PURPOSE
This policy establishes the target and minimum levels of fund balance to be maintained in various funds and to identify certain requirements for classifying fund balance in accordance with Governmental Accounting Standards Board (GASB) Statement No. 54, Fund Balance Reporting and Governmental Fund Definitions.
BACKGROUND
In March 2009, the Governmental Accounting Standards Board (GASB) issued Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions, to address issues related to how fund balance was being reported in governmental financial statements. The intent of the Statement is to bring greater transparency and consistency to fund balance reporting in the governmental sector.
The standard does not change the total amount of a given fund balance, but it substantially alters the categories and terminology used to describe the components of a fund balance. The new categories and terminology reflect an approach that focuses, not on financial resources available for appropriation within a fund, but on the extent to which the City is bound to honor constraints on the use of the funds. There are almost always limitations on the purpose for which all or a portion of the City’s fund balance resources can be used. The force of these limitations can vary significantly depending on their source. The various components of the fund balance reporting standard are designed to indicate the extent to which the City is bound by these limitations placed upon the resources.
SCOPE
The use of this policy is primarily focused within the City’s governmental funds: General Fund, Structural Fire Fund, General Capital Project Funds, and General Capital Replacement Funds. The City’s primary financial objective is to maintain the fiscal stability of the municipality. Fund balance is an important measure of economic stability. It is essential that the City maintain adequate levels of assigned and unrestricted fund balance to mitigate financial risk that can occur from unforeseen revenue fluctuations and unanticipated expenditures.
DEFINITIONS
Fund balance is the difference between the assets (what is owned) and liabilities (what is owed) reported in the City’s governmental funds. There are generally limitations on the purpose for which all or a portion of the resources of a governmental fund may be used. The force behind these limitations can vary significantly, depending upon their source. Consequently, the fund balance reported in the annual financial statements is categorized into five components whereby each component identifies the extent to which the City is bound to honor constraints on the specific purposes for which amounts in the fund can be spent. The five components of fund balance are as follows:
1. Nonspendable: Resources that are 1) not in spendable form, such as inventories, prepaids, long-term receivables, or non-financial assets held for resale, or 2) required to be maintained intact such as an endowment. However, nonspendable items that are 170
CITY OF EASTVALE
Administrative Policy
Policy No: A-23
Subject
Fund Balance Reserve Policy
Effective Date: 07/01/2026
restricted, committed or assigned when they become spendable are included in those respective categories.
2. Restricted: Resources that are subject to externally enforceable legal restrictions; these restrictions would be either 1) externally imposed by creditors (such as through debt covenants), grantors, contributors, or laws or regulations of other governments or 2) imposed by law through constitutional provisions or enabling legislation.
3. Committed: Resources that are constrained to specific purposes by a formal action of the City Council such as an ordinance or resolution. The constraint remains binding unless removed in the same formal manner by the City Council. Council action to commit fund balance must occur within the fiscal reporting period while the amount committed may be determined subsequently.
4. Assigned: Resources that are constrained by the City’s intent to be used for specific purposes, but that are neither restricted nor committed.
5. Unassigned: Residual resources, either positive or negative, in excess of what can be properly classified in one of the other four fund balance categories. Within all other governmental funds, the negative residual resources in excess of what can be properly classified as nonspendable, restricted, or committed.
The first two components listed above are not addressed in this policy due to the nature of their restrictions. Some examples of nonspendable fund balance are prepaid expenses, notes receivable, inventory and land held for resale. Restricted fund balance is either imposed by law or constrained by grantors, contributors, or laws or regulations of other governments. This policy focuses on financial reporting of unrestricted fund balance, the last three components listed above, committed, assigned, and unassigned.
POLICY
The City shall maintain minimum fund balances as described in detail below. This policy also requires that internal service funds be funded every fiscal year to ensure there is no deficit at June 30. Minimum fund balances are necessary to maintain the City’s credit worthiness and to adequately provide for:
• Economic uncertainties, local disasters and other hardships/downturns in the local economy
• Contingencies for unforeseen operating or capital needs • Cash flow requirements
1. Authority and Hierarchy
a. Commitment of Fund Balance: The City Council, as the City’s highest level of decision-making authority, may commit fund balance for specific purposes pursuant to constraints imposed by formal actions taken, such as an ordinance or resolution. These committed amounts cannot be used for any other purpose 171
CITY OF EASTVALE
Administrative Policy
Policy No: A-23
Subject
Fund Balance Reserve Policy
Effective Date: 07/01/2026
unless the City Council removes or changes the specified use through the same type of formal action taken to establish the commitment. City Council action to commit fund balance needs to occur within the fiscal reporting period; however, the amount can be determined subsequently.
b. Assigning Fund Balance: This policy delegates to the City Manager, or the City Manager’s designee, the authority to assign unrestricted fund balance amounts where the City’s intent is for those amounts to be used for specific purposes. This delegation of authority is for the sole purpose of reporting these amounts in the annual financial statements and holding funds for specific projects. Amounts will also be reported within the City’s Interim Financial Reports. Such assignments cannot exceed the available (spendable, unrestricted, uncommitted) fund balance in any particular fund.
c. Reporting Encumbrances: Encumbering amounts in governmental funds for specific purposes for which resources have already been restricted, committed or assigned should not result in a separate display of encumbered amounts.
Encumbered amounts for specific purposes for which amounts have not been previously restricted, committed or assigned, will be classified as committed or assigned, as appropriate, based on the definitions and criteria set forth in GASB Statement No. 54.
d. Hierarchy of Fund Balance: When multiple categories of fund balance are available for expenditure, the City will spend the most restricted funds first before moving down to the next category with available funds in the following order, assuming usable funds for the intended use are available in the category of fund balance:
i. Restricted
ii. Committed
iii. Assigned
iv. Unassigned
If funds in the most restrictive category are not available for a specific use, the next less restrictive category of funds will be utilized.
2. Assigned Reserves:
a. Assigned Operating Reserves and Usage:
i. Operating Reserve Fund Balance shall be used only to fund unanticipated needs and/or emergencies as described below:
1. Catastrophic Events and Major Disasters: Operating Reserves may fund the extraordinary operating costs, legal costs, and cash flow problems associated with delays in State and Federal
reimbursements for any catastrophic event and major disaster 172
CITY OF EASTVALE
Administrative Policy
Policy No: A-23
Subject
Fund Balance Reserve Policy
Effective Date: 07/01/2026
(natural or man-made) declared by the City Council of their designee, or by the State of California, or by the federal government that are nonrecurring expenditures.
2. Fiscal Emergencies: Operating Reserves may fund operating expenditures in the event of a fiscal emergency due to unforeseen changes to operating revenue streams.
ii. City Council must appropriate budget in order to utilize the operating reserve funds. A maximum of fifty percent of the prior year-ending balance in the Operating Reserve Fund may be drawn. At no time may the balance be less than 5 percent of the adopted annual appropriations for cash flow purposes.
b. General Fund Operating Reserve:
i. The City has established a General Fund “Operating Reserve” assigned fund balance policy, also known as the Emergency Contingency reserve. At the end of each fiscal year, the General Fund should have a minimum assigned fund balance of 50% of the current year’s General Fund annual budgeted operating expenditures, as calculated by the Finance Director to fully fund the “Operating Reserve.” This target amount has been established in order to provide a reasonable level of assurance that the City’s day-to-day operations will be able to continue even if circumstances occur where revenues are insufficient to cover expenditures. The General Fund’s “Operating Reserve” assigned fund balance policy is reported in the notes to the annual financial statements and is shown in the annual financial statements as “General Fund Operating Reserve” assigned fund balance. The “General Fund Operating Reserve” is also shown in Interim Financial Reports provided to the City Council.
c. Fire Fund Operating Reserve:
i. The City has established a Fire Fund “Operating Reserve” assigned fund balance policy. The Fire Fund Operating Reserve may be funded by one of two methods, only one method is necessary to meet the requirements of this policy:
1. At the end of each fiscal year, the Fire Fund should have a minimum assigned fund balance of 50% of the current year’s Fire Fund annual budgeted operating expenditures, as calculated by the Finance Director. This target amount has been established in order to provide a reasonable level of assurance that the City’s day-to-day Fire operations will be able to continue even if circumstances occur where revenues are insufficient to cover expenditures. The Fire Fund’s “Operating Reserve” assigned fund balance policy is 173
CITY OF EASTVALE
Administrative Policy
Policy No: A-23
Subject
Fund Balance Reserve Policy
Effective Date: 07/01/2026
reported in the notes to the annual financial statements and is shown in the annual financial statements as “Fire Fund Operating Reserve” assigned fund balance. The “Fire Fund Operating Reserve” is also shown in Interim Financial Reports provided to the City Council.
a.
d. At the end of each fiscal year, the General Fund should have a minimum assigned fund balance of 50% of the current year’s Fire Fund annual budgeted operating expenditures, as calculated by the Finance Director. This target amount has been established in order to provide a reasonable level of assurance that the City’s dayto-day Fire operations will be able to continue even if circumstances occur where revenues are insufficient to cover expenditures. The General Fund provided FireFund “Operating Reserve” assigned fund balance policy is reported in the notesto the annual financial statements and is shown in the annual financial statements as “Fire Fund Operating Reserve” assigned fund balance. The “Fire Fund Operating Reserve” is also shown in Interim Financial Reports provided to the City Council.
Capital Replacement and Maintenance Funds:
i. When a General Fund budget surplus is available, the General Fund will contribute to the Capital Replacement Funds for future maintenance and replacement of vital public infrastructure and equipment. These funds will be held in an assigned reserve. Annual contributions to the funds are as follows:
1. General Information Capital Replacement: $50,000
2. General Fleet Capital Replacement: $120,000
3. General Street Maintenance: $500,000
4. General Facility Maintenance: $250,000
5. General Catch Basin and Storm Drain Maintenance: $100,000 ii. The replacement and maintenance funds shall be capped in a method that retains available cash to fund emergency projects, but not in excessive amounts.
1. Maintenance funds shall be capped at 40% of the total five-year CIP or five-year planning document maintenance project costs.
2. Replacement funds shall be capped at 20% of the five-year CIP or five-year planning document replacement project costs.
iii. In deficit budget years, the General Fund will not contribute to the Capital Replacement and Maintenance Funds.
iv. Assigned fund balance in the Capital Replacement and Maintenance Funds shall not available to support operating expenditures of the General Fund, 174
CITY OF EASTVALE
Administrative Policy
Policy No: A-23
Subject
Fund Balance Reserve Policy
Effective Date: 07/01/2026
unless the expenditures are directly related to the replacement of capital or maintenance of infrastructure as the funds have been titled.
4. Unassigned Reserves:
a. The City has established a General Fund minimum unassigned fund balance policy.
At the end of each fiscal year, the General Fund shall have a minimum unassigned fund balance of 5% of the current year’s General Fund annual budgeted operating expenditures, as calculated by the Finance Director. This target amount has been established in order to provide contributions to the city’s special revenue funds that may complete the fiscal year with a negative fund balance. The General Fund’s minimum unassigned fund balance policy is reported in the notes to the annual financial statements and is shown in the annual financial statements as unassigned fund balance.
5. Replenishing Fund Balance Deficiencies in any Category of Fund Balance: When fund balance falls below thresholds set by this policy, the City Council must approve and adopt a plan to restore this balance to the target level within three years using the budget strategies described below:
i. Use of budget surplus
ii. Reduction to recurring expenditures to eliminate any structural deficit or, iii. Increase revenues or pursue other funding sources, or iv. A combination of the three options above
The progress of replenishment shall be reported in the annual budget.
6. Deficit Fund Balance: If a fund’s unassigned fund balance is not positive at any year-end, the City shall develop a funding plan and a timeframe to bring it into a positive state. The unassigned fund balance deficit in any fund shall be restored through the following mechanisms, in order of priority:
i. Reduction of (1) assigned fund balance levels, (2) committed fund balance levels;
ii. Transfer of unassigned fund balances from other related funds, if allowed.
7. Surplus Fund Balance: If all categories of fund balances are fully funded as described in this policy and both unrestricted and unassigned fund balance in any fund remains, it will be considered a surplus for the budgeted year. If unrestricted and unassigned fund balance of any fund exceeds this policy’s targets, the City Council may consider such fund balance surpluses to be used for (a) capital projects and equipment (b) pay down longterm obligations, and (c) one-time expenditures that are non-recurring in nature and which do not require additional future operating expenditure outlay for maintenance, additional staffing, or other recurring expenditure. Appropriation from the General Fund’s unassigned fund balance shall require the approval of the City Council.
SUMMARY & PRIORITY
175
CITY OF EASTVALE
Administrative Policy
Policy No: A-23
Subject
Fund Balance Reserve Policy
Effective Date: 07/01/2026
At the end of the fiscal year end close, the annual surplus fund balance, as defined above, in the General Fund will be automatically allocated as listed below. City Council may take action to override the priority list or change amounts. The list is in order of highest priority to lowest priority:
• 50% Assigned General Fund Operating Reserve;
• 50% Assigned Fire Fund Operating Reserve, unless funded by the Fire Fund fund-balances; • A cap of 50% of Debt service operating costs in a specific Debt Service reserve; • A cap of $2,500,000 for Pension Obligation;
• A cap of $3,000,000 for Public Safety Rate Increase Stabilization; • 5% retained in General Fund Balance unassigned reserves; • $500,000 to General Street Maintenance, capped at 40% of the five-year CIP street maintenance projected costs;
• $250,000 to General Facility Maintenance, capped at 40% of the annual facility maintenance operating budget;
• $120,000 to General Fleet Capital Replacement, capped at 20% of the five-year CIP fleet replacement costs;
• $50,000 to General Information Capital Replacement, capped at 20% of the five-year equipment replacement cost;
• $100,000 to General Catch Basin and Storm Drain Maintenance, capped at 40% of the five-year CIP street maintenance projected costs;
Annual budget surplus for the Fire Fund will automatically be allocated as follows, unless City Council takes action to override the list or change amounts:
• 50% Assigned Fire Fund Operating Reserve, unless funded by the General Fund fundbalances
PROCEDURES
Implementation and Review
Upon adoption of this policy the City Council authorizes the Finance Department, under direction of the City Manager, to establish standards and procedures which may be necessary for its implementation. The Finance Director reviews this policy annually with the City Manager’s Office and recommends updates to the City Council for adoption when necessary.
RESPONSIBILTIES
1. City Council:
a. Set and adopt fund balance policy
b. Establishes committed funds
c. Approve budgeted expenditure appropriations from any reserve fund
2. City Manager:
a. Determine appropriate levels of fund balance in accordance with adopted policy 176
CITY OF EASTVALE
Administrative Policy
Policy No: A-23
Subject
Fund Balance Reserve Policy
Effective Date: 07/01/2026
3. Finance:
a. Finance Director to assign specific amounts for financial reporting purposes b. Responsible for recording amounts according to adopted policy c. Responsible for ensuring that fund balance is properly reported in the City’s Annual Comprehensive Financial Report (ACFR)
d. Annual review of policy
This policy has been prepared in accordance with Governmental Accounting Standards Board (GASB) Statement No. 54. No other policy or procedure supersedes the authority and provisions of this policy.
177
CITY OF EASTVALE
Administrative Policy
Policy No: A-23
Subject
Fund Balance Reserve Policy
Effective Date:
01/22/202507/01/2026
PURPOSE
This policy establishes the target and minimum levels of fund balance to be maintained in various funds and to identify certain requirements for classifying fund balance in accordance with Governmental Accounting Standards Board (GASB) Statement No. 54, Fund Balance Reporting and Governmental Fund Definitions.
BACKGROUND
In March 2009, the Governmental Accounting Standards Board (GASB) issued Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions, to address issues related to how fund balance was being reported in governmental financial statements. The intent of the Statement is to bring greater transparency and consistency to fund balance reporting in the governmental sector.
The standard does not change the total amount of a given fund balance, but it substantially alters the categories and terminology used to describe the components of a fund balance. The new categories and terminology reflect an approach that focuses, not on financial resources available for appropriation within a fund, but on the extent to which the City is bound to honor constraints on the use of the funds. There are almost always limitations on the purpose for which all or a portion of the City’s fund balance resources can be used. The force of these limitations can vary significantly depending on their source. The various components of the fund balance reporting standard are designed to indicate the extent to which the City is bound by these limitations placed upon the resources.
SCOPE
The use of this policy is primarily focused within the City’s governmental funds: General Fund, Structural Fire Fund, General Capital Project Funds, and General Capital Replacement Funds. The City’s primary financial objective is to maintain the fiscal stability of the municipality. Fund balance is an important measure of economic stability. It is essential that the City maintain adequate levels of assigned and unrestricted fund balance to mitigate financial risk that can occur from unforeseen revenue fluctuations and unanticipated expenditures.
DEFINITIONS
Fund balance is the difference between the assets (what is owned) and liabilities (what is owed) reported in the City’s governmental funds. There are generally limitations on the purpose for which all or a portion of the resources of a governmental fund may be used. The force behind these limitations can vary significantly, depending upon their source. Consequently, the fund balance reported in the annual financial statements is categorized into five components whereby each component identifies the extent to which the City is bound to honor constraints on the specific purposes for which amounts in the fund can be spent. The five components of fund balance are as follows:
1. Nonspendable: Resources that are 1) not in spendable form, such as inventories, prepaids, long-term receivables, or non-financial assets held for resale, or 2) required to 178
CITY OF EASTVALE
Administrative Policy
Policy No: A-23
Subject
Fund Balance Reserve Policy
Effective Date:
01/22/202507/01/2026
be maintained intact such as an endowment. However, nonspendable items that are restricted, committed or assigned when they become spendable are included in those respective categories.
2. Restricted: Resources that are subject to externally enforceable legal restrictions; these restrictions would be either 1) externally imposed by creditors (such as through debt covenants), grantors, contributors, or laws or regulations of other governments or 2) imposed by law through constitutional provisions or enabling legislation.
3. Committed: Resources that are constrained to specific purposes by a formal action of the City Council such as an ordinance or resolution. The constraint remains binding unless removed in the same formal manner by the City Council. Council action to commit fund balance must occur within the fiscal reporting period while the amount committed may be determined subsequently.
4. Assigned: Resources that are constrained by the City’s intent to be used for specific purposes, but that are neither restricted nor committed.
5. Unassigned: Residual resources, either positive or negative, in excess of what can be properly classified in one of the other four fund balance categories. Within all other governmental funds, the negative residual resources in excess of what can be properly classified as nonspendable, restricted, or committed.
The first two components listed above are not addressed in this policy due to the nature of their restrictions. Some examples of nonspendable fund balance are prepaid expenses, notes receivable, inventory and land held for resale. Restricted fund balance is either imposed by law or constrained by grantors, contributors, or laws or regulations of other governments. This policy focuses on financial reporting of unrestricted fund balance, the last three components listed above, committed, assigned, and unassigned.
POLICY
The City shall maintain minimum fund balances as described in detail below. This policy also requires that internal service funds be funded every fiscal year to ensure there is no deficit at June 30. Minimum fund balances are necessary to maintain the City’s credit worthiness and to adequately provide for:
• Economic uncertainties, local disasters and other hardships/downturns in the local economy
• Contingencies for unforeseen operating or capital needs • Cash flow requirements
1. Authority and Hierarchy
a. Commitment of Fund Balance: The City Council, as the City’s highest level of decision-making authority, may commit fund balance for specific purposes 179
CITY OF EASTVALE
Administrative Policy
Policy No: A-23
Subject
Fund Balance Reserve Policy
Effective Date:
01/22/202507/01/2026
pursuant to constraints imposed by formal actions taken, such as an ordinance or resolution. These committed amounts cannot be used for any other purpose unless the City Council removes or changes the specified use through the same type of formal action taken to establish the commitment. City Council action to commit fund balance needs to occur within the fiscal reporting period; however, the amount can be determined subsequently.
b. Assigning Fund Balance: This policy delegates to the City Manager, or the City Manager’s designee, the authority to assign unrestricted fund balance amounts where the City’s intent is for those amounts to be used for specific purposes. This delegation of authority is for the sole purpose of reporting these amounts in the annual financial statements and holding funds for specific projects. Amounts will also be reported within the City’s Interim Financial Reports. Such assignments cannot exceed the available (spendable, unrestricted, uncommitted) fund balance in any particular fund.
c. Reporting Encumbrances: Encumbering amounts in governmental funds for specific purposes for which resources have already been restricted, committed or assigned should not result in a separate display of encumbered amounts.
Encumbered amounts for specific purposes for which amounts have not been previously restricted, committed or assigned, will be classified as committed or assigned, as appropriate, based on the definitions and criteria set forth in GASB Statement No. 54.
d. Hierarchy of Fund Balance: When multiple categories of fund balance are available for expenditure, the City will spend the most restricted funds first before moving down to the next category with available funds in the following order, assuming usable funds for the intended use are available in the category of fund balance:
i. Restricted
ii. Committed
iii. Assigned
iv. Unassigned
If funds in the most restrictive category are not available for a specific use, the next less restrictive category of funds will be utilized.
2. Assigned Reserves:
a. Assigned Operating Reserves and Usage:
i. Operating Reserve Fund Balance shall be used only to fund unanticipated needs and/or emergencies as described below:
1. Catastrophic Events and Major Disasters: Operating Reserves may fund the extraordinary operating costs, legal costs, and cash flow 180
CITY OF EASTVALE
Administrative Policy
Policy No: A-23
Subject
Fund Balance Reserve Policy
Effective Date:
01/22/202507/01/2026
problems associated with delays in State and Federal
reimbursements for any catastrophic event and major disaster (natural or man-made) declared by the City Council of their designee, or by the State of California, or by the federal government that are nonrecurring expenditures.
2. Fiscal Emergencies: Operating Reserves may fund operating expenditures in the event of a fiscal emergency due to unforeseen changes to operating revenue streams.
ii. City Council must appropriate budget in order to utilize the operating reserve funds. A maximum of fifty percent of the prior year-ending balance in the Operating Reserve Fund may be drawn. At no time may the balance be less than 5 percent of the adopted annual appropriations for cash flow purposes.
b. General Fund Operating Reserve:
i. The City has established a General Fund “Operating Reserve” assigned fund balance policy, also known as the Emergency Contingency reserve. At the end of each fiscal year, the General Fund should have a minimum assigned fund balance of 50% of the current year’s General Fund annual budgeted operating expenditures, as calculated by the Finance Director to fully fund the “Operating Reserve.” This target amount has been established in order to provide a reasonable level of assurance that the City’s day-to-day operations will be able to continue even if circumstances occur where revenues are insufficient to cover expenditures. The General Fund’s “Operating Reserve” assigned fund balance policy is reported in the notes to the annual financial statements and is shown in the annual financial statements as “General Fund Operating Reserve” assigned fund balance. The “General Fund Operating Reserve” is also shown in Interim Financial Reports provided to the City Council.
c. Fire Fund Operating Reserve:
i. The City has established a Fire Fund “Operating Reserve” assigned fund balance policy. The Fire Fund Operating Reserve may be funded by one of two methods, only one method is necessary to meet the requirements of this policy:
i.1. At the end of each fiscal year, the Fire Fund should have a minimum assigned fund balance of 7550% of the current year’s Fire Fund annual budgeted operating expenditures, as calculated by the Finance Director. This target amount has been established in order to provide a reasonable level of assurance that the City’s day-toFormatted 181
CITY OF EASTVALE
Administrative Policy
Policy No: A-23
Subject
Fund Balance Reserve Policy
Effective Date:
01/22/202507/01/2026
day Fire operations will be able to continue even if circumstances occur where revenues are insufficient to cover expenditures. The Fire Fund’s “Operating Reserve” assigned fund balance policy is reported in the notes to the annual financial statements and is shown in the annual financial statements as “Fire Fund Operating Reserve” assigned fund balance. The “Fire Fund Operating Reserve” is also shown in Interim Financial Reports provided to the City Council.
a. The Fire Fund Operating Reserve is calculated at 75% due to the limited resources available within the fund. The Fire Fund is wholly supported by property taxes and therefore is subject to more volatility than the City’s General Fund.
0. At the end of each fiscal year, the General Fund should have a minimum assigned fund balance of 50% of the current year’s Fire Fund annual budgeted operating expenditures, as calculated by the Finance Director. This target amount has been established in order to provide a reasonable level of assurance that the City’s day-today Fire operations will be able to continue even if circumstances occur where revenues are insufficient to cover expenditures. The General Fund provided Fire-Fund “Operating Reserve” assigned fund balance policy is reported in the notes to the annual financial statements and is shown in the annual financial statements as “Fire Fund Operating Reserve” assigned fund balance. The “Fire Fund Operating Reserve” is also shown in Interim Financial Reports provided to the City Council.
e.d. Capital Replacement and Maintenance Funds:
i. When a General Fund budget surplus is available, the General Fund will contribute to the Capital Replacement Funds for future maintenance and replacement of vital public infrastructure and equipment. These funds will be held in an assigned reserve. Annual contributions to the funds are as follows:
1. General Information Capital Replacement: $50,000
2. General Fleet Capital Replacement: $120,000
3. General Street Maintenance: $500,000
4. General Facility Maintenance: $250,000
5. General Catch Basin and Storm Drain Maintenance: $100,000 182
CITY OF EASTVALE
Administrative Policy
Policy No: A-23
Subject
Fund Balance Reserve Policy
Effective Date:
01/22/202507/01/2026
ii. The replacement and maintenance funds shall be capped in a method that retains available cash to fund emergency projects, but not in excessive amounts.
1. Maintenance funds shall be capped at 40% of the total five-year CIP or five-year planning document maintenance project costs.
2. Replacement funds shall be capped at 20% of the five-year CIP or five-year planning document replacement project costs.
iii. In deficit budget years, the General Fund will not contribute to the Capital Replacement and Maintenance Funds.
iv. Assigned fund balance in the Capital Replacement and Maintenance Funds shall not available to support operating expenditures of the General Fund, unless the expenditures are directly related to the replacement of capital or maintenance of infrastructure as the funds have been titled.
4. Unassigned Reserves:
a. The City has established a General Fund minimum unassigned fund balance policy.
At the end of each fiscal year, the General Fund shall have a minimum unassigned fund balance of 5% of the current year’s General Fund annual budgeted operating expenditures, as calculated by the Finance Director. This target amount has been established in order to provide contributions to the city’s special revenue funds that may complete the fiscal year with a negative fund balance. The General Fund’s minimum unassigned fund balance policy is reported in the notes to the annual financial statements and is shown in the annual financial statements as unassigned fund balance.
5. Replenishing Fund Balance Deficiencies in any Category of Fund Balance: When fund balance falls below thresholds set by this policy, the City Council must approve and adopt a plan to restore this balance to the target level within three years using the budget strategies described below:
i. Use of budget surplus
ii. Reduction to recurring expenditures to eliminate any structural deficit or, iii. Increase revenues or pursue other funding sources, or iv. A combination of the three options above
The progress of replenishment shall be reported in the annual budget.
6. Deficit Fund Balance: If a fund’s unassigned fund balance is not positive at any year-end, the City shall develop a funding plan and a timeframe to bring it into a positive state. The unassigned fund balance deficit in any fund shall be restored through the following mechanisms, in order of priority:
i. Reduction of (1) assigned fund balance levels, (2) committed fund balance levels;
183
CITY OF EASTVALE
Administrative Policy
Policy No: A-23
Subject
Fund Balance Reserve Policy
Effective Date:
01/22/202507/01/2026
ii. Transfer of unassigned fund balances from other related funds, if allowed.
7. Surplus Fund Balance: If all categories of fund balances are fully funded as described in this policy and both unrestricted and unassigned fund balance in any fund remains, it will be considered a surplus for the budgeted year. If unrestricted and unassigned fund balance of any fund exceeds this policy’s targets, the City Council may consider such fund balance surpluses to be used for (a) capital projects and equipment (b) pay down longterm obligations, and (c) one-time expenditures that are non-recurring in nature and which do not require additional future operating expenditure outlay for maintenance, additional staffing, or other recurring expenditure. Appropriation from the General Fund’s unassigned fund balance shall require the approval of the City Council.
SUMMARY & PRIORITY
At the end of the fiscal year end close, the annual surplus fund balance, as defined above, in the General Fund will be automatically allocated as listed below. City Council may take action to override the priority list or change amounts. The list is in order of highest priority to lowest priority:
• 50% Assigned General Fund Operating Reserve;
• 50% Assigned Fire Fund Operating Reserve, unless funded by the Fire Fund fund-balances; • A cap of 50% of Debt service operating costs in a specific Debt Service reserve; • A cap of $2,500,000 for Pension Obligation;
• A cap of $3,000,000 for Public Safety Rate Increase Stabilization; • 5% retained in General Fund Balance unassigned reserves; • $500,000 to General Street Maintenance, capped at 40% of the five-year CIP street maintenance projected costs;
• $250,000 to General Facility Maintenance, capped at 40% of the annual facility maintenance operating budget;
• $120,000 to General Fleet Capital Replacement, capped at 20% of the five-year CIP fleet replacement costs;
• $50,000 to General Information Capital Replacement, capped at 20% of the five-year equipment replacement cost;
• $100,000 to General Catch Basin and Storm Drain Maintenance, capped at 40% of the five-year CIP street maintenance projected costs;
Annual budget surplus for the Fire Fund will automatically be allocated as follows, unless City Council takes action to override the list or change amounts:
• 7550% Assigned Fire Fund Operating Reserve, unless funded by the General Fund fundbalances
PROCEDURES
Implementation and Review
184
CITY OF EASTVALE
Administrative Policy
Policy No: A-23
Subject
Fund Balance Reserve Policy
Effective Date:
01/22/202507/01/2026
Upon adoption of this policy the City Council authorizes the Finance Department, under direction of the City Manager, to establish standards and procedures which may be necessary for its implementation. The Finance Director reviews this policy annually with the City Manager’s Office and recommends updates to the City Council for adoption when necessary.
RESPONSIBILTIES
1. City Council:
a. Set and adopt fund balance policy
b. Establishes committed funds
c. Approve budgeted expenditure appropriations from any reserve fund
2. City Manager:
a. Determine appropriate levels of fund balance in accordance with adopted policy
3. Finance:
a. Finance Director to assign specific amounts for financial reporting purposes b. Responsible for recording amounts according to adopted policy c. Responsible for ensuring that fund balance is properly reported in the City’s Annual Comprehensive Financial Report (ACFR)
d. Annual review of policy
This policy has been prepared in accordance with Governmental Accounting Standards Board (GASB) Statement No. 54. No other policy or procedure supersedes the authority and provisions of this policy.
185
AGENDA STAFF REPORT
City Council Meeting
CONSENT CALENDAR
Agenda Item No. 11.6
June 24, 2026
Award Construc)on Contract to Pavement Coa)ngs Co. for the 2026 Residential Slurry Seal Project (CIP #94001)
Prepared By:
Jimmy Chung, Public Works Director/ City Engineer
Recommended Action(s)
Staff recommends that the City Council approve the following ac"ons for the 2026 Residen"al Slurry Seal Project (CIP #94001):
1. Award a Construction Contract to Pavement Coatings Co. in the amount of $1,135,502.94.
2. Authorize the City Manager to execute the Construc"on Contract and related documents, including the Notice of Completion.
3. Authorize City Staff to file a No"ce of Exemp"on from the California Environmental Quality Act.
Summary
The 2026 Residen
al Slurry Seal Project (CIP #94001) is an annual preventa"ve maintenance project designed to treat pavement on various residen"al streets throughout the City of Eastvale. Specific treatments such as crack sealing, slurry sealing, and cape sealing are applied to structurally sound pavements as a cost-effec"ve strategy to preserve their condi"on, extend their service life, and minimize future deterioration and repair costs.
The project includes both cape seal and slurry seal treatments across selected residen"al neighborhood roadways in addi"on to crack seal. Project loca"ons were iden"fied via a combina"on of the following: based on the City’s Pavement Management Plan, field inspec"ons by City staff, and coordina"on with inter-jurisdic"onal construc"on efforts. A detailed Project Loca"on Map is 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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provided as part of Attachment 1.
The project scope of work includes, but is not limited to:
Cleaning and sealing and/or filling pavement cracks
Removal and replacement of exis"ng asphalt concrete pavement (dig-outs and cul-de-sacs), as needed
Resurfacing streets using Asphalt Rubber Aggregate Membrane (ARAM) and/or Rubberized Emulsion Aggregate Slurry (REAS) Type II Slurry
Reconstruc"ng or retrofiAng exis"ng curb ramps adjacent to cape seal treatment project location areas
Installa"on or re-establishment of traffic striping, pavement markers, and markings as necessary
Staff recommends awarding the construction contract for the 2026 Residential Slurry Seal Project to Pavement Coa"ngs, Co., the lowest responsive and responsible bidder, in accordance with unit bid prices in the amount of $1,135,502.94.
Background
The Engineering Department oversees the maintenance of the City's street system and assembles a capital project for the placement of slurry seal and/or cape seal on an annual basis. Crack sealing, slurry seal, and cape seal are all preven"ve pavement maintenance techniques intended to preserve the exis"ng roadway network and maximize the life of the City's infrastructure. Crack seal and slurry seal are preven"ve maintenance treatments used to prevent water intrusion, protect pavement structure and surface, slow deteriora"on, and extend the overall service life of roadways in a costeffec"ve manner. Slurry seal and cape seal are common treatments used on all road types, especially residential roadways.
The 2026 Residen"al Slurry Seal Project will apply a liEle over a million square feet of rubberized slurry seal and cape seal combined (701,622 SF and 299,314 SF, respec"vely) on designated residen"al roadways throughout the City. In contrast to conven"onal slurry seal, rubberized slurry seal is a more durable, polymer-modified (rubber) material which offers enhanced flexibility, adhesion, and crack-resistance making it more durable and provides beEer performance especially in high-traffic areas when compared to the conven"onal slurry seal treatment op"on. Cape seal is a two-step process which is applied in streets showing more wear condi"ons. The first step in the cape seal treatment op"on is the applica"on of chip seal in which crews apply the first layer of asphalt binder and gravel. Then, the sweeper sweeps up any loose gravel within a few days. Next, a final coa"ng of rubberized slurry seal is applied over the surface. Lastly, streets are inspected to ensure cleanliness and quality finish so they can be reopened for public use.
The project scope also includes 1.5" Coldmill and 1.5" AC Overlay; and Base Repairs, which involve the removal and reconstruction of failed pavement areas where the underlying base, and sometimes subgrade, has deteriorated, on certain loca"ons with exis"ng asphalt concrete pavement. Curb ramps adjacent to certain project loca"on areas will be reconstructed and/or retrofiEed to be compliant with current Americans with Disabilities Act (ADA) requirements.
The project loca"on was developed from the Pavement Management System (PMS), which is a tool that assists the City in making cost-effec"ve decisions related to the maintenance and rehabilita"on 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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of roadway pavements. PMS allows the City to maximizes the use of the limited funding by taking a comprehensive approach to managing the City's pavements instead of a worst-first pavement plan.
The City took a unique approach in that the benefit to cost ra"o was considered in a zone-basis instead of an individual street segment. This allows maximizing the efficiency by reducing the mobilization cost.
The Invita"on for Bids (IFB) was posted on the City’s website and City of Eastvale Vendor Portal through PlanetBids on May 14, 2026. It was also published in a local newspaper twice on May 17, 2026 and May 24, 2026 following the Public Contract Code. In addi"on to the Base Bid schedule, the construc"on bid included a separate schedule for Addi"ve Alternate Bid items associated with concrete and asphalt work. These Addi"ve Alternate Bid items may be included or excluded at the City's discre"on, without affec"ng the Base Bid. Bidders were instructed that the construc"on contract award would be based solely on the Base Bid amount and that Alternate Bid Items are for bidding purposes only and they may or may not be used. A total of three (3) electronic bids were received by the City by the June 4, 2026 deadline, and the results are as follows:
Name of Bidder Base Bid Amount
Pavement Coatings Co. $1,135,502.94
All American Asphalt $1,165,789.00
Union Pavement Services, Inc. $1,209,909.48
AOer review of the bids received, staff has determined that Pavement Coa"ngs Co. is the lowest responsive and responsible bidder with a total base bid amount of $1,135,502.94. Pavement Coa"ngs Co. holds a valid Class A Contractor’s license in the State of California. Pavement Coa"ngs Co. is a Southern California based commercial contractor in the road construc"on industry and has been in business for over 50 years. Pavement Coa"ngs Co. has delivered successful projects to other agencies such as Ci"es of WhiAer, La Mirada, Pomona and more. As specified in the bid documents, the contractor must execute and return the contract, along with other specified required, within ten calendar days following receipt of the Notice to Award.
Construc"on is an"cipated to commence late July 2026, assuming no complica"ons with the contract execu"on process. The contract allows for a total of 31 working days to complete the required work. The work is expected to be completed by the end of August 2026. The contractor will be responsible for crea"ng public no"fica"ons to be reviewed and approved by the City; the bid document provided suggested templates for public no"fica"on and door hangers. The contractor will be required to no"fy all affected residents and/or businesses at least three days prior to slurry seal and cape seal opera"ons. Finally, the contractor will be responsible for crea"ng, installing and removing No Parking restric"ons; the City provided suggested templates. The contractor is to submit the No Parking sign for the City's review and approval.
Environmental
In accordance with the California Environmental Quality Act (CEQA), the proposed project is Categorically Exempt from future review under Class 1 for Exis"ng Facili"es (CEQA Sec"on 15301). A No"ce of Exemp"on (NOE) which has already been prepared, will be filed with the required agencies. Refer to Attachment 2 for the completed Notice of Exemption.
Strategic Plan Action - Priority Level: 2 | Target #: E | Goal #: F 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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Create a walkable community.
Fiscal Impact
Total fiscal impact for this project is $1,135,502.94. There is sufficient funding in Fiscal Year 2026- 2027 budget, totaling $1,500,000.00, allocated within the Road Maintenance and Rehabilita"on Fund (RMRA) and Gas Tax. Therefore, no addi"onal appropria"ons are necessary at this "me to fully fund the project. Any unexpended funds from Fiscal Year 2025–2026, including those provided through CalRecycle, may also be used for the project.
Funding Source FY26-27 Budget Account
Road Maintenance
Rehabilitation Account
(RMRA)
$500,000.00
205-510-6660-
94001
Gas Tax $1,000,000.00
200-510-6660-
94001
Total Available Budget $1,500,000.00
Prior City Council/Commission Action
Not Applicable
Attachment(s)
Attachment 1 - Project Location Map
Attachment 2 - Notice of Exemption - 2026 Residential Slurry Seal Attachment 3 - Agreement Pavement Coatings Co. and City of Eastvale Attachment 3.1 - Exhibit B to the Contract
Attachment 4 - Bid Package - 2026 Residential Slurry Seal 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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W
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WIN
D
D
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PROSPECTOR CT
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COOL MEADOW DR
BLACK HORSE ST
MEADOWBROOK LN
CLORIS ST
BRIAR ST
NORWEGIAN ST
HUNGARIAN ST
SUNNY BROOK LN
MUSTANG ST
PA
D
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ELDER
BER
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AV
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LEMON VALLEY AVE
SILVERW
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D
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CAMPOLINA DR
CARNATION ST
BRIGHT WATER CIR
TURF PARADISE ST
WILD ROSE DR
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LU
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KEY:
GREEN: REAS Type II Seal
BLUE: Cape Seal
PINK: Cul-de-Sacs with 1.5” Cold Mill and 1.5” Overlay
PROJECT AREA #1
LOCATION MAP WITH TREATMENT TYPE
191
KEY:
GREEN: REAS Type II Seal
BLUE: Cape Seal
PINK: Cul-de-Sacs with 1.5” Cold Mill and 1.5” Overlay
PROJECT AREA #2
LOCATION MAP WITH TREATMENT TYPE
192
KEY:
GREEN: REAS Type II Seal
BLUE: Cape Seal
PINK: Cul-de-Sacs with 1.5” Cold Mill and 1.5” Overlay
PROJECT AREA #3
LOCATION MAP WITH TREATMENT TYPE
193
NOTICE OF EXEMPTION
TO BE SENT TO: LEAD AGENCY:
County of Riverside County Clerk
P.O. Box 12004
Riverside, CA 92502
Office of Planning and Research
P.O. Box 3044
1400 Tenth Street, Room 113
Sacramento, CA 95812-3044
CITY OF EASTVALE
12363 Limonite Avenue, Suite 910
Eastvale, CA 91752
PROJECT CASE NO: CIP-94001
PROJECT TITLE: 2026 Residential Slurry Seal
PROJECT APPLICANT: Public Works Department, City of Eastvale PROJECT LOCATION: Existing public roadways within the City of Eastvale. CITY: Eastvale COUNTY: Riverside
APN(s): N/A (Public Right-of-way)
PROJECT DESCRIPTION: Placement of Type II Slurry Seal on various residential streets within the City.
General work includes pavement preparation, crack sealing, slurry seal placement, base repair, traffic striping, and pavement markings.
AGENCY APPROVING PROJECT: City of Eastvale, City Council NAME OF PERSON OR AGENCY CARRYING OUT PROJECT: Guadalupe Cortes, Associate Engineer The project or activity identified above is determined to be exempt from further environmental review requirements contained in the California Environmental Quality Act (CEQA).
EXEMPT STATUS:
Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3);15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption. State type and section no: Class 1: Existing Facilities. (Section 15301) Statutory Exemptions. State code number: ____________________________________________ REASONS TO SUPPORT EXEMPTION FINDING (attach if needed):
Pursuant to the provisions of the California Environmental Quality Act (CEQA Public Resources Code, Section 21083 et. Seq.), this project meets the criteria for a Categorical Exemption under Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines in that the proposed project involves negligible or no expansion of use consistent with the criteria set forth in Section 15301. Pavement preparation, crack sealing, slurry seal placement, base repair, traffic striping, and pavement markings does not alter existing public streets; additionally, the project does not add additional vehicular travel lanes; therefore qualifies for a Class 1 (Existing Facilities) exemption and no further environmental review is required pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15301.
LEAD AGENCY CONTACT: David Murray TELEPHONE: (951) 703-4492 SIGNATURE: DATE: 6/25/2026 TITLE: City Planner
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CONTRACT AGREEMENT
BETWEEN
THE CITY OF EASTVALE
AND
PAVEMENT COATINGS CO.
This Agreement for Construction Services (“Agreement”), is made and entered into this day of , 2026, by and between the City of Eastvale, a California general municipal corporation organized under the laws of the State of California with its principal place of business at 12363 Limonite Ave., Suite 910, Eastvale, California (“City”) and Pavement Coatings Co., a California (corporation) (“Contractor”).
SECTION 1. RECITALS
A. City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose. City has sought, by request for proposals, Bid Number# 26-112CIP, 2026 Residential Slurry Seal Project, CIP #94001, the performance of the services defined and described particularly in Section 3 of this Agreement.
B. Contractor is a professional contractor, experienced in providing removal and replacement of existing asphalt concrete pavement (dig outs and cul-de-sacs), resurfacing of various residential streets with applications of Asphalt Rubber Aggregate Membrane (ARAM) and/or Rubberized Emulsion Aggregate Slurry (REAS) Type II Slurry, reconstructing and retrofitting existing curb ramps, and new and/or reestablishing disturbed traffic striping, pavement markers, and markings, and is familiar with the plans of the City.
C. City desires to engage Contractor to construct public improvements associated with the Project #94001-2026 Residential Slurry Seal Project as set forth herein.
D. Contractor has obtained, and delivers concurrently herewith PERFORMANCE
BOND, PAYMENT BOND, INSURANCE DOCUMENTS AND OTHER
CERTIFICATIONS as required by the Contract.
SECTION 2. INCORPORATION OF DOCUMENTS
This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto: Project Specifications for the 2026 Residential Slurry Seal Project (Project #94001-2026).
