Agenda packet — Eastvale City Council, August 12, 2026 (part 2 of 4)

PART I CRIMES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC YTD Homicide 0 1 0 0 0 0 0 0 0 0 0 0 1
Arson 0 0 0 0 0 0 0 0 0 0 0 0 0
Aggravated Assault 14 23 18 17 12 0 0 0 0 0 0 0 84
Residential Burglary 1 7 2 2 1 0 0 0 0 0 0 0 13
Commercial Burglary 4 0 6 2 4 0 0 0 0 0 0 0 16
Residential Theft 18 19 17 15 24 0 0 0 0 0 0 0 93
Commercial Theft 33 35 45 49 31 0 0 0 0 0 0 0 193
Rape 1 2 0 0 3 0 0 0 0 0 0 0 6
Robbery 2 1 3 1 2 0 0 0 0 0 0 0 9
Vehicle Theft 5 5 2 5 8 0 0 0 0 0 0 0 25
Total Crime 78 93 93 91 85 0 0 0 0 0 0 0 440

PART I CRIME JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC YTD Homicide 0 1 0 0 0 0 0 0 0 0 0 0 1
Rape 1 2 0 0 3 0 0 0 0 0 0 0 6
Robbery 2 1 3 1 2 0 0 0 0 0 0 0 9
Aggravated Assault 14 23 18 17 12 0 0 0 0 0 0 0 84
Arson 0 0 0 0 0 0 0 0 0 0 0 0 0
Total Crime 17 27 21 18 17 0 0 0 0 0 0 0 100

PROPERTY CRIMES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC YTD Residential Burglary 1 7 2 2 1 0 0 0 0 0 0 0 13
Commercial Burglary 4 0 6 2 4 0 0 0 0 0 0 0 16
Vehicle Theft 5 5 2 5 8 0 0 0 0 0 0 0 25
Residential Theft 18 19 17 15 24 0 0 0 0 0 0 0 93
Commercial Theft 33 35 45 49 31 0 0 0 0 0 0 0 193
Total Crime 61 66 72 73 68 0 0 0 0 0 0 0 340

CALL NATURE JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC YTD Mail Thefts 3 4 5 1 2 0 0 0 0 0 0 0 15
Total Calls 2,406 2,146 2,734 2,538 2,204 0 0 0 0 0 0 0 12,028

CHARGE LEVEL JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC YTD Felony Arrests 15 6 28 20 11 0 0 0 0 0 0 0 80
Misdemeanor 19 33 31 32 18 0 0 0 0 0 0 0 133
Total Arrests 34 39 59 52 29 0 0 0 0 0 0 0 213

CHARGE LEVEL JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC YTD Adult Arrests 34 39 59 52 29 0 0 0 0 0 0 0 213
Juvenile Arrests 0 0 0 0 0 0 0 0 0 0 0 0 0
Total Arrests 34 39 59 52 29 0 0 0 0 0 0 0 213
DISCLAIMER: This report's crime data figures are preliminary and pending year-end verification by CA-DOJ and the FBI. All crime data is derived from the Riverside Sheriff's Records Management System (RMS) and is current as of the date of publishing. The Crime data is dynamic and can change based on a change in crime verification or how fast reports are written and entered.

CITY OF EASTVALE
Crime Data & Statistics
CY-2026

TOTAL ARRESTS

TOTAL VIOLENT CRIMES

TOTAL PART I CRIMES

TOTAL PROPERTY CRIMES

TOTAL CALLS FOR SERVICE

TOTAL ARRESTS

Page 2 ends

TRAFFIC COLLISIONS JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC YTD T/C – No Injury 38 32 42 51 41 0 0 0 0 0 0 0 204
T/C – w/ Injury 8 6 9 7 8 0 0 0 0 0 0 0 38
T/C – Fatality 0 0 0 0 0 0 0 0 0 0 0 0 0 Hit & Run – No Injury 9 7 13 9 9 0 0 0 0 0 0 0 47
Hit & Run – w/ Injury 0 0 1 0 0 0 0 0 0 0 0 0 1
Total Collisions 55 45 65 67 58 0 0 0 0 0 0 0 290

TRAFFIC CITATIONS JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC YTD Parking 236 147 233 263 208 0 0 0 0 0 0 0 1,087 Traffic / Moving 162 105 164 122 84 0 0 0 0 0 0 0 637
Commercial 147 111 112 103 87 0 0 0 0 0 0 0 560
Total Citations 545 363 509 488 379 0 0 0 0 0 0 0 2,284

TRAFFIC INCIDENTS JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC YTD DUI (Arrests/Cites) 1 3 5 4 2 0 0 0 0 0 0 0 15
Street Racing (VC 23103) 15 20 25 25 11 0 0 0 0 0 0 0 96

CITY OF EASTVALE
Traffic Enforcement Statistics
CY-2026

TOTAL TRAFFIC COLLISIONS

TOTAL TRAFFIC CITATIONS

TRAFFIC ENFORCEMENT ACTIVITY
DISCLAIMER: This report's crime data figures are preliminary and pending year-end verification by CA-DOJ and the FBI. All crime data is derived from the Riverside Sheriff's Records Management System (RMS) and is current as of the date of publishing. The Crime data is dynamic and can change based on a change in crime verification or how fast reports are written and entered.

Page 3 ends

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.7
August 12, 2026
Solid Waste Cost and Property Use Charge Study
Prepared By:

Simone Blackwell, Environmental Compliance Analyst
Recommended Action(s)
Staﬀ recommends that the City Council receive and ﬁle the Solid Waste Cost and Property Use Charge Study.

Summary
Waste Management (WM) pays the City a quarterly franchise fee equal to 12.5% of its monthly gross receipts. The fees are intended to support the City’s costs for administering and enforcing the franchise agreement, compensate for the use of the public right-of-way, and address impacts to City infrastructure, including pavement wear caused by solid waste collection vehicles.

The City retained R3 Consul1ng Group, Inc. (R3) to analyze the franchise fees paid by WM in comparison to the City's costs, property use charges, and pavement impacts. R3 based its analysis on fiscal year 2025-26 data.

The es1mated franchise fees paid by WM for FY 2025-26 are $1,810,868, in addi1on to $141,000 in SB 1383 and AB 939 fees, for total es1mated fee payments of $1,951,868. The study calculated the City's costs and property use charges at $2,125,610, which is $173,742 (9%) higher than the estimated FY 2025-26 franchise fee payments.

Based on the analysis, the current franchise fees do not exceed the City's calculated costs and property use charges.

Background 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
160
On October 28, 2020, the City of Eastvale entered into an exclusive franchise agreement with WM for solid waste collec1on services. The agreement commenced on July 1, 2022, and will remain in eﬀect through June 30, 2042. Pursuant to Sec1on 2.06.2 of the agreement, WM pays the City a quarterly franchise fee equal to 12.5% of its monthly gross receipts. Payments are due on April 30, July 30, October 30, and January 30.

The fees are intended to support City's costs for administering and enforcing the franchise agreement, compensate for the use of the public right-of-way, and address impacts to City infrastructure, including pavement wear caused by solid waste collection vehicles.

To ensure these costs are accurately iden1ﬁed and quan1ﬁed, the City hired R3 Consul1ng Group, Inc. (R3) to review, analyze, and calculate the annual cost amounts. The study ﬁndings are detailed below. For the purposes of their review, all calculated amounts in the study are in ﬁscal year 2025-

26. City Costs
R3 evaluated the City's annual costs associated with administering and suppor1ng the solid waste franchise, including program management, regulatory compliance, enforcement, customer service, opera1ons, and allocated overhead. The analysis considered staﬃng, contracted services, supplies, opera1ons and maintenance, and other indirect support costs. Based on this evalua1on, R3 determined the City's total annual staffing and operating costs are $752,470.

Property Use Charges
R3 evaluated the value of the Contractor's use of the public right-of-way for the placement and collec1on of solid waste containers. The analysis considered the number of service accounts, the area occupied by collec1on containers, the dura1on of use, and the market value of the public right- of-way. Based on this evaluation, R3 calculated an annual Property Use Charge of $1,373,140.

Pavement Impacts
R3 evaluated the impact of solid waste collec1on vehicles on City streets by analyzing pavement repair, maintenance, rehabilita1on, and projected capital improvement costs. The analysis accounted for the dispropor1onate wear caused by the heavy loads and slow speeds of collec1on vehicles. Based on this evalua1on, R3 calculated annual pavement impact costs of $716,037, for which the City is not currently compensated.

Conclusion
R3 concluded that the City's total annual costs and Property Use Charge exceed the fees currently paid under the franchise agreement. Additionally, the report quantifies pavement impacts; however, these impacts are not considered to be funded by the franchise fees and are included for informational purposes only.

The es1mated franchise fees and AB939/SB1383 fees for FY 2025-26 total approximately $1,951,868. The City’s FY 2025-26 costs and property use charges calculated in this study total $2,125,610 which is $173,742 (9%) higher than the estimated FY 2025-26 Fee payments.

Fiscal Impact
There is no ﬁscal impact associated with receiving and ﬁling this report. Costs related to the preparation of this report were funded through the Fiscal Year 2025-26 budget.

Prior City Council/Commission Action
There is no prior Commission or City Council action.

Attachment(s)
Attachment 1 - R3 Solid Waste Cost and Property Use Charge Study Summary Summary

Attachment 2 - R3 Solid Waste Cost and Property Use Charge Study

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
162

414 13th Street, Suite 450, Oakland, CA 94612 | p 916.782.7821 | f 916.782.7824 | www.r3cgi.com

Background & Purpose
Per the Collection Services Agreement for the Provision of Residential and Commercial Garbage, Recyclable Materials and Organic Waste Collection, Recycling, and Disposal Services (Agreement) between the City of Eastvale (City) and USA Waste California, Inc. (Contractor) under which the Contractor has the exclusive right to provide the City with solid waste collection and the other services, the Contractor pays annual fees (Fees) to the City.

The Fees are intended to pay the costs incurred by the City in managing, administering, enforcing, and supplementing the services provided in the Agreement (City’s Costs), as well as the charge for the use of the public right-of-way for the special and lasting access to use it for set-out and collection of solid waste containers (Property Use Charge). The City also incurs – but does not presently recovery – costs related to wear and tear to City street pavement caused by Contractor’s vehicles during the course of providing solid waste collection services (Pavement Impacts). R3 Consulting Group, Inc. (R3) was engaged to review, analyze, and quantify the annual amounts of these costs.

Methodology and Findings
R3 reviewed and analyzed information provided by the City, as well as information obtained via research and analysis, to calculate the annual amounts for the City’s provision of solid waste collection services, a property use charge for use of the public right-of-way, and the costs for wear and tear to City street pavement caused by Contractor’s vehicles. All calculated amounts in this Study are in Fiscal Year (FY) 2025-26 dollars.

City’s Costs
The annual costs for management, administration, regulatory compliance and enforcement, solid waste collection and clean-up, and other obligations associated with the Contractor’s Agreement and the sanitation system include: staffing salary and benefits, contracted services, operations and maintenance, supplies, and overhead for distributed costs including but not limited to property, utilities, insurance, human resources, payroll administration, accounts payable and receivable, and other finance functions.

Staffing costs are calculated based on estimated time allocations (drawn from historical experience and the assessment of current City employees) and other costs are calculated based on estimated share allocations associated with the sanitation system, with distributed overhead applied to both.

The calculation results are $610,349 in staffing costs and $142,120 in other costs, for annual City’s Costs totaling $752,470.

To: Mark Orme, City Manager, City of Eastvale
From: Garth Schultz, Principal, R3 Consulting Group
Nikki Burke, Senior Managing Consultant, R3 Consulting Group Date: June 22, 2026
Subject: Solid Waste Cost and Property Use Charge Study 163

June 22, 2026

Page 2 of 2 ends

The calculation result for the use of the public right-of-way is an annual total Property Use Charge of $1,373,140.

Pavement Impacts
The annualized costs for pavement repair, maintenance, and rehabilitation are calculated based on the proportionate impact to pavement from solid waste collection vehicles compared to other sources of impacts. This calculation accounts for annual repair costs, five-year projections for capital improvement costs, and five-year projections for growth in deferred maintenance. The calculation also accounts for the high loading and slow speed impacts on pavement associated with solid waste collection vehicles.

The calculation result for the proportionate Pavement Impacts caused by Contractor’s solid waste collection vehicles while providing sanitation service is an annualized cost of $716,037. The City is not compensated for Pavement Impacts at this time.

Conclusions
The FY 2024-25 Franchise Fees paid by the Contractor to the City were $1,741,219 plus AB 939 and SB 1383 fees of $135,200 (for total Fees of $1,876,419 in FY 2024-25) and the estimated Franchise Fees for FY 2025-26 are $1,810,868 plus $141,000 (for total Fees of $1,951,868 in FY 2025-26).

The sum of FY 2025-26 annual City’s Costs and Property Use Charges calculated in this Study is $2,125,610 which is $173,742 (9%) higher than the estimated FY 2025-26 Fee payments. The Fees, therefore, are not more than the sum of the City’s Costs and Property Use Charges. 164

1504 Eureka Road, Suite 220, Roseville, CA 95661 | p 916.782.7821 | f 916.782.7824 | www.r3cgi.com June 22, 2026

Mr. Mark Orme, ICMA-CM
City Manager
City of Eastvale
submitted via email: [email protected]

SUBJECT: Solid Waste Cost and Property Use Charge Study – R3 Report

Dear Mr. Orme,

R3 Consulting Group, Inc. is pleased to submit the attached Solid Waste Costs and Property Use Charge Study (Study) to the City of Eastvale (City). This Report presents our analytical methodology, results and findings, and recommendations regarding the solid waste service costs incurred by the City and the fees paid by the City’s contracted solid waste collection service provider, USA Waste California, Inc. (Contractor), per the Collection Services Agreement for the Provision of Residential and Commercial Garbage, Recyclable Materials and Organic Waste Collection, Recycling, and Disposal Services (Agreement) between the City and the Contractor.

The purpose of this Study was to comprehensively analyze and calculate the following:

City’s Costs: The annual costs to the City for performing its management, administration, regulatory compliance and enforcement, solid waste collection and clean-up, and other obligations associated with the Contractor’s Agreement and the sanitation system.

Property Use Charges: The annual use charge to the Contractor for its special and lasting access to use public right-of-way for placement of solid waste containers and collection of the solid waste contents.

Pavement Impacts: The annualized costs for pavement repair, maintenance, and rehabilitation resulting from the unique impacts to City street pavement caused by the Contractor’s solid waste collection vehicles during the course of providing sanitation service.

We compared the calculated values for each component to the annual fees paid by the Contractor to the City per the Agreement (Fees). We found that the City’s current and projected Fees are less than the sum of the City’s Costs and government Property Use Charges calculated in this Study. Based on these results, we conclude that the City’s Fee amount is not more than necessary to cover the City’s costs in managing and administering the Agreement and the sanitation system plus the value of the Contractor’s use of the public right-of-way.

We appreciate the opportunity to be of service to the City. If you have any questions regarding this Report or need additional information, please contact us.

Sincerely,

Garth Schultz | Principal Nikki Burke | Senior Managing Consultant R3 Consulting Group, Inc. R3 Consulting Group, Inc.
510.292.0853 | [email protected] 707.480.9384 | [email protected] 165

TABLE OF CONTENTS
City of Eastvale | Solid Waste Cost and Property Use Charge Study – R3 Report toc - i

1. Executive Summary
page 1

2. Methodology & Calculations
page 3

3. Findings & Conclusions
page 17

4. Recommendations
page 18

166

1. EXECUTIVE SUMMARY
City of Eastvale | Solid Waste Cost and Property Use Charge Study – R3 Report 1 of 18 Background & Purpose
The Collection Services Agreement for the Provision of Residential and Commercial Garbage, Recyclable Materials and Organic Waste Collection, Recycling, and Disposal Services (Agreement) between the City of Eastvale (City) and USA Waste California, Inc. (Contractor) provides the Contractor with the exclusive right to provide critical aspects of the City’s sanitation system, including solid waste collection and the other services and programs included in the Agreement. The Agreement specifies that the Contractor will charge solid waste service subscribers, with the Contractor billing and collecting revenues from subscribers and the City authorizing the maximum rates that the Contractor may charge pursuant to the rate adjustment methodology included in the Agreement.

Per the Agreement, the Contractor pays annual fees (Fees) to the City. For the purposes of this Solid Waste Costs and Property Use Charge Study (Study), the Fees are intended to pay the costs incurred by the City in managing, administering, enforcing, and supplementing the services provided in the Agreement, as well as the charge for the use of the public right-of-way for the special and lasting access to use it for set-out and collection of solid waste containers.

The City incurs costs for providing solid waste collection services (City’s Costs) and also incurs costs for wear and tear to City street pavement caused by Contractor’s vehicles during the course of providing solid waste collection services (Pavement Impacts). R3 Consulting Group, Inc. (R3) was engaged to review, analyze, and quantify the annual amounts of these costs. R3 was also engaged to review, analyze, and quantify the annual amount of a reasonable property use charge for the use of the public right-of-way for the special and lasting access to use it for setout and collection of solid waste containers (Property Use Charge). This Report summarizes R3’s methodology, analysis, and findings regardin g the City’s costs and property use charge amounts.

Methodology and Findings
R3 reviewed and analyzed information provided by the City pertaining to the City Costs, Pavement Impacts, and a Property Use Charge. R3 used the information provided by the City, as well as information obtained via research and analysis, to calculate the annual amounts for the City’s provision of solid waste collection services, a property use charge for use of the public right-of-way, and the costs for wear and tear to City street pavement caused by Contractor’s vehicles. All calculated amounts in this Study are in the current Fiscal Year (FY) 2025-26 dollars.

The calculation results are $610,349 in staffing costs and $142,120 in other costs, for annual City’s Costs totaling $752,470.

Property Use Charges
The annual charge to the Contractor for use of government property in the public right-of-way is calculated as a function of estimates for the number of solid waste accounts setting out solid waste collection containers in the right-of-way, the set-out area used, the amount of time it is used, and the market value for the per square foot use of the public right-of-way. 167
Executive Summary
City of Eastvale | Solid Waste Cost and Property Use Charge Study – R3 Report 2 of 18 The calculation result for the use of the public right-of-way is an annual total Property Use Charge of $1,373,140.

The calculation result for the proportionate Pavement Impacts caused by Contractor’s solid waste collection vehicles during the course of providing sanitation service is an annualized cost of $716,037. However, we do not recommend including Pavement Impacts in the overall calculation related to City’s costs at this time.

Conclusions
The FY 2024-25 Fees paid by the Contractor to the City were $1,741,219 plus AB 939 and SB 1383 fees of $135,200 and the estimated Fees for FY 2025-26 are $1,810,868 plus $141,000 for total Fees of $1,876,419 in FY 2024-25 and $1,951,868 in FY 2025-26.

The sum of FY 2025-26 annual City’s Costs and Property Use Charges calculated in this Study is $2,125,610 which is $173,742 (9%) higher than the estimated FY 2025-26 Fee payments. The Fee is, therefore, not more than the sum of the City’s Costs and Property Use Charges.

Limitations
This Study relies on information provided by the City and the Contractor, which we have reviewed and analyzed for reasonableness and accuracy but did not independently audit or verify.

It was necessary to estimate certain values for information that the City did not have, and for which reasonable ranges are known to exist. When it was necessary to establish estimates or assumptions for those values, R3 relied on decades of professional experience working with dozens of local government agencies in California on solid waste utility and other local government public administration matters.

Because changes to estimates and other underlying assumptions could change calculations, R3’s approach to this Study was to establish reasonable estimates and assumptions such that changes to them would minimize the potential for different ultimate findings. We have reviewed estimates and assumptions with City staff and legal counsel and have mutual concurrence on applicability and reasonableness of estimated and assumed values in this Study.

168

2. METHODOLOGY & CALCULATIONS
City of Eastvale | Solid Waste Cost and Property Use Charge Study – R3 Report 3 of 18 City’s Costs
Methodology
R3 reviewed and analyzed information provided by the City pertaining to the General Fund costs incurred for management, administration, regulatory compliance and enforcement, solid waste collection and clean-up, and other obligations associated with the Contractor’s Agreement and the sanitation system.

These costs include and may not be limited to:

Staffing costs, including salaries and benefits.

Contracted services.

Capital and equipment operations and maintenance.

Supplies and materials.

Overhead for distributed costs such as property, utilities, insurance, human resources, payroll administration, accounts payable and receivable, and other finance functions.

Using the total annual salary, benefits, and other cost information provided by the City, we estimated the proportion of costs associated with management and administration of the Agreement and the sanitation system. We then calculated the proportionate totals and categorized them by the functions listed in the sections below.

Variables, Estimates and Assumptions
Staffing Costs
Variables associated with salaries and benefits include the allocation of time that positions are dedicated to management and administration of the Agreement and the sanitation system (including time supervising others with primary responsibility for these duties), the amount by which funding of salaries and benefits is paid by the General Fund, and the applicable amount of General Fund overhead.

The estimated time allocation to Solid Waste Related Activities (excluding time allocated to pavement maintenance) by position category used in this Study is shown in Table 1, below and on the following page, along with the explanation for the allocation values.

Table 1: Allocations of Staffing Time by Position
Positions Time Allocation Full-time
Employees
Senior Environmental Compliance Analyst 100.0% 1
Community Safety Director 25.0% 1
Administrative Specialist - Community Safety 20.0% 1
Street & Operational Maintenance Workers 15.0% 4
Code Enforcement, Indirect Mgmt. & Maint. Support 10.0% 9 Engineering Technician 7.5% 1
Indirect Management & Facilities Maintenance 5.0% 9.5
Indirect Management 2.0% 7

169
Methodology & Calculations
City of Eastvale | Solid Waste Cost and Property Use Charge Study – R3 Report 4 of 18 R3 verified with City staff that the salaries and benefits included in this Study are paid by the General Fund – any non-General Fund portions of positions included in Table 1 have been excluded from the calculations. A General Fund overhead rate of 7.6% (calculated using the City’s FY 2025-26 Cost Allocation Plan) is also applied to the total allocated costs.

Other Costs
Variables associated with the City’s other (i.e., non-salary and benefit) costs include the proportionate allocation of those costs that are for management and administration of the Agreement and the sanitation system, the amount by which these costs are paid by the General Fund, and the applicable amount of General Fund overhead.

The estimated cost allocation to Solid Waste Related Activities by cost category of “Other Costs” used in this Study is shown in Table 2, below, along with the explanation for the allocation values.

Table 2: Allocations of Other Costs by Category
Cost Category Cost
Allocation Explanation
Costs for managing the City's solid waste and
recycling utility (e.g., rate setting, contract
management, etc.)
100% Western Riverside Council of
Governments Solid Waste Dues
Direct costs for tree trimming activities 80% Staff providing clearance for large vehicle access to the curb.

Direct catch basin waste removal costs funded by
General Fund (contractors, vactor truck, etc.). 80% Contract with SCA for the cleaning of catch basins.

Direct illegal dumping costs funded by General
Fund. 100% Staff time for traffic control at clean
up events; MCE Contract
SB1383 Compliance 100% Enforcement costs associated with complying with state law.

R3 verified with City staff that the other costs included in this Study are paid by the General Fund – any non-General Fund portions of these costs as included in Table 2 have been excluded from the calculations. The General Fund overhead rate of 7.6% is also applied to the total allocated costs.

Analysis
Direct Management and Administration
This category includes City staffing costs for direct management and administration of the Agreement and the sanitation system and associated responsibilities, as well as the Western Riverside Council of Governments Solid Waste Dues. Annual allocated costs in this category are $275,418.

Indirect Management and Administration
This category includes City staffing costs for indirect management and administration, including supervision of those responsible for direct management and administration of the Agreement and the sanitation system and associated responsibilities. Annual allocated costs in this category are $177,598. 170
Methodology & Calculations
City of Eastvale | Solid Waste Cost and Property Use Charge Study – R3 Report 5 of 18 Municipal Code Enforcement
The City’s Code Enforcement Staff are responsible for enforcement of the City Municipal Code as it relates to waste collection. This category includes City staffing costs for waste- related code enforcement only. The annual calculated total in this category is $61,562.

Tree Trimming for Vehicle Access to Public Right-of-Way This category includes City staff costs and other costs for trimming of the City’s street trees to provide safe clearance for collection vehicles to collect solid waste from the public right -of-way. The annual calculated total in this category is $47,334.

Catch Basin Waste Removal
The category includes the City’s contract for waste removal from City catch basins, specifically the portion of this contract related to waste services. The annual calculated total in this category is $52,815.

Illegal Dumping Clean-up
The category includes the City’s contract for clean-up of solid waste materials that are illegally dumped throughout the City. The annual calculated total in this category is $52,542.

Maintenance
The City’s Public Works maintenance crews also maintain City streets as part of their normal activities.

The majority of this time is related to asphalt and pothole repair, which is included below in Pavement Impacts, but a portion is related to waste clean-up. The annual calculated total in this category is $84,902.

SB1383 Compliance, Implementation & Enforcement
The majority of this work is completed by the Contractor. Of the City’s costs in this category, the majority are funded by CalRecycle grants, the remaining amount is included here. The annual calculated total in this category is $299.

Annual Total of City’s Costs
Table 3, below and on the following page, shows the total of the City’s Costs for management and administration of the Agreement and the sanitation system as calculated in this Study, by category.

Table 3: City’s Annual Costs by Category and in Total
Category Staffing Costs Other Costs Total
Direct Management &
Administration $ 270,816 $ 4,602 $ 275,418
Indirect Management &
Administration 177,598 - 177,598
Municipal Code Enforcement 61,562 - 61,562
Tree Trimming 15,471 31,863 47,334
Catch Basin Waste Removal - 52,815 52,815
171
Methodology & Calculations
City of Eastvale | Solid Waste Cost and Property Use Charge Study – R3 Report 6 of 18 Category Staffing Costs Other Costs Total
Illegal Dumping Response,
Clean-up, Mitigation, &
Prevention
- 52,542 52,542
Maintenance (excluding
pavement maintenance & pot
hole repair)
84,902 - 84,902
CalRecycle & SB 1383
Compliance, Implementation
& Enforcement
- 299 299
Total Annual City’s Costs $ 610,349 $ 142,120 $ 752,470 Property Use Charges
Methodology
R3 reviewed and analyzed information provided by the City and the Contractor pertaining to Property Use Charges for Contractor’s use of the public right-of-way for collection of solid waste collection containers.

