, the City Council authorized the City Manager to execute the First Amendment to the Agreement with Griffin Structures to reduce the Scope of Services, retaining Griffin as the Owner Representa5ve/Program Manager for the Civic Center project and elimina5ng sub12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 | eastvaleca.gov
345
consultants, and reducing the total compensa5on amount to $1,845,353 and modifying the delivery method.
On November 30, 2022, the City Council held a workshop on the Civic Center Public Infrastructure Project and set the building sizes for the Civic Center Campus.
On April 26, 2023, the City Council authorized the City Manager to execute the Second Amendment to the Agreement with Griffin Structures to modify the billing structure from a 5me-and-materials basis to a fixed fee basis, with no change in the total compensation not-to-exceed amount.
On May 10, 2023, the City Council authorized the City Manager to execute the Third Amendment to the Agreement with Gensler to provide to expand the scope of work to full architectural and design services for the Civic Center project.
On April 9, 2025, the City Council adopted the list of prequalified contractors to bid on the Eastvale Civic Center project.
On June 25, 2025, the City Council awarded the construc5on contract to Clark Construc5on Group - CA, LP.
Attachment(s)
Attachment 1.1 - PSA with Smith Emery
Attachment 1.2 - Exhibit B to PSA with Smith Emery
Attachment 2 - PSA with Walker
Attachment 3 - PSA with Incompli
Attachment 4 - Third Amendment with Griffin
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 | eastvaleca.gov
346
- 1 -
4927-2535-9688 v2
AGREEMENT FOR SERVICES
SPECIAL INSPECTION AND MATERIAL TESTING SERVICES
FOR CIVIC CETNER PROJECT
This Agreement for Services (“Agreement”) is entered into as of this ____ day of _________, 2025 by and between the City of Eastvale, a municipal corporation (“City”) and Smith-Emery Laboratories, a S-Corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City is undertaking a major construction project involving the construction of a new civic center at Eastvale City Hall, 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752. This project consists of a new Civic Center for the City of Eastvale, California consisting of a 2-story Public Library, 3-story City Hall and a 2-story Police Station with 1 level of below grade secured parking. The northwest of the site will be occupied by a Public Park which includes an Amphitheater. The project is known as the “Eastvale Civic Center Project,” and is referred to herein as the “Project.” B. City requires professional assistance relating to the Project.
C. City has sought, by direct negotiation the performance of the services defined and described particularly in Section 2 of this Agreement.
D. 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 36 months commencing on the date first ascribed above. If the engagement of Contractor is not extended by mutual written consent of City and Contractor, then this Agreement shall be terminated at the end of the Term, provided that Contractor shall not be relieved of any of the obligations or covenants contained in this Agreement until the tasks provided for within the Scope of Services, and any Additional Services expressly agreed to, have been completed. It is further provided that the obligations or covenants contained in Sections 6, 7, 15-18, 20, 24-34 shall continue in full force and effect after termination of this Agreement due to completion, end of Term, or termination by the parties.
347
- 2 -
4927-2535-9688 v2
SECTION 2. SCOPE OF SERVICES.
Contractor agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
During the period of this Agreement, upon request by City, Contractor, shall provide information related to Services that is reasonably necessary to assist City in its coordination of the efforts of others performing services related to the Services or Project.
Contractor shall, at no cost to City, prepare any necessary rework occasioned by Contractor’s failure to provide the services specified in Exhibit A in a satisfactory manner, due to any act or omission attributable to Contractor, or its agents, including subcontractors.
SECTION 3. ADDITIONAL SERVICES.
Contractor shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Four Hundred Seventy Three Thousand One Hundred Twelve Dollars and Twenty One Cents ($473,112.21), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement.
(b) Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. In the event that a payment dispute arises between the parties, Contractor 348
- 3 -
4927-2535-9688 v2
shall provide to City full and complete access to Contractor’s labor cost records and other direct cost data, and copies thereof if requested by City. (c) City may withhold payment of a portion of an invoice because of defective work not remedied or because of unsatisfactory work performed by Contractor. When the foregoing grounds are removed by Contractor, payment shall be made for amounts withheld because of them.
(d) 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. (e) Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor. (f) In no event shall Contractor be entitled to compensation over and above the original fee identified in Section 4(a) where changes in the scope of services or the time for performance are necessitated by the acts of or failures to act of Contractor, or any subcontractor agent, or other person performing under it.
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, software, systems, networks, data, reports, estimates, opinions, recommendations, specifications, reports, estimates, summaries, files and other documents (collectively “Files”) 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 Files.
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, 349
- 4 -
4927-2535-9688 v2
photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
All final work product developed by Contractor in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such final work product if paid for by the City. This provision specifically excludes Contractors’ work notes and drafts, which are owned by Contractor, not City.
SECTION 7. CONTRACTOR'S BOOKS AND RECORDS.
(a) Contractor shall maintain any and all documents and records demonstrating or relating to Contractor’s performance of the Services. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to the Services, including expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. In accordance with California Government Code Section 8546.7, if the total compensation in Section 4 exceeds ten thousand dollars ($10,000.00), this Agreement and the Contractor's books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed 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.
350
- 5 -
4927-2535-9688 v2
(a) Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise.
(b) The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Contractor or any of Contractor’s personnel.
Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s personnel are in any manner officials, officers, or employees of City. (c) Neither Contractor, nor any of Contractor’s personnel shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor, its officers, employees, agents or subcontractors, may have to any such rights. Contractor’s indemnity obligations in Section 16 “Indemnification” of this Agreement include the obligation to indemnify the City from and against any liability that may arise related to claims that Contractor, its officers, employees, agents or subcontractors, are entitled to retirement, health care or any other benefits that accrue to City employees. This provision shall survive the expiration or earlier termination of this Agreement.
SECTION 9. STANDARD OF PERFORMANCE.
Contractor represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Contractor under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Services” 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.
City’s review of software, systems, networks, drawings, designs, specifications, reports, opinions, recommendations and incidental consulting work or materials furnished under this Agreement will not in any way relieve Contractor of responsibility for the professional and/or technical adequacy of its work. Neither City’s review, acceptance of, nor payment for, any of the services will be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.
351
- 6 -
4927-2535-9688 v2
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Contractor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement at Contractor’s sole cost unless otherwise specified 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 & LABOR LAWS
Contractor shall keep itself fully informed of, and at all times shall observe and comply with, all applicable provisions of federal, state, and local laws, ordinances, and regulations which in any manner affect those engaged or employed on any work, or the materials and equipment that may be used in any work, or in any way affect the performance of any work, and of all orders and decrees of agencies having any jurisdiction or authority over work performed under this Agreement including, but not limited to, those related to equal opportunity employment and the following:
(a) Prevailing Wage: To the extent that the work and services, or any portions thereof, to be provided by Contractor or its sub-contractors under this Agreement is subject to California prevailing wage laws, Contractor shall pay prevailing wages to its Employees on any agreement in excess of one-thousand dollars ($1,000.00). Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Agreement, as determined by the Director of the State of California Department of Industrial Relations, are on file at the District’s Offices, and may be obtained from the California Department of Industrial Relations website, [http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm]. Contractor shall comply with the eight (8) hours per day, forty (40) hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code. Contractor and all subcontractors shall keep and maintain accurate employee payroll records for work and services performed under the Agreement. The payroll records shall be certified and submitted as required by law, including Labor Code Sections 1771.4 (if applicable) and 1776, including to the Labor Commissioner, no less frequently than monthly. Contractor shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement. If the Agreement exceeds two-thousand dollars ($2,000) and is funded with federal funds, then Contractor shall pay federal Davis Bacon wages and comply with applicable federal requirements.
(b) Contractor shall comply with Section 12101 through 12901 of Title 22, California Administrative Code. Contractor shall warn all persons at the work site of their exposure to chemicals known to the state to cause cancer or birth defects or other reproductive harm. Contractor shall be responsible for compliance by its subcontractors with this article.
352
- 7 -
4927-2535-9688 v2
(c) Contractor stipulates and agrees that pursuant to the provisions of Labor Code, Sections 1810 through 1815, eight (8) hours labor shall constitute a legal day's work, and no worker shall be required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) calendar week, except as provided under Section 1815. Nothing in this provision shall be construed to relate to wage determination or in any way affect contractual provisions related to compensation. (d) Notwithstanding the Labor Code provisions set forth above, pursuant to Labor Code, Section 1815, work performed by employees of Contractor in excess of eight (8) hours per day and forty (40) hours during any one (1) week shall be permitted provided that compensation shall be made for all hours worked in excess of eight (8) hours per day at no less than one and one-half (1-1/2) times the basic rate of pay. (e) Contractor shall be allowed to substitute securities for any monies withheld to ensure performance under this Agreement pursuant to Section 22300 of the California Public Contracts Code.
(f) To the extent required, Contractor shall be licensed under the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California, and all other applicable federal, state, and local requirements to do the type of work contemplated in this Agreement and shall be skilled and regularly engaged in the general class or type of work called for under the Agreement.
If any discrepancy or inconsistency should be discovered between the Agreement and any law, ordinance, regulation, order, or decree, Contractor shall immediately report the same in writing to Central San. Contractor shall require and be responsible for the compliance by subcontractors of all tiers with the above provisions of this article.
Failure of Contractor to comply with this Section 11, or any federal, state, and local laws, ordinances, and regulations which in any manner affect those engaged or employed on any work, or the materials and equipment that may be used in any work, or in any way affect the performance of any work, and of all orders and decrees of agencies having any jurisdiction or authority over work performed under this Agreement, shall constitute a material breach of this Agreement.
(g) Contractor shall perform the work in full compliance with applicable local, state, and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete responsibility during the course of completion of the Services for job site safety of Contractor’s employees and subcontractor’s employees and their property, applicable at all times, and not limited to normal working hours. Nothing in this Section requires Contractor to be responsible for job site safety of City’s property or City’s personnel or the property or personnel of any third parties over which Contractor has no authority or control.
SECTION 12. NONDISCRIMINATION.
353
- 8 -
4927-2535-9688 v2
Contractor shall not discriminate, in any way, against any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status in connection with or related to the performance of this Agreement.
SECTION 13. UNAUTHORIZED ALIENS.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
SECTION 14. CONFLICTS OF INTEREST.
(a) Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of the Services. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Contractor is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Contractor is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Contractor will perform nonrelated 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 dealings of the parties under this Agreement, as well as information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential by Contractor, 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. 354
- 9 -
4927-2535-9688 v2
(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 prompt notice of such court order or subpoena.
(c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Contractor’s conduct.
Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Contractor shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
SECTION 16. INDEMNIFICATION; LIMITATION OF LIABILITY.
(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) that 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, 355
- 10 -
4927-2535-9688 v2
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) Indemnification from Design Professionals. Contractors meeting the definition of a design professional, per California Civil Code § 2782.8(c), shall indemnify, protect, defend and hold harmless City, and any and all of its officials, employees and agents, from and against any and all claims, demands, costs, or liability that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor. (e) Intellectual Property Indemnification. City does not authorize the impermissible use of any patent or the reproduction of any copyrighted material by Contractor which exceeds “fair use” in the performance of this Agreement. Contractor is solely responsible for any such infringement. Contractor shall indemnify, protect, defend and hold harmless City from any and all losses, damage, costs, expenses, and attorneys’ fees suffered or incurred as a result of or in connection with any claims or actions based upon infringement or alleged infringement of any patent, copyright, or trade secret, and arising out of the use of the equipment or materials utilized to perform under this Agreement or specified by or procured by Contractor, or out of the processes or actions employed by, or on behalf of, Contractor in connection with the performance of this Agreement.
(f) City’s Negligence. The provisions of paragraphs (a) to (e) of this Section 16 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. (g) Insurance. Submission of insurance certificates or submission of other proof of compliance with the insurance requirements does not relieve Contractor from liability under this Section. The obligations of this Section shall apply whether or not such 356
- 11 -
4927-2535-9688 v2
insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
(h) Limitation of City Liability.
Except as otherwise provided in this Agreement, City's obligations under this Agreement shall be limited to the payment of the compensation provided for in Section 4 of this Agreement,
Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract, tort or otherwise, for any special, consequential, indirect or incidental damages, lost profits or revenue, arising out of or in connection with this Agreement, or the Services described in Exhibit A.
City shall not be responsible for any damage to persons or property as a result of the use, misuse or failure of any equipment used by Contractor, or by any of its employees, even though such equipment be furnished, rented or loaned to Contractor by City. The acceptance or use of such equipment by Contractor or any of its employees shall be construed to mean that Contractor accepts full responsibility for and shall exonerate, indemnify, defend and save harmless City from and against any and all claims for any damage or injury of any type, including attorneys' fees, arising from the use, misuse or failure of such equipment, whether such damage be to Contractor, its employees, City employees or third parties, or to property belonging to any of the above.
Nothing in this Agreement shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which City or Contractor may have under this Agreement or any applicable law. All rights and remedies of City or Contractor, whether under this Agreement or other applicable law, shall be cumulative.
SECTION 17. INSURANCE.
Contractor agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Contractor agrees to provide City with copies of required policies upon request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Contractor are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Contractor under this Agreement. In recognition of that interest, Contractor shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Contractor’s duties or obligations under this Agreement without the prior written consent of the City.
Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, 357
- 12 -
4927-2535-9688 v2
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. SUBCONTRACTORS; DESIGNATION AND CONTINUITY OF PERSONNEL.
(a) No subcontract shall be awarded or an outside consultant engaged by Contractor unless prior written approval is obtained from City. No additional approval shall be required for subcontracting with or engagement of any outside consultant set forth in an exhibit to this Agreement (Exhibit A), subject to subd. (b) below. (b) If any subcontract is awarded or an outside consultant is engaged by Contractor to perform work and/or provide services that are subject to California prevailing wage laws, where such prevailing wage work was not initially anticipated, Contractor shall notify City in writing of the subcontract and/or outside consultant, the scope of work said subcontractor or outside consultant will perform, and any other information City deems reasonably necessary to complete and file the required Form PWC-100 or any other documents.
(c) Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance. Contractor designates to have immediate responsibility for the performance of the Services and for all matters relating to performance under this Agreement. Contractor designates the following persons for the indicated functions:
Substitution of any of these assigned personnel shall require the prior written approval of City. If City determines that a proposed substitution is not acceptable, then, at the request of City, Contractor shall substitute with a person acceptable to City.
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.
358
- 13 -
4927-2535-9688 v2
(c) If either Contractor or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Contractor, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Contractor or City, all property belonging exclusively to City which is in Contractor’s possession shall be returned to City.
Contractor shall furnish to City a final invoice for work performed and expenses incurred by Contractor, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.
SECTION 21. DEFAULT.
In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default, or if the City elects, it may immediately terminate the Agreement pursuant to Section 20(c). The opportunity to cure timeframe, should the City elect to provide one, is presumptively thirty (30) days, but may be reduced or extended 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.
(a) Cooperation by City. City, without cost to Contractor, will provide all pertinent information reasonably available to it which is necessary for performance by Contractor under this Agreement, including pertinent plans, reports and data. City does not guarantee or ensure the accuracy of any reports, information, and/or data so provided.
To the extent that any reports, information, and/or other data so provided was supplied to City by person or persons not employees of City, any liability resulting from inaccuracies and/or omissions contained in said reports, information or data shall be limited to liability on behalf of the party who prepared the information for City or otherwise supplied that 359
- 14 -
4927-2535-9688 v2
information, report or data to City.
(b) Cooperation by Contractor. There may be other contractors, consultants, agents or forces of City working in the same area where work under the Agreement will be performed. Contractor must anticipate that is work may be interfered with or suspended from time to time on account of the concurrent performance of work by other contractors, consultants, agents or forces of City, and Contractor shall fully cooperate with such other parties to avoid any delay or hindrance of their work. City may require that certain facilities be used concurrently by Contractor and other persons.
Should Contractor sustain any loss, damage, or delay through any act or omission of any other contractor or any sub-consultant of any such other contractor, Contractor shall have no claim against City therefore, other than an extension of time, but shall have recourse solely to such other contractor or sub-consultant.