SECTION 3. SCOPE OF WORK
A. Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the Owner all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the #94001-2026 Residential Slurry Seal Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter the "Work" or "Project"), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in 195
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accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in the Exhibits attached hereto and incorporated herein by this reference. Special conditions, if any, relating to the Work are described in the Exhibits attached hereto and incorporated herein by this reference.
B. Change in Scope of Work Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance and in writing by a valid change order executed by the City.
SECTION 4. PERIOD OF PERFORMANCE AND LIQUIDATED DAMAGES Contractor shall perform and complete all Work under this Contract within 31 working days, beginning the effective date of the Notice to Proceed ("Contract Time"). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Since it is impractical and infeasible to determine the amount of actual damage, it is agreed that the Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of Fifteen Hundred Dollars ($1,500) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.
SECTION 5. STANDARD OF PERFORMANCE
Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them.
Finally, Contractor represents that it, its employees and its subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, and that such licenses and approvals shall be maintained throughout the term of this Contract. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed on the Work.
SECTION 6. CONTROL AND PAYMENT OF SUBORDINATES; CONTRACTUAL
RELATIONSHIP
City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers' compensation insurance. 196
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SECTION 7. CITY’S BASIC OBLIGATION
City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by the Contractor of the services and obligations required by this Contract, the above referenced compensation in accordance with compensation provisions set forth in the Contract.
SECTION 8. COMPENSATION AND PAYMENT
A. Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor One Million One Hundred Thirty-Five Thousand, Five Hundred Two Dollars and Ninety-Four Cents ($1,135,502.94) ("Total Contract Price").
B. Payment of Compensation. If the Work is scheduled for completion in thirty-one (31) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty-one (31) calendar days, City will pay Contractor on a monthly basis as provided for herein. On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated.
Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.
City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. No progress payments will be made for Work not completed in accordance with this Contract.
SECTION 9. CONTRACT RETENTIONS
From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retainage shall be released and paid to the Contractor and subcontractors pursuant to California Public Contract Code Section 7107.
SECTION 10. OTHER RETENTIONS
In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor's obligations under the Contract which Contractor has failed to perform or has 197
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performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of the Contractor to maintain or submit on a timely basis, proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by the Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.
SECTION 11. SUBSTITUTIONS FOR CONTRACT RETENTIONS
In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to the Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term "satisfactory completion of the contract" shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City.
SECTION 12. PAYMENT TO SUBCONTRACTORS
Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 10262 of the California Public Contract Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract.
SECTION 13. TITLE TO WORK
As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, and free and clear from any and all security interests, liens, or other encumbrances.
Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.
SECTION 14. DISPUTE RESOLUTION
Any separate demand by Contractor for the payment of money or damages shall be resolved in 198
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accordance with Public Contract Code Sections 20104 et seq., if applicable.
SECTION 15. TERMINATION
This Contract may be terminated by City at any time by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to the Contractor in the amount necessary to offset City's resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause.
In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.
SECTION 16. COMPLETION OF WORK
When the Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract.
City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a re-inspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain. Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.
SECTION 17. CITY’S REPRESENTATIVE
The City hereby designates the City Engineer, or his or her designee, to act as its representative for the performance of this Contract ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or here designee.
SECTION 18. CONTRACTOR’S REPRESENTATIVE
Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City ("Contractor's Representative"). Following approval by the City, the Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Contract. The Contractor's Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor's Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to 199
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change its Contractor's Representative, Contractor shall provide the information specified above and obtain the City's written approval.
SECTION 19. CONTRACT INTERPRETATION
Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City's Representative, whose decision shall be binding upon Contractor.
SECTION 20. LOSS AND DAMAGE
Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. However, Contractor shall be responsible for damage proximately caused by Acts of God, within the meaning of Section 4150 of the Government Code, only to the extent of five percent (5%) of the Total Contract Price as specified herein. In the event of damage proximately caused by "Acts of God," the City may terminate this Contract upon three (3) days advanced written notice.
SECTION 21. INDEMNIFICATION
A. Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or volunteers.
B. General Indemnification. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others are required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section. 200
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SECTION 22. INSURANCE
Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds in excess of the limits and coverage required in this Agreement and which are applicable to a given loss, will be available to the City. Contractor shall provide the following types and amounts of insurance:
A. Commercial General Liability Insurance using Insurance Services Office “Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate.
B. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor’s employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person.
C. Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease.
D. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages.
Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured’s liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Contractor, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Best rating of A or better and a minimum financial size VII.
E. General conditions pertaining to provision of insurance coverage by Contractor.
Contractor and City agree to the following with respect to insurance provided by Contractor:
(1) Contractor agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, 201
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using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contractor also agrees to require all contractors, and subcontractors to do so likewise. (2) No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Consultant’s employees, or agents, from waiving the right of subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.
(3) All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.
(4) None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved in writing.
(5) No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or any contractor or subcontractor. (6) All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent. (7) Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contractor’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City hasthe right, but not the duty, to obtain any insurance it deems necessary to protect itsinterests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. (8) Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will “endeavor” (as opposed to being required) to comply with the requirements of the certificate. (9) It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City.
(10) Contractor agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and 202
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review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
(11) Contractor agrees not to self-insure or to use any self-insured retention’s or deductibles on any portion of the insurance required herein except as disclosed to and approved by the City and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this Agreement to self-insure its obligations to City. City expressly approves maintenance by the Contractor of a $100,000 deductible on its current Professional Liability insurance policy.
(12) The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City.
(13) For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. (14) Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
(15) Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement.
This obligation applies whether or not the Agreement is canceled or terminated for any reason.
Termination of this obligation is not effective until City executes a written statement to that effect. (16) Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.
(17). The provisions of any workers’ compensation or similar act will not limit the obligations of Contractor under this Agreement. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents.
(18) Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage 203
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feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.
(19) These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such.
(20). The requirements in this Section supersede all other sections and provisions of this Agreement, except Exhibit “E” “Modifications to Contract Documents”, to the extent that any other section or provision conflicts with or impairs the provisions of this Section. (21) Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
(22) Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
SECTION 23. BONDS
A. Performance Bond. If specifically requested by City in the Bidding Documents, attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
B. Payment Bond. If required by law or otherwise specifically requested by City in the Bidding Documents, attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
C. Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), 204
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extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
D. Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
SECTION 24. SAFETY
Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed.
Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and life saving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.
SECTION 25. WARRANTY
Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) Days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at his sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency.
In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor's obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work. Contractor shall perform such tests as the City may require verifying that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility 205
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of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
SECTION 26. LAWS AND REGULATIONS
Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If the Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order.
If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, the Contractor shall be solely responsible for all costs arising there from. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
SECTION 27. PERMITS AND LICENSES
Contractor shall be responsible for securing, at its own expense, and paying for all permits and licenses necessary to perform the Work described herein.
SECTION 28. TRENCHING WORK
If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the Labor Code, including Section 6705. To this end, Contractor shall submit for City's review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
SECTION 29. HAZARDOUS MATERIALS AND DIFFERING CONDITIONS As required by Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled 206
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completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.
SECTION 30. UNDERGROUND UTILITY FACILTIES
To the extent required by Section 4215 of the Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.
SECTION 31. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), the Davis-Bacon Act of 1931 and 23 USC 113, which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Contractor agrees to fully comply with such Prevailing Wage Laws.
SECTION 32. APPRENTICEABLE CRAFTS
When Contractor employs workmen in an apprenticed craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticed occupations shall be with Contractor.
SECTION 33. HOURS OF WORK
Contractor is advised that eight (8) hours labor constitutes a legal day's work. Pursuant to Section 1813 of the Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.
SECTION 34. PAYROLL RECORDS
In accordance with the requirements of Labor Code Section 1776, Contractor shall keep accurate payroll records which are either on forms provided by the Division of Labor Standards Enforcement or which contain the same information required by such forms. Responsibility for compliance with Labor Code Section 1776 shall rest solely with Contractor, and Contractor shall make all such records available for inspection at all reasonable hours.
SECTION 35. CONTRACTOR’S LABOR CERTIFICATION
By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit "D" and incorporated herein by reference, shall be executed simultaneously with this Contract.
SECTION 36. LABOR AND MATERIAL RELEASES
Contractor shall furnish City with labor and material releases from all subcontractors performing 207
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work on, or furnishing materials for, the work governed by this Contract prior to final payment by City.
SECTION 37. EQUAL OPPORTUNITY EMPLOYMENT
Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the state or Federal Constitutions. Such nondiscrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
SECTION 38. ANTI-TRUST CLAIMS
This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, the Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to the Contractor, without further acknowledgment by the parties.
SECTION 39. NOTICES
All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
CITY CONTRACTOR
City of Eastvale Pavement Coatings Co.
12363 Limonite Ave., Suite 910 10240 San Sevaine Way
Eastvale, CA 91752 Jurupa Valley, CA 91752
Attn: Jimmy Chung, City Engineer Attn: Tim Schimid, President Any notice so given shall be considered received by the other party three (3) days after deposit in the U.S. Mail as stated above and addressed to the party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
SECTION 40. ENTIRE CONTRACT; MODIFICATION
This Agreement, including the attached Exhibits “A” through “F”, the advertised bid documents, associated addendas, is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreement or understandings, whether oral or written, or entered into between Contractor and City prior to the execution of the agreement. No prior statements, representations or other agreements, whether oral or written, made by any parties which are not embodied herein shall be valid and binding. No amendment to this Agreement shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.
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SECTION 41. TIME IS OF THE ESSENCE
Time is of the essence in the performance of this Contract.
SECTION 42. ASSIGNMENT FORBIDDEN
Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.
SECTION 43. GOVERNING LAW
This Contract shall be governed by the laws of the State of California.
SECTION 44. COUNTERPARTS
This Contract may be executed in counterparts, each of which shall constitute an original.
SECTION 45. SUCCESSORS
The parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.
SECTION 46. ATTORNEYS’ FEES
If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such action shall be entitled to have and recover from the losing party reasonable attorneys' fees and all other costs of such action.
SECTION 47. CLAIMS OF $375,000 OR LESS
Notwithstanding any other provision herein, claims of $375,000 or less shall be resolved pursuant to the alternative dispute resolution procedures set forth in Public Contracts Code 20104, et seq.
SECTION 48. PROHIBITED INTERESTS
A. Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.
B. Conflict of Interest. For the term of this Contract, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising there from.
SECTION 49. CERTIFICATION OF LICENSE
Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor's license of the classification indicated below under Contractor's signature. 209
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IN WITNESS WHEREOF, each of the parties has caused this Contract to be executed on the day and year first above written.
CITY OF EASTVALE PAVEMENT COATINGS CO.
By: By:
Signature Signature
Name Name
Title Title
Attest: Attest:
City Clerk Secretary
Classification of Contractor’s License
Contractor’s License Number
210
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EXHIBIT "A" PLANS AND SPECIFICATIONS
The following plans and specifications are incorporated into this Contract herein by this reference:
The work for which this proposal is submitted is for construction in conformance Technical Specifications described below, including any addenda thereto, the contract annexed hereto, and also in conformance with the “Standard Specifications for Public Works Construction, 2021 Edition” (Latest Edition) (Standard Specifications), City of Eastvale Standards for Design and Construction of Public Improvements, City of Eastvale Standard Specifications for Design and Construction of Public Improvements, any referenced Special Provisions, and the California Department of Transportation Standard Plans and Specifications, 2018 Edition (State Standard) and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished.
The Plans for the work are titled as follows: 2026 Residential Slurry Seal Project, #94001.
The Plans and Specifications for the work are as follows:
• Advertised bid documents and associated Addendas for: 2026 Residential Slurry Seal Project (Project #94001-2026)
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EXHIBIT "B" BID PROPOSAL
The Bid Proposal from Contractor is attached hereto and incorporated into this Contract. 212
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EXHIBIT "C" SPECIAL CONDITIONS
Standard Erosion and Sediment Control Plan Notes:
1. Dust control shall conform to Section 10, “Dust Control”, Section 7-1.01F, “Air Pollution Control”, Section 17, “Watering”, and Section 18 “Dust Palliative” of the State Standard Specifications, Rules no. 401, 402, 403 and 403.1 of the South Coast Air Quality Management District (AQMD), Riverside County Code, Chapter 8.52, “Fugitive Dust Reduction Program For Coachella Valley”, all other applicable Federal and State laws, and the requirements set forth herein.
2. The Contractor is cautioned that failure to control fugitive dust may result in fines being levied by the South Coast Air Quality Management District to both the Contractor and the City of Eastvale, as owner. The Contractor shall be fully responsible for payment of all fines pertaining to air pollution control violations, resulting from Contractor’s operations related to the construction contract, which may be levied against both the Contractor and the City of Eastvale by the AQMD or other regulatory agencies. The Contractor’s attention is directed to Section 7-1.01, “Laws to be Observed” of the State Standard Specifications.
The cost of all fines levied against the City of Eastvale will be deducted from any moneys due or which may become due to the Contractor, unless other payment arrangements are made by the Contractor.
3. Dust control of all of the contractor’s operations is required 24 hours per day, 7 days a week for the duration of the contract, and until the disturbed soil is permanently stabilized.
The Contractor shall take every precaution to prevent emissions of fugitive dust from the project site, from locations of stockpiled materials, from unpaved driving surfaces, from haul vehicles, from inactive construction areas, and from all other operations of the Contractor. The Contractor shall plan for and carry out proper and efficient measures to prevent his operations from producing dust in amounts damaging to property or which constitute a public nuisance, or which cause harm to person living or working in the vicinity of the work. Of particular concern are emissions of PM10 particles, which are fine particulate matter of 10 microns or less and which are associated with sickness and death from respiratory disease.
4. The Contractor shall respond to complaints by mobilizing equipment and personnel at the construction site within 2 hours of each complaint to control fugitive dust.
5. Attention is directed to AQMD Rule 403.1, which applies to all contracts within the City of Eastvale. That AQMD Rule requires the Contractor to take specified dust control actions when prevailing wind speeds exceed 25 miles per hour. Wind forecasts, AQMD Rules and other related information are provided by AQMD at 1-800-CUT-SMOG and at www.aqmd.gov.
6. The Contractor shall utilize the “Best Available Control Measures” of controlling fugitive dust, as prepared by the AQMD. However, if fugitive dust crosses the project boundary, more effective control measures, including the “Best Available Control Measures” shall be implemented.
7. A site specific fugitive dust control plan shall be submitted to the City Engineer for review and approval at least 10 days prior to the start of construction.
8. The fugitive dust control plan shall include the “Reasonably Available Control Measures” and “Best Available Control Measures” of controlling fugitive dust, as may be appropriate and necessary, including by not limited to watering, application of chemical dust 213
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suppressants, wind fencing, covering of haul vehicles, haul vehicle bed-liners, grading, planting of vegetation, the use of a 24 hour environmental observer, and track-out controls at locations where unpaved construction accesses intersect with paved roads. The use of chemical stabilizers, which are approved by all environmental regulatory agencies, and the use of reclaimed water is encouraged. If water is intended as a primary dust control tool, the dust control plan shall provide for at least one 2,000 gallon water truck for every 4 acres of disturbed soil, unless otherwise approved by the City Engineer.
9. If the Project Inspector determines that the project scope and the forecasted weather conditions are such that the Contractor’s work is unlikely to be a source of dust emissions, the Construction Engineer has the authority to waive the requirements for submittal of a dust control plan and for placement of the dust control signs described herein. However, the Contractors responsibilities for the control of fugitive dust and the other requirements of this section may not be waived.
10. A completion notice will not be filled, and the final payment will not be made to the Contractor until the areas of disturbed soil on the construction site, including roadway shoulders, are suitable stabilized for long term control of fugitive dust.
11. This signature of the Contractor on the Proposal constitutes acknowledgement by the Contractor of the dust control enforceability of those requirements.
12. Full compensation for conformance with these dust abatement requirements, including lab equipment and materials, developing water supply and incidentals, shall be considered as included in items of work, and no additional compensation will be allowed therefore.
13. The successful Contractor shall attend an AQMD PM10 Dust Control Program training session, and furnish evidence of attendance to the City Engineer. Attendance at AQMD training seminars can be scheduled the AQMD at 1-866-861-DUST or by email to [email protected]. Current AQMD certification of previous attendance will be accepted. At that training session, the successful Contractor will be furnished with the AQMD prepared Rule 403 and Rule 403.1 implementation handbooks, which include the Best Available Control Measures” and “Reasonably Available Control Measures”, and other associated information, including a listing of suggested dust control related to devices, material and chemicals.
14. Any days on which the Contractor is prevented from working, due to the requirements of AQMD Rules, will be considered as non-working days, in accordance with Section 8-1.06, “Time of Completion” of the State Standard Specification. 214
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EXHIBIT "D" CERTIFICATION LABOR CODE-SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700 et seq. of the Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.
[INSERT CONTRACTOR'S NAME]
By:
[INSERT NAME]
[INSERT TITLE]
215
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EXHIBIT “E” CONTRACT MODIFICATIONS
None
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EXHIBIT “F” SUPPLEMENTAL REQUIREMENTS
None
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INVITATION FOR BIDS (IFB) NO. 26-112CIP
FOR
2026 RESIDENTIAL SLURRY SEAL
PROJECT
(CIP #94001)
Deadlines for Prospective Bidders:
Questions due: 2:00 PM on May 28, 2026
Bids due: 2:00 PM on June 4, 2026
All times are Pacific Standard Time
CITY OF EASTVALE
City Hall
12362 Limonite Ave., Suite 910
Eastvale, CA 91752
Prospective Bidders may obtain Bid Documents, Project Specifications, and Plans via City of Eastvale’s online bidding system, PlanetBids:
https://vendors.planetbids.com/portal/43976/portal-home 275
TABLE OF CONTENTS
PAGE
SECTION A. NOTICE INVITING SEALED BIDS................................................................. 1 SECTION B. INSTRUCTIONS TO BIDDERS........................................................................ 5 SECTION C. BIDDER’S PROPOSAL.................................................................................... 15 (The following documents are to be submitted with Bid Proposal) • Bid Proposal Signature and Notary Seal............................................................................ 17 • Bid Schedule ...................................................................................................................... 18 • Bid Bond ............................................................................................................................ 22 • Noncollusion Affidavit....................................................................................................... 23 • Experience Qualifications Statement ................................................................................. 24 • Designation of Sub-Contractors......................................................................................... 26 • Public Contract Code (Statement and Questionnaire)........................................................ 27 SECTION D. TECHNICAL SPECIFICATIONS................................................................... 29
1. EXISTING FACILITIES............................................................................................... 29
2. MOBILIZATION .......................................................................................................... 29
3. WATER POLLUTION CONTROL PROGRAM ......................................................... 30
4. CONTROL OF MATERIALS....................................................................................... 30
5. PROGRESS SCHEDULE.............................................................................................. 31
6. INCLEMENT WEATHER PROTECTION .................................................................. 31
7. UNIT PRICE CONTRACT ........................................................................................... 32
8. EXISTING HIGHWAY FACILITITES AND PRESERVATION OF PROPERTY.... 32
9. AESTHETIC CLEAN UP ............................................................................................. 33
10. ORDER OF WORK....................................................................................................... 34
11. TRAFFIC CONTROL SYSTEM................................................................................... 34
12. PUBLIC NOTIFICATION ............................................................................................ 36
13. CLEARING AND GRUBBING.................................................................................... 37
14. CONSTRUCTION SURVEY AND MONUMENT PRESERVATION.......................37
15. DUST CONTROL ......................................................................................................... 38
16. SURPLUS MATERIAL DISPOSAL ............................................................................ 39
17. IRRIGATION SYSTEMS ............................................................................................. 39
18. LANDSCAPING ........................................................................................................... 39
19. CRACK SEAL............................................................................................................... 40
20. BASE REPAIR – REMOVE AND REPLACE WITH CONVENTIONAL HOT MIX 276
ASPHALT, B-PG 70-10 9, (5” DEPTH)....................................................................... 41
21. ASPHALT EMULSION BINDER (TACK COAT)...................................................... 43
22. RUBBERIZED EMULSION AGGREGATE SLURRY (REAS), TYPE II................. 43
23. ARAM CAPE SEAL PRESERVATION SYSTEM..................................................... 49
24. THERMOPLASTIC – TRAFFIC STRIPING AND PAVEMENT MARKING........... 58
25. COLD MILL AC PAVEMENT..................................................................................... 62
26. PCC IMPROVEMENTS – MISCELLANEOUS CONCRETE.................................... 62
27. REMOVE AND REPLACE CURB OR CURB AND GUTTER..................................64
28. REMOVE AND REPLACE SIDEWALK .................................................................... 64
29. REMOVE AND REPLACE CROSS GUTTER............................................................ 65
30. REMOVE AND RECONSTRUCT CURB RAMPS..................................................... 66
31. RETROFIT TRUNCATED DOMES ON EXISTING SURFACES............................. 68
32. ASPHALT CONCRETE (AC) CONSTRUCTION ...................................................... 69
33. ADJUST WATER VALVE FRAME AND COVER TO GRADE............................... 71
34. TRAFFIC LOOP DETECTORS.................................................................................... 72
35. SIDEWALK GRINDING.............................................................................................. 72
36. UNTREATED BASE .................................................................................................... 73 SECTION E. SAMPLE CONTRACT AGREEMENT.......................................................... 74 • Contract Agreement ....................................................................................................... 74 • Faithful Performance Bond............................................................................................ 96 • Payment Bond................................................................................................................ 98
APPENDIX
• Exhibit A: Project Location Map with Treatment Type and Curb Ramp Reconstruction and Retrofit Map
• Exhibit B: Dig Out Locations Table and Locations Map
• Exhibit C: AC Overlay Typical Detail at Cul-de-Sac
• Exhibit D: Rubberized Pavement Certification Form and Reliable ContractorDeclaration Form
• Exhibit E: Typical Details for Reference
• Exhibit F: City of Eastvale’s Suggested Public Notification & Door Hanger Templates • Exhibit G: City of Eastvale’s Suggested Temporary No Parking and No Driving Template 277
1 SECTION A. NOTICE INVITING SEALED BIDS
NOTICE IS HEREBY GIVEN that the City of Eastvale will receive electronic bids only, via the online bidding service PlanetBids, until 2:00 PM local time on Thursday, June 4, 2026, for the:
2026 Residential Slurry Seal (CIP Project #94001)
Invitation For Bid #26-112CIP
Immediately after 2:00 PM on said date of June 4, 2026, the bids results will automatically be made public in the bid management system upon bid closing. Bids shall be prepared in strict conformance with Section B. Instructions to Bidders.
A-1. Description of Work
The proposed work shall be performed in accordance with the plans, specifications and other contract documents and shall consist of the following:
Furnishing all labor, materials, necessary tools and machinery, supervision and support, and all utility and transportation services required for the construction of street improvements that include, but are not limited to, cleaning up and sealing and/or filling pavement cracks, removing and replacing existing asphalt concrete pavement (dig outs and cul-de-sac) where required, resurfacing of various residential streets with applications of Asphalt Rubber Aggregate Membrane (ARAM) and/or Rubberized Emulsion Aggregate Slurry (REAS) Type II Slurry, reconstructing or retrofitting existing curb ramps, and new and/or re-establishing disturbed traffic striping, pavement markers and markings, as needed.
A-2. Obtaining Contract Documents
Electronic copies of plans, specifications and other contract documents can be viewed on PlanetBids (https://vendors.planetbids.com/portal/43976/portal-home). Interested bidders must register with PlanetBids to be placed on the Planholder list and to receive addenda notifications.
A-3. Submission of Bids
Bids must be submitted on the online bidding service PlanetBids (https://vendors.planetbids.com/portal/43976/portal-home).
Electronic modifications to or withdrawal of bids may be made by the bidder prior to the bid closing deadline. All bids must be submitted no later than the time prescribed. The bidder is wholly responsible to submit their electronic bid on time. The City will only consider bids that havebeen transmitted successfully and have been issued an e-bid confirmation number with a time stamp from the Bid Management System indicating that bid was submitted successfully.
Each bid must conform and be responsive to this notice and shall be made on the official proposal forms furnished with the contract documents.
278
2 Attention is directed to the provisions of Business and Professions Code section 7028.15, which makes it a misdemeanor for any person without a valid contractor’s license (with specific exceptions) to submit a bid to act as a Contractor to a public agency.
A-4. Bid Guarantee
Each bid must be accompanied by a cashier’s check, certified check, or bid bond, executed on the prescribed form, in an amount not less than ten (10) percent of the total bid price payable to the City of Eastvale.
The cashier’s check or certified check payable to the City of Eastvale and drawn on a solvent bank of the United States of America, or Bid Bond shall be given as a guarantee that the successful bidder will enter into a written contract within ten (10) days after being requested to do so and will be considered as the stipulated amount of liquidated damages in the event the bidder is unable to or refuses to execute a contract for the work. Upon an award to the successful bidder, the security of unsuccessful bidders shall be returned in a reasonable period of time.
Bidders are hereby notified that in accordance with the provisions of Public Contracts Code section 22300, securities may be substituted for any monies, which the City may withhold pursuant to the terms of this Contract to ensure performance.
If the bidder elects to provide a bid bond, the bond shall be furnished by a company that is authorized and licensed by the Insurance Commissioner as an “admitted surety insurer.” Bid Security shall be submitted as follows
• Original Paper Hard Copy Bid Bond. If the Bidder’s Bid Security is in the form of a hard copy of the Bid Bond, the original copy Bid Bond, along with the Attorney-In-Fact Certificate and Surety Resolutions attesting to the appointment and authority of the Attorney-In-Fact must be mailed and received by the City of Eastvale before the latest date/time for submitting Bid Proposals. If the hard copy Bid Bond is received by the City after the latest date/time for submitting Bid Proposals will result in rejection of the Bidder’s Bid Proposal for non-responsiveness. The submitted hard copy Bid Bond must include original signatures of the Bidder/Principal, Surety Attorney-In-Fact and Notary Public. Bid Security in the form of a hard copy Bid Bond must be mailed or delivered by the Bidder to the Finance Department in a sealed envelope with the exterior prominently marked with the Bidder’s (company) name, Project Name and Bid Number.
Bidders shall submit Bid Bond or Certified Check in a sealed envelope to the address shown below:
City of Eastvale – Finance Department
Attention: Karla Lopez, Purchasing Manager
12363 Limonite Ave Suite 910
Eastvale, CA 91752
Electronic Bid Bond. Bid Security may be submitted in the form of a verified electronic Bid Bond. If an electronic Bid Bond is submitted as the Bid Security, the electronic Bid 279
3 Bond will be accepted only if the electronically issued Bid Bond is in the form and content included with the Contract Documents and issuance of the electronic Bid Bond is verified through Surety2000 (http://www.surety2000.com/). Bidder submitting an electronic Bid Bond are solely responsible for completing Surety2000 registration requirements and payment of Surety2000 fees and charges. The City will accept electronic Bid Bonds in satisfaction of Bid Security requirements as an accommodation to Bidders. The City is not responsible to Bidders for: (i) Surety2000 acts or omissions; (ii) the complete/timely verification of electronically issued Bid Bonds; or (iii) any other errors in the electronically issued Bid Bond.
A-5. Construction License
The successful bidder must possess a current Class A Contractor’s License issued by the State of California to cover all of the work to be performed under this project.
Effective April 1, 2015, Contractors and subcontractors bidding and performing work on public works project must register on an annual basis with Department of Industrial Relations (DIR).
A-6. Award
The award shall be made to the lowest responsible bidder submitting the lowest responsive bid.
The award of Contract will be made by the City Council. The Contractorshall execute the Contract within ten (10) days after he has received the Contract from the City. Alternate bid items are for bidding purposes only. Those items and quantities may or may not be used, at the discretion of the City Engineer. The City Engineer shall determine the exact locations and quantities, if any, where the above quantities will be needed. Items shown in the Alternate bid will not be used in the determination of the lowest base bid for the project and shall not be used to determine the lowest responsible bidder. The award of contract shall be made to the lowest, responsible bidder submitting the lowest, responsive bid for the total of base bid items.
The City reserves the right to waive any minor irregularity in the proposals. No bid may be withdrawn for a period of ninety (90) days after the opening of bids.
A-7. Rejection of Bids
The City reserves the right to reject any and all bids. Any bid not conforming to the intent and purpose of the Contract documents may be rejected. The City reserves the right to make all awards in the best interest of the City.
A-8. Disqualification of Bidder
If there is a reason to believe that collusion exists among any bidders, none of the bids of the participants in such collusion will be considered and the City may likewise elect to reject all bids received.
A-9. Relief of Bidder
Attention is directed to the provisions of Public Contracts Code section 5101 and following, concerning relief of bidders and in particular to the requirements therein that if the bidder claims a mistake was made in his bid, the bidder shall give the City written notice, within five (5) calendar 280
281
5 B-1. Introduction
SECTION B. INSTRUCTION TO BIDDERS
Each bid shall be in accordance with the Contract Documents. The Invitation for Bid will specify whether Contract Documents are available on a purchase or deposit basis. Where payment for such sets is specified, no refund will be made.
B-2. Local Conditions
The quantities of work or material stated in the unit price items of the Bidding Schedule are given only as a basis for the comparison of Bids, and the City does not represent or warrant that the actual amount of work or material will correspond therewith, but reserves the right to increase or decrease the quantity of any unit price item of the work as may be deemed necessary or expedient by the City Engineer or designated representative.
The Bidder shall examine carefully the site of the work contemplated and the Contract Documents.
The submission of a proposal shall be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and quantities of work to be performed and the materials to be furnished, and as to the requirements of the Contract Documents.
Where the City Engineer has made investigations of surface and subsurface conditions in areas where work is to be performed under the Agreement, or in other areas, some of which may constitute possible local material sources, such investigations were made only for the purpose of study and design. Where such investigations have been made, bidders or Contractor may, upon written request, inspect the records of the City Engineer as to such investigations subject to and upon the conditions hereinafter set forth. Such inspection of records may be made at the office of the City Engineer.
The records of such investigations are not a part of the Agreement and are made available for inspection solely for the convenience of the bidder or Contractor. It is expressly understood and agreed by bidder or Contractor that neither the City nor the City Engineer assumes any responsibility whatsoever with respect to the sufficiency or accuracy of the investigations thus made, the records thereof, or of the interpretation set forth therein or made by the City Engineer in its use thereof and there is no representation, warranty or guarantee, either express or implied, that the conditions indicated by such investigations or records thereof are correct or representative of those existing throughout such areas or any part thereof, or that unanticipated developments may not occur or that materials other than, or in proportions different from, those indicated may not be encountered.
When a log of test borings showing a record of the data obtained by the City Engineer’s investigation of the subsurface conditions is included with the drawings, it is expressly understood and agreed by bidder that the log of test borings does not constitute a part of the Agreement, represents only the opinion of the City Engineer as to the character of the materials encountered in the test borings, is included with the plans only for the convenience of bidders and its use is subject to all of the conditions and limitations set forth in this Section. Water levels that may be 282
6 shown on a log of test borings are valid only for the stated date of observation. The water level may change from season to season and from year to year.
The availability or use of information described in this Section or the special conditions is not to be construed in any way as a waiver of the provisions of this Section and a bidder or Contractor is cautioned to make such an investigation and examination as it deems necessary to satisfy itself as to conditions to be encountered in the performance of the work and, with respect to possible local material sources, the quality and quantity of material available from such property and the type and extent of processing that may be required in order to produce material conforming to the requirements of the Specifications.
No information derived from such inspection of records of investigations or compilations thereof made by the City Engineer or its assistants will in any way relieve the bidder or Contractor from any risk or from properly fulfilling the terms of the Agreement.
Information derived from inspection of topographic maps, or from Plans showing location of utilities and structures will not in any way relieve the Contractor from any risk, or from properly examining the site and making such additional investigations as it may elect, or from properly fulfilling all the terms of the Agreement.
Each bidder shall inform itself of, and the bidder awarded an Agreement, shall comply with, Federal, State and Local laws, relative to the execution of the work. This requirement includes, but is not limited to, applicable laws and regulations concerning employment of labor, protection of public and employee safety and health, environmental protection, the protection of natural resources, fire protection, burning and non-burning requirements, permits, fees, and similar subjects.
B-3. Form of Bid and Signature
Bids shall be submitted only on the forms attached hereto and shall be submitted as instructed in Section A. Notice Inviting Bids. The Bidder shall state in figures the unit prices or the specific sums as the case may be, for which it proposes to supply the labor, materials, supplies or machinery, and perform the work required by the Specifications. If the Bid is made by an individual, it shall be signed by the individual and the individual’s full name and address shall be given; if it is made by a partnership, it shall be signed with the co-partnership name by a member of the partnership, who shall also sign the member’s own name, and the name and address of each member of such partnership shall be given; and, if it is made by a corporation, the name of the corporation shall be given and it shall be signed by its duly authorized officer or officers attested by the corporate seal, the name and titles of all officers of the corporation shall be given, and the address of the corporation and the state in which incorporated shall be stated.
Bids will be considered only from persons licensed as required under applicable provisions of the Contractors License Law (California Business and Professions Code section 7000, et seq.) and regulations adopted pursuant thereto; and each bidder shall insert his type of contractor’s license, license number, and other requested information in the place provided in the bid. No oral, telephonic or telegraphic Bid or modification of a Bid will be considered. 283
7 B-4. Submission of Bids
All Bids must be submitted no later than the time prescribed, at the place and in the manner set forth in the Invitation for Bid. Bids must be made on the prescribed Bid forms. A complete Bid requires submission of fully completed contract documents. The bidder is wholly responsible to see that its Bid is submitted at the time and place named for the opening of bids.
Bids shall include all addenda or clarifications issued during the bidding period acknowledged by the bidder’s signature thereon. Failure to so include or acknowledge an addendum or clarification will result in the Bid being rejected as not responsive.
Bids shall be opened at the time and place specified in the Invitation for Bid, unless changed by addendum.
B-5. Preparation of Bid
Blank spaces in the Bid shall be properly completed. The phraseology of the Bid must not be changed and no additions shall be made to the items mentioned therein. Unauthorized conditions, limitations or provisions attached to a Bid will render it unresponsive and will cause its rejection.
If erasures, interlineations or other changes appear on the form, each erasure, interlineation or change must be initialed by the person signing the Bid. Alternative bids will not be considered unless specifically provided for in the Bidding Schedule. No Bid received after the time fixed, or received at any place other than the place stated in the Invitation For Bid will be considered. All bids will be opened and read publicly. Bidders, their representatives and other interested parties are invited to be present at the opening. Where bonds are required, the bidder shall name in its Bid the surety or sureties who have agreed to furnish said bonds.
B-6. Bid Security
Each bid must be accompanied by a cashier’s check, certified check, or bid bond, executed on the prescribed form, in an amount not less than ten (10) percent of the total bid price payable to the City of Eastvale.
The cashier’s check or certified check payable to the City of Eastvale and drawn on a solvent bank of the United States of America, or Bid Bond shall be given as a guarantee that the successful bidder will enter into a written contract within ten (10) days after being requested to do so and will be considered as the stipulated amount of liquidated damages in the event the bidder is unable to or refuses to execute a contract for the work. Upon an award to the successful bidder, the security of unsuccessful bidders shall be returned in a reasonable period of time.
Bidders are hereby notified that in accordance with the provisions of Public Contracts Code section 22300, securities may be substituted for any monies, which the City may withhold pursuant to the terms of this Contract to ensure performance.
If the bidder elects to provide a bid bond, the bond shall be furnished by a company that is authorized and licensed by the Insurance Commissioner as an “admitted surety insurer.” Bid Security shall be submitted as follows:
• Original Paper Hard Copy Bid Bond. If the Bidder’s Bid Security is in the form of a hard copy of the Bid Bond, the original copy Bid Bond, along with the Attorney-In284 8 Fact Certificate and Surety Resolutions attesting to the appointment and authority of the Attorney-In-Fact must be mailed and received by the City of Eastvale before the latest date/time for submitting Bid Proposals. If the hard copy Bid Bond is received by the City after the latest date/time for submitting Bid Proposals will result in rejection of the Bidder’s Bid Proposal for non-responsiveness. The submitted hard copy Bid Bond must include original signatures of the Bidder/Principal, Surety Attorney-In-Fact and Notary Public. Bid Security in the form of a hard copy Bid Bond must be mailed or delivered by the Bidder to the Finance Department in a sealed envelope with the exterior prominently marked with the Bidder’s name, Project Name and Bid Number.
Bidders shall submit Bid Bond or Certified Check in a sealed envelope to the address shown below:
City of Eastvale – Finance Department
Attention: Karla Lopez, Purchasing Manager
12363 Limonite Ave Suite 910
Eastvale, CA 91752
• Electronic Bid Bond. Bid Security may be submitted in the form of a verified electronic Bid Bond. If an electronic Bid Bond is submitted as the Bid Security, the electronic Bid Bond will be accepted only if the electronically issued Bid Bond is in the form and content included with the Contract Documents and issuance of the electronic Bid Bond is verified through Surety2000 (http://www.surety2000.com/). Bidder submitting an electronic Bid Bond are solely responsible for completing Surety2000 registration requirements and payment of Surety2000 fees and charges. The City will accept electronic Bid Bonds in satisfaction of Bid Security requirements as an accommodation to Bidders. The City is not responsible to Bidders for: (i) Surety2000 acts or omissions; (ii) the complete/timely verification of electronically issued Bid Bonds; or (iii) any other errors in the electronically issued Bid Bond.
B-7. List of Subcontractors
(a) Each bidder shall set forth in his Bid on the form provided the following information in accordance with the provisions of Public Contract Code sections 4100-4113:
(1) The name, location of the place of business, and contract license number of each Subcontractor who will perform work or labor or render service to the prime Contractor in or about the construction of the work or improvement, or a Subcontractor licensed by the State of California who, under subcontract to the prime Contractor, specifically fabricates and installs a portion of the work or improvement according to the Contract Documents, in any amount in excess of one-half of one percent (0.5%) of the prime Contractor’s total Bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of one percent (0.5%) of the Contractor’stotal bid or ten thousand dollars ($10,000), whichever is greater. (2) The portion of the work which will be done by each such Subcontractor, only one Subcontractor shall be listed for each such portion of the work as defined in the Bid. (3) The bidder is considered the prime contractor and shall perform at least fifty285 9 one percent (51.0%) of the work, as determined by a percentage of the value of the work. (b) If the bidder fails to specify a Subcontractor for any portion of the work to be performed under the Contract pursuant to Section B-7(a) above, the bidder agrees to perform that portion of the work itself.
B-8. Interpretation of Contract Documents
Any explanation desired by the bidders regarding the meaning or interpretation of any of the Contract Documents must be requested in writing, with sufficient allowance of time for receiptof reply before the time set for opening of Bids. Any such explanations or interpretations will be issued by written Addenda as described in Section A-11. Questions. Neither the City Engineer nor any representative of the City is authorized to give oral explanations or interpretations of Contract Documents, and a submission of a Bid constitutes agreement by the bidder that it has placed no reliance on any such oral explanation or interpretation. However, the City Engineer may, upon inquiry by bidder, orally direct the bidder’s attention to specific provisions of the Contract Documents which cover the subject of the inquiry.
B-9. Modification of Bids
Electronic modifications to bids may be made by the bidder prior to the bid closing deadline.
B-10. Withdrawals of Bids
Bids may be withdrawn without prejudice by the bidder prior to the bid closing deadline. No bid may be withdrawn after the hour affixed for opening Bids without rendering the accompanying Bid Security subject to retention as liquidated damages in like manner as in the case of failure to execute the Agreement after award, as in the Contract Documents herein provided. Negligence on the part of the bidder preparing his bid shall not constitute a right to withdraw the Bid subsequent to the opening of Bids. The bonds must be approved by the City. Prior to such approval, the Surety shall provide the documentation required by California Code of Civil Procedure section 995.660.
B-11. Discrepancies
In the case of discrepancy between unit prices and totals, unit prices will prevail. In case of discrepancy between words and figures, words will prevail.
B-12. Servicing and Maintenance
Each bidder must, if requested, furnish evidence that there is an efficient service organization which regularly carries a stock of repair parts for the proposed equipment to be furnished and installed in the work and that the organization is conveniently located for prompt service.
B-13. Disqualification of Bidders
More than one Bid from an individual, firm, partnership or corporation under the same or different names will not be considered. Reasonable grounds for believing that any individual, firm, partnership or corporation is interested in more than one Bid for the work contemplated may cause 286
10 the rejection of all Bids in which the individual, firm, partnership or corporation is interested. If there is reason for believing that collusion exists among the bidders, any or all Bids may be rejected. Bids in which the price is obviously unbalanced may be rejected.
All bidders are put on notice that any collusive agreement fixing the prices to be bid so as to control or affect the awarding of this Contract is in violation of the competitive bidding requirements of the Public Contract Code and may render void any Contract let under such circumstances.
B-14. Bidder Responsiveness
Failure of the Bidder to provide requested information in a complete and accurate manner may be considered non-responsive resulting in rejection of the bid. The use of “N/A” or “n/a” in response to any request for information without an explanation as to why that abbreviation is being used may render the bid non-responsive.
B-15. Bidder Responsibility and Debarment
Bidders are hereby notified that, the City may give a Bidder notice of a tentative determination that they are debarred or believed to be non-responsible and provide said Bidder the opportunity to offer evidentiary support that the Bidder has not committed any of the following through the Bid Protest process in accordance with Section B-16 below: (1) violated a term of a contract, present or past, with the City or other entity; (2) committed an act or omission which negatively reflects on the Contractor’s quality, fitness, or capacity to perform a contract with the City or any other entity or engaged in a pattern or practice which negatively reflects on the same; (3) committed an act or omission which evidences a lack of business integrity or business honesty; (4) made or submitted a false claim against the City or any other entity; or (5) received a fine or citation for performing work in an unsafe manner; or (6) violated a condition, rule, regulation, permit, or standard applicable to a contract with the City or any other entity. In arriving at their determination, the City’s Public Works Director/City Engineer may consider Bidder’s past conduct on City projects or on any other public or private projects upon which Bidder performed work.
B-16. Bid Protest
Any Bid protest in connection with the construction contract or work must be submitted in writing to the City’s Purchasing Manager via email at [email protected] or delivered to 12363 Limonite Ave., Suite #910, Eastvale, California, 91752, before 3:00 p.m. of the fifth day following opening of Bids or following the notification described in Section B-15 above. (a) The protest must contain a complete statement of the basis for the protest, and all supporting documentation. The protest must state the facts and refer to the specific portion of the bid document or statute which forms the basis for the protest. (b) The Bidder filing the protest must have submitted a Bid for the Work. A subcontractor or supplier may not submit a Bid Protest. A party may not rely on the Bid protest submitted by another Bidder but must timely pursue its own protest.
(c) The protest must include the name, address and telephone number of the person representing the protesting party.
287
11 (d) Only Bidders who the city otherwise determines are responsive are eligible to protest a Bid; protests from any other Bidders will not be considered. In order to determine whether a protesting Bidder is responsive, City may evaluate all information contained in any protesting Bidder’s Bid and conduct the same investigation and evaluation as City is entitled to take regarding an apparent low bidder.
(e) The party filing the protest must concurrently transmit a copy of the protest and any attached documentation to all other parties with a direct financial interest which may be adversely affected by the outcome of the protest. Such parties shall include all other Bidders who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest.
(f) The procedure and time limits set forth in this Section are mandatory and are the Bidder’s sole and exclusive remedy in the event of Bid protest. The Bidder’s failure to comply with these procedures shall constitute a waiver of any right to further pursue a Bid protest, including filing a Government Code Claim or legal proceedings. A Bidder may not rely on a protest submitted by another Bidder but must timely pursue its own protest. (g) If the City determines that a protest is frivolous, the protesting bidder may be determined to be non-responsible and that bidder may be determined to be ineligible for future contract awards. The City’s decision is final, and no other appeals shall be accepted.
B-17. Bid Award of Contract (Agreement)
The City reserves the right to accept or reject any and all Bids for a period of ninety (90) days after the date of opening, and to waive any informality or irregularity in any Bid. No Bid can be withdrawn during that period.