R3 then calculated the annual Property Use Charges based on:

The setout area used for collection of solid waste containers (in square feet).

The amount of time that the area is used.

The market value for use of the public right-of-way (in dollars per square foot).

The number of solid waste subscribers setting out collection containers in the public right -of- way.

Using these values, we calculated the market value for the Contractor’s use of government property in the City.

Variables, Estimates, and Assumptions
Setout Area
Standard residential solid waste collection setouts include three solid waste collection containers, usually carts with wheels and lids, with one each for garbage, recycling, and organics waste streams. Per Contractor’s online guidelines for single family residential setouts, 1 the setout area needed for placement of these containers is inclusive of the width of each container (two feet) as well as required space between the containers (three – four feet) and other objects such as cars. The set-out area also takes up available parking space and is, thus, assumed to extend six feet out from the curb. Taken altogether, the area for residential setouts is calculated as three containers that are each two feet wide, plus three feet between each container and other objects (which this Study assumes applies only to one side of the setout area given that the other side is anticipated to be adjacent to a driveway). The resultant total area

1 https://www.usarecycle.com/support/faqs#:~:text=When%20should%20I%20put%20out,trees%2C%20cars%20and%20recycling%20bins 172
Methodology & Calculations
City of Eastvale | Solid Waste Cost and Property Use Charge Study – R3 Report 7 of 18 is 15 feet wide (3+2+3+2+3+2) times six feet in depth for 90 square feet of setout area per serviced single family residential property.2

The amount of area used for commercial setouts (in this Study, use of the term commercial also always includes multi-family) can vary widely, as there is no standard commercial subscription size profile – each commercial solid waste subscriber can select from a range of container sizes, with most of them being larger than the containers used in residential areas. Given this complexity, this Study assumes that the average commercial setout area is twice that of the residential setout area, for 1 80 square feet. This estimate is likely lower than the average setout area needed in commercial areas and is, therefore, conservative.

Setout Time Usage
Standard residential solid waste collection is performed once weekly. Most residential containers are set out the evening prior to collection and are removed from the public right-of-way the following afternoon.

Thus, for the purposes of this Study, we assume that collection containers are in the public right-of-way for an average of 18 hours per day, one day per week, which amounts to approximately 10.71% of time (18 hours divided by 24 per day divided by 7 days per week).

Commercial solid waste subscription setout times can vary widely – just as there is no standard commercial subscription size profile, likewise there is no standard collection frequency. Commercial solid waste subscribers can select collection frequency between once and six times per week, and with different frequencies for different waste streams. Given this complexity, this Study assumes that the average commercial collection frequently is twice weekly, for 21.42% of the time. As with the setout area, this estimate is likely lower than the average commercial collection frequency and is, therefore, conservative.

Market Value for Use of Public Right-of-Way
To establish the market value for use of the public right-of-way, R3 conducted an online survey of recent purchases of bare land in the City and locally in Riverside County. R3 sampled twenty recent sales of bare land in the City, which were sold for an average of $14.76 per square foot.

To that value, R3 added the per square foot value of the City’s street pavement, which is calculated as a function of the total replacement value of the City’s streets ($250,000,000) divided by the area of the streets in square feet (27,725,148) as provided by the City and calculated based on information from the 2024 Citywide Pavement Condition Assessment and PMS Reporting (PMS Report) . The resultant value of street improvements is $9.02 per square foot, which, when added to the $14.76 average market value of bare land, yields $23.78 per square foot. This value is then divided by a rental realization rate of 2.79, for a total annual per square foot use charge for the public right-of-way of $8.51.

The City’s General Fund overhead rate of 7.6% (for the distributed costs such as property, utilities, insurance, human resources, payroll administration, accounts payable and receivable, and other finance functions) is also applied for a total resulting value per square foot of $9.15. R3 believes this value to be conservative – other methodologies that could have been applied and would have resulted in a higher estimated market value for the use of the public right-of-way. For example, had this Study used “parklet rental fee” charges established in other California communities, with an approximate average annual per square foot value of $15.00 per square foot, the results from this Study would be higher than estimated herein.

2 R3 used USA Waste’s setout guidelines for the purposes of this Study because those guidelines specify the conditions of service expected by the Contractor for efficient and safe operations. R3 has used other setout assumptions in other similar studies when specific guidelines from the solid waste collection operator are not known.
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Methodology & Calculations
City of Eastvale | Solid Waste Cost and Property Use Charge Study – R3 Report 8 of 18 Number of Subscriptions Setting Out Containers
The Contractor reports that there are 17,232, residential and 254 commercial solid waste service subscribers in the City. However, not all subscribers set out their containers in the public right-of-way for collection all the time. To account for non-setouts (either because subscribers don’t have waste materials to set out or because they receive on-premises service) we assume that 90% of residential solid waste subscribers set out containers on a regular basis, for a resulting total of 15,509 residential setouts. This 90% assumption is informed by R3’s work overseeing solid waste collection operations for local governments throughout California; from that experience, R3 confirms that almost all residential solid waste customers set out their solid waste containers for collection each week (with the exceptions being when residents are on vacation or generate exceptionally low amounts of waste). The City’s Contractor provides weekly collection of solid waste containers to all residents.

It is also understood that most commercial subscribers do not set out containers in the public right -of-way, and therefore we conservatively assume that only 5% of commercial subscribers set out containers on a regular basis, for a resulting total of 13 commercial setouts. The assumed 5% set-out rate for commercial customers is certainly low – were one to take field observations for these values, we believe that the actual rates of set-out would be higher than used for the purposes of this Study. However, we use the 5% set-out assumption for commercial subscribers in this Study as data regarding use of the public right -of- way by commercial subscribers in the City is not available.

Analysis and Total Annual Property Use Charges
Calculating the total annual Property Use Charges using the variables, estimates, and assumptions from the prior section is a function of multiplication, as shown in Table 4, below.

Table 4: Calculation of Total Annual Property Use Charges Variable Category Residential Commercial
Grand Total Annual
Property Use Charge
Setout Area 90 SF 180 SF
Setout Time Usage 10.71% 21.42%
Annual Use Charge $9.15 per SF $9.15 per SF
Number of Setouts 15,509 13
Total Annual Property
Use Charges $1,368,657 $4,483 $1,373,140
Pavement Impacts
Methodology
R3 reviewed and analyzed information provided by the City pertaining to Pavement Impacts from the Contractor’s solid waste collection vehicles. We then calculated estimates of the proportionate share of the average annual pavement repair, maintenance, and rehabilitation costs associated with solid waste collection vehicles based on the proportionate impact to pavement from solid waste collection vehicle compared to other sources of impacts.

The calculation accounts for the City’s annual repair costs, five-year projections for capital improvement costs, and five-year projections for annualized growth in deferred maintenance. The calculation also accounts for the high loading and slow speed impacts on pavement associated with solid waste collection vehicles.

174
Methodology & Calculations
City of Eastvale | Solid Waste Cost and Property Use Charge Study – R3 Report 9 of 18 The calculation proportionately allocates the average annual pavement management cost s to solid waste vehicles based on:

The equivalent single-axle load and proportionate impacts from speed for those vehicles compared to other vehicles.

The number of vehicle trips on City streets.

The proportion of vehicle trips that are made by trucks versus automobiles. 3 Variables, Estimates, and Assumptions
The weight, loading, slow speed, and frequent stops that characterize solid waste collection vehicle operations impose unique and quantifiable impacts on the City’s street pavement. It is important to understand that, while calculation of vehicle impacts to pavement can be precise for individual vehicles, out of necessity we made certain assumptions about overall blended pavement impacts associated with several categories of vehicle types for the purposes of this Study. We sought to calculate estimated impacts to all street pavement in the City, covering all vehicle uses, and precise traffic information at that scale is not currently available. Thus, we make informed assumptions regarding several variables necessary for this Study.

For each of these variables, there is a range of potentially reasonable values that may be used. We have selected values at the low end of the range to present findings that conservatively calculate estimated values of the pavement impacts associated with the Contractor’s solid waste collection vehicles during the course of providing sanitation service. Assumptions used are described in the following subsections, which reference sources supporting the summary provided here. Changes in assumptions may result in material changes in calculation results and findings.

Factors Impacting Pavement Conditions
Street pavement repair, maintenance, and rehabilitation needs and their resulting costs are affected by several factors, including vehicle usage and utility cuts (for maintenance and repairs to underground utilities). Environmental conditions such as light and water also contribute to pavement repair, maintenance, and rehabilitation needs in combination with the primary impacts from vehicles and trench cuts, and are thus not separately accounted for. This Study focuses solely on the impacts to street pavement from vehicles, and the proportion of those impacts that are attributable to the Contractor’s solid waste collection vehicles as they perform sanitation service.

City’s Costs for Pavement Repair, Maintenance and Rehabilitation This Study accounts for the City’s annual staffing and General Fund “Maintenance of Effort” expenses on City Streets of $1,129,225 plus Pavement Management Capital Improvement Spending of $5,090,000 annually. The General Fund overhead rate of 7.6% is also applied to the Maintenance of Effort amount, for a total annual cost for pavement repair, maintenance and rehabilitation of $6,304,628 used in this Study.

City’s Costs Related To Deferred Maintenance
The City regularly projects its costs for repair, maintenance, and rehabilitation of pavement resulting from degradation due to use. These projections, and the basis for them, are documented in the City’s PMS Report and back up. Per the PMS Report back up as provided by City staff, deferred pavement

3 Our analysis accounts for the distribution of vehicles among the 13 Federal Highway Administration vehicle classifications, which include passenger cars, SUVs/pick-ups, buses, and multiple truck and truck/trailer axle combinations.
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Methodology & Calculations
City of Eastvale | Solid Waste Cost and Property Use Charge Study – R3 Report 10 of 18 maintenance on the City’s streets4 (which is the result of degrading pavement conditions associated with the impacts of vehicles and that is not funded for repair during the planning term) is projected to increase by $2,580,000 annually between 2026 and 2030.5

Deferred maintenance is the result of impacts to pavement that should be subject to repair or rehabilitation, but for which such repair or rehabilitation is not planned due to funding constraints. Though repair or rehabilitation of the deferred maintenance impact is not planned, the pavement condition is impacted, in part due to solid waste collection vehicles, and the City must address the deferred maintenance eventually. If deferred maintenance were never to be funded and addressed via repair and rehabilitation, pavement conditions would degrade to the point of being unnavigable by vehicles.

Axle Loading
Our methodology for calculating the proportionate amount of pavement maintenance, and rehabilitation impacts for the Contractor’s vehicles is grounded in the fact that all vehicles, including solid waste collection vehicles, degrade pavement during use. Measurement of that impact – also known as “vehicle loading” – can be estimated, quantified, and expressed as an Equivalent Single Axle Load (ESAL), which is a function of the vehicle’s weight and the distribution of that weight over the vehicle’s axles.

It is important to note that heavier vehicles (including solid waste vehicles) have more impacts on pavement and have a higher vehicle loading ESAL value. It is also important to note that ESAL values are associated with vehicle loading only, and not the speed of the vehicle; it is therefore assumed that relative ESAL values between vehicle types are based on vehicles travelling at the same rate of speed. For this analysis, R3 used the vehicle categories and average ESAL values shown in Table 5, below. Table 5 explains and cites supporting information for how the ESAL for each vehicle type was determined. It should be noted that solid waste collection vehicles are much heavier than most other typical vehicles on City roadways.

Table 5: ESAL Value Assumptions by Vehicle Type
Vehicle Type ESAL
Value Source
Automobiles (Passenger Cars) 0.0008
AASHTO (American Association of State Highway and
Transportation Officials) Design Guide with ESALs by
Vehicle Type
Average of All Other Trucks6 0.1397
Calculated Value Using AASHTO Design Guide with
ESALs by Vehicle Type, Federal Highway Administration
ESALs by Vehicle Type, Comparative Traffic Counts
Solid Waste Vehicle (Garbage) 1.0000
Calculated Values by Type Using Example Axle Weights
and AASHTO Axle Load Equivalency Factors Solid Waste Vehicle (Organics) 1.0000 Solid Waste Vehicle (Recycling) 0.7500

4 Deferred maintenance is planned maintenance that gets delayed and backlogged because of a lack of funding.

Deferred maintenance costs remain on the books until they are funded and the work is completed and recategorized in the City’s PMS Report.
5 Our analysis assumes funding based on the City’s budgeted pavement maintenance costs as presented in the PMS Report Scenario 3.
6 “All other trucks” means all vehicles with high loading and impact on street pavement other than solid waste vehicles, including pickup trucks, vans, box trucks, and a variety of other trucks with a lower average ESAL than solid waste collection vehicles.
176
Methodology & Calculations
City of Eastvale | Solid Waste Cost and Property Use Charge Study – R3 Report 11 of 18 Given the assumed ESAL values in Table 5, a solid waste vehicle collecting garbage has 1,250 times the impact of an automobile. We are aware of other research concluding that the impacts of solid waste collection vehicles may be as high as 8,000-9,000 times the impact of passenger cars; thus, our assumed ESAL of “1” for garbage collection vehicles is on the low end of the range of ESALs for such vehicles.

Speed Impact
Impacts to flexible pavements (which are typical for residential streets) are also influenced by vehicle speeds, with impacts being exponentially higher when a load carrying vehicle is moving at a very slow speed.7 This is demonstrated in Chart 1, below.

Chart 1: Exponential Relationship Between Speed and Pavement Impacts

Unlike typical traffic on residential streets, which tends to travel at or near the posted speed limit (25 miles per hour [mph] in the City), solid waste vehicles slow and stop for collection in front of each household, averaging approximately 4 mph to 8 mph. 8 At these low speeds, and as shown in Chart 1, vehicles have approximately 2.2 to 2.6 times the impact to the pavement than they would travelling only at the 25 mph speed limit.

In this Study, we conservatively assume that solid waste vehicles in the City may be travelling at a faster 10 mph average speed, and we thus assume that the relative impact of speed is a factor of 2, not the higher

2.2 to 2.6 factors corresponding with slower speeds as noted above. We apply this speed factor of 2 as a multiplier to the ESAL loading for solid waste collection vehicles in our analysis of impacts to residential streets only; the factor is not applied to the ESAL loading for arterial and collector streets, as those streets are not typically comprised of flexible pavements, solid waste collection vehicles stop less frequently on those streets (and thus have a higher average speed).

7 Effect of truck speed on the response of flexible pavement systems to traffic loading; International Journal of Pavement Engineering, July 2020; Michael R. S. Mshali and Wynand JvdM. Steyn. 8 Real-world activity, fuel use, and emissions of heavy -duty compressed natural gas refuse trucks; Science of the Total Environment 761, 2021; Gurdas S. Sandhu, H. Christopher Frey, Shannon Bartelt-Hunt, Elizabeth Jones.

0.00 0.50

1.00 1.50

2.00 2.50

3.00 3.50
0 2 4 6 8 10 12 14 16 18 20 22 24 26
Relative Impact
Average Speed (MPH)
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Methodology & Calculations
City of Eastvale | Solid Waste Cost and Property Use Charge Study – R3 Report 12 of 18 Vehicle Passes Per Day
By analyzing the number and type of vehicles (i.e., solid waste collection vehicles, automobiles, and all other trucks) that travel on a street, and the average pavement impacts (measured in ESAL loading) associated with each vehicle type (described in the prior subsection), the total impacts that the pavement will experience can be estimated in a mathematical calculation. Based on City measurements from January 1, 2025 through June 30, 2025 (Traffic Study), the City provided the number of vehicle passes (meaning trips down streets) by type for the two major types of streets. The two types of streets are: high- traffic- volume streets (namely arterial and collector streets) and low-traffic-volume streets (residential streets).

For the low-traffic residential streets, the City Traffic Study indicated 161 vehicle passes per day and 52.7% of residential traffic trips were made by trucks . For arterial and collector streets, the City’s Traffic study indicated 3,576 passes per day with 60.3% of trips made by trucks . Table 6, below, is a summary of the data used in this Study related to average daily vehicles passes and the percentage that are trucks assumptions used in this Study.

Table 6: Vehicle Passes Per Day by Street Type
Street Type Vehicle Passes Per Day Percentage of Vehicle Passes That Are Trucks
Residential 161 52.7%
Arterial and Collector 3,576 60.3%

Vehicle Passes By Vehicle Type
The variables described in the prior subsection provide the overall number of vehicle passes per day, and the percentage of those passes that are trucks. To isolate the vehicle loading impacts to pavement associated with solid waste collection vehicles, we need to determine the number of passes that those vehicles make per day. This is a relatively simple calculation based on the weekly schedule of collections for solid waste collection services.

For the low-traffic residential streets, solid waste collection operations are on a weekly schedule. Since weekly collections are on both sides of the street, each street is driven twice (once in each direction) by a minimum of one of each type of solid waste collection vehicle. For the purposes of this Study, we assume that each solid waste collection vehicle makes two passes per week, or 0.286 passes per day , on residential streets. This value does not account for the fact that some streets are driven on during non- route days so that collection vehicles can access streets on a given route, meaning that the actual average passes per week in the City must be higher than stated above.

Using the lower passes per week is conservative in that it returns a lower result for the street impacts from the Contractor’s solid waste vehicles. For the high-traffic arterial and collector streets, which are primarily commercial, the schedule for solid waste collection can vary. Solid waste collection services may be provided up to five or six times a week for larger waste generators and may be as low as weekly for smaller generators. Additionally, because solid waste generators in commercial areas are not all on the same collection schedules as residential accounts are, vehicles in commercial areas pass over the same streets multiple times to serve accounts with different collection schedules.

For the purposes of this Study, for arterial and collector streets, we assume that solid waste collection vehicles collecting garbage for landfill disposal pass over each street two times per day (once in each direction), while solid waste collection vehicles for organics and recycling pass over each street once per 178
Methodology & Calculations
City of Eastvale | Solid Waste Cost and Property Use Charge Study – R3 Report 13 of 18 day (one half in each direction). Total passes for organics and recycling collection vehicles are less because it is generally the case that service levels for garbage are at least twice those of the corresponding organics or recycling service level. As with the number of passes on residential streets, this value does not account for the fact that some streets are driven on during non-route days so that collection vehicles can access streets on a given route, meaning that the actual average passes per week in the City must be higher than stated above. Using the lower passes per week is conservative in that it returns a lower result for the pavement impacts from the Contractor’s solid waste vehicles.

The number of passes per day for the remaining vehicle types – automobiles and other trucks – are simply calculated as a function of the total number of daily passes, the total number of those that are trucks (based on the percentages discussed in the prior section), and the number of passes for solid waste collection vehicles. For example, for the City’s residential streets, for the 161 passes per day and

52.7% (84.8) of those being trucks, there are 76.1 automobile passes per day (161 x 47.3%). With three types of solid waste collection vehicles each passing 0.286 times per day (as described above), the total passes per day are 0.857 (3 x 0.286). The number of passes for all other trucks is 83.942 (84.8 minus

0.857). Table 7, below, provides a summary of vehicle passes per day by street type.

Table 7: Vehicle Passes Per Day by Vehicle Type and Street Type Vehicle Type Residential Streets Arterial and Collector Streets Automobiles (Passenger Cars) 76.110 1419.497
Average of All Other Trucks 83.942 2,153.206
Solid Waste Vehicle (Garbage) 0.286 1.429
Solid Waste Vehicle (Organics) 0.286 0.714
Solid Waste Vehicle (Recycling) 0.286 0.714
Total 160.910 3,575.560
Percentage of Streets by Type
A final variable that needs to be addressed in the percentage of streets by type. This information is included in the City’s PMS Report, including the relative area by street type, as shown in Table 8, below.

Table 8: Percentage of Streets by Type
Street Type Area (Square Feet) Percentage of Area
Residential 20,571,408 74.2%
Arterial 4,258,980 15.4%
Collector 2,894,760 10.4%
Total 27,725,148 100%

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Methodology & Calculations
City of Eastvale | Solid Waste Cost and Property Use Charge Study – R3 Report 14 of 18 Analysis
Percentage Impact for Solid Waste & Street Sweeping Vehicles by Street Type With the variables for ESAL by vehicle type, the multiplication factor for the relative impacts of speed for solid waste collection vehicles on residential streets, and the number of passes by vehicle type established, we then calculate the relative percentage impact associated with each vehicle type. This is calculated as a function of ESAL multiplied by speed factor (residential streets only) multiplied by the number of weekly passes, with the product being the total vehicle loading pavement impact by vehicle type per week.

Totaling the weekly total vehicle loading by vehicle types yields the total estimated loading experienced by each street type (residential vs. arterial and collector). From there, we calculate the percentage contribution to total vehicle loading for solid waste collection vehicles, which is the total weekly ESAL loading associated with solid waste collection vehicles divided by the total ESAL loading for the street.

Table 9, below, and Table 10, on the following page, show these calculations and the results.

Table 9: Calculation of Solid Waste Pavement Impacts – Residential Streets

A B C D E F
Vehicle Type
Average
ESAL /
Vehicle
(Per Table
5)
Relative
Impact
from
Speed
Passes /
Day /
Vehicle
Type
(Per Table
7)
Passes /
Week /
Vehicle
Type
(C x 7)
Total
Weekly
ESAL
Loading
(A x B x D)
Percent of
Total
ESAL
Loading
(E / 93.51)
Automobiles 0.0008 1x 76.110 532.773 0.43 0.46%
All Other Trucks 0.1397 1x 83.942 587.597 82.09 87.78%
Garbage Vehicles 1.0000 2x 0.286 2.000 4.00 4.28%
Organic Material Vehicles 1.0000 2x 0.286 2.000 4.00 4.28% Recycling Vehicles 0.7500 2x 0.286 2.000 3.00 3.21%
Total 161 1,126 93.51 100%

As shown in Table 9, for the City’s residential streets we calculated the percentage impacts for solid waste vehicles to be 11.76% of total impacts to residential street pavement ( 4.28% plus 4.28% plus 3.21%, with rounding).

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Methodology & Calculations
City of Eastvale | Solid Waste Cost and Property Use Charge Study – R3 Report 15 of 18 Table 10: Calculation of Solid Waste Vehicle Impacts – Arterial and Collector Streets

A B C E F
Vehicle Type
Average
ESAL /
Vehicle
(Per Table 5)
Passes /
Day /
Vehicle Type
(Per Table 7)
Passes /
Week /
Vehicle Type
(B x 7)
Total Weekly
ESAL
Loading
(A x C)
Percent of
Total ESAL
Loading
(E /
2132.319)
Automobiles 0.0008 1419.497 9936.481 7.949 0.37%
All Other Trucks 0.1397 2153.206 15072.439 2105.620 98.75% Garbage Vehicles 1.0000 1.429 10.000 10.000 0.47%
Organic Material Vehicles 1.0000 0.714 5.000 5.000 0.23% Recycling Vehicles 0.7500 0.714 5.000 3.750 0.18%
Total 3,576 25,029 2132.319 100%

For the City’s arterial/collector streets, Table 10 calculates the percentage impact from solid waste vehicles to be 0.88% of the total impacts (0.47% plus 0.23% plus 0.18%, with rounding).

Sources of Pavement Impacts
The City’s projected pavement maintenance repair needs are assumed to include impacts to pavement caused by vehicles and utility cuts. This Study assumes that the impacts of utility cuts on the City’s streets to be 10% of all pavement repair, maintenance, and rehabilitation needs. Thus, this Study allocates 90% of the average annual pavement repair, maintenance, and rehabilitation needs to vehicle impacts.

The 10% assumption for the value of impacts related to utility cuts is, in part, based on experience working in local government street maintenance operations, wherein pavement repair and rehabilitation needs for utility cuts were a fraction of overall pavement repair and rehabilitation needs. The 10% assumption is further informed by the Federal Highway Administration’s Manual for Controlling and Reducing the Frequency of Pavement Utility Cuts 9, which references a case study from the District of Columbia in 1996 wherein “the combined area of the utility cuts in the District was over one percent of the total pavement surface area.” This Study further considers that the costs to repair and rehabilitate pavement that has been impacted by utility cuts is approximately double the costs to repair and rehabilitate pavement without utility cuts

10. Taken together, the 10% assumption for the pavement repair and rehabilitation amount associated with utility cuts used in this Study contemplates up to 5% of pavement service area being affected by utility cuts (nearly five times the area cited in the Federal Highway Administration Manual) at double the repair and rehabilitation costs for pavement not affected by utility cuts. The results of the 10% assumption for the impacts of utility cuts is demonstrated in Table 11, below.

9 https://www.fhwa.dot.gov/utilities/utilitycuts/man01.cfm 10 Analysis of the Impact of Utility Cuts on Rehabilitation Costs in Santa Cruz County, CA ; November 2002; Shahin & Associates Pavement Engineering.
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Methodology & Calculations
City of Eastvale | Solid Waste Cost and Property Use Charge Study – R3 Report 16 of 18 Table 11: Average Annual Pavement Impacts from Vehicles Category Amount of Impacts
from All Sources
Reduction for Utility
Cuts
Amount of Impacts
from Vehicles
Average Annualized
Repair $6,304,628 -10% $5,674,165
Average Annualized
Deferred Maintenance $2,580,000 -10% $2,322,000
Total $8,884,628 -10% $7,996,165

Table 12, below, shows the breakdown of the average annual pavement impacts from all vehicles by street type, using the total from Table 11.

Table 12: Total Pavement Impacts from Vehicles by Street Type Variable Residential Arterial and Collector Total
Percentage of Streets
by Type (From Table 8) 74.2% 25.8% 100%
Total $5,932,967 $2,063,199 $7,996,165
Total Annual Pavement Impacts
Calculating the total annual Pavement Impacts using the variables, estimates, and assumptions from the prior section is a function of multiplication, as shown in Table 13, below.

Table 13: Calculation of Total Pavement Impacts from Contractor’s Vehicles Variables Residential Arterial and Collector
Grand Total
Annual Pavement Impacts
from Vehicles (From
Table 12)
$5,932,967 $2,063,199
Percentage Impacts from
Contractor’s Vehicles
(From Tables 9 and 10)

11.76% 0.88%
Total $697,895 $18,142 $716,037

182

3. FINDINGS & CONCLUSIONS
City of Eastvale | Solid Waste Cost and Property Use Charge Study – R3 Report 17 of 18 Franchise Fee
The FY 2024-25 Fees paid to the City were $1,876,419 and the estimated Fees for FY 2025- 26 are $1,951,868.