SECTION 24. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Eastvale
Attn: Community Development Director
12363 Limonite Ave., Suite 910
Eastvale, CA 91752
To Contractor: Smith-Emery Laboratories
Gregory Partridge, Vice President
1195 Tustin Avenue
Anaheim, CA 92807
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. 360
- 15 -
4927-2535-9688 v2
SECTION 26. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Eastvale Municipal Code.
SECTION 27. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 28. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if it does not exceed the amount that may be approved administratively pursuant to the Eastvale Municipal Code. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. The City’s City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City’s rights under this Agreement. All other amendments shall be approved by the City Council.
SECTION 29. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work by Contractor shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 30. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding 361
- 16 -
4927-2535-9688 v2
shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 32. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Contractor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 33. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 34. NO THIRD-PARTY BENEFICIARIES.
There are no intended third-party beneficiaries to this Agreement. Nothing in the Agreement or the attachments and/or exhibits incorporated herein shall operate to confer rights or benefits on persons or entities not party to the Agreement.
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.
[SIGNATURES ON FOLLOWING PAGE]
362
363
4927-2535-9688 v2 A-1
EXHIBIT "A"
SCOPE OF SERVICES
Civic Center, Police Station, Library - Special Inspection and Material Testing Smith-Emery Laboratories, Inc. will be providing Special Inspection and Material Testing services in accordance with the California Building Code / Title 24 requirements. These Special Inspections will include Concrete, Shotcrete, Post-Installed Anchor and Rebar Inspection. In addition, Structural Steel Special Inspection will be performed by SmithEmery's certified staff. The material testing will be performed in their local accredited laboratory and will include Concrete Compression Testing, Shotcrete Panel Testing, Rebar Testing. In the event the project needs require Curtain Wall Quality Assurance / Mock-up Testing Services, Smith-Emery has the ability to perform these services and has included an ADD/ALT line item in their proposal. Smith-Emery's has extensive experience on Civic Center Projects and has also demonstrated their commitment to the project through competitive and economical rates.
364
4927-2535-9688 v2
C-1
EXHIBIT "B"
COMPENSATION
365
4927-2535-9688 v2
C-1
EXHIBIT "C"
INSURANCE
A. Insurance Requirements. Contractor shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Contractor, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M.
Best's rating of no less than A:VII.
Contractor shall provide the following scope and limits of insurance:
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Commercial General Liability. Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). (2) Automobile. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. (3) Workers’ Compensation. Workers' Compensation insurance as required by the Labor Code of State of California covering all persons providing Services on behalf of the Contractor and all risks to such persons under this Agreement. (4) Professional Liability. Professional liability insurance appropriate to the Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of Contractor’s services or the termination of this Agreement. During this additional three (3) year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage.
2. Minimum Limits of Insurance. Contractor shall maintain limits of insurance no less than:
(1) Commercial General Liability. $2,000,000 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 366
4927-2535-9688 v2
C-2
not less than $2,000,000 shall be considered equivalent to the said required minimum limits set forth above.
(3) Workers' Compensation. Workers' Compensation as required by the Labor Code of the State of California with statutory limits and Employer’s Liability Insurance with limit of not less than $1,000,000 per occurrence for bodily injury or disease. (4) Professional Liability. $2,000,000 per occurrence or claim, $2,000,000 aggregate.
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.
367
4927-2535-9688 v2
C-3
3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Contractor.
C. Other Requirements. Contractor agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City may require that Contractor furnish City with copies of original endorsements effecting coverage required by this Exhibit “C”. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Contractor shall furnish certificates and endorsements from each subcontractor identical to those Contractor provides.
2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit Contractor’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
368
Eastvale Civic Center
Eastvale, CA
Plans Dated: 11/01/2024
Schedule: No Schedule Provided
PROJECT COST ESTIMATE
Civic Center, Police Station and Library 424 $ 100.77 $ 42,726.48 Concrete / Shotcrete / Post‐Installed Anchors / Rebar #2401 620 $ 108.50 $ 67,270.00
Masonry Inspection #2402 350 $ 108.50 $ 37,975.00 Walls: Masonry Block Walls at Parking Garage
Concrete (ACI) Sampling Technician 240 $ 101.25 $ 24,300.00 Decks: Elevated Rebar & Concrete Decks (Level 1 ‐ Roof WEST) (Level 1 ‐ Roof EAST) Helipad: Rebar & Concrete Helipad Slab
Structural Steel / Misc. Metals / Metal Stairs ‐ Field #2403 665 $ 108.50 $ 72,152.50 Includes NDT
Structural Steel Fabrication Visual and Non‐Destructive Testing (NDT) 480 $ 88.25 $ 42,360.00 Visual inspection of structural steel fabrication for Police Station only; NDT for all required shop welds; assumes 4 months, single shift in local shop.
INSPECTION SUBTOTAL 2355 $ 244,057.50
MATERIAL TESTING UNITS
Concrete Cylinder Compression Tests 760 $ 27.50 $ 20,900.00 Shotcrete Nozzleman ‐ Core Extraction and Testing, each (3 nozzlemen) 9 $ 195.00 $ 1,755.00 Rebar Tensile Test 12 $ 50.00 $ 600.00 Rebar Bend Test 12 $ 50.00 $ 600.00 Mortar / Grout Compression 46 $ 50.00 $ 2,300.00 Transportation and Processing of Materials Testing Samples 839 $ 9.50 $ 7,970.50 MATERIAL TESTING SUBTOTAL $ 34,125.50
ADD/ALT ‐ Additional May be Requested of City and Performed with City Authorization
Laboratory Equipment / Off Hours Services / Early Breaks 10 $ 2,500.00 $ 25,000.00 Curtain Wall Testing / Performance Mock Up (Laboratory) 1 $ 50,000.00 $ 50,000.00 Steel Shop Source Inspection: Shop Fabrication, Bolting & Welding & Ultrasonic Testing 400 $ 105.00 $ 42,000.00
Administrative and Engineering
Final Report Affadavit / Close out 2 $ 350.00 $ 700.00 Weld Procedure Specification (WPS) Reviews ‐ Shop and Field Weld 50 $ 145.00 $ 7,250.00 Project Engineering & Management 48 $ 145.00 $ 6,960.00 Administration, Project Documentation, Mix Design Performance Data 7% $ 20,009.01 Subtotal $ 34,919.01
Estimate Total $ 430,102.01
Estimate Date: 12/18/2024
Revised: 5/22/2025 (Updated ADD/ALT)
This proposal is based on the Structural Design Drawings drawings dated 11/01/2024 (ECC ‐ 2024‐1101) and No Formal Construction Schedule was available.
General construction schedule was indicated to be 24‐months. Materials Testing estimates are based on code minimum requirements per local jurisdiction of your project. The project proposal assumes that the workday is an eight‐hour day, normal conditions will prevail and our work will progress free of any disruptions or unforeseen obstacles. The contractor's construction schedule and manpower allotted will be the overall determining factor for inspection cost and hours for this project. Please note that overtime, schedule changes or increases in inspection requirements are not included, these and other factors beyond our control may affect the projected total. Minimum 4 & 8 hours apply. Rates are good through June 30th of each year and effective July 1st of each year rates are adjusted resulting from union conract negotiations plus corresponding changes inour general adminstrative and overhead expense. We do not bill for any items not performed and all invoices come with corresponding backup. Please see attached Schedule of Fees for additional terms and conditions. 369
Southern California Area
July 1, 2024 - June 30, 2025
Smith-Emery Laboratories
Schedule Of Fees
www.smithemery.com [email protected]
370
Table of Contents
i
Professional Staff ii
Professional Affiliations, Approvals & Accreditations iii Charges for Services and Contract Terms v
Committees, Jurisdictional/OSHA Approvals, Offices iv
General Conditions viii
General Field Services 3
Aggregate 6
Calibration Verification Services 9
Ceramic Tile & Stone 10
Asphalt Concrete 8
Construction Materials 14
Curtain Wall 16
Masonry 18
Metallurgical 19
Plastics and Plumbing 22
Administrative Fees 34
Concrete 12
Reinforcement 24
Soils 26
Structural 28
Geotechnical and Environmental Services 30
Chemical Services 32
Organic Analysis 32
Inorganic Analysis 33
Quality Assurance (3rd Party Audit) 23
Laboratory Services 5
Inspection Services 1
371
P.E., Civil, B.S.C.E.
Javeriana U, Bogotá Colombia
Janeth Quintero
Simon Bittar
P.E., Civil, B.S.C.E
Cal State Los Angeles
Dinesh Shrestha
P.E, G.E, QSD
Cal State University Fullerton
William Partridge
B.S.M.E.
University Of San Diego
Joeseph Kingston
B.S.C.E., CWI
University Of Pittsburgh
Andrew Lessard
B.S.M.E.
University Of Notre Dame
Wilfredo Bote
B.S.C.E.
Central Luzon Polytech - Philippines
Brian Castaneda
Cal State Los Angeles
B.S.C.E., EIT
Idebrando Resurreccion
B.S.C.E.
Far Eastern U, Philippines
Azmat Imam
Chemical Engineering, M.Sc.
Ohio University
Carl Eklund
P.E., Civil, B.S.C.E.
Cal State University Long Beach
Lynn Klimasofski
B.Sc.
Cal State Los Angeles
Subhasmita Jena
PHD Geology
Utkal University Odisha, India
Rick O Parlier
Chemical Engineering
University Of California, Santa Barbara
Rafael Cruz
B.S.E.E.
University Of Santo Tomas-Philippines
Patrick Morrison
P.G. CEG, B.A. Geology
Cal State University Humboldt
ii
James E. Partridge
P.E.-Civil. B.S.C.E., M.S.G.E. President
Principal
Staff
University Of California, Berkeley
R. Theodore Peet
P.E-Civil, B.S.C.E., ASNT Level III
University Of Pittsburgh
Kurt Brown
P.E Civil - FL, NV
University Of South Florida
Rodney Patterson
ASNT Level III
College Of Oceaneering
Jacob Bailey
P.E. Civil, B.S.C.E.
Cal State University Fullerton
Ayesha Syeda
B.S.C.E., H.S.C.E
Cal State Long Beach
Robert Aghazarian
Chemical Engineering
University Of Adamson, Phillippines
Afnan Asghar
B.E.I.M
NED University Of Engineering &
Technology, Pakistan
Nicolas Dela Cruz Jr.
B.S.C.E.
University Of The East - Phillippines
372
Approvals and Accreditations (Partial List)
Professional Affiliations
American Society of Civil Engineers American Society for Testing Materials American Society of Safety Engineers American Concrete Institute American Welding Society American National Standards Institute American Society for
Non Destructive Testing
American Society for Quality American Water Works Association American Chemical Society
California Geotechnical Engineers
Association
Construction Specifications Institute
National Society of
Professional Engineers
Geological Society of America
Registrar Accreditation Board
International Association of Plumbing
& Mechanical Officials Society of Fire Protection Engineers International Code Council
Society of Petroleum Engineers Structural Engineers Association of Southern California
American Association Of State
Highways and Transportation Officials
ANSI ASME NQA-1 Compliant
California Water Boards ELAP
Accreditation
City Of Los Angeles
Division of the State Architect
International
Accreditation Service
Nuclear Regulatory
Commission
State of Florida and
Dade County Approved
Agency and Laboratory
City Of San Diego
Testing Laboratory
Special Inspection Agency
AASHTO Re:Source
(Formerly AMRL)
California Department of Transportation
County Sanitation Districts of
Los Angeles County
Clark County Approved Agency And
Labratory
Fabricator Audit Program per/IBC
section 17
International Code
Conference-Evaluation Service
US Army Corps Of Engineers
Department Of Health Care Access &
Information (HCAI)
American Concrete Institute
American Architectural
Manufacturers Association
California Department of Health,
Sanitation, and Radiation Dept.
City Of San Francisco
Concrete and Cement Reference
Laboratory
ISO/IES Standard 17025 and
17020
IAPMO Inspection Agency and
Laboratory Recognition
RABQSA/Exemplar
Registration and
Certification (Int)
US Department of State,
Overseas Buildings Operations
Affiliations, Approvals & Accreditations
iii 373
iv
Jurisdictional Approvals - Third Party Quality Assurance Agency and Testing Laboratory City and County of Riverside, CA
City of Corvallis, OR
Clark County, NV
National City, CA
City of Portland, OR
City of Oakland, CA City of Ocean Shores, WA
City and County of Salem, OR
Grays Harbor County, WA
City of Emeryville, CA
City of San Jose, CA
San Diego County, CA
State Of Florida and Dade County, FL
City Of Palmdale, CA
City and County of Spokane, WA
Los Angeles County, CA
City of Honolulu, HI
City of San Mateo, CA
State of Oregon
Washington Association of Building Officials - Seattle, WA Office Locations
P - (213) 749-3411
P - (213) 741-8626
Anaheim, CA
P - (714) 238-6133
Fresno, CA
P - (559) 352-3097
Shanghai, China
P - (86)-138-019-4
Salem, OR
P - (509) 285-4337
San Francisco, CA
P - (415)-642-7326
Branch Offices
NFPA Committees on Fire Science Technology
www.smithemery.com
[email protected]
Education Section
Architect, Engineers and Building Official Section
Building Safety Section, Commercial/Residential
Florida State Structural Provisions Committee
California Title 24 Sub-Committee
National Fire Marshals Associate
Oregon/NFPA Fire Chief Association
International Association of Arson Investigators
LABC Life and Safety Committee
LABC Structural Committee
791 East Washington Boulevard
Los Angeles, CA. 90021
Federal OHSA
California OSHA Oregon OHSA Washington OSHA
OSHA Approvals for Testing
Committees, Approvals & Offices
Main Office
374
1 Inspection Services - Non-Prevailing Rates
CODE COST CODE COST
Preliminary Investigations By Quote
Foundation Recommendations By Quote
On-Site Testing (Compaction) $168.50
Drilled-In-Anchors
Reinforcing Steel Placement
Reinforcing Steel Material ID
Concrete Placement
Precast Plant Inspection
Gunite/Shotcrete
Prestressed/Post-Tension
Fiberwrap
Retaining Walls
2402 Masonry Inspection $135.50
Stair Shaft
Veneer
Grouting
Repointing
Visual
2405 Steel Shop - Visual Inspection By Quote
Material I.D
Welder Qualification
WPS Review
Structural Walls
Shear Nailing Inspection
Hold-Down Hardware, Include Dowels
Fireproofing Technician / Sampling
Thickness Evaluation / Adhesion
Fire Stop System Installation Inspection
Material I.D.
Laydown
Material Sampling
Drywall Fastening
Electrical
H.V.A.C.
Plumbing
Fire Sprinkler
Waterproofing
Ceramic Tile
Curtain Wall
Miscellaneous Finishing By Quote
Radiography
Radiographic Technician
Level II with Helper & Field Film
Processing Equipment By Quote
per hour
2406 Steel NDT - Shop By Quote
Ultrasonic
Magnetic Particle
Dye Penetrant
2403 Steel Field-Visual Inspection $135.50
Field Welding & Bolting
Material ID
Welder Qualification Review
Weld Procedure Qualification
2404 Steel NDT - Field $141.50
Ultrasonic
Magnetic Particle
Dye Penetrant
3511 Waterproofing Inspection $141.50
Material I.D, Laydown, Sampling
Warranty Inspection
Geotechnical Consulting/Testing
1 2016 Grading Inspection
7212 Field Technician w/ Nuclear Gauge $174.50
2401 Reinforced Concrete Inspection $135.50
3310 Batch Plant Inspection
1815 Shear Diaphragms $135.50
2407 Fireproofing/Firestop Inspection $135.50
3410 Roofing Inspection $135.50
1815 Finishing Inspection $135.50
375
1a Inspection Services - Prevailing Wage Rates
CODE COST CODE COST
Preliminary Investigations By Quote
Foundation Recommendations By Quote
Environmental Assessment Studies By Quote
On-Site Testing (Compaction) $168.50
Drilled-In-Anchors
Reinforcing Steel Placement
Reinforcing Steel Material ID
Concrete Placement
Precast Plant Inspection
Gunite/Shotcrete
Prestressed/Post-Tension
Fiberwrap
Retaining Walls
Structural Walls
Veneer
Repointing
Stair Shaft
Grouting
Visual
Welder Qualification
WPS Review
Material I.D
Ultrasonic
Magnetic Particle
Dye Penetrant
Field Welding & Bolting
Material ID
Welder Qualification Review
Weld Procedure Qualification
2310 Ultrasonic
2311 Magnetic Particle
2312 Dye Penetrant
Material I.D, Laydown, Sampling
Warranty Inspection
Shear Nailing Inspection
Hold-Down Hardware, Include Dowels
Fireproofing Technician / Sampling
Thickness Evaluation / Adhesion
Fire Stop System Installation Inspection
Material I.D.