The City reserves the right to reject any or all Bids, including, without limitation, the right to reject any non-conforming, non-responsive, unbalanced, or conditional bids.
Before a Bid is considered for award, the City may, in addition to the Experience Qualifications form set forth in Section C, require a bidder to submit a statement of facts and detail as to his business, technical organization and financial resources and equipment available and to be used in performing the work. Additionally, the City may require evidence that the bidder has performed other work of comparable magnitude and type. The City expressly reserves the right to reject any Bid if it determines that the business and technical organization, equipment, financial and other resources or other experience of the bidder (including the bidder’s Subcontractors) is not sufficiently qualified for the work bid upon and, therefore, justifies such rejection.
The award of the Contract, if it is awarded, will be to the responsible bidder submitting the lowest responsive bid. Within seven (7) days after the date of bid opening, the responsible bidder with the lowest, responsive bid shall deliver to the City, in a form acceptable to the City, a complete cost breakdown for the project herein bid.
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12 B-18. Contract Bonds
The successful bidder shall furnish both a Performance Bond and a Payment Bond in the amounts specified in the forms attached hereto.
These Bonds shall be furnished in the forms enclosed following the Contract and shall be satisfactory to the City and shall be obtained from a responsible corporate surety (or sureties) acceptable to the City, which is licensed by the State of California to act as surety upon bonds and undertakings and which maintains in this State at least one office for the conduct of its business.
The surety (or sureties) shall furnish reports as to its financial condition from time to time as requested by the City. The premiums for said Bonds shall be paid by the successful bidder.
These Bonds shall be furnished by companies who are authorized and licensed by the Insurance Commissioner as an “admitted surety insurer.” The surety shall provide the City with the documentation required by Section 995.660 of the California Code of Civil Procedure.
If any surety becomes unacceptable to the City or fails to furnish reports as to its financial condition as requested by the City, the Contractor shall promptly furnish such additional security as may be required from time to time to protect the interests of the City and of persons supplying labor or materials in the prosecution of the work contemplated by this Contract.
In the event of any conflict between the terms of the Contract and the terms of the Bonds, the terms of the Contract shall control and the Bonds shall be deemed to be amended thereby. Without limiting the foregoing, the City shall be entitled to exercise all rights granted to it by the Contract in the event of default, without control thereof by the surety, provided that the City gives the surety notice of such default at the time or before the exercise of any such right by the City, and, regardless of the terms of said Bonds, the exercise of any such right by the City shall in no manner affect the liability of the surety under said Bonds.
B-19. Substitution of Securities for Monies Withheld
Bidders are hereby notified that in accordance with the provisions of Public Contract Code section 22300, securities may be substituted for any monies which the City may withhold pursuant to the terms of the Contract to insure performance.
B-20. Execution of Contract
The successful bidder will be notified in writing by the City of the award of the Contract within ninety (90) days after opening of Bids. Accompanying the City’s Notice of Award will be the Contract, in triplicate, which the successful bidder will be required to execute and return, together with the Performance and Payment Bonds, and the required certificates and policies of insurance together with the required endorsements thereto (or equivalent) for the Contractor and the workers’ compensation certificate (see Section 22-C of the Agreement or Exhibit “D”), to the City within ten (10) days following receipt of such Notice of Award. Failure to do so shall be just cause for annulment of the award and for forfeiture of the Bid Bond which shall be retained as liquidated damages, and it is agreed that the bond sum is a fair estimate of the amount of damages that the City will sustain by reason of such failure. The City will promptly determine whether such Contract, Bonds and insurance are as required by the Contract Documents, and upon such determination will forward a fully executed copy of the Contract and a Notice to Proceed with the 289
13 work to the successful bidder. Signature by both parties constitutes execution of the Contract. In the event of failure of the lowest responsible bidder to sign and return the Contract with acceptable Bonds and insurance as prescribed herein, the City may award the Contract to the next lowest responsible bidder, and, in the event that bidder fails to sign and return the Contract with acceptable Bonds and insurance, the City may award the Contract to the then next lowest responsible bidder, etc.
B-21. Return of Bid Securities
All Bid Securities will be held until the Contract has been finally executed, after which all Bid Securities, other than any Securities which have been forfeited, will be returned to the respective bidders. It is the bidder’s responsibility to request and coordinate the return of any bid bonds or certified checks.
B-22. Power of Attorney
The Attorney-in-Fact (resident agent) who executes the Performance Bond and Payment Bond on behalf of the surety company must attach a copy of his Power of Attorney as evidence of his authority. A notary shall acknowledge the power as of the date of the execution of the surety bond which it covers.
B-23. Time of Completion and Liquidated Damages
The Contractor shall begin work after the contract has been approved by the City Attorney and only after written notice to proceed with work has been issued by the City. The Contractor shall then have ten (10) calendar days after receipt of written notice to proceed to begin work. The counting of contract days will begin ten (10) calendar days from the time the Contractor receives the Notice to Proceed or when Contractor starts work, whichever comes first.
The time of completion of the work to be performed hereunder is the essence of this Contract.
Delays and extensions of time may be allowed in accordance with the provisions of the Agreement for Construction Services.
The Contractor shall complete all Work under the Contract within 31 working days.
B-24. Licensing Requirements for Contractors
All bidders, including general contractors and specialty contractors, shall hold such licenses as may be required by the laws of the State of California for the performance of the work specified in the Contract Documents.
Effective April 1, 2015, Contractors and subcontractors bidding and performing work on public works project must register on an annual basis with Department of Industrial Relations (DIR). A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. 290
14 B-25. Escrow of Bid Documents
Upon award of the job to the successful bidder, and at the time of execution of this Contract, Contractor shall present all documentation used by the successful bidder in arriving at the bid upon which the Contract was awarded (“Bid Documentation”) to the City Engineer’s office. Such documentation shall be presented in a sealed envelope or box. Notice to Proceed will not be granted until City receives notice that such documentation has been received. This Bid Documentation shall include, but not be limited to any documents, pictures, or writings which relate to, arise out of, or constitute in any way notes, memoranda, phone logs, subcontractor and materialmen estimates, computations, or the like used by, complied by, or drafted by the successful bidder or its agents in arriving at its bid for the Project.
B-26. Preconstruction Conference
A preconstruction conference will be convened after the Contractor has delivered the necessary bonds, insurance certificates and signed agreement in proper form as required in the Invitation For Bid, bid proposal and general conditions of these specifications. Prior to any work, the Contractor shall provide the City Engineer with a list of key personnel assigned to the project and the telephone numbers where they may be reached at any time. The list shall be made available in sufficient copies and presented at the preconstruction conference. 291
15 SECTION C. BIDDER’S PROPOSAL
BIDDER SHALL SUBMIT ALL FORMS UNDER SECTION C. BIDDER’S PROPOSAL AS PART OF THE BID. FAILURE TO DO SO SHALL RESULT IN A NON-RESPONSIVE BID.
For the: 2026 Residential Slurry Seal Project #94001 Bid Number: 26-112CIP
1. Bidder’s Company Name: ___________________________________________________
2. Type of Business: ___________________________________________________________ (Individual, LLC, Partnership, or Corporation)
3. Business Street Address: _____________________________________________________ (Please include street address even if P.O. Box used)
4. City, State, Zip Code: _______________________________________________________
5. Telephone No: ( ) ______________Secondary Phone: (____)____________________
6. Department of Industrial Relations (DIR) Registration No. ________________________
7. State Contractors License and Classification: ___________________________________
8. List the names, titles, and email addresses of all principals and officers authorized to bind your company:
Name Title Email Address
Proposal To: The Honorable Mayor and City Council
City of Eastvale
Eastvale, California
The undersigned, as bidder, declares that he has carefully examined the location of the proposed work as described, examined the Plans, Specifications, Special Provisions, and other contract documents, together with all Addenda issued by the City of Eastvale, read the Instructions to Bidders, and is familiar with all proposal requirements, and hereby proposed and agrees, if the proposal is accepted, to complete the said construction in accordance with the Contract Documents, in the time stated herein, for the unit price or lump sum given on the following pages of this proposal, amounting to a base bid total of:
$
Words Figures
292
16 Said amount to include and cover all taxes, the furnishing of all materials, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, and other means of construction; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifications or the drawings for the work.
If the contract is awarded, the undersigned agrees to enter into a contract with the City of Eastvale and to commence work within ten (10) calendar days from the date of issuance of the Notice to Proceed and to diligently prosecute the work to completion within forty (40) working days.
All bids are to be computed on the basis of the given Estimated Quantities of Work, as indicated in this proposal, times the unit prices as submitted by the bidders. In case of discrepancy between words and figures, the words shall prevail. In case of discrepancy between unit prices and the extension thereof, the unit price shall prevail and bids will be computed as indicated above and compared on the basis of corrected totals, given solely as a basis for comparison of bids. It is understood that the City does not expressly, nor by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any item or portion of the work or to omit portions of the work as may be deemed expedient by the Engineer.
It is also understood by Bidder that the City of Eastvale has the right to reject this proposal or to award a contract to the undersigned at the prices stipulated. If the proposal is rejected, then any check or cashier's check shall be returned to the undersigned within thirty (30) days. No bid bonds will be returned. If the proposal is accepted and the undersigned fails to enter into a contract within fifteen (15) days after the agreement is delivered to him for signature, or within such further time as may be granted by the Members of the City Council, then said check shall be cashed or said bond declared forfeit and an amount equal to the difference between the lowest bid and the next lowest bid who will execute a contract shall be paid into the treasury of the City of City of Eastvale as liquidated damages for the failure of the undersigned to comply with the terms of this proposal.
Accompanying this proposal is ____________________________________ (Insert "$___________ cash," cashier's check, certified check or bidder's bond forms included in these Contract Documents, as the case may be), in an amount equal to at least ten percent (10%) of the total bid.
The following is the name and place of business of the surety company which will furnish the required bonds as surety if the work is awarded to the undersigned:
..............
NOTICE - If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a co-partnership, state 293
17 true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in full.
ADDENDA - This Proposal is submitted with respect to the changes to the contract included in addenda number/s:
(Fill in addenda numbers if addenda have been received and insert, in this Proposal, any Engineer's Estimate sheets that were received as part of the addenda.) By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code). By my signature on this proposal, I further certify, under penalty of perjury under the laws of the State of California and the United States of America, that the Noncollusion Affidavit required by Title 23 United States Code, Section 112 and Public Contract Code Section 7106; are true and correct.
Date: _________________________________
Signature and Title of Bidder
Signatures shall be notarized
Business Address______________________________________________________ Place of Business______________________________________________________ Place of Residence ____________________________________________________ Sign
Here
294
18 BID SCHEDULE
INVITATION FOR BID NO. 26-112CIP
The following quantities are approximate only and are given for the purpose of comparing proposals.
The City does not expressly or by implication agree that the actual amount of work will correspond with quantities given herein but reserves the right to increase or decrease the amount of any class or portion as deemed necessary or advisable by the City Engineer. Payment will be based upon the actual quantities installed or constructed, unless otherwise specified. 2026 Residential Slurry Seal Project
Project# 94001
(Base Bid)
Item
No. Description Units Est. Quantity Unit Price Total Price 1 Mobilization LS 1
2 Water Pollution Control Program
Plan LS 1
3 Traffic Control System LS 1
4 Public Notification LS 1
5 Asphalt Rubber Aggregate
Membrane (ARAM) SF 299,314
6 Rubberized Emulsion Aggregate
Slurry (REAS) Type II over ARAM SF 299,314
7 1.5” Cold Mill at Cul-de-Sac TON 716
8 1.5” AC Overlay at Cul-de-Sac TON 716
9 Rubberized Emulsion Aggregate
Slurry (REAS) Type II SF 701,622
10 Base Repair – Remove Existing
Pavement and Construct Full Depth
AC, B2-PG 64-10 (5” depth)
SF 6,345
11 Crack Seal LS 1
295
19 12 Traffic Striping and Pavement
Marking LS 1
13 Pavement Markers – Blue LS 1
14 Remove and Reconstruct
Curb Ramps EA 2
15 Retrofit Truncated Domes on
Existing Surfaces EA 17
16 Monument Preservation LS 1
TOTAL BASE BID:
(SUM OF LINES #1 THROUGH 16)
$ ____________________
296
20 2026 RESIDENTIAL SLURRY SEAL
PROJECT #94001
ALTERNATE BID “A” (CONCRETE)
Item
No.
Description Units Est. Quantity Unit Price
A-1 Remove and Replace
Sidewalk Section 4" Thick Per City of
Eastvale Standard 400
SF 101 UP TO 500
A-2 SF 501 UP TO 1000
A-3 SF 1001 UP TO
2000
A-4 Remove and Replace
"A-6" Curb & Gutter Per City of Eastvale
Standard 200
LF UP TO 100
A-5 LF 101 UP TO 500
A-6 LF >500
A-7 Remove and Replace
Curb Only Per City of Eastvale Standard
200
LF UP TO 100
A-8 LF 101 UP TO 500
A-9 LF >500
A-10 Remove and Replace
Curb Only Per City of Eastvale Standard
201
LF UP TO 100
A-11 LF 101 UP TO 500
A-12 LF >500
A-13 Install "D-1" type Curb Only Per City of
Eastvale Standard 203
LF UP TO 100
A-14 LF 101 UP TO 500
A-15 LF >500
A-16 Provide and Install Base (CMB) TON ≤5
A-17 TON >5
A-18
Sidewalk Grinding
LF UP TO 100
A-19 LF 101 TO 500
A-20 LF >500
A-21
Curb Ramps
EA 1 TO 5
A-22 EA 6 TO 10
A-23 EA >10
A-24
Cross Gutter
SF 101 TO 500
A-25 SF 501 TO 1000
A-26 SF 1001 UP TO 2000
A-27
Adjust Water Valve Frame and Cover to
Grade
EA 1 TO 5
A-28 EA 6 TO 10
A-29 EA >10
TOTAL ALTERNATE BID:
(SUM OF LINES #A-1 THROUGH A-23)
$ _____________
297
21 2026 RESIDENTIAL SLURRY SEAL
PROJECT #94001
ALTERNATE BID “B” (ASPHALT)
Item
No.
Description Units Est. Quantity Unit Price
B-1 Remove and Replace Asphalt Section Up
To 5" Thick (2" Surface Course over 3"
Base Course)
SF UP TO 7,932
B-2 SF 7933 TO 10,000
B-3 SF >10,000
B-4 Remove and Replace Asphalt Section Up
To 6" Thick (2" Surface Course over 4"
Base Course)
SF UP TO 7,932
B-5 SF 7933 TO 10,000
B-6 SF >10,000
B-7 Grind and Overlay 2" with Conventional
Asphalt (1/2")
SF UP TO 500
B-8 SF 501 TO 2000
B-9 SF >2000
B-10
Traffic Loop Detectors
EA 1 TO 5
B-11 EA 6 TO 10
B-12 EA >10
B-13 Provide and Install Base (CAB) TON ≤5
B-14 TON >5
TOTAL ALTERNATE BID:
(SUM OF LINES #B-1 THROUGH B-14)
$ _____________
$
ALTERNATE BID TOTAL (Words) (Figures)
(Sum of Alternate Bids “A” and “B”)
$
GRAND BID TOTAL (Words) (Figures)
(Sum of Base Bid & Alternate Bids “A” and “B”)
298
22 BID BOND
We, ________________________________________________________________ as Principal, and ____________________________________________________________________ as Surety are bound unto the City/County of _________, State of California, hereafter referred to as "Obligee", in the penal sum of ten percent (10%) of the total amount of the bid of the Principal submitted to the Obligee for the work described below, for the payment of which sum we bind ourselves, jointly and severally, THE CONDITION OF THIS OBLIGATION IS SUCH, THAT:
WHEREAS, the Principal is submitted to the Obligee, for ___________________________________ ____________________________________________________________________________________ (Copy here the exact description of work, including location as it appears on the proposal) ____________________________________________________________________________________ for which bids are to be opened at _____________________ on _______________________________ (Insert place where bids will be opened) (Insert date of bid opening) NOW, THEREFORE, if the Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form, in conformance with the bid, and files two bonds with the Obligee, one to guarantee faithful performance of the contract and the other to guarantee payment for labor and materials as provided by law, then this obligation shall be null and void; otherwise, it shall remain in full force.
In the event suit is brought upon this bond by the Obligee and judgment is recovered, the Surety shall pay all costs incurred by the Obligee in such suit, including a reasonable attorney's fee to be fixed by the court.
Dated: , 2026
Principal
Surety
By
Attorney-in-fact
All Signatures above needs to be NOTARIZED and submitted with Bid Bond
CERTIFICATE OF ACKNOWLEDGEMENT
State of California
City/County of SS
On this day of in the year 20 before me
, personally appeared ,
Attorney-in-fact
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within 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. (SEAL)
Notary Public
299
23 NON-COLLUSION AFFIDAVIT
TO THE CITY OF EASTVALE
In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. 300
24 EXPERIENCE/QUALIFICATIONS STATEMENT
1. The bidder has been engaged in the contracting business, under the present business name for ____ years.
2. Experience in work of a nature similar to that covered in the proposal extends over a period of _____ years.
3. List any projects your company has failed to complete within the last five years due to a termination of contract. For each project, list the type of project, client’s name, contact person, current telephone number, email address, and provide a brief description of the grounds for termination. Bidder may attach a separate sheet if needed.
Check appropriate box: None See list below
Type of Work/Project Name Project Owner/Client Contact Person Contact Phone No. and email address
Description:
Type of Work/Project Name Project Owner/Client Contact Person Contact Phone No. and email address
Description:
Type of Work/Project Name Project Owner/Client Contact Person Contact Phone No. and email address
Description:
4. The following contracts have been satisfactorily completed in the last three (3) years for the persons, firm or authority indicated, and to whom reference is made:
Check appropriate box: None See list below
Project Name Contract
Amount
Date of
Completion
Project
Owner/
Client Name
Contact
Person
Contact Phone
No. and email
address
Description of work:
301
25 Project Name Contract
Amount
Date of
Completion
Project
Owner/
Client Name
Contact
Person
Contact Phone
No. and email
address
Description of work:
Project Name Contract
Amount
Date of
Completion
Project
Owner/
Client Name
Contact
Person
Contact Phone
No. and email
address
Description of work:
5. List the name of the person(s) (A MINIMUM OF ONE) who inspected the site of the proposed work for your company.
Name: Position/Title Date of Inspection:
6. The following is a list of plant and equipment owned by the bidder, which is definitely available for use on the proposed work as required. Bidder may attach a separate sheet if needed.
Quantity Name, Type and
Capacity
Condition Location
7. If requested by the City, the Bidder shall furnish a notarized financial statement, financial data, or other information and references sufficiently comprehensive to permit an appraisal of its current financial condition or ability to perform the work.
Failure to furnish information upon request will render the bid nonresponsive.
All of the above statements regarding Contractor's experience and financial qualifications are submitted in conjunction with the Bid Proposal, as a part thereof, and the truthfulness and accuracy of the information is guaranteed by the Bidder. 302
26 DESIGNATION OF SUBCONTRACTORS
The Bidder shall list the name, address and license number of each subcontractor to whom the Bidder proposes to subcontract portions of the work. It is understood and agreed that all those portions of the work called for in the contract documents for which a sub-contractor is not listed will be performed by the undersigned through his forces. If no sub-contractors are listed, all bonds and insurance will be written in the name of the general contractor only. Bidder may attach a separate sheet if needed.
Check appropriate box: None See list below
Information must be typed or clearly printed.
BUSINESS NAME AND ADDRESS
(1)
CSLB
NUMBER
(2)
DIR
REGISTRATION
NO.
(3)
BID ITEM
NUMBERS
(4)
PERCENTAGE OF BID ITEM
SUBCONTRACTED AND PORTION OF
WORK TO BE PERFORMED BY
SUBCONTRACTOR
(5)*
* If you are subcontracting a whole bid item, insert one hundred percent (100%); if less, insert actual percentage.
303
27 PUBLIC CONTRACT CODE
1. PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California, the following regarding conviction within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1, that the bidder:
• _____ Has been convicted as described above.
• _____Has not been convicted as described above.
Note: The bidder must place a checkmark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
2. PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:
• Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?
Yes _____ No _____
• If the answer is yes, explain the circumstances in the following space. A separate sheet may be attached if needed.
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 304
28 3. PUBLIC CONTRACT CODE 10232 STATEMENT
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.
Note: The above Statement and Questionnaire are part of the Bidder’s Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
305
29 SECTION D. TECHNICAL SPECIFICATIONS
The work for which this proposal is submitted is for construction in conformance Technical Specifications described below, including any addenda thereto, the contract annexed hereto, and also in conformance with the “Standard Specifications for Public Works Construction, 2021 Edition” (Latest Edition) (Standard Specifications), City of Eastvale Standards for Design and Construction of Public Improvements, City of Eastvale Standard Specifications for Design and Construction of Public Improvements, any referenced Special Provisions, and the California Department of Transportation Standard Plans and Specifications, 2018 Edition (State Standard) and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished. The Plans for the work are titled as follows: 2026 Residential Slurry Seal Project, #94001.
1. EXISTING FACILITIES
Where excavations are performed in the vicinity of underground utility services, the Contractor shall, as necessary, perform initial exploratory excavations to determine their exact location.
Extreme care shall be exercised by the Contractor to avoid damage to utility services and to coordinate the work with utility agencies. It shall be the Contractor’s responsibility to have repairs made to existing facilities in the event of damage. The costs of all such repairs are the Contractor’s responsibility.
The Contractor shall notify Dig Alert at 811 forty-eight (48) hours prior to the start of any work.
This project may include work on streets with mature trees adjacent to the roadway. In some locations, the tree canopy may extend over the roadway. It is the responsibility of the Contractor to conduct construction operations around said tree canopy such that the work is accomplished without damaging or injuring tree or tree limbs in any way.
Measurement and Payment
Full compensation for EXISTING FACILITIES, as specified herein, shall be considered as included in the prices paid for the various items of work involved and no additional compensation will be made therefore.
2. MOBILIZATION
Mobilization shall be accomplished in accordance with the provisions set forth in Section 2-4, "Contract Bonds", and Section 9-3.4, "Mobilization" of the Standard Specifications, except as modified and supplemented below:
The Scope of Work under this Item shall include all the incidental work items and costs necessary for mobilizing and demobilizing the contract work effort, personnel, equipment, etc.; obtaining all necessary Bonds and Certificates of Insurance; miscellaneous management and overhead costs; miscellaneous site preparation, and cleanup as necessary; and any other miscellaneous workcosts not classifiable under the other Bid Item numbers.
The cost of bonds, insurance, move in and move out costs, preparation and submission of submittals, obtaining encroachment permits, and miscellaneous incidental costs, shall beincluded in the Bid Item. No work shall be started without prior approval of the submittals. Failure to comply 306
30 with the preceding requirement will be sufficient ground for the City Inspector to stop all work on the project until the requirements are met.
Sanitary facilities shall be supplied and maintained by the Contractor for the duration of the contract work.
Measurement and Payment
Payment for Mobilization shall be at the price bid per Lump Sum (LS) and shall be considered full compensation for doing all work as specified herein and no additional compensation will be allowed therefore. Seventy five percent (75%) of the lump sum amount will be eligible for inclusion in the first progress payment, with the remaining twenty five percent (25%) not eligible for inclusion until one hundred percent (100%) of the work has been completed and if progress of the work is satisfactory.
3. WATER POLLUTION CONTROL PROGRAM
As part of the Contractor’s Water Pollution Control Program, the Contractor shall submit a Stormwater Pollution Prevention Plan (SWPPP), conforming to “The Construction Site Best Management Practices (BMPs) Manual" and the "Stormwater Pollution Prevention Plan (SWPPP) and Water Pollution Control Program (WPCP) Preparation Manual" for the State of California, for review and acceptance at least ten (10) working days prior to the pre-construction conference. The Contractor shall revise the SWPPP as indicated by the City.
In the event that the project is not completed due to the weather, the City Engineer will notify the Contractor to cease operations. After notification, the Contractor shall cease operations as indicated in the notification and winterize the project as specified in the Contractor’s SWPPP and to the satisfaction of the City Engineer. When weather permits, the City Engineer will notify the Contractor to resume operations. After notification, the Contractor shall resume operationswithin ten (10) calendar days and diligently complete the Contract. The Contractor shall not make any claim nor receive compensation for anticipated profits, loss of profits, damages, or any extra payment due to the work stoppage ordered by the City Engineer due to inclement weather.
Measurement and Payment
The contract Lump Sum (LS) price paid for Water Pollution Control Program Plan shall include full compensation for ceasing operations, mobilization, performing all work items as contained in the SWPPP and conforming to the requirements of this section and no additional compensation will be allowed therefore.
4. CONTROL OF MATERIALS
The Contractor shall comply with the requirements as set forth in Section 4, “Control of Materials” of the Standard Specifications.
All materials required to complete the work under this contract shall be produced or furnished, delivered, and installed by the Contractor unless otherwise specified in these specifications. The Contractor shall be responsible for controlling the quality of materials entering the work and of the work performed.
The Contractor is responsible for the costs and making all the arrangements to stockpile and store materials and/or equipment as work is performed. The City Engineer shall approve the duration 307
31 and location of all temporary stockpiles and storage location for the Contractor’s material and/or equipment within the right of way. The Contractor shall immediately comply with the City Engineer’s instructions regarding any stockpile or storage locations to the satisfaction of the City Engineer.
Measurement and Payment
Full compensation for Control of Materials for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore.
5. PROGRESS SCHEDULE
Progress schedules shall conform to Section 6 “Prosecution, Progress, And Acceptance of the Work” of the Standard Specifications.
During the duration of the contract, on or before the first calendar day of each month, the Contractor shall submit a complete, updated progress schedule to the Engineer. Updated progress schedules shall incorporate all current schedule information, actual progress, approved adjustments of time, and proposed changes in sequence and logic.
The Contractor shall also submit, on a weekly basis, a three-week rolling schedule. The three-week rolling schedule shall be submitted on the first day of the work week or asindicated by the Engineer at the Pre-construction Conference. The weekly schedule shall include location of work areas proposed and work activity included that week and other pertinent information as requested by the Engineer.
When preparing the progress schedule, the Contractor shall accommodate school sites, businesses and the public within the work areas. See Traffic Control section for more details.
For submitted initial and resubmitted phased schedules via email, the Contractor is to copy the City of Eastvale’s Communications Division at the email addresses: [email protected] and [email protected].
Measurement and Payment
Full compensation for Progress Schedules, as specified herein, shall be considered as included in the prices paid for the various items of and no additional compensation shall be made.
6. INCLEMENT WEATHER PROTECTION
Contractor is directed to the “Water Pollution Control Program” section found elsewhere in these specifications.
In the event that the Contractor's work is suspended due to inclement weather for a period exceeding seven (7) calendar days, all sections of asphalt concrete for any dig outs or similar work where asphalt concrete has been removed, shall be backfilled with aggregate base or asphalt concrete to match the existing conditions grade. Compaction shall be a minimum of ninety percent (90%), and shall be placed in such a manner as to minimize the amount of standing water in the removed gutter sections and thereby reducing water infiltration into the road base. Driveway areas shall also be covered with trench plating. Areas that have been backfilled with aggregate base or asphalt concrete shall be protected as specified in the Contractor's WPCP. Upon resumption of work, the excess compacted aggregate base or asphalt concrete shall be removed with the 308
32 remaining aggregate base recompacted and tested prior to curb and gutter installation.
Measurement and Payment
Full compensation for ceasing operations (demobilization), providing and maintaining drainage inlet protection, performing variousitems within the Contractor's Water Pollution Control Program or as specified herein, and resuming operations (mobilization) after inclement weather shall be considered as included in the prices paid for the various items of work, no additional compensation shall be made.
Compensation for furnishing, placing, and removing aggregate base for inclement weather protection shall be considered as included in the prices paid for the various items of work and no additional compensation shall be made.
7. UNIT PRICE CONTRACT
Payment for all work bid at a price per unit of measurement will be based upon the actual quantities of work as measured upon completion. The Estimated Quantities provided in the Bid Documents are for comparative bidding only. The City does not express or imply that the actual amount of work or materials will correspond to the Estimated Quantities. The City reserves the right to increase or decrease the amount of any class or portion of the Work, or to omit portions of the Work, as may be deemed necessary or advisable in the sole discretion of the City.
8. EXISTING HIGHWAY FACILITIES AND PRESERVATION OF PROPERTY The Contractor's attention is directed to Section 15, "Existing Facilities," of the State Standard. It shall be the responsibility of the Contractor to protect existing curb, gutter, culverts, signs, traffic signal detectors, and other roadway appurtenances not scheduled for removal under this contract while performing work under the Contract. Facilities damaged due to the Contractor's operations shall be repaired or replaced as directed by the City Engineer by the Contractor at his sole expense.
Facilities damaged due to the Contractor’s operations shall be repaired or replaced as directed by the Engineer at the Contractor’s sole expense.
In the event that a sign is knocked down, the Contractor shall immediately notify the Engineer and replace the sign within 48 hours or as determined by the Engineer. Regulatory Signs (Black on White Signs) shall be immediately replaced. Interruptions to the Traffic Signal shall be notified immediately, within one (1) hour, to the Engineer or contact (951) 232-7293 after business hours and on weekends. Costs incurred due to Contractor’s negligence shall be paid for at Contractors sole expense.
Existing Trees - This project may include work on streets with mature trees adjacent to the roadway. In cases where the tree canopy extends over the roadway, it is the responsibility of the Contractor to conduct construction operations around said tree canopy such that the work is accomplished without damaging or injuring tree or tree limbs in any way. The Contractor may trim the trees in order to better facilitate construction operations. Any tree trimming must be approved by the Engineer at least four (4) working days prior to the planned work operation. Advanced notices to adjacent property owners may be required as directed by the Engineer.
When permitted by the Engineer, tree pruning shall be performed by a Certified Arborist and in accordance with “Pruning Standards,” published by the Western Chapter of the International Society of Arboriculture. The Arborist may be a person in the employment of the Contractor so 309
33 long as the person has been certified by the Western Chapter of the International Society of Arboriculture. The Certified Arborist shall be approved in advance by the Engineer, and all pruning shall be done in the presence of the Engineer.
Overhead Utilities - This project includes work on streets with overhead utility and service lines.
There may be locations where utility and service lines may have minimal vertical clear distance or clearance above the existing elevations within the limits of work. It is the Contractor’s responsibility to conduct operations around the facilities such that the work is accomplished without damage to these facilities.
Manhole and Utility Covers, Survey Monuments - Before paving operations, the Contractor shall submit to the Engineer an inventory of all survey monuments/spikes, manhole and utility covers and any other miscellaneous covers and lids located within the project limits. Construction shall not begin until the inventory list is submitted to the Engineer. All survey monuments/spikes shall be protected during construction and exposed after construction.
Existing Traffic Striping, Markings, and Markers – Existing traffic stripes and pavement markers that are outside the areas of the project limits that are to remain in place shall be protected from wheel marks and other damage by the Contractor. Damaged traffic stripes and pavement markers shall be cleaned or replaced as approved by the Engineer. The restoration of such objects will be at the Contractor’s expense and in conformance with “Traffic Striping and Pavement Marking” found elsewhere in these specifications.
The Contractor shall be responsible for limiting the "tracking" of material off of the project site.
The Contractor shall sweep the street and/or sidewalk to remove the material. The Contractor shall submit to the City Engineer the proposed haul route to each job site two (2) working days priorto starting work.
Measurement and Payment
Full compensation for Existing Highway Facilities and Preservation of Property, as specified herein, shall be considered as included in the prices paid for the various items of work and no additional compensation shall be made.
9. AESTHETIC CLEAN UP
The Contractor is responsible for the timely removal of asphalt, concrete, dirt, and oil on gutters, sidewalks, driveways, catch basins, roadways within and adjacent to the project limits, and haul route roadways that was tracked, sprayed, or deposited by his equipment or personnel under his control.
Upon completion of all construction operations, all roadways within the project limits shall be cleaned by sweeping, flushing, power brooms, power blowers, or other means approved by the Engineer, to remove all dirt, foreign material including any paint markings. Haul routes shall be cleaned of materials tracked or deposited by the Contractor's equipment or personnel. All sanitary sewer and drainage facilities and their appurtenant structures constructed or modified under the contract shall be cleaned out. All materials and equipment in stockpile and storage locations shall be removed and the areas cleaned to the satisfaction of the Engineer.
Measurement and Payment
Full compensation for Aesthetic Clean-Up, as specified herein, shall be considered as included in the prices paid for by the various items of work and no additional compensation shall be made. 310
34 10. ORDER OF WORK
The Contractor shall prepare a written schedule denoting locations and times of planned activities, and other impacts. The schedule for planned activities shall be submitted to the Engineer before or at the time of the pre-construction meeting. Contractor shall note that work shall not start unless a schedule, Traffic Control Plan, Encroachment Permit, and the WPCP has been submitted and accepted by the Engineer and a preconstruction conference has taken place.
The Contractor must field verify all existing utilities, survey monument and shall submit the report to the Engineer prior to beginning work at each site.
All pavement preparation including base repair to grade, shall be completed and in place prior to placing crack seal within the same street.
There is no waiting time for crack sealing to be performed prior to the placement of slurry seal, per the manufacturer's recommendation.
Measurement and Payment
Full compensation for Order of Work, as specified herein, shall be considered as included in the prices paid for by the various items of work and no additional compensation shall be made.
11. TRAFFIC CONTROL SYSTEM
Attention is directed to Section 7-1.03, “Public Convenience,” of the State Specifications. The Contractor shall be responsible for the safety vehicular and pedestrian traffic within the project limits and on the approaches to the project.
Traffic Control Plan - The Contractor shall submit Traffic Control Plans (TCP) conforming to Section 601, “Work Area Traffic Control,” of the Standard Specifications and these provisions developed for the Project to assure that adequate consideration is given to the safety and convenience of motorists, bicyclists, pedestrians, and workers during construction. The TCPshall include all work within the City rights-of-way. Work shall not be allowed until the TCP has been reviewed and accepted by the Engineer. It is the Contractor’s responsibility to provide a qualified person to prepare the TCP. Contractor shall note that TCP may be required for individual work activity.
The TCP shall be submitted to the Engineer seven (7) calendar days prior to any work activity.
Under no circumstances shall any construction work affecting traffic be performed prior to the Engineer’s acceptance of the TCP and the installation of the required advisory signs.
The Contractor shall cooperate and allow City work crews to use the traffic control system when set up for the Contractor’s work as requested by the Engineer.
Hours of Work and Lane Closures - The Contractor shall notify and coordinate with the fire department, highway patrol, police, schools, Transit, Solid Waste, post office, and other agencies as required as to the road closure and the expected duration.
Special considerations shall be taken to implement the traffic control plan. The hours of work and traffic lane closures shall be as follows unless approved by the Engineer. Lane closure shall not be allowed without proper advances warning devices, signing, and flagmen control in conformance with the State Specifications and these specifications. 311
35 For all streets, unless noted elsewhere, the hours of work and lane closures shall be as follows unless approved by the Engineer:
• No work shall be performed on Saturday, Sundays, or legal holidays. • Hours of construction are between 8:00 am – 5:00 pm; Workdays are 8 hour days. • No lane of traffic shall be closed to the public prior to 8:30 a.m. and all lanes shall be open to traffic by 3:30 p.m.
• Generally, one of the traffic lanes in each direction of an existing four lane road, and one of the lanes of an existing two lane road can be closed to perform the required work.
• Lanes of traffic shall have a minimum width of 10 feet. • Where roads will have complete closures for the slurry seal work, Contractor shall prepare maps indicating where, dates and receive approval from the City prior to complete closures. The preparation of Street closures shall consider minimizing long distance for residents to park or walk to their homes.
At the completion of the work shift, all existing lanes of traffic shall be maintained and opened to traffic. In order for lanes to be open for traffic by the time designated, Engineer may direct work activity to stop two to three (2-3) hours in advance or earlier to accommodate hour restrictions.
The Contractor shall pay liquidated damages of $500.00 per ½ hour or portion of ½ hour that a traveled lane remains closed after the time designated in these specifications due to the Contractor’s operations.
The Engineer reserves the right to modify Contractor’s scheduled locations for construction operations to accommodate access for businesses/residents.
The Contractor shall provide for the uninterrupted passage of emergency vehicles through the Work zone at all times regardless of the controlled traffic conditions in place at the time. The Contractor shall be responsible for maintaining local property access and access to existing public cross-streets within the limits of this contract. Where applicable, Contractor shall sand driveways and other areas as needed for traffic access. Wash sand shall be used for sanding and shall be mechanically and evenly spread or broadcast.
Contractor shall place Type II barricade with “Road Closed” signs at the end of each street in the process of being resurfaced. Signs shall remain in place until the resurfaced pavement has cured sufficiently and when the road or lane is open for through traffic.
On-Street Parking - Contractor will provide, install, maintain and remove “No Parking” signs in areas ONLY where the Contractor’s work will require restricted parking. The Contractor shall place notification for the elimination of on-street parking, if required, at least forty-eight (48) hours, but not more than seventy-two (72) hours prior to the start of work. The signs shall clearly show the date(s) and hours of the parking prohibition. The signs will also need to include a short description of the work being performed. Writing shall be legible and visible for drivers of vehicles. The notification shall include the Contractor's name and phone number where questions can be directed by the public. This notice shall be affixed to a Type II barricade that is placed in the lane of the road, near lip of gutter, (max. 200 ft. spacing) used for on-street parking. No other location or method of placement is acceptable. The notification shall be in a form approved by the Engineer.
312
36 When originally scheduled paving dates change due to weather or other, Contractor shall remove and replace NO PARKING signs with corrected dates. CROSS OUT DATES IS NOT ALLOWED. Removal and/or replacement of corrected signs and barricades shall be performed within 24 hours of approved changed or as directed by the Engineer.
All construction signs, including barricades used for NO PARKING restrictions, shall be furnished, installed, and removed when no longer required in accordance with the provisions in Section 12, “Temporary Traffic Control,” of the State Standard Specifications and these specifications. Non-compliance with any stipulation of this section will be justification for the City to stop work.
Refer to Exhibit G for the City of Eastvale’s suggested template for Temporary No Parking and No Driving. Contractor shall submit Temporary No Parking and No Driving signs for City’s review and approval.
Towing - In the event that towing is required after proper notifications have been delivered and posted, and reasonable attempt have been made to the property owner or resident, the Contractor shall be responsible for towing vehicles. Contractor shall notify the Engineer prior to towing.The City shall not be responsible for any claims made as a result of towing from theContractor. Towing signs shall reference the California vehicle code CVC22651 (L).
Measurement and Payment
The contract Lump Sum (LS) price paid for TRAFFIC CONTROL SYSTEM shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals, and for doing all work involved in placing, removing, storing, maintaining, moving to new locations, and disposing of the components of the traffic control system.
12. PUBLIC NOTIFICATION
The Contractor shall be required to notify and cooperate with the public, transit companies, local law enforcement agencies, local fire districts, local utility companies, refuse collectors, schools, and any other persons or agencies who may be affected by this project at least seven (7) days prior to construction. Any changes in schedule will be coordinated with affected local agencies as needed and as requested by the Engineer. Other notifications may be required during project construction as outlined below.
Notifications will be provided by the Contractor relating to, but not limited to, the following items:
• General information
• Traffic delays and alternate routes
• Tree removals and/or trimming
• Driveway closures
• Water service interruptions
• Temporary relocation of bus stops
• Adjustment of utilities
• Waste pick up
• Transit disruptions
7-Day General Notifications - Before Contractor begins any work, all residents and businesses on each street affected by the work shall be notified in writing, at least seven (7) calendar days in advance. This notification will provide general information about the project, approximate range 313
37 of dates on when construction will take place, time of work, Contractor’s name and phone number and any other pertinent information for residents.
The Contractor shall provide the Engineer a copy of all written notifications for review seventytwo (72) hours prior to delivery. 72-Hour Notifications - The Contractor is responsible for delivering Notifications/Door hangers PRIOR to the slurry seal operations. Notification will require dates, times and other pertinent information regarding the project and shall be approved by the Engineer prior to distribution. The Contractor is responsible for providing a phone number on the notice that can be reached after hours and on weekends by resident and businesses to answer their concerns. 72-Hour Notifications to affected residents and businesses shall be delivered a minimum of 72- hours prior to resurfacing operations. For areas that have been notified and have parking areas restricted, should the Contractor’s operation, be postponed or cancelled with no work in the proposed area for more than seven (7) calendar days, the Contractor shall re-notify the affected residents and businesses with similar notifications, as listed above, a minimum of two (2) working days prior to the start of the work. See also “Traffic Control System” section regarding sign changes.
Failure to comply with the notification requirement will result in a stop work order. The Contractor shall maintain an updated and chronological record at the job site of all written notifications along with a list of recipients. Such records shall be made available upon request by the Engineer. Refer to Exhibit F for City of Eastvale’s suggested templates for Public Notification and Door Hanger.
Contractor shall submit Public Notification and Door Hanger for City’s review and approval.
Measurement and Payment
The contract Lump Sum (LS) price for Public Notification shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved.
13. CLEARING AND GRUBBING
Clearing and grubbing shall conform these specifications.
Contractor shall remove all objectionable material from within the area required for resurfacing.
Objectionable material shall include, but not limited to roots, brush, grass, weeds, pavement material and debris and other related materials. Objectionable material shall be removed from the right-of-way and shall be transported and properly disposed of off-site. All cost charges and fees shall be the responsibility of the Contractor.
Measurement and Payment
Full compensation for Clearing and Grubbing, as specified herein, shall be considered as included in the prices paid for by the various items of work and no additional compensation shall be made.
14. CONSTRUCTION SURVEY AND MONUMENT PRESERVATION
Prior to any construction activities, all monuments, centerline ties, and any other survey markers within the project limits shall be located and recorded by a State of California Licensed Land Surveyor. No work will be authorized until the Contractor submits the required 314
38 documentation to the City. Upon completion of construction, conflicting monuments, centerline ties, and other survey markers obliterated during construction shall be replaced in-kind per Section 309 of the SSPWC and per the California Professional Land Surveyor’s Act, latest edition. Corner records for all applicable intersections shall be filed by the Contractor with the County of Riverside’s Surveyor’s Office per CA BPC 8773 prior to and after construction activities with copies of recordings provided to the City. Corner records shall be submitted to the City Engineer for review and approval before filing them with the County Surveyor’s Office. All work involved shall conform to the California Professional Land Surveyor’s Act, latest edition. The Contractor shall be responsible for maintaining one up-to-date set of Record (As-Constructed) Drawings on the job site, available for review by City representatives at all times. These plans shall be clean, neat, and legible and show all deviations from the original improvement plan and design. This set of Record Drawings shall be given to the City Inspector upon project completion.
If a documented centerline monument is found, the Contractor shall have them checked, as to the accuracy of measurements and description of physical monument in place, and prepare a corner records. If any discrepancies are found, they should be documented and submitted to the City Engineer for review.
If monument is found and centerline tie notes do not exist, the Contractor shall prepare a corner record documenting the location and description of the centerline monument and ties.
Any monuments identified in the records but found to be missing or destroyed, as well as those disturbed by construction, must be reset or replaced by the Contractor in strict accordance with Riverside County and City of Eastvale Standards at no additional cost to the city.
The Notice of Completion will not be filed until the City receives and approves the Record Drawings.