R3 calculated estimates of the City’s Costs ($752,470) and Property Use Charges ($1,373,140) based on actual and budgeted cost information provided by the City, and with conservative assumptions for estimated values.

Altogether, the sum of City’s Costs and Property Use Charges calculated by this Study are $2,125,610.

The City’s Costs have been reviewed and confirmed by City staff as being representative of the actual time and costs incurred for these activities. Property Use Charges are proportionately allocated to the Contractor with due recognition of the realities of the Contractor’s operations.

The City’s Costs calculated in this Study are $173,742 (9%) higher than the estimated FY 2025-26 Fees.

The Fees are not more than necessary to cover the City’s costs incurred in managing and administering the Agreement and the sanitation system plus the value of the Contractor’s use of the public right-of-way.

R3 also calculated estimates of the Pavement Impacts from Contractor’s solid waste collection vehicles based on quantifiable impacts from such vehicles. The amount of Pavement Impacts calculated in this Study is $716,037. Pavement Impacts are not considered to be funded by the Fees and are included in this Study for context only. 183

4. RECOMMENDATIONS
City of Eastvale | Solid Waste Cost and Property Use Charge Study – R3 Report 18 of 18 Restate Fees
Currently a portion of the Fees paid by the Contractor to the City are calculated at 12.5% of gross receipts collected from billings in the City. While these payments do not exceed the City’s Costs and Property Use Charges values calculated in this Study, the City would be better served by restating the Fees to be a dollar value instead of a percentage of gross revenues.

We recommend that the City consider amending the Agreement with the Contractor to set the Fees at a dollar value not to exceed the sum of the City’s Costs and Property Use Charges values calculated by this Study.

Annual Adjustments
All values calculated in this Study are in FY 2025-26 dollars. Given that the City’s Costs and Property Use Charges will tend to change over time in response to changing staffing, benefits, and other costs, it would be appropriate for the City to implement an annual adjustment to the Fees.

R3 recommends the City consider including an automatic annual adjustment that would change the Fees in proportion to the percentage change in the Consumer Price Index (CPI).

Sources and Uses Accounting
Currently, the City’s Costs and Property Use Charges are not tied to the Fees in the City’s accounting system. The City could implement project code accounting and/or enterprise fund accounting for the Fees to better track source revenues and their uses. In either case, allocated and/or direct staffing and other costs could be tied to source revenues, while the Property Use Charges could be transferred out for general use.

R3 recommends the City consider implementing sources and uses accounting practices for revenue from the Fees, City’s Costs, and Property Use Charges.

Clarify Contractor’s Special Use of Public Right-of-Way If not already included in the City’s Municipal Code, the City should consider updates to clarify that the Contractor has a special and unique license and right to permit its customers to place containers in the public right-of-way and that the City may charge a fee for that special privilege. The City should also confirm whether container set-out timing (evening prior to collection to end of day on collection day) and other provisions (approved Contractor containers allowed in public right-of-way, approved location for collection in the public right-of-way) in the Code are included in a manner consistent with the City’s interpretation of Contractor’s use of the public right-of-way.

To establish the grant of property use, R3 recommends the City review current City Code to regarding the grant of the right of property use for collection containers to the authorized hauler(s) based on payment of fee imposed by the City (Eastvale City Code section 16.05) and removal of any encroachment exception for waste containers (Eastvale City Code section 12.08).

Periodic Recalculation
Over time, the City’s Costs associated with the Agreement and the sanitation system, the value of Property Use Charges for use of the public right-of-way, and the annualized costs associated with Pavement Impacts from the Contractor’s solid waste collection vehicles may change in ways that vary from the annual change in the CPI. Additionally, changes in City policies, programs, procedures, organization, geopolitical boundaries, laws, regulations, court rulings, and/or other factors may also trigger a need for recalculating fees.

R3 recommends the City consider updating this Study periodically (e.g., every five years) or more frequently, if needed, to recalculate fees in response to other factors. 184

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.8
August 12, 2026
Approval of Agreements with Yunex LLC DBA Yunex Traﬃc for Streetlight Maintenance Services and Econolite Systems Inc. for Traﬃc Signal Maintenance Services and Monument Maintenance Services
Prepared By:

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

1 .

Approve the Maintenance Agreement with Yunex LLC DBA Yunex Traﬃc for Streetlight Maintenance Services in a not-to-exceed amount of $50,000.00 per fiscal year; 2 .

Approve the Maintenance Agreement with Econolite Systems, Inc. for Traﬃc Signal Maintenance Services and Monument Maintenance Services in a not-to-exceed amount of $250,000.00 per fiscal year; and
3 .

Authorize the City Manager to execute all necessary documents including the Agreements.

Summary
The Public Works Department maintains a comprehensive network of City owned and maintained traﬃc signals, streetlights and monuments.

The City maintains 56 signalized traﬃc signal
intersec6ons, including associated safety lights and illuminated street name signs, 2 ﬁre sta6on beacons, 35 speed feedback signs and 2 monuments. Out of the 56 traﬃc signal intersec6ons, 2 are jointly owned with the City's neighboring ci6es. In accordance with the exis6ng maintenance agreements with City of Chino and City of Ontario, the City is responsible for maintaining these signalized intersec6ons.

One traﬃc signal interconnec6on system is currently in opera6on along 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
185
Limonite Avenue, serving 8 exis6ng traﬃc signals. The City of Eastvale owns and maintains approximately 4,323 streetlight poles, comprising a total of 4,357 light ﬁxtures, including 68 Metal Halide Decora6ve lamps, 2 HPS Cobra lamps, and 4,287 LED Cobra lamps. The City owns 2 internally illuminated aluminum monument signs that are solar powered with internal LED illumina6on and battery systems.

Traffic signal
, streetlight, and monument maintenance services play an important role in helping the City meet rou6ne maintenance needs as well as ensure that the City will respond quickly to urgent or unexpected traﬃc signal, streetlight repairs and/or monument repairs. Traﬃc signal maintenance services are essen6al
for ensuring public safety, reducing traﬃc conges6on and extending the lifespan of the City's infrastructure.

Regular, proac6ve maintenance prevents hazardous
malfunc6ons, minimizes emergency repair costs, improves traﬃc ﬂow by reducing idle 6mes, and reduces vehicle-based emissions, amongst other beneﬁts. Streetlight maintenance services are crucial for ensuring public safety, reducing crime, promo6ng ac6ve transporta6on, and improving traﬃc visibility.

These maintenance services help to extend infrastructure lifespan, op6mize energy eﬃciency, and prevent hazards like electrical faults. Maintaining City-owned monuments preserves
cultural and historical assets, enhances community iden6ty and aesthe6cs, promotes economic activity, and reduces long-term costs through proactive maintenance while ensuring public safety.

Background
On April 20, 2026, the City issued Request for Proposals (RFP) No. 26-107EG through the City’s website and online bidding system, PlanetBids, to solicit proposals from qualiﬁed contractors. By the proposal submission deadline of May 19, 2026, the City received six proposals, all of which were determined to be responsive to the RFP speciﬁca6ons and requirements. The following is a summary of vendor participation:

522 Vendors notified
26 Vendors downloaded the bid packet
6 Proposals received

Following a thorough evalua6on of the submiKed proposals in accordance with the evalua6on criteria established in the RFP, staﬀ determined that the proposals iden6ﬁed below represent the best value and are in the City’s best interest to recommend for award:

1. To Econolite Systems Inc. to provide Traffic Signal and Monument Maintenance Services

2. To Yunex LLC
DBA as Yunex Traffic to provide Streetlight Maintenance Services

The Public Works Department relies on rou6ne, on-call, and emergency maintenance services for traﬃc signals, streetlights, and monuments to provide prompt, ﬂexible, and cost-eﬀec6ve responses 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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to issues as they arise. These services help ensure that public roadways remain safe, opera6onal, and well-maintained. Rou6ne and as-needed on-call services address immediate maintenance needs while also suppor6ng long-term preventa6ve measures to enhance system reliability and performance.

Emergency maintenance services are intended to ensure the rapid iden6ﬁca6on, response, and repair of cri6cal failures or damage to traﬃc signals, streetlights, and monument signage systems.

These services are cri6cal and vital to address condi6ons that pose a public safety risk, including but not limited to: electrical hazards, signal outages, structural instability, or equipment damage, and to restore infrastructure to safe and opera6onal condi6ons as quickly as possible. The services being solicited will support public safety, reduce traﬃc conges6on, ensure safe, well-lit and accessible roadways for residents, visitors, and City staff.

Qualiﬁed contractors are used to perform this work to ensure 6mely delivery, adherence to industry standards, and the capacity to respond to both scheduled and emergency needs.

The scope of services includes, but is not limited to:

Initial traffic signal system health check
Monthly, quarterly, semi-annual, and annual routine preventative maintenance for City owned traffic signals
Scheduled repairs and emergency respond services for City owned traffic signals Scheduled repairs for City owned traffic signals
Emergency response services for City owned traffic signals Maintenance of City owned streetlights
Installation/LED retrofit and/or pole tagging services for Cobra head or decorative streetlights LED Procurement
Removal and disposal
Install House-Side Shields (as needed basis)
Record Documents and Update GIS System
Provide a Call Center and Online Work Order Management System Provide a Storage Facility
Provide rou6ne preventa6ve maintenance, scheduled repairs, and emergency responses to monuments and other related equipment
Additional Services as specified by City
Compliance with all Laws at all times
Provide adequate Traffic Control at all times

All work will be performed in accordance with City of Eastvale Standards, WATCH Manual (Latest
Edi6on), Manual of Uniform Traﬃc Control Devices (MUTCD) and State and Federal Regula6ons ,
Standard Speciﬁca6ons for Public Works Construc6on, 2024 Edi6on (Standard Speciﬁca6ons, Latest Edi6on), any referenced Special Provisions, Riverside County Transporta6on Department Improvement Standards and Speciﬁca6ons, latest edi6on, and subsequent amendments, and the California Department of Transporta6on Standard Plans and Speciﬁca6ons, Latest Edi6on (State Standards)
and/or other speciﬁca6ons as deemed appropriate and applicable by the City of Eastvale Public Works Department.

Each of the proposed agreements will be for
one, three (3) year period with provisions for two (2) 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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addi6onal one (1) year renewal op6ons, upon mutual agreement con6ngent upon City Council approval, or City Manager authoriza6on, as appropriate.

The total term of the awarded agreement
shall not exceed ﬁve (5) years.

The Agreement with Yunex LLC DBA Yunex Traﬃc will be for a not-to- exceed amount of $50,000.00 per ﬁscal year and the Agreement with Econolite Systems, Inc. will be for a not-to- exceed amount of $250,000.00 per fiscal year.

Expenditures will be controlled via budget and an individual purchase order for each vendor. The execu6on of this item will con6nue to support the City’s commitment to preserving roadway safety and enhancing the overall condi6on and reliability of its transporta6on infrastructure through the provision of ongoing, on-call maintenance and repair services for streetlights, traﬃc signals, and monuments.

Analysis
N/A
Environmental
Per the California Environmental Quality Act (CEQA) Guidelines Sec6on 15301, the award of this Traﬃc Signal Maintenance and Streetlight Services is Categorically Exempt (Class 1) from CEQA as it is for maintenance purposes only.

Strategic Plan Action - Priority Level: 2
| Target #: F
| Goal #: F
This ini6a6ve supports the City’s commitment to roadway safety and proac6ve infrastructure management.

Fiscal Impact
Total ﬁscal impact for this item is $300,000 annually. The Agreement with Yunex LLC DBA Yunex Traﬃc will be for a not-to-exceed amount of $50,000.00. The Agreement with Econolite Systems, Inc. will be for a not-to-exceed amount of $250,000.00. Each respec6ve contract is per ﬁscal year during the ini6al three-year term, with pricing remaining ﬁrm throughout this period. The City may extend the contract with the same or more limited scope of required services for two (2) addi6onal one (1) year periods, upon mutual agreement and upon approval by City Council, City Manager, or City AKorney authoriza6on, as appropriate.

Expenditures will be controlled via budget and
individual purchase orders for each vendor.

Subject to budget approval and available funding, the
majority of expenditures will be charged to accounts: 100-510-6439 ($50,000 General Fund account used for Yunex LLC DBA Yunex Traﬃc) and 200-510-6438 ($250,000 Gas Tax account used for Econolite Systems, Inc.). Both accounts have adequate budget available for these agreements in the fiscal year 2026-27.

Prior City Council/Commission Action
None
Attachment(s)
Attachment 1 - Econolite Agreement

Attachment 2- Econolite_Exhibit C Compensation
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Attachment 3 - Yunex Agreement

Attachment 4 - Yunex_Exhibit C Compensation

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1 AGREEMENT FOR TRAFFIC SIGNAL AND MONUMENT MAINTENANCE SERVICES

BETWEEN

THE CITY OF EASTVALE, CALIFORNIA
AND
ECONOLITE SYSTEMS, INC.

This Agreement for Traffic Signal and Monument Maintenance Services (“Agreement”) is entered into as of August 13 , 2026 (“Effective Date ”) between the City of Eastvale, a municipal corporation (“ City”) and Econolite Systems Inc. , a corporation, incorporated in the State of California (“Contractor”) (collectively the “Parties”). In consideration of the mutual promises and covenants made by the parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

SECTION 1. SCOPE OF SERVICES

1.1 Term. Subject to the provisions of Section 8 [Termination] of this Agreement, the term of this Agreement shall commence on the date first ascribed above and terminate on June 30, 2029. Prior to the expiration of the Term, the Parties may agree, in writing, to extend the Term for up to two (2) additional one (1) year periods, for a total term not to extend past June 30, 2031. City Council prior approval shall be required for the City to agree to any extension of the Term.

1.2 Contractor Services. Subject to the terms and conditions of this Agreement and Request for Proposals (RFP) No. 26- 107EG, Contractor agrees to perform for City those services specified in the Scope of Services attached hereto and incorporated herein by reference as Exhibit “A” [Scope of Services] (“ Services”).

Contractor agrees to furnish, for the compensation pr ovided for herein, all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perform and complete the Services. The Services shall be subject to inspection and approval by City. Contractor agrees to work closely with City staff in the performance of the Services and shall be available to City’s staff and consultants at all reasonable times.

1.3 Extra Work . Contractor shall not be compensated for any work or services rendered in connection with its performance of this Agreement, which are in addition to or outside of the Services (“ Extra Work”), except as expressly provided for herein. It shall be Contractor’s responsibility to ensure that the scope and price of any Extra Work to be performed by Contractor is approved by City in writing in advance of Contractor’s commencement of the Extra Work in accordance with Section 9.10 [Amendments] and Section 9.19 [Administration and Implementation]. City shall not be obligated to pay for or otherwise be liable for unauthorized Extra Work performed by Contractor.
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2 1.4 Schedule of Performance . Contractor agrees to diligently perform and complete the Services in accordance with the schedule of performance attached hereto and incorporated herein by reference as Exhibit “B” [Schedule of Performance] (“Schedule of Performance ”). Modifications to the Schedule of Performance must be agreed upon in writing in advance by the City Manager pursuant to Section 9.19 [Administration and Implementation] and Contractor.

1.5 General Warranty. Contractor warrants all Services under this Agreement (which for purposes of this Section shall be deemed to include unauthorized Extra Work which has not been removed and any non- conforming materials incorporated into the Services) to be of good quality and free from any defective or faulty material and workmanship. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Services, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City.

1.6 Repair of Defects. Contractor agrees that for a period of one (1) year from and after final acceptance of the Services, or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Services, whichever is later, Contractor shall within ten (10) days after being notified in writing by City of any defect in the Services or non- conformance of the Services, commence and prosecute with due diligence all work and services necessary to fulfill the terms of the warranty at its sole cost and expense. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work, facilities, fixtures, or materials damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective Services. For any Services so corrected, Contractor's obligation hereunder to correct defective Services shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected Services. Contractor shall perform such tests as City may require to verify that any corrective actions are adequate to remedy the defective condition. In the event that Contractor fails to perform its obligations under this Section to the reasonable satisfaction of City, then City shall have the right to correct and replace any defective, non-conforming, or damaged Services at Contractor's sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.

1.7 Contractor’s Representative . Contractor hereby designates the representative named in Exhibit “D” [Representatives], or his or her designee, to act as its representative for the performance of this Agreement (“ Contractor’s Representative”). Contrac tor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
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3 1.8 Contract Documents. The following documents shall be referred to collectively as the "Contract Documents," each of which is incorporated into and made part of this Agreement by reference:

Approved and fully executed change orders (if any)
Addenda (if any)
This Agreement
All exhibits to this Agreement
Amendments to this Agreement
RFP No. 26-107EG
Addenda to RFP documents
Proposal submission forms (including Contractor’s Narrative and Cost Proposals, and any Requests for Clarifications and Best and Final Offers) Payment and Performance Bonds, if required

The Contract Documents are intended to be complementary, and a requirement in one document is as effective as if it appeared in all of the Contract Documents. In the event of a conflict between any of the Contract Documents, the documents shall be given effect in the order set forth above (from top to bottom).

SECTION 2. COMPENSATION AND METHOD OF PAYMENT

2.1 Compensation. City shall pay to Contractor for non- disputed Services rendered the compensation set forth in Exhibit “C” [Compensation] attached hereto and incorporated herein by reference. T otal compensation to Contractor for the Services shall not exceed the total price or “not to exceed” amount set forth in Exhibit “C,” without the prior written approval of City in accordance with Section 9.10 [Amendments] and Section 9.19 [Administration and Implementation].

2.2 Payment of Compensation. Contractor shall submit periodic (monthly or quarterly as specified in Exhibit “C”) invoices together with an itemized statement of Services provided. The statement shall describe the Services provided, the percent of work completed by item, together with such other reasonable detail and supporting documentation as may be required by the City Manager, or his/her designee. City will review the statement and pay, with the exception of any charges for work performed or expenses incurred by Contractor which are disputed by City, within 30 days of receiving such statement, all approved charges thereon. Payment by City shall release City from any further obligation for payment to Contractor, for Services performed or expenses incurred as of the date of the invoice. Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defect in work performed by Contractor.

SECTION 3. RESPONSIBILITIES OF CONTRACTOR

3.1 Control and Payment of Subordinates; Independent Contractor .

Contractor agrees that all Services shall be performed by Contractor or under its supervision. The personnel performing the Services under this Agreement on behalf of 192

4 Contractor shall at all times be under the Contractor’s exclusive direction and control.

Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City.

Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, healthcare or any other benefits which may otherwise accrue to City’s employees.

Contractor expressly waives any claim Contractor may have to any such rights.

Contractor shall make payments promptly, as due, to all persons supplying labor or materials for the Services. Contractor shall not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished for the Services. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person as such claim becomes due, City may pay such claim and charge the amount of the payment against funds due or to become due the Contractor. The payment of the claim in this manner shall not relieve Contractor or their surety from obligation with respect to any unpaid claims.

3.2 Standard of Care and Licenses. Contractor agrees that all Services shall be performed in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and warrants that it, its employees and subcontractors shall have sufficient skill and experience to perform the Services and that it, its employees and subcontractors have all licenses, per mits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained in good standing throughout the term of this Agreement.

3.3 Required Corrections. Contractor shall perform, at its own expense and without reimbursement from the City, any work necessary to correct errors or omissions that are caused by the Contractor’s failure to comply with the standard of care provided for herein.

3.4 Law and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services.

3.5 Safety. Contractor shall perform the Services, and maintain its work area, so as to avoid injury or damage to any person or property and shall otherwise exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. 193

5 3.6 Labor Code and Prevailing Wage Requirements.

3.6.1 Apprenticeable Crafts . To the extent applicable, Contractor shall comply with the provisions of Section 1777.5 of the Labor Code with respect to the employment of properly registered apprentices upon public works.

3.6.2 Hours of Work . Contractor shall comply with the legal days work and overtime requirements of Section 1813 of the Labor Code.

3.6.3 Payroll Records . In accordance with the requirements of Labor Code Section 1776, Contractor shall keep accurate payroll records which are either on forms provided by the Division of Labor Standards Enforcement or which contain the same information required by such forms. Contractor shall make all such records available for inspection at all reasonable hours.

Contractor acknowledges that the Services are being performed as part of an applicable “Public Works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and Contractor agrees to fully comply with such Prevailing Wage Laws . City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and any location where the Services are performed.

3.7 Equal Opportunity Employment . Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant , in any way, in the employment of persons to perform the Services in violation of any federal or state law prohibiting discrimination in employment, including based on the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, of any person, except as provided under California Government Code section 12940.

SECTION 4. INDEMNIFICATION

6 and Expenses which arises out of, or are in any way related to, any act or omission of Contractor, or its officers, directors, employees, agents, or contractors, connected with the performance or failure to perform under this Agreement, notwithstanding that City may have benefited therefrom, or any challenge to this Agreement. This Section shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Contractor’s officers, directors, employees, agents and contractors, including but not limited to acts or omissions in any way related to, the release, treatment, use, generation, transportation, storage, or disposal in, on, under, to, or from the location at which work under this Agreement is performed of any Hazardous Substances by Contractor or its officers, directors, employees, agents, and subcontractors. The Parties expressly agree that any payment, or Costs and Expenses City incurs or makes to, or on behalf of, an injured employee under City’s workers’ compensation or other insurance, is included as a loss or Costs and Expenses for the purpose of this Section. City shall not be responsible for any acts, errors or omissions of any person or entity except City and its officers, agents, servants, employees or contractors. The Parties expressly agree that the obligations of Contractor under this Section shall survive the expiration or early termination of the Agreement.

4.2 Action. For purposes of this Agreement, “Action” shall mean any suit (whether legal, equitable, or declaratory in nature), proceeding or hearing (whether administrative or judicial), arbitration or mediation (whether voluntary, court -ordered, binding, or non- binding), or other alternative dispute resolution process, and the filing, recording, or service of any process, notice, claim, demand, lien, or other instrument which is a prerequisite or prelude to commencement of the Action.

4.3 Costs and Expenses . For purposes of this Agreement, “ Costs and Expenses” shall mean all costs and expenses, to the extent reasonable in amount, actually and necessarily incurred by a Party in good faith in the investigation, prosecution or defense of an Action, including, but not limited to, court costs, filing, recording, and service fees, copying costs, exhibit production costs, special media rental costs, attorney’s fees, consultant fees, fees for investigators, witness fees (both lay and expert), travel expenses, deposition and transcript costs, and any other costs or expenses, the award of which a court of competent jurisdiction may determine to be just and reasonable.

7 Reauthorization Act, 42 U.S.C. §6901, et seq.; the Clean Air Act, 42 U.S.C. §7401, et seq.; the Safe Drinking Water Act, 42 U.S.C. §300f, et seq.; the Solid Waste Disposal Act, 42 U.S.C. §6901, et seq .; the Surface Mining Control and Reclamation Act, 30 U.S.C. §1201, et seq .; the Emergency Planning and Community Right to Know Act, 42 U.S.C. §11001, et seq .; the Occupational Safety and Health Act, 29 U.S.C. §§655 and 657; the Hazardous Waste Control Act, California Health and Safety Code (“H.&S.C.”) §25100, et seq.; the Hazardous Substance Account Act, H.&S.C.§25330, et seq .; the California Safe Drinking Water and Toxic Enforcement Act, H.&S.C. §25249.5, et seq .; the Underground Storage of Hazardous Substances , H.&S.C. §25280, et seq. ; the Carpenter-Presley-Tanner Hazardous Substance Account Act, H.&S.C. §25300, et seq.; the Hazardous Waste Management Act, H.&S.C. §25170.1, et seq .; the Hazardous Materials Response Plans and Inventory, H.&S.C. §25001, et seq.; the Porter -Cologne Water Quality Control Act, Water Code §13000, et seq ., all as they may from time to time be amended; and
b. any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liabili ty for misuse arises pursuant to any other federal, state or local statute, law, ordinance, resolution, code, rule, regulation, order or decree due to its hazardous, toxic or dangerous nature.

SECTION 5. RECORDS AND DOCUMENTS

5.1 Accounting Records.

5.1.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all expenses incurred under this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the Services provided by Contractor pursuant to this Agreement. All such records shall be clearly identifiable.

5.1.2 Inspection and Copying. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. At no cost to City, Contractor shall provide copies of such documents or records directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor’s address indicated for receipt of notices in this Agreement.

8 completion, expiration or termination of this Agreement, Contractor shall turn over to City all such original maps, models, designs, drawings, photographs, s tudies, surveys, reports, data, notes, computer files, files and other documents SECTION 6. INSURANCE

6.1 Maintenance of Insurance. Prior to the beginning of and throughout the term of this Agreement, Contractor will maintain insurance in conformance with requirements established by City for the type of Services being performed. Contractor acknowledges that prior to the Effective Date of this Agreement, City provided to Contractor the applicable insurance requirements, a copy of which are attached hereto as Exhibit “F ” [Insurance]. Contractor acknowledges that the insurance coverage and policy limits required under Exhibit “F” constitute the minimum amount of coverage required. Any insurance proceeds in excess of the limits and coverage required in this Agreement and which are applicable to a given loss, will be available to the City.

6.2 Subcontractors Insurance . Contractor agrees to ensure that subcontractors, and any other party involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor.

Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review upon the City’s request.

6.3 Modification of Insurance Provisions . The City Manager may make reasonable amendments to the insurance requirement s of this section, with the written concurrence of the Finance Director or Risk Manager, in accordance with Section 9.19 [Administration and Implementation] after considering the Scope of Services, potential liabilities, and the required level of insurance to adequately protect the City.

SECTION 7. BONDS

7.1 Performance and Payment Bonds . If required by law or specifically required by City as set forth in Exhibit “E” [Bonds Required], attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with Contractor’s execution of this Agreement, but in no event later than the Effective Date of this Agreement, a Performance Bond and/or a Payment Bond in the amount of the total, not -to-exceed compensation indicated in Exhibit C, and in a form provided or approved by the City.

9 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 i s increased in accordance with the Agreement, the Contractor shall, without further notice from City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety.

7.3 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California- admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California -admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

SECTION 8. TERMINATION.