Laydown
Material Sampling
Drywall Fastening
Electrical
H.V.A.C.
Plumbing
Fire Sprinkler
Waterproofing
Ceramic Tile
Curtain Wall
Miscellaneous Finishing By Quote
Radiography
Radiographic Technician
Level II with Helper & Field Film
Processing Equipment By Quote
per hour
Geotechnical Consulting/Testing
2 2016 Grading Inspection
7212 Field Technician w/ Nuclear Gauge $174.50
2401 Reinforced Concrete Inspection $174.50
3310 Batch Plant Inspection
2402 Masonry Inspection $174.50
2405 Steel Shop - Visual Inspection By Quote
2406 Steel NDT - Shop By Quote
2403 Steel Field-Visual Inspection $174.50
2404 Steel NDT - Field $179.50
3511 Waterproofing Inspection $179.50
1815 Shear Diaphragms $174.50
2407 Fireproofing/Firestop Inspection $174.50
3410 Roofing Inspection $174.50
1815 Finishing Inspection $174.50
376
General Field Services
CODE COST
Film Adhesion
ASTM D4541-Regular Time, per hour
4474 $126
CODE COST
ASTM D6132 - Regular Time, per hour
4475 Dry Film Thickness $126
Regular Time, per hour
3210 Adhesion/Cohesion Testing of Spray By Quote
Applied Fireproofing
$126
Regular Time, per hour
3211 Firestopping Technician
$109
20 Pieces Max + Foam
3213 Adhesion Cohesion
$126
Regular Time, per hour
3310 Batch Plant Technician
$126
Regular Time, per hour
3410 Roofing Technician
$126
Regular Time, per hour
3510 Membrane Technician
3511 By Quote
Regular Time, per hour
Roofing/Waterproofing Technician
$126
Regular Time, per hour
3512 Pull Testing of Post Installed Anchors,
Technician
3610 $126
Regular Time, per hour, 4-hour minimum
Mixed Concrete, Technician
3061 Non-Destructive Testing By Quote
3066 Retroreflectivity Testing For New
Pavement Markings ASTM E1710,
ASTM D7585
5101 Mileage $1.00
4420 Special Testing By Quote
3088 Structural Investigations of Existing By Quote
Buildings
3096 Corrosion Survey By Quote
$206
Per hour
3097 Ground Penetrating Radar
$114
$2,076
Per hour
3099 Equipment Delivery and Stand by time
3061 Non-Destructive Testing, Phased Array
UT
By Quote
4415 Skidmore
per day
$114
4413
per day
Torque Wrench $86
per day
4414 Multiplier $35
Field Equipment Charges Activity Cost
2 per day
Pull Test Equipment (ram, pump, gage) $171
4464
per day
Half day
Dynamometer
4465
$86
per day
9704 Schmidt Hammer $86
half day
4814 Flatness Equipment Charge $686
per day
4826 Flatness Equipment Charge $1,372
4416 Misc. Equipment Charge By Quote
per day
4430 Vibration and Sound Monitoring By Quote
per day
4419 Photostress By Quote
per day
Concrete Air Meter, Pressure of
Volumetric
4431 $86
per day
Concrete Unit Weight Kit, scale,
bucket, plate, mallet, and rod
4436 $86
each - per day
4437 2-inch cube brass embecco molds $86
per day
Film Adhesion Equipment, Dollies and $114
Epoxy
9217
4467 Strain Gages By Quote
Phased Array Ultrasonic Testing
Equipment
2500 $131
$57
per day
4397 Fall Prevention Equipment
4398 Mobile Concrete Laboratory $572
per day
2400 Ultrasonic Testing Equipment $57
- all equipment is required to be operated by one of our tained technicians/inspectors. Additional charges are applied for our SE technical inspector’s time.
* Note
each
2504 UT Railwalking Stick $6,930
1 Person Crew -Per Day
2502 Hi-Rail UT Vehicle Mobilization By Quote
2503 Ultrasonic by Electromagnetic Induction $171
per hour
2501 Hi-Rail UT Vehicle $13,125
includes two technicians - per day
3 per day
4409 Dry Film Thickness Gage $75
per day
9117 Field Hardness Equipment $75
per hour (4-hr min)
3097 Ground Penetrating Radar (GPR) $206
377
CODE COST CODE COST
2 General Field Services (continued)
Alternate Individual Core Prices
Technician and Equipment Asphaltic
Concrete Cores
(4 and 8 hour minimum)
3710 $171
Asphaltic Concrete Cores 2”, 3” and 4”
Diameter
(First 6” in depth) each
7022 $68
(First 6” in depth) each
Asphaltic Concrete Cores 6” and 8”
Diameter
7029 $68
Asphaltic Concrete Cores
per inch after 6” in depth) each
7030 $28
Patching of Core Drilled Holes Using
Cold Patch Material
each
7031 $4.00
Miscellaneous Ashphaltic Coring Prices
Thickness Determination
per ASTM C42 - each
7032 $28
Specific Gravity for Determination of
Percent Compaction
per ASTM D 2726 - each
7033 $40
Specific Gravity for Determination of
Percent Compaction
by paraffin - each
7034 $63
(all prices are for a four core minimum job):
Asphalt Concrete Coring Services
4 Travel Time, per hour (travel time by
quote for prevailing wage projects)
7325 $103
7313 Mileage, per mile $1.00
3710 Technician and Equipment Concrete $171
(4 and 8 hour minimum ) - per hour
3910 $211
(4 hr. minimum) - per hour
Coring for Overhead / Ceiling coring
Concrete Coring Services
Compression Strength Determination
( Including sample preparation and
capping)
7347 $114
Thickness Determination
per ASTM C42
7346 $35
Miscellaneous Concrete Coring Prices:
Patching Slab on Grade Cored Holes
with 2500 psi Concrete Patch
each
7345 $46
per day
7348 Scaffolding $171
378
CODE COST CODE COST
Laboratory Services
Court Appearance,
per hour - four-hour minimum
9603 $480
3011 Registered Professional Engineer, $250
Laboratory
per hour
3015 Staff Engineer $175
per hour
3026 Project Engineer $225
per hour
3014 Test Technicians -- Away from Lab, $125.50
Regular Time - per hour
3009 Field Testing -Training, regular time $125.50
per hour
2441 Submittal Review $250
per hour
2442 Steel Shop Management, $130.50
per hour
2443 Level III Supervisor – ASNT $157.50
per hour
9605 Preparation for Court, Consultations $365
per hour
3012 Laboratory Supervisor, regular time $130.50
per hour
3013 $125.50
regular time - per hour
Test Technicians -- Laboratory
4443 Administrative Support 7% Invoice
*Report Charge
per report, per copy
9110 $3.00
9111 Final Report Charge By Quote
4812 General Testing-Rush Charges 50%
Miscellaneous Pick-up
per trip minimum (within 40-mile radius)
5023 $171
Miscellaneous Pick-up, per trip minimum
(more than 40-mile radius)
5028 $286
4406 Materials Purchased By Quote
4408 Sample Preparation By Quote
Special Test Set-Up (2-techs+1 engineer
crew)
per hour
4422 $343
5022 Miscellaneous Sample Pick-up $91
per hour
4420 Special Testing By Quote
Plus actual expenses when out-of-town
3 4425 Sample Disposal By Quote
Subsistence
per day
1103 By Quote
1106 Travel Expense Cost + 25%
Travel Time
per hour
4456 $103
Mileage
per mile
5101 $1.00
Travel Expenses
4313 Concrete Core Cutting Cost + 25%
4406 Materials Purchased By Quote
4416 Rental of Equipment Cost + 20%
4417 Outside Laboratory By Quote
9702 Outside Services Cost + 25%
Off-hour Laboratory Operations
per day
5051 $1,143
Holiday and Sunday Laboratory
Operations
per day
5052 $1,716
Laboratory hours are 7:00am - 4:00pm, Monday through Friday.
Additional charges will be made for off-hours or weekend testing as follows:
*Generally for Compression Testing of Concrete, Base Plate Grout, Masonry Mortar and Grout, as well as Tension and Bend Testing of Reinforcing Steel.
Outside Services
Laboratory Hours
Professional Staff
Expert Witness Testimony
Administrative
Special Testing
5 379
CODE COST CODE COST
4 Aggregate
Absorption, Coarse, $51
ASTM C 127 - each
7000
$63
ASTM C 128 - each
7001 Absorption, Fine
4132 In Lab Rock Coring and Cutting By Quote
Loss On Ignition $114
ASTM C25
7037
$229
CRD C 119, ASTM D 4791 - each
7010 Percent Flat/Elongated
Plate Bearing Test By Quote
ASTM D 1195, D 1196
7118
By Quote
ASTM C295 -each
Petrographic Analysis of Aggregate for
Concrete
7024
$400
ASTM C 289, Chemical Method - each
Potential Alkali-Silica Reactivity of
Aggregate for Concrete
7551
By Quote
ASTM C 586, Rock Cylinder Method - each
Potential Alkali Reactivity of
Carbonate Rocks for Concrete,
7565
ASTM C 88 - each
7012 Sodium soundness - Fine, 5 cycles $252
By Quote
ASTM C 1260, Mortar-Bar Method - each
7552 Potential Alkali Reactivity of Aggregate
for Concrete,
By Quote
ASTM D 1865 - each
7557 Hardness Test
ASTM C 88 - each
Sodium soundness - Fine, 5 cycles, with
sample preparation
7046 $337
ASTM C 88 - each
7047 Sodium soundness - Coarse, 5 cycles $263
ASTM C 88 - each
Sodium soundness - Coarse, 5 cycles,
with sample preparation
7050 $320
ASTM C 88 - each
7048 Magnesium soundness - Fine, 5 cycles, $269
ASTM C 88 - each
7049 Magnesium soundness - Coarse, 5 cycles $309
ASTM C 127 - each
Specific Gravity, Bulk SSD, Coarse up to
1 ½”
7013 $80
ASTM C 127 - each
Specific Gravity, Bulk SSD, Coarse up to
2 ½”
7051 $126
ASTM C 127 - each
Specific Gravity, Bulk SSD, Coarse up to
2 ½”, Complete
7052 $201
ASTM C 128 - each
7014 Specific Gravity, Bulk SSD, Fine $91
ASTM C 127 - each
Specific Gravity, Bulk SSD, Coarse,
Complete
7045 $143
ASTM C 128 - each
Specific Gravity, Bulk SSD, Fine,
Complete
7060 $154
ASTM D2938 - each
Unconfined Compression Test of Intact
Rock
7021 $80
each
Unit Weight, ASTM C 29, (No Air Void
Determination)
7017 $80
ASTM C 29 - each
Unit Weight and Air Void Determination
– Coarse Aggregates up to 1”,
7035 $229
ASTM C 29 - each
Unit Weight and Air Void Determination
– Fine Aggregates,
7036 $229
ASTM C 29 - each
Unit Weight only–Coarse Aggregates up
to 2 ½”,
7053 $143
ASTM C 29 - each
Unit Weight and Air Void Determination
– Coarse Aggregates up to 2 ½”,
7054 $257
ASTM C 142 - each
7101 Clay Lumps/Friable Particles, $91
each
7055 Cleanness Value, Calif. 227, 2 ½” x 1 ½” $257
each
7056 Cleanness Value, Calif. 227, 1 ½” x 1” $171
each
7004 Cleanness Value, Calif. 227, up to 1” $143
each
Durability Index, Calif. 229, Coarse,
Method A (Dc) retained #4
7005 $194
each
Durability Index, Calif. 229, Coarse,
Method C and D (Df) fine
7006 $189
each
Durability Index, Calif. 229, Method B
Dc Mod. Lightweight agg
7059 $201
ASTM C 131 - each
7008 Los Angeles Rattler, up to1 ½” $194
$269
ASTM C 535 - each
Los Angeles Rattler, up to 2 ½” with
sample preparation
7058
$972+
ASTM C 123 - each
7007 Lightweight Aggregate, Coarse,
$800+
ASTM C 123 - each
8514 Lightweight Aggregate, Fine
ASTM C 131 - each
Los Angeles Rattler, up to1 ½” with
sample preparation
7057 $229
ASTM C 535 - each
7009 Los Angeles Rattler, up to 2 ½” $269
Organic Impurities $57
ASTM C40
7115
$103
each
Sand Equivalent (Average of 3)
Calif. 217
8516
Conformity
6 380
CODE COST CODE COST
Aggregate (continued)
$103
ASTM D 2419 - each
7123 Sand Equivalent (Average of 3)
Sieve Analysis, Coarse, 136, Cal Test $229
202 each greater that 1 ½”.
ASTM C
7039
$126
ASTM C 136 - each
7016 Sieve Analysis, Fine, Cal Test 202
4 Sieve Analysis, Coarse, 136, Cal Test $143
202 each up to 1 ½”
7015
ASTM C
A Rush Charge of 100% for same-day results
apply to the following tests:
ASTM C29
(Unit Weight only)
$343+
ASTM C 641 - each
7553 Staining Materials
ASTM C 136 - each
Sieve Analysis, Fine and Coarse
Combined up to 1 ½”, Cal Test 202
7549 $240
7 381
CODE COST CODE COST
5 Asphalt Concrete
4111 $114
each
Extraction, % Asphalt, Ignition Oven
4117 Aggregate Correction for Ignition Oven
each
$57
4112
each
Asphalt Core Density $40
4118 Centrifuge Kerosene Equivalent $171
4119 Complete Asphalt Concrete Mix Design By Quote
4110
ASTM D 2172 - each
Extraction, % Asphalt (Method A, B, or
C) or Calif. 310. Excluding Ash
Correction
$86
4104
each
Hveem, Lab-mixed - Calif. 366 $201
4105
each
Hveem, Pre-mixed - Calif. 366 $154
each
Gradation on Extracted Sample
(Including Wash) Calif. 202
4108 $114
4106
ASTM D 1559 - each
Marshall, 4-Inch Lab-mixed $201
4107
ASTM D 1559 - each
Marshall, 4-Inch Pre-mixed $143
4122
ASTM D 5581 - each
Marshall, 6-Inch Lab-mixed $343
ASTM D 5581 - each
4123 Marshall, 6-Inch Pre-mixed - $286
ASTM 2041 - each
Maximum Theoretical Unit Weight
(Rice Gravity)
4120 $201
7019 Moisture Content of Asphalt, CT382 $40
4113 Moisture Vapor Susceptibility $229
each
4109 Penetration ASTM D 5 $68
each
4101 Hveem, Pre-mixed - Calif. 304 $229
each
4100 Hveem, Lab-mixed - Calif. 304 $286
ASTM D 1559 - each
4102 Marshall, 4-Inch Lab-mixed $286
ASTM D 1559 - each
4103 Marshall, 4-Inch Pre -mixed $229
ASTM D 5581 - each
4125 Marshall, 6-Inch Pre -mixed $229
ASTM D 5581 - each
4124 Marshall, 6-Inch Lab-mixed $286
Non-Destructive Pavement
Deflection Testing using Benkelman
Beam
4141 By Quote
Maximum Density
4145
Per Test
Resistance Of Compacted Asphalt
Mixtures to Moisture - Induced Damage
- TSR (AASHT0 - T283)
$1,680
4146
Per Test
Hamburg Wheel - Trac Testing Of
Compacted Asphalt Mixtures
(AASHT0 - T324)
$1,890
4147
Each Sample (min of three to six)
Preparing and Determining Density of
HMA by means of Gyratory Compactor
(AASHT0 - T312)
$394
Superpave
Stability Tests
8 382
CODE COST CODE COST
Calibration of Skidmore-Wilhelm Device
In Lab - up to 110,000 lbs
4403 $286
Calibration of Skidmore-Wilhelm Device
In Lab - up to 115,000 to 200,000 lbs 4126 $343
Calibration of Torque Wrench by
Skidmore-Wilhelm Device
each bolt size (3 required)
4404 $286
4450 Up to 50-tons $314
4451 51 to 74-tons $343
4452 75 to 99-tons $372
4453 100 to 199-tons $458
4454 200 to 299-tons $515
Note: Extra-handling charges will be made on any ram or pump too heavy or bulky for one man to lift.