Measurement and Payment
Measurement & Payment for Monument Preservation shall be on a Lump Sum (LS) basis for all work involved with impacted monuments, centerline ties and survey markers due to all construction activity and shall include furnishing all materials, labor, and equipment necessary to perform all operations involved with resetting obliterated monuments, centerline ties, and other survey markers. Work shall also include all work involved with filing corner records prior to and after construction in conformance with the California Professional Land Surveyor’s Act, latest edition and County of Riverside requirements, and providing documentation of same to the City. Seventy five percent (75%) of the lump sum amount will be eligible for inclusion in the progress payment, with the remaining twenty five percent (25%) not eligible for inclusion until all corner records are provided to the City. Full compensation for conforming to the Corner Records requirement will be considered as included; in the prices paid for various contract Items of work and no additional compensation will be allowed therefore.
15. DUST CONTROL
The Contractor’s attention is directed to Section 7-1.04, “Public Safety,” of the Standard Specifications. The Contractor shall be responsible for dust control within the project limits. The 315
39 Contractor shall diligently control dust resulting from his operations and from public traffic passing through the work area by the application of water and/or dust palliative.
The Contractor shall provide dust control at all times including Saturdays, Sundays, and holidays as ordered by the Engineer. The Contractor shall immediately alleviate any dust hazard as directed by the Engineer.
Measurement and Payment
Full compensation for Dust Control, as specified herein, shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation shall be made.
16. SURPLUS MATERIAL DISPOSAL
All excess excavated material, broken concrete, and any other excess material resulting from excavation or construction shall become the property of the Contractor and shall be removed by end of the working day unless approved by the Engineer.
The Contractor shall comply with all disposal and grading code requirements of the City when disposing of surplus material.
Measurement and Payment
Full compensation for Surplus Material Disposal, as specified herein, shall be considered as included in the prices paid for by the various items of and no additional compensation shall be made.
17. IRRIGATION SYSTEMS
The Contractor shall be responsible for protecting any existing irrigation system that is encountered within the project site. Cost for damage to irrigation systems as a result of the Contractor’s operations shall be included in the bid items the Contractor deems appropriate. Any damage caused by the Contractor will be repaired by the Contractor to at least its original condition and that it performs to the same level or better as its original condition. Repairs to sprinklers will be completed within 48 hours from the time the damage occurred. If the City is required to perform the repair after the 48- hour time requirement and has given notice to the Contractor, the cost to perform the repair by the City shall be deducted from any future payments due to the Contractor.
Measurement and Payment
Full compensation for Irrigation Systems, as specified herein, shall be considered as included in the prices paid for by the various items of and no additional compensation shall be made.
18. LANDSCAPING
The Contractor shall be responsible for protecting and replacing any landscaped areas disturbed or damaged as a result of the construction improvements. Landscaped areas shall be removed and replaced as directed by the Engineer. Materials replaced shall be of the same type or better.
Measurement and Payment
Full compensation for Landscaping, as specified herein, shall be considered as included in the prices paid for by the various items of work and no additional compensation shall be made. 316
40 19. CRACK SEAL
Areas receiving crack seal work consists of the preparation of cracks and placement of hot asphaltrubber sealant material. Crack seal shall only be applied in project location areas identified in Exhibit A Project Location Map with Treatment Type and Curb Ramp Reconstruction and Rehabiliation Map depicted in a green color which represents REAS Type II Slurry Seal. Crack Sealing shall be completed a minimum of 3 (three) calendar days prior to placing slurry seal on that street or as directed by the City.
Cracks in the existing asphalt concrete surfacing and shoulders that are greater than 1/8” in width shall be prepared and sealed. No crack less than an eighth of an inch (1/8”) shall be sealed on any areas that are deemed unnecessary. Small cracks may be sealed as directed by the City. The Contractor will be required to thoroughly complete preparation of all cracks at least 1/8” in width no matter the number of or how widespread the existing cracks extend across the asphalt pavement, to the satisfaction of the Engineer, prior to scheduling installation of slurry seal or asphalt concrete overlay
Materials
The emulsified crack sealant shall be furnished in accordance with the requirements specified for asphaltic emulsion in Section 94, "Asphaltic Emulsions," of the State Specifications, can be readily handled at ambient temperature, and shall contain no volatile organic compounds which may contribute to air pollution. Material shall meet the CRAFCO Polyflex Type 4 or approved equal.
The Contractor shall provide the Engineer with a Certificate of Compliance conforming to the provisions in Section 6, “Control of Materials,” of the State Specifications with each shipment of crack sealant. Said certificate shall also certify that the sealant complies with the specifications and shall be accompanied with storage and heating instructions and cautions for the material.
Preparation and Application
Cracks to be filled and adjacent asphalt concrete surfacing shall be cleaned and shall be free from dirt, vegetation, debris and loose sealant. Preparation and application of sealant shall meet the manufacturer’s directions and specifications and as directed by the City. Joints and cracks shall be sealed from the bottom up and sealant material shall be applied so it is flush with the existing pavement surface. Care shall be taken to avoid spillage and runover onto the surface of the pavement. The surface of pavement shall be immediately squeezed smoothly after the cracks have been filled. Traffic shall not be allowed on the material until it has been sanded to prevent tracking.
The Contractor shall fix or refill areas to the proper elevation when directed by the City. Within 5 days after application of sealant, sealed cracks that reopen or in which the sealant material sags below the surrounding asphalt concrete surfacing, cracks shall be cleaned and resealed.
Sealant shall bond to the crack with no separation, cracks or other opening in the sealant.
Measurement and Payment
The contract Lump Sum (LS) price for Crack Seal shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in preparing the pavement and placement of crack seal as specified in these specifications, and as directed by the Engineer and no additional compensation shall be made. 317
41 The payment of crack seal is based on performing the work as listed under Exhibit A found in the Appendix and as specified in this Section and is NOT based on the amount of crack seal applied.
Contractor will be responsible for visiting and quantifying the work that is needed on the streets proposed and shall perform all work based on the lump sum price and no additional compensation shall be allowed. It should be noted that not all streets need crack sealing, and some require more than others, therefore, a visit to the site is highly recommended.
20. BASE REPAIR – REMOVE EXISTING PAVEMENT AND CONSTRUCT FULL DEPTH AC, B2-PG 64-10, (5” DEPTH)
Base repair areas designated for removal and replacement are listed under Exhibit B found in the Appendix. All asphalt dig out and replacement areas Full Depth (patching), shall occur after the full width pavement grind and before the full width roadway paving operations. The inspector and Engineer are to field verify each asphalt dig out location. All asphalt dig out areas are to be field marked by the inspector and approved by the engineer.
The contractor shall be responsible for grinding or full depth saw cutting and excavating the existing pavement/base to the depths noted. Pavement to be removed shall be jack hammered or by any other methods, as approved by the Engineer, to the full depth of the pavement at the removal boundary. The pavement edge shall be kept reasonably straight and vertical, and shall be performed in such a manner that the remaining pavement is undisturbed and undamaged. Edges shall be constructed parallel and/or right angles to the direction of traffic flow. Where determined by the Engineer, saw cutting may be required if pavement edges are not determined to be reasonably straight and vertical.
Where unsuitable material is found after 5” of excavation, the Contractor shall notify the Engineer regarding directions to proceed with base repair.
Upon exposing the subgrade/underlying pavement, the subgrade shall be probed to verify adequacy of the existing base/subgrade. If unstable soils are encountered, additional removals will be directed by the engineer. Additional quantities of export and asphalt concrete observed from the removals shall be paid for at the contract unit price and no additional compensation will be allowed.
The contractor shall not be allowed to excavate more patches than can be paved back in a single day’s operation. All patches shall be paved back by the end of each day, and all lanes shall be open to traffic.
All asphalt concrete for patching locations shall be B2-PG 64-10. Sides and base at all patching locations shall be tack-coated immediately prior to placement of asphalt concrete. Tack coat shall be furnished and applied in accordance with section “Asphalt Emulsion Binder” found elsewhere in these specifications.
Certified quantity tickets for the asphalt concrete shall be submitted to the City Inspector on the job site as the material is delivered and signed, so as to certify delivery and acceptance. Any material for which quantity tickets are not submitted as the material is delivered, will not be accepted.
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42 Finish Roadway
Areas of base repair pavement shall be brought up to the existing surface grade. Asphalt concrete shall be placed to the previous existing roadway surface plane without indentations, swales or ponds. The HMA pavement top layer must not vary from the lower edge of a 12-foot long straightedge:
1. More than 0.01 foot when the straight edge is laid parallel with the centerline
2. More than 0.02 foot when the straightedge is laid perpendicular to the centerline and extends from edge to edge of a traffic lane
3. More than 0.02 foot when the straightedge is laid within 24 feet of a pavement conform Finish Roadway Correction
If the top layer of the Asphalt Concrete pavement does not comply with the above specifications, the pavement correction may include grinding the pavement to within tolerances, remove and replace it, or place a layer of hot mix asphalt. The corrective work shall be determined and accepted by the Engineer prior to any corrective work beginning.
Corrected pavement areas must be uniform rectangles with edges:
1. Parallel to the nearest asphalt pavement edge or lane line
2. Perpendicular to the pavement centerline
Quantities of material wasted or disposed of in a manner not called for under the contract, or rejected loads of material, including material rejected after it has been placed by reason of the failure of the Contractor to conform to the specifications of the contract, or materials placed outside the lines indicated from the transporting vehicle, or material remaining on hand after completion of the work, will not be paid for and such quantities will be deducted from the final total quantities.
No compensation shall be allowed for hauling rejected material.
Pavement delineation removal shall be coordinated with temporary delineation so that lane lines are provided at all times on traveled ways open to public traffic. Temporary reflective pavement markersshall be placed at intervals of not more than 25 feet. Temporary reflective raised pavement markers shall be the same color as the existing lane line or centerline.
Measurement and Payment
The contract unit price paid per Square Foot (SF) of Base Repair – Remove Existing Pavement and Construct Full Depth AC, B2-PG 64-10 (5” DEPTH) shall include full compensation for furnishing all labor, equipment, saw-cutting, tools and materials necessary for the excavation or cold milling of the existing asphalt concrete pavement, aggregate base and sub-base to depths shown on the plans. The price of this item shall include excavating the asphalt concrete pavement, aggregate base and subgrade to be removed, the disposal and hauling of material removed as described herein, removal of fabric/rubberized asphalt/petro-mat if it exists in the field at no additional cost, all debris, traffic controls as described herein, scarification and re-compaction of exposed base/sub-grade in areas where entire pavement section is removed, removal of unsuitable subgrade material as directed by the Engineer, native-material, and grindings from cold milling on the job site, and incidentals for doing the work involved in cold milling asphalt concrete surfaces as defined in Section 302-1, and no further compensation will be allowed therefore.
21. ASPHALT EMULSION BINDER (TACK COAT)
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43 Asphalt emulsion binder shall comply with Section 203, “Bituminous Materials” of the Standard Specifications, these specifications, and as directed by the Engineer.
Asphalt emulsion shall be Type SS-1 or RS-1. When asphalt concrete is placed in contact with existing asphalt concrete, the surface shall be completely dry of water, clean of dirt and debris, and a tack coat of asphaltic emulsion shall be applied to insure proper bond. Asphaltic emulsion shall be applied to all vertical surfaces of existing pavement, curbs, and gutters, and construction joints against which asphalt concrete material is to be placed, to pavement to be surfaced and to other surfaces designated in the specifications or as directed by the Engineer.
The overlay shall not be placed until the binder has cured to the point where it is tacky to the touch and as directed by the Engineer. Asphalt emulsion binder shall be applied so far in advance of placing the surfacing as permitted by the Engineer. Immediately in advance of placing the overlay, additional asphalt emulsion binder shall be applied as directed by the Engineer to areas where the asphalt emulsion binder has been damaged, and loose or extraneous material shall be removed, and additional compensation shall not be allowed.
The area to which asphalt emulsion binder has been applied shall be closed to public traffic. Care shall be taken to avoid tracking binder material onto existing pavement surfaces beyond the limits of the construction.
Measurement and Payment
Full compensation for Asphaltic Emulsion Binder (Tack coat), as specified herein, shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation shall be allowed.
22. RUBBERIZED EMULSION AGGREGATE SLURRY (REAS) TYPE II This work shall consist of furnishing and placing Rubberized Emulsion Aggregate Slurry (REAS) Type II to the existing asphalt surfaces as shown under “Location of Areas to Receive Crack Seal and Slurry Seal” found in the Appendix.
The slurry seal shall comply with Section 203 “Bituminous Materials” of the Standard Specifications and the following changes:
A. GENERAL
REAS shall be a stable mixture of Rubberized Polymer Modified Emulsion (RPME), aggregate, water, and Portland cement. REAS shall be specified by combined aggregate gradation, i.e. Type II-REAS. REAS must conform to the Standard Specification unless specified in this Specification.
B. MATERIALS
Crumb rubber certifications and total binder characteristics results are required. The rubberized binder as specified herein shall be used for producing rubberized hot-mix asphalt. The rubberized binder must contain a minimum of 300 pounds (equivalent to 15% by weight) of one hundred percent (100%) California waste tire crumb rubber per ton of rubberized binder.
1. Rubberized Polymer Modified Emulsion (RPME)
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44 a. General
RPME shall consist of a mixture of emulsified asphalt, crumb rubber, and latex. RPME shall contain between 0.55 pounds per gallon (66 grams per liter) and 0.65 pounds per gallon (78 grams per liter) of crumb rubber. Latex shall constitute a minimum of 2 percent by weight of RPME.
Crumb rubber shall:
• Be granulated scrap tire rubber free from fabric, wires, and other contaminants. • Be dry and free flowing.
• Have a specific gravity between 1.15 and 1.20.
• Have a gradation of 100 percent passing the No. 16 (1.18 mm) sieve, 95 percent passing theNo. 20 (900 µm) sieve, and a maximum of 1 percent passing the No. 200 (75 µm) sieve.
Calcium carbonate or talc may be added to a maximum of 4 percent by dry weight of crumb rubber to prevent the rubber particles from sticking together.
Emulsified asphalt may be reheated, but at no time after loading shall the temperature be raised above 160°F (70°C). During reheating, emulsified asphalt shall be agitated to prevent localized overheating. Emulsified asphalt shall not be permitted to cool to a temperature less than 40°F (5°C). RPME shall be mixed and applied within 60°F – 140°F (15 – 60°C). b. Quality Tests
The emulsified asphalt, and emulsified asphalt residue, shall meet the requirements of AASHTO M 208 or ASTM D 2397 for CQS-1h, with the following exceptions:
1 Sieve test of original emulsion is 0.10 max.
2 Asphalt Content shall be determined by multiplying Residue by Evaporation by Solubility of Residue.
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45 2. Aggregate
a. General
The aggregate shall be Type II 100 percent crushed rock. Rock products are defined as crushed rock, rock dust, gravel, sand, stone for rip rap, or any combination thereof. All rock products shall be clean, hard, sound, durable, uniform in quality, and free of any detrimental quantity of soft, friable, thin elongated or laminated pieces, disintegrated material, organic matter, oil, alkali, or other deleterious substance. Crushed rock and rock dust shall be the product of crushing rock or gravel.
b. Quality Tests
The aggregate should meet agency specified polishing values and these minimum requirements:
c. Gradation
When tested in accordance with ASTM C136, the mix design aggregate gradation shall be as specified below:
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46 3. Water
The water shall be potable water, free from harmful soluble salts and compatible with the other components.
4. Portland Cement
Portland cement may be added to modify the viscosity and curing characteristics accordance with the approved mix design. Portland cement shall be Type I/II or II/V and shall not exceed
1.5 percent of the dry weight of the aggregate.
All cement to be used or furnished shall be:
a. Type II portland cement, or Type V portland cement conforming to ASTM C150.
Additionally, Type II and Type V portland cements shall meet the optional requirements of ASTM C150, Table 2 for maximum equivalent alkalis (Na2O + 0.658K2O) of 0.60 percent, or Type IP (MS) portland- pozzolan cement conforming to ASTM C595, unless otherwise specified. Type IP (MS) cement shall meet the optional mortar expansion requirements of ASTM C595, Table 2 and contain no more than 20 percent pozzolan, which shall be interground with clinker. b. Rapid-hardening hydraulic cement may be used when approved by the Engineer. When used, the concrete mix shall conform to the requirements of ASTM C928 and admixtures may be used when approved by the Engineer.
The Contractor shall furnish a Certificate of Compliance signed by the manufacturer identifying the cement and confirming compliance. Supporting test data will be furnished upon request by the Engineer. Whenever suitable facilities are available for handling and weighing bulk cement, they shall be used. Otherwise, cement shall be delivered in original unopened sacks marked with brand, type, and weight. Cement shall be stored in such a manner as to permit ready access for inspection and sampling and suitably protected against contamination 323
47 and moisture. Should any cement show evidence of contamination or be otherwise unsuitable, the Engineer may reject it and require that it be removed from the site. All portland cement used in concrete shall be of the same brand and type unless otherwise approved by the Engineer.
5. Central Plant Mix
REAS shall be mixed at a central mixing plant. The mix shall conform to the following requirements:
a. Aggregate shall neither be stored nor transported in such a way that may cause segregation, degradation, or intermingling of different size aggregates. b. Materials shall be proportioned by weight into the mixing tank. Volumetric proportioning will not be permitted.
c. The mixing tank shall be equipped with scales. The zero tolerance for the tank scales shall be 0.5 percent based on the total batch weight. The scales shall be calibrated and certified on a yearly basis or after every modification or repair.
d. The mixing tank shall be equipped with a full sweep mixer/agitator with blades or paddles of a sufficient size and number and operated at a speed sufficient to product a homogeneous mix. Should the blades, paddles, or other parts of the mixer/agitator become worn to such an extent to adversely affect the quality of the mix they shall be promptly replaced. Insufficient mixing or agitation within the mixing tank shall be corrected by either a reduction in the volume of component materials or other adjustments.
e. Each batch shall be continuously mixed for 3 minutes or until all of the component materials are thoroughly blended, whichever islonger. The mixing time shall begin upon the introduction of the last component material. If the Engineer determines that the mixture is not thoroughly blended, the mixing time shall be increased.
f. Mixed REAS shall be stored at the central mixing plant site in storage tanks equipped with an agitator of a similar configuration to the agitator in the mixing tank. The agitator shall be capable of continuous operation.
The application rate of REAS mixed at a central mixing plant shall conform to the requirements shown in the table below unless otherwise specified in the Special Provisions or shown onthe Plans.
Asphalt concrete adjacent to the curb ramps that are reconstructed that are next to the areas where ARAM (CAPE Seal Treatment) is placed, shall be grinded to a 0” lip. The purpose of grinding a lip down to 0" adjacent to a curb ramp is to eliminate trip hazards and create a smooth, continuous accessible route for people with disabilities, in compliance with the Americans with Disabilities Act (ADA). Note that areas with curb ramps that are adjacent to concrete spandrels will not have to be grinded down to a 0” lip.
Asphalt concrete adjacent to the curb ramps that are reconstructed that are next to the areas where Rubberized Emulsion Aggregate Slurry (REAS) Type II is placed, shall be grinded to a 0” lip. The purpose of grinding a lip down to 0" adjacent to a curb ramp is to eliminate trip hazards and create a smooth, continuous accessible route for people with disabilities, in compliance with the Americans with Disabilities Act (ADA).
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48 C. EQUIPMENT
1. All equipment, tools, and machines used in the application of REAS shall be maintained in satisfactory working condition at all times. The machine shall be specifically designed and manufactured to apply REAS.
2. The spreader box shall be equipped with flexible material in continuous contact with the existing pavement and shall be capable of controlling the rate of application. The spreader box shall have adjustable width and strikeoff height, and be capable of controlling and providing uniform spreading.
3. Each mixing unit to be used in the performance of the work shall be calibrated in the presence of the Engineer prior to the start of the project. Any component replacement affecting material proportioning requires that the machine be recalibrated. No machine will be allowed to work on the project until the calibration has been completed and/or accepted.
D. CONSTRUCTION
1. Timing and Traffic Control
Streets where slurry seal is scheduled to be applied shall be closed from the time the CONTRACTOR begins to clean the street surface until the Engineer determines the slurry seal has achieved sufficient set to be opened to traffic.
Rock dust or sand shall be spread, as directed by the Engineer, to eliminate tracking or damage and to provide vehicular or pedestrian crossings.
2. Weather Limitations
REAS shall not be applied if either the pavement or the ambient temperature is less than 55°F (13°C) and falling, but may be applied when the pavement and ambient temperatures are above 50°F (10°C) and rising.
3. Surface Preparation
Prior to spreading, the CONTRACTOR shall clean the existing pavement unless otherwise specified in the Special Provisions. Immediately ahead of the spread truck, the existing pavement shall be pre-wetted by a pressurized water distribution system equipped with a fog-type spray bar capable of completely covering the surface of the pavement.
4. Application
a. General
A test strip shall be constructed at a location approved by the Engineer at least one day prior to the actual REAS placement.
REAS shall be spread by a spreader box attached to an agitator truck. REAS shall be transported from the central mixing plant to the Work site in trucks specifically designed for this purpose 325
49 equipped with an agitator. REAS shall be continuously agitated during transport and spreading.
The maximum speed of the spreader truck shall not exceed 270 feet per minute (80 meters per minute). Hand squeegees and other equipment shall be provided for spreading and spillage removal in areas inaccessible to the spreader box.
Slurry seal shall be applied in such a manner that no ridges remain. Areas in which there is evidence of solidification of the emulsified asphalt, balling or lumping of the aggregates, or uncoated aggregates shall be removed and replaced to the satisfaction of the Engineer.
The CONTRACTOR shall prevent slurry seal from being deposited on other than asphalt concrete surfaces and shall remove it from surfaces not designated to be sealed. The method of removal shall be approved by the Engineer.
When the completed slurry seal surfacing is not uniform in color, the street shall be treated by a method approved by the Engineer to eliminate the color variation. b. Quality Test
During the performance of the Work, the CONTRACTOR shall provide the Engineer with at least 2 field samples, from separate loads, of mixed slurry seal per mixer per day. Wet Track Abrasion Test (WTAT) specimens shall be cast and struck off within 60 seconds of obtaining the sample.
WTAT specimens shall not be transported until the slurry seal has set as defined by ASTM D3910.
Field samples shall conform to the requirements shown below:
If the test results fail to meet the Specifications, the CONTRACTOR shall ease spreading slurry seal produced by the nonconforming mixer until the CONTRACTOR demonstrates the mixer is producing slurry seal which conforms to the Specifications.
Measurement & Payment
Measurement & Payment for Furnish and Place Rubberized Emulsion Aggregate Slurry (REAS) Type II shall be on a Square Foot (SF) basis as measured in the field and shall include full compensation for all labor, materials, tools, equipment, and incidentals; for doing all the work involved in scheduling, obtaining approvals, providing notifications, no parking signs, site 326
50 preparation, weed abatement, crack sealing, crack filling, surface preparations, covering and protecting all utility appurtenances, application of slurry seal, protection and barricading of the work, and for completing the work in place, as noted on the plans and approved by the City Engineer, and no additional compensation will be allowed therefore.
23. ARAM CAPE SEAL PRESERVATION SYSTEM
A. GENERAL
The Contractor shall furnish all labor, equipment, material, supplies, environmental protection, no parks, raised markers, signage, traffic control, secondary sweeping, and other incidentals necessary to provide an application of polymerized emulsified asphalt, cover coat aggregate, followed by a polymerized Slurry Seal to an existing roadway surface. This two-step process is called Cape Seal.
A minimum of two vacuum designed sweepers having only negative air pressure at the road surface capable of removing excess aggregate and debris material shall be used on this project. Any and all areas within or adjacent to the project where a vacuum broom cannot access, shall be removed by the use of a blow pack.
The Contractor shall inform himself of the city trash pick up days schedule for the project area. There shall be at least four (4) calendar day period prior to trash pick up day for each street receiving Cape Seal.
This project is partially funded in part by the California Department of Resources Recycling and Recovery (CalRecycle) grant. The following is required with the Contractor’s submittals and work specifications:
The Contractor is required to complete the following forms for the Rubberized Emulsion Aggregate Slurry (REAS) Type II and Tire Rubber Recycling.
1. Form CalRecycle 168—Reliable Contractor Declaration (Submit with Bid Proposal)
2. Rubberized Pavement Certification (Submit with all progress payment invoices) – See Exhibit D found in the Contract Agreement
These forms are available for download at: http://www.calrecycle.ca.gov/Grants/Forms/, and also in Appendix D. It is the Contractor’s responsibility to determine the eligibility and other requirements described in the forms, especially Form CalRecycle 168. Failure to meet the eligibility criteria would render the bid non-responsive.
B. DESCRIPTION
This project shall consist of a bituminous surface Asphalt Rubber Aggregate Membrane (ARAM) composed of a single application of Asphalt-Rubber material and hot pre-coated 3/8”aggregate. 46 This specification requires the application of a specified blend of asphaltrubber binder material (i.e. a field blend product). This specification expressly determines that the asphalt-rubber binder material specified herein (i.e. a field blend product) and modified binder, rubber modified asphalt or PG 76-22TR (i.e. terminal blend products) are sufficiently different such that they are not functionally equivalent. Therefore, any substitutions for the asphalt-rubber binder material specified herein, such as but not limited to any rubber modified 327
51 asphalt binder (i.e. a terminal blend product) will not be accepted.
C. MATERIAL COMPONENTS
1. ASPHALT CEMENT
The type and grade of PG asphalt cement utilized to manufacture the Asphalt Rubber binder shall be PG 58-22, PG 64-16, or PG 70-10 which shall comply with requirements in Table #1.
Table #1 – PG Asphalt Cement Grading Requirements
• The exact grade of PG asphalt cement, if different than PG 64-16, shall be determined by the Asphalt Rubber supplier dependant on the specific project requirements.
2. GRANULATED RECLAIMED TIRE RUBBER
The CRM shall be produced primarily from the processing of whole automobile and truck tires.
The rubber shall be produced by ambient temperature grinding processes only. The gradation of the CRM when tested in accordance with ASTM C-136 (dry sieve only) and using a 100 gram sample, shall meet the requirements in Table #2.
Table #2 - CRM Grading Requirements
The use of CRM from multiple sources is acceptable provided that the overall blend of rubber meets the gradation requirements.
The individual CRM particles, irrespective of diameter, shall not be greater in length than 3/16 of an inch (5mm).
The CRM shall have a specific gravity of 1.15 ± 0.05 as determined by, and shall be free of loose fabric, wire and other contaminants except that up to 4 percent (by weight of rubber) calcium 328
52 carbonate or talc may be added to prevent the rubber particles from sticking together. The rubber shall be sufficiently dry so as to be free flowing and not produce a foaming problem when blended with the hot asphalt cement. The CRM shall be accepted by certification from the approved supplier. The Reclaimed Tire CRM material shall conform to the chemical analysis in Table # 3.
Note: All reclaimed tire rubber CRM shall be certified to have originated in California, and the CRM material will also be certified to have been processed in California, through invoice and bill of lading.
3. ASPHALT MODIFIER
Table #4 - Asphalt Modifier
4. ASPHALT RUBBER BINDER
The temperature of the blended PG asphalt cement shall not be less that 375° F nor more than 450° F when the CRM is homogenously blended, in the field. The combined materials shall be reacted for a minimum of 120 minutes after the incorporation of all the CRM. The Asphalt Rubber binder shall meet the requirements in Table #5, when the reaction/interaction is complete.
Table #5 - Specification Limits for (Asphalt Rubber Binder) 329
53 The viscosity shall be conducted by using a hand held HAAKE VISCOMETER, with rotor 1, 24mm in depth x 53mm in height, or equivalent. When applying Asphalt Rubber, the reacted Asphalt Rubber binder shall be maintained at a temperature of not less than 375° F and no more than 425° F. If material in a batch of Asphalt Rubber binder is not used within six hours after the reaction period is complete, heating of the material shall be discontinued. When applyingAsphalt Rubber, if the Asphalt Rubber binder temperature cools below 300° F and is then reheated, it shall be considered a reheat cycle. The total number of reheat cycles shall not exceed two (2). The binder materials shall be uniformly reheated to a temperature of not less than 375° F for application.
Additional scrap tire CRM may be added to the reheated Asphalt Rubber binder and reacted for a minimum of 45 minutes and shall not exceed 10 percent of the total binder weight. Reheated Asphalt Rubber binder shall conform to the requirements for blended Asphalt Rubber binder.
5. ASPHALT RUBBER BINDER FORMULATION
The Asphalt Rubber binder supplier, shall furnish to the Engineer within 15 days of the notice to proceed, the Asphalt Rubber binder formulations which shall contain the following information:
PG Asphalt Cement
Source of PG Asphalt
Grade of PG Asphalt
Percentage of PG Asphalt by total weight of the Asphalt Rubber mixture Percentage of Asphalt Modifier by total weight of the Asphalt Rubber mixture Reclaimed Tire Rubber (CRM)
Source of CRM
Grade of CRM
Percentage of CRM and High Natural CRM by total weight of the Asphalt Rubber mixture
6. AGGREGATE COVER MATERIAL
Aggregate shall be composed of clean and durable crushed rock or crushed gravel conforming to the following requirements:
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54 If the aggregate is to be crushed stone, it shall be manufactured from sound, hard, durable material of accepted quality and crushed to specification size. All strata, streaks and pockets of clay, dirt, sandstone, soft rock or other unsuitable material accompanying the sound rock shall be discarded and not allowed to enter the crusher.
If the aggregate material is to be crushed gravel, it shall consist of hard, durable fragments of stone or gravel of accepted quality and crushed to specification size. All strata, streaks, pockets of sand, excessively fine gravel, clay or other unsuitable material including all stones, rocks and boulders of inferior quality shall be discarded and not allowed to enter the crusher. The crushing of the gravel shall separate the #4, 3/8 and 1/2 inch sieves and shall have a minimum 95% of the particles with a minimum of one mechanically fractured face and 90% of the particles shall have a minimum of two mechanically fractured faces.
The crushed aggregate or crushed gravel shall not contain more that 8% by weight of flat or elongated pieces and shall be free from wood, roots and vegetable or other organic extraneous matter. The 3/8 inch crushed aggregate or crushed gravel shall have a minimum Cleanness Value (CV) of 80 and shall have a percentage of wear not more than 7 percent at 100 revolutions and not more than 30 percent at 500 revolutions, as determined by ASTM C131 or California Test Method 211.
The crushed aggregate for Asphalt Rubber binder applications shall meet the requirements for gradation given in Table #6.
Table #6 - Aggregate Gradation
Requirements –Asphalt Rubber
The aggregate to be utilized shall be hot pre-coated with 0.5 to 1.0 percent PG asphalt cement. The Engineer shall determine the appropriate amount of pre-coat. At no time shall the bag house fines be allowed to be reintroduced back into the hot coated aggregate. The pre-coated aggregate shall be supplied to the project site at 225° F to 325° F.
Asphalt concrete adjacent to the curb ramps that are reconstructed that are next to the areas where ARAM (CAPE Seal Treatment) is placed, shall be grinded to a 0” lip. The purpose of grinding a lip down to 0" adjacent to a curb ramp is to eliminate trip hazards and create a smooth, continuous accessible route for people with disabilities, in compliance with the Americans with Disabilities Act (ADA). Note that areas with curb ramps that are adjacent to concrete spandrels will not have to be grinded down to a 0” lip.
Asphalt concrete adjacent to the curb ramps that are reconstructed that are next to the areas where Rubberized Emulsion Aggregate Slurry (REAS) Type II is placed, shall be grinded to a 0” lip. The 331
55 purpose of grinding a lip down to 0" adjacent to a curb ramp is to eliminate trip hazards and create a smooth, continuous accessible route for people with disabilities, in compliance with the Americans with Disabilities Act (ADA).
D. EQUIPMENT
1. GENERAL
The equipment used by the contractor for pavement cleaning and excess aggregate removal shall include operational top dumping pick-up brooms.
2. ASPHALT RUBBER EQUIPMENT
All equipment utilized in the production and application of AR binder material shall be described as follows:
a) A PG asphalt cement heating tank with a hot oil heat transfer system or a retort heating system capable of heating the PG asphalt cement to the proper temperature for blending with the CRM may be used for additional storage at the contractors option. b) An Asphalt Rubber mechanical blender shall have a two stage continuous mixing process capable of producing a homogenous blend of PG asphalt cement and CRM, at the mix design specified ratios, as directed by the engineer. The mechanical blender shall be equipped with a granulated rubber feed system capable of supplying the PG asphalt cement feed system, as not to interrupt the continuity of the blending process. The maximum capacity of the primary blending vessel shall be 500 gallons. Both the primary and secondary blenders shall be equipped with an agitation device orientated horizontally or vertically in the blending vessel. The mechanical blender shall be capable of fully blending the individual modifier particles (CRM) with the PG asphalt cement. A separate PG asphalt cement feed pump and finished product pump are required.
This unit shall have a PG asphalt cement coriolis meter to determine the exact flow rate in gallons per minute.
c) A distributor truck equipped with a heating unit, and an internal mixing device capable of maintaining a uniform mixture of PG asphalt cement and CRM. It shall be equipped with a full circulating spray bar and pumping system capable of applying the Asphalt Rubber binder material within a 5% tolerance of the specified application rate, and must achieve a uniform covering of the surface to be treated. The distributor shall have a boot board on the rear of the vehicle and a bootman shall accompany the distributor. The bootman shall ride in a position so that all the spray bar tips are in full view and readily assessable for unplugging, if a plugged tip should occur. The distributor truck shall also require a thermometer and a computer rate control (CRC). In addition, the distributor truck shall be equipped with a gear pump metering device separate from the actual binder pump. The pump and meter must have individual sensors to ensure the most accurate application rates in the event screens become plugged with crumb rubber debris. Spreader trucks shall be equipped with a maximum width 12 foot spray bar to ensure proper coverage across the entire spray bar. Spray bars in excess of 12 feet will not be allowed to apply Asphalt Rubber.
3. AGGREGATE COVER MATERIAL SPREADER
The cover material (chip) spreader shall be a self-propelled machine with an aggregate receiving hopper in the rear, belt conveyors to carry the pre-coated aggregate to the front, and a full width spreading hopper. The spreader shall be in good mechanical condition and shall be capable of applying the cover aggregate uniformly across the spread width and at the specified application 332
56 rate.
4. ROLLING EQUIPMENT
Sufficient rollers shall be used to cover the width of the aggregate spread with one pass. The first pass shall be made immediately behind the aggregate spreader as the aggregate is being placed.
Three (3) complete passes with the pneumatic tire rollers shall be made. The pneumatic-tired rollers’ shall carry a minimum loading of 3,000 pounds on each wheel and a minimum pressure of 90 pounds per square inch in each tire. Foam filled tires can be utilized.
5. HAULING EQUIPMENT
Trucks for hauling the pre-coated cover aggregate shall be tailgate discharge and shall be equipped with a device to lock onto the hitch of the cover material spreader. Haul trucks shall also be compatible with the cover aggregate spreader so that the dump bed will not push down on the spreader when fully raised, or have too short of a bed which results in aggregate spillage while dumping into the receiving hopper.
E. CONSTRUCTION METHODS
1. GENERAL
Immediately prior to the application of the Asphalt Rubber binder chip seal application, the surface shall be clean in order to insure adequate adhesion of the Asphalt Rubber to the existing pavement surface.
A minimum of two vacuum designed sweepers having only negative air pressure at the road surface capable of removing excess aggregate and debris material shall be used on this project. The body hoppers of the vacuum sweepers shall be a minimum capacity of ten cubic yards, and the negative air pressure at the intake shall be rated at 46 inches of negative water. pressure. Sweepers shall meet applicable U.S. Environmental Protection Agency Standards.
Mechanical pick-up brooms may be allowed on the project. The Contractor will be responsible to ensure that the work is done properly. Any areas adjacent to the project where a vacuum broom cannot access, shall be removed by the use of a blow pack.
2. ASPHALT RUBBER BINDER - MIXING AND REACTION
The blending equipment must allow the determination of weight percentages of each asphalt rubber binder ingredient.
An asphalt rubber binder must be 79 ± 1 percent by weight asphalt binder and 21 ± 1 percent by weight of CRM. The minimum percentage of CRM must be 20.0 percent and lower values must not be rounded up. The CRM must be 75 ± 2 percent by weight scrap tire crumb rubber and 25 ± 2 percent by weight high natural scrap tire crumb rubber.
An asphalt modifier and asphalt binder must be blended at the production site. An asphalt modifier must be from 0 to 6.0 percent by weight of the asphalt binder in the asphalt rubber binder. The asphalt rubber binder supplier determines the exact percentage.
If blended before adding CRM, the asphalt binder must be from 375 to 440 degrees F when an 333
57 asphalt modifier is added and the mixture must circulate for at least 20 minutes. An asphalt binder, asphalt modifier, and CRM may be proportioned and combined simultaneously.
The blend of an asphalt binder and an asphalt modifier must be combined with the CRM at the asphalt rubber binder production site. The asphalt binder and asphalt modifier blend must be from 375 to 440 degrees F when the CRM is added. Combined ingredients must be allowed to react at least 45 minutes at temperatures from 375 to 425 degrees F except the temperature must be at least 10 degrees F below the flash point of the asphalt rubber binder.
3. APPLICATION OF ASPHALT RUBBER BINDER
Placement of the Asphalt Rubber shall proceed only under the following conditions:
a) The pavement surface temperature shall be 60° F and rising. b) The pavement surface is clean and dry.
c) The wind conditions do not exceed 20 mph.
d) All of the construction equipment such as the Asphalt-Rubber distributor, aggregate spreader, haul trucks loaded with cover material, rollers and brooms are in position and ready to commence placement operations.
e) Chance of rain does not exceed 75%.
Asphalt Rubber binder shall be applied to the roadway following the mixing, reacting and blending of Asphalt Rubber binder at a rate of 0.55 to 0.65 gallons per square yard. At no time will the application width exceed twelve (12) feet on the spray bar.
Distributor bar height, tip size, distribution, speed and shielding materials shall be utilized to reduce the effects of excess wind upon the spray distribution (fan), of each binder. The Engineer shall delay or reschedule work when high gusting or dusty winds in excess of 20 mph prevent or adversely affect binder or aggregate application.
The application of Asphalt Rubber binder to areas not accessible with the distributor bar on the distributor truck shall be accomplished by using a squeegee or other means approved by the Engineer.
The contractor shall comply with all Federal, State and Local environmental laws, regulations and ordinances.
4. APPLICATION OF AGGREGATE COVER MATERIAL
The 3/8 inch cover material shall be applied immediately onto the Asphalt Rubber membrane at a rate of 30 to 32 pounds per square yard. The actual rate selected within this range will be determined in the field based on the appearance of the Asphalt Rubber chip seal after initial rolling.
At the time of application the temperature of the aggregate shall range from 225° F to 325° F.
A minimum of two vacuum designed sweepers having only negative air pressure at theroad surface capable of removing excess aggregate and debris material shall be used on this project. The body hoppers of the vacuum sweepers shall be a minimum capacity of ten cubic yards, and the negative air pressure at the intake shall be rated at 46 inches of negative water 334
58 pressure. Sweepers shall meet applicable U.S. Environmental Protection Agency Standards.
No mechanical pick-up brooms will be allowed on the project. Any areas adjacent to the project where a vacuum broom cannot access, shall be removed by the use of a blow pack.
No mechanical pick-up brooms will be allowed on the project.
Sweepers shall be used CONTINUALLY during the operation and all areas shall be cleaned a minimum of twice a day throughout the process to remove any and all excess rock from the roadway and sidewalks.
5. ROLLING
Sufficient rollers shall be used for the initial rolling to cover the width of the aggregate spread with one pass. The pneumatic tire rollers shall be operated in front of the steel wheel roller.
Sufficient rollers shall be used for the initial rolling to cover the width of the aggregate spread with one pass. The first pass shall be made immediately behind the cover material spreader (chip-box) as the aggregate is being placed. If the spreading is stopped for more than two minutes, the cover material spreader (chip-box) and aggregate trucks shall be moved ahead or off the chip seal surface so that all cover material may be immediately rolled. Three complete passes shall be made with the pneumatic rollers.
Measurement & Payment
Measurement & Payment for Asphalt Rubber Aggregate Member (ARAM) shall be on a Square Foot (SF) basis as measured in the field and shall include full compensation for all labor, materials, tools, equipment, and incidentals; for doing all the work involved in scheduling, obtaining approvals, providing notifications, no parking signs, site preparation, weed abatement, crack sealing, crack filling, surface preparations, covering and protecting all utility appurtenances, application of slurry seal, protection and barricading of the work, and for completing the work in place, as noted on the plans and approved by the City Engineer, and no additional compensation will be allowed therefore.
24. THERMOPLASTIC - TRAFFIC STRIPING AND PAVEMENT MARKING All references to traffic striping and markings shall be "Thermoplastic".
Traffic Signs, Striping, Markers, and Markings, shall conform to the latest Caltrans Standard Plans and Specifications and the current CA MUTCD and these technical specifications.
The Contractor shall field verify all existing striping marking, widths, types, and alignments in advance of the resurfacing. Traffic striping and Markings shall be recorded by type, size, color and location and accurately and neatly detailed so that striping and, markings may be identically replaced, unless otherwise noted in the drawings. This record shall be submitted for review and acceptance by the Engineer prior to any removal activity. The record shall also include the limits or changes in striping pattern, including one- and two-way barrier lines, limit lines, crosswalks and other pavement markings.
Removal of Existing Pavement Striping and Markings
Removal of traffic striping and pavement markings shall comply with the requirements of Section 84-9.03B of the State Specifications.
335
59 All existing striping and markings within the areas to be resurfaced and as directed by the Engineer shall be removed prior to placing any resurfacing. This does not apply to areas proposed for base repair.
Striping removal shall occur no sooner than two (2) calendar days prior to the pavement resurfacing. If the stripe removal is performed on a day other than the day of pavement resurfacing, the Contractor shall supply and install temporary pavement markings as detailed in these specifications. The Contractor shall be responsible for the removal of the temporary pavement markings prior to placement of the resurfacing.
All limit lines, crosswalks and legends within the project limit shall be scarified prior to resurfacing. Scarification shall be performed by grinding such that at least 75% of the underlying pavement is exposed.
Grinding material shall be removed immediately as the work progresses. Accumulation of grinding material which may constitute a hazard to traffic shall not be permitted.
Placement of Traffic Stripes and Pavement Markings
The existing striping shall be replaced with thermoplastic, as specified in these specifications and as directed by the Engineer. Unless noted elsewhere in these specifications and Plans, Traffic striping and pavement markings shall be replaced at all locations where existing traffic stripes and pavement markings are obliterated or covered as a result of asphalt resurfacing operations.
The thermoplastic material shall be applied by extrusion method in a single uniformlayer. Unless otherwise noted on the plans or in these specifications, the Contractor shall replace all pavement delineation on the same alignment and location.
Reflective Pavement Markers shall conform to Section 84-2, “Traffic Stripes and Pavement Markings,” of the State Standard and these specifications. All pavement markers shall be removed prior to pavement resurfacing. Pavement markers shall be applied at all locations where existing pavement markers are obliterated or removed as a result of resurfacing operations.
Unless otherwise noted on the plans or in these specifications, the Contractor shall replace all pavement markers on the same alignment and location.
Fire Hydrant Markers - Blue reflective pavement markers shall be placed in the street at 6” off of centerline and perpendicular to all fire hydrants. Markers shall be blue with two reflective faces.
Contractor shall be responsible for locating all fire hydrants and layout work required for installation of blue reflective pavement markers. Blue markers shall be referenced and installed at all fire hydrant locations within the project limits whether a reflective pavement marker was existing or not. This item shall be paid separately under Pavement Marker = Blue in the Bid Schedule.
Traffic Striping
Contractor shall furnish and replace traffic stripes and markings in the original pattern on all roadways. Traffic Striping shall be Thermoplastic Traffic Stripe and applied in conformancewith the provisions in Section 84-2, "Traffic Stripes and Pavement Markings," of the State Standard and these special provisions.