8.1 Termination by City. City may, by written notice to Contractor, terminate with or without cause, and without any prior notice of default or right to cure by Contractor, the whole or any part of this Agreement at any time and by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least five (5) days before the effective date of such termination. Upon terminati on, Contractor shall be compensated only for those non- disputed Services that have been adequately rendered to City, and Contractor shall be entitled to no further compensation.

8.2 Termination by Contractor . Contractor may, by written notice to City, terminate this Agreement based upon City’s failure to timely cure a default under this Agreement as provided herein. At least forty -five (45) days prior to termination, Contractor shall provide City with a written notice specifying City’s alleged default and providing City with a forty -five (45) day period to cure the default. Should City timely cure such default, the Agreement shall continue. Should City fail to timely or adequately cure such default, Contractor may terminate this Agreement by issuance of written notice to City.

SECTION 9. GENERAL PROVISIONS

9.1 Assignment or Transfer . Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 198

10 9.2 Loss and Damage . Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.

9.3 Liquidated Damages . The Parties agree that City has a legitimate interest in ensuring that Contractor provides the Services (including performance of all duties and responsibilities) required under this Agreement in a consistent and reliable manner, and that Contractor’s failure to timely provide such Services or to provide them in an inadequate manner will cause City to suffer damages and that it is, and will be, impractical and extremely difficult to ascertain and determine the exact amount of damages or to calculate actual damages. Therefore, in addition to City’s right to treat such non- performance as a material breach of, and to terminate, this Agreement, the Parties agree that liquidated damages, as provided herein, repr esent a reasonable estimate of the monetary damages that reasonably could be anticipated and that proof of actual damages would be costly or impractical. The Parties sp ecifically confirm the accuracy of the statements made above and the fact that each Party has had ample opportunity to consult with legal counsel and obtain an explanation of the liquidated damage provisions at the time that the Agreement was made. Therefore, in lieu of actual damages, Contractor is subject to payment of $500 per failure to perform, per day. City may, at its election, deduct any assessed liquidated damages from payment due, or that will become due, to Contractor from City.

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

9.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of the Agreement.

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

11 Contractor and City prior to the execution of this Agreement. No statements, representations or other agreements, whet her oral or written, made by any party which are not embodied herein shall be valid and binding.

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

9.9 Prohibited Interests. Contractor represents and warrants that it h as not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.

9.10 Amendments. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contractor and City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Eastvale Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for amendments or modifications to be in writing cannot be waived and that any attempted waiver shall be void.

9.11 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

9.12 Delivery of Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be given to the respective parties at the email addresses or physical addresses listed in Exhibit “D”, or at such other address as the respective parties may provide in writing for this purpose. Such notice shall be deemed made when emailed or personally delivered or forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

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

12 violation of any provision of this Agreement. Acceptance by City of any Services by Contractor shall not constitute a waiver of any of the provisions of this Agreement.

9.15 Attorney’s Fees, Costs and Expenses. In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorney’s fees and Costs and Expenses, in addition to any other relief to which it may be entitled.

9.16 Subcontracting. Contractor shall not subcontract any portion of the Services, except as expressly stated herein, without prior written approval of City.

Subcontracts, if any, shall contain a provision making them subject to all provisions of this Agreement.

9.17 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

9.18 Authority to Execute. The person or persons executing this Agreement on behalf of Contractor represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Contractor to the performance of its obligations hereunder.

9.19 Administration and Implementation. This Agreement shall be administered and executed by the City Manager or his or her designated representative.

The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with the City Manager’s contracting authority under the Eastvale Municipal Code.

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13 IN WITNESS WHEREOF , the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF EASTVALE ECONOLITE SYSTEMS, INC.

________________________________ ______________________________ Mark Orme, City Manager By: Avishek Basu
Its: VP, Finance and Treasurer
ATTEST:

________________________________
Marc Donohue, City Clerk
APPROVED AS TO FORM:

________________________________
Erica Vega, City Attorney

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

ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )

On ____________________, 20__, before me, , Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared , Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL

Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.

CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's
Name:

¨ Individual
¨ Corporate Officer

Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Date Of Document

Signer(s) Other Than Named Above
203

ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )

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

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL

Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.

CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's
Name:

¨ Individual
¨ Corporate Officer

Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Date Of Document

Signer(s) Other Than Named Above
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EXHIBIT “A”

SCOPE OF SERVICES

Consultant/Contractor shall perform services as described below.

1) TRAFFIC SIGNAL MAINTENANCE AND REPAIR SERVICES

a) GENERAL REQUIREMENTS
i) The Contractor shall furnish all tools, equipment, apparatus, facilities, labor, services, and materials, and perform all work necessary to provide, in a good and workmanlike manner, routine preventive maintenance, scheduled repairs, and emergency responses to traffic signal system including traffic signals, traffic signal equipment, ﬂashing beacons, and other related equipment in compliance with currently Caltrans and City used standards and speciﬁcations. ii) The Contractor should anticipate receiving requests for maintenance services outside of the Contractor’s normally scheduled preventative maintenance program. These requests for services may be received by telephone, written correspondence, other electronic means of communication (email, text message and/or City’s citizen reporting portal), or by a City-issued work order. Requests for services may originate from various sources. Contractor shall maintain 24- hour response capabilities to effectively address and respond to requests for services. All requests shall be addressed by an appropriate, timely response as outlined in these speciﬁcations. If the Contractor is called out by City personnel other than the Engineering Division, such as the Riverside County Sheriff’s Office, Contractor shall notify the City’s Project Manager, or their representative(s) via email, phone, or text. iii) The Contractor shall assign only fully qualiﬁed personnel in the performance of this contract. Level II IMSA technician(s) will provide support for day-to-day maintenance and emergency response. The Level III IMSA technician will provide support services for advanced troubleshooting, oversight, and complex failures. Certiﬁcation must be always held in good standing and be maintained current throughout the entire duration of the contract.
iv) The Contractor shall maintain adequate storage and shop facilities and sufficient stock of spare parts and signal equipment to affect maintenance to the signals at its sole expense and responsibility. The 205

Contractor shall maintain at least one fully tested standby controller that is compatible with the City’s system. The Contractor will own and maintain all spare parts until installation in the City. v) New equipment installed by the Contractor shall be covered with a material and workmanship warranty for one (1) year after acceptance by the City. Where parts or materials become defective during this warranty period, the Contractor shall notify the City so that the warranty may be exercised. The Contractor shall be responsible for exercising maintenance and replacement covered by the warranty. No additional or separate compensation shall be paid for warranty service work. At expiration of the warranty, servicing of traffic signals shall be performed in accordance with this contract.
vi) The Contractor shall not represent the City in matters of policy or procedures under this contract, shall not make any reference to City policy or procedures, and shall refer all questions or inquiries from the public regarding policy and procedures, or terms and conditions of this contract to the City.
vii) The Contractor will be required to maintain any additional traffic signals, streetlights, and appurtenant devices as they are installed, or become a part of the maintenance requirement to the City at the applicable cost for preventative maintenance and scheduled repair at proposed unit rates for other maintenance as for existing traffic signals, streetlights, speed radar feedback signs, and ﬂashing beacons, commencing on the date of acceptance of the installation. viii) If requested by the City, the Contractor shall mark all traffic signal conduits and interconnect/communication conduits. The City will monitor notiﬁcations submitted by Underground Service Alert (USA) to the City, and will furnish appliable notiﬁcations to the Contractor to coordinate markings that may be scheduled for excavations. The Contractor shall monitor and track the marking of any affected intersection and record the action in the controller cabinet, with a copy provided to the City.
ix) Adjacent improvements such as street pavement, curbs, sidewalks, sprinklers, landscaping, hardscaping, driveways, and gutter damaged as a result of the Contractor’s operation shall be repaired to the satisfaction of the City Engineer or representative at the Contractor’s expense.
x) All work performed or equipment/parts supplied by the Contractor shall be subject to the inspection and approval of the City’s representative.
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xi) Meetings may be required for the purpose of discussing contract provisions, problems and/or issues and ensuring that the work is proceeding as per the contract documents. The Contractor will be notiﬁed in advance and required to attend and participate in these meetings with City staff as needed. These meetings will be called by the City Engineer or their authorized representative. Full compensation for attending these meetings shall be considered as included in the various items of work and no additional compensation shall therefore be allowed.

b) TRAFFIC SIGNAL MAINTENANCE REQUIREMENTS

i) Initial Traffic Signal System Health Check
Upon commencement of this contract, the Contractor shall perform a traffic signal health check at each intersection. The objective is to determine whether or not the traffic signal system is operating at its full potential. A secondary objective of this health check is to assist the City in planning for future maintenance and upgrade needs by identifying existing components that are not consistent with current industry standards and/or subject to equipment failure and need for repair.

Contractor shall provide City a report that summarizes the initial traffic signal system health check with recommendations to maintain system operations and prevent future maintenance and performance issues.

The report should include an inventory of the equipment in the controller cabinet at each location. The report shall also note any discontinued equipment currently deployed. Items to be checked include:
• Inventory of the equipment, including the following information:
o model manufacturer
o serial number
o software version, if applicable
o quantity of each piece of equipment
o installation date
o photos
• Age and operation of traffic controller (includes screen, buttons, lights)
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• Age and operation of conﬂict monitor
• Age and operation of detector outputs
• Check inductance of traffic loops
• Check splices of electrical wires in pull box and at terminal boxes • Check splices of DLC in pull box or hand holes
• Check electrical wire inputs and outputs in traffic cabinet • Check cabinet ﬁlter and fan
• Check BBS operation, including battery life and inverter Contractor shall submit a draft version of the Initial Traffic Signal System Health Check Summary Report for review by the City within ninety (90) days from the date of Notice to Proceed. The City shall review the draft report and, if deemed incomplete, provide a written response to the
contractor with a description of the basis of the determination that the report is incomplete within thirty (30) days from the date the City receives the draft report. Contractor shall submit a ﬁnal report (if incomplete) with all required corrections within thirty (30) days from the date the City provides its response.
• Payment for the Initial Traffic Signal System Health Check shall be approved by the City based on the submittal of an invoice requesting payment with the ﬁnal and complete Initial Traffic Signal System Health Check Summary Report
attached.

ii) Routine Preventative Maintenance Program and Schedule Contractor shall provide a comprehensive routine preventive maintenance program designed to minimize outages and malfunctions; reduce complaints; and extend the useful life of the traffic signal equipment on a monthly cycle unless noticed otherwise. Additionally, Contractor shall provide a preventative maintenance schedule to the City. An example would be preventative maintenance to occur on the ﬁrst Wednesday every month. Every month, the Contractor shall provide the following services at each traffic signal location listed herein.
(1) Walk the intersection and visually inspect the following for proper 208

operation:
• controllers.
• all vehicular and pedestrian signals.
• all illuminated street name sign
• all vehicular traffic signal heads and pedestrian heads for alignment, broken lenses, burned out lamps, and
any missing parts
• all safety lights
• all ﬂashing beacons
• all speed radar feedback signs
(2) Check and actuate each pedestrian push button and audible equipment for proper operation.
(3) Remove any easily removable, unauthorized signs, stickers and posters and note any graffiti existing on signal poles or equipment. Notify City immediately of any graffiti observed on traffic signal equipment.
(4) Manually place vehicle and pedestrian calls on each phase through the cabinet test switches or the controller keypad to verify controller servicing of each active phase. Check controller logs for any faults that have occurred and make notes for the ﬁle.

Verify signal timing is current with timing sheet in cabinet. Verify time and dates are correct in any conﬂict monitor unit
(CMU/MMU) with an internal clock. CMU shall be tested at least once per year.
(5) Check controller time clock and dates for drift and reset on each preventative maintenance round. In addition, all signal controller time clocks and yellow ﬂashing beacons shall be reset within forty-eight (48) hours of changes from Paciﬁc Standard Time to Daylight Savings Time, and vice versa.
(6) Observe and check for proper operation of detector loops and ampliﬁers. Check all detector loops for sealant deterioration, exposed wire, etc. Adjust detector ampliﬁers and correct substandard splices as necessary. For intersections with video detection, verify camera operation by monitoring the vehicle call on the video controller unit, and verify the calls going to the detector call page in the controller. Verify that video detection camera lenses, and CCTV domes/enclosures are clean and the video processor system is operable.
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(7) Check equipment displays and indicators. Verify that all LED and LCD displays and indications on all cabinet equipment is working properly.
(8) Test any pre-emption devices for proper operation (if equipped). (9) Inspect all relays, switches, and terminals and replace or make adjustments as necessary. Check that each plug-in
component ﬁts tightly and securely.
(10) Check controller cabinet mounting. Check the snugness on the anchor bolts and tighten if necessary. Be sure not to distort the cabinet door opening by overtightening.
(11) Check controller cabinet foundation seal. If evidence of water is present in the bottom of the cabinet, check the seal for deterioration and report the need to reseal the cabinet foundation. (12) Check controller cabinet door gaskets and other enclosures for evidence of moisture or deterioration. Report to the City the need to replace gasket(s) showing signs of leaking or
deterioration.
(13) Check cabinet fan for proper operation and verify cabin fan thermostat is set at 96 degrees.
(14) Clean and thoroughly vacuum cabinet. Blow or brush off shelves, terminal blocks, and components.
(15) Check air ﬁlters. Filters shall be replaced in all cabinets so equipped every six (6) months. Filter replacement shall be noted on the log stored in the traffic signal cabinet.
(16) Check cabinet hinges, locks, and Police Cabinet Switch lock for proper operation. Lubricate all hinges and locks with appropriate lubrication on each preventative maintenance round. Check for the free movement of all doors, latching assemblies, and locks on the controller cabinet, service cabinet, and any other enclosures.

Spray with a minimum amount of oil and wipe off any excess. (17) Check cabinet interior light for proper operation. (18) Check for signs of insect or rodent infestation. Check for signs of ants, wasps, or other insects or rodents within the cabinet.

Use appropriate insect sprays, traps or powders if any positive signs of infestation are discovered. More serious problems should be reported to the City’s representative.
(19) Check Ground Fault Circuit (GFCI). Verify the proper operation of the “Test” and “Reset” buttons on GFCI type outlets.
(20) Check Service Connections. Verify the neutral,
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ground, and power connections are secure in the
controller and service cabinets.
(21) Quarterly, inspect battery back-up system (if equipped) to ensure unit is fully charged. Check all battery connections to ensure they are clean and secure. Oil battery terminals with approved battery oil to reduce corrosion potential. Check battery backup display for AC IN, UPS OUTPUT, and INVERTER indications. All should be on when utility power is supplied to the cabinet. Also, check battery level and load level displays. Test batteries quarterly. Make note if either is out of range. Keep records of events recorded and total battery run time between maintenance checks to help indicate problem intersections.
(22) Annually inspect and test each traffic signal conﬂict monitor. (23) Check system telemetry on controller display and phone modem (if equipped) located in the cabinet. Report any malfunction to the City’s representative.
(24) Institute a routine night -time check of all safety lights and illuminated street name signs (if equipped) at all signalized intersections and submit a report and an estimate for any repairs necessary to the City for approval. Contractor shall notify the City of their night-time check procedures.
(25) Contractor shall replace or repair any and all defective parts of the signal system which cause the signal failure or malfunction, as the occasion arises, such as the signal controller, master controllers, modems, signal monitor units, push buttons, relays, interconnect, ﬂashers, all kinds of lamp burnouts, detector loops, home run locations, sensing units, video detection camera misalignment, safety lights, illuminated street name sign lights, and wiring system, etc.

The Contractor shall develop and maintain an Inspection Checklist that aligns with the routine preventive maintenance program outlined in this Section. A copy of the Checklist must be stored in the controller cabinet at each intersection. The Checklist shall be fully completed during each routine maintenance inspection, and any time repairs are performed on the controller, related equipment within the cabinet, or any signal equipment at the intersection (e.g., detector loops, pedestrian signals, signal heads, lenses, lamps, and signal poles). A copy shall be submitted to the City every time the list is updated.
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The Contractor shall also maintain a copy of the inventory list of the equipment in the controller cabinet at each location listed in Exhibit III. This list must be continuously updated, with an updated copy submitted to the City every six months or upon request.

A printout of the signal control database shall be stored in each controller cabinet. Any changes to signal timing must be clearly noted on the printout. Timing changes shall only be made with prior authorization from the City’s representative, except in cases where the Contractor must implement temporary changes due to maintenance operations or to ensure proper signal operation during detection failures.Payment for the routine preventative maintenance services shall be
based on ﬁxed-fee shown herein.
iii) Scheduled Repairs
Any deﬁciencies, required repairs, or recommendations identiﬁed during routine preventive maintenance of traffic signal equipment shall be reported to the City. The Contractor may be required to submit a proposal and obtain City approval prior to performing such repairs.

Contractor shall also anticipate receiving requests for maintenance services outside of the regularly scheduled preventive maintenance program. These requests may be submitted via telephone, written correspondence, electronic commnication (email, text message and/or City’s citizen reporting portal), or through a City -issued work order, and may originate from various sources.

All service requests shall be acknowledged within one (1) business day and completed within ten (10) business days, unless otherwise approved by the City.

In addition, the Contractor shall identify, investigate and determine corrective requirements for any reported malfunction, failure, or outage of the traffic signal systems. The equipment and components to be maintained and repaired shall include, but are not limited to the following elements:
• Traffic Signals: Incandescent Lamps, Light Emitting Diode (LED) signal faces, Conﬂict Monitors, Internally Illuminated 212

Street Name Sign Tubes, LED Illuminated Street Name
Signs, Signal Safety Lights, Load Switches, Detector
Ampliﬁers, Transfer Switches, Flasher Switches, Breaker Switches, Ballasts, Starters, Sockets, Fuses, Fuse
Holders, Photoelectric Cells, and Signal and Safety Light Wiring in Poles.
• Speed Radar Feedback Signs: speed radar feedback sign display and controller, power control units, solar panels, batteries, conductors/wiring, sign posts/poles, and electrical service equipment. Replacement of radar feedback sign
display, controller, and solar panel will require approval of City staff prior to replacement.

Scheduled repairs may include assisting the City for special events or for City construction projects, as necessary to implement revised traffic signal timing and phasing for changed traffic conditions. No permanent change shall be made without prior approval of the City. Whenever
equipment is removed, the City representative shall be
notiﬁed by phone and email within twenty-four (24) hours, except weekends and holidays (where the ﬁrm shall wait
until the next calendar day to notify the City representative).

If requested, Contractor shall provide the City with a cost estimate for scheduled repairs not less than ﬁve (5) working days prior to the scheduled beginning of the repairs. The estimate shall be based on a time & materials (T&M) using the rates speciﬁed in this Exhibit . The Contractor shall not begin work on any scheduled repairs until City has approved the estimate for the repairs in writing.

Payment for scheduled repair services will be made on a time and materials basis using the hourly labor and equipment rates for the actual technician and equipment utilized. Materials will be paid at the supplier’s cost plus a markup not -to-exceed 15%.

The Contractor shall provide copies of the supplier’s original written invoice for all materials prior to their installation or use.

Invoices for equipment or materials purchased by the
Contractor will not be approved for paym ent by the City until the equipment or materials are fully installed and functioning 213

as intended. Payment for scheduled repairs shall not exceed the amount approved in the estimate without a written
amendment to the estimate. The City reserves the right to furnish supplies, materials, and install equipment required for performance of the work.
iv) Emergency Responses Services
The Contractor shall provide and maintain emergency services response on a twenty-four (24) hours per day, seven (7) days per week basis (24/7), including all holidays.

The Contractor shall provide the City with a contact name and phone number of personnel responsible for 24/7 services. This telephone number will be made available to all persons designated by the City.

Emergency Response Work may include, but is not limited to the following: downed signal heads, poles, signal on ﬂash, signal blackout, burned out lamps, damaged controller and cabinet, damaged illuminated street name sign, damaged inductive loops, sensing elements, pedestrian push buttons, pe destrian signal heads, wiring, and other operational equipment related issues.

Contractor shall respond immediately to emergency calls. Contractor shall dispatch qualiﬁed personnel and equipment to reach the site within one (1) hour under normal circumstances.

Repair, replace or otherwise render in good working order any and all defective parts of the traffic signal equipment with like make and model parts. Whenever equipment is removed, the City representative shall be notiﬁed by phone and email within twenty-four (24) hours.

Contractor shall cover the cost of replacing any parts to the traffic signal system. The City shall reimburse the Contractor for materials used for repairs, in an amount equal to the cost of the materials including an agreed mark-up price.

Contractor shall notify the City representative in advance of any traffic signal deactivations (by phone and email) that may be required to provide the required services. Traffic signal deactivations shall not be scheduled without the approval of an authorized representative of the 214

City. All traffic signal controller equipment shall be maintained as recommended by the manufacturer.

Upon completion of the emergency work, inform the City that the emergency work has been completed. Prepare estimates show ing the cost breakdown of labor, equipment, and material for replacement of such parts or equipment and submit the information to the City. The estimate shall be based on time & materials (T&M). Payment for emergency response services will be made on a time and materials basis using the hourly labor and equipment rates for the actual technician and equipment utilized.

Materials will be paid at the supplier’s cost plus a markup not-to-exceed 15%. Contractor shall provide copies of the supplier’s original written invoice for all materials prior to their installation or use. Invoices for equipment or materials purchased by the Contractor will not be approved for payment by the City until the equipment or materials are fully installed and functioning as intended.
c) TRAFFIC CONTROL
Contractor shall always provide safe and continuous passage for pedestrian and vehicular traffic. Contractor shall furnish and maintain all warning lights, signs, ﬂares, barricades, delineators, detours and other facilities necessary for the sole convenience and direction of public traffic. All traffic control shall conform to, and be placed in accordance with, the current California Manual on Uniform Traffic Control Devices (CA MUTCD).
• At least one twelve (12) foot travel lane in each direction shall be open to traffic at all times unless otherwise approved by the City Engineer. Not more than one intersecting street shall be closed at any one time without the prior approval of the City Engineer or his authorized representative.
• No lane closures on arterial highways will be permitted between the hours of 8:30 a.m. to 3:30 p.m., unless an emergency situation exists and such a closure is necessary to safeguard the traveling public. Separation between travel lanes, channelization, and delineation of the maintenance area shall be accomplished by the use of delineators and/or cones placed at a maximum of 15 feet on center.
• Maintenance operations shall be conducted in such a manner as to cause as little inconvenience as possible to abutting property 215

owners. Access to driveways, houses, and buildings along the line of work shall be maintained and temporary approaches to crossings or intersecting streets shall be provided and kept in good condition.

No material or equipment shall be stored where it will interfere with the free and safe passage of public traffic. At the end of each day’s work and at other times when maintenance
operations are suspended for any reason, all equipment and other obstructions shall be removed from the portion of the roadway and open it for use by public traffic.
• Pedestrian traffic shall be maintained in a safe manner at all times. Pedestrian and emergency vehicular access shall be maintained to all residences, businesses and manufacturing establishments within the work area.
• Each vehicle used to place and remove components of a traffic control system on multi-lane highways shall be equipped with a ﬂashing arrow sign which shall be in operation when the vehicle is being used for placing, maintaining or removing said components.

The ﬂashing arrow sign shall be in place before lane closure(s) requiring its use is implemented.
• When maintenance is complete, Contractor shall remove all traffic control signs, barricades, delineators, etc., from the site.
• Failure to provide adequate safety devices, as directed by the City Engineer, will cause the City to install safety devices as needed and the cost will be assessed to the Contractor at the City’s actual cost.

The City shall be entitled to offset any costs incurred against the Contractor’s invoice. All costs for traffic control shall be included in the various items of work, and no additional compensation will be allowed.

d) PAYMENT
i) Monthly Activity Report
The Contractor shall provide a computerized monthly activity report to the City each month for the previous month’s activities. Report shall provide a brief description of all preventative maintenance and emergency service activities, and shall be attached to the monthly invoice. No payment will be made without submittal of the report. Report shall include the following:
• Routine Preventative Maintenance: Location, date, and time preventative maintenance was performed.
• Scheduled Repairs: Complete record of all work performed on the traffic signal equipment during the previous month including 216

signal location, date, time, make, model, serial number of major components or other equipment that was installed.
• Emergency Response Work: Signal location, date, time
emergency call was received, time Contractor arrived at signal location, description of the problem, number of hours spent for each repair, equipment and material used.

ii) Payment
The Contractor shall submit separate invoices based on the type of activities performed in the previous month. Routine preventative maintenance and scheduled repairs must be invoiced separately. Each emergency response act ivity shall be invoiced individually. Many traffic signal maintenance activities are funded through the City’s Community Facilities Districts (CFDs) and Landscaping and Lighting Maintenance Districts (LLMDs). The Contractor shall include a summary table on the cover sheet of each invoice, itemizing charges by CFD and LLMD. CFD and LLMD maps are provided in Exhibit IV and Exhibit V, respectively.

2) MONUMENT MAINTENANCE AND REPAIR SERVICES

a) GENERAL DESCRIPTION
i) Contractor shall furnish all tools, equipment, apparatus, facilities, labor, services, and materials, and perform all work necessary to provide, in a good and workmanlike manner, routine preventive maintenance, scheduled repairs, and emergency responses to monuments and other related equipment.
ii) Contractor shall provide routine and as -needed maintenance services for two (2) existing, City -owned, internally illuminated aluminum monument signs. The monuments are solar powered with internal LED illumination and battery systems. Maintenance services provided by the Contractor shall ensure the monuments remain fully operational, structurally sound, clean, safe, and visually consistent with the original design intent. The City may later add more monuments for the Contractor to maintain. In this case, the City will let the Contractor know of the change in quantity of monuments to be maintained and conﬁrm pricing prior to including additional monuments in this contract. The City expects pricing for additional monuments to be consistent with proposed or current contr act pricing, whichever is applicable at the time of any addition of monuments.
217

iii) All work shall be performed in accordance with the approved monument design and speciﬁcations contained in the Monument Speciﬁcations. iv) Each monument includes, but is not limited to, the following components:

• Aluminum monument sign structure (approx. 13 feet tall x 4 feet wide x 4 feet deep)
• Painted aluminum panels (matching PMS 280 Blue and PMS 428 Gray)
• Internally illuminated LED system (approx. 7000K LED
modules)
• Push-through acrylic letters and logos (¾-inch thick with ½-inch reveal) • Internal aluminum framing system
• Solar power system with pole-mounted panels
• Internal battery storage system
• Steel support post (4-inch diameter steel pipe) set in reinforced concrete footing
• Removable service access panels with tamper-resistant hardware • Concrete mow strip at base

b) MONUMENT MAINTENANCE REQUIREMENTS

i) Routine Preventative Maintenance
The Contractor shall maintain the current monuments and any additional monuments that come under the ownership of the City. Routine Preventative Maintenance shall include the following:
• Monthly Maintenance of Two Median Monuments:

The Contractor shall provide routine maintenance services, which may include: Visual inspection of monument structure, panels, and ﬁnishes; inspection of push- through letters, logos, and acrylic faces; Checking integrity of fasteners, access panels, vents, and hardware; Cleaning of exterior surfaces, including painted aluminum and acrylic components; Removal of dirt, debris, graf fiti, or surface staining using non- abrasive methods; Inspection of LED modules for uniform illumination and color consistency; Inspection of solar panels for cleanliness, alignment, and secure mounting.