4466 300 to 500-tons $743
4455 Custom Systems By Quote
Calibration of Linear Measuring Device
each
4497 By Quote
Calibration of Temperature Measuring
Device
each
4498 By Quote
Calibration of Force Measuring Device
each
4483 By Quote
Calibration of Pressure Measuring
Device
each
4484 By Quote
Calibration of Miscellaneous Measuring
Device
each
4485 By Quote
Calibration of Infrared Temperature Gun
each
4486 $257
4487 Calibration of Amp Measuring Device
each
$257
Calibration of Torque Wrench
(0 to 250 ft-lbs ) each
4888 $286
Calibration of Torque Wrench
(0 to 251 to 600 ft-lbs) each
4127 $343
Calibration of Pressure Gage
(0 to 600 psi) - each
4128 $286
Calibration of Pressure Gage
(601 to 5000 psi) - each
4129 $400
4499 By Quote
each
Calibration of Mass Measuring Device
Calibration Verification of Skidmore-Wilhelm Device &
Torque Wrench
Calibration Verification of Hydraulic Jacks
Calibration Verification Of Measuring Device
9 6 Calibration Verification Services
383
CODE COST CODE COST
7 Ceramic Tile & Stone
Minimum Charge of $375 for any Tile Testing Service Apply Lab Technician
per hour
3013 $126
4900 Thickness, 5.50 (ANSI requires 80) $572
ASTM C499 - each
(ANSI requires 80 ASTM C499) - each
4901 Facial Dim, 5.50 $572
Warpage, 7.31 (80 required)
ASTM C485 - each
4902 $669
Wedging, 7.31
(80 required)ASTM C502 - each
4903 $669
ASTM C1028 - per set
4934 Coefficient of Friction (3) (Modified) $504
(*Withdrawn ASTM)
per set
4960 Dynamic Coefficient of Friction (5) (all $504
except Ceramic) ANSI B101.3
Static Coefficient of Friction (3) (Not
Modified) (*Withdrawn ASTM)
ASTM C1028 - per set
4904 $504
per set
4935 Dynamic Coefficient of Friction (3)
(Ceramic Only)ANSI A137.1
$504
Thermal Shock
ASTM C484 (5 required) per set
4911 $417
Mohs Hardness (5 required)
per set
4923 $201
Water Absorption
ASTM C373 - (5 required) $65.00 each
4905 $452
Initial Rate of Absorption
ASTM C373 - (5 required) 47.00 each
4936 $269
Length Change - Modified
ASTM C157 - (3 required) per set
4980 $1,029
Bond Strength, (shear test)
ASTM C482 (5 required) $92.00 each
4906 $536
4907 Breaking Strength, 30.00 (10 required) $326
ASTM C648 - each
Breaking Load Strength - Flex or Center
point
(5 required) ASTM C293 - per set
4981 $347
Compressive Strength, Modified with
Cutting
4937 $116
ASTM C67 - each
Compressive Strength Test, *Modified
ASTM C42 - ( 5 required) per set
4982 $546
Flexural Strength Test*Modified
ASTM C674 - (5 required) per set
4983 $420
4924 Tensile Tests in Laboratory, CTI $431+
4916 Modulus of Rupture, Ceramic
ASTM C133 - (5 required) 85.00 each
$480
Impact, (LA S-601-3), *Modified
ASTM D2444 - (5 required )per set
4984 $504
4920 $362
ASTM C368 - (10 required) - per set
Impact
Veneer Bond Strength, 2-required
ASTM C482 Modified
4928 $431+
4925 Shear Tests, (Grout/Thin Set Evaluation; $410
Tile to Tile)
5 minimum ANSI
Shear Tests, ( Material Shear)
5 minimum ANSI
4926 $410
Water Immersion Processing for
Shear Tests, 5 minimum ANSI
4927 $410
Oven Processing for Shear Tests, 5
minimum ANSI
4932 $410
Low Temperature Processing for
Shear Tests, 5 minimum ANSI
4933 $410
Bond Strength (Glass tile 4 dry 4 wet,
28 Days)
ANSI A 137.2 - 33.00 each
4965 $613
4908 Abrasive Wear Index $504
ASTM C501 (4 required) 120.00 each
(Per ANSI Crazing Requirement)
ANSI/ASTM C126 per set (65 samples)
4910 $420
Glaze Adhesion (modified ASTM)
ASTM D4541 - each
4938 $105
4912 Color Uniformity
ASTM C609
$1,470+
4909 Crazing $861
(5 cycles) ASTM C424
Glaze Permeability, (Ink Coating
Inspection)
ASTM C67
4963 $221
Freeze-Thaw Resistance (10) 50 cycles
per set ASTM C1026
4914 $3,570
Freeze Thaw (10) 50 cycles)
2 -3 months, per set ASTM C67
4985 $2,573
Moisture Expansion, (5 required)
ASTM C370* Modified
4917 $735
C.T.I. Stain Resistance
(8 required) Set CTI T72
4921 $189
4915 Additional cycles, per cycle/tile $79
Chemical Resistance (Extended
ASTM Version)
4962 $2,058
ASTM C650/ C126
Chemical Resistance (above + Swim
Pool Chem)
4961 $620
ASTM C650/ C126
Chemical Resistance (qualitative
Only 10% HCL and KOH)
4913 $420
ASTM C650/ C126
Laboratory Ceramic, Porcelain, and Clay Tile Testing
Strength (ANSI A137.1)
Physical
Friction
Dimensional
Performance
10 384
COST CODE COST
7 Water Absorption and Saturation
Coefficient
$525
per set 90.00 each (5 required), ASTM C67
Imperviousness Test
ASTM C126 - each
$105
Abrasion Test & Skid Coeff. (LA
S-601-3)
set ASTM C2486 and c 1028 - 4pcs
$1,155
Abrasion Test only. (LA S-601-3)
ASTM C2486 - 2pcs - set
$767
First Panel -- Not Including Tile or
Installation
$2,205
Floor Installation Performance Level, Robinsons Floor
Test ASTM C627-76:
Second or More on Same Purchase
Order
$1,470
Ceramic Tile Material Purchase CTI By Quote
Ceramic Tile & Stone (continued)
Ceramic Tile Miscellaneous CTI By Quote
Mortar ANSI Test ANSI $2,520+
Mortar Compression Test
ASTM C109 - each
$75
Mortar Miscellaneous Test CTI By Quote
Mortar Skinning Test, CTI
each
$131
Mortar Drop-off Test, CTI By Quote
each
Mortar Initial Setting Time, CTI
each
$95
Grout ANSI Test ANSI By Quote
Grout Drop-off Test CTI By Quote
Grout Miscellaneous Test CTI By Quote
Grout Skinning Test, CTI
each
$131
Grout Compression - 2” cubes
C1019 - each
$75
Compression Test, (*20 required),
ASTM C170
per set
$1,260
Flex Strength, Cut Samples (*20 $1,260
required), ASTM C880
per set
*20 Samples tested as follows:
5 Samples tested Wet, Parallel to the grain
5 Samples tested Wet, Perpendicular to the grain
5 Samples tested Dry, Perpendicular to the grain
Modulus/Rupture (*20 required) $1.260
per set ASTM C99
4802
Water Absorption and Density, (5
required)
4804 $452
ASTM C97/ C672 - per set
Abrasion Resistance, (3 required)
ASTM C1353 - per set
4810 $536
Anchor Pull Test (No deflection
measurement)
ASTM C1354 - each
4811 $158
Anchor Pull Test ( With deflection
measurement)
ASTM C1354 - each
4819 $294
Soundness Test , ( 5 samples required)
ASTM C88
per set
4818 $537
Breaking Load, ( 5 samples required)
ASTM C67 - per set
4817 $410
Flex Strength, Full Size Samples (*20
required), (max 40 lbs/ sample)
ASTM C880 - per set
$4,200
5101 Ceramic Tile Technician Mileage
per mile
Pick-up Sample - within 40-mile radius
from Laboratory,
per hour
5019 $79
Field Slip Resistance Test, ASTM C1028,
first test ( *Withdrawn Standard)
ASTM C1028
4957 $872
Field Slip Resistance Test, ASTM C1028,
additional test in same area
each ASTM 1028
4958 $515
Dynamic Coefficient of Friction
(installed floor )
first test ANSI B101.3
4970 $872
Field Veneer Bond Strength
ASTM C482
4959 $2,058+
Dynamic Coefficient of Friction (ceramic
only installed ) add test in same area
4966 $515
ANSI A137.1 each
Dynamic Coefficient of Friction (ceramic
only installed ) first test
4971 $872
ANSI A137.1
Dynamic Coefficient of Friction
(installed floor), additional test in same
area
4964 $515
ANSI B101.3 each
Field Technician
per hour
3014 $120
$1.00
Floor Systems and Components
Miscellaneous
Mortar Testing
Grout Testing
Dimension Stone / Building Stone Testing
Field Testing ASTM C482
Minimum Charge of $375 for any Tile Testing Service Apply Autoclave (3 required), CTI
each
$410
11 5 Samples tested Dry, Parallel to the grain
CODE
4952
4939
4986
4987
4918
4919
4956
4929
4940
4944
4945
4941
4943
4942
4950
4953
4955
4951
4954
4800
4801
4931
4930
385
Modulus of Elasticity Test - Static
ASTM C 469 (includes comp. and Unit
weight) each
$315
Thermal Expansion of Concrete
AASHTO T336 each
$693
Unit Weight, Absorption, and Voids in
Hardened Concrete
ASTM C642 - each
$410
Compression Test, 2” - 4” - 6” Cores,
Including sample preparation and capping
ASTM C 42 - each
$147
In Laboratory Core Cutting
each
4312 $84
6:30 a.m. to 4:00 p.m., Monday - Friday (per
sample)
5000 Pickup & Processing Cylinders $23
Before 6:30 am and after 4:00 pm &
Saturday
5001 Pickup & Processing Cylinders $40
Pickup & Processing
Sunday & Holidays (per sample)
5002 $46
Flexural Test “6x6” with data
processing
ASTM C78 (each)
4337 $270
5003 *Minimum Pick-up Charge $229
each
Trans. and Processing of Flexural Test
Beams -within 40-mile radius from
Laboratory
5021 $53
Corrosion Potential, Half Cell
ASTM C876
$572 +
Moisture Vapor Transmission, Calcium
Chloride Moisture Kit
Per Location ASTM F1869
$32
Inplace Moisture Content $86
Cement Analysis $924 +
ASTM C114 - each
Petrographic Examination $3,203 +
ASTM C856
Pulse Velocity, ASTM C597 By Quote
Forensic Testing
4489
4459
4457
4473
4319
Length Change (3 bars, 4 readings, up
to 90 days), Modified
4307 $458
ASTM C 157
4301
Shrinkage
ASTM C 496 - each
Proportions
(Next day turnround) each
Mix Design, Determination of $420
Proportions
(Same Day Turn Service) each
9501
4309 Laboratory Trial Batch, (includes slump, $1,050
% air, unit weight, and up to 7-cylinders
ASTM C 192 - each
4310 Laboratory Trial Batch, (including the $1,260
items above and shrinkage
ASTM C 192 - each
Sampling Material for Laboratory Trial
Batches
per hour
4315 $242
Laboratory Trial Batch
9502 Preparation of Special Strength $400
Documentation for Mix Design
per hour
9503 Amend or Retype Existing Smith-Emery $231
Mix Designs
(not involving calculations) each
Review Mix Design prepared by Others
per hour
9504 $263
CODE COST CODE COST
8 Concrete
Compression Test sample prep. and cap,
6” x 12” cylinders, including untested
holds
ASTM C 39 - each
4300 $53
Compression Test sample prep. and cap,
4” x 8” cylinders, including untested holds
ASTM C 39 - each
4329 $53
Weight per cubic foot of lightweight
concrete cylinders
each
4308 $116
Flexure Test, 6” x 6” beams,
ASTM C 78 - each
4304 $158
4306
Modulus of Elasticity Test with
Data Processing
ASTM C 469 (each)
4338 $420
4228
4227
4311
Additional Reading $86
per set of 3 bars
4308
Storage over 90 days $86
per set of 3 bars, per month
4302
4305 Splitting Tensile, 6” x 12” cylinders $126
Trans. and Processing /Deliver $68
Shrinkage Molds/Samples-within
40-mile radius from Laboratory
per set
5020
Mix Design, Determination of $294
Proportions
(3 Business Day Turn Around) each
9500
9505 Mix Design, Determination of $336
Mix Design
12 386
8 Concrete (continued)
CODE COST CODE COST
4380 Compression Test including capping, $114
and preparation
each
4382 Cell-Crete 7-days and 14-days report $86
ACI 506.2 Core Grading
per core
5027 $220
ACI 506.6T Visual Shotcrete Core
Quality Evaluation
per core
5029 $220
Lightweight Roof Fill ASTM C495
5028
each
Trans. and Processing Gunite Field $286
Sample (within 40-mile radius from
Laboratory) 2-feet square min.
each
4381 Density $114
4314 Compression, 2”, 4”, 6” Cores, including, $147
preparation, capping, and trimming
ASTM C 42 each
each
5018 Trans. and Processing Gunite Field $116
Sample (within 40-mile radius from
Laboratory) up to 12x12x12.
4336 Shotcrete Panel Testing $887
Including coring, compression test
(4 sample per panel)
5016 Trans. and Processing Shotcrete $32
Cores-within 40-mile radius from
Laboratory
Trans. and Processing Gunite Field
Sample (within 40-mile radius from
Laboratory) less 12x12x6-in.