336
60 Where striping joins existing striping, the Contractor shall begin and end the transition from the existing striping pattern into or from the new striping pattern a sufficient distance to ensure continuity of the striping pattern. All existing striping within the project limits and any conflicting striping shall be removed by sand blasting or as directed by the Engineer. Contractor shall replace all striping which is obliterated or damaged during the Project.
The Contractor shall physically tie down the location of the beginning and ending of each existing stripe and marking adjacent to the work area. The Contractor shall accurately replace the existing stripes and markings by cat tracking with painted marks. Temporary tab markers shall not be placed more than twelve feet apart on curves nor more than twenty-four feet apart on straight segments. Temporary tab markers shall be the same color as the stripe they are replacing, shall measure two inches tall by 3-1/2 inches wide, and have a reflective lens across the marker width.
Upon notification by the Contractor, the City Engineer shall review and approve the equipment tracking prior to applying the permanent stripes and markings. The Contractor shall allow a minimum of three working days for City review of the equipment tracking, and permanentstripes and markings shall not be applied prior to City approval. The City may make changes to the layout after equipment tracking.
Thermoplastic material shall be free of lead and chromium, and shall conform to the requirements in California Department of Transportation,
Retroreflectivity of the thermoplastic traffic stripes and pavement markings shall conform to the requirementsin ASTM Designation: D 6359-99. White thermoplastic traffic stripes and pavement markings shall have a minimum initial retroreflectivity of 250 mcd m-2 lx-1 . Yellow thermoplastic
traffic stripes and pavement markings shall have a minimum initial retroreflectivity of 150 mcd m-2 lx-1
.
Thermoplastic traffic stripes shall be applied at the minimum thickness and application rate as specified below. The minimum application rate is based on a solid stripe of 4 inches in width.
Minimum
Stripe Thickness
(inch)
Minimum
Application Rate
(lb/ft)
0.079 0.27
Thermoplastic traffic stripes and pavement markings shall be free of runs, bubbles, craters, drag marks, stretch marks, and debris.
Time Limitations
Temporary Lane Delineation
The Contractor shall, upon completing slurry work, which covers or obliterates existing pavement striping, immediately place temporary striping or other delineation as approved by the Engineer along the lines of the existing striping to direct traffic until permanent striping or markers can be placed.
Final striping and pavement markings shall be complete no later than ten days after placement of slurry seal. Scheduling of raised pavement marker installation shall comply with State Standard Specifications Section Nos. 85-103B and 85-103C.
The Contractor shall place the striping and markings between seven (7) and fourteen (14) 337
61 calendar days from the placement of slurry seal. The Contractor shall pay liquidated damages of $500.00 per calendar day for each street that is not completed beyond the fourteen (14) calendar days.
Measurement and Payment
The contract unit price paid per Lump Sum (LS) of Traffic Striping and Pavement Marking for the various street segments included in the Project Plan shall include full compensation for furnishing all labor, equipment and materials necessary for striping, including but not limited to the removal of existing thermoplastic and/or striping and pavement markers by approved methods as required, installation of thermoplastic and raised pavement markers as required, thermoplastic legends and striping, painting new curb to match existing, re-painting all existing curb paint markings, delineators, signs and signposts in the public right of way and private property. This work shall conform to the SSPWC, Sections 210 and 310 and no further compensation will be allowed therefore
The contract price paid per Lump Sum (LS) for Pavement Marker - Blue shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in removing, supplying and applying Pavement Markers, complete in place, including lead compliance, establishing alignment, and layout work, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the City Engineer.
25. COLD MILL AC PAVEMENT
All Cold Milling operationsshall conform to section 302-1 of the Standard Specification, the plans and these technical specifications.
Existing asphalt concrete pavement shall be cold milled (cold planed) at the locations and to the dimensions and depth shown on the Project Plans.
The outside lines of the planed area shall be neat and uniform. Planing asphalt concrete pavement operations shall be performed without damage to the pavement that is to remain in place.
Following planing operations, a drop-off of more than 0.15-foot will not be allowed at any time between adjacent lanes open to public traffic. Where transverse joints are planed in the pavement at conform lines, no drop-off shall remain between the existing pavement and the planed area when the pavement is opened to public traffic.
If asphalt concrete has not been placed to the level of existing pavement before the pavement is to be opened to public traffic a temporary asphalt concrete taper shall be constructed.
The Contractor shall place and maintain all temporary paving tapers and shall provide additional material as directed by the Engineer to maintain public safety. If it becomes necessary to remove temporary asphalt concrete tapers at some point in advance of placing permanent surfacing, the Contractor shall replace such tapers, at his expense, prior to opening the roadway to traffic.
Asphalt concrete for temporary paving tapers (cutback) shall be commercial quality and may be spread and compacted by any method that will produce a smooth riding surface. Asphalt concrete for temporary paving tapers shall be placed to the level of the existing pavement and tapered on a slope of 30:1 or flatter to the level of the planed area. All temporary paving tapers shall be completely removed and disposed of by the Contractor, including the removal of all loose material from the underlying surface, before placing the permanentsurfacing. 338
62 Cold planing machines shall be equipped with a cutter head not less than 30 inches in width and shall be operated so as not to produce fumes or smoke. The cold planing machine shall be capable of planing the pavement without requiring the use of a heating device to soften the pavement during or prior to the planing operation.
Removal operations of planed material shall be concurrent with cold plane operations.
Loosened material shall be removed so that no aggregate remains on the project, and on parkway and side streets, at the end of each workday.
In the event of inclement weather where rain has been forecasted within 24 hours, the CONTRACTOR will ensure that all loosened material has been removed from the street surface, parkway, and side streets and that no debris will be discharged with storm run-off into the storm drain system.
Loaders and trucks of approved sized, type and number suitable for hauling materials shall be provided.
Wedge grinding shall be a triangular wedge of the width specified in the plans or as directed by the Engineer. Any sections of asphalt that becomes loose after wedge grinding shall be removed and disposed of by the Contractor at the Contractor’s expense. 339
63 No additional compensation shall be made for pavement grinding in excess of the width specified in these Technical Specifications and shown on the Plans unless so directed by the Engineer.
The City has made every reasonable effort to locate and mark on the plans all known metal roadway improvementssuch assewer manhole covers, water valve covers, and catch basin covers, which if struck, could damage the cold milling cutting drum and/or carbide tipped cutting teeth.
The City makes no guarantee that it hassuccessfully located all said itemstherefore; the contractor shall thoroughly inspect the work site in advance of the cold milling operation to minimize the risk of striking any of these items.
Care shall be exercised not to damage adjacent concrete curbs or gutters. Curb or gutter damaged due to cold milling work shall be replaced as approved by the City at the Contractor's expense.
Under no circumstances shall the period of time between cold milling of existing improvements (which create an obstruction or hazard to the public) and the permanent surfacing is placed exceed three (3) calendar days at any one location unless approved otherwise by the Engineer or necessary to facilitate or protect work. Planed pavement exposed for more than the time period allowed, liquidated damages of $2,000.00 per calendar day will be assessed to the Contractor for each calendar day the street is not completed as defined above. No area of pavement that has been cold milled or removed for reconstruction shall be left exposed over a weekend or holiday.
Any cold milled area shall be swept prior to opening to traffic Measurement and Payment
Measurement & Payment for Cold Mill AC Pavement shall be paid on a TON basis, and shall include full compensation for doing all the work and shall include cold milling, haul-off and disposal of millings, and all other necessary work as directed by the Engineer, and no additional compensation will be allowed thereof.
26. PCC IMPROVEMENTS – MISCELLANEOUS CONCRETE
PCC Improvements - Miscellaneous Concrete shall conform to the provisions in Section 16.
Concrete Curb and Gutter and Sidewalk of the City of Eastvale’s Standard Specifications for Design and Construction of Public Improvements, and Standard Plans for Public Works Construction (SPPWC).
Miscellaneous Concrete shall include PCC sidewalks, curbs, cross gutters, and curb ramps.
Concrete shall be class 560-C-3250. CMB work shall conform to Sections 200-2 and 301 of the Standard Specifications. CMB shall be installed for concrete sidewalk, curb, and gutter.
PCC improvements shall include the following:
All concrete curb ramps shall be installed over a 6” thick 95% compacted CMB over 90% compacted native subgrade.
All existing concrete curb ramps shall be removed, and new concrete curb ramps shall be installed as specified in the Plans and in these Specifications. New curb ramps shall include cast-in-place detectable warning surfaces in accordance with Caltrans Standard Specifications Section 73-
1.02B, Caltrans Standard Plan A88A, and the Americans with Disabilities Act (ADA). Detectable warning surfacesshall be factory-molded tilesset directly into the fresh concrete during curb ramp construction, aligned per plan, and installed to be flush with the surrounding concrete surface. 340
64 Detectable warning surfaces shall be Federal Yellow unless otherwise specified by the Engineer and shall meet the following minimum performance criteria:
• UV Resistance per ASTM G155
• Compressive Strength ≥ 28,000 psi (ASTM D695)
• Flexural Strength ≥ 30,000 psi (ASTM D790)
• Slip Resistance ≥ 0.65 wet (ANSI A137.1 DCOF)
• Water Absorption < 0.05% (ASTM D570)
Concrete flatwork, including base and/or subgrade material under the concrete flatwork, shall be removed to accommodate the new improvements. Concrete removal shall be completed in such a manner so that the surfacing which is to remain in place is not damaged. Where no joint exists between concrete to be removed and concrete to remain in place, the concrete shall be removed to the nearest deep joint or score line as approved by the Engineer. Where concrete to be removed is adjacent to concrete to remain, concrete shall be cut in a neat line with a power-driven saw before concrete is removed.
Whenever a part of a square or slab of existing concrete curb, gutter, or sidewalk that is to remain in place is broken or damaged during removal of adjacent concrete, the entire section or slab shall be removed to the nearest score or deep joint and replaced at the Contractor’s expense.
Roots that are damaging adjacent concrete improvements will need to be pruned. The depth of root cutting shall be 12” along the sidewalk and driveway. A rotary pruner is required for this work. Prior to any root pruning, the City Inspector shall be notified a minimum of 24 hours in advance.
Coordination with the City’s Arborist may be required for roots near the tree trunk or greater than 1 inch in diameter.
The Contractor shall submit a cut sheet of the detectable warning surface, installation details, and warranty information to the City Engineer for approval, prior to the start of construction. All concrete work shall be completed prior to cold milling and overlay operations.
Measurement and Payment
Payment for PCC Improvements – Miscellaneous Concrete shall be at the various unit bid prices as listed in the Bid Schedule and shall include, but not be limited to: Type A-6 Curb and Gutter, 4” Sidewalk, Median Curb Type D-1, Cross Gutter, Commercial Driveway, and Curb Ramp.
The contract unit price shall include full compensation for conforming to the requirements of PCC Improvements and associated CMB thickness for each item and shall include furnishing all labor, materials, tools, equipment, and incidentals, including excavation, backfilling, compacting, removal of materials off-site, and for doing all work involved for installing PCC, CMB, slot patch, and other associated items as shown on the project plans and in these Technical Specifications, complete in place, and no additional compensation will be allowed therefor.
Measurement for PCC Curb Ramp shall be for EACH ramp installation and shall include the following: grading, compaction of subgrade, slot patch, construction of curb ramp including castin-place detectable warning surface, and construction of sidewalk adjacent to ramp and curb and gutter from beginning of curb return to end of curb return.
Payment for root pruning adjacent to proposed concrete improvements shall be considered as included in the prices paid for REMOVE AND REPLACE 4” THICK CONCRETESIDEWALK and no additional compensation will be made therefor.
341
65 27. REMOVE AND REPLACE CURB OR CURB & GUTTER
This bid item includes removal and disposal of existing material and the installation and compaction of CAB underneath all segments of new curb or curb and gutter and adjacent pavement to match structural section of street.
Prior to removal, contractor shall field verify the join limits to ensure there will be positive fall between the removal limits and bring to the City’s attention any locations that will not drain properly. Limits shall be adjusted per field conditions to ensure positive drainage is achieved on all new curb & gutter.
Curb or Curb and Gutter Removal and Replacements shall match the existing curb height and gutter width for the adjoining segments. This item also includes forming and pouring any portion of depressed curbs at driveways that fall within the removal and replacement limits.
Prior to placement of these improvements, contractor shall grind or prune all obstructing roots if present and per the root pruning specifications.
Prior to acceptance of any curb and gutter, the Contractor shall water flow test each segment of curb and gutter to ensure that ponding of water does not occur within the limits of new construction.
A sidewalk ½-inch radius edging tool is be used to finish the edges of all curbs.
Curb and gutter constructed in conjunction with or as a result of new curb ramp, alley approach or cross gutter construction limits shall not be included as part of this bid item. All such curb and gutter shall be included in the unit price for the respective bid items and no further compensation will be allowed.
Measurement and Payment
Measurement & Payment for Remove and Replace Curb or Curb & Gutter shall be on a Linear Foot (LF) basis and shall include furnishing all labor, equipment, tools and materials necessary for the removal of existing and construction of new curb/curb & gutter including coordinating with the City Inspector to verify locations and limits, removals, preparation of subgrade, installation of base, construction of work item, finishing and protection of the work item and no further compensation will be allowed therefore.
28. REMOVE AND REPLACE SIDEWALK
Concrete sidewalk shall be constructed to the line, grades and designs shown on the plans or as ordered by the Engineer. Existing surfaces to be joined shall be sawcut on a neat, straight line at the join location. Any and all gas or water meter boxes falling within the limits of sidewalk 342
66 construction shall be adjusted to the finished grade of the new sidewalk as part of this work item unless specifically called out as a separate work item on the plans.
Sidewalk score lines shall have a minimum finished depth of ½-inch. Walkway replacement needed to join new sidewalk shall be in-kind (surface texture, aggregate, finish, etc.) to the walkway removed or as directed by the Engineer's representative.
A sidewalk ½-inch radius edging tool is be used to finish the edges of all curbs.
Limited infill and compaction of suitable base material will be required under certain portions of sidewalk. Contractor shall include the cost of material, labor and compaction of such material in the unit price per bid.
The contractor shall verify existing grades in order to ensure full ADA compliance Any appurtenant PCC Improvement constructed as part of this project and not included with a unit price bid quote or otherwise covered for payment herein shall be paid at the unit price for Sidewalk per square foot prorated to reflect the true amount of PCC material being constructed, as approved by the Engineer's Representative. The prorated unit price bid for the appurtenant PCC improvement shall include all costs of subgrade preparation, and the excavation, furnishing and compacting of backfill material and no additional compensation will be allowed therefore.
Measurement and Payment
Measurement & Payment for Remove & Replace Sidewalk, Construct Sidewalk shall be on a Square Foot (SF) basis and shall include furnishing all labor, equipment, tools and materials necessary for the item of work including removal and disposal of existing improvements and materials, construction of new sidewalk including coordinating with the City Inspector to verify locations and limits, removals, preparation of subgrade, construction of work item, adjustment of miscellaneous parkway items found within the limits of construction, finishing and protection of the work item and no further compensation will be allowed therefore. Measurement of this bid item shall not include the area of any planter areas, and shall only include the actual PCC surface area as measured in the plan view.
29. REMOVE AND REPLACE CROSS GUTTER
It shall be the contractor’s responsibility to verify the limits of construction with the City inspector for each of the cross gutters. Construction of the cross gutter shall be per the project plans andthe referenced Riverside County Standard Plans and any applicable details.
Construction of the cross gutter shall include the monolithic curb and gutter. Where a new curb ramp is proposed adjacent to the cross gutter, the curb and gutter shall be paid for as part of the curb ramp bid item, and the appropriate square footage shall be deducted from the total area of the cross gutter.
All removal and replacement cross gutterslocationsshall be constructed to existing join elevations.
The contractor shall document the existing relative elevations and grades at the join locations as well as key elevation points. The Contractorshall ensure that positive drainage is achieved between 343
67 the join locations of construction.
All concrete for cross gutters shall be high-early strength concrete as defined in the General portion of the concrete improvements specification. High-early strength concrete shall achieve a compressive strength of 2,500 psi within 48 hours of pouring and at least 5,000 psi after 28 days.
All intersections with cross gutters shall be opened to traffic at the close of each day. Adequate ramping or plating of the cross gutter location during the removal and grading phase shall be required based on the Engineers direction. Plating of the cross gutter during curing phase shall be required in order to maintain traffic through the intersection at all times. 2’ minimum width sawcut, removal and full depth slot paving with CAB shall be required adjacent to all sides of the cross gutter.
The contractor shall verify existing grades in order to ensure full ADA compliance.
Measurement and Payment
Measurement & Payment for Remove & Replace Cross Gutter shall be on a Square Foot (SF) basis and shall include furnishing all labor, equipment, tools and materials necessary for the item of work including removal of existing improvements and materials, construction of new cross gutter including coordinating with the City Inspector to verify locations, configuration and limits, surveying and staking, removals, preparation of subgrade, temporary ramping, slot paving, construction of work item, high early strength concrete, adjustment of miscellaneous utility items found within the limits of construction, finishing, plating, and protection of the work item and no further compensation will be allowed therefore. Measurement of this bid item shall not include the area of any adjacent slot paving and only includes the area bound by new PCC surface as measured in the plan view.
30. REMOVE AND RECONSTRUCT CURB RAMPS
Concrete Curb Ramps shall be per City of Eastvale’s Standard No. 403. Concrete shall be Class 560-C-3250. The Contractor shall place 6” of CMB under the reconstructed curb ramp, curb and gutter.
The geometry shown on the plans is representational. The final limits and geometry of the required curb ramp shall be verified and placed in the field by the contractor in order to ensure the required grades and clearances are obtained.
Curb and Gutter Shall be included in the limits of the Curb Ramp which includes the sawcutting and full AC reconstruction of a 2’ wide (slot pavement with 2-sack PCC slurry) portion of AC pavement adjacent to the curb and gutter or as required to achieve the required 5% maximum grade for 4’ adjacent to the curb face. A minimum of a 2’ saw cut and pavement replacement will be required in all areas of curb return replacements adjacent to existing pavement. In locations for a 2’ slot pave with 2-sack PCC slurry is inadequate at achieving the required 5% maximum grade and would create adverse driving conditions for the 1’ transition, each location shall be individually documented in the construction project files justifying the reason for non-compliance. 344
68 The proposed pavement section shall be full depth asphalt paving to match the existing pavement section thickness.
Construction of any necessary retaining curbs at the back of ramp or wings of the ramp are included as part of this bid item. The contractor shall install retaining curbs within the ramps to ensure that the constructed ramp is fully ADA compliant while joining existing grades at the back of walk/ramp.
When curb ramp removal and installation is adjacent to PCC cross gutters that are not abandoned/buried then the concrete shall be sawcut 4” off the existing curb face, and the new concrete shall be doweled and epoxied into the existing cross gutter spandrel at 12” on center using 18” #4 bars.
All work within the ECR/BCR, as well as any necessary work beyond the ECR/BCR, including any extra sidewalk or curb and gutter items required to achieve compliance, and the replacement of any pre-existing or contractor-caused damaged curb, gutter, or sidewalk adjacent to the curb ramp, shall be considered incidental to the curb ramp and included in the bid price per curb ramp.
No separate payment will be made for these additional items, regardless of whether the damage existed prior to the start of construction.
Existing surfaces to be joined shall be sawcut on a neat, straight line at the join location. All sawcut locations along existing cross gutters shall be cut in a curve conforming to the existing curb return and shall be cut at a set offset from the flow line as approved by the City Engineer. The flow line shall be maintained, ensuring that ponding does not occur in the existing cross gutter.
Any and all Traffic Signals, or pedestrian push button poles, traffic signal poles and other surface mounted appurtenances shall be protected in place and/or re-attached as part of this bid item.
All pull boxes within curb ramp limits shall also be adjusted to the finished grade of the newcurb ramp and shall be paid for per the unit price for each respective bid item. All water or gas valve can and lids within curb ramp limits shall also be adjusted to the finished grade of the new curb ramp and shall be paid for per the unit price for each respective bid item.
The City Engineer shall have final say regarding the case and type of curb ramp to be installed and shall retain the right to revise the ramp designation at any point prior to construction. The contractor shall verify existing grades in order to ensure full ADA compliance.
Curb ramps shall be constructed with cast-in-place detectable warning surfacing in accordance with Caltrans Standard Specifications Section 73-1.02B, Caltrans Standard Plan A88A, and the Americans with Disabilities Act (ADA). Detectable warning surfaces shall be factory-molded tiles set directly into the fresh concrete during curb ramp construction, aligned per plan, and installed to be flush with the surrounding concrete surface.
Detectable warning surfaces shall be Federal Yellow unless otherwise specified by the Engineer and shall meet the following minimum performance criteria:
UV Resistance per ASTM G155
• Compressive Strength ≥ 28,000 psi (ASTM D695)
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69 • Flexural Strength ≥ 30,000 psi (ASTM D790)
• Slip Resistance ≥ 0.65 wet (ANSI A137.1 DCOF)
• Water Absorption < 0.05% (ASTM D570)
The Contractor shall submit a cut sheet of the detectable warning surface, installation details, and warranty information to the City Engineer for approval, prior to the start of construction.
The Contractor shall install panels in accordance with manufacturer's recommendations. The cost of installing detectable warning surfaces on new ramps shall be included in the cost of the curb ramp.
Retrofitting detectable warning surfaces on existing ramp or walkway surfaces shall be paid for as part of their respective bid items as outlined in “RETROFIT TRUNCATED DOMES ON EXISTING SURFACES” of these Special Provisions.
Measurement and Payment
Measurement & Payment for Remove & Reconstruct Curb Ramp shall be on an Each Item (EA) basis and shall include furnishing all labor, equipment, tools and materials necessary for the item of work including removal of existing improvements and materials, construction of new curb ramp, including coordinating with the City Inspector to verify case & type, configuration and limits, removals, preparation of subgrade, temporary ramping, construction of work item, slot paving, construction of monolithic retaining curbs, reconstruction of adjacent curb, gutter and/or sidewalk, adjustment of miscellaneous utility items found within the limits of construction, installation of detectable warning surfaces, finishing, and protection of the work item and no further compensation will be allowedtherefore.
31. RETROFIT TRUNCATED DOMES ON EXISTING SURFACES
Detectable warning surfaces shall be installed on existing curb ramp surfaces at the locations indicated on the plans or as directed by the Engineer. Detectable warning surfaces shall conform to the provisions of the State Standard Construction Specifications, Section 73-1.02B “Detectable Warning Surface.”
The detectable warning surface shall be surface-applied and replaceable, using Access® Tile Surface Applied - Replaceable (SA) or approved equal. The panelsshall be constructed of a vitrified polymer composite (VPC) and designed forsurface application using both adhesive and mechanical fasteners in accordance with the manufacturer’srecommendations.
The detectable warning surface panels shall be 4 feet wide by 3 feet deep, and Federal Yellow in color (unless otherwise directed by the Engineer). Panels shall feature factory-molded truncated domes and beveled perimeter edges, and shall conform to all applicable accessibility standards including the Americans with Disabilities Act (ADA), California Title 24, and Caltrans Standard Plans A88A.
Detectable Warning Surface panels shall meet or exceed the following performance criteria:
• Compressive Strength: ASTM D695 ≥ 28,000 psi
• Flexural Strength: ASTM D790 ≥ 30,000 psi
• Slip Resistance: ASTM C1028 or ANSI A137.1 DCOF ≥ 0.65wet 346
70 • Water Absorption: ASTM D570 < 0.05%
• UV Resistance: ASTM G155 – no significant degradation or colorfading • Dome geometry and spacing shall comply with Caltrans Standard PlanA88A The detectable warning surface shall be installed on clean, dry, structurally sound existing concrete surfaces. The Contractor shall apply manufacturer-specified adhesive and install the panels using stainless-steel mechanical fasteners at the designated locations. Panels shall be installed flush with surrounding surfaces and properly aligned per plan and Caltransstandards.
On all ramps to be retrofitted with a truncated dome, if an existing lip exists as the bottom of the ramp adjacent to the flowline, the Contractor shall grind the existing curb ramp lip to achieve a 0” curb face. The grind shall be tapered at the edge of the ramp surface, as appropriate, to avoid creating a sharp elevation drop-off and shall be 0” to ½” deep and shall be at least 6” wide in a straight-line-grade. Grades within the grind area shall also be limited to 8.33%. The price of grinding the lip shall be included in the unit price for retrofitting the existing curb ramp The detectable warning surface shall be installed in accordance with the manufacturer’s recommendations and instructions; and the manufacturershall provide a minimum 5-year warranty.
The warranty period shall commence on the date of acceptance.
The Contractor shall submit a cut sheet of the detectable warning surface, installation details, and warranty information to the City Engineer for approval, prior to the start of construction.
Measurement and Payment
The contract unit price paid for Each (EA) for Retrofit Truncated Domes on Existing Surfaces shall include full compensation for furnishing all labor, equipment, tools and materials necessary for the item of work including surface preparations, coordinating with the City Inspector toverify limits of grinding, grinding the existing lip, removal and disposal of debris, dust control, cutting and configuration of the truncated domes (as required), installation of the truncated domes per manufacturers recommendations, protection of the work item and no further compensation will be allowed therefore.
32. ASPHALT CONCRETE (AC) CONSTRUCTION
All asphalt concrete pavement shall conform to Subsection 203-6, “Asphalt Concrete” of the Standard Specifications and all asphalt concrete pavement shall be constructed in accordance with Subsection 302-5, “Asphalt Concrete Pavement” of the Standard Specifications as modified herein, and to the lines and grades indicated in the project plans.
A minimum of five (5) working days prior to the paving operation, as outlined on the Contractor’s approved construction schedule, the CONTRACTOR shall furnish to the City reports from the supplier certifying that the asphalt pavement materials and proportions comply with the designated classifications for asphalt concrete pavement as required herein, or as directed by the Engineer.
Prime Coat will not be required on this project. Tack Coat shall be required and uniformly applied to existing hard-surfaced pavement including the vertical portions of all A.C. and P.C.C. surfaces to be joined. Tack coat shall be Grade SS-1h emulsified asphalt applied at 0.10 gal/yd2 .
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71 Three-inch and greater thickness pavement shall be laid in two courses. The asphalt concrete pavement shall conform to the following specifications:
Applicability Asphalt Type
6” Base AC Pavement: B2-PG 64-10
1” to 5” Wedge AC Pavement C2-PG 64-10
1” to 3” Leveling AC Pavement C2-PG 64-10
1.5” Finish AC Pavement C2-PG 64-10
0.75” Leveling AC Pavement D2-PG 64-10
The provisions of Section 301-1, “Subgrade Preparation”, Section 302-5, “Asphalt Concrete Pavement”, and Section 203-6, “Asphalt Concrete”, of the Standard Specifications, shall apply to asphalt pavement except as modified and supplemented below:
COMPACTION TEST - The Contractor, at his expense, shall perform compaction tests on the subgrade for the roadway pavement areas.
Compaction tests of the subgrade which do not meet the specified requirements shall be reworked at the Contractor’s expense and re-tested. All re-tests shall be at the Contractor’s expense.
The Contractor’s attention is directed to the possible existence of underground improvements which may not be shown on the plans. All reasonable precautions shall be taken to preserve and protect any such improvements whether shown on the plans or not. Where it is necessary to remove and replace or to relocate such improvements in order to execute the work, they shall be removed, maintained, and permanently replaced at no expense to the City.
Subsection 302-5.6, “Rolling”: The following is hereby added to the first paragraph:
Rolling along a joint shall be such that the widest part of the roller is on the hot side of the joint.
Rubber tire roller shall be used on any leveling course.
Subsection 302-5.7, “Joints”: The following is hereby added to the first paragraph: Joint lines between successive runs shall be on lane lines.
Subsection 302-5.5, “Distribution and Spreading”, of the Standard Specifications is supplemented and amended by the following:
Unless approved by the City Engineer, the CONTRACTOR will not be allowed to deposit the A.C. material from bottom dump trucks into a windrow then pick up said material and convey it into the paving machine by an elevating device. All areas shall be paved by depositing the A.C. material from delivery trucks directly into the paving machine hopper.
In addition to the requirements in Subsection 302-5.5 of the Standard Specifications, asphalt concrete shall be placed with spreading equipment equipped with fully automated screed and grade sensing controls, which shall control the longitudinal grade of the screed.
The AC Pavement shall not be placed when the atmospheric temperature is below 60 degrees Fahrenheit, or during unsuitable weather.
Unless otherwise approved by the City Engineer, all AC pavement shall be placed with a selfpropelled paving machine equipped with devices for use in obtaining the most constant 348
72 longitudinal grade, cross-slope grade, and maximum joint quality.
Prior to placement of the AC pavement, the Contractor shall set reference points as necessary in order that all utility valves, manholes, and vaults may be located after pavement placement. The Contractor shall cover the utilities prior to pavement placement to keep the lids clean. Care shall be taken during rolling operations not to damage the utilities. After the final pavement rolling, the Contractor shall remove any loose asphalt that may have entered the utilities during the paving operations. The Contractor shall provide all labor, materials, and equipment necessary for adjusting all utilities (unless otherwise noted) to finished grade.
Where existing AC pavement is being removed and replaced, or initially constructed, adjacent to improvements (i.e., asphalt concrete pavement, P.C.C. flatwork, AC dikes, etc.), the existing improvements shall be neatly sawcut prior to any removal, unless otherwise approved by theCity Engineer. The new improvements shall then be neatly constructed and secured in place, to the satisfaction of the City Engineer, prior to acceptance of the Item of Work.
Bituminous pavement to be removed shall be removed to neatly sawed edges conforming to the limits as shown on the Plans, unless otherwise approved by the Engineer. These edges shall be preserved during intermediate operations so as to present a straight, firm and unyielding edge against which paving asphalt may be subsequently jointed and compacted. Should the Contractor fail to maintain said edge, corrections shall be made by additional cutting, as directed by the Engineer.
Certified quantity tickets for the asphalt concrete shall be submitted to the City Inspector on the job site as the material is delivered and signed, so as to certify delivery and acceptance. Any material for which quantity tickets are not submitted as the material is delivered, will not be accepted.
Measurement and Payment
Measurement & Payment for Asphalt Concrete (AC) Construction, complete in place, shall be on a TON basis. Certified weigh tickets shall be submitted to the Engineer for all asphalt concrete pavement incorporated into the work. The unit price for asphalt concrete pavement shall include full compensation for furnishing all materials, labor, tools, equipment, transportation and incidentals required to construct the pavement in accordance with the plans, these Special Provisions and the Standard Specifications and no additional compensation will be allowed thereof.
33. ADJUST WATER VALVE FRAME AND COVER TO GRADE
The Contractor shall adjust the existing water valve frame and cover to grade at the locations shown on the plans. Valve box and cover shall be adjusted after finish grade has been established. The Contractor shall make sure that the valve cans are free from debris and lift cans are properly in place.
The Contractorshall notify at least two working days prior and coordinate the water valve frame and cover adjustment work with and to the satisfaction of Jurupa Community Service District’s Water Division. Valve box and cover shall be adjusted after finish grade has been established. The Contractorshall make sure that the valve cans are free from debris and lift cans are properly in place. 349
73 Measurement and Payment
Payment for ADJUST WATER VALVE FRAME AND COVER TO GRADE shall be at the unit price bid per EACH (EA). The contract unit price shall include full compensation for furnishing labor, tools, equipment, and materials necessary for doing the work, complete in place, and no additional compensation will be allowed.
34. TRAFFIC LOOP DETECTORS
Traffic Loop Detectors shall conform to Types E per Caltrans Standard Plans and as noted in the project plans.
Loops shall be installed after the paving operations are complete. Loop wire shall be installed on the same day in which the loop slots are cut. This shall include placement of the loop conductors and all associated runs and sealant.
The Contractor shall provide 48 hours notification to the City when cold milling operations will remove existing loops. The Contractor shall provide a schedule to the Engineer detailing the number of working days the loops will not be operational.
Measurement and Payment
Measurement and payment for Traffic Loop Detector shall be at the unit price bid per Each (EA) and shall include full compensation for furnishing labor, tools, equipment, and materials necessary for doing the work, complete in place, as shown on the plans, as specified in the Standard Specifications and these Technical Specifications, and as directed by the Engineer, and no additional compensation will be allowed.
35. SIDEWALK GRINDING
Sidewalk joints and cracks with vertical offsets between 3/8 inch and 1-1/2 inches shall be ground until level with the surrounding sidewalk. The maximum taper of ground areas shall conform to the Americans with Disabilities Act (ADA) requirements and not exceed 8.33% in the direction of travel.
The minimum width of grind shall be 6”. Grinding work shall include defects running perpendicular to the direction of pedestrian travel; parallel to the direction of travel (primarily at driveways); and those areas at the sidewalk return where the sidewalk is raised above the curb. At locations where the sidewalk is sunken in relation to the top of the curb, between 3/8 inch and 3/4 inch, the top of the curb shall be ground. Where the sidewalk is raised 3/8 inch to 1-1/2 inches in relation to the curb return, the sidewalk shall be ground. The city will mark limits of grinding work in advance of the actual repairs. Offsets shall be ground to produce a smooth nonskid surface closely resembling the appearance of the adjacent concrete. The finish shall approximate a transverse broomed surface texture. The ground taper shall have a “squared off” geometric shape with straight borders. Sharp edges left by the grinding operations shall be smoothed. Grinding shall be performed so that the sidewalk surface has essentially the same or slightly rougher texture adjacent to eitherside of the joint or crack. Ground surfaces shall not be smooth. Grinding shall be performed so that the finish grind has a rectangular appearance consisting of straight back line with no stray grinding marks. The adjacent concrete shall remain untouched by the grinding process without scar or damage.
The Contractorshall demonstrate the sidewalk grinding operation and resulting finish and appearance at three test sites chosen by the Engineer. Should the Engineer deem the quality of the taper to be unacceptable, the Contractor shall modify his methods and/or equipment and proceed to an additional two test sites. This sequence shall be repeated until the acceptable quality is achieved. Approval of 350
74 the test resultsshall be obtained prior to the commencement of the full-scale grinding operation. Only the methods and equipment that produce acceptable results shall be employed on the project. Areas inaccessible to the grinding machine shall be ground with a handheld grinder. The contractor shall use best management practices to prevent dust from leaving theproject site.
Measurement and Payment
Payment for Sidewalk Grinding shall be at the price bid per Linear Foot (LF) and shall be considered full compensation for furnishing all materials, labor, incidentals, and equipment for all work involved, as described herein. No changes to payment will be made in regard to of the height of the grind.
36. UNTREATED BASE
Untreated Base shall conform to the requirements of Subsection 200-2.2, "Crushed Aggregate Base," or Subsection 200-2.4, "Crushed Miscellaneous Base," and be constructed in accordance with Subsection 301-2, "Untreated Base" of the Standard Specifications and these TechnicalProvisions.
Add to Subsection 200-2.4.1, "General" of the Standard Specifications the following:
Brick shall not be used in crushed miscellaneous base. If any detrimental material or deleterious substance is found; it shall be cause for rejection and be removed from the site.
Add to Subsection 200-2.4.2, "Grading" of the Standard Specifications the following:
Grading or blending of the material shall be done through a screening process.
Add to Subsection 301-2.1, "General," of the Standard Specifications the following: Untreated base material shall be either crushed aggregate base as specified in Subsection 200-2.2 or crushed miscellaneous base as specified in Subsection 200-2.4.
Measurement and Payment
The contract unit price paid per TON of Untreated Base (CAB OR CMB per Bid Schedule) shall include full compensation for placement Untreated Base including furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved as specified on the Plans and in the Standard Specifications, these Technical Specifications, and as directed by the City Engineer. 351
75 SECTION E. SAMPLE CONTRACT AGREEMENT
BETWEEN
THE CITY OF EASTVALE
AND
This Agreement for Construction Services (“Agreement”), is made and entered into this day of , 20 , by and between the City of Eastvale, a California general municipal corporation organized under the laws of the State of California with its principal place of business at 12363 Limonite Ave., Suite 910, Eastvale, California (“City”) and , a California (partnership, limited partnership, corporation, etc.) (“Contractor”).
SECTION 1. RECITALS
A. City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.
B. Contractor is a professional contractor, experienced in providing pavement rehabilitation and overlay services and is familiar with the plans of the City.
C. City desires to engage Contractor to construct public improvements associated with the Project #94001-2026 Residential Slurry Seal Project (Bid #26-112CIP) as set forth herein D. Contractor has obtained, and delivers concurrently herewith, [INSERT
APPLICABLE PERFORMANCE BOND, PAYMENT BOND, INSURANCE
DOCUMENTS AND OTHER CERTIFICATIONS] as required by the Contract.
SECTION 2. INCORPORATION OF DOCUMENTS
This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto: [INSERT APPLICABLE DOCUMENTS].
SECTION 3. SCOPE OF WORK
A. Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the Owner all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project #94001-2026 Residential Slurry Seal Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter the "Work" or "Project"), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in the Exhibits attached hereto and incorporated herein by this reference. Special conditions, if any, relating to the Work are described in the Exhibits attached hereto and incorporated herein by this reference.
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76 B. Change in Scope of Work Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance and in writing by a valid change order executed by the City.
SECTION 4. PERIOD OF PERFORMANCE AND LIQUIDATED DAMAGES Contractor shall perform and complete all Work under this Contract within XX working days, beginning the effective date of the Notice to Proceed ("Contract Time"). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Since it is impractical and infeasible to determine the amount of actual damage, it is agreed that the Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of XXXXX Dollars ($XXX) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.
SECTION 5. STANDARD OF PERFORMANCE
Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them.
Finally, Contractor represents that it, its employees and its subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, and that such licenses and approvals shall be maintained throughout the term of this Contract. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed on the Work.
SECTION 6. CONTROL AND PAYMENT OF SUBORDINATES; CONTRACTUAL
RELATIONSHIP
City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages,salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers' compensation insurance.
SECTION 7. CITY’S BASIC OBLIGATION
City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by the Contractor of the services and obligations required by this Contract, the above referenced compensation in accordance with 353
77 compensation provisions set forth in the Contract.
SECTION 8. COMPENSATION AND PAYMENT
A. Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of [INSERT DOLLARS] Dollars and [INSERT CENTS] Cents ($ ) ("Total Contract Price") provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.
B. Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein. On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.
City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. No progress payments will be made for Work not completed in accordance with this Contract.
SECTION 9. CONTRACT RETENTIONS
From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retainage shall be released and paid to the Contractor and subcontractors pursuant to California Public Contract Code Section 7107.
SECTION 10. OTHER RETENTIONS
In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor's obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4)stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of the Contractor to maintain or submit on a timely basis, proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by the Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure 354
78 by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.
SECTION 11. SUBSTITUTIONS FOR CONTRACT RETENTIONS
In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to the Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term "satisfactory completion of the contract" shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City.
SECTION 12. PAYMENT TO SUBCONTRACTORS
Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 10262 of the California Public Contract Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract.
SECTION 13. TITLE TO WORK
As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previouslybeen vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, and free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items.
Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.
SECTION 14. DISPUTE RESOLUTION
Any separate demand by Contractor for the payment of money or damages shall be resolved in accordance with Public Contract Code Sections 20104 et seq., if applicable.
SECTION 15. TERMINATION
This Contract may be terminated by City at any time by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to the Contractor in the amount necessary to offset City's resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause.
355
79 In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.
SECTION 16. COMPLETION OF WORK
When the Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract.
City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a re-inspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amountwhich City may be authorized or directed by law to retain. Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.
SECTION 17. CITY’S REPRESENTATIVE
The City hereby designates the City Engineer, or his or her designee, to act as its representative for the performance of this Contract ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or here designee.
SECTION 18. CONTRACTOR’S REPRESENTATIVE
Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City ("Contractor's Representative"). Following approval by the City, the Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Contract. The Contractor's Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor's Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor's Representative, Contractor shall provide the information specified above and obtain the City's written approval.
SECTION 19. CONTRACT INTERPRETATION
Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City's Representative, whose decision shall be binding upon Contractor.
SECTION 20. LOSS AND DAMAGE
Contractor shall be responsible for all loss and damage which may arise out of the nature of the 356
80 Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. However, Contractor shall be responsible for damage proximately caused by Acts of God, within the meaning of Section 4150 of the Government Code, only to the extent of five percent (5%) of the Total Contract Price as specified herein. In the event of damage proximately caused by "Acts of God," the City may terminate this Contract upon three (3) days advanced written notice.
SECTION 21. INDEMNIFICATION
A. Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or volunteers.
B. General Indemnification. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others are required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes noadditional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section.
SECTION 22. INSURANCE
Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds in excess of the limits and coverage required in this Agreement and which are applicable to a given loss, will be available to the City. Contractor shall provide the following types and amounts of insurance:
357
81 A. Commercial General Liability Insurance using Insurance Services Office “Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims orsuits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate.
B. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor’s employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person.
C. Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease.
D. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages.
Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured’s liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suitsby one insured against another. Coverage shall be applicable to City for injury to employees of Contractor, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Best rating of A or better and a minimum financial size VII.
E. General conditions pertaining to provision of insurance coverage by Contractor.
Contractor and City agree to the following with respect to insurance provided by Contractor:
(1) Contractor agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contractor also agrees to require all contractors, and subcontractors to do so likewise. (2) No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Consultant’s employees, or agents, from waiving the right of subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractorsto do likewise.
(3) All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing 358
82 contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.
(4) None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved in writing.
(5) No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or any contractor or subcontractor. (6) All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent. (7) Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contractor’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City hasthe right, but not the duty, to obtain any insurance it deems necessary to protect itsinterests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. (8) Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will “endeavor” (as opposed to being required) to comply with the requirements of the certificate. (9) It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City.
(10) Contractor agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
(11) Contractor agrees not to self-insure or to use any self-insured retention’sor deductibles on any portion of the insurance required herein except as disclosed to and approved by the City and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this Agreement to self-insure its obligations to City. City expressly approves 359
83 maintenance by the Contractor of a $100,000 deductible on its current Professional Liability insurance policy.
(12) The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City.
(13) For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. (14) Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
(15) Contractor will renew the required coverage annually as long as City, orits employees or agents face an exposure from operations of any type pursuant to this Agreement.
This obligation applies whether or not the Agreement is canceled or terminated for any reason.
Termination of this obligation is not effective until City executes a written statement to that effect. (16) Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.
(17). The provisions of any workers’ compensation or similar act will not limit the obligations of Contractor under this Agreement. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents.
(18) Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.
(19) These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such.
(20). The requirements in this Section supersede all other sections and provisions of this Agreement, except Exhibit “D” “Modifications to Contract Documents”, to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 360
84 (21) Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
(22) Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
SECTION 23. BONDS
A. Performance Bond. If specifically requested by City in the Bidding Documents, attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
B. Payment Bond. If required by law or otherwise specifically requested by City in the Bidding Documents, attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until ithas been received and approved by the City.
C. Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
D. Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 361
85 SECTION 24. SAFETY
Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed.
Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and life saving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.
SECTION 25. WARRANTY
Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) Days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at his sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor's obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work. Contractor shall perform such tests as the City may require verifying that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 362
86 SECTION 26. LAWS AND REGULATIONS
Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If the Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order.
If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, the Contractor shall be solely responsible for all costs arising there from. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
SECTION 27. PERMITS AND LICENSES
Contractor shall be responsible for securing, at its own expense, and paying for all permits and licenses necessary to perform the Work described herein.
SECTION 28. TRENCHING WORK
If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the Labor Code, including Section 6705. To this end, Contractorshall submit for City's review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
SECTION 29. HAZARDOUS MATERIALS AND DIFFERING CONDITIONS As required by Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.
SECTION 30. UNDERGROUND UTILITY FACILTIES
To the extent required by Section 4215 of the Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities. 363
87 SECTION 31. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), the Davis-Bacon Act of 1931 and 23 USC 113, which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Contractor agrees to fully comply with such Prevailing Wage Laws.
SECTION 32. APPRENTICEABLE CRAFTS
When Contractor employs workmen in an apprenticed craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticed occupations shall be with Contractor.