• Maintenance of electrical and solar components shall include:

Inspection of LED modules, drivers, wiring, and internal power 218

supplies; Veriﬁcation of proper operation of internal switches and electrical enclosures; Inspection of battery systems housed within the monument cabinet; Testing battery performanc e and reviewing charging functionality; Inspection of solar panels, mounts, and conduit for damage or corrosion; Replacement of failed LED modules, drivers, wiring, or batteries, as authorized; Ensuring all electrical components remain UL-listed and code-compliant.

ii) Scheduled Repairs
Scheduled repairs are intended to proactively address expected wear, aging, and performance degradation of monument components in order to maintain continuous operation, safety, and appearance of the City-owned monument signs.

Scheduled repairs may include, but are not limited to, the following work items:
• Structural & Exterior Components
o Repair or replacement of damaged or deteriorated aluminum panels
o Correction of loose, warped, or misaligned panels
o Repair or reinstallation of push-through acrylic letters and logos o Replacement of cracked, faded, or damaged
acrylic components
o Tightening, replacement, or reapplication of tamper-
resistant fasteners
o Repair or replacement of access panels and ventilation openings

• Paint & Finish Restoration
o Touch-up or repainting of aluminum surfaces exhibiting peeling, fading, or corrosion
o Color matching to original speciﬁcations (PMS 280 Blue and PMS 428 Gray)
o Surface preparation and application methods suitable for outdoor monument signage

•
Electrical & Illumination System
219

o Scheduled replacement of LED modules approaching end-of-life o Replacement of failed or under-performing LED drivers or power supplies
o Inspection and replacement of aged wiring, connectors, and internal components
o Adjustment or recalibration to ensure uniform illumination and color consistency

• Solar & Battery Systems
o Scheduled replacement of internal batteries based on
manufacturer recommendations or performance testing
o Inspection and repair of solar panel mounts and brackets o Cleaning, realignment, or replacement of solar panels as needed o Veriﬁcation of charging performance and battery capacity

•
Materials and Compatibility
o All repair materials shall be equal to or better than the original speciﬁed components.
o Replacement parts shall be compatible with existing
monument design, electrical load, and solar capacity.
o Substitution of materials or components requires prior written approval by the City.
• Workmanship Standards
o All repairs shall be performed in a professional manner by qualiﬁed personnel experienced in monument signage, electrical systems, and solar-powered installations.
o Repairs shall restore the monument to full functional and aesthetic condition consistent with the approved
speciﬁcations and drawings.
o All work shall comply with applicable codes, safety
regulations, and manufacturer requirements.

• Documentation
Following completion of scheduled repairs, the Contractor shall provide a written summary including:
o Description of repairs performed
220

o Components repaired or replaced
o Date of service
o Observed conditions requiring future monitoring

iii) Emergency Response Services
Emergency repairs are defined as unplanned, urgent repair services required to immediately address conditions that pose a public safety risk, electrical hazard, structural instability, complete loss of illumination, or risk of further damage to the City-owned monument signs.
• Emergency Conditions
Emergency repairs may be required under, but are not limited to, the following circumstances:
o Complete loss of monument illumination
o Electrical hazards, exposed wiring, or damaged
electrical components
o Failed or inoperative solar or battery systems affecting sign operation
o Structural damage to monument panels, framing, or
support components
o Vandalism, vehicle impact, or storm-related damage
o Loose, detached, or unsafe sign components
o Any condition determined by the City to require
immediate attention to protect public safety, City
assets, or aesthetics
• Response Time Requirements
The Contractor shall meet the following response standards for emergency repairs:
o Initial Response: Contractor shall respond within 24 hours of notiﬁcation from the City, including after normal business hours if required.
221

o On-Site Assessment: Contractor shall perform an on-site evaluation as soon as practicable to assess the condition, identify hazards, and implement temporary stabilization measures if necessary. o Temporary Safety Measures: If permanent repair cannot be completed immediately, the Contractor shall take appropriate temporary actions to:
 Secure unsafe components;
 Eliminate electrical hazards; and
 Prevent further damage.
• Scope of Emergency Repair Services
All emergency work shall prioritize safety and protection of the public.

Emergency repair services may include, but are not limited to:
o Emergency electrical shut-off or isolation
o Replacement or temporary bypass of failed LED modules, drivers, or power supplies
o Temporary or permanent repair of damaged wiring or conduits o Temporary stabilization or removal of damaged panels, lettering, or framing
o Repair or securing of access panels and tamper-resistant hardware
o Solar panel disconnection, realignment, or repair following damage • City Authorization

o The Contractor may perform immediate actions necessary to mitigate hazards without prior authorization when public safety is at risk.
o Permanent or non-hazard mitigation repairs shall require City authorization, except where otherwise permitted in the contract.
o The Contractor shall notify the City as soon as practicable following any emergency response.
• Materials and Repairs
222

o Permanent emergency repairs shall utilize materials equal to or better than the original monument speciﬁcations.
o Replacement components shall be compatible
with existing structural, electrical, and solar
systems.
o Temporary repairs shall be replaced with permanent repairs upon City approval.
• Documentation
For each emergency repair event, the Contractor shall provide written documentation to the City, including:
o Date and time of notiﬁcation;
o Description of emergency condition;
o Immediate actions taken;
o Temporary and/or permanent repairs completed; and
o Recommended follow-up or scheduled repairs.

c) TRAFFIC CONROL
Contractor shall always provide safe and continuous passage for pedestrian and vehicular traffic. Contractor shall furnish and maintain all warning lights, signs, flares, barricades, delineators, detours and other facilities necessary for the sole convenience and direction of public traffic. All traffic control shall conform to, and be placed in accordance with, the current California Manual on Uniform Traffic Control Devices (CA MUTCD).

• At least one twelve (12) foot travel lane in each direction shall be open to traffic at all times unless otherwise approved by the City Engineer. Not more than one intersecting street shall be closed at any one time without the prior approval of the City Engineer or his authorized representative.

• No lane closures on arterial highways will be permitted between the hours of 8:30 a.m. to 3:30 p.m., unless an emergency situation exists and such a closure is necessary to safeguard the traveling public. Separation between travel lanes, channelization, and delineation of the maintenance area shall be accomplished by the use of delineators and/or cones placed at a maximum of 15 feet on center.
223

• Maintenance operations shall be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners. Access to driveways, houses, and buildings along the line of work shall be maintained and temporary approaches to crossings or intersecting streets shall be provided and kept in good condition. No material or equipment shall be stored where it will interfere with the free and safe passage of public traffic.

At the end of each day’s work and at other times when maintenance operations are suspended for any reason, all equipment and other obstructions shall be removed from the portion of the roadway and open it for use by public traffic.

• Pedestrian traffic shall be maintained in a safe manner at all times.

Pedestrian and emergency vehicular access shall be maintained to all residences, businesses and manufacturing establishments within the work area.

• Each vehicle used to place and remove components of a traffic control system on multi -lane highways shall be equipped with a flashing arrow sign which shall be in operation when the vehicle is being used for placing, maintaining or removing said components. The flashing arrow sign shall be in place before lane closure(s) requiring its use is implemented.

• When maintenance is complete, Contractor shall remove all traffic control signs, barricades, delineators, etc., from the site.

• Failure to provide adequate safety devices, as directed by the City Engineer, will cause the City to install safety devices as needed and the cost will be assessed to the Contractor at the City’s actual cost. The City shall be entitled to offset any costs incurred against the Contract or’s invoice. All costs for traffic control shall be included in the various items of work, and no additional compensation will be allowed.

d) PAYMENT

i) Monthly Activity Report
The Contractor shall provide a computerized monthly activity report to the City each month for the previous month’s activities. Report shall provide a brief description of all preventative maintenance and emergency service activities and 224

shall be attached to the monthly invoice. No payment will be made without submittal of the report. Report shall include the following:
• Routine Preventative Maintenance: Location, date, and time preventative maintenance was performed.
• Scheduled Repairs: Complete record of all work performed on the monument during the previous month including monument location, date, time, make, model, serial number of major components or other equipment that was installed.
• Emergency Response Work: Monument location, date, time emergency call was received, time Contractor arrived at the location, description of the problem, number of hours spent for each repair, equipment and material used.

ii) Payment
Routine Preventative Maintenance, Scheduled Repairs and Emergency Response work, shall be compensated in accordance with the pricing structure defined in the following pages.

225

EXHIBIT “B”

SCHEDULE OF PERFORMANCE

Schedule of performance shall vary according to the predetermined schedule as listed on Exhibit “C” along with the corresponding Compensation rates (period/year), City needs, and budget availability.

226

EXHIBIT “C”

COMPENSATION

The total compensation for services rendered under this Agreement shall not exceed Two-Hundred and Fifty-Thousand Dollars ($250,000) per fiscal year (July 1 through June 30). Pricing shall be in accordance with the following pages (Sections II – III) per Compensation provided in RFP No. 26-107EG, Best and Final Offer.

227

EXHIBIT “D”

REPRESENTATIVES

CITY’S REPRESENTATIVE
City of Eastvale
Public Works/Engineering
Attn: Jimmy Chung, Public Works Director/ City Engineer 2363 Limonite Ave #910
Eastvale, CA 91752
Phone: (951) 361-0900
Email Address: [email protected]

CONTRACTOR’S REPRESENTATIVE

Econolite Systems, Inc.

Avishek Basu
Attn: Avishek Basu, Vice President, Finance & Treasurer 1250 N. Tustin Ave.

Anaheim, California 92807
Office: (714) 630-3700
Email Address: [email protected]

228

EXHIBIT “E”

BONDS REQUIRED

NO BONDS REQUIRED

229

EXHIBIT “F”

INSURANCE REQUIREMENTS FOR CITY OF EASTVALE

Contractor shall procure and maintain for the duration of the contract agreement, at its own cost and expense, the following insurance policies and coverage with companies qualified and approved to do business in California and acceptable to City.

1) Commercial General Liability Insurance
a) Contractor 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 Contractor shall not affect coverage provided to the City.
e) Coverage shall state that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
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) Contractor 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 $1,000,000 each accident. If the Contractor’s business/company does not own any automobiles, coverage for hired and non-owned autos shall be provided. The policy shall provide and be endorsed that the City, its officers, officials, employees, agents, and volunteers are included or named as additional insureds.
230

b) 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. 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) Contractor 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 Contractor. 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, Contractor 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 self-insurance 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 Contractor, 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 Contractor does not have any employees.

5) 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 Contractor. 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 231

nonpayment of premium. If a carrier will not provide the required notice of cancellation, the Contractor 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 Contractor 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 Contractor 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 - Contractors who will use subcontractors or other parties to provide materials, services, or perform construction or other work for the Contractor must enter into a written and executed contract agreement with each of its subcontractors, vendors, agents, subconsultants 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 Contractor, including providing an additional insured endorsement for ongoing and completed operations. Contractor shall obtain certificates of insurance and additional insured endorsements from each of its hired parties and provide a copy to City upon request.

232
ITEM # DESCRIPTION UOM QTY

PERIOD/

YEAR UNIT PRICE

TOTAL AMOUNT
(UNIT PRICE X QTY)
1 Initial Traffic Signal System Health Check LUMP SUM 1.00$ N/A 20,682.50$ 20,682.50$ ITEM # DESCRIPTION UOM QTY

PERIOD/

YEAR UNIT PRICE

ANNUAL TOTAL
(AMOUNT)
1 Routine preventative maintenance, and repairs of
traffic signals, including safety lights and illuminated street name signs. Per intersection, Monthly. EA 56 12 92.60$ 62,227.20$ 2 Routine preventative maintenance, and repairs on 2
fire station beacons. Per location, Monthly.

EA 2 12 64.60$ 1,550.40$
3 Routine preventative maintenance and repairs on
speed radar feedback signs. Per location, Monthly. EA 35 12 55.40$ 23,268.00$ 4 Underground Alert Responses/Making of Facilities OCC* 1 As Needed 369.30$ 369.30$ *OCCURANCE
87,414.90$
ITEM # DESCRIPTION

STRAIGHT

TIME OVERTIME
DOUBLE
TIME
1 Signal Maintenance Technician 165.40$ 219.50$ 273.60 $ 2 Signal Maintenance Supervisor 165.40$ 165.40$ 165.40 $ 3 Field Traffic Signalman 165.40$ 219.50$ 273.60 $ 4 Laborer 139.00$ 182.40$ 225.80 $
5 Painter 139.00$ 182.40$ 225.80 $
6 Engineering Technician 165.40$ 219.50$ 273.60 $ 7 Graffiti Remover, Interconnect/Communications
Specialist – Ethernet 165.40$ 219.50$ 273.60 $ ITEM # WORK ORDER EQUIPMENT
HOURLY
RATE
1 Bucket Truck 39.70$
2 Pickup Truck 19.30$
3 Service Truck 19.30$
4 Service Ladder Truck N/A
5 Ladder Truck N/A
6 Concrete Saw and Water Truck 108.20$
7 Compressor with Tools 17.00$
8 Flex List (Hydraulic Boom) 39.70$
9 Boom Ladder Truck (Man Lift) 141.60$
10 Arrow Board (Per Day) 90.60$
ROUTINE PREVENTATIVE MAINTENANCE TOTAL (Sum of annual amount for Items 1-4)

3. PERSONNEL (Provide hourly rates for each)

4. EQUIPMENT
RFP No. 26-107EG TRAFFIC SIGNAL & STREETLIGHT MAINTENANCE SERVICES

COMPENSATION
Exhibit "C"
SECTION I. TRAFFIC SIGNAL MAINTENANCE AND REPAIR SERVICES

1. SYSTEM HEALTH ASSESSMENT

2. ROUTINE PREVENTATIVE MAINTENANCE
233
ITEM # DESCRIPTION UOM QTY

PERIOD/

YEAR UNIT PRICE

TOTAL AMOUNT
(UNIT PRICE X QTY)
1 Monthly Maintenance of Two Median
Monuments EA 2 12 324.60$ 7,790.40$
ITEM # DESCRIPTION UOM QTY

PERIOD/

YEAR UNIT PRICE

ANNUAL TOTAL
(AMOUNT)
1 Structural & Exterior Components - Repair or
replacement of damaged/deteriorated
aluminum panels; correction of loose, warped,
or misaligned panels; tightening or replacement
of tamper-resistant fasteners; repair or
replacement of access panels and ventilation
openings EA 2 12 216.40$ 5,193.60$
2 Structural & Exterior Components - Repair or
reinstallation of push-through acrylic letters and
logos; replacement of cracked, faded, or
damaged acrylic components EA 2 12 216.40$ 5,193.60$ 3 Paint & Finish Restoration - Touch-up painting
or full repainting of aluminum surfaces
exhibiting peeling, fading, or corrosion; proper
surface preparation EA 2 12 416.40$ 9,993.60$
4 Paint & Finish Restoration - Color matching to
original City specifications (PMS 280 Blue and
PMS 428 Gray) INCLUDED 2 12 -$ -$
5 Electrical & Illumination Systems - Scheduled
replacement of LED modules approaching end
of service life; recalibration for uniform
illumination and color consistency EA 2 12 432.80$ 10,387.20$ 6 Electrical & Illumination Systems - Replacement
of failed or underperforming LED drivers, power
supplies, wiring, connectors, and internal
electrical components EA 2 12 432.80$ 10,387.20$
7 Solar & Battery Systems - Scheduled
replacement of internal batteries based on
manufacturer recommendations or performance
testing
EA 2 12 196.00$ 4,704.00$
8 Solar & Battery Systems - Inspection, repair,
cleaning, realignment, or replacement of solar
panels, mounts, and brackets; verification of
charging performance EA 2 12 324.60$ 7,790.40$
RFP No. 26-107EG TRAFFIC SIGNAL & STREETLIGHT MAINTENANCE SERVICES

COMPENSATION
Exhibit "C"
SECTION III. MONUMENTS MAINTENANCE AND REPAIR SERVICES

1. ROUTINE PREVENTATIVE MAINTENANCE

2. SCHEDULED REPAIRS
234
RFP No. 26-107EG TRAFFIC SIGNAL & STREETLIGHT MAINTENANCE SERVICES

COMPENSATION
Exhibit "C"
9 Documentation & Reporting - Written summary
of repairs performed, components
repaired/replaced, date of service, and
observed conditions requiring future monitoring EA 2 12 82.70$ 1,984.80$ 55,634.40$
ITEM # DESCRIPTION

STRAIGHT

TIME OVERTIME
DOUBLE
TIME
1 Monument Sign Maintenance Technician 165.40$ 219.50$ 273.60$ 2 Monument Sign Maintenance Supervisor 165.40$ 219.50$ 273.60$ 3 Electrical / LED Sign Technician 165.40$ 219.50$ 273.60$ 4 Solar & Battery Systems Technician 165.40$ 219.50$ 273.60$ 5 General Laborer 139.00$ 182.40$ 225.80$ 6 Painter / Coatings Technician 139.00$ 182.40$ 225.80$ 7 Engineering Technician 165.40$ 219.50$ 273.60$ 8 Sign Fabrication / Acrylic Specialist 165.40$ 219.50$ 273.60$ 9 Graffiti Removal / Surface Cleaning Technician 139.00$ 182.40$ 225.80$ ITEM # WORK ORDER EQUIPMENT
HOURLY
RATE
1 Bucket Truck (Low-Reach – Monument
Access) 39.70$
2 Bucket Truck (High-Reach – Monument / Solar
Access)

39.70$
3 Pickup Truck 19.30$
4 Service Truck (Fully Equipped) 19.30$
5 Service Ladder Truck N/A
6 Boom Lift / Man Lift (Trailer or Truck Mounted) 141.60$ 7 Flex List (Hydraulic Boom) 141.60$
8 Portable Generator (Electrical & Solar Testing) 17.00$ 9 Air Compressor with Tools 17.00$
10 Concrete Saw (With Water or Dust Control) 39.70$
11 Water Truck 65.20$
12 Arrow Board (Per Day) 90.60$
13 Traffic Control Devices (Per Work Order) -$
SCHEDULED REPAIRS TOTAL (sum of annual amounts for Items #1-9)

3. PERSONNEL (Provide hourly rates for each)

4. EQUIPMENT
235

1 AGREEMENT FOR STREETLIGHT MAINTENANCE SERVICES

BETWEEN

THE CITY OF EASTVALE, CALIFORNIA
AND

YUNEX LLC DBA YUNEX TRAFFIC

This Agreement for Streetlight Maintenance Services (“ Agreement”) is entered into as of August 13, 2026 (“Effective Date”) between the City of Eastvale , a municipal corporation (“City”) and YUNEX LLC, DOING BUSINESS AS (DBA) YUNEX TRAFFIC , a Limited Liability Company , incorporated in the State of Delaware (“Contractor”) (collectively the “Parties”). In consideration of the mutual promises and covenants made by the parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

SECTION 1. SCOPE OF SERVICES

Contractor agrees to furnish, for the compensation provided for herein, all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perform and complete the Services. The Services shall be subject to inspection and approval by City. Contractor agrees to work closely with City staff in the performance of the Services and shall be available to City’s staff and consultants at all reasonable times.

1.3 Extra Work. Contractor shall not be compensated for any work or services rendered in connection with its performance of this Agreement, which are in addition to or outside of the Services (“ Extra Work”), except as expressly provided for herein. It shall be Contractor’s responsibility to ensure that the scope and price of any Extra Work to be performed by Contractor is approved by City in writing in advance of Contractor’s commencement of the Extra Wor k in accordance with Section 9.10 [Amendments] and Section 9.19 [Administration and Implementation]. City shall not be obligated to pay for or otherwise be liable for unauthorized Extra Work performed by Contractor.

1.4 Schedule of Performance . Contractor agrees to diligently perform and complete the Services in accordance with the schedule of performance attached hereto 236

2 and incorporated herein by reference as Exhibit “B” [Schedule of Performance] (“Schedule of Performance ”). Modifications to the Schedule of Performance must be agreed upon in writing in advance by the City Manager pursuant to Section 9.19 [Administration and Implementation] and Contractor.

1.5 General Warranty. Contractor warrants all Services under this Agreement (which for purposes of this Section shall be deemed to include unauthorized Extra Work which has not been removed and any non- conforming materials incorporated into the Services) to be of good quality and free from any defective or faulty material and workmanship. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Serv ices, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City.

1.6 Repair of Defects. Contractor agrees that for a period of one (1) year from and after final acceptance of the Services, or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Services, whichever is later, C ontractor shall within ten (10) days after being notified in writing by City of any defect in the Services or non- conformance of the Services, commence and prosecute with due diligence all work and services necessary to fulfill the terms of the warranty at its sole cost and expense. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work, facilities, fixtures, or materials damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective Services. For any Services so corrected, Contractor's obligation hereunder to correct defective Services shall be reinstated for an additional one -year period, commencing with the date of acceptance of such corrected Services. Contractor shall perform such tests as City may require to verify that any corrective actions are adequate to remedy the defective condition. In the event that Contractor fails to perform its obligations under this Section to the reasonable satisfaction of City, then City shall have the right to correct and replace any defective, non-conforming, or damaged Services at Contractor's sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.

1.7 Contractor’s Representative . Contractor hereby designates the representative named in Exhibit “D” [Representatives], or his or her designee, to act as its representative for the performance of this Agreement (“ Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

1.8 Contract Documents. The following documents shall be referred to 237

3 collectively as the "Contract Documents," each of which is incorporated into and made part of this Agreement by reference:

Approved and fully executed change orders (if any)
This Agreement
All exhibits to this Agreement
Amendments to this Agreement
RFP No. 26-107EG
Addenda to RFP documents
Proposal submission forms (including Contractor’s Narrative and Cost Proposals, and any Requests for Clarifications and Best and Final Offers)

SECTION 2. COMPENSATION AND METHOD OF PAYMENT

2.1 Compensation. City shall pay to Contractor for non- disputed Services rendered the compensation set forth in Exhibit “C” [Compensation] attached hereto and incorporated herein by reference. Total compensation to Contractor for the Services shall not exceed the total pr ice or “not to exceed” amount set forth in Exhibit “C,” without the prior written approval of City in accordance with Section 9.10 [Amendments] and Section

9.19 [Administration and Implementation].

2.2 Payment of Compensation. Contractor shall submit periodic (monthly or quarterly as specified in Exhibit “C”) invoices together with an itemized statement of Services provided. The statement shall describe the Services provided, the percent of work completed by item, together w ith such other reasonable detail and supporting documentation as may be required by the City Manager, or his/her designee. City will review the statement and pay, with the exception of any charges for work performed or expenses incurred by Contractor which are disputed by City, within 30 days of receiving such statement, all approved charges thereon. Payment by City shall release City from any further obligation for payment to Contractor, for Services performed or expenses incurred as of the date of the invoice. Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defect in work performed by Contractor.

SECTION 3. RESPONSIBILITIES OF CONTRACTOR

3.1 Control and Payment of Subordinates; Independent Contractor .

Contractor agrees that all Services shall be performed by Contractor or under its supervision. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under the Contractor’s exclusive direction and contr ol.

Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. Contractor is and shall at all times remain 238

4 a wholly independent contractor and not an officer, employee or agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, healthcar e or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights. Contractor shall make payments promptly, as due, to all persons supplying labor or materials for the Services. Contractor shall not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished for the Services. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person as such claim becomes due, City may pay such claim and charge the amount of the paym ent against funds due or to become due the Contractor.

The payment of the claim in this manner shall not relieve Contractor or their surety from obligation with respect to any unpaid claims.

3.2 Standard of Care and Licenses. Contractor agrees that all Services shall be performed in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and warrants that it, its employees and subcontractors shall have sufficient skill and experience to perform the Services and that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained in good standing throughout the term of this Agreement.

3.6 Labor Code and Prevailing Wage Requirements.
239

5 3.6.1 Apprenticeable Crafts . To the extent applicable, Contractor shall comply with the provisions of Section 1777.5 of the Labor Code with respect to the employment of properly registered apprentices upon public works.

3.6.2 Hours of Work. Contractor shall comply with the legal days work and overtime requirements of Section 1813 of the Labor Code.

3.6.3 Payroll Records. In accordance with the requirements of Labor Code Section 1776, Contractor shall keep accurate payroll records which are either on forms provided by the Division of Labor Standards Enforcement or which contain the same information required by such forms. Contractor shall make all such records available for inspection at all reasonable hours.

3.6.4 Prevailing Wage Laws. Contractor represents and warrants that it is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “Public Works” and “Maintenance” projects. Contractor acknowledges that the Services are being performed as part of an applicable “Public Works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and Contractor agrees to fully comply with such Prevailing Wage Laws . City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and any location where the Services are performed.

3.7 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant, in any way, in the employment of persons to perform the Services in violation of any federal or state law prohibiting discrimination in employment, including based on the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, gene tic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, of any person, except as provided under California Government Code section 12940.

SECTION 4. INDEMNIFICATION

4.1 Indemnity. Except as to the sole negligence or willful misconduct of City, Contractor expressly agrees to, and shall, indemnify, defend, release, and hold City, and its respective officials, officers, employees, agents, and contractors harmless from and against any Action, liability, loss, damage, entry, judgment, order, lien, and Costs and Expenses which arises out of, or are in any way related to, any act or omission of Contractor, or its officers, directors, employees, agents, or contractors, connected with the performance or failure to perform under this Agreement, notwithstanding that City may have benefited therefrom, or any challenge to this Agreement. This Section shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or 240

6 passive, on the part of Contractor’s officers, directors, employees, agents and contractors, including but not limited to acts or omissions in any way related to, the release, treatment, use, generation, transportation, storage, or disposal in, on, under, to, or from the location at which work under this Agreement is performed of any Hazardous Substances by Contractor or its officers, directors, employees, agents, and subcontractors. The Parties expressly agree that any payment, or Costs and Expenses City incurs or makes to, or on behalf of, an injured employee under City’s workers’ compensation or other insurance, is included as a loss or Costs and Expenses for the purpose of this Section. City shall not be responsible for any acts, errors or omissions of any person or entity except City and its officers, agents, servants, employees or contractors. The Parties expressly agree that the obligations of Contractor under this Section shall survive the expiration or early termination of the Agreement.