5017 $68
each
Gunite & Shotcrete
13 387
Water Absorption, 3 parallel, 3
perpendicular
ASTM C121 - $48 each
$242
Weathering, 3-samples
ASTM C217 - $120 each
$378
Wire Rope 0 through 1” diameter
each
$289
Wire Rope 1 through 2” diameter
each
$399
each
Wire Rope over 2” diameter $515+
Note: Sockets furnished by client
Field Coring Technician and standard
equipment
per hour
$173
Shear Test on Epoxied Cores
each
$147
Compression Test, Cylinders
each
$147
Compression Test, Cores
each
$147
Oven Dry Density
per sample
$147
Adhesion/Cohesion Testing
per hour, 4-hour minimum
$116
Pick-up Fireproofing
Samples-within 40-mile radius
from Laboratory
per sample
$32
Epoxied Cores Visual Inspection
each
$147
Pick-up Epoxy Cylinders-within 40-mile
radius from Laboratory
per sample
$37
(6 required) $49.00 each
Flexural Strength, without M.O.E. $309
4340 Water Absorption $289
ASTM D570
Compressive Yield Strength
ASTM D695
4341 $746
4342 Flexural Strength, ASTM D790 $861
4343 Shore Hardness, ASTM D2240 $289
Tensile Strength and Elongation
ASTM D638
4344 $861
4471 Compression By Quote
ASTM D198
Flexure
ASTM D198
4470 By Quote
4472 Tension By Quote
ASTM D198
Torsion
ASTM D198
4478 By Quote
Rapid-Hardening Grout
ASTM C928
4395 By Quote
Shear
ASTM D198
4476 By Quote
Non-Shrink Grout
ASTM C1107
4396 By Quote
Time of Setting
ASTM C266 - each
4490 $289
Sulfate Expansion
ASTM C1012 - each
4491 $803+
Flexural Strength
ASTM C348 - each
4492 $693+
ASTM C939 - each
4493 Consistence (Cone Test) $289
Bleeding
ASTM C940 - each
4494 $803+
Total Chloride Ions
ASTM C1152 - each
4495 By Quote
Permeability
ASTM C1202 - each
4496 By Quote
Standard Specification for Mortar for
Unit Masonry
4550 $803+
ASTM C270
Specialty Grout
Wire Rope
Epoxy - Cores & Coring
Fireproofing Tests
Glass Fiber Reinforced Concrete
14 Structual Lumbar
Evaluation
per MWD RFQ 704
4345 By Quote
CODE COST CODE COST
9 Construction Materials
Absorption
each
4700 $74
4701 Additional/Special Tests By Quote
Breaking Strength per U.B.C.
each
4702 $75
Modulus of Elasticity, 3 parallel, 3
perpendicular
ASTM C120 - $100 each
4805 $630
Modulus of Rupture, 3 parallel, 3
perpendicular
ASTM C120 - $100 each
4806 $630
4807
4808
4426
4427
4428
3710
4318
4316
4317
4350
4351
5014
4346
5026
4320
4321 Flexural Strength with M.O.E. $995
6 required - $145.00 each
Density, 3 required
$50.00 each
4322 $173
Tensile Strength, 3 required
$75.00 each
4323 $258
Shear Strength, 3 required
$75.00 each
4324 $258
Tensile Strength, panel (12”x12”), 5
samples(1 X 10- in)
ASTM D 30391 - $170.00 each
4326 $1,029
Slate
Fiber Wrap
Saturation Resin for Fiber Composite
Roofing Tile
388
CODE COST CODE COST
9 Construction Materials (continued)
Standard Specification for Plastic
(Stucco) Cement
4553 By Quote
Standard Specification for
Non-Asbestos Fiber Mat Reinforced
Cement Substrate Sheets
4554 By Quote
Potential Alkali- Silica Reactivity by
Accelerated Mortar Bar Method
4552 $800+
C1567
15 Potential Alkali-Silica Reactivity by
Mortar Bar Method
ASTM C1260
4551 $800+
389
COST CODE COST
Lab Tech Away from Lab $140.50
Coatings, Paint $196.50
Special Curtain Wall Evaluation $140.50
Curtain Wall Attachment $140.50
Caulking, Sealants, Adhesives $140.50
Exterior Skin from Swing Stage $277.50
(2 men) per hour
Field Water Test $286
AAMA 501.2, (2 men) per hour
Field Testing of Newly Installed
Fenestration System Products
$286
Field Testing of Newly Installed
Storefronts, Curtain Walls, and Sloped
Glazing Systems
$286
Field Testing of Masonry Walls, $286
Field Dynamic Water Penetration By Quote
Glass, Granite, Metal Cladding,
Caulking, Paint Coatings Adhesive Bond,
Chemical Analysis
By Quote
Point Load Testing on Structurally
ASTM STP1286
By Quote
Adhesion Testing SSG $201
Adhesion Testing $286
Static Water Infiltration (Field)
ASTM E 331/1105
8102 $286
Static Air Infiltration (Field)
ASTM E 283/783
8104 $286
Stress and Rupture - Stone and Granite By Quote
Field Posi Test $201
Evaluating Water Leakage in Buildings By Quote
Portable Adhesion Testing of Coatings By Quote
Lab Testing of Masonry Walls By Quote
8103 Dynamic Water Infiltration $2,058
Water Penetration By Cyclic Air
Pressure (Field)
8105 $286
ASTM E547/E1105
Water Penetration of Masonry $286
Pressure Equalized Rain Screen (Field)
AAMA 508
8125 $286
8122 Seismic Structural Loading $1,143
Structural Performance
ASTM E 330
8106 $572
Seismic and Wind Induced Interstory
Drift
8126 $1,143
AAMA 501.4
Seismic Drift Causing Glass Fallout
AAMA 501.6
8127 $17,152
Vertical Interstory Movements
AAMA 501.7
8128 $1,143
Impact and Cycling Testing
AAMA 506
8129 $1,143
Concentrated Load Testing
(window washer, etc.)
8109 $572
8110 AAMA Thermal Testing By Quote
Thermal Performance Test
AAMA 1503
8130 By Quote
Thermal Cycling of Exterior Walls
AAMA 501.5
8131 $9,220
Impact Cannon Testing
ASTM E1996/E1886
8132 By Quote
4948 Pressure By Quote
Hurricaine
Thermal
Structural
Missle Impact Test
ASTM E 1886/1996
8156 $5717
(Los Angeles & San Francisco) Custom Test Bay Sizes Available by Quote.
Air and Water
Water Testing Leakage Through MasonryBy Quote
1 1
1 5
45 30
20 34
75 10
20 20
Bays Available in the Following Sizes:
16 CODE
10 Curtain Wall
3019
3019
per hour
3019
per hour
3019
per hour
3019
per hour
3019
8113
AAMA 502
8114
AAMA 503
8115
8116
ASTM C1601
AAMA501.1
8139
8112
Glazed Glass
8123
ASTM C1401
8134
ASTM C1521
8135
8111
8133
ASTM E1186
8137
ASTM E2128
8138
ASTM D4541
8124
ASTM E514
ASTM C1601
8136
Field Testing
Inspection & Testing
Materials Evaluation
8140
ASTM E514
Test Bays
1 Height (ft)
100
Width (ft)
Mock-Up Performance Testing - Test 35
Static Water Infiltration (Lab)
ASTM E 331/1105
8150 $515
Static Water Infiltration (Lab)
ASTM E 283/783
8151 $970
Water Penetration By Cyclic Air
Pressure (Lab)
ASTM 2547/E1105
8152 $515
Pressure Equalized Rain Screen (Lab)
AAMA 508
8153 $515
Electronic Leak Detection
ASTM D 8231, Per Hour
8154 $201
Electronic Leak Detection
Equipment Charge - Per Day
8155 $114
390
COST CODE COST
17 CODE
10 Curtain Wall (continued)
4947 Movements (0.0001 inch) By Quote
4468 Machine Control Movement By Quote
4469 Temperature By Quote
4418 Strain Gauge By Quote
4949 Stress Analysis By Quote
Cyclic Seismic Testing of Components By Quote
of Steel Structures
ATC-24, FEMA 350, FEMA 450
4439
Multi-Channel Computer Aided Data Acquisition of:
4946 Acceleration By Quote
4430 Vibration By Quote
391
COST CODE COST
11 Masonry
Compressive Strength including sample
preparation and capping
Each
$143
One set of five joints $57
Flexural Bond Strength $343
Modulus of Rupture (flexure) including
sampling preparation
Each
$143
Coefficient of Friction (slip test)
Each
$211
Dimensions, overall, coring, shell and
web thickness
per brick
$57
Initial Rate of Absorption,
each
$51
Absorption - 5 hour or 24 hour
Set Of Three
$171
Set Of Three
Boil, 1, 2 or 5 hour $286
Efflorescence
Each
$171
Freeze Thaw (8x8, 4x4), 5 samples, 50
cycles
$1,716
Each
Pick-up Brick Samples $23
Unit Weight
each
$143
Each
Moisture Content as Received $103
3 required - $98 Each
Absorption $309
Shrinkage, Modified British $602 ASTM C 426, 3 required - $191.00 each Each
Coupon Cutting $57
Each
Compression, 4” - 6” - 8” Cores including
sample preparation and capping
$143
Complete C140 $1,487
Compression, including sample trimming
preparation and capping
$309
3 required, $98.00 each
Compressive Strength including sample
preparation
Each
$143
each
Transportation and processing Block
Samples - inside 40mi radius of laboratory
$28
Compression Test, 16”x32” Grouted
Prisms including trimming and capping
4226 $886
Compression Test with MOE, Grouted
Prisms
4223 $715
4218 Compression Test, 8”x16” Grouted
Prisms including trimming and capping
$257
each
4225 Compression Test, 12”x24” Grouted
Prisms including trimming and capping
$428
4219 Cutting Prisms, when required (Solid) $149
4230 Cutting Prisms, when required (Not Solid)$114
Each
4224 Unit Weight, Grouted Prisms $114
each
4208 Cores, Compression, 6” and 8” Diameter $143
per core
4209 Cores, Shear, 6” and 8” Diameter, 2 Faces $220
Each
Pick-up Prisms 8x8x16-in - within a
40-mile radius of laboratory
5013 $68
Each
Pick-up Prisms 12x8x16 and
16x16x16-n - within a 40-mile radius of
laboratory
4347 $86
Each
Compression, 2” x 4” Masonry Mortar
Cylinder including trimming and capping
4214 $114
each
Compression, 3” x 6” Masonry Grout
including sample preparation and capping
4216 $114
each
Transportation and processing Mortar
Samples - inside 40mi radius of laboratory
5011 $28
ASTM C 109 - each
Compression, non-standard Grout Cubes
Modified 109 including sample prep. /cap
4231 $114
ASTM C 109 - Each
Compression, 2” Grout Cubes, including
sample preparation and capping
4215 $114
each
Transportation and processing Grout
Samples -inside 40mi radius of laboratory
5012 $28
each
Transportation and processing Grout
Cubes - inside 40mi radius of laboratory
5015 $28
4089 In-Place Shear (Push) Tests By Quote
4827 Flat Jack Testing By Quote
4816 Wall Anchors By Quote
4815 15 Degree Core Shear Tests By Quote
Brick ASTM C 67 Masonry Prisms ASTM C 1314
Mortar & Grout UBC Sandard 21-16 & 21-18
Concrete Block ASTM C 140
Un-Reinforced Masonry Building Tests
Solid Concrete Interlocking Paving Units ASTM C 936
18 CODE
4200
4205
4217
4201
4203
4202
4204
4205
4206
4207
4222
5009
4233
4211
4211
4213
4229
4221
4220
4210
4232
5110
392
CODE COST CODE COST
12 Metallurgical
Metallurgical Engineer, Registered
per hour
6933 $275
Metallurgical Technician
per hour
6919 $165
Galvanized Coating - Acid Strip Method
per specimen of plate, and wire
6904 $229
Stucco Netting, ICC Evaluation By Quote
per roll
6912
Hardness Tests Brinell, Rockwell $126
(Standard or Superficial), excluding
specimen preparation if required
6905
Chemical Analysis – Ferrous Material $211
of solid piece
each
6920
6902 Test CVN at 75°F $201
(Set of 3 specimens)
6979 Test CVN at -20°F $360
(Set of 3 specimens)
6801 Test CVN at 10°F $274
(Set of 3 specimens)
6978 Test CVN at 0°F $332
(Set of 3 specimens)
6977 Test CVN at 30°F $274
(Set of 3 specimens)
6976 Test CVN at 40°F $274
(Set of 3 specimens)
6903 Test CVN at 70°F $252
(Set of 3 specimens)
each
Chemical Analysis – Ferrous Material
of filings
6012 By Quote
each
Chemical Analysis – Non-Ferrous By Quote
Material of solid piece
6980
each
Chemical Analysis – Non-Ferrous By Quote
Material of filings
6981
Evaluate Carbon Equivalent (C.E), By Quote
each to include chemical analysis of
filings
6011
each
Microhardness Survey, (includes By Quote
metallurgical mount & preparation)
6017
6112 Laboratory NDT Testing (UT, MT, PT) By Quote
6900 Bend Test – Base material By Quote
Load Tests (Proof Load, Flexural, By Quote
Stress-corrosion, etc.)
6907
Evaluate Carbon Equivalent (C.E),
each to include chemical analysis of
solid piece
6943 $223
Scanning Electron Photomicrographs
each (5” x 4”)
6915 $9
Scanning Electron Microscopy (SEM), $423
and EDS
6913
per Hour (min 1 hr)
5101 Mileage $1.00
per mile
each
Tensile Test – With Electronic $114
Extensometer, excludes sample
cutting and specimen preparation
6934
up to 2.00-in. OD - each
Tensile Test – Square or Round Tube, Full
size with plugs
6939 $303
6957 Talbot Test – Sample preparation and test$286
per specimen
each
Tensile Test – Anchor Bolts, Studs or
Threaded Rods under 100, 000 lbf ,
tested full-size
6948 $201
each
Tensile Test – Anchor Bolts, Studs or
Threaded Rods 100, 000-120,000 lbf,
tested full-size
6958 $223
each
Tensile Test – Anchor Bolts, Studs or
Threaded Rods up to 1.0-in diam. by
machined specimens
6959 $223
each
Tensile Test – Anchor Bolts, Studs or
Threaded Rods,1.0 - 2.0in diam. by
machined specimens
6013 $240
each
Tensile Test – Anchor Bolts, Studs or
Threaded Rods over 2.0-in diam. by
machined specimens
6014 $269
under 100,000 lbf - each
6949 Nut – Hardness and Proof Load test $48
100,000 – 120,000 lbf - each
6960 Nut – Hardness and Proof Load test $63
above 120,000lbf - each
Nut – Hardness In Core Method in lieu
of proof Load test
6015 $138
each
6950 Washer – Not Galvanized - Hardness $35
each
6961 Nut Cone Proof Load Test By Quote
6951 A325 or A490 – Bolt hardness only $120
each
Bolt A325 or A490 – Wedge Tensile,
and Hardness
each
6592 $114
6802 Bolt A325 or A490 – Wedge Tensile up $171
to 1-1/8- in diameter, and Hardness
each
Metallurgical Services
Fastener Testing Continued Activity Cost
Fastener Testing
Mechanical Testing
4443 Administrative Surcharge 7% Of Invoice
19 393
CODE COST CODE COST
12 Metallurgical (continued)
6803 Bolt A325 or A490 – Wedge Tensile $177
up to 1-1/4- in diameter, and
Hardness
each
6804 Bolt A325 or A490 – Wedge Tensile $189
up to 1-3/8- in diameter, and
Hardness
each
6805 Bolt A325 or A490 – Wedge Tensile
up to 1-1/2- in diameter, and
Hardness
each
$211
each
Bolt A325 or A490 – Tensile test by
machined specimens
6975 By Quote
Welded Fabric Weld shear strength
each sample
6963 $86
Guided Weld Bend Test, excluding
specimen preparation
each
6927 $57
Age Bend Specimens – 48 Hrs
up to 3 specimens
6956 $160
each
Sample Cut & Perform Weld-Fillet
Weld Fracture Test
6929 $201
each
Weld-Fillet Weld Fracture Test In Sheet
Steel & Evaluate
6969 $160
each
Weld-Macro Etch (Plate)- cut, polish,
etch, and evaluate
6930 By Quote
(Rebar # 3 thru # 7) - each
6972 Weld-Macro Etch $166
(Rebar # 8 thru # 10) - each
6113 Weld-Macro Etch $183
Weld-Macro Etch - cut, polish, etch,
and evaluate
(Rebar # 11 thru # 14)each
6973 $194
(Rebar # 18) - each
Weld-Macro Etch - cut, polish, etch,
and evaluate
6974 $286
6931 Weld-Radiography By Quote
each
Weld Transverse Tensile Test, plate up
to 1.0-in thick excluding machining
6932 $114
Weld Procedure Qualification and Welder Qualification
each
Weld Transverse Tensile Test, plate over
1.0-in thick excluding machining
6964 $246
Welded Rebar Transverse Tensile Test, #
3 thru # 7
6965 $154
Welded Rebar Transverse Tensile Test, #
8 thru # 10
6114 $177
Welded Rebar Transverse Tensile Test, #
11 thru # 14
6966 $211
Welded Rebar Transverse Tensile Test,
#18
6967 $572
Review Welding Procedure Specification
(WPS)
each
6921 $201
each
Prepare Welding Procedure
Specification (WPS)
6922 $400
WPS, PQR Weld Certificate
each
6971 $154
Sample Cut & Machine Specimen –
under ½-in
each
6910 $86
each
Sample Cut & Machine Specimen – ½
-inch to 1.0-in
6911 $114