SECTION 33. HOURS OF WORK
Contractor is advised that eight (8) hours labor constitutes a legal day's work. Pursuant to Section 1813 of the Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.
SECTION 34. PAYROLL RECORDS
In accordance with the requirements of Labor Code Section 1776, Contractor shall keep accurate payroll records which are either on forms provided by the Division of Labor Standards Enforcement or which contain the same information required by such forms. Responsibility for compliance with Labor Code Section 1776 shall rest solely with Contractor, and Contractor shall make all such records available for inspection at all reasonable hours.
SECTION 35. CONTRACTOR’S LABOR CERTIFICATION
By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit "C" and incorporated herein by reference, shall be executed simultaneously with this Contract.
SECTION 36. LABOR AND MATERIAL RELEASES
Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the work governed by this Contract prior to final payment by City.
SECTION 37. EQUAL OPPORTUNITY EMPLOYMENT
Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the state or Federal Constitutions. Such nondiscrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 364
88 SECTION 38. ANTI-TRUST CLAIMS
This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods,services or materials, the Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to the Contractor, without further acknowledgment by the parties.
SECTION 39. NOTICES
All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
CITY CONTRACTOR
City of Eastvale [INSERT NAME]
12363 Limonite Ave., Suite910 [INSERT ADDRESS]
Eastvale, CA 91752 Attn: [INSERT NAME]
Attn: Name
Any notice so given shall be considered received by the other party three (3) days after deposit in the U.S. Mail as stated above and addressed to the party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
SECTION 40. ENTIRE CONTRACT; MODIFICATION
This Agreement, including the attached Exhibits “A” through “G”, the advertised bid documents, associated addendas, is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreement or understandings, whether oral or written, or entered into between Contractor and City prior to the execution of the agreement. No prior statements, representations or other agreements, whether oral or written, made by any parties which are not embodied herein shall be valid and binding. No amendment to this Agreement shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.
SECTION 41. TIME IS OF THE ESSENCE
Time is of the essence in the performance of this Contract.
SECTION 42. ASSIGNMENT FORBIDDEN
Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee. 365
89 SECTION 43. GOVERNING LAW
This Contract shall be governed by the laws of the State of California.
SECTION 44. COUNTERPARTS
This Contract may be executed in counterparts, each of which shall constitute an original.
SECTION 45. SUCCESSORS
The parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.
SECTION 46. ATTORNEYS’ FEES
If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such action shall be entitled to have and recover from the losing party reasonable attorneys' fees and all other costs of such action.
SECTION 47. CLAIMS OF $375,000 OR LESS
Notwithstanding any other provision herein, claims of $375,000 or less shall be resolved pursuant to the alternative dispute resolution procedures set forth in Public Contracts Code 20104, etseq.
SECTION 48. PROHIBITED INTERESTS
A. Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.
B. Conflict of Interest. For the term of this Contract, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising there from.
SECTION 49. CERTIFICATION OF LICENSE
Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor's license of the classification indicated below under Contractor's signature.
IN WITNESS WHEREOF, each of the parties has caused this Contract to be executed on the day and year first above written.
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90 CITY OF EASTVALE INSERT CONTRACTOR’S NAME
By: By:
Signature Signature
Name Name
Attest:
Title
Attest:
Title
City Clerk Secretary
Classification of Contractor’s License
Contractor’s License Number
367
91 EXHIBIT "A" PLANS AND SPECIFICATIONS
The following plans and specifications are incorporated into this Contract herein by this reference:
The work for which this proposal is submitted is for construction in conformance with these bid documents, including any addenda thereto, the contract annexed hereto, and also in conformance with the 2021 Edition of the Standard Specifications for Public Works Construction (Standard Specifications), City of Eastvale Standards for Design and Construction of Public Improvements, City of Eastvale Standard Specifications for Design and Construction of Public Improvements, Riverside County Transportation Department Improvement Standards and Specifications, latest edition, County Ordinance No. 461 and subsequent amendments, the California Department of Transportation Standard Plans and Specifications, 2018 Edition (State Standard) and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished.
The Plans and Specifications for the work are as follows:
• Advertised bid documents and associated Addendas for: 2026 Residential Slurry Seal Project (CIP Project #94001) Bid Number #26-112CIP 368
92 EXHIBIT "B" BID PROPOSAL
The following Bid Proposal from (Contractor’s name) are incorporated into this Contract. [INSERT BID PROPOSAL]
369
93 EXHIBIT "C" SPECIAL CONDITIONS
Standard Erosion and Sediment Control Plan Notes:
1. Dust control shall conform to Section 10, “Dust Control”, Section 7-1.01F, “Air Pollution Control”, Section 17, “Watering”, and Section 18 “Dust Palliative” of the State Standard Specifications, Rules no. 401, 402, 403 and 403.1 of the South Coast Air Quality Management District (AQMD), Riverside County Code, Chapter 8.52, “Fugitive Dust Reduction Program For Coachella Valley”, all other applicable Federal and State laws, and the requirements set forth herein.
2. The Contractor is cautioned that failure to control fugitive dust may result in fines being levied by the South Coast Air Quality Management District to both the Contractor and the City of Eastvale, as owner. The Contractor shall be fully responsible for payment of all fines pertaining to air pollution control violations, resulting from Contractor’s operations related to the construction contract, which may be levied against both the Contractor and the City of Eastvale by the AQMD or other regulatory agencies. The Contractor’s attention is directed to Section 7-1.01, “Laws to be Observed” of the State Standard Specifications.
The cost of all fines levied against the City of Eastvale will be deducted from any moneys due or which may become due to the Contractor, unless other payment arrangements are made by the Contractor.
3. Dust control of all of the contractor’s operations is required 24 hours per day, 7 days a week for the duration of the contract, and until the disturbed soil is permanently stabilized.
The Contractor shall take every precaution to prevent emissions of fugitive dust from the project site, from locations of stockpiled materials, from unpaved driving surfaces, from haul vehicles, from inactive construction areas, and from all other operations of the Contractor. The Contractor shall plan for and carry out proper and efficient measures to prevent his operations from producing dust in amounts damaging to property or which constitute a public nuisance, or which cause harm to person living or working in the vicinity of the work. Of particular concern are emissions of PM10 particles, which are fine particulate matter of 10 microns or less and which are associated with sickness and death from respiratory disease.
4. The Contractor shall respond to complaints by mobilizing equipment and personnel at the construction site within 2 hours of each complaint to control fugitive dust.
5. Attention is directed to AQMD Rule 403.1, which applies to all contracts within the City of Eastvale. That AQMD Rule requiresthe Contractor to take specified dust control actions when prevailing wind speeds exceed 25 miles per hour. Wind forecasts, AQMD Rules and other related information are provided by AQMD at 1-800-CUT-SMOG and at www.aqmd.gov.
6. The Contractor shall utilize the “Best Available Control Measures” of controlling fugitive dust, as prepared by the AQMD. However, if fugitive dust crosses the project boundary, more effective control measures, including the “Best Available Control Measures” shall be implemented.
7. A site specific fugitive dust control plan shall be submitted to the City Engineer for review and approval at least 10 days prior to the start of construction.
8. The fugitive dust control plan shall include the “Reasonably Available Control Measures” and “Best Available Control Measures” of controlling fugitive dust, as may be appropriate and necessary, including by not limited to watering, application of chemical dust 370
suppressants, wind fencing, covering of haul vehicles, haul vehicle bed-liners, grading, planting of vegetation, the use of a 24 hour environmental observer, and track-out controls at locations where unpaved construction accesses intersect with paved roads. The use of chemical stabilizers, which are approved by all environmental regulatory agencies, and the use of reclaimed water is encouraged. If water is intended as a primary dust control tool, the dust control plan shall provide for at least one 2,000 gallon water truck for every 4 acres of disturbed soil, unless otherwise approved by the City Engineer.
9. If the Project Inspector determines that the project scope and the forecasted weather conditions are such that the Contractor’s work is unlikely to be a source of dust emissions, the Construction Engineer has the authority to waive the requirements for submittal of a dust control plan and for placement of the dust control signs described herein. However, the Contractors responsibilities for the control of fugitive dust and the other requirements of this section may not be waived.
10. A completion notice will not be filled, and the final payment will not be made to the Contractor until the areas of disturbed soil on the construction site, including roadway shoulders, are suitable stabilized for long term control of fugitive dust.
11. This signature of the Contractor on the Proposal constitutes acknowledgement by the Contractor of the dust control enforceability of those requirements.
12. Full compensation for conformance with these dust abatement requirements, including lab equipment and materials, developing water supply and incidentals, shall be considered as included in items of work, and no additional compensation will be allowed therefore.
13. The successful Contractor shall attend an AQMD PM10 Dust Control Program training session, and furnish evidence of attendance to the City Engineer. Attendance at AQMD training seminars can be scheduled the AQMD at 1-866-861-DUST or by email to [email protected]. Current AQMD certification of previous attendance will be accepted. At that training session, the successful Contractor will be furnished with the AQMD prepared Rule 403 and Rule 403.1 implementation handbooks, which include the Best Available Control Measures” and “Reasonably Available Control Measures”, and other associated information, including a listing of suggested dust control related to devices, material and chemicals.
14. Any days on which the Contractor is prevented from working, due to the requirements of AQMD Rules, will be considered as non-working days, in accordance with Section 8-1.06, “Time of Completion” of the State Standard Specification. 92 371
93 EXHIBIT "D" CERTIFICATION LABOR CODE-SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700 et seq. of the Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.
[INSERT CONTRACTOR'S NAME]
By:
[INSERT NAME]
[INSERT TITLE]
372
94 None
EXHIBIT “E” CONTRACT MODIFICATIONS
373
95 EXHIBIT “F” SUPPLEMENTAL REQUIREMENTS
[INSERT ANY OTHER FORMS/PROVISION]
374
96 FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, THE CITY OF EASTVALE, hereinafter designated as the “City”, entered into a Contract dated , 20 , with
hereinafter designated as the
“Contractor” for the work described as follows:
Project
WHEREAS, the said Contractor is required under terms of said Contract to furnish a bond for the faithful performance of said Contract;
WHEREAS, the Contract is by reference made a part hereof; NOW, THEREFORE, we,
the undersigned Contractor, as Principal, and
(corporate surety), a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of dollars ($ ), lawful money of
the United States, said sum being not less than one hundred (100) percent of the total Contract amount, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, THAT, if the above bounded Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the said Contract and any alterations thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.
As a condition precedent to the satisfactory completion of the said Contract, the above obligation in said amount shall hold good for a period of one (1) year after the completion and acceptance of the said work, during which time if the above bounded Contractor, his or its heirs, executors, administrators, successors or assigns shall fail to make full, complete, and satisfactory repair and replacements or totally protect the City from loss or damage made evident during said period of one year from the date of acceptance of said work, and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, the above obligation in the said sum shall remain in full force and effect. However, anything in this paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Contractor remains.
And the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder 375
97 or the specifications accompanying the same shall, in any way, affect its obligations on this bond and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including reasonable attorney’s fees to be fixed by the Court.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 .
Name of Surety Contractor
By:
Title:
Mailing Address of Surety and
By:
Telephone No. of Surety Title:
By:
Attorney in Fact
NOTE: If Contractor is Partnership, all parties must execute Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in California.
NOTICE: The signature of the Surety on this bond must be acknowledged before a notary public, and this bond must be accompanied by evidence of the signatory’s appointment as attorney in fact and authority to bind theSurety.
MANDATORY: The Surety shall be authorized and licensed by the California Insurance Commissioner as an “admitted surety insurer.” (See Cal. Code Civ. Proc. § § § 995.310, 995.311, 995.320) APPROVAL: Bonds must be approved by the City. In order to verify the status of the Surety as an admitted surety, the Surety shall provide the City with at least one of the following: (1) a print-out of information from the web-site of the Department of Insurance confirming the Surety is an admitted surety insurer and attaching it to the bond; or (2) a certificate from the Riverside County Clerk that the certificate of authority of the Surety has not been surrendered, revoked, cancelled, annulled or suspended and confirming that the Surety is an admitted surety and attaching the certificate to the bond. (See Cal. Code Civ. Proc. Code § 995.311). 376
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, THE CITY OF EASTVALE, hereinafter designated as the “City”, has awarded to , hereinafter designated
as the “Contractor” a Contract for the work described as follows:
Project
WHEREAS, the Contractor is required by the Contract and by the provisions of Division Third, Part 4, Title 15, Chapter 7 of the Civil Code to furnish a bond in connection with the Contract, as hereinafter set forth.
NOW, THEREFORE, we, ,
the undersigned Contractor, as Principal, and , a
corporation organized and existing under the laws of theState of duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the in the sum of
dollars ($ ) said sum being not less than one hundred (100) percent of the total Contract amount payable by the city, under the terms of the Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, THAT, if the Contractor, his or its heirs, executors, administrators, successors and assigns or subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams, implements or machinery used in, upon, for or about the performance of the work contracted to be done, or shall fail to pay for any work or labor thereon of any kind, or shall fail to pay any persons named in Civil Code section 3181, or shall fail to pay for amounts due under the Unemployment Insurance Code with respect to such work or labor as required by the provisions of Division Third, Part 4, Title 15, Chapter 7 of the Civil Code, or shall fail to pay for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work or labor, and provided that the claimant shall have complied with the provisions of that Code, the Surety or Sureties hereon will pay for the same in amount not exceeding the sum specified in the Contract, otherwise the above obligation shall be void. In case suit is brought upon this bond, the Surety will pay all court costs, expenses and reasonable attorney’s fee to the prevailing party to be fixed by the court.
This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 3181 of the Civil Code, so as to give a right of action to them or to their assigns in any suit brought upon this bond.
And the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contractor to the work or to the specifications. 98 377
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 .
Name of Surety Contractor
By:
Title:
Mailing Address of Surety and
By:
Telephone No. of Surety Title:
By:
Attorney in Fact
NOTE: If Contractor is Partnership, all parties must execute Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in California.
NOTICE: The signature of the Surety on this bond must be acknowledged before a notary public, and this bond must be accompanied by evidence of the signatory’s appointment as attorney in fact and authority to bind theSurety.
MANDATORY: The Surety shall be authorized and licensed by the California Insurance Commissioner as an “admitted surety insurer.” (See Cal. Code Civ. Proc. § 995.311) APPROVAL: Bonds must be approved by the City. In order to verify the status of the Surety as an admitted surety, the Surety shall provide the City with at least one of the following: (1) a print-out of information from the web-site of the Department of Insurance confirming the Surety is an admitted surety insurer and attaching it to the bond; or (2) a certificate from the Riverside County Clerk that the certificate of authority of the Surety has not been surrendered, revoked, cancelled, annulled or suspended and confirming that the Surety is an admitted surety and attaching the certificate to the bond. (See Cal. Code Civ. Proc. Code § 995.311). 99 378
APPENDICES
• Exhibit A: Project Location Map with Treatment Type and Curb Ramp Reconstruction and Retrofit Map
• Exhibit B: Dig Out Locations Table and Locations Map
• Exhibit C: AC Overlay Typical Detail at Cul-de-Sac
• Exhibit D: Rubberized Pavement Certification Form and Reliable Contractor Declaration Form
• Exhibit E: Typical Details for Reference
• Exhibit F: City of Eastvale’s Suggested Public Notification and Door Hanger Templates
• Exhibit G: City of Eastvale’s Suggested Temporary No Parking and No Driving Template
100 379
EXHIBIT A
PROJECT LOCATION MAP
WITH TREATMENT TYPE
AND
CURB RAMP RECONSTRUCTION AND RETROFIT MAP
380
KEY:
GREEN: REAS Type II Seal
BLUE: Cape Seal
PINK: Cul-de-Sacs with 1.5” Cold Mill and 1.5” Overlay
PROJECT AREA #1
LOCATION MAP WITH TREATMENT TYPE
381
KEY:
GREEN: REAS Type II Seal
BLUE: Cape Seal
PINK: Cul-de-Sacs with 1.5” Cold Mill and 1.5” Overlay
PROJECT AREA #2
LOCATION MAP WITH TREATMENT TYPE
382
KEY:
GREEN: REAS Type II Seal
BLUE: Cape Seal
PINK: Cul-de-Sacs with 1.5” Cold Mill and 1.5” Overlay
PROJECT AREA #3
LOCATION MAP WITH TREATMENT TYPE
383
KEY:
YELLOW ORANGE: Retrofit Curb Ramp
RED: Reconstruct Curb Ramp
PROJECT AREA #1
RECONSTRUCT/RETROFIT CURB RAMP LOCATION MAP
384
KEY:
YELLOW ORANGE: Retrofit Curb Ramp
RED: Reconstruct Curb Ramp
PROJECT AREA #1
RECONSTRUCT/RETROFIT CURB RAMP LOCATION MAP
385
KEY:
YELLOW ORANGE: Retrofit Curb Ramp
RED: Reconstruct Curb Ramp
PROJECT AREA #1
RECONSTRUCT/RETROFIT CURB RAMP LOCATION MAP
386
KEY:
YELLOW ORANGE: Retrofit Curb Ramp
RED: Reconstruct Curb Ramp
PROJECT AREA #1
RECONSTRUCT/RETROFIT CURB RAMP LOCATION MAP
387
EXHIBITB
DIG OUT LOCATIONSTABLE
AND LOCATIONS MAP
388
Exhibit B - Dig Out Locations Table
EXHIBIT B - Dig Out Locations Table
Street Name Location Description Width (ft) Length (ft) Total Sq Ft. 1 LongBranch st 6588 Alligator area 1 10 22 220
2 LongBranch st 6588 Alligator area 1 12 12 144
3 Cavalry Cir. 14167 Alligator area 1 7 60 420
4 Cavalry Cir. 14197 Alligator area 1 12 30 360
5 Trading Post ct. 14182 Alligator area 1 12 30 360
6 Burrage st 13921 Alligator area 1 7 18 126
7 Burrage st 13941 Alligator area 1 7 15 105
8 Burrage st 13941 Alligator area 1 9 14 126
9 Camp Rock st 13932 Alligator area 1 9 4 36
10 Edgewood Dr Edgewood Dr & Winterwell Rd Intersection Alligator area 2 7 10 70 11 Woodrush Way 6855 Alligator area 2 22 10 220
12 Woodrush Way 6879 Alligator area 2 16 10 160
13 Woodrush Way 6891 Alligator area 2 17 66 1122
14 Landerwood Dr. 14980 Alligator area 2 30 40 1200
15 Chesterfield ct. 6934 JCSD water cut 4 7 28
16 Whisperwind dr. 6933 Alligator area 2 6 12 72
17 Whisperwind dr. 6933 Alligator area 2 15 25 375
18 Sorrel Ln 7892 Alligator area 3 10 30 300
19 Sorrel Ln 8032 Alligator area 3 7 33 231
20 Hazelnut Dr. 7954 Alligator area 3 7 35 245
21 Hazelnut Dr. 7867 Alligator area 3 7 25 175
22 Beechwood ct 14570 Alligator Area 3 10 25 250
TOTAL 6,345
389
DIG OUT LOCATIONS
MAP
390
EXHIBIT C
AC OVERLAY TYPICAL DETAIL AT CUL-DE-SAC
391
R/W
1.5" COLDMILL & 1.5" AC
OVERLAY
EXHIBIT C
AC OVERLAY TYPICAL DETAIL AT CUL-DE-SAC
CURVE CURVE
392
EXHIBIT D
RUBBERIZED PAVEMENT CERTIFICATION
FORM AND RELIABLE CONTRACTOR
DECLARATION FORM
393
STATE OF CALIFORNIA Grantee Name
Department of Resources Recycling and Recovery (CalRecycle) CALRECYCLE 739-TRP (08/2013) Grant Numbe,: I
Rubberized Pavement Certification
The Rubberized Pavement Certification form must be submitted with the payment request form(s). By signing this form, the signator certifies, under penalty of perjury, that the information provided below by the rubberized pavement (RP) manufacturer, binder supplier or contractor is true and accurate.
Grantee: Request completion of this form by each RP manufacturer, binder supplier or contractor. Review form for completeness and submit form to CalRecycle with payment request form(s). Retain supporting documentation that only California-generated waste tires were used for this grant project.
RP manufacturer, binder supplier or contractor: See instructions on the next page, complete and submit form to Grantee.
RP MANUFACTURER, BINDER SUPPLIER OR CONTRACTOR NAME: EMAIL:
CONTACT NAME: PHONE: FAX: I
ADDRESS: WEBSITE:
SUPPORTING DOCUMENTATION REQUIREMENT
0 CERTIFICATE OF ORIGIN OR ACCEPTABLE SUPPORTING DOCUMENTATION ATTACHED (SEE FOOTNOTES ON NEXT PAGE) Product Description Manufacturer Name Quantity I Passenger Tire Number of PTE's Choose either Crumb Rubber or (lbs.) (divided) Equivalent (PTE) = Diverted Crumb Rubber Modifier
Crumb Rubber EXAMPLE 25,000 I 12 lbs/tire = 2,083
I =
I =
TOTAL:
The Product Provider agrees to be bound by the Audit/Records Access requirements of the above-referenced Grant. See next page for additional detail.
I certify under penalty of perjury that the material provided to the above-named grantee was manufactured from only California-generated waste tires. I understand that if it cannot be verified that the source of the material is from only California-generated waste tires, or an audit discloses the use of nonCalifornia tire rubber, that the Ca/Recycle may deny reimbursement or require the grantee to return all grant funds previously paid under this grant, and that the grantee may seek reimbursement from the above-named RP manufacturer, binder supplier or contractor.
Signature of Authorized Signer for RP manufacturer, binder supplier or contractor Print Name Title Date 394
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395
Department of Resources Recycling and Recovery
FiRM Branch
State of California
RELIABLE CONTRACTOR DECLARATION
CalRecycle 168 (REV. 0/2024)
This form must be completed and submitted to the Departm ent of Resources Recycling and Recovery (CalRecycle) prior to authorizing a contractor(s)o commence work. t Failure to provide this documentation i n a timely manner may result in nonpayment of funds to the contractor(s).
This form is intended to help the CalRecycle s Grantees comply with the Reliable Contractor Declaration (formerly Unreliable List) requirement of their Terms and Conditions.
The Reliable Contractor Declaration (formerly Unreliable List) provision requires the following:
Prior to authorizing a contractor(s) to commence work under the Grant, the Grantee shall submit to CalRecycle a declaration signed under penalty of perjury by the contractor(s) stating that within the preceding three (3) ears, y none of the events listed in Section 17050 of Title 14, California Code of Regulations, Natural Resources, ivision 7, D has occurred with respect to the contractor(s). Please see the end of this page or refer to the California Code of Regulations (KWWSV
RDOFDJRYSXEOLFDWLRQVFFU).
If any of the events listed in Section 17050 have occurred, disclosure is required but will not necessarily result in CalRecycle refusing to approve the contractor. A signed statement explaining the facts and circumstances of the events must be attached to and submitted with this form.
Contractor: Complete he t form and send original to the Grantee.
Grantee: Scan the form and upload it to the grant in CalRecycles Grant Management System.
For further instruction about logging into the Grant Management System and uploading this form, reference the Procedures and Requirementsetai . Rn the original form in your grant file.
Grantee Information
Grantee Name:
Grant Number:
Primary Contact Name:
Contractor Information
Contractor Name:
Authorized Contractor Representative Name:
Mailing Address:
As the authorized representative of the above identified contractor, I declare under penalty of perjury under the laws of the State of California that within the preceding three (3) years, none 396
Department of Resources Recycling and Recovery
FiRM Branch
State of California
RELIABLE CONTRACTOR DECLARATION
CalRecycle 168 (REV. 0/�2024)
of the events listed in Section 17050 of Title 14, California Code of Regulations, Natural Resources, Division 7, has occurred with respect to the above identified contractor.
Alternatively, as the authorized representative of the above identified contractor, I declare under penalty of perjury under the laws of the State of California that within the preceding thr (3)years, if any of the events listed in Section 17050 of Title 14, California Code of Regulations Natural Resources, Division 7, has occurred with respect to the above identified contractor, I have disclosed all such occurrences in an attached signed statement that explains the facts an circumstances of the listed events
Signature Date
397
Department of Resources Recycling and Recovery
FiRM Branch
State of California
RELIABLE CONTRACTOR DECLARATION
CalRecycle 168 (REV. 0/2024)
Title 14 CCR, Division 7, Chapter 1
Article 5. Unreliable Contractors, Subcontractors, Borrowers and Grantees Section 17050. Grounds for Placement on Unreliable List The following are grounds for a finding that a contractor, any subcontractor that provides services for a board agreement, grantee or borrower is unreliable and should be placed on the board’s Unreliable Contractor, Subcontractor, Grantee or Borrower List ( Unreliable List). The presence of one of these grounds shall not automatically result in placement on the Unreliable List. A finding must be made by the Executive Director in accordance with section 17054, and there must be a final decision on any appeal that may be filed in accordance with section 1705 et seq.
a) Disallowance of any and/or all claim(s) to the board due to fraudulent claims or reporting or
b) The filing of a civil action by the Attorney General for a violation of the False Claims Act, Government Code section 12650 et. seq; or
c) Default on a board loan, as evidenced by written notice from board staff provided to the borrower of the default; or
d) Foreclosure upon real property loan collateral or repossession of personal property loan collateral by the board; or
e) (e) Filing voluntary or involuntary bankruptcy, where there is a finding based on substantial evidence, that the bankruptcy interfered with the board contract, subcontrac grant or loan; or
f) Breach of the terms and conditions of a previous board contract, any subcontract for a board agreement, grant, or loan, resulting in termination of the board contract, subcontract, grant or loan by the board or prime contractor; or g) Placement on the board’s chronic violator inventory established pursuant to Public Resources Code section 44104 for any owner or operator of a solid waste facility; or h) The person, or any partner, member, officer, director, responsible managing officer, or responsible managing employee of an entity has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or any act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance under any board contract, subcontract, grant or loan; or i) The person or entity is on the list of unreliable persons or entities, or similar list, of any other federal or California state agency; or
j) The person or entity has violated an Order issued in accordance with section 18304; or, k) The person or entity has directed or transported to, has or accepted waste tires at, a sit where the operator is required to have but does not have a waste tire facility permit; or l) The person or entity has transported waste tires without a waste tire hauler registration or,
m) The person or entity has had a solid waste facility or waste tire permit or a waste tire hauler registration denied, suspended or revoked; or,
n) The person or entity has abandoned a site or taken a similar action which resulted in corrective action or the expenditure of funds by the Board to remediate, clean, or abate a nuisance at the site; or
o) The following are additional grounds for a finding that, a person or entity described below should be placed on the Unreliable List:
398
Department of Resources Recycling and Recovery
FiRM Branch
State of California
RELIABLE CONTRACTOR DECLARATION
CalRecycle 168 (REV. 0/2024)
1) The person or entity owned 20% or more of an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List; 2) The person held the position of officer director, manager, partner, trustee, or any other management position with significant control (Principal Manager) in an entity on the Unreliable List at the time of the activity that resulted in its placement on t Unreliable List;
3) The entity includes a Principal Manager who:
1. Was a Principal Manager in an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List; or,
2. Owned 20% or more of an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List; 4) The entity has a person who owns 20% or more of the entity, if that person:
1. Was a Principal Manager in an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List; or,
2. Owned 20% or more of an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List. 5) The entity has another entity which owns 20% or more of the entity, if that other entity:
1. Is on the Unreliable List; or,
2. Owned 20% or more of an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List. 6) Subsection (o) is not intended to apply to a person or entity that purchases or otherwise obtains an entity on the Unreliable List subsequent to its placement on the Unreliable List.
399
EXHIBIT E
TYPICAL DETAILS FOR REFERENCE
400
4.00'
BCR
CS
TS
DETECTABLE
WARNING
SEE DETAILS
ON SHEET 2
TABLE Y
CF Y
6" 8.93'
8" 11.74'
RS =
CS =
TS =
SGS =
WA =
STREET & GUTTER SLOPE: 5.00% MAX AS-BUILT
RAMP SLOPE: 7.5% (8.33% MAX AS-BUILT)
Y (SEE TABLE Y BELOW)
"X"
WA
"X"
TS 5'
WA
WA
PLAN
"Y"
1/4 DELTA
1/4 DELTA 1/4 DELTA 1/4 DELTA ECR
CS
CS
CROSSWALK
SEE NOTE 15
SEE TABLE X ON SHEET 3
CS 4" MIN
RS
CS SGS
FLUSH (NO LIP)
SEE NOTE 4 CS RADIUS = 25' OR 35'
6' TO FL
5'
2' 2' 36" MIN
A
A
10' MIN
12'
4.00' x 4.00' MIN LANDING
CROSS SLOPE: 1.5% (2.00% MAX AS-BUILT)
TRANSITION SLOPE: 9.0% (10.00% MAX AS-BUILT)
EXPANSION JOINT
SEE STANDARD No. 205
SECTION "A-A"
NOTE:
IMPROVEMENT PLANS SHALL
INCLUDE DETAILS WITH
ELEVATIONS, SLOPES AND
WIDTHS FOR ANY CURB RAMP
FL
4.00' MINIMUM
PVMT
1 1/2" x 3/16" TOOLED JOINT
CURB AND GUTTER DETAILS
PER STANDARD No. 200 OR 201
WEAKENED PLANE JOINT ALIGNS
WITH 1/4 DELTA RADIAL AT BACK OF CURB
DELTA = TOTAL ANGLE
BETWEEN BCR AND ECR
WEAKENED
PLANE JOINT
WIDTH A: 4.00' MIN AS-BUILT
1 1/2" x 3/16" TOOLED JOINT
AT ALL RAMP GRADE BREAKS CROSSWALK IF SPECIFIED
BACK OF CURB
EG
FS
SEE TABLE Y BELOW
SEE STANDARD No. 805
FOR CURB RETURN RADIUS
FOR PUBLIC WORKS PROJECTS,
PAY QUANTITY FOR CURB
RAMP CONSTRUCTION SHALL
INCLUDE CURB AND GUTTER
AND SIDEWALK FROM BCR
TO ECR
DETECTABLE WARNING PANEL
SET IN WET CONCRETE AT TIME
OF POUR, SEE NOTES 12 AND 13
ABBREVIATIONS AND VALUES:
SEE ALL NOTES ON SHEET 7
MOTOR VEHICLES ARE PROHIBITED
FROM USING CURB RAMPS AS
ACCESS ONTO PRIVATE PROPERTY.
COLD JOINT
FS = FLOWLINE SLOPE AT CURB OPENING:
1.50% (2.00% MAX AS-BUILT) FOR LEGS WITH STOP OR YIELD CONTROL.
4.50% (5.00% MAX AS-BUILT) FOR LEGS WITHOUT STOP, YIELD, OR GREEN LIGHT SIGNALIZATION.
STREET % FOR MID-BLOCK CROSSINGS. 12' 10' MIN
SEE NOTE 10
1/2 DELTA
CITY OF EASTVALE
DIRECTOR OF PUBLIC WORKS DATE
DATE
NOT TO SCALE
REVISION DESCRIPTION MARK APPROVED
JIMMY CHUNG, P.E.
PREPARED UNDER THE SUPERVISION OF:
xx/xx/xx
REGISTERED PROFESS IONAL
ENGINEER
S TA TE OF C A L IFORN
C
IA
IV I L
STANDARD No. 403 (1 OF 7)
CURB RAMP
CASE A
Z
WZ KE>
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401
"Z"
WB
"Z"
PLAN
CS
RS
RS
CS
6'
RAISED TRUNCATED DOME
SGS
4.00'
CS CS
CS 4" MIN 0.20"
0.45" TO 0.47"
0.90" TO 0.92"
6' TO FL
10' MIN
12'
2' 2' 36" MIN
FLUSH (NO LIP)
SEE NOTE 4
COLD JOINT
SEE STANDARD No. 805
FOR CURB RETURN RADIUS
CURB AND GUTTER DETAILS
PER STANDARD No. 200 OR 201
1/4 DELTA
1/4 DELTA 1/4 DELTA 1/4 DELTA RADIUS = 25' OR 35'
RADIAL
RADIAL
BCR ECR
CS
SEE TABLE Z ON SHEET 3
EXPANSION JOINT
SEE STANDARD No. 205
CROSSWALK
SEE NOTE 15
2.3" TO 2.4"
CENTER TO
CENTER
SPACING
DETECTABLE
WARNING
SEE NOTES 11, 12 & 13
SEE NOTE 11
A
A
6.00'
SECTION "A-A"
IMPROVEMENT PLANS SHALL
INCLUDE DETAILS WITH
ELEVATIONS, SLOPES AND
WIDTHS FOR ANY CURB RAMP
NOTE:
FL
PVMT
1 1/2" x 3/16" TOOLED JOINT
AT ALL RAMP GRADE BREAKS
DELTA = TOTAL ANGLE
BETWEEN BCR AND ECR
WEAKENED PLANE JOINT
RAISED TRUNCATED
DOME PATTERN
DETECTABLE WARNING SURFACE
5.00' MIN
6" OR 8" HIGH
RETAINING CURB
WB
ABBREVIATIONS AND VALUES: CROSSWALK IF SPECIFIED
FS
FOR PUBLIC WORKS PROJECTS,
PAY QUANTITY FOR CURB RAMP
CONSTRUCTION SHALL
INCLUDE CURB AND GUTTER
AND SIDEWALK FROM BCR
TO ECR AND BOTH RAMPS.
BACK OF CURB
EG
BACK OF WALK
DETECTABLE WARNING PANEL
SET IN WET CONCRETE AT TIME
OF POUR, SEE NOTES 12 AND 13
SEE SHEET 1 FOR ADDITIONAL ABBREVIATIONS AND VALUES
MOTOR VEHICLES ARE PROHIBITED
FROM USING CURB RAMPS AS
ACCESS ONTO PRIVATE PROPERTY.
WB = WIDTH B: 5.00' MIN AS-BUILT (SEE NOTE 16)
6"
SEE ALL NOTES ON SHEET 7 12' 10' MIN
1/2 DELTA
5'
CITY OF EASTVALE
DIRECTOR OF PUBLIC WORKS DATE
DATE
NOT TO SCALE
REVISION DESCRIPTION MARK APPROVED
JIMMY CHUNG, P.E.
PREPARED UNDER THE SUPERVISION OF:
xx/xx/xx
REGISTERED PROFESS IONAL
ENGINEER
S TA TE OF C A L IFORN
C
IA
IV I L
STANDARD No. 403 (2 OF 7)
CURB RAMP
CASE B
Z
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402
S
XL
X
X
S
L
PROFILE
1% 2% 3% 4% 5% 6%
X
X
/2
/4
/4
SHORT SIDE (DOWN SLOPE): LONG SIDE (UP SLOPE):
S
CF
S
6"
8"
TC = TOP OF CURB
CF = CURB FACE FL = FLOWLINE TRANSITION
FS TRANSITION
CF
TC
FL
S
ZL
Z
Z
S
L
1% 2% 3% 4% 5% 6%
Z
CF Z RAMP
SLOPE
7.5%
6"
8"
7.5%
ENGINEER TO SHOW X , X , Z , AND Z ON IMPROVEMENT PLANS L S L X OR Z (FT) = S S X OR Z (FT) = L L TRANS OR RAMP SLOPE + FL SLOPE
X OR ZS X OR Z L L
15.0* 15.0* 15.0*
*
5.00 4.55 4.17 3.85 3.57 3.33
4.44 6.25 7.14 8.33
6.67 8.33
6.06 9.52 11.11 13.33
5.56 5.13 4.76
5.88 5.26 4.76 4.35 4.00 3.70
7.69 9.09 11.11 14.29 15.0* 15.0*
7.84 7.02 6.35 5.80 5.33 4.94
10.26 12.12 14.81
9.0%
9.0%
10.11 12.50
TRANS OR RAMP SLOPE - FL SLOPE
TO CALCULATE "X" OR "Z" LENGTH:
NOTE: RAMP LENGTH IS NOT REQUIRED TO EXCEED 15.0' ALONG THE BACK OF WALK.
TRANSITION
SLOPE
FLOWLINE SLOPE (ALONG CURB RETURN)
16.67 22.22
TABLE X - CASE "A" TRANSITION LENGTH ALONG CURB RETURN (FEET)
FLOWLINE SLOPE
FL SLOPE 4.00' CASE A
5.00' CASE
B,C,D
OR RAMP OR RAMP
CURB FACE (FEET) CURB FACE (FEET)
16.67 NOTE: THE TRANSITION LENGTH IS NOT REQUIRED TO GO BEYOND THE BCR OR ECR, NOR EXCEED 15' IN LENGTH.
WIDTH
TABLE Z - CASE "B", "C" AND "D" RAMP LENGTH ALONG BACK OF WALK (FEET)
FLOWLINE SLOPE (ALONG CURB)
RS = RAMP SLOPE: 7.5% (8.33% MAX AS-BUILT)
TS = TRANSITION SLOPE: 9.0% (10.00% MAX AS-BUILT)
FS = FLOWLINE SLOPE AT CURB OPENING:
1.50% (2.00% MAX AS-BUILT) FOR LEGS WITH STOP OR YIELD CONTROL.
4.50% (5.00% MAX AS-BUILT) FOR LEGS WITHOUT STOP, YIELD, OR GREEN LIGHT SIGNALIZATION.
STREET % FOR MID-BLOCK CROSSINGS.
SEE ALL NOTES ON SHEET 7
CITY OF EASTVALE
DIRECTOR OF PUBLIC WORKS DATE
DATE
NOT TO SCALE
REVISION DESCRIPTION MARK APPROVED
JIMMY CHUNG, P.E.
PREPARED UNDER THE SUPERVISION OF:
xx/xx/xx
REGISTERED PROFESS IONAL
ENGINEER
S TA TE OF C A L IFORN
C
IA
IV I L
STANDARD No. 403 (3 OF 7)
CURB RAMP
PROFILE
Z
WZ KE>
E
:
/DDz , hE'
ôíïðò
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403
1. 2.
3. 4.
5. 6.
7. 8.
9. 10.
11. 12.
13. 14.
15. 16.
17. 18.
NOTES:
TO MEET AMERICAN WITH DISABILITIES ACT STANDARDS, MAXIMUM STATED SLOPES AND MINIMUM STATED DISTANCES ARE ABSOLUTE AND NO CONSTRUCTION TOLERANCES WILL BE PERMITTED.
IF THE DISTANCE FROM CENTER OF CURB RETURN TO EXISTING RIGHT-OF-WAY LINE IS INSUFFICIENT TO ACCOMMODATE THE CASE A CURB RAMP AND TOP LANDING, THEN USE THE CASE B CURB RAMP.
THE MINIMUM SIDEWALK WIDTH IS 5.00' WHERE A VERTICAL OBJECT (SUCH AS A CURB OR WALL) IS ADJACENT TO THE PEDESTRIAN ACCESS ROUTE.
TRANSITIONS FROM CURB RAMPS TO SIDEWALKS, GUTTERS, AND STREETS SHALL BE FLUSH AND FREE FROM ABRUPT LEVEL CHANGES. NO LIPS ARE PERMITED AT THE GUTTER FLOWLINE OR EDGE OF PAVEMENT.
THE TOP OF CURB WIDTH IS NOT INCLUDED IN THE MEASUREMENT OF MINIMUM SIDEWALK WIDTH.
THE TRANSITION SLOPE OF THE FLARED WINGS OF THE CASE A CURB RAMP IS MEASURED ALONG THE BACK OF CURB.
FOR CASE B CURB RAMPS, CONSTRUCT WEAKENED PLANE JOINTS AT 1/4 DELTAS WHEN THE RADIUS EQUALS 35' AND AT TOPS OF RAMPS WHEN THE RADIUS EQUALS 25'.
WHEN ABUTTING SOIL HAS A HIGH SULFATE CONTENT, USE A MODIFIED CONCRETE MIX AND PLACE 6" MIN CLASS 2 AGGREGATE BASE AND 6 MIL PLASTIC SHEETING UNDER AND AROUND ALL SIDES OF CONCRETE IMPROVEMENTS. FOR EXPANSIVE SOIL, PLACE 6" MIN CLASS 2 AGGREGATE BASE UNDER CONCRETE IMPROVEMENTS AS DIRECTED BY THE ENGINEER. SEE SPECIFICATIONS SECTIONS 16.03 &
16.04 AND STANDARD No. 401 FOR REFERENCE.
MINIMUM CONCRETE STRENGTH SHALL BE 560-C-3250.
THE ROAD SURFACE AND GUTTER SURFACE SHALL NOT EXCEED 5.00% WITHIN 4' OF THE CURB RAMP EDGE (FLOW LINE).
DETECTABLE WARNING SURFACES ARE REQUIRED WHEREVER AT-GRADE PEDESTRIAN SURFACES ENTER INTO A VEHICULAR TRAVEL WAY (EXCEPT NOT REQUIRED AT DRIVEWAY APPROACHES).
CURB RAMPS SHALL INCLUDE A YELLOW DETECTABLE WARNING SURFACE THAT EXTENDS THE FULL CURB OPEN WIDTH AND 3'-0" DEPTH OF THE RAMP. DETECTABLE WARNING SURFACES SHALL CONSIST OF A PANEL SET INTO WET CONCRETE AND CONFORM TO THE DETAILS ON SHEET 2 OF THIS STANDARD.
NO BOLT DOWN OR GLUE DOWN PANELS WILL BE ALLOWED FOR NEW RAMP CONSTRUCTION.
THE EDGE OF THE DETECTABLE WARNING SURFACE NEAREST THE STREET SHALL BE BETWEEN 6" AND 8" FROM THE GUTTER FLOWLINE.
UTILITY PULL BOXES, MANHOLES, VAULTS AND ALL OTHER UTILITY FACILITIES ARE NOT TO BE LOCATED WITHIN THE BOUNDARIES OF THE CURB RAMP. EXISTING STRUCTURES WILL BE RELOCATED
OR ADJUSTED TO GRADE BY THE OWNER PRIOR TO, OR IN CONJUNCTION WITH, CURB RAMP CONSTRUCTION.
CROSSWALK STRIPING IS ONLY APPLIED IF SHOWN ON IMPROVEMENT PLANS. CROSSWALK STRIPING, WHEN CALLED FOR, SHALL BE PER STANDARD No. 1211.
FOR NEW CASE B, CASE C, AND CASE D CURB RAMPS THE LEVEL LANDING AT THE BOTTOM OF THE RAMPS SHALL BE A MINIMUM OF 5.00' WIDE. FOR INVENTORYING EXISTING CASE B AND CASE C RAMPS, A CURB OPENING WIDTH OF 4.00' MIN IS ACCEPTABLE.
FOR PUBLIC WORKS PROJECTS, THE CONTRACT UNIT PRICE FOR CURB RAMP SHALL INCLUDE RAMP, SIDEWALK, CURB AND GUTTER (OR SPANDREL) FROM BCR TO ECR.
THE DETECTABLE WARNING SURFACE SHALL BE PREFABICATED SURFACE, RIGID, COLORFAST AND UV STABLE, YELLOW COLOR COMPLYING WITH FEDERAL STANDARD 595B, COLOR NO. 33538 "ADA REPLACEABLE (WET SET) COMPOSITE TACTILE UNITS" AS MANUFACTURED BY ADA SOLUTIONS, ARMOR-TILE, OR APPROVED EQUAL.
THE EDGE OF THE DETECTABLE WARNING SURFACE ADJACENT TO THE STREET SHALL BE BETWEEN 6" AND 8" FROM THE GUTTER FLOW LINE.
CITY OF EASTVALE
DIRECTOR OF PUBLIC WORKS DATE
DATE
NOT TO SCALE
REVISION DESCRIPTION MARK APPROVED
JIMMY CHUNG, P.E.