4.2 Action. For purposes of this Agreement, “Action” shall mean any suit (whether legal, equitable, or declaratory in nature), proceeding or hearing (whether administrative or judicial), arbitration or mediation (whether voluntary, court -ordered, binding, or non- binding), or other alternative dispute resol ution process, and the filing, recording, or service of any process, notice, claim, demand, lien, or other instrument which is a prerequisite or prelude to commencement of the Action.

4.3 Costs and Expenses . For purposes of this Agreement, “ Costs and Expenses” shall mean all costs and expenses, to the extent reasonable in amount, actually and necessarily incurred by a Party in good faith in the investigation, prosecution or defense of an Action, including, but not limited to, court costs, filing, recording, an d service fees, copying costs, exhibit production costs, special media rental costs, attorney’s fees, consultant fees, fees for investigators, witness fees (both lay and expert), travel expenses, deposition and transcript costs, and any other costs or expenses, the award of which a court of competent jurisdiction may determine to be just and reasonable.

4.4 Hazardous Substances. For purposes of this Agreement, “Hazardous Substances” shall mean any and all of the following:
a. any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability arises for misuse, pursuant to the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”), 42 U.S.C. §9601, et seq .; the Hazardous Materials Transportation Act, 49 U.S.C. §1801, et seq.; the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. §6901, et seq.; the Toxic Substances Control Act, 15 U.S.C.S. §2601, et seq.; the Clean Water Act, 33 U.S.C. §1251, et seq.; the Insecticide, Fungicide, Rodenticide Act, 7 U.S.C. §136, et seq.; the Superfund Amendments and Reauthorization Act, 42 U.S.C. §6901, et seq.; the Clean Air Act, 42 U.S.C. §7401, et seq.; the Safe Drinking Water Act, 42 U.S.C. §300f, et seq.; the Solid Waste Disposal Act, 42 U.S.C. §6901, et seq.; the Surface Mining Control and Reclamation Act, 30 U.S.C. §1201, et seq.; the Emergency Planning and Community Right to Know Act, 42 U.S.C. §11001, et seq .; the Occupational Safety and Health Act, 29 U.S.C. §§655 and 657; the Hazardous Waste Control Act, California Health and Safety Code (“H.&S.C.”) §25100, et seq.; the Hazardous Substance Account Act, 241

7 H.&S.C.§25330, et seq.; the California Safe Drinking Water and Toxic Enforcement Act, H.&S.C. §25249.5, et seq.; the Underground Storage of Hazardous Substances, H.&S.C. §25280, et seq. ; the Carpenter -Presley-Tanner Hazardous Substance Account Act, H.&S.C. §25300, et seq.; the Hazardous Waste Management Act, H.&S.C. §25170.1, et seq.; the Hazardous Materials Response Plans and Inventory, H.&S.C. §25001, et seq .; the Porter-Cologne Water Quality Control Act, Water Code §13000, et seq ., all as they may from time to time be amended; and
b. any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability for misuse arises pursuant to any other federal, state or local statute, law, ordinance, resolution, code, rule, regulation, order or decree due to its hazardous, toxic or dangerous nature.

SECTION 5. RECORDS AND DOCUMENTS

5.1 Accounting Records.

5.1.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all expenses incurred under this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be suffi ciently complete and detailed so as to permit an accurate evaluation of the Services provided by Contractor pursuant to this Agreement. All such records shall be clearly identifiable.

5.2 Ownership of Documents. All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Contractor in the course of providing the Services shall become the sole property of City and may be used, reused or otherwise disposed of by the City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents
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8 SECTION 6. INSURANCE

6.1 Maintenance of Insurance. Prior to the beginning of and throughout the term of this Agreement, Contractor will maintain insurance in conformance with requirements established by City for the type of Services being performed. Contractor acknowledges that prior to the Effective D ate of this Agreement, City provided to Contractor the applicable insurance requirements, a copy of which are attached hereto as Exhibit “F” [Insurance]. Contractor acknowledges that the insurance coverage and policy limits required under Exhibit “F” constitute the minimum amount of coverage required. Any insurance proceeds in excess of the limits and coverage required in this Agreement and which are applicable to a given loss, will be available to the City.

6.3 Modification of Insurance Provisions . The City Manager may make reasonable amendments to the insurance requirements of this section, with the written concurrence of the Finance Director or Risk Manager, in accordance with Section 9.19 [Administration and Implementation] after considering th e Scope of Services, potential liabilities, and the required level of insurance to adequately protect the City.

SECTION 7. BONDS

7.2 Bond Provisions . Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, without further notice from City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. 243

9 To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety.

7.3 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

SECTION 8. TERMINATION.

8.1 Termination by City. City may, by written notice to Contractor, terminate with or without cause, and without any prior notice of default or right to cure by Contractor, the whole or any part of this Agreement at any time and by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least five (5) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those non-disputed Services that have been adequately rendered to City, and Contractor shall be entitled to no further compensation.

8.2 Termination by Contractor . Contractor may, by written notice to City, terminate this Agreement based upon City’s failure to timely cure a default under this Agreement as provided herein. At least forty -five (45) days prior to termination, Contractor shall provide City with a wri tten notice specifying City’s alleged default and providing City with a forty-five (45) day period to cure the default. Should City timely cure such default, the Agreement shall continue. Should City fail to timely or adequately cure such default, Contractor may terminate this Agreement by issuance of written notice to City.

SECTION 9. GENERAL PROVISIONS

9.1 Assignment or Transfer . Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothec ates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

9.2 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.

9.3 Liquidated Damages. The Parties agree that City has a legitimate interest in ensuring that Contractor provides the Services (including performance of all duties and 244

10 responsibilities) required under this Agreement in a consistent and reliable manner, and that Contractor’s failure to timely provide such Services or to provide them in an inadequate manner will cause City to suffer damages and that it is, and will be, impractical and extremely difficult to ascertain and determine the exact amount of damages or to calculate actual damages. Therefore, in addition to City’s right to treat such non- performance as a material breach of, and to terminate, this Agreement, the Parties agree that liquidated damages, as provided herein, represent a reasonable estimate of the monetary damages that reasonably could be anticipated and that proof of actual damages would be costly or impractical. The Parties specifically confirm the accuracy of the statements made above and the fact that each Party has had ample opportunity to consult with legal counsel and obtain an explanation of the liquidated damage provisions at the time that the Agreement was made. Therefore, in lieu of actual damages, Contractor is subject to payment of $500 per failure to perform, per day. City may, at its election, deduct any assessed liquidated damages from payment due, or that will become due, to Contractor from City.

9.7 Integration. This Agreement, including the attached Exhibits “A” through “F” and other Contract Documents, is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Contractor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding.

11 Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

9.9 Prohibited Interests. Contractor represents and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.

9.11 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

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

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

9.15 Attorney’s Fees, Costs and Expenses. In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorney’s fees and Costs and Expens es, in addition to any other relief to which it may be entitled.
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12 9.16 Subcontracting. Contractor shall not subcontract any portion of the Services, except as expressly stated herein, without prior written approval of City.

Subcontracts, if any, shall contain a provision making them subject to all provisions of this Agreement.

9.17 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

9.19 Administration and Implementation. This Agreement shall be administered and executed by the City Manager or his or her designated representative.

[SIGNATURES ON FOLLOWING PAGE]

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

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13 CITY OF EASTVALE YUNEX LLC, DBA YUNEX TRAFFIC
________________________________ ______________________________ Mark Orme, City Manager By: Michael J. Hutchens
Its: West Operations Manager
ATTEST:

________________________________
Marc Donohue, City Clerk
APPROVED AS TO FORM:

________________________________
Erica Vega, City Attorney

248

ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )

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

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL

Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.

CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's
Name:

¨ Individual
¨ Corporate Officer

Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Date Of Document

Signer(s) Other Than Named Above
249

ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )

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

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL

Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.

CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's
Name:

¨ Individual
¨ Corporate Officer

Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Date Of Document

Signer(s) Other Than Named Above
250

EXHIBIT “A”

SCOPE OF SERVICES

Consultant/Contractor shall perform services as described below.

1) STREETLIGHT MAINTENANCE AND REPAIR SERVICES

a) GENERAL REQUIREMENTS
i. Contractor shall furnish all tools, equipment, apparatus, facilities, labor, services, and materials, and perform all work necessary to provide, in a good and workmanlike manner, routine preventive maintenance, scheduled repairs, and emergency responses to streetlights and other related equipment in compliance with currently Caltrans and City used standards and speciﬁcations.
ii. Contractor should anticipate receiving requests for maintenance services outside of the Contractor’s normally scheduled preventative maintenance program. These requests for services may be received by telephone, written correspondence, other electronic means of communication (email, text message, and/or City’s citizen request portal), or by a City -issued work order. They may originate from various sources. Contractor shall maintain 24- hour response capabilities to effectively address and respond to requests for services. All requests shall be addressed by an appropriate, timely response as outlined in these speciﬁcations. If Contractor is called out by City personnel other than the Engineering Division, such as the Riverside County Sheriff’s Office, Contractor shall notify the Engineering Division Manager, or his representative(s) via email, phone, or text.
iii. The Contractor shall provide qualiﬁed and experience personnel and equipment available to respond to non-emergency reports of streetlight outages and diagnose and/or repair the malfunction within 24 hours, unless the degree of repair dictates an alternative schedule to be coordinated and approved by the City on a case-by-case basis. iv. Some maintenance may require the assistance of SCE. SCE is responsible for underground wiring and will need to shut off power for the contractor to work on any infrastructure. It is highly recommended that 251

the City, SCE, and the selected contractor communicate to facilitate proper maintenance.
v. Contractor shall ensure compliance with all federal, state, and local laws and regulations, including but not limited to, wage and labor laws, OSHA requirements, and appropriate safety measures.
vi. The Contractor shall provide record (“as -built”) documentation for all installed LED luminaires, including pole identiﬁers, GIS data, and digital images of ﬁxture nameplates for each replacement. The Contractor shall also provide all applicable warranties, as well as service, maintenance, and operations manuals, and other relevant documentation within the City’s asset management system (i.e., ArcGIS). Training will be provided to the selected contractor. Use of the system will require installation and operation of a mobile application; however, no additional licensing or specialized devices will be required.
vii. The contractor must provide an online management system that allows the City and the general public to remotely track and check the status of service requests, download historical maintenance reports, and view GIS data on a secure website portal. Contractor shall provide a 24/7 Call Center which can receive calls from reporting parties for streetlight work order requests.
viii. Contractor shall provide adequate storage space to maintain an adequate ship and storage facility for all necessary equipment and materials, including but not limited to, poles, luminaires, pole tags, and related equipment and materials to provide all services as deﬁned in this RFP. If the Contractor makes its storage facility available to the City, Contractor shall manage deliveries and staging of materials, including any secured storage considerations.

b. STREETLIGHT MAINTENANCE REQUIREMENTS

i. Routine Preventative Maintenance
The Contractor shall maintain street poles and light bulbs along with any streetlights and poles that come under the ownership of the City or that become energized within the contract term as identiﬁed in this RFP. The streetlight maintenance service shall include any connected or contained equipment such as photocells or controllers. Routine Preventative 252

Maintenance shall include the following:
• Quarterly streetlight system review: Conduct a visual patrol of all streetlight poles and ﬁxtures under contract, ensuring 100% system coverage each quarter. The Contractor shall provide a quarterly system condition report summarizing ﬁndings, including outage status, visible defects, ﬁxture condition, and a proposed work plan to address identiﬁed issues.
• Annual review of streetlight operations: The following activities shall be included, but not limited to:
o Photocell testing and replacement: Verify proper dusk-to-dawn operation and replace defective units
o Electrical connection inspection: Inspect wiring, fuses, breakers, and service points
o LED driver/system checks: Evaluate driver performance and thermal condition
The Contractor shall provide a system condition report summarizing ﬁndings including a proposed work plan to address identiﬁed issue.

Payment for the routine preventative maintenance services shall be based on ﬁxed fee shown in Exhibit “C” Compensation.
ii. Scheduled Repairs
Any deﬁciencies, required repairs, or recommendations identiﬁed during routine preventive maintenance shall be reported to the City. The Contractor may be required to submit a proposal and obtain City approval prior to performing such repairs.

The Contractor shall also anticipate receiving requests for maintenance services outside of the regularly scheduled preventive maintenance program. These requests may be submitted via telephone, written correspondence, electronic communication (email, text message and/or City’s citizen reporting portal), or through a City-issued work order, and may originate from various sources.

All service requests shall be acknowledged within one (1) business day and completed within ten (10) business days, unless otherwise approved by the City.

In addition, the Contractor shall identify, investigate and determine 253

corrective requirements for any reported malfunction, failure, or outage of the streetlight systems. The equipment and components to be maintained and repaired shall include, but are not limited to the following elements:
• Conduct all necessary photometrics, analyses, and measurements needed to identify the LED replacement ﬁxture and wattage, and furnish and install said equipment. Contractor shall coordinate with the City to adequately meet lighting standards.
• Remove and dispose existing luminaire heads and any other discarded materials as part of the California Recycle and Disposal Laws. Any hazardous materials including universal waste will be disposed of according to the provisions set forth in California law. • Assist the City in processing claims for damage caused by other parties (e.g., Insurance claims and restitution) by providing an itemized list of relevant information regarding damage and repair costs as needed to process claims.
• Respond to and abate graffiti on all streetlight components. • Coordinate electrical service repairs/restorations with SCE and the City.
• Repair/restore electrical service malfunctions, component damage, vandalism, theft, etc.
• Replace all damaged pull-box covers.
• Replace missing pole hand hole covers and repair damaged hand hole covers as needed.
• Replace pole identiﬁcation tags as needed.
• Paint portion of metal poles based on City approved priority/need. • Submit requests for house-side shields to the City for review and furnish and install shields as authorized.
• Respond to all Underground Service Alerts (Dig Alert) requests and provide appropriate facility markings for all City underground streetlight components in accordance with applicable guidelines.
• The Contractor shall perform all necessary repairs and replacements to restore streetlight service in the event of a knockdown. The Contractor is expected to maintain an adequate inventory of poles, luminaires, mast arms, and related appurtenances to complete repairs in a timely and efficient manner, typically within ten (10) working days unless otherwise approved by the City. Repair timelines may be extended where coordination with SCE is required.
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If requested, the contractor shall provide the City with a cost estimate for scheduled repairs not less than ﬁve (5) working days prior to the scheduled beginning of the repairs. The estimate shall be based on the fee schedule set forth in herein– Compensation or a time & materials (T&M) using the rates speciﬁed in this contract . The Contractor shall not begin work on any scheduled repairs until City has approved the estimate for the repairs in writing.

Payment for scheduled repair services shall be based on the fee schedule set forth herein. For work not included in the fee schedule, payment shall be made on a time- and-materials basis using the applicable hourly labor and equipment rates for the actual personnel and equipment utilized.

Materials shall be reimbursed at the Contractor’s cost pl us a markup not to exceed 15%. The Contractor shall provide copies of the supplier’s original written invoice for all materials prior to their installation or use.

Invoices for equipment or materials purchased by the Contractor will not be approved for payment by the City until the equipment or materials are fully installed and functioning as intended. Payment for scheduled repairs shall not exceed the amount approved in the estimate without a written amendment to the estimate. The City reserves the right to furnish supplies, materials, and install equipment required for performance of the work. iii. Emergency Response Services
The Contractor shall provide qualiﬁed and experienced personnel and equipment for 24-hour on-call/stand-by personnel to respond to emergencies. Personnel must be able to respond on-site to all emergency call-outs within one (1) hour under normal circumstances.

General circuit outages and individual streetlight burnouts generally would not constitute an emergency except under extenuating circumstances. Examples of typical emergency response items include:
• Streetlight pole knockdowns
• Exposed or damaged wires that constitute a danger to the public as determined by responding to emergency staff (e.g., Police, City staff, etc.)
• SCE will need to be notiﬁed by the Contractor to advise of potential danger in terms of exposed or damaged wires to determine whether power needs to be shut off to tend to the matter.
• Equipment or pole damage that may pose an immediate public danger (e.g., damaged/leaning poles, hanging luminaire/mast arm, etc.)
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The Contractor shall perform all necessary repairs and replacements to restore streetlight service in the event of a knockdown. The Contractor is expected to maintain an adequate inventory of poles, luminaires, mast arms, and related appurtenances to co mplete repairs in a timely and efficient manner, typically within ten (10) working days unless otherwise approved by the City. Repair timelines may be extended where coordination with SCE is required. Upon completion of the emergency work, inform the City that the emergency work has been completed.

Prepare estimates showing the cost breakdown of labor, equipment, and material for replacement of such parts or equipment and submit the information to the City. The estimate shall be based on time & materials (T&M). Payment for emergency response services will be made on a time and materials basis using the hourly labor and equipment rates for the actual technician and equipment utilized.

Materials will be paid at the supplier’s cost plus a markup not-to- exceed 15%. The Contractor shall provide copies of the supplier’s original written invoice for all materials prior to their installation or use.

Invoices for equipment or materials purchased by the Contractor will not be approved for payment by the City until the equipment or materials are fully installed and functioning as intended.
c) TRAFFIC CONROL
Contractor shall always provide safe and continuous passage for pedestrian and vehicular traffic. Contractor shall furnish and maintain all warning lights, signs, flares, barricades, delineators, detours and other facilities necessary for the sole conveni ence and direction of public traffic. All traffic control shall conform to, and be placed in accordance with, the current California Manual on Uniform Traffic Control Devices (CA MUTCD).

• At least one twelve (12) foot travel lane in each direction shall be open to traffic at all times unless otherwise approved by the City Engineer.

Not more than one intersecting street shall be closed at any one time without the prior approval of the City E ngineer or his authorized representative.

Separation between travel lanes, channelization, and delineation of the maintenance area shall be accomplished by the use of delineators and/or cones placed at a maximum of 15 feet on center.
256

• Maintenance operations shall be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners.

Access to driveways, houses, and buildings along the line of work shall be maintained and temporary approaches to crossi ngs or intersecting streets shall be provided and kept in good condition. No material or equipment shall be stored where it will interfere with the free and safe passage of public traffic. At the end of each day’s work and at other times when maintenance operations are suspended for any reason, all equipment and other obstructions shall be removed from the portion of the roadway and open it for use by public traffic.

• Pedestrian traffic shall be maintained in a safe manner at all times.

Pedestrian and emergency vehicular access shall be maintained to all residences, businesses and manufacturing establishments within the work area.

• Each vehicle used to place and remove components of a traffic control system on multi-lane highways shall be equipped with a flashing arrow sign which shall be in operation when the vehicle is being used for placing, maintaining or removing said components. The flashing arrow sign shall be in place before lane closure(s) requiring its use is implemented.

• When maintenance is complete, Contractor shall remove all traffic control signs, barricades, delineators, etc., from the site.

• Failure to provide adequate safety devices, as directed by the City Engineer, will cause the City to install safety devices as needed and the cost will be assessed to the Contractor at the City’s actual cost. The City shall be entitled to offset any costs incurred against the Contractor’s invoice. All costs for traffic control shall be included in the various items of work, and no additional compensation will be allowed.

d) PAYMENT
i. Monthly Activity Report
The Contractor shall provide a computerized monthly activity report to the City each month for the previous month’s activities. Report shall provide a brief description of all preventative maintenance and emergency service 257

activities and shall be attached to the monthly invoice. No payment will be made without submittal of the report. Report shall include the following:
• Routine Preventative Maintenance: Location, date, and time preventative maintenance was performed.
• Scheduled Repairs: Complete record of all work performed on the streetlight equipment during the previous month including signal location, date, time, make, model, serial number of major components or other equipment that was installed.
• Emergency Response Work: Signal location, date, time
emergency call was received, time Contractor arrived at the location, description of the problem, number of hours spent for each repair, equipment and material used.

ii. Payment
The Contractor shall submit separate invoices based on the type of activities performed in the previous month. Routine preventative maintenance and scheduled repairs must be invoiced separately. Each emergency response activity shall be invoiced individually.

Many streetlight maintenance activities are funded through the City’s Landscaping and Lighting Maintenance District (LLMD). The Contractor shall include a summary table on the cover sheet of each invoice, itemizing charges by LLMD.

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EXHIBIT “B”

SCHEDULE OF PERFORMANCE

259

EXHIBIT “C”

COMPENSATION

Total compensation to Contractor for the Services performed under this contract shall not exceed $50,000 per fiscal year (July 1 through June 30).

Compensation rates are listed on next page in accordance with RFP No. 26- 107EG Cost Proposal and Contractor’s Best and Final Offer tendered by Contractor (attached hereto on following pages).

260

EXHIBIT “D”

REPRESENTATIVES

CONTRACTOR’S REPRESENTATIVE

Yunex LLC DBA Yunex Traffic
Attn: Michael J. Hutchens, West Operations Manager
2250 Business Way
Riverside, California 92501
Office: (800) 229-6090
Email Address: [email protected]

261

EXHIBIT “E”

BONDS REQUIRED

NO BONDS REQUIRED

262

EXHIBIT “F”

INSURANCE REQUIREMENTS FOR CITY OF EASTVALE

265
ITEM # DESCRIPTION UOM QTY PERIOD/ YEAR UNIT PRICE

ANNUAL TOTAL
(AMOUNT)
1 Quarterly streetlight system review and
reporting EA 4,493.00 4 $ 1,887.06 $ 7,548.24 2 Annual review of streetlight operations and
reporting EA 4,493.00 1 6,200.34$ 6,200.34$ 13,748.58$
ITEM # UOM UNIT PRICE
1 EA 100.00$
2 EA 195.00$
3 EA 50.00$
4 EA 50.00$
5 EA 1,200.00$
6 EA 5,400.00$
7 EA 230.00$
8 EA 50.00$
Knockdown Pole Replacement (No Foundation) - This shall include the cost for labor and equipment associated with the replacement of an entire street light pole, luminaire arm, fixture and wiring typically associated with a street light knockdown that does not require replacement of the foundation. Materials will be charged at cost plus the markup specified in this RFP.

Knockdown Pole Replacement (With Foundation) - This shall include the cost for labor and equipment associated with the replacement of an entire street light pole, luminaire arm, fixture and wiring typically associated with a street light knockdown that does require replacement of the foundation. Materials will be charged at cost plus the markup specified in this RFP.

Pull Box Lid Replacement - This shall include the cost of labor, materials, and equipment to purchase, supply, and replace a pull box lid with a fiberlyte lid due to damage or missing lid.

Photocell Replacement - This shall include the cost for labor and equipment (trucks, lifts, tools, traffic control, etc.) for replacing an existing photocell with a new photocell.

The replacement photocell cost shall not be included and shall be charged at material cost plus the markup specified in this RFP.

2. SCHEDULED REPAIRS

DESCRIPTION
LED Replacement (Cobra Head) - This shall include the cost for labor and equipment (trucks, lifts, tools, traffic control, etc.) for replacing an existing cobra head fixture with a new LED fixture, disposal and updating of database with model number installed and installation date. The replacement fixture cost shall not be included and shall be charged at material cost plus the markup specified in this RFP.

LED Replacement (Decorative fixture) - This shall include the cost for labor and equipment (trucks, lifts, tools, traffic control, etc.) for replacing an existing decorative fixture with a new fixture in kind, disposal and updating of database with model number installed and installation date. The replacement fixture cost shall not be included and shall be charged at material cost plus the markup specified in this RFP.

Streetlight Pole ID Tag - This shall include the cost for labor and equipment for installation of a unique pole ID tag for each pole, excluding the cost of the actual tag. Pole tags will be affixed to pole with an adhesive, no riveting or drilling will be performed. Material will be charged at cost plus the markup specified in this RFP.

House Side Shield Installation - This shall include the cost for labor and equipment associated with the installation of a house side shield on an existing fixture, excluding the cost of the actual shield. Material will be charged at cost plus the markup specified in this RFP.

RFP No. 26-107EG TRAFFIC SIGNAL & STREETLIGHT MAINTENANCE SERVICES

COMPENSATION
Exhibit "C"
SECTION II. STREETLIGHT MAINTENANCE AND REPAIR SERVICES

1. ROUTINE PREVENTATIVE MAINTENANCE
ROUTINE PREVENTATIVE MAINTENANCE TOTAL (sum of annual amount for item #1-2) 266
RFP No. 26-107EG TRAFFIC SIGNAL & STREETLIGHT MAINTENANCE SERVICES

COMPENSATION
Exhibit "C"
9 EA 100.00$
7,375.00$
ITEM # DESCRIPTION

STRAIGHT

TIME OVERTIME DOUBLE TIME
1 Signal Maintenance Technician 155.00$ 185.00$ 222.00$ 2 Signal Maintenance Supervisor 161.00$ 198.00$ 235.00$ 3 Field Traffic Signalman 155.00$ 185.00$ 222.00$ 4 Laborer 121.00$ 170.00$ 170.00$
5 Painter 121.00$ 170.00$ 170.00$
6 Engineering Technician 161.00$ 198.00$ 235.00$ 7 Graffiti Remover 121.00$ 170.00$ 170.00$ ITEM # WORK ORDER EQUIPMENT
HOURLY
RATE
1 Bucket Truck 36.00$
2 Pickup Truck 28.00$
3 Service Truck 36.00$
4 Service Ladder Truck NOT SAFE
5 Ladder Truck NOT SAFE
6 Concrete Saw and Water Truck 40.00$
7 Compressor with Tools 6.00$
8 Flex List (Hydraulic Boom) 65.00$
9 Boom Ladder Truck (Man Lift) 36.00$
10 Arrow Board (Per Day) 50.00$

3. PERSONNEL (Provide hourly rates for each)

4. EQUIPMENT
LED Driver Replacement - This shall include the cost for labor and equipment (trucks, lifts, tools, traffic control, etc.) for replacing an existing LED driver with a new LED driver. The replacement LED driver cost shall not be included and shall be charged at material cost plus the markup specified in this RFP.