Sample Cut & Machine Specimen -
1.0-in to 1½-in-inch thick,
each
6968 $183
each
Sample Cut & Machine Specimen -
over 2.0-in to 2½-in-inch thick, each
6985 $229
each
Sample Cut & Machine Specimen -
over 2½-in-inch 3.0-in thick, each
6986 $246
each
Sample Cut & Machine Specimen -
over 3.0-in to 3½-in-inch thick, each
6987 $286
each
Sample Cut & Machine Specimen -
over 3½-in-inch thick, each
6988 By Quote
Sample Cut & Machine Charpy V-Notch
Specimens (Set of 3 specimens)
per set
6909 $355
Machine and V-Notch one set CVN
specimens from Alternate Location
6941 $377
Machine and V-Notch one set 3/4 size
Specimens
6989 $343
each
Sample Cut & Machine Specimen –
over 1½-in-inch 2.0-in thick
6984 $206
Unless otherwise noted, costs above do
not include sample preparations
6806 Customized Sample Machining By Quote
Sample Preparation
20 F593C SS Screws (Tensile, Proof
Laud, Hardness)
6810 $229+
F594C SS Nuts (Hardness +
Proof Load)
6811 $229+
Machine and V-Notch one set 2/3 size
Specimens
6990 $343
394
CODE COST CODE COST
12 Metallurgical (continued)
Rough cut from Flange of T beam
section
6998 $86
6999 Rough cut other joint configuration By Quote
Macroetch rough cut sample to locate
HAZ
each
6111 By Quote
6110 Test Report Charge $75 Min
each
Metallurgical Mount, 1-1/4-in. including
preparation without evaluation
6914 $166
each
Metallurgical Mount, 2.0-in. including
preparation without evaluation
6918 $211
Add additional piece in mount
each piece
6925 $40
Rush Turnaround, 48 - 72 hours
(50% Surcharge)
6935 + 50% Invoice
Rush Turnaround, 24 - 48 hours
(50% Surcharge)
6936 +100% Invoice
Same day testing + report +200% Invoice
(200% Surcharge)
6937
6923 Minimum laboratory charge $171
Multiple copies for distribution, copies $7
and mailing
per distributor per copy each
6924
Digital Photographs, photo quality paper $9
each
9116
Digital Photographs, photo quality paper $7
per copy report each
6115
Metallurgical Technician Travel Time
per hour
6116 By Quote
Special Test Set-Up (2-techs+1 engineer $343
crew)
per hour
4422
4416 Misc. Equipment Charge By Quote
4420 Special Testing By Quote
3075 Administrative Office Support By Quote
9111 Final Report By Quote
6995 Rough cut ‘K’ from T beam section $86
6996 Rough cut from ‘K’ section only $86
Rough cut from Flange of full beam
section
6997 $86
6994 Rough cut ‘K’ from full beam section $86
Administrative Charges
21 Machine and V-Notch one set 1/2 size
Specimens
6991 $360
Machine and V-Notch one set 1/3 size
CVN Specimens
6992 $365
Machine and V-Notch one set 1/4 size
CVN Specimens
6993 $365
395
CODE COST CODE COST
13 Plastics & Plumbing
5202 Plastic Toilet (Water Closet) Seats By Quote
5203 Plastic Water Closet Bowls and Tanks By Quote
5204 Plastic Lavatories By Quote
5205 Plastic Urinal Fixtures By Quote
5206 Plastic Bathtub and Shower units By Quote
5207 Plastic Sinks By Quote
5208 Prefabricated Plastic Spa Shells By Quote
Polyethylene Plastics Pipe and Fittings
Materials
5209 By Quote
5210 General Pipe testing By Quote
5200 Weatherometer Test By Quote
each
5201 Plastic Tensile Tests By Quote
each
5211 Water Closets By Quote
5212 Wall Mounted Water Closets By Quote
Water Closets Equipped with a Dual
Flushing Device
5213 By Quote
5214 Urinals By Quote
5224 Kitchen Supply Fitting (Kitchen faucet) By Quote
Kitchen and Lavatory Supply Fitting
(Faucet) with Side spray Diverter
5225 By Quote
5216 Pullout Spout Faucets By Quote
5217 Shower head or Body spray By Quote
High-efficiency Shower head or Body
spray
5218 By Quote
5219 Hand Shower By Quote
5220 High-efficiency Hand Shower By Quote
5221 Flexible Water Connectors By Quote
5222 Lavatory and Bar Supply Fittings By Quote
Bidet Supply Fitting (with or without a
diverter)
5223 By Quote
5226 Bath or Shower Supply Fitting By Quote
Bath or Shower Supply Fitting with
Diverter
5227 By Quote
5228 Laundry Tub Supply Fitting By Quote
5229 Metering or Self Closing Supply Fittings By Quote
5215 Lawn and Sediment Faucets By Quote
5233 Supply stop By Quote
Kitchen and Lavatory side spray
function control
5231 By Quote
5230 Supply Stop By Quote
Shower head, hand shower, or body spray
adjusting mechanisms or function control
5232 By Quote
5234 Automatic compensating valve By Quote
Temperature Actuated Mixing Valves
for Hot Water Distribution Systems
5235 By Quote
Automatic Temperature Control Mixing
Valves
5236 By Quote
5237 Water Temperature Limiting Devices By Quote
5238 Atmospheric Type Vacuum Breakers By Quote
5239 Hose Connection Vacuum Breakers By Quote
Pressure Principle Fire Protection
Backflow Preventers
5241 By Quote
Backflow Preventers with an
Intermediate Atmospheric Vent
5240 By Quote
Check Fire Protection Backflow
Prevention Assemblies
5242 By Quote
5244 Plumbing Water Resistance Cycling Test By Quote
5245 Gel Coat Thickness By Quote
each
5243 Plumbing Water Resistance By Quote
each
Plumbing Water Closets
Pipe
Faucets
Shower Heads
Fittings
Valves and Controls
Miscellaneous
Flexible Hose
Fixtures
22 396
CODE COST
Quality Assurance - 3rd Party Audit
Note: 45 days advance notice required for audit cancellation. Audit cancelation Fees apply. Expenses with applied mark-up and 8 hours Audit prep time if less than 45 days’ notice.
4456 Travel time, per hour $100
(Min. may apply)
4533 Qualifying Audit, $150
per hour (8 hr. Minimum)
4534 $225
per hour (Code Meetings)
Technical Director
4536 $175
per hour
Project manager
4537 $225
per hour
Engineer
1103 $160
(per day)
Per Diem (Per GSA rates based on
Location)
1107 $150
per day ( Out of Country)
Per Diem
1104 Consumable/ Expenses Cost +15%
4539 $175
per hour (6 hr. Minimum)
Manual Review,
4540 $82
per hour ($150.00 Minimum)
Audit Report Fees,
3098 $1,250
(if Applicable)/ or per Quote/ per product
model and or series
Annual Listing Fees
5101 Mileage $1.00
Per Mile
4443 CA. Admin Fee 7% Of Invoice
4535 $175
(Min. may apply)
Consulting, per hour
14 Surveillance - Standard Audits
per hour - 8hr minimum, plus report &
expenses
4533 $150
4520 Approved Fabricator Surveillance audits
per hour - 8 hr. Minimum, plus report &
expenses
$150
4539 $175
per hour - 8 hr minimum
Quality Systems Manual Reviews
per letter
4523 Virtual Audit Certification letter or $400
certificate to Municipalities/
Accreditation bodies
Qualifying Fab shop Compliance
certificate
per activity
4521 $500
(average 3 days plus reporting)
4522 Virtual Audits-certified, (all-types) By Quote
CODE COST
23 397
each
4633 Tensile Test with MOE, No. 3 to 8 Bar $229
each
4626 Tensile Test, No. 9 to 11 Bar $98
each
4627 Bend Test, No. 9 to 11 Bar $98
each
4630 Tensile Test with MOE, No. 9 to 11 Bar $314
each
4602 Tensile Test, No. 14 Bar $201
each
4634 Bend Test, No. 14 Bar $201
each
4631 Tensile Test with MOE, No. 14 Bar $372
each
4603 Tensile Test, No. 18 Bar $372
$486
each
4603 Tensile Test with MOE, No. 18 Bar
$601
each
4632 Tensile Test, No. 20 Bar
$850
each
4642 Tensile Test, No. 20 Bar (150 ksi)
$1,000
each
4643 Tensile Test, No. 24 Bar (150 ksi)
$1,250
each
4644 Tensile Test, No. 28 Bar
$1,450
each
4645 Tensile Test, No. 32 Bar
each
4635 Bend Test, No. 18 Bar $372
4636 Tensile Test, No. 24 Bar (150 Ksi) $915
each
4637 Tensile Test, No. 28 Bar $1,143
each
4638 Tensile Test, No. 32 Bar $1,372
each
4616 Chemical Analysis, $229
each
4617 Deformation Compliance $98
each
Sampling and Tagging at Fabricators Plant (within 40-mile radius from Laboratory, add $100 for more than 40-miles) $51
per sample
Before 6:30 a.m. and after 4:00 p.m. and
Saturday
5006
6:30 a.m. to 4:00 p.m., Monday through
Friday
per sample
5005 $35
Tensile Test, No. 11 or smaller
each
4639
each
4640 Tensile Test, No. 14
4641
each
Tensile Test, No. 18
Tensile Test, Welded, No. 11 Bar or
Smaller
each
4604
each
4605 Tensile Test, Welded, No. 14 Bar
each
4606 Tensile Test, Welded, No. 18 Bar
each
4607 Nick Break, Welded Re-Bar
4615 Straightening Hoops
High-Strength Steel Bars for Prestressed Concrete
ASTM A722, Grade 80 & 150 KSI
Welded Specimens
Headed Steel Bars for Concrete Reinforcement
ASTM A 970
CODE COST CODE COST
15 Reinforcement
Tensile Test, No. 3 to 8 Bar
each
4600 $68
each
4601 Bend Test, No. 3 to 8 $68
Tensile Test $400+
each
4327
$400+
each
4328 Bend Test
$257
$314
$486
$257
$314
$486
$143
$57
Reinforcing Steel ASTM A 615/A 706 Activity Cost
Reinforcing Steel ASTM A 1035
24 per sample
5007 Sunday and Holidays
*Minimum Sample Charge
per trip
5008
5024 Transportation and Processing Rebar
Samples at Jobsite - inside 40mi radius of
laboratory
per sample
$51
$229
$35
398
CODE COST CODE COST
15 Reinforcement (continued)
Transportation and Processing Post
Tension Cables - within a 40-mile
radius of laboratory
per sample
5025 $35
Modulus of Elasticity (Prestress Strand)
each
4611 $428
25 Tensile Test and Elongation in 24” for
Prestress Strand, ASTM A 416
each
4609
Post-Tensioning Strand
each
Tensile Test and Elongation in 10” for
Prestressing Wire, ASTM A 421
4610
$314
$314
each
Tensile Test, Mechanically Spliced Bar,
No. 11 Bar or Smaller
4612
each
Tensile Test, Mechanically Spliced Bar,
No. 14 Bar
4613
each
Tensile Test, Mechanically Spliced Bar,
No. 18 Bar
4614
each
CalTrans Mechanical Coupler Slip Test,
No. 11 Bar or Smaller
4623
each
CalTrans Mechanical Coupler Slip Test,
No. 14 Bar
4624
each
CalTrans Mechanical Coupler Slip Test,
No. 18 Bar
4625
each
CalTrans Mechanical Coupler Slip Test,
No. 20 Bar
4625
Coupled Reinforcement
$257
$314
$486
$314
$372
$601
$715
$50 each
4619 Parent Material Tensile, 5 required $325
$50 each
4620 Bend Test, 5 required $325
$50 each
4618 Shear-Weld Area, 5 required $325
$40 each
4621 Weld-Included Tensile, 5 required $325
4622 Mesh Evaluation, ASTM C427 $657
Welded Wire Fabric ASTM A 185
399
CODE COST CODE COST
16 Soil
California Impact, CAL 216
each
7018 $171
Classification of Soil for Engineering
Purposes
ASTM D2487
7136 $400
Moisture Density-Chunk Density, In-Situ
ASTM D2937 - each
7555 $57
Moisture Density-Drive Tube Density,
In-Situ
each
7137 $57
Corrosivity: Resistivity, pH, Sulfates,
Chlorides
each
7020 By Quote
Material Finer - #200 Sieve
ASTM D 1140/C 117 - each
7110 $57
Moisture
ASTM D2216 - each
7111 $28
Moisture (microwave)
ASTM D4643 - each
7019 $17
Moisture-Density Relations of Soils
ASTM D1557, Method A - each
7113 $154
Moisture-Density Relations of Soils
ASTM D1557, Method B or C - each
7114 $166
7138 M/D Curve Rock Correction $114
7135 Moisture-Density Check Point $57
each
“R” (Resistance) Value, Lime Treated or
Requiring Recombining
each
7120 $286
“R” (Resistance) Value, Calif. 301
ASTM D 2844 - each
7119 $257
Relative Density (max/min)
D 4254 - each
7534 By Quote
Sieve and Hydrometer Analysis,
ASTM D 422 - each
7109 $309
Sieve Analysis, fines for sieves #4 to
#200
ASTM D 422 - each
7139 $143
Specific Gravity for Soils
ASTM D 854 - each
7127 $138
7124 Sieve Analysis of Combined Fine and $229
Coarse
ASTM D-422 - each
Atterberg Limits, (LL, PI)
ASTM D 4318 - each
7100 $201
Atterberg Shrinkage Limit
ASTM D 4318 - each
7099 $171
California Bearing Ratio
ASTM D 1883 - each
7130 $629
each
7559 Collapse Potential By Quote
ASTM D 2435 - each
7102 Consolidation Test $229
Consolidation Time/Rate Curves
each
7103 $57
7104 Remolding of Samples
each
$35
Consolidated, Drained 1 Point
each
7107 $143
Consolidated, Undrained 1 Point
each
7106 $114
Unconsolidated, Undrained, 1 Point
each
7105 $114
Remolding of Samples
each
7104 $35
Expansion Index, UBC-18-2
ASTM D 4829 - each
7108 $160
Permeability, Constant Head
ASTM D 2434, CAL 220 - each
7116 $257
Permeability, Falling Head
CAL 220 - each
7117 $257
Triaxial Unconsolidated, Undrained
ASTM D 2850 - each
7132 By Quote
Unconfined Compression Test
ASTM D 2166 - each
7129 $80
Unconfined Compression Test with
Graph,
ASTM D 2166 - each
7134 $138
7140 Material finer than #200 Sieve
Fine & Course - ASTM D1140, each
$114
7141 Material finer than #200 Sieve
Fine only - ASTM C117, each
$57
7142 Material finer than #200 Sieve
Fine & Course up to 1/2” - ASTM C117, each
$114
7143 Particle Size Distribution (Gradiation) $201
Fine Only, ASTM D6913, each
7144 Particle Size Distribution (Gradiation)
Fine & Course, ASTM D6913, each
$257
7146 Particle Size Distribution (Gradiation)
Fine Grined Soils (Hydrometer) Analysis
ASTM D7929, each
$263
California Bearing Ratio
With re-test ASTM D 1883, per set
7145 $800
Foundation Testing
Direct Shear Test, ASTM D 3080:
Soil Properties
26 ASTM C566 (per sample)
7147 Moisture Content $53
Fine Aggregate ASTM C117 (per sample)
7148 Amount Of Material finer than No 200 $53
Course Aggregate ASTM C117 (per sample)
7149 Amount Of Material finer than No 200 $105
400
CODE COST CODE COST
16 Soil
Extra charge of 150% of the unit cost will be applied for tests requested within 24 hrs, and 300% for test requested same day if the ASTM allows for the following test:
Loss on Ignition
ASTM D 2974 - each
7040 $86
Bulk Specific Gravity
ASTM D 4531 - each
7041 $51
Classification
ASTM D 4427 - each
7038 $229
Absorption
ASTM D 2980 - each
7044 $23
7043 pH $51
ASTM D 2976 - each
ASTM C117, ASTM D1140
ASTM C29 (Unit Weight only)
Peat Moss
ASTM D1557, Method A
ASTM C136
27 401
600,000 Pound Machine (Compression
only), including set-up time
per hour
4402 $365
1,100,000 Pound Machine (Universal),
including set-up time
per hour
4462 $1,029
120,000 Pound Machine (Instron),
including set-up time
per hour
4501 $389
450,000 Pound Machine (Instron),
including set-up time
per hour
4502 $503
Special Load Tests Up (2-techs+1
engineer crew)
per hour
4405 $572
Special Test Set-Up (2-techs+1
engineer crew)
per hour
4422 $515
4400 20,000 to 120,000 Pound Machine $274
(Universal), including set-up time
per hour
4401 440,000 Pound Machine (Universal), $309
including set-up time
per hour
4541 400,000 Pound Machine (Test mark), $365
including set-up time
per hour
Static Loading, 22-inch diameter or
smaller
each
4423 $171
Static Loading, greater than 22-inches
and less than 36-inches in diameter
each up to 400k lbs
4557 $229
each up to 400k lbs
Static Loading, greater than 36-inches in
diameter
4558 $343
each
4424 Weight of Manhole Samples $57
each
Cyclic Loading - (3-5 cycles) up to
22-inches in diameter
4732 $343
each
4468 Cyclic Loading - (10 cycles) $629
4730 Cyclic Loading (3-5 cycles) $458
each
4731 L.A City S-601 - ASTM D2486 $972
Up to 100,000 lb.