PREPARED UNDER THE SUPERVISION OF:
xx/xx/xx
REGISTERED PROFESS IONAL
ENGINEER
S TA TE OF C A L IFORN
C
IA
IV I L
STANDARD No. 403 (7 OF 7)
CURB RAMP
NOTES
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404
DRAWN BY:
SCALE:
CHECKED BY:
APPROVED BY:
DRAWING NO.
CITY OF EASTVALE PUBLIC WORKS DEPARTMENT
CALTRANS STANDARD PLAN A88A
CURB RAMP DETAILS
APPROVAL DATE:
REVISED DATE:
NONE
405
LOOP DETECTOR PLACEMENT DETAIL
LOOP DETECTOR SAWCUT DETAIL
DIRECTION
OF TRAVEL
2" C STUB OUT
C/G
1' TRIANGLE
LEFT
TURN
LANE
TYPE E (MODIFIED)
1' TRIANGLE
TYPE "A" CURB TERMINATION PER
CALTRANS STANDARD PLAN No. ES-5D
TYPE E ADVANCED DETECTORS MID DETECTORS LIMIT LINE OR X-WALK
FOR SETBACK DISTANCE SEE TABLE BELOW
SETBACK
SPEED
105'
140'
185'
230'
285'
345'
405'
475'
550'
-
- 100'
120'
150'
180'
210'
245'
280'
ADVANCED
25 MPH
30 MPH
35 MPH
40 MPH
45 MPH
50 MPH
55 MPH
60 MPH
65 MPH
MID (FT)
ADVANCE AND MID-DETECTION
ZONES SETBACK DISTANCEFROM LIMIT LINE
30' 15' 10'
1'
10'
6' DIA
2'
2'
2'
TYP.
CITY OF EASTVALE
DIRECTOR OF PUBLIC WORKS DATE
DATE
NOT TO SCALE
REVISION DESCRIPTION MARK APPROVED
JIMMY CHUNG, P.E.
PREPARED UNDER THE SUPERVISION OF:
xx/xx/xx
REGISTERED PROFESS IONAL
ENGINEER
S TA TE OF C A L IFORN
C
IA
IV I L
STANDARD No. 1206
LOOP DETECTOR
DETAIL
Z
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406
EXHIBIT F
CITY OF EASTVALE'S
SUGGESTED PUBLIC
NOTIFICATION &
DOOR HANGER
TEMPLATES
• Contractor’s Letter
• Contractor’s Letter for Re-Schedule of Slurry Seal
• 3-Day Door Hanger for ARAM Installation
• 3-Day Door Hanger for Slurry Seal
• Project Sign
407
CONTRACTOR’S LETTERHEAD/LOGO
PHONE NUMBER
NOTICE OF SLURRY SEAL CONSTRUCTION
2026 RESIDENTIAL SLURRY SEAL PROJECT, CIP NO. 94001
Dear Resident and/or Property/Business Owner:
The City of Eastvale’s Public Works Department has retained our company to make certain street improvements in your neighborhood as part of the 2026 Residential Slurry Seal Project, CIP No. 94001. The duration of the project is approximately THIRTY-ONE (31) working days. The construction is scheduled to start on July 20, 2026 and is expected to be completed by August 31, 2026, barring unforeseen circumstances or adverse weather conditions.
The scope of work includes the following:
Slurry and Cape Seal
o Selective removal/reconstruction/grinding of deteriorated pavement and placement of asphalt concrete pavement;
o Application of crack sealing material;
o Application of emulsion aggregate slurry (Rubberized Slurry Seal Type II) or application of emulsion aggregate slurry over the asphalt rubber aggregate membrane (ARAM); o Selective removal and repair of broken and damaged sidewalk; curb; curb and gutter; crossgutter, and alley apron;
o Construction of new curb ramps;
o Retrofitting existing curb ramps;
o 1.5” Cold Milling and 1.5” AC Overlay at Cul-de-Sac;
o Base repair – remove existing pavement and construct full depth AC; o Monument Preservation;
o Adjustment of existing manholes and water meters to finished grade; and, o Removal and replacement of existing traffic striping and pavement marking.
Our company is committed to working with you to help alleviate the impact of the construction on your daily activities. Every effort will be made to minimize any inconveniences to you. If you need to drive through the construction zone, please allow additional commuting time.
We are responsible for sequencing and scheduling the work. We will post a door hanger three (3) days (72 hours) prior to the start of construction. The door hanger will specify the exact date and time when the work will take place on your street. We will also post “NO PARKING” signs in the work zone at least forty-eight (48 hours) but not more than seventy-two (72 hours) in advance of working on your street.
408
Slurry seal is a wet liquid asphalt mixture. To ensure an acceptable slurry seal quality (1), it is important that no vehicles travel or pedestrians walk on the newly laid slurry seal until all the traffic control signage has been removed. Driving on it will damage the slurry seal and your car. On the day of slurry seal application, please refrain from using water that may run onto the street surface. If possible, please turn off the sprinklers during the construction activity on your street. If slurry seal application occurs on a trash collection day on your street, trash will be picked up as scheduled.
(1) For clarification, slurry sealing prolongs the service life and restores the appearance of the pavement and prevents further deterioration of the pavement to a point when the street will need resurfacing or reconstruction. Prior to the slurry application, cracks are sealed to minimize reflective cracking. On some streets, reflective cracking may occur due to thermal expansion and contraction. These hairline cracks do not affect the performance of thenewly laid slurry seal.
Unfortunately, construction is sometimes delayed in which case, the previous day’s work may not be finished and construction activities will resume the next working day or will be rescheduled. Thank you for your patience while we work to improve the City of Eastvale.
For questions or concerns, please contact:
CONTRACTOR’S COMPANY: NAME: OFFICE: (XXX) XXX-XXXX
CONTRACTOR’S PROJECT FOREMAN: NAME: CELLPHONE (XXX) XXX-XXXX CONTRACTOR’S PROJECT MANAGER: NAME: CELLPHONE (XXX) XXX-XXXX For more information such as project location map and schedule scan the QR code or visit:
https://www.eastvaleca.gov/government/public-works-department/active-projects/city-of-eastvale-slurry-sealproject-updates City of Eastvale, California
Public Works Department
Engineering Division
Project Hotline
(951) 703-4470
409
Contractor’s Logo/Letterhead
RESCHEDULE NOTICE OF SLURRY SEAL CONSTRUCTION
Date Issued:
Dear Resident:
We appreciate your cooperation with our construction operation thus far. We were unable to complete construction on your street due to:
Adverse Weather Equipment Failure City Request Other
We have to re-schedule the work on your street. We will notify you in advance with another 3-day (72 hours) door hanger of the revised date for slurry seal construction (3 days – 72 hours prior to the start of construction).
While the Slurry and Cape Seal operation is being performed, please remember:
• Access to your street will be restricted between 8:00 AM and 5:00 PM, when Slurry Seal is being applied and to allow for cure time.
• The areas being sealed cannot be driven on during this time and will be closed to traffic. • When access is restricted, detours will be set up to help you reach your destination. • Street parking is not allowed and signs will be posted accordingly at least 30 hours in advance of parking enforcement. Please adhere to the parking restrictions posted. • Parking will be available within a reasonable distance to your house. • If Slurry Seal application occurs on trash collection day on your street, trash will be picked-up asnormal. • Refrain from using irrigation, sprinklers or watering on the day of slurryseal. • Driving on wet slurry seal will damage your vehicle and the newly placed slurryseal.
Insert Contractor’s Name Here is committed to working with you to help alleviate the impact of the construction on your daily activities. Every effort will be made to minimize any inconvenience to you.
If you have any questions, or concerns please feel free to call:
Contractor Project Manager, Insert Project Manager Name Here at (XXX) XXX-XXXX or City of Eastvale’s Public Works Engineering Project Manager, Guadalupe Cortes at (951) 703-4447. 410
Construction Notice for
ARAM Installation
2026 Residential Slurry Seal
Project, CIP No. 94001
Part of the City’s annual maintenance effort is the 2026 Residential Slurry Seal Project. This Project Involves
Installation of Asphalt Rubber Aggregate Membrane
(ARAM) on existing pavement, and emulsion aggregate
slurry over the ARAM. This method restores the
appearance of the pavement and prevents further
deterioration of the pavement. While this operation is being performed, please remember:
o Access to your street will be restricted between 8:00 AM and 5:00 PM, while ARAM is being installed.
o Street parking is not allowed and signs will be posted accordingly at least 30 hours in advance of parking
enforcement. Please adhere to the parking
restrictions posted.
o Parking will be available within a reasonable distance to your house.
o When access is restricted, detours will be set up to
help you reach your destination.
o If ARAM Installation occurs on trash collection day on your street, trash will be picked-up as normal.
o Refrain from using irrigation, sprinklers or watering on the day of slurry seal.
o There might be some loose gravels during and few
days after ARAM Installation. Please drive safely.
o Installed ARAM is not the finish surface of your street.
It will receive a layer of slurry seal in near future and you will receive another notification for the scheduled slurry seal.
o Construction schedules may shift due to weather or
unforeseen conditions. Check the City website or
social media for real-time updates. Residents directly
affected will receive additional notices.
City of Eastvale
Public Works
Project Hotline
(951) 703-4470
2026 Residential Slurry Seal Project, CIP No.
94001
Date Issued:
This is to advise you that you will have LIMITED to NO
ACCESS to your street during ARAM Installation. For
more information on the project schedule, please scan
the QR Code or visit the City’s Project website at:
https://www.eastvaleca.gov/government/publicworks-department/active-projects/city-of-eastvaleslurry-seal-project-updates
PRIME CONTRACTOR
Contractor’s Name
Address
City, State, Zip Code
(XXX) XXX – XXXX
Eastvale’s Public Works Department is committed to
working with you to help you through the construction
period. Every effort will be made to minimize any
inconvenience to you. Your cooperation with construction crews and patience with any brief traffic or access delays will be appreciated.
If you have any questions or concerns please call
Guadalupe Cortes, Associate Engineer, of the Engineering Division at: (951) 703-4470. We appreciate your
cooperation and understanding while we work to improve
your City. 411
Construction
Notice for
SLURRY
SEAL
2026 Residential Slurry Seal
Project, CIP No. 94001
Part of the City’s annual maintenance effort is the 2026 Residential Slurry Seal Project. Street Slurry involves the application of crack sealing and emulsion aggregate slurry over the existing pavement. Slurry seal prolongs the service life and restores the appearance of the pavement and prevents further deterioration of the pavement.
The work will involve: Crack Sealing and Application of Slurry Seal.
While this operation is being performed, please remember:
o Access to your street will be restricted between 8:00 AM and 5:00 PM, when Slurry Seal is being applied and to
allow for cure time. The areas being sealed cannot be
driven or walked on during this time and will be closed to traffic.
o Street parking is not allowed and signs will be posted accordingly at least 30 hours in advance of parking
enforcement. Please adhere to the parking restrictions
posted.
o Parking will be available within a reasonable distance to your house.
o When access is restricted, detours will be set up to help you reach your destination.
o If Slurry Seal application occurs on trash collection day on your street, trash will be picked-up as normal.
o Refrain from using irrigation, sprinklers or watering on the day of slurry seal.
o Driving on wet slurry seal will damage your vehicle and the newly placed slurry seal.
We appreciate your cooperation and understanding while we work to improve your City.
City of
Eastvale’s
Public Works
Project Hotline
(951) 703-4470
2026 Residential Slurry Seal
Project, CIP No. 94001
Date Issued:
This is to advise you that you will have LIMITED to NO ACCESS to your street during Slurry Seal Installation. For more information on the project schedule, please scan the
QR Code or visit the City’s Project website at:
https://www.eastvaleca.gov/government/publicworks-department/active-projects/city-of-eastvaleslurry-seal-project-updates
PRIME CONTRACTOR
Contractor’s Name
Address
City, State, Zip Code
(XXX) XXX – XXXX
Eastvale’s Public Works Department is committed to working with you to help you through the construction period. Every effort will be made to minimize any inconvenience to you. Your cooperation with construction crews and patience with any brief traffic or access delays will be appreciated.
If you have any questions or concerns please call Guadalupe Cortes, Associate Engineer, of the Engineering Division at:
(951) 703-4470.
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EXHIBIT G
CITY OF EASTVALE’S
SUGGESTED TEMPORARY NO
PARKING AND NO DRIVING
TEMPLATE
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TEMPORARY
PUBLIC WORKS DEPARTMENT
VIOLATORS MAY BE TOWED AWAY AT OWNER’S EXPENSE
NO PARKING
OR DRIVING
DATES:
TIMES:
ACTIVITY:
CONTRACTOR:
CONTACT:
CVC 22651 (L)
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AGENDA STAFF REPORT
City Council Meeting
CONSENT CALENDAR
Agenda Item No. 11.7
June 24, 2026
Approval of a Professional Services Agreement with Lan Wan Enterprise Inc. for Information Technology Services
Prepared By:
Johnny Terfehr, Community Safety and Technology Director Recommended Action(s)
Staff recommends that the City Council:
1. Approve a professional services agreement with Lan Wan Enterprises for a not to exceed amount of $196,800 annually for a period of two years commencing on July 1, 2026, with the potential for three one year extensions; and
2. Authorize the City Manager to execute all necessary documents Summary
The Community Safety Department issued a request for proposals (RFP) for managed informa3on technology (IT) services on March 5, 2026. After thorough review, Staff recommends the City Council award to Lan Wan Enterprise Inc. based on the exper3se and experience of the vendor, the services outlined in the submitted proposal, and compliance with RFP requirements.
IT services provided by Lan Wan Enterprise Inc. will cost approximately $196,800 per fiscal year.
Background
On April 28, 2021, the City Council approved an agreement with Infinity Technologies to provide managed informa3on technology services. The agreement expired on June 1, 2026 and had a monthly cost of approximately $16,000.
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 | eastvaleca.gov
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To ensure the con3nued delivery of high-quality, reliable, and cost-effec3ve IT services, staff issued a Request-for-Proposals (RFP) No. 26-106CE on March 5, 2026. The RFP was released on the City’s online bid management and publica3on system, PlanetBids, to solicit proposals from qualified firms to provide comprehensive managed IT services, including help desk and onsite technical support, cybersecurity, network and systems administra3on, vendor coordina3on, strategic IT planning, and support for the City’s future Civic Center needs. Interested firms could submit proposals un3l April 7, 2026.
A total of 10 proposals were submiBed by the RFP deadline and, of those, 8 were determined to be responsive to the specifica3ons and met the City’s requirements. Following a thorough evalua3on based on the criteria outlined in the RFP, Lan Wan Enterprise Inc. was determined to be the most qualified firm to provide these services. Lan Wan Enterprise Inc. demonstrated a clear understanding of the scope of services requested by the City and provided a comprehensive approach for delivering managed informa3on technology services. The firm's proposal highlighted significant experience suppor3ng municipal agencies and public sector clients, as well as the staffing, technical resources, and opera3onal capabili3es necessary to meet the City's ongoing technology needs. In addi3on to providing day-to-day IT support, Lan Wan's proposal reflected a proac3ve and innova3ve approach to technology management. The firm's experience implemen3ng modern technology solu3ons, strengthening cybersecurity, and planning for future infrastructure needs will help support the City's con3nued growth and future projects, including the Civic Center and Public Works Yard. The proposed monthly cost for services is approximately $16,400.
The proposed agreement will commence on July 1, 2026, for an amount not to exceed the proposed $16,400 per month. Reimbursable costs, such as soIware, licensing, and other technology-related expenses, will not be subject to the not-to-exceed amount. These costs vary based on the City's opera3onal needs and may fluctuate throughout the term of the agreement. The agreement will be for two years with three optional one-year renewals.
Environmental
Not applicable.
Strategic Plan Action - Priority Level: N/A | Target #: F | Goal #: G Invest internally in software/technology improvements to enhance customer service.
Fiscal Impact
IT services will cost approximately $196,800 per fiscal year. Adequate funding for managed IT services are budgeted in General Fund account 100-240-6412 for fiscal year 2026-2027.
Prior City Council/Commission Action
On April 28, 2021, the City Council approved an agreement with Infinity Technologies to provide managed information technology services.
Attachment(s)
Attachment 1 - RFP 26-106EG Managed IT Services
Attachment 2 - Agreement with Lan Wan Enterprises, Inc.
Attachment 3 - Exhibit A to the Agreement - Lan Wan Enterprise, Inc. Services and Cost Proposal 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 | eastvaleca.gov
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REQUEST FOR PROPOSAL
NO. 26-106CE
MANAGED INFORMATION TECHNOLOGY (IT)
SERVICES
KEY RFP DATES:
The schedule below is tentative and subject to change at the discretion of the City, with appropriate notice to prospective proposers. All times are Pacific Standard Time.
RFP Release Date: Thursday, March 5, 2026
Pre-Proposal Meeting Date: Thursday, March 19, 2026, at 11:00 AM Deadline for Questions and Exceptions: Tuesday, March 27, 2026, by 5:00 PM Proposal Due Date: Tuesday, April 7, 2026, by 5:00 PM
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Table of Contents
I. PROPOSER RFP CHECKLIST................................................................................... 3 II. CITY BACKGROUND .............................................................................................. 4 III. PROJECT OVERVIEW ............................................................................................. 4 IV. SCOPE OF SERVICES ............................................................................................ 4 V. MANDATORY PRE-PROPOSAL CONFERENCE.......................................................... 4 VI. PROJECT TIMELINE................................................................................................ 5 VII. TERM OF AGREEMENT........................................................................................... 5 VIII. MINIMUM QUALIFICATIONS................................................................................... 5 IX. SUBMITTAL INSTRUCTIONS ................................................................................... 5 X. PROPOSAL CONTENTS AND FORMAT..................................................................... 6 XI. EX PARTE COMMUNICATION................................................................................12 XII. QUESTIONS AND REQUESTS FOR INFORMATION OR CLARIFICATION ....................12 XIII. EXCEPTIONS.......................................................................................................13 XIV. ADDENDA...........................................................................................................13 XV. SELECTION PROCEDURES AND CRITERIA ............................................................13 XVI. INSURANCE........................................................................................................16 XVII. UNDERSTANDING THE RFP..................................................................................19 XVIII. WITHDRAWALS...................................................................................................19 XIX. GENERAL TERMS AND CONDITIONS ....................................................................19
EXHIBITS
Exhibits provided herein are for Proposers’ reference only.
EXHIBIT I – SCOPE OF SERVICES
EXHIBIT II – SAMPLE SERVICES CONTRACT
ATTACHMENTS
A PROPOSER’S CERTIFICATION AND PROPOSAL PRICING
B NON-COLLUSION AFFIDAVIT
C NON-LOBBYING CERTIFICATION
D CERTIFICATION OF NON-DISCRIMINATION BY CONTRACTORS
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I. PROPOSER RFP CHECKLIST
Download the RFP Documents from the City’s website. Register if new to the City’s PlanetBids website.
https://www.eastvaleca.gov/home
Go to Bids & RFP’s
Carefully review the entire RFP document. Questions can be submitted for clarification in accordance with the instructions provided herein.
Attend the mandatory pre-proposal conference. These conferences provide firms with an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP.
Download, review, and acknowledge all addenda issued for the RFP. All addenda are released on the City’s online bidding system, PlanetBids.
Prepare your firm’s proposal in the format required in the RFP. Address all sections of this RFP requiring information and proposed services in a clear and concise manner.
Complete and include all required attachments, certifications, licenses, and other forms with proposal.
Upload your proposal on time on the City’s online bidding system. Allow sufficient time to submit proposal fully. No late proposal shall be accepted. No exceptions shall be made.
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EXHIBIT I – SCOPE OF SERVICES
II. CITY BACKGROUND
Eastvale is the most northwest city in Riverside County, in Southern California, and is surrounded by the Cities of Chino and Ontario in San Bernardino County on the west and north and the Riverside County Cities of Jurupa Valley, Norco and Corona on the east and south. The Santa Ana River and Cucamonga Creek waterways border the city as does Interstate 15 and Highway 60.
To learn more about the City of Eastvale, please visit: https://www.eastvaleca.gov/home III. PROJECT OVERVIEW
The City of Eastvale (City) is seeking proposals from qualified firms and organizations (Proposers) to provide managed IT services for all City departments and locations. The City is also in the process of constructing a new Civic Center facility that will include a City Hall, Sheriff Station, and a Library. The City seeks a strategic IT partner to support the planning, implementation, deployment, and ongoing management of all technology systems necessary to fully establish and maintain modern municipal IT operations.
Current Technology Environment:
• 39 Laptops, 26 Desktops, 56 VOIP phone sets, 16 iPads, 28 iPhones, 7 Android phones, associated monitors, hotspots, and mobile devices
• Desktop printers and scanners
• 2 servers on the premises (containing several VM’s)
• 1 SAN host server
• Microsoft O365 environment
Hereinafter, the terms “Vendor”, “Proposer”, “Firm”, “Contractor”, and “Contractor” shall refer to any legal entity or entities submitting a proposal in response to this Request for Proposals (RFP).
IV. SCOPE OF SERVICES
See Exhibit I – Scope of Services
V. MANDATORY PRE-PROPOSAL CONFERENCE
A mandatory pre-proposal conference will be held on the date and time specified on the cover page of this RFP.
Location of meeting: Eastvale City Hall
City Council Chambers
12363 Limonite Avenue, Suite 910
Eastvale, CA 91752
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Attendance will be taken and proposers interested in participating must sign-in upon arriving at the meeting location. Attendees will be required to sign a non-disclosure agreement. Failure to attend this meeting shall result in your firm being disqualified from proposing.
VI. PROJECT TIMELINE
All dates below are tentative and subject to change at the discretion of the City. Changes to any deadlines will be followed with a notice to prospective proposers via addenda.
Event, Milestone, or Deliverable Date or Date Due
RFP Issuance March 5, 2026
Mandatory Pre-Proposal Conference March 19, 2026
Final Date to Submit Inquiries March 27, 2026
Proposal Due Date April 7, 2026
Review of Proposals April 8-17, 2026
Selection of Respondent On or about week of April 20, 2026 VII. TERM OF AGREEMENT
The anticipated term of the awarded agreement is for an initial period of two (2) years, expiring on June 30, 2028. The City may, at its discretion, extend the agreement with the same or more limited scope of required services for three (3) additional one (1) year periods, upon mutual agreement contingent upon City Council approval, or City Manager or City Attorney authorization, as appropriate. The total term of the awarded agreement shall not exceed five (5) years.
VIII. MINIMUM QUALIFICATIONS
1) Proposer must have been in business continuously for the most recent five (5) years prior to the date of this RFP.
2) Minimum five (5) most recent years of experience performing similar services as those detailed in the scope of services of this RFP.
IX. SUBMITTAL INSTRUCTIONS
It is the responsibility of the Proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required sections and forms, shall be submitted electronically via the city’s online bidding system, PlanetBids. No other form of submittal will be accepted.
PlanetBids will not accept late proposals, and no exceptions shall be made. If submittal is completed by the deadline, Proposers will receive an e-bid confirmation number with a time RFP No. 26-106EG Managed IT Services Page 5 of 52
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stamp from PlanetBids indicating that their proposal was submitted successfully. The City will only receive and consider those proposals that were transmitted successfully.
Submit proposal online at: https://vendors.planetbids.com/portal/43976/bo/bo-search Proposer shall be solely responsible for informing itself with respect to the proper utilization of the online bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Proposer to successfully submit an electronic proposal shall be at the Proposer’s sole risk and no relief will be given for late and/or improperly submitted proposals. Proposers experiencing any technical difficulties with the bid submission process may contact PlanetBids at (818) 992- 1771. Questions of an operational nature may be directed to the City’s assigned RFP Administrator. Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission deadline.
Proposals shall NOT be submitted via telegraphic, electronic, or facsimile means.
All notifications, updates and addenda will be posted online on PlanetBids at https://vendors.planetbids.com/portal/43976/bo/bo-search. Proposers registered with PlanetBids and have downloaded the RFP documents from the online bidding system will receive email notifications upon the release of project updates and communications. Please ensure registration and contact information is updated in PlanetBids. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal.
X. PROPOSAL CONTENTS AND FORMAT
Proposers should structure their proposals as described below and in such a way to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP.
Colored displays, promotional materials, photographs, etc., are not necessary nor desired.
Emphasis should be concentrated on conformance to RFP instructions, responsive to the RFP requirements, and the completeness and clarity of content. Digital dividers and clear organization of content material are encouraged. Proposals shall include each of the sections listed below, and in the order presented. Failure to address all items will impact the evaluation and may classify the response as non-responsive, precluding it from further consideration.
Required Proposal Sections are as follows:
A Title Page F Project Staffing and Organization
B Letter of Transmittal G Project Work Plan and Schedule C Executive Summary H Cost Proposal
D Company Background and Experience I Client References E Project Understanding J Appendices
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Below, each section is detailed further. The required information must be included in Proposer’s submissions at minimum. Additional information relative to the Proposer’s experience, service or product offerings, proposed innovation, etc. may be included as supplemental information.
A. Title Page shall include, at minimum, the following:
• Name of Project – Title of this RFP
• Submitted by - Company’s Legal Name
• Date of Submittal
• Title Page must be addressed to the following City Project Manager:
Johnny Terfehr, Director of Community Safety and Technology City of Eastvale
12363 Limonite Avenue, Suite 910
Eastvale, CA 91752
B. Letter of Transmittal should:
• Indicate the intention of the firm to adhere to the provisions described in the RFP without modification or confirm if firm has submitted exceptions for the City’s consideration by the deadline (See Section XIII);
• Identify the submitting organization;
• Identify the person, by name and title, authorized to contractually obligate the organization;
• Identify the contact person responsible for this response, specifying name, title, mailing address, phone, fax, and email address;
• Acknowledge the proposal is considered firm for one hundred and eighty (180) days after the due date for receipt of proposals or receipt of the last best and final offer submitted;
• Provide the original signature of the person authorized to contractually obligate the organization.
C. Executive Summary
Provide an Executive Summary that presents in brief, concise terms a summary level description of the contents of the proposal response.
D. Company Background and Experience
This section of the proposal shall establish the ability of the firm to satisfactorily perform the required work by reasons of experience in performing work of a similar nature, demonstrated competence in the services to be performed, strength and stability of the firm, staffing capability, and record of meeting expectations on similar projects. The City, at its option, may require a firm to provide additional support and/or clarify requested information.
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The firm shall also provide:
1. A brief profile of the firm
a. A brief description of the organization structure, entity type (e.g., sole proprietorship, partnership, LLC, corporation), and primary products and services provided
b. Other major products or services offered
c. Company’s dedication and commitment to serve public sector clients
2. A general description of the company’s financial condition a. Provide information regarding any pending litigation, contract defaults, planned office closures, impending mergers, bankruptcies, or other conditions related to the financial health of the company
3. Company’s experience in performing work of a similar nature to that solicited in this RFP a. Highlight participation in such work by the key personnel proposed for assignment to this project, including work for similar municipal organizations E. Project Understanding
Proposal shall contain a description of how the firm intends to organize its approach to the project. The firm shall discuss how its proposed solution meets the City’s needs, as requested in this RFP. The firm shall relate how it perceives its role in carrying out the responsibilities required by this RFP.
Proposer must include their suggestions or special concerns the evaluation committee should take into consideration (if any). Additionally, Proposals shall describe deliverables, implementation plan, and proposed timeline.
F. Project Staffing and Organization
Proposer shall identify key personnel who will be assigned to the project, assuming an estimated July 1, 2026 start date. An organization chart for the project shall be provided.
The chart shall indicate how the firm intends to structure the project effort, and identify the Project Director/Engagement Manager, Project Manager, Technical Team Members, Trainers and all other key personnel. Key personnel information must include resumes describing relevant experience and commitment level for the duration of the project.
The specific staff identified in the original Proposal may not be changed prior to commencement of work or during the course of the project without the specific approval of the City and two weeks’ notice. Replacement candidates must have the same or higher level of similar experience as the original project team member they replace. Resumes of replacements shall be submitted with all applicable information. The City reserves the right to require the replacement of any key staff member at any time during the project.
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G. Implementation and Transition Plan
Proposers shall include with their proposal a detailed Implementation and Transition Plan describing the methodology, approach, timeline, and resources that will be used to assume responsibility for the City’s IT services and fully implement the Scope of Services.
The Implementation and Transition Plan must demonstrate the Proposer’s ability to ensure continuity of operations, minimize service disruption, and successfully transition from the incumbent provider. Failure to provide a complete Implementation and Transition Plan may result in the proposal being deemed non-responsive.
At a minimum, the Implementation and Transition Plan shall include:
Transition Timeline
o Detailed schedule outlining major milestones and estimated completion dates o Identification of critical transition activities
o Estimated timeframe to achieve full operational status Project Management & Staffing
o Identification of the Transition Project Manager
o Roles and responsibilities of key personnel
o Escalation and issue resolution procedures
Knowledge Transfer & Onboarding
o Process for reviewing and documenting existing infrastructure, systems, applications, and security configurations
o Coordination plan with incumbent provider (if applicable) o Asset inventory validation process
Risk Mitigation & Service Continuity
o Identification of potential transition risks
o Mitigation strategies
o Plan to ensure uninterrupted support services during transition Communication Plan
o Reporting structure and frequency
o Stakeholder communication approach
o End-user communication strategy during transition
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H. Cost Proposal
All Proposers are required to submit a fixed rate fee with their Cost Proposal, including the following :
1) Base fixed monthly fee for all IT services included in this contract 2) Hourly rate sheets (if applicable) by contractor staff titles for services not included in the base fixed monthly fee. Proposer shall not include rate ranges or averages. If providing hourly rate sheets, Proposer shall not include rate ranges or averages. 3) Optional: Pricing for Managed Detection and Response, including any setup fees, monthly or annual costs if services are included in proposal – See Exhibit I, No. 7.
Cost Proposal shall clearly define included services and additional services proposed or available from Proposer and not included in the base fixed monthly fee. Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated. Cost Proposal must include a payment schedule if applicable. City reserves the right to negotiate compensation and/or payment schedule prior to award of any resulting agreement.
The City shall not provide reimbursement for travel-related expenses, mileage, parking, lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any other business expenses, supplies and materials related to providing services as specified herein. Additional costs will not be considered and will not be reimbursed by the City, therefore, such costs must be absorbed in Proposer’s cost proposal fee structure. Any language related to travel reimbursement shall be stricken from the document by the City and if not stricken, shall be deemed invalid.
Proposals shall be valid for a minimum of one hundred eighty (180) days following Proposal deadline. The cost for developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become property of the City.
Pricing shall remain firm for the entire initial Agreement term. Thereafter, any proposed pricing adjustment for follow-on renewal periods shall be submitted to the City Representative in writing at least ninety (90) days prior to the new Agreement term. The City reserves the right to accept, reject, or negotiate any proposed pricing adjustment 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; RFP No. 26-106EG Managed IT Services Page 10 of 52
See Sec. 3 of Addendum #3 - Cost
Proposal instructions were updated.
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annualized change comparing the most recent month’s reported data to the same month of the prior year. (This information may be found on the U.S. Department of Labor’s website at www.bls.gov.)
I. Client References
Proposer shall provide five (5) references from other similar public agencies, at least two (2) of which are preferred to be from California for which services similar to those specified in this RFP have been performed. Proposer grants permission for the City to contact any individuals listed as references.
A. For each reference, Proposer must include the following information:
• Customer Name/Agency
• Name of Project Manager
• Agency address
• Contact/Project Manager phone number
• Contract Amount
• Contract Term Dates (Effective Date - Expiration Date) • Description of services or work performed for customer/agency • Identify key personnel assigned to the project.
A. City may disqualify a Proposer if:
• References fail to substantiate Proposer’s description of services and deliverables provided; or
• References fail to support that Proposer has a continuing pattern of providing capable, productive, and skilled personnel, or
• City is unable to reach the point of contact with reasonable effort. It is the Proposer’s responsibility to inform the point of contact(s) of normal City working hours.
J. Appendices
Proposers shall carefully examine the RFP for required documentation not specifically covered in each of the subsections of this section of the RFP and shall place such documentation in an appendix. Information considered by the firm to be pertinent to this project, but not specifically requested in this RFP, may also be placed in an appendix. The firm is reminded that this is not an invitation to submit voluminous amounts of extraneous material. Examples of documents that can be included in this section include:
1. Productivity/Activity Dashboard Samples
2. Examples of similar projects completed for similar government agencies
3. Pertinent certifications and expertise relating to IT, cybersecurity, artificial intelligence, Accela, Microsoft, ERP’s, web design, data governance, and business intelligence.
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See Addendum 3, Question #14 for clarification.
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K. Certifications (Attachments)
In addition to the above-mentioned proposal contents, the following forms, included in this RFP, shall be signed and included as part of the proposal submittal package:
• Attachment A: California All-Purpose Acknowledgement
• Attachment B: Proposer’s Certification and Proposal Pricing • Attachment C: Non-Collusion Affidavit
• Attachment D: Non-Lobbying Certification
The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed non-responsive and will be rejected. The City reserves the right to reject any or all proposals submitted, and no representation is made hereby that any commitment will be awarded pursuant to this RFP or otherwise.
PLEASE NOTE:
• All forms above must be signed by a representative of the Firm that is legally authorized to contractually bind the Proposer.
• City will not waive notarization requirement when applicable on any of the required attachments.
XI. EX PARTE COMMUNICATION
Unless otherwise authorized herein, Proposers who are considering submitting a proposal in response to this RFP, or who submit a proposal in response to this RFP, are only to communicate with the assigned RFP Administrator, and no other City staff about this RFP from the date this RFP is issued until a contract is awarded. The City will provide all official communication concerning this RFP in writing via the City’s Bid Management System, PlanetBids.
The City will not be responsible for or bound by any oral communication or any other information or contact that occurs outside the official communication process specified herein, unless confirmed in writing by the designated Project Manager(s).
XII. QUESTIONS AND REQUESTS FOR INFORMATION OR CLARIFICATION Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions will be posted on PlanetBids no later than the date and time shown at the schedule of key RFP dates on the cover page of this RFP. All prospective Proposers are advised to visit PlanetBids on a regular basis as responses may be posted earlier than the date above (if applicable). No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP.
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Significant interpretations or clarifications and responses to questions received by the deadline will be addressed via addenda to this RFP, which will be released and posted on PlanetBids under the “Addenda/Emails” tab.
General process questions may be directed to the following RFP Administrator:
Karla Lopez
Purchasing Manager
[email protected]
XIII. EXCEPTIONS
Requests submitted for City’s consideration of proposed terms and conditions, including modifications to the City’s RFP and/or Contract terms and conditions must be submitted by the deadline for questions. Such requests should include an attachment in Word or PDF format on formal company letterhead that shows the requested modifications. Should the Proposer be considered for award recommendation and progress into the negotiations phase, the requests for exceptions or modifications to the City’s terms and conditions will be discussed at that time.
The City will not accept any requests after the deadline for questions and reserves the right to reject or strike any requests for exceptions or additional terms and conditions related to Agreement, RFP, and insurance and indemnification terms and conditions.
XIV. ADDENDA
Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City’s PlanetBids system, https://vendors.planetbids.com/portal/43976/bo/bo-search. Proposers shall be responsible for maintaining current contact information for their company and monitoring the site to obtain information regarding this solicitation.
XV. SELECTION PROCEDURES AND CRITERIA
A. The City will evaluate all proposals deemed responsive to this request by an evaluation panel selected by the City.
1. Short-List Selection
The City may select two or more proposers from the RFP responses to continue with further evaluation. In the case the City short-lists Proposers, they will be contacted in writing regarding their status as short-listed Proposers. The short-list will be selected by evaluating the Proposer’s response by scoring the criteria outlined within this RFP.
Additional discovery may be performed to assist in selecting the short list Proposers.
The City may request an interview from the short-listed firms to further assist in the selection process. Should the City choose to require an interview process; the RFP No. 26-106EG Managed IT Services Page 13 of 52
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proposer will be required to make a short presentation, followed by a questionand-answer period.
2. Interviews and Oral Presentations: At the option of the City, the evaluation team may request interviews and/or oral presentations by any number of the finalists for the purpose of clarification or amplification of the materials presented in any part of the proposals. The evaluation team may also request best and final offers (BAFO) from one or more prospective firms. However, prospective firms are cautioned that the evaluation team are not required to invite oral presentations, request clarification, or conduct negotiations and may award a contract based on the original proposal.
Therefore, all initial proposals shall be complete and reflect the firm’s most favorable terms.
Should the City decide to request oral presentations, it may choose to invite any number of the firms that submitted top-scoring proposals. No proposer will be given an opportunity to make an oral presentation if any prospective firm receiving a higher score is not invited to make an oral presentation. Proposers must only include proposed key staff for this project and decision makers at most as interviews and oral presentations are the City approaches interviews as an opportunity to explore what it would be like for the City to work with the Proposer’s team in a collaborative setting and to clarify any outstanding questions from their proposal.
When the City elects to receive oral presentations, the firm with the highest Grand Total Score shall be awarded the contract.
3. Requests for Clarification/ BAFO
The City may extend an opportunity to one or more Proposers to provide clarifications regarding their proposal through a formal Request for Clarifications to provide solution confirmations or to provide a BAFO issued by the City’s Purchasing staff to resolve any of the City’s questions for the evaluation of proposals. The BAFO will form the basis for contract negotiation should further negotiation be required by the City.
4. Final Selection
The finalist will be selected by compiling the qualifications, references, and price evaluation criteria and selecting the highest-ranked Proposer the City feels would make the best services partner. The City may, at its discretion, select two finalists if it believes that two Proposers are so close as to consider the evaluation a draw. In this case, the two Proposers will be taken through negotiation. The best-negotiated solution will become the finalist and will be contracted to provide the proposed solution. If agreement cannot be reached with the top ranked proposer, the City will dismiss the proposer and begin negotiation with the second ranked proposer.
5. Contract Negotiation
At the conclusion of solution confirmation and BAFO, the City will enter contract negotiations with the finalist. The final negotiated contract, along with the BAFO, will be submitted to the City of Eastvale’s City Council for approval.
B. Evaluation and Scoring Criteria
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Please note if any clarifications are needed regarding
proposed services or cost. I will issue a formal Request for Clarifications once all of your initial reviews are completed. 430
Proposals: Proposals will be scored according to the criteria in the chart below. (Update proposal scoring criteria based on RFP requirements)
CRITERIA WEIGHT
Understanding of Scope of Works & Quality of Proposal 10 Understanding of City needs is addressed
Proposal meets requirements listed in RFP
PAST PERFORMANCE (Experience and References) 30
Demonstrated skills and credentials
Experience with similar projects
Feedback from references
PROJECT PLAN (Approach to Scope of Work Implementation) 25 Timelines and proposed schedule
Proposed staffing, deployment of personnel, organization Management of performance
Approach for accomplishing tasks in scope of work
Ability to meet current and projected service requirements over term of agreement
PROPOSED FEE/COST 35
TOTAL 100
INTERVIEWS/ORAL PRESENTATIONS
Maximum number of additive points for proposers invited to interview or Provide oral presentations. Total possible score may exceed 100 points. 100
C. Debriefing
Any Firm that submitted a proposal and feels that their proposal was not given adequate consideration or not given a fair evaluation may request a debriefing from the City’s proposal evaluation team. The request for debriefing shall be submitted in writing to the Purchasing Manager within ten (10) business days (Monday – Friday) after it was notified of the City’s intention to award the contract. However, debrief meetings will only be scheduled with requesting firms after the contract has been awarded and fully executed with the selected firm.
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XVI. INSURANCE
Prior to commencing work on the Contract, Contractor agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Attachment I, Exhibit “C” “Insurance”. 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.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability
A. Vendor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office (ISO) form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, and $2,000,000 products and completed operations. The policy shall include a per project or per location general aggregate endorsement. If a per project/location endorsement is not available, the limit for the general aggregate shall be doubled.
B. The policy shall allow and be endorsed as primary and not seek contribution from the City’s coverage.
C. The policy(s) shall provide and be endorsed to include, the City, its officers, officials, employees, agents, and volunteers as additional insureds on ISO form CG 20 10 (or equivalent) for ongoing operations, and, for construction or service agreements, ISO form CG 20 37 (or equivalent) for completed operations.
D. Any failure to comply with reporting provisions of the policies by Vendor shall not affect coverage provided to the City.
E. Coverage shall state that Vendor’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.
F. Coverage shall provide and be endorsed to include a waiver of subrogation in favor of the City and its officers, officials, employees, agents, and volunteers.
2. Business Automobile Liability
A. Vendor shall provide automobile liability coverage for owned, non-owned, and hired autos using ISO Business Automobile Coverage form CA 00 01 (or equivalent) with a limit of not less than $2,000,000 each accident. If the Vendor’s business/company does not own any automobiles, coverage for hired and non-owned autos shall be provided.
B. The policy shall provide and be endorsed that the City, its officers, officials, employees, agents, and volunteers are included or named as additional insureds.
C. The policy shall provide and be endorsed to include a waiver of subrogation in favor of the City, its officers, officials, employees, agents, and volunteers.
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3. Umbrella or Excess Liability
A. The limits of liability for commercial general liability and automobile liability may be provided through a combination of primary and umbrella or excess liability policies provided each policy complies with the requirements set forth in this agreement.
Excess policies shall be follow-form to the underlying policies. Umbrella or excess policies shall include City and its officers, officials, employees, agents, and volunteers as additional insured.
4. Workers’ Compensation and Employers’ Liability - Statutory A. Vendor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for all persons employed directly or indirectly by Vendor. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 each accident, $1,000,000 by disease-policy limit, and $1,000,000 by disease-each employee. No proprietor, partner, executive officer, or member shall be excluded. In the alternative, Vendor may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a selfinsurance program meets the standards of the California Labor Code shall be solely in the discretion of City.
B. The insurer, if insurance is provided, or Vendor, if a program of self-insurance is provided, shall allow, and be endorsed to waive all rights of subrogation against City and its officers, officials, employees, agents, and volunteers.
C. The requirement to maintain Statutory Worker’s Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Vendor does not have any employees.
5. Professional Liability
A. Vendor shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing professional services in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of the start of work, and Vendor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the work.
6. Cyber Liability
A. Vendor shall provide Cyber Liability Insurance with limits not less than$2,000,000 per claim.
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claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information or personally identifiable information (PII), alteration of electronic information, extortion, and network security.
C. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties, and credit monitoring expenses with limits sufficient to respond to these obligations.
7. All Coverages
A. Any available insurance proceeds broader than, or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the additional insureds. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum insurance requirements are sufficient to cover the obligations of the Vendor.
B. Each required insurance policy shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days' prior written notice, has been given to the City, except that ten (10) days’ prior written notice shall apply in the event of cancellation for nonpayment of premium. If a carrier will not provide the required notice of cancellation, the Vendor shall provide written notice to the City of a cancellation no later than five (5) business days before cancellation.
C. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the City.
D. Evidence of Insurance - Prior to commencement of work, the Vendor shall furnish the City with certificate(s) of insurance evidencing compliance with the insurance requirements above. All required endorsements shall be attached to the certificate(s), including additional insured, waiver of subrogation, primary coverage, and notice of cancellation endorsements. The Vendor shall provide complete or certified copies of all required insurance policies if requested by the City.
E. Acceptability of Insurers - Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A VII or higher.
F. Hired Parties - Vendors who will use subcontractors or other parties to provide materials, services, or perform construction or other work for the Vendor must enter into a written and executed contract agreement with each of its subcontractors, vendors, agents, subcontractors and/or any other parties, collectively, “hired parties”. The contract agreement must contain a defense, indemnification and hold harmless provision in favor of the City and its officers, officials, employees, agents, and volunteers. The contract agreement shall also cause the hired parties to comply with the insurance requirements required of the Vendor, including providing an additional insured endorsement for ongoing and completed operations. Vendor shall obtain certificates of insurance and additional insured endorsements from each of its hired parties and provide a copy to City upon request.