SCHEDULED REPAIRS TOTAL (sum of items #1-9)
267

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.9
August 12, 2026
OpenGov Opera)ng and Capital Improvement Budge)ng So+ware Renewal Authorization
Prepared By:

Amanda Wells, Finance Director/City Treasurer
Recommended Action(s)
Staﬀ recommends that the City Council authorize
a Five-Year Soware Services Renewal with
OpenGov, Inc. for budge*ng soware and related professional services in an amount not-to-exceed $200,000, and authorize the City Manager to execute any related documents .

Summary
The budget process is facilitated and managed by the Finance Department. In 2022, staﬀ transi*oned from a manual Excel-driven budge*ng process to u*lizing soware from OpenGov.

OpenGov budge*ng soware allows for a collabora*ve working environment with departments in addi*on to a signiﬁcant reduc*on in Finance staﬀ hours involved in preparing, collec*ng, managing, analyzing, and balancing budget data. The soware also provides a user-friendly interface for City Departments to use. Finally, the soware provides for the complete crea*on of an online digital budget book and transparency portal within the soware. U*liza*on of the soware replaced the most *me-consuming project for both the Finance Department and other departments in the printed budget book and replaced it with an interac*ve budget website that s*ll holds all of the information and data the printed book offered.

Currently, staﬀ is working towards issuing a request for proposals (RFP) for enterprise resource planning (ERP) soware services and expects to select an ERP vendor by next summer. It is possible that some of the func*onality provided by OpenGov might be provided by the new ERP provider.

Should that occur, staﬀ will reduce the OpenGov services as necessary in order to eliminate duplicative services and take advantage of annual budget savings. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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Background
The city entered into a contract for budget soware with OpenGov in 2022. Staﬀ then implemented the soware and migrated from a manual, printed budget book process to an online interac*ve website "budget book." The implementa*on of the soware saved signiﬁcant *me for all city staﬀ involved in the budget request process and created a more pleasant experience for users.

Addi*onally, the process of crea*ng the budget book has been streamlined and now generates a website-based budget book that is interac*ve for public use. A contract upgrade with the city's ERP vendor, Springbrook, integrated the two systems via an overnight data push to OpenGov, ensuring that the data housed within OpenGov mirrors the city's oﬃcial ﬁnancial data. The current contract with OpengGov is evergreen and annually renews automa*cally, as such, no contract renewal is required. The contract may be canceled at the end of each 5-year renewal period. Staﬀ recommends City Council authorize an addi*onal ﬁve years of renewals. Staﬀ is preparing to issue an RFP for ERP soware and intends to begin implementa*on within the next 12 to 18 months. Implementa*on will likely last an addi*onal 18 to 36 months. Once an ERP vendor is selected, staﬀ will determine if OpenGov services can be reduced in favor of the new ERP budge*ng, or whether it is in the best interest of the city to con*nue to fully u*lize OpenGov. However, w hile implementa*on is
underway, the city will need to maintain the OpenGov soware to ensure opera*ons con*nue smoothly and without interruption during the new ERP implementation.

Environmental
Not applicable.

Strategic Plan Action - Priority Level: N/A
| Target #: F
| Goal #: C
Empower staff to innovate for efficiencies; create a culture of innovation.

Strengthen organizational development and effectiveness Fiscal Impact
Total annual ﬁscal impact with is approximately $36,000 for ﬁscal year 2026-27 and will increase with CPI in the following years. Adequate budget was appropriated during the ﬁscal year 2026-27 budget process and is available for the OpenGov contract in General Fund account 100-210-6615.

Prior City Council/Commission Action
The original contract with OpenGov, Inc., was approved by City Council on January 26, 2022. City Council authorized a ﬁve year agreement, that auto renews for a new 5-year term with a 5% CPI inflator.

Attachment(s)
Attachment 1 - OpenGov Software Services Agreement

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A- 2022- 009

OPENGOV SOFFWARE SERVICES AGREEMENT

OPENGOV SOFTWARE SERVICES AGREEMENT
This Software Services Agreement ( this " Agreement") is entered into by OpenGov, Inc., a Delaware corporation with a principal place of business at 6525 Crown Blvd #41340, San Jose, CA 95160 ("OpenGov") and the customer listed on the signature block below (" Customer"), as of the date of last signature below ( the " Effective Date"). This Agreement sets forth the terms under which Customer will be permitted to use OpenGov' s hosted software services.

1. DEFINITIONS
Customer Data" means data that is provided by Customer to OpenGov pursuant to this Agreement ( for example, by email or through Customer' s software systems of record). Customer Data shall not include any confidential personally identifiable information.

Documentation" means the documentation for the Software Services at the Customer Resource Center page found at https:// opengov. zendesk. com.

Feedback" means suggestions, comments, improvements, ideas, or other feedback or materials regarding the Software Services provided by Customer to OpenGov, including feedback provided through online developer community forums.

Initial Term" means the initial license term specified in number of years on the Order Form, commencing on the Effective Date.

Intellectual Property Rights" means all intellectual property rights including all past, present, and future rights associated with works of authorship, including exclusive exploitation rights, copyrights, and moral rights, trademark and trade name rights and similar rights, trade secret rights, patent rights, and any other proprietary rights in intellectual property of every kind and nature.

Order Form" means OpenGov' s Software Services order form that: ( a) specifies the Software Services provided by OpenGov; ( b) references this Agreement; and ( c) is signed by authorized representatives of both parties.

Renewal Term" means each additional renewal period, which shall be for a period of equal duration as the Initial Term, for which this Agreement is extended pursuant to Section 7.2.

2. SOFTWARE SERVICES, SUPPORT AND PROFESSIONAL SERVICES

2. 1 Software Services. Subject to the terms and conditions of this Agreement, OpenGov will use commercially reasonable efforts to perform the software services identified in the applicable Order Form entered into by OpenGov and Customer (" Software Services").

2.2 import & Service Levels. Customer support is available by email to support@opengov. com or by using the chat messaging functionality of the Software Services, both of which are available during OpenGov' s standard business hours. Customer may report issues any time. However, OpenGov will address issues during business hours. OpenGov will provide supportforthe SoftwareServices in accordancewith the Supportand SoftwareService Levels found at https://opengov.com/ service-sla, as longas Customeris entitledto receivesupport under the applicable Order Form and this Agreement. 2.
3 ProfessionalServices a)
If OpenGovor its authorizedindependentcontractors provides professionalservices to Customer, such as implementation services, then theseprofessionalservices will be describedin a statementof work ("SOW") agreed to by theparties (the " ProfessionalServices"). Unless otherwisespecified in theSOW, any pre -paidProfessionalServices Fees must be utilizedwithin one ( 1) yearfrom the EffectiveDate. Any unusedpre - paidProfessionalServices Fees shall be forfeited. b)
Unlessthe SOWprovidesotherwise, all reasonabletravel expenses, pre - approvedby Customerand incurred by OpenGovin performingthe professionalservices will be reimbursedby Customer. Travel expensesRev. 2018. 01_ 210428NA
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include cost of coach airfare travel round trip from the individual's location to Customer's location, reasonable hotel accommodations, ground transportation and meals.

3. RESTRICTIONS AND RESPONSIBILITIES

3. 1 Restrictions. Customer may not use the Software Services in any manner or for any purpose other than as expressly permitted by the Agreement. Customer shall not, and shall not permit or enable any third party to: ( a) use or access any of the Software Services to build a competitive product or service; ( b) modify, disassemble, decompile, reverse engineer or otherwise make any derivative use of the Software Services ( except to the extent applicable laws specifically prohibit such restriction); ( c) sell, license, rent, lease, assign, distribute, display, host, disclose, outsource, copy or otherwise commercially exploit the Software Services; ( d) perform or disclose any benchmarking or performance testing of the Software Services; ( e) remove any proprietary notices included with the Software Services; ( f) use the Software Services in violation of applicable law; or ( g) transfer any confidential personally identifiable information to OpenGov or the Software Services platform.

3. 2 Responsibilities. Customer shall be responsible for obtaining and maintaining computers and third party software systems of record ( such as Customer' s ERP systems) needed to connect to, access or otherwise use the Software Services. Customer also shall be responsible for: ( a) ensuring that such equipment is compatible with the Software Services, ( b) maintaining the security of such equipment, user accounts, passwords and files, and (c) all uses of Customer user accounts by any party other than OpenGov.

4. INTELLECTUAL PROPERTY RIGHTS; LICENSE GRANTS; ACCESS TO CUSTOMER DATA

4. 1 Software Services. OpenGov retains all right, title, and interest in the Software Services and all Intellectual Property Rights in the Software Services. The look and feel of the Software Services, including any custom fonts, graphics and button icons, are the property of OpenGov and Customer may not copy, imitate, or use them, in whole or in part, without OpenGov' s prior written consent. Subject to Customer' s obligations under this Agreement, OpenGov hereby grants to Customer a non-exclusive, royalty -free license during the Term to use the Software Services.

4. 2 Customer Data. Customer retains all right, title, and interest in the Customer Data and all Intellectual Property Rights therein. Customer hereby grants to OpenGov a non-exclusive, royalty -free license to, and permit its partners which include, without limitation the hosting providers of the Software Services) to, use, store, edit and reformat the Customer Data, and to use Customer Data for purposes of sales, marketing, business development, product enhancement, customer service, or for analyzing such data and publicly disclosing such analysis (" Insights"), provided that in all such uses Customer Data is rendered anonymous such that Customer is no longer identifiable.

4. 3 Access to Customer Data. Customer may download the Customer Data from the Software Services at any time during the Term, other than during routine software maintenance periods. OpenGov has no obligation to return Customer Data to Customer.

4. 4 Feedback. Customer hereby grants to OpenGov a non- exclusive, royalty -free, irrevocable, perpetual, worldwide license to use and incorporate into the Software Services and Documentation Customer' s Feedback.

OpenGov will exclusively own any improvements or modifications to the Software Services and Documentation based on or derived from any of Customer's Feedback including all Intellectual Property Rights in and to the improvements and modifications.

5. CONFIDENTIALITY

5. 1 Each party ( the " Receiving Party") agrees not to disclose any Confidential Information of the other party ( the Disclosing Party") without the Disclosing Party' s prior written consent, except as provided below. The Receiving Party further agrees: ( a) to use and disclose the Confidential Information only in connection with this Agreement; and ( b) to protect such Confidential Information using the measures that Receiving Party employs with respect to its own Confidential Information of a similar nature, but in no event with less than reasonable care. Notwithstanding the above, the Receiving Party may disclose Confidential Information to the extent required by law or court order, provided that prior written notice of such required disclosure and an opportunity to oppose or limit disclosure is given to the Disclosing Party.

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5. 2 " Confidential Information" means all confidential business, technical, and financial information of the disclosing party that is marked as " Confidential" or an equivalent designation or that should reasonably be understood to be confidential given the nature of the information and/ or the circumstances surrounding the disclosure ( including the terms of the applicable Software Agreement). OpenGov' s Confidential Information includes, without limitation, the software underlying the Software Services and all Documentation.

5. 3 Notwithstanding the foregoing, " Confidential Information" does not include: ( a) " Public Data," which is data that the Customer has previously released to the public, would be required to release to the public, upon request, according to applicable federal, state, or local public records laws, or Customer requests OpenGov make available to the public in conjunction with the Software Services. Confidential Information does not include ( b) information that has become publicly known through no breach by the receiving party; (c) information that was rightfully received by the Receiving Party from a third party without restriction on use or disclosure; or (d) information independently developed by the Receiving Party without access to the Disclosing Party's Confidential Information.

6. PAYMENT OF FEES

6. 1 Fees; Invoicing; Payment; Expenses.
a) Fees. The fees for the Software Services for the Initial Term and any Renewal Term ("Software Services Fees") and the fees for Professional Services (" Professional Services Fees") are set forth in the applicable Order Form. Software Services Fees and Professional Services Fees shall hereafter be referred to as " Fees". Except to the extent otherwise expressly stated in this Agreement or in an Order Form, ( i) all obligations to pay Fees are non - cancelable and all payments are non- refundable, ( ii) Customer must pay all Fees due under all Order Forms and SOW within thirty ( 30) days after Customer receives each invoice ( invoices are deemed received when OpenGov emails them to Customer's designated billing contact); ( iii) the Software Service Fee shall be due annually in advance, and (iv) Customermustmakeall paymentswithoutsetoffs, withholdingsor deductionsof anykind. b) Annual Software Maintenance Price Adjustment. OpenGov shall increase the Fees payable for the Software Services during any Renewal Term by 5% each year of the Renewal Term. c) Invoicing and Payment. OpenGov will invoice the Customer according to the Billing Frequency listed on the Order Form. Customer shall pay all invoices according to the Payment Terms listed on the Order Form. d) Travel Expenses. Unless the SOW provides otherwise, OpenGov will invoice Customer for travel expenses, pre -approved by the Customer, incurred in connection with each SOW as they are incurred. Customer shall pay all such valid invoices within thirty ( 30) days of receipt of invoice. Each invoice shall include receipts for the travel expenses listed on the invoice.
e) Customer Delays; On Hold Fee.

I. On Hold Notice. Excluding delays caused by Force Majeure as described in Section 10.5, if OpenGov determines that Customer's personnel or contractors are not completing Customer's responsibilities described in the applicable SOW timely or accurately, OpenGov shall promptly, but in no event more than thirty ( 30) days from the date of such determination deliver to Customer a notice ( an " On Hold Notice") that A) designates the Professional Services to be provided to the Customer as " On Hold", ( B) detail Customer' s obligations and responsibilities necessary for OpenGov to continue performing the Professional Services, and C) specify the Customer shall be invoiced for lost time in production (e.g. delayed or lost revenue resulting from rescheduling work on other projects, delay in receiving milestone payments from Customer, equipment, hosting providers and human resources idle) for a fee equal to 10% of the first year Software Service Fee ( the On Hold Fee").

II. Effects of On Hold Notice. Upon issuing an On Hold Notice, OpenGov shall be entitled, without penalty, to ( A) reallocate resources otherwise reserved for the performance of the Professional Services, and B) stop or caused to be stopped the Professional Services to be provided to the Customer until the Customer has fulfilled its obligations as set forth in the On Hold Notice. OpenGov shall remove the "On Hold" status, only upon Customer's fulfillment of its obligations set out in the On Hold Notice, including payment of the On Hold Rev. 2018. 01 _ 210428NA
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Fee. Upon Customer' s fulfillment of its obligations in the On Hold Notice, OpenGov may, in its sole discretion, extend the timeline to complete certain Professional Services up to six ( 6) weeks, depending on the availability of qualified team resources ( OpenGov cannot guarantee that these team resources will be the same as those who were working on the project prior to it being placed On Hold). OpenGov shall bear no liability or otherwise be responsible for delays in the provision of the Professional Services occasioned by Customer' s failure to complete Customer' s responsibilities or adhere to a Customer schedule which were brought to the attention of the Customer on a timely basis, unless such delays result, directly or indirectly from the failure of OpenGov or its authorized independent contractors to perform the Professional Services in accordance with this Agreement or applicable SOW.

6. 2 Consequences of Non -Payment. If Customer fails to make any payments required under any Order Form or SOW, then in addition to any other rights OpenGov may have under this Agreement or applicable law, ( a) Customer will owe late interest penalty of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower and (b) If Customer's account remains delinquent (with respect to payment of a valid invoice) for thirty ( 30) days after receipt of a delinquency notice from OpenGov, which may be provided via email to Customer's designated billing contact, OpenGov may temporarily suspend Customer's access to the Software Service for up to ninety (90) days to pursue good faith negotiations before pursuing termination in accordance with Section 7. Customer will continue to incur and owe all applicable Fees irrespective of any such Service suspension based on such Customer delinquency.

6. 3 Taxes. All Fees under this Agreement are exclusive of any applicable sales, value- added, use or other taxes Sales Taxes"). Customer is solely responsible for any and all Sales Taxes, not including taxes based solely on OpenGov' s net income. If any Sales Taxes related to the Fees under this Agreement are found at any time to be payable, the amount may be billed by OpenGov to, and shall be paid by, Customer. If Customer fails to pay any Sales Taxes, then Customer will be liable for any related penalties or interest, and will indemnify OpenGov for any liability or expense incurred in connection with such Sales Taxes. In the event Customer or the transactions contemplated by the Agreement are exempt from Sales Taxes, Customer agrees to provide OpenGov, as evidence of such tax exempt status, proper exemption certificates or other documentation acceptable to OpenGov.

7. TERM & TERMINATION

7. 1 Term. Subject to compliance with all terms and conditions, the term of this Agreement shall commence on the Effective Date and shall continue until the Subscription End Date specified on the Order Form ( the " Initial Term") unless sooner terminated pursuant to Section 7.3 below.

7. 2 Renewal. This Agreement shall automatically renew for another period of the same duration as the Initial Term the " Renewal Term" and together with the Initial Term, the " Term"), unless either party notifies the other party of its intent not to renew this Agreement in writing no less than thirty ( 30) days before the end of the Initial Term.

7. 3 Termination. Neither party shall have the right to terminate this Agreement without a legally valid cause. If either party materially breaches any term of this Agreement and fails to cure such breach within thirty ( 30) days after notice by the non -breaching party ( ten ( 10) days in the case of non- payment), the non -breaching party may terminate this Agreement. Additionally, Customer may terminate this Agreement, upon providing at least ninety 90) days notice prior to the annual anniversary date of the Agreement (" Anniversary Date") upon the occurrence of an Event of Nonappropriation as defined below. An " Event of Nonappropriation" occurs when prior to each Anniversary Date: a) Customer uses all efforts that are lawful and within Customer' s official power, to secure the appropriate funds for the next year' s Fees, including indicating the Software Services serve an essential purpose to Customer; and b) Customer has not acquired, used or issued a proposal for similar products or services during this period or has not hired any third party or allowed its own employees to use other services in place of the Software Services. Customer shall permit OpenGov to assist with the efforts in a) above, including providing OpenGov with direct access to Customer' s applicable appropriations team.

7. 4 Effect of Termination.
a) In General. Upon termination pursuant to Section 7.3 or expiration of this Agreement pursuant to Section

7. 1: ( a) Customer shall pay in full for all Software Services and Professional Services performed up to and including the effective date of termination or expiration, ( b) all Software Services provided to Customer hereunder shall Rev. 2018. 01 _ 210428 NA
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immediately terminate; and (c) each party shall return to the other party or, at the other party's option, destroy all Confidential Information of the other party in its possession. b) Deletion of Customer Data. Unless otherwise requested pursuant to this Section 7.4( b), upon the expiration or termination of this Agreement the Customer Data, excluding any Insights, shall be deleted pursuant to OpenGov' s standard data deletion and retention practices. Upon written request, Customer may request deletion of Customer Data, excluding any Insights, prior to the date of termination or expiration of this Agreement. Such request must be addressed to " OpenGov Vice President, Customer Success" at OpenGov' s address for notice described at Section 10.

7. 5 Survival. The following sections of this Agreement shall survive termination: Section 5 (Confidentiality), Section 6 ( Payment of Fees), Section 7. 4( b) ( Deletion of Customer Data), Section 8.3 ( Warranty Disclaimer), Section 9 Limitation of Liability) and Section 10 ( Miscellaneous).

8. REPRESENTATIONS AND WARRANTIES; DISCLAIMER

8. 1 By OpenGov.
a) General Warranty. OpenGov represents and warrants that: ( i) it has all right and authority necessary to enter into and perform this Agreement; and (ii) the Professional Services, if any, will be performed in a professional and workmanlike manner in accordance with the related statement of work and generally prevailing industry standards. For any breach of the Professional Services warranty, Customer's exclusive remedy and OpenGov's entire liability will be the re -performance of the applicable services. If OpenGov is unable to re -perform all such work as warranted, Customer will be entitled to recover all fees paid to OpenGov for the deficient work. Customer must make any claim under the foregoing warranty to OpenGov in writing within ninety (90) days of performance of such work in order to receive such warranty remedies.
b) Software Services Warranty. OpenGov further represents and warrants that for a period of ninety (90) days, the Software Services will perform in all material respects in accordance with the Documentation. The foregoing warranty does not apply to any Software Services that have been used in a manner other than as set forth in the Documentation and authorized under this Agreement. OpenGov does not warrant that the Software Services will be uninterrupted or error - free. Any claim submitted under this Section 8. 1(b) must be submitted in writing to OpenGov during the Term. OpenGov's entire liability for any breach of the foregoing warranty is to repair or replace any nonconforming Software Services so that the affected portion of the Software Services operates as warranted or, if OpenGov is unable to do so, terminate the license for such Software Services and refund the pre- paid, unused portion of the Fee for such Software Services.

8. 2 By Customer. Customer represents and warrants that (i) it has all right and authority necessary to enter into and perform this Agreement; and ( ii) OpenGov's use of the Customer Data pursuant to this Agreement will not infringe, violate or misappropriate the Intellectual Property Rights of any third party.

8. 3 Disclaimer. OPENGOV DOES NOT WARRANT THAT THE SOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE SERVICES. EXCEPT AS SET FORTH IN THIS SECTION 8, THE SOFTWARE SERVICES ARE PROVIDED " AS IS" AND OPENGOV DISCLAIMS ALL OTHER

WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON - INFRINGEMENT.

9. LIMITATION OF LIABILITY

9. 1 By Type. NEITHER PARTY, NOR ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES,

CONTRACTORS OR EMPLOYEES, SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT

MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY: ( A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR LOSS OF BUSINESS; ( B) FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; OR ( C) FOR

ANY MATTER BEYOND SUCH PARTY' S REASONABLE CONTROL, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

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9. 2 By Amount. IN NO EVENT SHALL EITHER PARTY' S AGGREGATE, CUMULATIVE LIABILITY FOR ANY

CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT EXCEED THE FEES PAID BY

CUSTOMER TO OPENGOV ( OR, IN THE CASE OF CUSTOMER, PAYABLE) FOR THE SOFTWARE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY.

9. 3 Limitation of Liability Exclusions. The limitations of liability set forth in Sections 9.1 and 9.2 above do not apply to, and each party accepts liability to the other for: ( a) claims based on either party' s intentional breach of its obligations set forth in Section 5 (Confidentiality), (b) claims arising out of fraud or willful misconduct by either party and (c) either party's unauthorized use, distribution, or disclosure of the other party's intellectual property.

9. 4 No Limitation of Liability by Law. Because some jurisdictions do not allow liability or damages to be limited to the extent set forth above, some of the above limitations may not apply to Customer.

10. MISCELLANEOUS

10.1 Logo Use. OpenGov shall have the right to use and display Customer's logos and trade names for marketing and promotional purposes in connection with OpenGov's website and marketing materials, subject to Customer's trademark usage guidelines provided to OpenGov.

10.2 Notice. Ordinary day-to-day operational communications may be conducted by email, live chat or telephone communications. However, for notices, including legal notices, required by the Agreement (in Sections where the word "notice" appears) the parties must communicate more formally in a writing given by personal delivery, by pre- paid first- class mail or by overnight courier to the address specified in the most recent Order Form ( or such other address as may be specified in writing in accordance with this Section).

10.3 Anti -corruption. OpenGov has not offered or provided any bribe, kickback, illegal or improper payment, gift, or thing of value to any Customer personnel in connection with the Agreement, other than reasonable gifts and entertainment provided Customer in the ordinary course of business. If OpenGov become aware of any violation of the above restriction then OpenGov shall promptly notify Customer.

10.4 Iniunctive Relief. The parties acknowledge that any breach of the confidentiality provisions or the unauthorized use of a party's intellectualpropertymay resultin seriousand irreparableinjuryto the aggrievedpartyfor which damages may not adequately compensate the aggrieved party. The parties agree, therefore, that, in addition to any other remedy that the aggrieved party may have, it shall be entitled to seek equitable injunctive relief without being required to post a bond or other surety or to prove either actual damages or that damages would be an inadequate remedy.

10.5 Force Majeure. Neither party shall be held responsible or liable for any losses arising out of any delay or failure in performance of any part of this Agreement, other than payment obligations, due to any act of god, act of governmental authority, or due to war, riot, labor difficulty, failure of performance by any third -party service, utilities, or equipment provider, or any other cause beyond the reasonable control of the party delayed or prevented from performing.

10.6 Severability; Waiver. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any express waiver or failure to exercise promptly any right under this Agreement will not create a continuing waiver or any expectation of non -enforcement. There are no third -party beneficiaries to this Agreement.

10.7 Assignment. Except as set forth in this Section, neither party shall assign, delegate, or otherwise transfer this Agreement or any of its rights or obligations to a third party without the other party' s prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed. Either party may assign, without such consent but upon written notice, its rights and obligations under this Agreement to: ( i) its corporate affiliate; or ( ii) any entity that acquires all or substantially all of its capital stock or its assets related to this Agreement, through purchase, merger, consolidation, or otherwise. Any other attempted assignment shall be void. This Agreement shall inure to the benefit of and bind each parry' s permitted assigns and successors.

10.8 Independent Contractors. No agency, partnership, joint venture, or employment is created as a result of this Agreement and neither party has any authority of any kind to bind the other party in any respect.

Rev. 2018. 0 i_ 210428NA
275

OPENGOV SOFTWARE SERVICES AGREEMENT

10.9 Attorneys' Fees. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees.

10.10 Governing Law and Jurisdiction. This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions. Exclusive jurisdiction for litigation of any dispute, controversy or claim arising out of or in connection with this Agreement shall be only in the Federal or State court with competent jurisdiction located in San Mateo County, California, and the parties hereby submit to the personal jurisdiction and venue therein.

10.11 Complete Agreement. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.

SIGNATURE PAGE TO FOLLOW]
Rev. 2018. 01_ 210428NA
276
DocuSign Envelope ID: 9F41914C. 8AFF- 451 F-8892- 2OA61 D59COF2

OPENGOV SOFTWARE SERVICES AGREEMENT
Signatures
Customer: i1} OF tdNVQIf
Signature:

Name: flv irJ C1A1GA
Title: tt( ilYlU Ci+J Manaarx
Date: oI I g' i l 006a
OPENGOV, INC.