each
4411 $86
each
4412 100,001 to 200,000 lb. $114
each
4410 200,001 to 400,000 lb. $286
each
4140 Greater than 400,000 lb. $515
4418 Strain Gauge Testing $428+
Special Testing, Load Tests, Flexural,
Bend, Impact, Axial, Racking Shear
4420 $9,148+
Tensile Test -- Mechanical Non-Printout
Extensometer for Strain
each
4432 $171
Tensile Test -- Electronic Extensometer
with Recorded Printout
1 Test
4433 $257
Mechanical Bend Test
each
4141 $86
Machining and Preparation of Samples
(shop)
per hour
4142 $458
Monotonic test including strain gauge
each
4559 $1,372+
*General Structural Monotonic Testing
Diaphragm Set-up
per hour
4703 $572
Diaphragm test
each
4479 $3,430
Monotonic Shear Wall Set Up
per hour
4704 $400
each
4556 Monotonic Shear Wall test $2,859
Cyclic Set-up
per hour
4705 $525
Cyclic Shear Wall Test
each
4438 $4.003
Cyclic AC133 or similar Test
each
4706 By Quote
Cyclic FM1950 or similar Test
each
4707 By Quote
Cyclic Set-up
per hour
4143 $1,372
per hour
4144 Cyclic Shear Wall Test $1,716
Manhole Cover and Tree Grate Tests, (L.A. City)
Mechanical Testing Services
Tensile Test -- No Strain Measurement, Yield by Halt
of Dial, no report included
*General High Cyclic/ Fatigue Testing - > 1,000 cycles, up to 0.5 Hz
* General Low Cyclic/ Fatigue Testing - < 1,000 cycles – Components or Assemblies
Structural Testing
28 CODE COST CODE COST
17 Structural Testing
each
4504 Bearing Pad Load Test $800
4734 Cylic Loading with Data Processing $560
3 Locations
4735 LA City Impact Test Manhole $350
402
CODE COST CODE COST
17 Structural Testing (continued)
4710 Flexural or similar Test $2,287
Each
4711 Flexural and Compression or similar $2,859
Test
Each
4712 Static/ Shear or similar Test $2,058
Each
4733 Permanent Railing Systems, Guards, $572
and Balustrades ASTM E935 Load Test
Each
Note : *Prices subject to change depending of complexity of sample
ICC-ES AC166 Test or Similar (including DAQ) – Diaphragm Up to 20-ft by 20-ft
4715 Wind Driven Rain or similar Test $4,574+
each
4713 $515
Per Hour
ICC-ES- AC166 or similar Set-up
4714 $3,430+
Each
Roof Diaphragm or similar Test
Moment Frame Connection or similar
Set-up
per hour
4560 $458
each
Moment Frame Connection or similar
Test
4555 $458+
Component Compression or similar
Set-up
per hour
4561 $400
each
Component Compression or similar
Test
4440 $800+
each
4441 Component Shear or similar Test $1,143+
each
4442 Component Flexural or similar Test $800+
Component Shear, or Similar Setup
per hour
4562 $458
4563 Component Flexural or similar Set-up $400
per hour
each
8108 Uniform Load or similar Test 1,716+
4564 Uniform Load or similar Set-up $572
per hour
Hydrostatic Testing or similar Set-up
per hour
4565 $572
Hydrostatic Testing or similar Test
each
4429 $1,716+
4570 Slip Coefficient Test (RCSC + 5 tests) $4,859
per set of 3 tests
4571 $6,003
per set of 3 tests
Tension Creep Test (RCSC + 3 tests)
4444 Connection Testing, NCMA Test Method $400+
SRWU-1
each
4445 Shear Strength Testing, NCMA Test $400+
Method SRWU-l
each
4446 ICC ES Product Evaluation Services By Quote
4447 CISCA Product Evaluation Services By Quote
4448 AAMA Product Evaluation Services By Quote
ATC 24, FEMA 350, FEMA 450 Product
Evaluation Services
4449 By Quote
Code Consulting or similar
per hour
3095 $201
ICC ES/IAS Fabricator Quality
Assurance Services
per hour
3090 $201
3092 IAPMO Product Consulting Services By Quote
Uniform ES and ICC ES Product
Consulting Services
3091 By Quote
3094 ATC 24, FEMA 350, FEMA 450 Product
Consulting Services
By Quote
3093 AAMA Product Consulting Services By Quote
Test Procedure/Protocol Elaboration
per hour
4150 $171
4151 Special Sampling at fabrication plant $515
per hour
4152 $601
per hour
Special field test setup (2-Techs + 1
Engineer Crew)
4153 $601
per hour
Special field load test (2-Techs + 1
Engineer Crew)
4154 $138
per hour
Computer DAQ/Amplifiers
4155 Load Cell or transducer $57
4156 Guardrail Load Test By Quote
5101 $1.00
per hour
Mileage
Note : *Prices subject to change depending of
complexity of sample
Testing for Coatings used in Slip-Critical Bolted
Connections
General Structural Field Testing
Product Evaluation Services
Product Consulting Services
Geogrid Testing
2927
4708 ASTM E72 or similar Set-up $314
Per Hour
4709 Compression or similar Test $3,430
Each
* ASTM E72 Test or Similar (Including DAQ) – Walls Up to 15-ft high
403
CODE COST CODE COST
18 Geotechnical & Environmental Services
Senior Professional (Registered Engr.)
per hour
7206 $250
per hour
7205 Project Manager $175
per hour
7207 Professional $185
per hour
7204 Project Professional (Registered Engr.) $225
per hour
7203 Staff Professional $175
per hour
7218 Certified Geologist By Quote
per hour
7200 Expert Witness By Quote
per hour
7209 Office Support $52
per hour
7208 Illustrator $55
per hour
7231 QSP “Qualified SWPPP Practitioner” $175
per hour
Senior Principal Professional
(Registered Engr.)
7201 $325
per hour
7202 Principal Professional (Registered Engr.) $275
7219 $65
per hour
Word Processor
per hour
Field Technician, Laboratory and Field
with density equipment, Regular Time
7212 $125
per hour
7240 Environmental Technician, Regular Time $125
per hour
CalTrans Certified Technician with
density equipment, Regular Time
7274 $135
per hour
Supervising Technician, Laboratory and
Field with density equipment, Regular
Time
7214 $155
per hour
Soils Deputy Grading, or ICC Soils
Inspector, Regular Time
7563 $150
Pick-Up/Delivery
per hour (2-hours minimum)
7215 $75
Mileage
per mile
7313 $1.00
Travel Time
per hour
7235 $100
Facsimile
per page
7315 $3.00
Reproduction
per page
7225 $3.00
Report Surcharge
per copy
7317 $75
Cellular Telephone
per day
7319 $45
7300 Contracted Services-Drilling By Quote
Air Express/Over-night Delivery
each
7325 $45
7301 Contracted Services-Testing By Quote
7303 Contracted Services-Expenses By Quote
7302 Contracted Services Soul Vapor Wells
Instillation
By Quote
Administrative Charges
7234 Geotechnical Technician $145
Regular time -per hour
Professional Staff (Geotechnical Engineers, Geologists, Staff Specialist) Activity Cost
Field Staff
30 7308 Geotechnical Field Exploration By Quote
7338 Geotechnical Addendum Report By Quote
Final Report of Compacted Fill
(submitted at end of project, if required)
7305 By Quote
Support Equipment Foundation/Geological Investigations
7327 Nuclear Density Gage, Field Staff
per day
Sand Cone Kit
per day
7328 Field Staff
7125 Soil Sampling - Encore Sample Container
per container
$26
Foundation/Geological Investigations
per sample
7122 Tubes and Rings $16
404
CODE COST
18 Geotechnical & Environmental (continued)
Coring
each
7337 $86
Nylaflow Tubing
each
7339 $17
Note: * price might be higher depending of the property size/complexity
7349 $28
each
Encore Sampler
Tedlar Bags
each
7336 $28
Sampling Equipment
7335 Sample Jars $28
each
7340 Report Preparation By Quote
7321 Soil Vapor Survey, Soil Sampling By Quote
7320 Health and Safety Plan By Quote
7350 Transaction Screen Report (TSA) By Quote
(ASTM E 1528-14)
7326 Tank Removal/Closure Report By Quote
7323 *Property Condition Report By Quote
(ASTM E 2018-08)
7329 Groundwater Sampling Report By Quote
7334 Import/Export Soil Testing By Quote
7306 Site Assessments Phase I $2,100+
(ASTM E 1527-13)
7307 Site Assessments Phase II $5,250+
(ASTM E 1903-19)
7237 RSRA Desktop Review $1,050
7238 Transaction Screen Reports $1,260+
7239 Air Quality Assessments By Quote
7351 Hazardous Material Assessment By Quote
Waste Management and Disposal
Planning
7352 By Quote
Environmental Monitoring and Data
Collection
7353 By Quote
Water Quality Monitoring and
Asssessments
7354 By Quote
7351 Hazardous Material Assessment By Quote
7352 Waste Management Disposal Planning By Quote
Environmental Monitoring And Data
Collection
7353 By Quote
Water Quality Monitoring &
Assessment
7354 By Quote
Brownfield Redevelopment Planning &
Support
7355 By Quote
Environmental Investigations & Reports
Air Monitoring Equipment
per day
7216 $143
Magnetometer Equipment
per day
7309 $114
7316 Water Monitoring Equipment $57
7311 Water Pump and Generator $263
per day
Level B
per person, per day, plus hourly rate
7228 By Quote
Level A
per person
7227 By Quote
Level C
per person, per day, plus hourly rate
7229 $137
7217 Health and Safety Supplies $171
per day
Support Equipment Environmental
Health Safety Equipment:
31 CODE COST
405
CODE COST CODE COST
18 Chemical Services Organic Analyses
Manager, Supervisor, or Consultant
per hour
6409 By Quote
Chemist
per hour
6406 By Quote
Clerical Assistant
per hour
6432 By Quote
6403 Calculation Charge By Quote
6418 Report Preparation Charge By Quote
6424 Sample Preparation By Quote
Sample Composite
per sample
6425 By Quote
6421 Sample Disposal By Quote
Sample Transport
per hour
6427 By Quote
6433 Shipping Charges By Quote
6435 Equipment Rental By Quote
6420 Photography By Quote
6511 Standard Report/QC Package By Quote
6512 Diskette Surcharge By Quote
6513 EDF Surcharge By Quote
NEESA, Army Corps of Engineers,
CLP, Etc., Surcharge
6514 By Quote
Technician
per hour
6430 By Quote
Mileage
per mile
6415 By Quote
Automatic Composite Sampler
per 24-hour
6400 By Quote
Discharge Flow Measurement
each
6412 By Quote
5035 Encore (5g)
each
6533 By Quote
5035 Sampling Tool
each
6435 By Quote
6534 5035 Easy Draw By Quote
6434 Sample Containers By Quote
6535 Rush Surcharge, 72 Hours By Quote
6540 Rush Surcharge, 48 Hours By Quote
6530 Rush Surcharge, 24 Hours By Quote
6545 Rush Surcharge, Same Day By Quote
Field Sampling
Chemical
Supplies
Rush Analyses
6201 EPA 1664 TRPH By Quote
6236 EPA 1664 Oil and Grease By Quote
6237 Oil & Grease, Floatable By Quote
6258 EPA 418.1 TRPH By Quote
6268 EPA 8015B TPH-Gasoline By Quote
6269 EPA 8015B TPH-Diesel By Quote
6267 EPA 8015B TPH-Gasoline and Diesel By Quote
6210 LUFT – Gasoline and Diesel By Quote
6263 EPA 8015B TPH-Hydrocarbon Range By Quote
6264 EPA 8015B Methanol/Ethanol By Quote
6202 EPA 602 or 8021B BTEX By Quote
6203 EPA 8015B/8021B
Combination-Gasoline
By Quote
6250 EPA 624 / 8260B Volatile Organics By Quote
6249 EPA 524 Volatile Organics By Quote
6216 EPA 625 or 8270C Extractable
Organics
By Quote
6242 EPA 608 or 8082 PCBs Water or Soil By Quote
6244 EPA 8082 PCBs Oil By Quote
6206 EPA 608 or 8081A Chlorinated
Pesticides
By Quote
Mobile Laboratory Services
6243 EPA 608 or 8082 / 8081A PCBs and
Pesticides
By Quote
6218 Flash Point By Quote
6246 Petroleum Analysis By Quote
6260 Identification/Interpretation of
Spectrum/Fingerprint.
By Quote
6204 EPA 5035 or 5030, 8260B Gasoline
and Volatile Organics
By Quote
6205 EPA 8270 SIM - Polycyclic Aromatic
Hydrocarbons (PAHs)
By Quote
6208 EPA 8260 – Soil Vapor (CHHSL) By Quote
6211 Ambient/Indoor/Outdoor Air By Quote
6460 Mobile Lab per 10 hour weekday By Quote
Mobile Lab
per 10 hour weekend
6465 By Quote
Mobile Lab hours
in excess of 10 hours
6461 By Quote
6467 Mobilization fee By Quote
6439 Mobile Lab Standby Time By Quote
6468 Mobile Lab Cancellation By Quote
Organic Chemistry
19a
32 406
CODE COST
19b Inorganic Analysis (chemical continued)
6001 Alkalinity By Quote
6002 Ammonia, Direct By Quote
6004 Ammonia, Distillation By Quote
6003 Anions (F, Br, Cl, NO3, NO2, SO4, PO4) By Quote
6006 Biochemical Oxygen Demand (BOD) By Quote
6008 Chemical Oxygen Demand (COD) By Quote
6012 Chloride, Argentometric By Quote
6014 Chlorine, Residual By Quote
6016 Color By Quote
6018 Conductance By Quote
Cyanide, Amenable
*(surcharge to Total cyanide)
6022 By Quote
6024 Cyanide, Free By Quote
6028 Cyanide, Total By Quote
6026 Cyanide, Reactive By Quote
6050 Hardness By Quote
6070 Mercaptans By Quote
6082 Nitrogen, Kjeldahl By Quote
6096 Oxygen, Dissolved By Quote
6012 pH, Aqueous By Quote
6097 Phosphorous By Quote
6099 Perchlorate By Quote
6104 Phenols By Quote
6148 Salinity – NaCl By Quote
6132 Solids, Total Dissolved By Quote
6126 Solids, Settleable By Quote
6128 Solids, Suspended By Quote
6130 Solids, Total By Quote
6131 Solids, Volatile By Quote
6138 Sulfide, Dissolved By Quote
6140 Sulfide, Reactive By Quote
6142 Sulfide, Total By Quote
6134 Sulfate, Gravimetric By Quote
6150 Surfactants, MBAS By Quote
6100 pH, Non-aqueous By Quote
6098 Parr Oxygen Bomb By Quote
6158 Thiosulfate By Quote
6174 Turbidity By Quote
6030 Digestion, Aqueous By Quote
6032 Digestion, Nonaqueous By Quote
6036 STLC Extraction. By Quote
6034 EP-Tox By Quote
6154 TCLP Extraction By Quote
VOC Extraction ZHE, (STLC and/or
TCLP)
6155 By Quote
6168 Calcium Oxide By Quote
6072 Individual Metals, per element By Quote
6073 Low Level Hexavalent Chromium By Quote
6052 Hexavalent Chromium By Quote
6043 Trivalent Chromium By Quote
6404 Iron (Ferrous) By Quote
6069 Total Lead By Quote
6068 Lead in Paint By Quote
6162 TTLC CAM Metals By Quote
6160 STLC CAM Metals By Quote
6118 RCRA Metals By Quote
6112 Priority Pollutant Metals By Quote
6067 Drinking Water Analysis Metals By Quote
6071 TAL Metals (23) By Quote
6300 Asbestos Analysis. By Quote
6344 Misc. Analyses By Quote
6345 1, 4 -Dioxane By Quote
6346 EPA 8310 PAHS By Quote
6224 EPA 504 EDB By Quote
6209 Organophosphorus Pesticides By Quote
6254 Total Organic Carbon By Quote
6500 Coliform, fecal By Quote
6505 Biotoxicity, aqueous By Quote
6515 Biotoxicity, nonaqueous By Quote
6516 Coliform, total By Quote
6207 EPA 8151A Chlorinated Herbicides By Quote
6254 Total Organic Carbon By Quote
6272 Water by Karl Fischer titration By Quote
6020 Construction Materials Analysis By Quote
FDA Testing of Lead and Cadmium,
Proposition 65
6038 By Quote
6266 EPA 24 – VOC per AQMD By Quote
Metals Analysis
Metals Preparation
VOC Testing
Outside Laboratory Services
FDA Testing of Lead and Cadmium, Proposition 65
Metals Group Determinations
33 CODE COST
407
On occasion we are asked to perform administrative services outside of our normal business activity. Under these circumstances, such services will be billed at the rates below. These services will be performed only at the request of the client.