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XVII. UNDERSTANDING THE RFP
It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision, or requirement of this RFP that the Proposer does not understand. Responses to inquiries, if they significantly change or clarify the RFP requirements or any aspect of the procurement process, will be forwarded by addenda to all Proposers. The City will not be bound by any oral responses to inquiries. By submitting proposals, Proposers assert that they have fully read the RFP and any addenda issued by the City, the proposed Contract and any other Contract Documents, and affirm that the terms and conditions stated therein are fully understood and are acceptable to the Proposer. Each Proposer accepts the terms and conditions of the Contract Documents and indicates their ability and willingness to perform the requested services under such terms and conditions. Any exceptions to the terms and conditions set forth in the Contract Document shall be submitted to the City by the deadline to submit requests for information or clarification/questions set forth herein.
XVIII. WITHDRAWALS
Proposers are responsible for verifying all prices and information before submitting a proposal.
Prior to the proposal due date, the Proposer or Proposer’s representative may withdraw the proposal by providing written notice of the proposal withdrawal to the City’s Purchasing Manager. Verbal or telephonic withdrawals are not permissible.
XIX. GENERAL TERMS AND CONDITIONS
A. AMERICANS WITH DISABILITIES ACT
The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans with Disabilities Act of 1990 (“ADA”), 42 USC §§ 12101 et seq., and its implementing regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any contract entered into by the awarded Contractor (or any subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph.
B. BUSINESS REGISTRATION
The City requires any individual, corporation, supplier, contractor, subcontractor, and sole proprietor who wishes to conduct any business within the City of Eastvale to secure a City of Eastvale business registration upon award of the resulting contract. Procedure to register their business with the City of Eastvale is available by contacting the City at (951) 961-0900 or on the City’s website: https://www.eastvaleca.gov/business/business-registration.
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C. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal.
D. CONFLICT OF INTEREST
Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the City. This obligation shall apply to the Contractor; the Contractor’s employees, agents, and Subcontractors associated with accomplishing work and services hereunder. The Contractor’s efforts shall include, but not be limited to, establishing precautions to prevent its employees, agents, and Subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of the City.
Each Proposer must disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFP. Any such relationship that might be perceived or represented as a conflict should be disclosed. The City reserves the right to disqualify any Proposer on the grounds of actual or apparent conflict of interest.
No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded a Contract for the provision of services, the delivery of supplies, or the provision of any other related action which is required, suggested, or otherwise deemed appropriate as an end product of this Contract. Therefore, Contractor is precluded from contracting for any work recommended as a result of this Contract.
E. CONTRACTOR’S EXPENSE
Pre-Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to entering into a formal contract. Costs of developing a response to this RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City. Precontractual expenses are not to be included in the cost proposal. Pre-contractual expenses include, but are not limited to, preparation of the proposal, submission of the proposal and additional information, attendance at pre-proposal conference, negotiating any matter related to this RFP with City, and/or any other expenses incurred by the Proposer prior to the date of award and execution, if any, of the contract.
Other Expenses: The Contractor will be responsible for all costs related to photocopying, telephone communications, fax communications, and parking while on City sites during the performance of work and services under this Contract.
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F. CONTRACTOR’S PROJECT MANAGER/KEY PERSONNEL
Except as formally approved by the City, the key personnel identified in Contractor’s proposal shall be the individuals who will actually complete the work. Changes in staffing must be reported in writing and approved by the City. The City shall have the right to require the removal and replacement of the Contractor’s Project Manager and key personnel under the awarded contract. The City shall notify the Contractor in writing of such action. The City is not required to provide any reason, rationale, or additional factual information if it elects to request any specific key personnel be removed from performing services under the awarded contract. The City shall review and approve the appointment of the replacement for the Contractor’s personnel. Said approval shall not be unreasonably withheld.
Standards of Conduct: Contractor’s personnel shall be courteous and maintain good working relationships with all stakeholders, state or outside agencies, other team members and staff within the City.
G. COST PROPOSAL
The awarded Contractor agrees to provide the purchased services at the costs, rates, and fees as set forth in their Cost Proposal and/or fee schedule in response to this RFP. No other costs, rates or fees shall be payable to the awarded Subcontractor for implementation of their proposal.
H. DATA RETENTION
Contractor shall be responsible for retaining data, records, and documentation for the preparation of required items. These materials shall be made available to and as requested by City.
All materials, documents, data or information obtained from the City Data files or any City medium furnished to Contractor in the performance of an awarded contract will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination of this Contract without the express written consent of the City. All materials, documents, data or information, including copies, must be returned to the City at the end of the contract.
All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act.
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I. DRUG-FREE WORKPLACE
The awarded Contractor certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. Failure to comply with these requirements may result in suspension of payments under the Contract or termination of the contract or both, and the Contractor may be ineligible for award of any future City contracts.
J. EXAMINATION
Proposer represents that it has thoroughly examined and become familiar with the services and responsibilities required by this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City’s objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in relation to this RFP are fully incorporated. Any irregularities or lack of clarity in the RFP should be brought to the designated City Contact or Project Manager’s attention as soon as possible so that corrective addenda may be furnished to prospective Proposers. Proposals which appear unrealistic in the terms of technical commitments, lack of technical competence, or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected.
K. EXECUTION OF AGREEMENT
Upon successful negotiations, the City and the selected Proposer will enter into an Agreement similar to that as shown in EXHIBIT II – Sample Agreement of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to disqualify them without any further obligation L. FISCAL NONFUNDING CLAUSE
In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City.
M. INDEPENDENT CONTRACTOR
Contractor is considered an independent Contractor and neither Contractor, its employees, nor anyone working under Contractor will be considered an agent or an employee of City. Neither Contractor, its employees, nor anyone working under Contractor, will qualify for workers’ compensation or other fringe benefits of any kind through City.
N. JOINT OFFERS/SUBCONTRACTORS
Where two or more Proposers desire to submit a single proposal in response to this RFP, they should do so on a prime sub-contractor basis. The City intends to contract with a single firm, also known as the prime, and not with multiple firms doing business as a joint venture. Should RFP No. 26-106EG Managed IT Services Page 22 of 52
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the use of sub-contractors be offered, the Proposer shall provide the same assurances of competence for the sub-contractor plus the demonstrated ability to manage and supervise the subcontracted work. Sub-contractors shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all subcontractors in the same manner as the Proposer. The proposer is responsible for all the actions taken by their subcontractor or subcontractor.
The City reserves the right to reject, replace and approve any and all subcontractors or subcontractors. All subcontractors or subcontractors shall be identified in the response to the RFP and the City reserves the right to reject any proposed subcontractors or subcontractors.
Subcontractors or subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability of such subcontractors or subcontractors.
O. LITIGATION STATUS
Each Proposer must include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. The City reserves the right to reject any proposal based upon the Proposer’s prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures.
P. NEGOTIATIONS
The City reserves the right to negotiate final contract terms with any Proposer selected. The contract between the parties will consist of the RFP together with any modifications thereto, and the awarded Contractor’s proposal, together with any modifications and clarifications thereto that are submitted at the request of the City during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFP, any modifications and clarifications to the awarded Contractor’s proposal, and the awarded Contractor’s proposal. Specific exceptions to this general rule may be noted in the final executed contract.
Negotiations shall be confidential and not subject to disclosure to competing Contractors unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, the City reserves the right to negotiate a contract with another Contractor or withdraw the RFP.
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Q. NON-PAYMENTS
Note that payments will NOT be made for any unsatisfactory work until corrected. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to cure the alleged breach.
R. OWNERSHIP OF DOCUMENTS
The City has permanent ownership of all directly connected and derivative materials produced under this contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the City and may be used by the City as it may require without additional cost to the City. Contractor shall provide the City copies of documents upon its request at any time. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City.
S. PROFESSIONAL STANDARDS
Contractor staff shall be courteous to the public and City staff utilizing facilities where Contractor is performing work, but shall be responsive only to the requests of the City’s Project Manager or designee. Contractor staff shall direct all inquiries to Project Manager or designee.
Contractor acknowledges that City locations consist of public-use facilities and recognizes the obligation to ensure Contractor personnel and agents maintain the highest level of professional standards in attire, decorum, and interaction with the public and City personnel.
T. PROJECT MANAGER
The selected Proposer will assume responsibility for all services in its proposal. The selected Proposer shall identify a sole point of contact, Project Manager, with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement.
U. PROPOSAL VALIDITY
Services, pricing, and warranties indicated in a Proposer’s Proposal must be valid for a period of 180 days at minimum after the submission of the Proposal.
V. PUBLIC AGENCIES
Other public agencies, as defined by California Government Code Section 6500, may choose to use the terms of this Contract, subject to Contractor’s acceptance. The City is not liable or responsible for any obligations related to a subsequent contract between Contractor and another public agency.
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W. PUBLIC RECORDS
Proposals will become public record after the award of a contract unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the information. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act.
X. SUBCONTRACTORS/SUBCONSULTANTS
Proposals in response to this RFP must identify any subcontractors or subconsultants, and outline the contractual relationship between the awarded subcontractors or subconsultants and each subcontractors or subconsultants. An official of each proposed subcontractors or subconsultants must sign, and include as part of the proposal submitted by the Prime Contractor or Consultant, a statement to the effect that the subcontractors or subconsultants has read and will agree to abide by the awarded Contractor’s obligations. Any subcontractors or subconsultants proposed after award of contract must be approved by the City before commencement of work.
The City will look solely to the awarded Contractor for the performance of all contractual obligations which may result from an award based on this RFP, and the awarded Contractor shall not be relieved for the non-performance of any or all subcontractors or subconsultants.
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EXHIBIT I – SCOPE OF SERVICES
Contractor shall provide, at a minimum, the following services:
Managed Services Responsibility
The Contractor shall function as the City’s primary Managed IT Services Provider and shall be fully responsible for the availability, security, performance, and continuous improvement of the City’s IT environment. Services are outcome-based and not limited to task execution. Contractor shall proactively identify issues, risks, and improvement opportunities without direction from City staff. 1) Comprehensive Assessment and IT Review
• Conduct a Comprehensive Assessment and IT Review within the first 30 days and draft an IT Road Map within the first 60 days of contract execution which includes but is not limited to assessment of the current state of the City’s technological environment, existing infrastructure, current software licenses and subscriptions, current architecture, staffing levels, knowledge, and educational challenges.
• Assess organizational IT needs by meeting with representatives from each department and the operational areas that IT supports.
• Perform risk assessment and gap analysis on the effectiveness of current IT organizational structure, technical infrastructure, and support to meet the needs of current and future City initiatives.
• Review IT policy and procedures (informal and formal) and their adherence to industry standards), and make recommendations to the City for appropriate updates. • Contractor shall proactively recommend service improvements, technology modernization opportunities, and cost-optimization strategies throughout the term of the agreement. At least annually, contractor shall present a roadmap update outlining recommended improvements, risks, and priorities.
2) Strategic Planning and Oversight of personnel and vendors • Evaluate existing IT Projects, timelines, and project budgets and provide ongoing recommendations to the City as needed for decision making. • Assist in annual IT budget preparation by identifying necessary hardware/software investments, licensing needs, IT/software enhancements, and upgrade projects within budget timelines established by Finance Department.
• Create a road map for long-range information systems planning and forecasting based on analysis and audit. Evaluate and identify means and approaches to accommodate current and emerging technology requirements, major trends, and upgrades facing the City.
• Identify practical and relevant public sector best practices, and industry standards for IT Contingency Plans for Incident Response, Disaster Recovery, Cyber Security, Business Continuity, and Risk Management.
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Proposals should address all sections of this
exhibit too. See section 2 of Addendum 3 for
updates to Section 10 of this Scope of Services.
Q&A may also provide some clarifications.
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EXHIBIT I – SCOPE OF SERVICES
• Evaluation of Cloud-based technologies, support for mobile computing options, user experience and usability strategies, storage and backup strategies, and skill levels related to the technologies needed now and likely to be needed in near future. 3) Help Desk & End User Support
• Provide full administration and end-user support, including troubleshooting, configuration, escalation management, and resolution for common City software and business applications. Own end to end resolution of usage issues or errors in office productivity software (e.g. MS Office 365) and all City-specific programs (e.g. finance, permitting, code enforcement, GIS, document management systems, etc.) including escalation to appropriate vendor help desk and follow through with resolution. • Furnish a responsive IT help desk reachable 24 hours a day, 7 days a week, including holidays. Offer unlimited remote technical support for City staff via phone, email, or remote login tools at all times. After-hours emergency calls are addressed by on-call technicians, with guaranteed rapid response for critical issues (e.g. network outages). • Utilize a help desk ticket system to log all support requests (by phone, email, or in person) and track them through resolution. Document each issue, the resolution steps, and time taken. Provide City staff with updates on ticket status and maintain a history of incidents to identify recurring problems or training needs. Provide read only access to ticketing system to key city staff.
• Handle user account lifecycle tasks. Create new user accounts (for network/domain, email, applications) when new employees are onboarded. Manage user access permissions (e.g. file shares, system rights) and set up multi-factor authentication for remote access as required. User accounts for separated employees shall be disabled within 24 hours of notification, and immediately (same business day) for involuntary separations or security related terminations, as directed by the City. • Serve as primary administrator for City-issued smartphones, tablets, and mobile devices.
This includes configuring email and applications on mobile devices, troubleshooting connectivity or sync issues, and ensuring mobile device management policies (e.g. remote wipe, MFA) are applied.
• Conduct basic IT orientation and training for City staff as needed. This may include instructing users on City systems, security practices, new software features, or selfservice tips. Perform proactive “department outreach” visits to understand user needs and educate staff on technology best practices. Security awareness training is covered separately under Cybersecurity.
• Enable and support City staff to work securely from remote locations as needed. Maintain remote access infrastructure to allow telecommuting. Support virtual meeting platforms and remote collaboration tools including setting up and troubleshooting Zoom, Teams, or other video conferencing as needed.
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EXHIBIT I – SCOPE OF SERVICES
• Contractor shall provide a full-time, on-site support technician during City Hall business hours. Contractor shall ensure qualified backup coverage during absences, vacations, or illness, with no reduction in service levels. On-site technician shall be able to travel between city facilities as needed utilizing transportation provided by Contractor. • As needed on-site technology installation
• Install, configure, and troubleshoot City-owned PCs, laptops, and tablets for staff.
Resolve hardware and software issues on user workstations. Perform new PC deployments, including installing standard City applications and network services on each device.
• Serve as the primary administrator for all user peripherals such as printers, scanners, multi-function copiers, monitors, and other connected devices. Install and configure printers for network or local use and resolve printing issues. Ensure users can reliably use scanning/imaging systems and coordinate with vendors for hardware repairs if a device fails.
• Manage and support technology used for all public meetings, including but not limited to City Council, Planning Commission, and Public Safety Commission. Set up and test audio-visual equipment in Council chambers (projectors, recording systems, streaming encoders, microphones, cameras) prior to meetings. Provide on-site support during public meetings including live operation of virtual meeting systems (i.e. Zoom), cameras, microphones, etc.
4) Hardware Inventory and Warranty Management
• Maintain an up-to-date inventory of all City IT assets (computers, devices, servers, software licenses).
• Track equipment serial numbers, warranty expirations, and software license renewals. • Provide inventory reports on a quarterly basis and as requested by the City, and advise when assets are due for replacement or support contract renewal. Contractor shall provide annual hardware lifecycle and replacement recommendations aligned with the City’s budget development cycle, with interim updates provided as needed for unplanned failures or emerging risks.
• Plan and carry out phased upgrades or replacements of aging IT infrastructure. Complete end-of-life hardware and software refresh projects, configuring new systems according to best practices. Minimize disruption by scheduling and executing major upgrades (servers, network gear, PCs, etc.) in a controlled manner.
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EXHIBIT I – SCOPE OF SERVICES
5) Network, Telecommunications, Data, and Infrastructure Management • Maintain detailed documentation of the City’s IT infrastructure. This includes network diagrams showing device locations and connections, configuration records (IP addresses, VLANs, firewall rules, etc.), server inventories with roles and configurations, and admin credentials stored securely. Update documents promptly when changes are made. All such documentation is made available to City personnel upon request. • Provide day-to-day administration of the City’s networks (LAN/WAN). Monitor network performance and proactively address issues to ensure reliable connectivity for all City locations. Manage network equipment (firewalls, routers, switches, wireless access points) – including applying firmware updates, managing configurations, and optimizing for security and performance. Regularly review the network to confirm it is operating at peak efficiency and capacity.
• Provide day-to-day server and IT infrastructure systems support, which includes, but is not limited to maintenance, repairs and minor updates and security and Enterprise system implementation and support.
• Manage the City’s data storage systems and perform regular data backups. This includes maintaining file servers, NAS/SAN devices, and cloud storage allocations so that staff have reliable access to shared files. Monitor storage capacity and performance, and plan for expansions or archiving as needed. Perform daily backups of all critical systems and databases (on-site and to off-site or cloud locations). Verify backup jobs succeed and conduct periodic test restorations to ensure data can be recovered. Maintain backup logs and remediate any failed backups immediately.
• Oversee the City’s internet connections (ISP services) and act as liaison to the ISP for any outages or bandwidth issues. Ensure the City’s voice/data network is integrated with the IT network and coordinate with telecom vendors for support. • Develop and maintain the City’s IT disaster recovery mechanisms. Provide off-site file backup and disaster recovery solutions so that critical data and services can be restored after a major incident. Implement failover procedures for key systems. Draft and periodically update a Disaster Recovery Plan detailing steps to rebuild or failover City IT systems in various disaster scenarios. Conduct an annual disaster recovery test or simulated failover to validate the City’s preparedness. • Manage the City’s wireless networks and remote access systems. Configure and monitor secure Wi-Fi networks at City facilities, ensuring adequate coverage and performance for staff and public (if offered). Ensure that remote connectivity is stable and uses strong encryption/MFA as per security policies.
• Read-only visibility into current state and key historical performance metrics (dashboards) for key client personnel.
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EXHIBIT I – SCOPE OF SERVICES
• Support the City’s use of cloud-based solutions. This may include administration of Microsoft 365 tenant services (Exchange Online, SharePoint/OneDrive, Teams) – managing licenses, user accounts, and security settings. • Administer the City’s email and collaboration systems. This may involve, but is not limited to creating mailboxes, distribution lists, and archives. Ensure spam filtering and malware protection on email is active. Provide user support for email issues and handle backend email system tasks like retention policies, e-discovery searches, and mailbox backups. If applicable, manage other messaging platforms (i.e., Teams, Slack) and ensure they integrate with City authentication.
• Proactive patching and timely firmware upgrades of infrastructure hardware. • Manage the City’s telecommunications infrastructure in coordination with telecom vendors. For example, administration of a VoIP phone system adding new phones, updating phone directory routes, and troubleshooting network-related call quality issues. • Formalized change management process requiring pre-approval, defined maintenance windows and detailed documentation for all critical infrastructure changes. • Routine, documented, and auditable testing of data restoration from server and endpoint backups (e.g. staggered, quarterly test restores).
• Administer backup and recovery solution for Microsoft 365 services, including but not limited to Exchange Online, SharePoint, OneDrive, Teams. 6) Cybersecurity
• Maintain a comprehensive cybersecurity program. Develop a formal Cyber Security Plan and update it regularly to address new threats. This includes layering defenses (firewall, AV, email security, MFA, etc.), enforcing security policies City-wide, and keeping security architecture documentation. Advise the City on cyber-liability insurance coverage and, if in place, ensure cooperation with insurer’s requirements (e.g. annual security audits).
Overall, serve as the City’s subject-matter expert on cybersecurity, keeping City leadership informed of risks, mitigation strategies, and incidents. • Develop procedures for responding to IT security incidents or breaches. In the event of a suspected cyber incident (malware outbreak, data breach, etc.), execute the Incident Response Plan: isolate affected systems, eradicate threats, recover data from backups, and restore services safely
• Investigate the root cause and implement measures to prevent recurrence. Coordinate with law enforcement or cyber insurance as necessary. Provide post-incident reports and user communications.
• Conduct regular (minimum annual) cybersecurity awareness training for City employees.
Educate staff on safe computing practices: how to recognize phishing emails, use strong passwords, handle sensitive data, and report potential security incidents. As part of this, run periodic simulated phishing exercises to test and reinforce employee vigilance.
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Provide training modules covering social engineering, general cyber hygiene, and department-specific security procedures. Track participation to ensure all users complete required training.
• Deploy and manage enterprise-grade anti-malware and anti-virus solutions on all City computers, servers, and email systems. Maintain up-to-date virus definitions and ensure scans are running regularly. Monitor dashboards for any virus detections or quarantines, and respond to neutralize any malware found. This includes protecting against ransomware and spyware. Also keep spam filtering and email threat prevention systems active (blocking phishing emails, infected attachments, etc.). • Ensure compliance with relevant standards (e.g. CJIS, PCI-DSS, HIPAA) • Utilize DNS or web content filtering systems to block access to malicious or inappropriate websites from the City network. Monitor web traffic for signs of malware callbacks or data exfiltration. Manage DNS security services that prevent users from visiting known dangerous domains.
• Tune web filters to balance security with business needs (e.g. allowing required research sites while denying categories like malware, phishing, etc.) • Proactively assess the City’s IT environment for vulnerabilities and ensure compliance with relevant security standards and best practices. Perform periodic vulnerability scans of networks and systems (using tools or managed services) and promptly remediate any findings. Ensure the City meets any mandated security frameworks. This includes implementing controls for data encryption, secure configurations, and access controls as required.
• Implement and manage multi-factor authentication for remote network access and key applications. Ensure VPN logins, email accounts, and other critical systems require a second factor.
• Monitor and manage the MFA/SSO platform (issuing tokens, assisting users with setup).
This reduces the risk of compromised passwords being enough to breach City systems. • Implement a rigorous patch management program. Apply security patches and software updates to servers, PCs, network devices, and applications on a timely schedule – often weekly after hours for critical updates. Ensure operating systems (Windows, Linux) and third-party software (browsers, PDF readers, etc.) are kept current to eliminate known vulnerabilities. Coordinate with City departments to schedule patches so as to minimize disruption (e.g. deploy after Business Hours 7:00 AM – 6:00 PM). Maintain a log of applied patches and verify systems are fully updated.
• Contractor shall notify the City of any confirmed cybersecurity incident within one (1) hour of detection, followed by a written incident report within 24 hours and a final root-cause and remediation report within 10 business days.
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7) Optional: Managed Detection and Response (MDR)
The City requests that proposers optionally include a Managed Detection and Response (MDR) service as an add-on at an additional cost, separate from the base proposal. MDR is a service that provides 24/7 monitoring and human review of cybersecurity alerts, with investigation and response support when potential security incidents occur.
If proposed, the MDR service should include:
• Continuous monitoring of the City’s Microsoft 365 environment, user accounts, and endpoints
• Human review and investigation of security alerts
• Identification of common threats such as phishing, compromised accounts, and suspicious login activity
• After-hours, weekend, and holiday coverage
• Clear notification and escalation procedures to City staff • Guidance and/or assistance with containment and remediation actions Proposers shall clearly describe:
• What response actions are included (e.g., advisory only vs. active containment) • How incidents are communicated to the City
• What Microsoft or third-party security tools are used • Any additional licensing or software required
Pricing for MDR shall be provided separately, including any setup fees, monthly or annual costs, and minimum service terms.
MDR services are not required and will be evaluated independently of the base proposal. The City may choose to add MDR services at a later date under the same contract or procure its own independent MDR service with alternate provider.
8) Procurement
• Assist in procuring IT equipment, software, licenses, and services as needed. Contractor staff shall assist with obtaining quotes and providing recommendations for the purchasing of new IT assets. Evaluate proposals from vendors and ensure the City receives appropriate technology at the best value and coordinate order placement and delivery for approved purchases in accordance with City policies and procedures. 9) Reporting and Analytics
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• Provide various reports and analyses of IT operations as required. Examples:
monthly help desk report (number of tickets by type, resolution times), network uptime reports, security incident reports, asset depreciation schedules, etc. If requested, develop dashboards or statistics that help City management understand IT performance and areas of need.
• Utilize analytics to recommend adjustments to staffing or infrastructure (for instance, if reports show many after-hours calls, recommend adjusting support hours). • Develop Citywide activity dashboards for management decision making and productivity monitoring.
10) Future City Hall IT Implementation
• Support design, procurement, and implementation of required IT infrastructure for the new City Hall, including network architecture (LAN/WAN), wireless systems, server environments (on-premises and/or cloud), and telecommunications systems. • Coordinate installation and integration of all City installed technology systems (not installed by Civic Center contractor), including workstations, VoIP, printing, and other departmental technology needs, ensuring compatibility with existing City systems. • Provide project management, testing, documentation, and transition support, including implementation timelines, vendor coordination, system configuration, cybersecurity controls, staff training, and post-deployment support to ensure a seamless operational launch of the new facility.
11) Emergency Response and Service Level Agreement (SLA) sample (final SLA to be negotiated with selected contractor, this is for reference purposes only) • Respond to emergency outages within (1) hour during normal business hours • Respond to emergency outages within (2) hours during non-business hours • If issue cannot be resolved remotely, be on site within (4) hours • Provide unlimited technical phone support
• Contractor shall report monthly on SLA performance, including response times, resolution times, and SLA compliance percentages. Chronic SLA failures may constitute grounds for contract remedies as defined in the Agreement. • Trouble tickets will be acknowledged within 30 minutes with typical response times as:
i. Password reset: 15 minutes
ii. Create new user: 60 minutes
i.
iii. Installing device application: 60 minutes
iv. Troubleshoot/repair device: 30 minutes
v. Add printer: 30 minutes
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12) Enterprise Resource Planning (ERP) Support
ERP Implementation Support
• Provide application support, configuration, upgrades, and implementation assistance for enterprise business systems, including the City’s Enterprise Resource Planning (ERP) system.
• Provide ongoing application management and implementation support for the City’s enterprise business systems, including financial and human resources platforms (ERP).
ERP Integration with Existing Systems
Support and maintain interfaces and integrations between the ERP system and third-party applications, including finance, payroll, cashiering, and permitting systems. Coordinate with software vendors to implement, test, and troubleshoot system integrations required for City operations.
Provide technical support for existing and new ERP integrations with internal and external systems, including payroll, project systems, and third-party applications. Support data interfaces and system integrations between enterprise applications and existing City systems, ensuring data integrity and availability.
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AGREEMENT FOR SERVICES
BETWEEN
THE CITY OF EASTVALE, CALIFORNIA
AND
__________________________________
This Agreement for Services (“Agreement”) is entered into as of this ____ day of _________, 20__ by and between the City of Eastvale, a municipal corpora�on (“City”) and ____________________, a ___________________ (“Contractor”). City and Contractor are some�mes hereina�er individually referred to as “Party” and hereina�er collec�vely referred to as the “Par�es.”
RECITALS
A. City has sought, by Request for Proposals No.26-106EG the performance of the services defined and described par�cularly in Sec�on 2 of this Agreement.
B. Contractor, following submission of a proposal for the performance of the services defined and described par�cularly in Sec�on 2 of this Agreement, was selected by the City to perform those services.
C. The Par�es desire to formalize the selec�on of Contractor for performance of those services defined and described par�cularly in Sec�on 2 of this Agreement and desire that the terms of that performance be as par�cularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in considera�on of the mutual promises and covenants made by the Par�es and contained here and other considera�on, the value and adequacy of which are hereby acknowledged, the Par�es agree as follows:
TERM OF AGREEMENT.
Subject to the provisions of Sec�on 20 "Termina�on of Agreement" of this Agreement, the Term of this Agreement is for [___ years/months/days] commencing on the date first ascribed above.
SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE.
Scope of Services. Contractor agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereina�er, the “Services”) and made a part of this Agreement by this reference.
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ADDITIONAL SERVICES.
Contractor shall not be compensated for any work rendered in connec�on with its performance of this Agreement that are in addi�on to or outside of the Services unless such addi�onal services are authorized in advance and in wri�ng in accordance with Sec�on 26 “Administra�on and Implementa�on” or Sec�on 28 “Amendment” of this Agreement. If and when such addi�onal work is authorized, such addi�onal work shall be deemed to be part of the Services.
COMPENSATION AND METHOD OF PAYMENT.
Subject to any limita�ons set forth in this Agreement, City agrees to pay Contractor the amounts specified in Exhibit “B” “Compensa�on” and made a part of this Agreement by this reference. The total compensa�on, including reimbursement for actual expenses, shall not exceed ______________________________ dollars ($_____________), unless addi�onal compensa�on is approved in wri�ng in accordance with Sec�on 26 “Administra�on and Implementa�on” or Sec�on 28 “Amendment” of this Agreement.
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 compensa�on set forth in subsec�on (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 descrip�ons of task performed and the amount of �me incurred for or allocated to that task. City shall independently review each invoice submited 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 subsec�on (c).
In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correc�on and resubmission.
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.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
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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 a�er submited to City. City shall reject work by a �mely writen explana�on, 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 cons�tute a waiver of any of the provisions of this Agreement including, but not limited to, Sec�on 16 “Indemnifica�on” and Sec�on 17 “Insurance.”
OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Contractor. Upon comple�on, expira�on or termina�on of this Agreement, Contractor shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
If and to the extent that City u�lizes 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 warran�es in Sec�on 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
All final work product developed by Contractor in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Contractor. Upon comple�on, expira�on or termina�on 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 dra�s, which are owned by Contractor, not City.
CONTRACTOR'S BOOKS AND RECORDS.
Contractor shall maintain any and all documents and records demonstra�ng or rela�ng 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 rela�ng RFP No. 26-106EG Managed IT Services Page 37 of 52
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to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accoun�ng principles and shall be sufficiently complete and detailed so as to permit an accurate evalua�on 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 execu�on of this Agreement and to the extent required by laws rela�ng to audits of public agencies and their expenditures. In accordance with California Government Code Sec�on 8546.7, if the total compensa�on in Sec�on 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 examina�on 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 a�er final payment under the Agreement.
Any and all records or documents required to be maintained pursuant to this sec�on shall be made available for inspec�on, audit and copying, at any �me during regular business hours, upon request by City or its designated representa�ve. Copies of such documents or records shall be provided directly to the City for inspec�on, audit and copying when it is prac�cal to do so; otherwise, unless an alterna�ve is mutually agreed upon, such documents and records shall be made available at Contractor’s address indicated for receipt of no�ces in this Agreement.
Where City has reason to believe that any of the documents or records required to be maintained pursuant to this sec�on may be lost or discarded due to dissolu�on or termina�on of Contractor’s business, City may, by writen 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 representa�ves.
INDEPENDENT CONTRACTOR.
Contractor is and shall at all �mes 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 obliga�on, 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 wri�ng by City.
The personnel performing the Services under this Agreement on behalf of Contractor shall at all �mes be under Contractor’s exclusive direc�on and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any �me or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City.
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Neither Contractor , nor any of Contractor’s officers, employees or agents, shall obtain any rights to re�rement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.
STANDARD OF PERFORMANCE.
Contractor represents and warrants that it has the qualifica�ons, experience and facili�es necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Contractor shall at all �mes faithfully, competently and to the best of its ability, experience and talent, perform all Services. In mee�ng its obliga�ons under this Agreement, Contractor shall employ, at a minimum, generally accepted standards and prac�ces u�lized by persons engaged in providing services similar to the Services required of Contractor under this Agreement. In addi�on to the general standards of performance set forth this sec�on, addi�onal specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Contractor’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
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, regula�ons and rules in effect during the term of this Agreement.
Contractor shall obtain any and all licenses, permits and authoriza�ons necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this sec�on.
PREVAILING WAGE LAWS
It is the understanding of City and Contractor that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regula�ons promulgated thereunder:
Construc�on, altera�on, demoli�on, installa�on, or repair work performed on public buildings, facili�es, streets or sewers done under contract and paid for in whole or in part out of public funds.
In this context, “construc�on" includes work performed during the design and preconstruc�on phases of construc�on including, but not limited to, inspec�on and land surveying work.
NONDISCRIMINATION.
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Contractor shall not discriminate, in any way, against any person on the basis of race, color, religious creed, na�onal origin, ancestry, sex, age, physical handicap, medical condi�on or marital status in connec�on with or related to the performance of this Agreement.
UNAUTHORIZED ALIENS.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigra�on and Na�onality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connec�on 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 sanc�ons be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabili�es or sanc�ons imposed, together with any and all costs, including atorneys' fees, incurred by City.
CONFLICTS OF INTEREST.
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 writen consent of the City Manager. Contractor agrees to at all �mes avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
City understands and acknowledges that Contractor is, as of the date of execu�on of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private par�es. Contractor is unaware of any stated posi�on of City rela�ve to such projects. Any future posi�on of City on such projects shall not be considered a conflict of interest for purposes of this sec�on.
City understands and acknowledges that Contractor will perform non-related services for other governmental agencies and private Par�es following the comple�on of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this sec�on.
CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.
All informa�on gained or work product produced by Contractor in performance of this Agreement shall be considered confiden�al, unless such informa�on is in the public domain or already known to Contractor. Contractor shall not release or disclose any such informa�on or work RFP No. 26-106EG Managed IT Services Page 40 of 52
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product to persons or en��es other than City without prior writen authoriza�on from the City Manager, except as may be required by law.
Contractor, its officers, employees, agents or subcontractors, shall not, without prior writen authoriza�on from the City Manager or unless requested by the City Atorney of City, voluntarily provide declara�ons, leters of support, tes�mony at deposi�ons, response to interrogatories or other informa�on concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City no�ce of such court order or subpoena.
If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any informa�on or work product in viola�on of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including atorney's fees, caused by or incurred as a result of Contractor’s conduct.
Contractor shall promptly no�fy City should Contractor, its officers, employees, agents or subcontractors, be served with any summons, complaint, subpoena, no�ce of deposi�on, 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 obliga�on, to represent Contractor or be present at any deposi�on, 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 atorney solely for the purpose of repor�ng or inves�ga�ng a suspected viola�on 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.
INDEMNIFICATION.
(a) Indemnifica�on for Professional Liability. Where the law establishes a professional standard of care for Contractor’s services, to the fullest extent permited by law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Par�es”) from and against any and all liability (including liability for claims, suits, ac�ons, arbitra�on proceedings, administra�ve proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including atorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way atributable to, in whole or in part, any negligent or wrongful act, error or omission of Contractor, or by any individual or en�ty for which Contractor is legally liable, including RFP No. 26-106EG Managed IT Services Page 41 of 52
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but not limited to officers, agents, employees or subcontractors of Contractor, in the performance of professional services under this Agreement. (b) Indemnifica�on for Other than Professional Liability. Other than in the performance of professional services and to the full extent permited by law, Contractor shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, ac�ons, arbitra�on proceedings, administra�ve proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including atorney’s 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 atributable to, in whole or in part, the performance of this Agreement by Contractor, or by any individual or en�ty for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor.
(c) Indemnifica�on from Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions iden�cal to those set forth in this sec�on from each and every subcontractor or any other person or en�ty involved by, for, with or on behalf of Contractor in the performance of this Agreement naming the Indemnified Par�es as addi�onal indemnitees. In the event Contractor fails to obtain such indemnity obliga�ons from others as required herein, Contractor agrees to be fully responsible according to the terms of this sec�on. Failure of City to monitor compliance with these requirements imposes no addi�onal obliga�ons on City and will in no way act as a waiver of any rights hereunder. This obliga�on to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Contractor and shall survive the termina�on of this Agreement or this sec�on.
(d) City’s Negligence. The provisions of this sec�on do not apply to claims occurring as a result of City’s sole negligence. The provisions of this sec�on 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.
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 wri�ng by the City Manager.
Contractor agrees to provide City with copies of required policies upon request.
ASSIGNMENT.
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The exper�se and experience of Contractor are material considera�ons for this Agreement. City has an interest in the qualifica�ons and capability of the persons and en��es who will fulfill the du�es and obliga�ons imposed upon Contractor under this Agreement. In recogni�on of that interest, Contractor shall not assign or transfer this Agreement or any por�on of this Agreement or the performance of any of Contractor’s du�es or obliga�ons under this Agreement without the prior writen consent of the City. Any atempted assignment shall be ineffec�ve, null and void, and shall cons�tute a material breach of this Agreement en�tling City to any and all remedies at law or in equity, including termina�on of this Agreement pursuant to Sec�on 20 “Termina�on of Agreement.” City acknowledges, however, that Contractor, in the performance of its du�es pursuant to this Agreement, may u�lize subcontractors.
CONTINUITY OF PERSONNEL.
Contractor shall make every reasonable effort to maintain the stability and con�nuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services. Contractor shall no�fy City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance.
TERMINATION OF AGREEMENT.
City may terminate this Agreement, with or without cause, at any �me by giving thirty (30) days writen no�ce of termina�on to Contractor. In the event such no�ce is given, Contractor shall cease immediately all work in progress.
Contractor may terminate this Agreement for cause at any �me upon thirty (30) days writen no�ce of termina�on to City.
If either Contractor or City fail to perform any material obliga�on under this Agreement, then, in addi�on to any other remedies, either Contractor, or City may terminate this Agreement immediately upon writen no�ce.
Upon termina�on 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 Sec�on 4 “Compensa�on and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Sec�on 4 “Compensa�on and Method of Payment” of this Agreement.
DEFAULT.
In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obliga�on or duty to con�nue compensa�ng Contractor for any work performed a�er the RFP No. 26-106EG Managed IT Services Page 43 of 52
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date of default. Instead, the City may give no�ce to Contractor of the default and the reasons for the default. The no�ce shall include the �meframe in which Contractor may cure the default.
This �meframe is presump�vely thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of �me 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 alterna�ve, the City may, in its sole discre�on, 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 Sec�on 20 “Termina�on of Agreement.” Any failure on the part of the City to give no�ce 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.
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.
COOPERATION BY CITY.
All public informa�on, data, reports, records, and maps as are exis�ng 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.
NOTICES.
All no�ces required or permited to be given under this Agreement shall be in wri�ng and shall be personally delivered, or sent by telecopier or cer�fied mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Eastvale
Atn: Johnny Terfehr, Director of Community Safety and
Technology
12363 Limonite Ave., Suite 910
Eastvale, CA 91752
To Contractor: __________________________
__________________________
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__________________________
__________________________
No�ce shall be deemed effec�ve on the date personally delivered or transmited by facsimile or, if mailed, three (3) days a�er deposit of the same in the custody of the United States Postal Service.
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 Par�es hereto against all claims, suits, ac�ons, and demands, including necessary expenses of inves�ga�on and reasonable atorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to execute this Agreement.
ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representa�ve. The City Manager shall have the authority to issue interpreta�ons and to make amendments to this Agreement, including amendments that commit addi�onal funds, consistent with Sec�on 28 “Amendment” and the City Manager’s contrac�ng authority under the Eastvale Municipal Code.
BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Par�es.
AMENDMENT.
No amendment to or modifica�on of this Agreement shall be valid unless made in wri�ng and approved by the Contractor and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensa�on under this Agreement, as amended, would not exceed the City Manager’s contrac�ng authority under the Eastvale Municipal Code. The Par�es agree that the requirement for writen modifica�ons cannot be waived and that any atempted waiver shall be void. The City’s City Manager may, but is not required to, make minor amendments not affec�ng substan�ve terms without further authoriza�on 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.
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WAIVER.
Waiver by any Party to this Agreement of any term, condi�on, or covenant of this Agreement shall not cons�tute a waiver of any other term, condi�on, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not cons�tute a waiver of any other provision nor a waiver of any subsequent breach or viola�on of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not cons�tute a waiver of any of the provisions of this Agreement.
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 li�ga�on between the Par�es, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of li�ga�on in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
ATTORNEYS FEES, COSTS AND EXPENSES.
In the event li�ga�on or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such li�ga�on or other proceeding shall be en�tled to an award of reasonable atorney's fees, costs and expenses, in addi�on to any other relief to which it may be en�tled.
ENTIRE AGREEMENT.
This Agreement, including the atached Exhibits "A" through "C", is the en�re, complete, final and exclusive expression of the Par�es with respect to the maters addressed therein and supersedes all other agreements or understandings, whether oral or writen, or entered into between Contractor and City prior to the execu�on of this Agreement. No statements, representa�ons or other agreements, whether oral or writen, made by any Party which are not embodied herein shall be valid and binding.
SEVERABILITY.
If any term, condi�on or covenant of this Agreement is declared or determined by any court of competent jurisdic�on 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).
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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 Par�es hereto have executed this Agreement on the date and year first-above writen.
CITY OF EASTVALE
__________________________
Mark Orme
City Manager
ATTEST:
___________________________
Marc A. Donohue
City Clerk/Communica�ons Director
APPROVED AS TO FORM
_______________________________
Erica L. Vega
City Atorney
By: _________________________________By:________________________________ _________________________________ ______________________________ Its: ______________________________ Its: ___________________________ RFP No. 26-106EG Managed IT Services Page 47 of 52
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ATTACHMENT A – PROPOSER’S CERTIFICATION AND PROPOSAL PRICING Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Eastvale, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the City Clerk with their signature and official seal noting hereon the action of approval of the Council, signed by the Director or his duly authorized agent, and signed by the City Attorney, denoting their approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the City’s selected postal service properly addressed to the proposer with the correct postage affixed thereto.
Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds (if required) and certificate of liability insurance, or the funds, check, draft, or proposer’s bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer’s bond substituted in lieu thereof shall be returned to the undersigned.
Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed.
All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP.
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ATTACHMENT A – PROPOSER’S CERTIFICATION AND PROPOSAL PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit I) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal.
PROPOSER’S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of this RFP. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions.
LEGAL NAME OF COMPANY PHONE NUMBER
BUSINESS ADDRESS CA SECRETARY OF STATE – BUSINESS ENTITITY NO.
PRINTED NAME OF AUTHORIZED AGENT TITLE
SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS
FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IF APPLICABLE)
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ATTACHMENT B – NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF EASTVALE
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal.
Note: The above non-collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non-collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution.
Signed____________________________________________________________________________ State of ________, County of __________________________________________________________ Subscribed and sworn to (or affirmed) before me on this________ day of_____________, 20____, by ________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
________________________
Notary Public Signature Notary Public Seal
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ATTACHMENT C – NON-LOBBYING CERTIFICATION
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
Signed:
Title:
Firm:
Date:
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ATTACHMENT D – CERTIFICATION OF NON-DISCRIMINATION BY CONSULTANTS As suppliers of goods or services to the City of Eastvale, the Firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment.
WE AGREE SPECIFICALLY:
1. To take affirmative steps to hire minority employees with the company.
2. To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels.
3. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those servicing minority communities, and to the minority communities at large.
FIRM ____________________________________________________________________________ TITLE OF PERSON SIGNING _______________________________________________________ SIGNATURE _____________________________________________________________________ DATE ___________________________________________________________________________ Please include any additional information available regarding equal opportunity employment programs now in effect within your company.
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AGREEMENT FOR MANAGED IT SERVICES
BETWEEN
THE CITY OF EASTVALE, CALIFORNIA
AND
LAN WAN ENTERPRISE, INC.
This Agreement for Managed IT Services (“Agreement”) is entered into as of this 1st day of July, 2026 (“Effective Date”) by and between the City of Eastvale, a municipal corporation (“City”) organized under the laws of the State of California, and Lan Wan Enterprise Inc., a California S-Corporation with its principal place of business at 17500 Red Hill Avenue, Ste 120 Irvine, CA 92614 (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by request for proposals, RFP No. 26-106CE, Managed Information Technology Services. 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 two years 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. Prior to the expiration of the Term, the Parties may agree, in writing, to extend the Term for up to three (3) additional one (1) year periods, for a total possible term not-to-exceed five (5) years.
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, 469
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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 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 monthly compensation for Services shall not exceed sixteen thousand four hundred dollars ($16,400) per month, unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement.
Reimbursable costs and expenses shall not be subject to a not-to-exceed amount. (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. 470
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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. 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.
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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. 472
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(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.