COST CODE COST
Administrative Support 7% Of Invoice
By Quote
50-100%
*Generally for Compression Testing of Concrete, Base Plate Grout, Masonry Mortar and Grout, as well as Tension and Bend Testing of Reinforcing Steel.
$4
(per report, per copy)
Administrative Support for Special $154
Projects, Certified Payroll/ Labor
Administrative Office Support By Quote
$75
Report Surcharge $57
$57
Insurance, Extra Charges as ordered by By Quote
Report Copy Charge $5
$4
Minor Report Revision $28
Processing Certificates, Affidavits, & At Cost
Notary Services
Shipping Charges At Cost
Air Express/Delivery Cost + 25%
Contracted Services Cost + 25%
34 CODE
4443
9111
4812
9110
3074
3075
3076
3077
3080
3081
3079
3079
3089
3082
3084
3085
3087
20 Administrative Fees
Final Report
General Testing
(Rush Charges)
*Report Charge
Compliance
Task Tracking
(per copy)
File Retrievel
(per file)
Client
(per sheet)
Reproduction
(per page)
(minimum)
(each)
(each)
408
- 1 -
4914-9982-7535 v3
AGREEMENT FOR SERVICES
ACCESSIBILITY AND BUILDING ENVELOPE CONSULTING SERVICES
FOR CIVIC CENTER PROJECT
This Agreement for Services (“Agreement”) is entered into as of this ____ day of _________, 2025 by and between the City of Eastvale, a municipal corporation (“City”) and Walker Consultants, a ___________________ (“Consultant” or “Walker”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City is undertaking a major construction project involving the construction of a new civic center at Eastvale City Hall, 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752. This project consists of a new Civic Center for the City of Eastvale, California consisting of a 2-story Public Library, 3-story City Hall and a 2-story Police Station with 1 level of below grade secured parking. The northwest of the site will be occupied by a Public Park which includes an Amphitheater. The project is known as the “Eastvale Civic Center Project,” and is referred to herein as the “Project.” B. City requires professional assistance relating to the Project.
C. City has sought, by direct negotiation the performance of the services defined and described particularly in Section 2 of this Agreement.
D. The Parties desire to formalize the selection of Consultant 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 36 months commencing on the date first ascribed above. If the engagement of Consultant is not extended by mutual written consent of City and Consultant, then this Agreement shall be terminated at the end of the Term, provided that Consultant shall not be relieved of any of the obligations or covenants contained in this Agreement until the tasks provided for within the Scope of Services, and any Additional Services expressly agreed to, have been completed. It is further provided that the obligations or covenants contained in Sections 6, 7, 15-18, 20, 24-34 shall continue in full force and effect after termination of this Agreement due to completion, end of Term, or termination by the parties.
28th July Corporation
409
- 2 -
4914-9982-7535 v3
SECTION 2. SCOPE OF SERVICES.
Consultant agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
During the period of this Agreement, upon request by City, Consultant, shall provide information related to Services that is reasonably necessary to assist City in its coordination of the efforts of others performing services related to the Services or Project.
Consultant shall, at no cost to City, prepare any necessary rework occasioned by Consultant’s failure to provide the services specified in Exhibit A in a satisfactory manner, due to any act or omission attributable to Consultant, or its agents, including subconsultants and subcontractors.
SECTION 3. ADDITIONAL SERVICES.
Consultant shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Ninety-Nine Thousand dollars ($99,000.00), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. (b) Each month Consultant 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. Subconsultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Consultant 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 Consultant for correction and resubmission. In the event that a payment dispute arises between the 410
- 3 -
4914-9982-7535 v3
parties, Consultant shall provide to City full and complete access to Consultant’s labor cost records and other direct cost data, and copies thereof if requested by City. (c) City may withhold payment of a portion of an invoice because of defective work not remedied or because of unsatisfactory work performed by Consultant. When the foregoing grounds are removed by Consultant, payment shall be made for amounts withheld because of them.
(d) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within thirty (30) days of receipt of Consultant’s correct and undisputed invoice. (e) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. (f) In no event shall Consultant be entitled to compensation over and above the original fee identified in Section 4(a) where changes in the scope of services or the time for performance are necessitated by the acts of or failures to act of Consultant, or any subconsultant or subcontractor agent, or other person performing under it.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Consultant’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 Consultant’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, software, systems, networks, data, reports, estimates, opinions, recommendations, specifications, reports, estimates, summaries, files and other documents (collectively “Files”) prepared, developed or discovered by Consultant 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 Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to City all such Files.
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 Consultant in the course of providing the Services pursuant to this Agreement, Consultant’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, 411
- 4 -
4914-9982-7535 v3
photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
All final work product developed by Consultant 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 Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to City all such final work product if paid for by the City. This provision specifically excludes Consultants’ work notes and drafts, which are owned by Consultant, not City.
SECTION 7. CONSULTANT'S BOOKS AND RECORDS.
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to the Services, including expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Consultant 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 Consultant'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 Consultant’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 Consultant’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 CONSULTANT.
412
- 5 -
4914-9982-7535 v3
(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise.
(b) The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’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 Consultant or any of Consultant’s personnel.
Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s personnel are in any manner officials, officers, or employees of City. (c) Neither Consultant, nor any of Consultant’s personnel shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant, its officers, employees, agents, subcontractors, or subconsultants, may have to any such rights. Consultant’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 Consultant, its officers, employees, agents subcontractors, or subconsultants, 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.
Consultant 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. Consultant 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, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Consultant under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Services” that shall also be applicable to Consultant’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.
City’s review of software, systems, networks, drawings, designs, specifications, reports, opinions, recommendations and incidental consulting work or materials furnished under this Agreement will not in any way relieve Consultant of responsibility for the professional and/or technical adequacy of its work. Neither City’s review, acceptance of, nor payment for, any of the services will be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.
413
- 6 -
4914-9982-7535 v3
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Consultant 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. Consultant shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement at Consultant’s sole cost unless otherwise specified 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 Consultant to comply with this section.
SECTION 11. PREVAILING WAGE & LABOR LAWS
Consultant shall keep itself fully informed of, and at all times shall observe and comply with, all applicable provisions of federal, state, and local laws, ordinances, and regulations which in any manner affect those engaged or employed on any work, or the materials and equipment that may be used in any work, or in any way affect the performance of any work, and of all orders and decrees of agencies having any jurisdiction or authority over work performed under this Agreement including, but not limited to, those related to equal opportunity employment and the following:
(a) Prevailing Wage: To the extent that the work and services, or any portions thereof, to be provided by Consultant or its subcontractors or subconsultants under this Agreement is subject to California prevailing wage laws, Consultant shall pay prevailing wages to its Employees on any agreement in excess of one-thousand dollars ($1,000.00).
Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Agreement, as determined by the Director of the State of California Department of Industrial Relations, are on file at the District’s Offices, and may be obtained from the California Department of Industrial Relations website, [http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm]. Consultant shall comply with the eight (8) hours per day, forty (40) hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code. Consultant and all subcontractors or subconsultants shall keep and maintain accurate employee payroll records for work and services performed under the Agreement. The payroll records shall be certified and submitted as required by law, including Labor Code Sections 1771.4 (if applicable) and 1776, including to the Labor Commissioner, no less frequently than monthly. Consultant shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement. If the Agreement exceeds two-thousand dollars ($2,000) and is funded with federal funds, then Consultant shall pay federal Davis Bacon wages and comply with applicable federal requirements. (b) Consultant shall comply with Section 12101 through 12901 of Title 22, California Administrative Code. Consultant shall warn all persons at the work site of their exposure to chemicals known to the state to cause cancer or birth defects or other reproductive harm. Consultant shall be responsible for compliance by its subcontractors or subconsultants with this article.
414
- 7 -
4914-9982-7535 v3
(c) Consultant stipulates and agrees that pursuant to the provisions of Labor Code, Sections 1810 through 1815, eight (8) hours labor shall constitute a legal day's work, and no worker shall be required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) calendar week, except as provided under Section 1815. Nothing in this provision shall be construed to relate to wage determination or in any way affect contractual provisions related to compensation. (d) Notwithstanding the Labor Code provisions set forth above, pursuant to Labor Code, Section 1815, work performed by employees of Consultant in excess of eight (8) hours per day and forty (40) hours during any one (1) week shall be permitted provided that compensation shall be made for all hours worked in excess of eight (8) hours per day at no less than one and one-half (1-1/2) times the basic rate of pay. (e) Consultant shall be allowed to substitute securities for any monies withheld to ensure performance under this Agreement pursuant to Section 22300 of the California Public Contracts Code.
(f) To the extent required, Consultant shall be licensed under the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California, and all other applicable federal, state, and local requirements to do the type of work contemplated in this Agreement and shall be skilled and regularly engaged in the general class or type of work called for under the Agreement.
If any discrepancy or inconsistency should be discovered between the Agreement and any law, ordinance, regulation, order, or decree, Consultant shall immediately report the same in writing to Central San. Consultant shall require and be responsible for the compliance by subcontractors and subconsultants of all tiers with the above provisions of this article.
Failure of Consultant to comply with this Section 11, or any federal, state, and local laws, ordinances, and regulations which in any manner affect those engaged or employed on any work, or the materials and equipment that may be used in any work, or in any way affect the performance of any work, and of all orders and decrees of agencies having any jurisdiction or authority over work performed under this Agreement, shall constitute a material breach of this Agreement.
(g) Consultant shall perform the work in full compliance with applicable local, state, and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete responsibility during the course of completion of the Services for job site safety of Consultant’s employees, subcontractor’s employees, and subconsultant’s employees and their property, applicable at all times, and not limited to normal working hours.
Nothing in this Section requires Consultant to be responsible for job site safety of City’s property or City’s personnel or the property or personnel of any third parties over which Consultant has no authority or control.
415
- 8 -
4914-9982-7535 v3
SECTION 12. NONDISCRIMINATION.
Consultant 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.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant 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, Consultant 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) Consultant 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 Consultant’s performance of the Services. Consultant 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, subcontractor, or subconsultant without the express written consent of the City Manager.
Consultant 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 Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant 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 Consultant will perform nonrelated 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 dealings of the parties under this Agreement, as well as information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential by Consultant, unless such information is in the public domain or already known to Consultant. Consultant 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. 416
- 9 -
4914-9982-7535 v3
(b) Consultant, its officers, employees, agents, subcontractors, or subconsultants, 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 Consultant gives City prompt notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent, subcontractor, or subconsultant of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant’s conduct.
Consultant shall promptly notify City should Consultant, its officers, employees, agents, subcontractors, or subconsultants, 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 Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant.
However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Consultant shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
SECTION 16. INDEMNIFICATION; LIMITATION OF LIABILITY.
Indemnification for Professional Liability. Where the law establishes a professional standard of care for Consultant’s services, to the fullest extent permitted by law, Consultant 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) that 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 Consultant, or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees, subconsultants, or subcontractors of Consultant, 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, Consultant shall indemnify, protect, defend and hold harmless City, and any and all of its employees, 417
- 10 -
4914-9982-7535 v3
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 Consultant, or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees, subconsultants, or subcontractors of Contractor. (c) Indemnification from Subcontractors and Subconsultants. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor, subconsultant, or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant 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 Consultant and shall survive the termination of this Agreement or this section. (d) Indemnification from Design Professionals. Consultants meeting the definition of a design professional, per California Civil Code § 2782.8(c), shall indemnify, protect, defend and hold harmless City, and any and all of its officials, employees and agents, from and against any and all claims, demands, costs, or liability that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant. (e) Intellectual Property Indemnification. City does not authorize the impermissible use of any patent or the reproduction of any copyrighted material by Consultant which exceeds “fair use” in the performance of this Agreement. Consultant is solely responsible for any such infringement. Consultant shall indemnify, protect, defend and hold harmless City from any and all losses, damage, costs, expenses, and attorneys’ fees suffered or incurred as a result of or in connection with any claims or actions based upon infringement or alleged infringement of any patent, copyright, or trade secret, and arising out of the use of the equipment or materials utilized to perform under this Agreement or specified by or procured by Consultant, or out of the processes or actions employed by, or on behalf of, Consultant in connection with the performance of this Agreement.
(f) City’s Negligence. The provisions of paragraphs (a) to (e) of this Section 16 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. (g) Insurance. Submission of insurance certificates or submission of other proof of compliance with the insurance requirements does not relieve Consultant from liability under this Section. The obligations of this Section shall apply whether or not such 418
- 11 -
4914-9982-7535 v3
insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
(h) Limitation of City Liability.
Except as otherwise provided in this Agreement, City's obligations under this Agreement shall be limited to the payment of the compensation provided for in Section 4 of this Agreement,
Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract, tort or otherwise, for any special, consequential, indirect or incidental damages, lost profits or revenue, arising out of or in connection with this Agreement, or the Services described in Exhibit A.
City shall not be responsible for any damage to persons or property as a result of the use, misuse or failure of any equipment used by Consultant, or by any of its employees, even though such equipment be furnished, rented or loaned to Consultant by City. The acceptance or use of such equipment by Consultant or any of its employees shall be construed to mean that Consultant accepts full responsibility for and shall exonerate, indemnify, defend and save harmless City from and against any and all claims for any damage or injury of any type, including attorneys' fees, arising from the use, misuse or failure of such equipment, whether such damage be to Consultant, its employees, City employees or third parties, or to property belonging to any of the above.
Nothing in this Agreement shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which City or Consultant may have under this Agreement or any applicable law. All rights and remedies of City or Consultant, whether under this Agreement or other applicable law, shall be cumulative.
SECTION 17. INSURANCE.
Consultant agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Consultant 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 Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant’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, 419
- 12 -
4914-9982-7535 v3
including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize subcontractors or subconsultants.
SECTION 19. SUBCONSULTANTS; DESIGNATION AND CONTINUITY OF PERSONNEL.
(a) No subcontract shall be awarded or an outside consultant or subconsultant engaged by Consultant unless prior written approval is obtained from City. No additional approval shall be required for subcontracting with or engagement of any outside consultant or subconsultant set forth in an exhibit to this Agreement (Exhibit A), subject to subd. (b) below.
(b) If any subcontract is awarded or an outside consultant or subconsultant is engaged by Consultant to perform work and/or provide services that are subject to California prevailing wage laws, where such prevailing wage work was not initially anticipated, Consultant shall notify City in writing of the subcontract and/or outside consultant or subconsultant, the scope of work said subcontractor, subconsultant or outside consultant will perform, and any other information City deems reasonably necessary to complete and file the required Form PWC-100 or any other documents. (c) Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors or subconsultants, or outside consultants, if any, assigned to perform the Services. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, outside consultants, or subconsultants, if any, assigned to perform the Services prior to and during any such performance.
Consultant designates to have immediate responsibility for the performance of the Services and for all matters relating to performance under this Agreement. Consultant designates the following persons for the indicated functions:
Substitution of any of these assigned personnel shall require the prior written approval of City. If City determines that a proposed substitution is not acceptable, then, at the request of City, Consultant shall substitute with a person acceptable to City.
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 Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress. (b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.