Docusigned by:

Signature: cDa ocD„ wa
Name:

Waranya Simbeck
Title:

Date:

Head of Finance
2/ 1/ 2022
SIGNATURE PAGE TO OPENGOV SOFTWARE SERVICES AGREEMENT]
Rev. 2018. 01_ 210428NA
277
DowSign Envelope ID: 9F41914C- 8AFF- 451 F-8892- 2OA61 D59COF2

Q OPENGOV
Created On: 11W.' 022
Quote Expiration: 1512022
Subscription Start Date:
2112022 Subscription End Data:
lOln_027Consumerid'oessidun
Customer City of Easrvale, CA
Bill Tmgb ip To: 12363 Laterite Avenue, Suite 910
Easnnle, Culd' omu 91752
UnitedSmtus
Order Debris
Billing Frequcaq: Annual
Payment Terms: Na Thaty( 30) Days
SOFIIVARE SERVICES:

Product/ Service
Budgeting E Planning
PROFES SI ONAL S ERVI C ES:
lsmdud/ Serviw
OMGow Daploymcnt
OPMGuV Inc
PO Box 41340
San Jos, CA 95160
Unital State
Prepared 11, Andre Aa io
Email: akercado& pengov cam
Contract Term: W Months
Contact Nnnte: Anwnda Wells Contact Name: Amanda Wills
Email: owellsrdeutvalecagov Email: awells© curvalecs. gov Phone: ( 951)703-0 38 ( 951) 7034439
Description: See Billing Table Below
Stall Dme End Daze Annual Tenn Annual Face
11112022 151 _ 027 5 S34200. 00
Annual Subscription: 5 41,200. 00
Desorption
Product configuration, setup, and treating described in the anached SOW.

Prefessionei Service Total: 539, 775. 00
pilling T' oble:

Billion Data Amount Due
FebruaryI, 2M S73, 975 W fSb/mnn•.Sensra - PrJ aitmrd.R•nurs J February, 1, 2M S34, 2MW
Febntmy 1. 2024 S34, 200W
Fcbwq I,= 5 34, 200. 00
February 1, 2026 S34, 2W 00
Order Form Legal Terms
Welcometo OpenG.0 Thanksfin usingour Sail, aSarvim. This Order Formis enteredinto betweenOpouGov, Inc, with itsprincipalplaceof businessat6525Crown Blvd n41340SanJose, CA 951W ("OpenGov'), andyou, theentityidentifiedabove (-Custrai asof theEffectiveDate This Oder Fan includesandincorporatestheOp inGov Soft.. Smices Agreement (- SSA") atuched, or tf to such SSA is attached. OmSSA aveuable at hops Pialushov comMrns- or- service and the epplauble Sassari of Work SOW') nmrporuW hereinmtheeventProfessionalServicesarepurchased. TheOrda Form, SSAandSOW'shallhereapcberefined suu tlx' Agrecment'. UnlessoOtawae specifiedabove feesfor theSoftwareServicesandProfessionalSmicrs shallbedueandpayablein advance, on theElfeaive Dote. By signingthis Agreement, Custmner acknowledgesthis it his reviewed andagreestobelegally boundby, theOperi SoftwareServicesAgrcemmt Eachpartys acceptmceof this Agr. t is conditional upon the otha' s acceptance of the Issuesin the Agreement to the exclusion of all other terms OP. Gov, ine
D,oeuShuosdbby;
Slimmione
DiJGAO4
Name Wdf' dflyd S7RIbeC
Heald Of Finance
Doe2/ 1/ 2022
278

Q OPENGOV
Created On: I/ 14/ 2022
Quote Expiration: 1/ 312022
Subscription Start Date:
112022 Subscription End Date:
1/31/2027CustomerInformation
Customer: Cny of Eastvale, CA
Bill TotShip To: 12363 Limonite Avenue, Suite 910
Easbale, Cald' omia 91752
Uniled States
Order Details
Billing Frac uenq: Amoral
Payment Terms: NetThery(30) DaysOpenGew
Inc. PO
Box 41340San
lost CA 95160United
States Prepared
By: Andrew kerado Email:
akaado@opmgov emn Can
tract Term: 60 MonthsContnctName.

Amanda Wells Contact Name: Amanda Wdls Email: awells@eestvnmgov Email; owells@easmalecagov Phone: ( 951)
703- 4438 ( 951) 7034438 Description: See
Billbrg TableBelow SOFTWARESERVICES:

Product/ Service
Stan Dare End Date AnnualTorn Annual Fee Budgeting S
Plarming 2' 1
202215112M75 S34, 2WW An anal
Su bscripIt..: 534, 200. 00 PROFESSI
ONA LSERVICES: Pradua/Semce
DescriptionOpenGov Deployment
Product conegureuon, semp, and aammgdescribedin the attachedSOWProfessionalServices Total: S39, 775. 01) BilbpgTable
Baling Date
Amount Due February 1,
2022 73,975 W (. 1' jnrore. acer - Y f" suouriserwcrs) February1, 2W3 34,2WW February1,
2024 34,200A0 February1,
2025 34.200. W FebruaryI,
2026 S34,20. 00 Order Fenn
Legal Terms Welcometo
OpenGovlThanesfor using ourSoftwareServicesThis Order Formis ataedintobetweenOpmCmv. Inc., with its principalplaceof bmnmeasm 6525 CrownBlvd 1340 San Jose, CA 95160 ("OpenGew"), and you, the entity identifiedabove ("Customer'), as of theE fmtiveDam. The: Order Fo i clWm andercorporatesthe OpmGov SoRwmeServices Agrccman("SSA") amched, or ifo, suchSSA is attached, theSSA evadableathttps//c engov. coMtmns.of- servire andthe applicableStatementofWork SOW') mccepormed herein in the eventProfessionalServicesone purchased. TheOrder Form. SSA and SOW shallhereafterbe referred to as the-Agreanmt'. Unlessothaw¢ c specified above, fees for the SoftwareServicesand Profess. mmi Services sholl be, due andpayable, in advance. onthe EffectiveDate. By signesgthis AgreementCustomeracknowledgesthat it has reviewecLandagrees to be legallyboundby, the OpmGovSoftwareServices AgreementEach peny' s acceptanceofthis Agreementu conditionaluponthe other's aaeptameof the turnsin the Agreementto the exclusionofall other terms. OpmGev, In .

Sigrsume. Name.

Date
279

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.10
August 12, 2026
Springbrook Enterprise Resource Planning So)ware Renewal Authorization
Prepared By:

Amanda Wells, Finance Director/City Treasurer
Recommended Action(s)
Staﬀ recommends that the City Council authorize
a Five-Year Soware Services Renewal with
Springbrook Holding Company, LLC for enterprise resource planning ﬁnancial soware in an amount not-to-exceed $300,000, and authorize the City Manager to execute any related documents .

Summary
Financial enterprise resource planning (ERP) soware packages are u4lized by local government agencies to gather and organize data. Without an ERP system, the City would be unable to properly account for and track revenues and expenditures and adequately fulﬁll statutory and regulatory repor4ng requirements. The City has u4lized an ERP system through Springbrook since 2013. The Springbrook ERP soware provides the City with a ﬁnance suite including accounts payable, accounts receivable, bank reconcilia4on, budge4ng, cash receipts, clearing house, ﬁxed assets, general ledger, purchasing, project management, and payroll. In 2020 the City migrated to Springbrook's cloud version of the soware. Currently, staﬀ is working towards issuing a request for proposals (RFP) for ERP services and expects to select an ERP soware provider and implementa4on partner by next summer. In the mean4me, the City needs to con4nue with its current Springbrook software agreement until the new ERP is implemented.

Background
The city entered into a contract for on-premise ERP soware with Springbrook in 2013. In 2020, the city migrated to Springbrook's cloud-based soware, elimina4ng the need for onsite servers and the maintenance costs related to servers. The migra4on included addi4onal soware func4onality such 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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280
as import func4ons, check voucher and repor4ng, customizable checks, enhanced ad-hoc repor4ng, and automa4c soware upgrades. The contract with Springbrook includes licenses and support maintenance for the ﬁscal year. Maintenance and support includes system and bug patches, informa4on systems support, and any system updates that implement statutory changes such as State and Federal repor4ng. Addi4onally, the city contracts with Springbrook for integra4on services between Springbrook and OpenGov, the city's budget and transparency soware. The integra4on allows for overnight data push updates from Springbrook to OpenGov. The integra4on allows OpenGov to mirror the current ﬁnancial data housed in Springbrook. The current contract with Springbrook is evergreen and renews automa4cally annually, as such, no contract renewal is required. The contract may be canceled at the end of each service year. Staﬀ recommends City Council authorize an addi4onal ﬁve years of renewals. Staﬀ is preparing to issue an RFP for ERP soware and intends to begin implementa4on within the next 12 to 18 months. Implementa4on will likely last an addi4onal 18 to 36 months. While implementa4on is underway, the city will need to maintain the Springbrook soware to ensure opera4ons con4nue smoothly and without interruption during the new ERP implementation.

Environmental
Not applicable.

Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
ERP soware is a basic ﬁnancial necessity in order to meet statutory and regulatory requirements of operating a municipal organization and is not a strategic activity.

Fiscal Impact
Total annual ﬁscal impact with is approximately $55,000 for ﬁscal year 2026-27 and will increase with CPI in the following years. Adequate budget was appropriated during the ﬁscal year 2026-27 budget process and is available for the Springbrook contract in General Fund account 100-210-6615.

Prior City Council/Commission Action
The original Springbrook contract approved in 2013 was under $25,000 and administra4vely approved. Previous City Council ac4on occurred on August 26, 2020 (item 11.11) when a six year pricing contract was approved with a 4.5% CPI annual inﬂator. Integra4on services between Springbrook and OpenGov was approved by City Council on June 22, 2022 (item 11.7).

Attachment(s)
Attachment 1 - Springbrook Software Order Form

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DocuSign Envelope ID: CiCA1478- EEA2- 4504- 9152- E10A953FB6F6 Sprig
Order Form for Eastvale, CA - City of
10- 15- 2020
Eastvale, CA - City of SaaS Cloud Migration
282
DocuSign Envelope ID: C1CA1478- EEA2- 4504- 9152- Et0A953FB6F6 Dear Amanda Wells,
Thank you for the opportunity to submit this order form in the amount of $ 45,915.00.

All of usat Springbrook are working to provide the best possiblesolutions for your agencyand your citizens.

Our goal is nothing short of your 100% satisfaction.

Thank you for being a valued customer.

Sincerely,
Taylor Lemmon
Taylor Lemmon
Product Pricing
Product
Item Name List Price/ Unit description Duration Quantity Discount
Net Price
Accounts Receivable
Subscription
4, 114. 62 1 1 0% 4, 114. 62
Finance Suite Subscription 16, 859. 51 1 1 36. 96% 10, 627. 98 Human Resources Management
Subscription
4, 500. 00 1 1 0% 4, 500. 00
Payroll Subscription 9, 000. 00 1 1 0% 9, 000. 00
Project Management
Subscription
4, 976. 70 1 1 0% 4, 976. 70
Purchase Orders Subscription 4, 695. 70 1 1 0% 4, 695. 70 springbrooksoftware. com I p: 866.777.0069 1 info@sprbrk. com 2/ 7
283
DocuSign Envelope ID: Cl CAI 478- EEA2- 4504- 9152- E 10A953FB6F6 Professional Services Pricing
Item Name
SaaS Migration Professional Services
General Information
Total List Price $ 44, 146. 53
Discount

14. 12%
Products Total Net Price
a7, 915. 00
List Price/ Unit
IQuantity
Discount%
5169. 00 80 40. 83%
Total List Price
Discount
Professional Services Total Net Price
Net Price
8, 000. 00
13, 520. 00

40. 83%
8, 000. 00
Grand Total: $ 45, 915. 00
Order Detail
Customer Name: Eastvale, CA - City of
Customer Contact: Amanda Wells
12363 Limonite Ave. Suite 910, Eastvale, California, United States, Customer Address: 91752
springbrooksoftware. com I p: 866.777. 0069 1info@sprbrk. com 3/ 7
284
DOCL
This Order Form is governed by the applicable terms found at:

MSA: https:// sprbrk. box. com/ v/ sprbrk- saas- terms
GoverningAgreement( s): MLA: https:// sprbrk. app. box. com/ v/ sprbrk- onpremise- terms Professional Services: https:// sprbrk. app. box. com/ v/ sprbrk- svcs- terms Term( s): I year
Order Terms
Order Start Date
The Order Start Date is defined as follows:

Items Ordered Order Start Date
Professional Services Orders Date of last signature on the Order Form The earlier of a) date of delivery" of software or log -in to Software Licenses, Subscriptions, hosted software to Customer or b) 60 days after last Maintenance and Hosting ( New) signature on the Order Form Software Licenses, Subscriptions, The day after expiration of your last order of the same Maintenance and Hosting ( Renewal) product
The date of delivery of software to the Customer is the date the software is made available to the customer, either by delivery of software or delivery of first log -in to a hosted environment, which may be either a test or production environment. This date of delivery is frequently earlier than the dates professional services are completed, the Customer completes user acceptance testing, the Customer distributes additional log -ins to end users, and the Customer go -live in a production environment.

Order Duration
The Order Duration is defined as follows:

Any Software Licenses or Hardware are one- time, non- refundable purchases.

Subscriptions, Maintenance, Hosting and Support (" Recurring Services") continue fromthe Order Start Date through the number of months listed in this Order Form ( or if not listed, twelve ( 12) months).
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DocuSign Envelope ID: CiCA1478- EEA241504- 9152- E10A9; Orders for RecurringServicesauto -renew unlessthe Customeror Springbrook provides awritten notice of non -renewal at least sixty ( 60) days' before the end of the Order Term SubscriptionServicefees and any other recurring feeswill be subject to an automatic annual increase by not more than four percent ( 4%) of the prior year' s Subscription Service fees Standard Annual Price Increase").

Invoice Timing and Delivery
Invoices are delivered electronically via e-mail to the billing contact on file for the Customer. Customer invoicesare issuedfor the full amount of software and servicespurchasedasfollows:

Items Ordered Invoice Timing
Professional Services Orders Monthly for services in the prior month Software Licenses and Hardware Customer signature on Order Form Subscriptions, Maintenance and Hosting (New) Customer signature on Order Form Software Licenses, Subscriptions, Maintenance and
Hosting ( Renewal) 60 days in advance of the Order Start Date i CivicPay Transactions Monthly for transactions in the prior month Payment Terms
Currency USD
Net 30Payment Terms
Billing Contact Amanda Wells
Billing Email awells@eastvaleca. gov
If Customer requires PO number on invoices, it must be provided to the right and Customer must provide Springbrook copy of the PO prior to invoice issuance. If no PO number provided prior to invoice issuance date,
invoices issued on this Order Form will be valid without a PO reference. springbrooksoftware.com I p: 866.777.0069 [email protected] 5/ 7
286
DocuSign Envelope ID. CiCA1478- EEA2- 4504- 9152- Et0A953FBGF6 PO# ( If required):
springbrooksoftware. com ( p: 866.777. 0069 1info@sprbrk. com 6/ 7
287
DocuSign Envelope ID: ClCA147
AsBuyer, by signingyou agreeto the terms and conditions asset forth in this agreement.

BUYER SIGNATURE DATE oI1%laO
As Seller, by signing you agree to the terms and conditions as set forth in this agreement.

Springbrook Representative
Coocuslone
cy:
cvccslW&

SELLER SIGNATURE
mN58srMgFB F
SELLERSIGNATUEDATE10/15/ 2020
Jared Hale
springbrooksoftware. com I p: 866.777.0069 1info@sprbrk. com 7/ 7
288

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.11
August 12, 2026
Coopera've Agreement with Corona Norco Uniﬁed School District for Rondo Elementary School Back Lot Student Drop-Off/Pickup Prepared By:

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

1 .

Approve the Coopera$ve Agreement with CNUSD
for preconstruc$on phase of the
Back Lot
Student Drop-Off/Pick area project at Rondo School of Discovery ; and
2 .

Approve and Adopt a Resolu$on Amending the 2026-27 Fiscal Year Opera$ng Budget for the Cooperative Agreement; and
3 .

Authorize the City Manager to execute all necessary documents.

Summary
Staﬀ is seeking approval to enter into a Coopera$ve Agreement with the Corona Norco Uniﬁed School District (CNUSD) for the preconstruc$on phase of the Back Lot Student Drop-Oﬀ/Pick area project at Rondo School of Discovery.

Background
There exists a poten$al opportunity to construct a dedicated school traﬃc drop-oﬀ and pick-up area for Rondo Elementary on an exis$ng vacant lot owned by the Orange County Flood Control District (A?achment 1). Located within a designated ﬂoodplain, this improvement is intended to address longstanding traﬃc conges$on and enhance safety and circula$on during peak school arrival and dismissal periods.
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Recognizing the signiﬁcant community beneﬁt of this improvement, the City has partnered with the Corona-Norco Uniﬁed School District (CNUSD) to advance the project. Under this partnership, the City will serve as the lead agency, coordina$ng with permiDng agencies and retaining the consultants necessary to prepare environmental documenta$on and design plans. CNUSD will fund the design and construc$on of the improvements, while the City will maintain oversight and ﬁnal decision-making authority throughout the project to ensure compliance with all regulatory and project requirements.

To clearly deﬁne each party’s responsibili$es and ﬁnancial obliga$ons, staﬀ, in coordina$on with the City A?orney’s Oﬃce, prepared a Coopera$ve Agreement with CNUSD. The agreement has received approval from the CNUSD Board on July 28, 2026. Upon execu$on of the agreement, the City will issue a No$ce to Proceed to the design consultant, ini$a$ng preconstruc$on ac$vi$es, including environmental studies and project design. Following comple$on of the environmental review and design phase, and con$ngent upon obtaining the right to use the vacant lot from Orange County Flood Control District, the agreement will be amended or a new coopera$ve agreement will be prepared to address the construc$on-phase services and will be brought back to the City Council for future consideration and approval.

Throughout the dura$on of the project, City staﬀ will work closely with CNUSD and the design consultant to ensure the project is delivered eﬃciently, meets all regulatory requirements, and achieves its primary objec$ve of improving student access, traﬃc opera$ons, and public safety for the surrounding community.

Environmental
California Environment Quality Act (CEQA) review is not required at this $me and there is no commitment to construct the project. Prepara$on of any necessary environmental clearances for the project is a part of the scope of work contemplated by this Cooperative Agreement.

Strategic Plan Action - Priority Level: 2
| Target #: E
| Goal #: F
Improve traffic mobility and management throughout the City's key corridors Fiscal Impact
The total ﬁscal impact associated with approval of the Coopera$ve Agreement is es$mated to be $335,000. All project expenditures incurred by the City will be fully reimbursed by CNUSD up to $335,000, excluding City staﬀ $me. Ini$al project costs will be funded using General Fund (100-510- 6490-93034) and subsequently reimbursed, resul$ng in no net ﬁscal impact to the City. A budget resolu$on is required to amend the ﬁscal year 2026-27 opera$ng budget in the amount of $335,000 in the General-Fund Public Works Contract Services account 100-510-6490-20003-0000 for expenditures and $335,000 in revenues in General Fund miscellaneous revenue account 100-000- 4700-20003-0000.

Per sec$on 2.1 of the coopera$ve agreement: CNUSD will promptly pay in full all itemized invoices received from City for costs related to the Student Drop-Oﬀ/Pick-Up Area with the total amount not to exceed $335,000, unless addi$onal funding is approved in advance in wri$ng by CNUSD. Staﬀ will prepare an invoice detailing the total costs amounts due and payable to Eastvale for pre- construction costs.
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Prior City Council/Commission Action
On June 10, 2026, the City Council approved the Professional Services Agreement with CNS Engineers, Inc. for the Hellman Avenue Street Widening Project, which included as an op$onal task within the scope of work the pre-construc$on phase work related to the Rondo Elementary Student Drop-Off/Pick-Up Lot.

Attachment(s)
Attachment 1 - Existing vacant lot owned by the OCFCD
Attachment 2 - Cooperative Agreement

Attachment 3 - Budget Resolution

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CUCAMONGA CREEK

PHILISTINE

RONDO SCHOOL

OF DISCOVERY
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RESOLUTION NO. 26-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTV ALE, CALIFORNIA, AMENDING ITS 2026-27 FISCAL YEAR OPERATING BUDGET FOR THE CNUSD PRE-

CONSTRUCTION COOPERA TIVE AGREEMENT RONDO ELEM ENTARY SCHOOL AUXILIARY STUDENT DROP-OFF / PICK-UP AREA.

WHEREAS the Operating Plan and Budget for fiscal year 2026-27 of the City of Eastvale has been adopted by this Council in its original form, and said budget will need to be amended at times to fulfill the goals of the City; and

WHEREAS, the City departments may not exceed their appropriations by character of expense, with character of expense being defined as personnel services, services and supplies, capital outlay, debt service and transfers, without the consent of the City Manager; and

WHEREAS, the City and CNUSD have identified an Orange County Flood Control owned parcel of land for Rondo Elementary School auxiliary student drop-off use south of the school site on Hellman Avenue; and

WHEREAS, the City and CNUSD have entered into a cooperative agreement to commence pre- construction activities for the student drop-off facility; and

WHEREAS, the Budget Plan does not include adequate budget for the expenditures associated with pre-construction costs nor the revenues expected from CNUSD to reimburse the city for costs incurred in accordance with the cooperative agreement; and

WHEREAS, staff desire to amend the 2026-27 Operating Budget and appropriate $335,000 each in revenue and expenditures for the cooperative agreement.

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

SECTION 1. AUTHORIZE AN APPROPR IATION IN THE GENERAL FUND , CONTRACT SERVICES EXPENDITURE ACCOUNT NO. 100-510-6490-20003-0000 IN THE AMOUNT OF $335,000 FOR THE

CNUSD PRE -CONSTRUCTION COOPERATIVE AGREE MENT RONDO ELEMENTAR Y SCHOOL AUXILIARY STUDENT DROP-OFF / PICK-UP AREA.

SECTION 2. AUTHORIZE AN APPROPRIATION IN THE GENERAL FUND, MISCELLANEOUS REVENUE ACCOUNT NO. 100 -000-4700-20003-000 IN THE AMOUNT OF $ 335,000 AND FOR THE CNUSD

PRE-CONSTRUCTION COO PERATIVE AGREEMENT R ONDO ELEMENTARY SCHO OL AUXILIARY STUDENT DROP-OFF / PICK-UP AREA.

PASSED, APPROVED AND ADOPTED this 12th day of August 2026.

327

__________________________________________
Jocelyn Yow
Mayor

APPROVED AS TO FORM: ATTEST:

__________________________________________ __________________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk
328

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE ) §

CITY OF EASTVALE )

I, Marc A. Donohue, City Clerk of the City of Eastvale, California, do hereby certify that the foregoing City Council Resolution No. 26-XX, was duly adopted by the City Council of the City of Eastvale, California, at a meeting held on the 12th day of August 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

____________________________________
Marc A. Donohue, MMC
City Clerk
329

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.12
August 12, 2026
Approval of the Coopera*on Agreement for the Community
Development Block Grant (CDBG), HOME Investment Partnerships Program, and Emergency Solu*ons Grant (ESG) for Fiscal Years 2027, 2028, and 2029
Prepared By:

Samantha Greven, Senior Management Analyst
Recommended Action(s)
Staﬀ recommends that the City Council adopt a Resolu
on authorizing par
cipa
on in the County of
Riverside's Urban Program for ﬁscal years 2027, 2028, and 2029, and approving and authorizing the Mayor to execute the Coopera
ve Agreement for the Community Development Block Grant (CDBG), HOME Investment Partnerships Program, and Emergency Solu ons Grant (ESG) for ﬁscal years 2027,
2028, and 2029.

Summary
The City of Eastvale currently par
cipates in the County of Riverside's Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Solu ons Grant (ESG)
programs as a Coopera
ng City. Execu
on of the Coopera
on Agreement and adop
on of the
resolu
on will allow the City of Eastvale to par
cipate in the County's CDBG, HOME, and ESG
programs for fiscal years 2027, 2028, and 2029.

Background
The Community Development Block Grant (CDBG) is a Federally funded block grant program created by Congress in 1974. CDBG grants are awarded to local governments and non-proﬁt sponsors to carry out community development ac
vi
es by providing decent housing, a suitable living
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environment, and opportuni
es to expand economic opportuni
es, principally for low-and
moderate-income persons.

CDBG funds are allocated by the U.S. Department of Housing and Urban Development (HUD) to state and local governments on a yearly basis with the goal of developing ac vi
es directed toward
revitalizing neighborhoods, economic development, and providing improved community facili es
and services.

Analysis
The City of Eastvale has par
cipated in the County of Riverside's Urban Community Program since 2012. This program allows the City to par
cipate in the Community Development Block Grant
(CDBG), Home Investment Partnership (HOME), and Emergency Solutions Grant (ESG) programs.

Execu
on of the Coopera
on Agreement and adop
on of the resolu
on will allow the City to
con
nue to par
cipate in the County's CDBG, HOME, and ESG programs for ﬁscal years 2027, 2028, and 2029.

Environmental
Entering into an agreement with the County of Riverside to par cipate in the Urban Community
Program is not a project pursuant to the California Environmental Quality Act (CEQA) and no further environmental review is required.

Strategic Plan Action - Priority Level: N/A
| Target #: C
| Goal #: I
Leverage grant funding.

Fiscal Impact
Par
cipa
on in the County of Riverside's Urban Community Program will allow the City to apply for CDBG grants in fiscal years 2027, 2028, and 2029.

The County of Riverside Department of Housing and Workforce Solu ons (HWS) has not issued the
City of Eastvale’s CDBG No
ce of Funding Availability (NOFA) for the period of 2027-2029. The NOFA is expected to be released by the County prior to each ﬁscal year. When the NOFA is released the County will provide an es
mated alloca
on for the program year. Budget will not be appropriated un
l the City enters into a program speciﬁc agreement with the County and the County subsequently issues the City an incur cost letter.

Prior City Council/Commission Action
March 22, 2023 - City Council established funding priori es for the 2024-2025 CDBG Program Year
as: Americans with Disabili
es Act (ADA) Improvements, Library Services, Senior Services, Youth Services, and Home Improvement Services.

June 28, 2023 - City Council Approved the Coopera
on Agreement for Urban County Qualiﬁca
on
2024-2026, Authorized the Mayor to Execute the Coopera
on Agreement, and Approved and
adopted a resolu
on authoring par
cipa
on in the County of Riverside's Urban County Program for fiscal years 2024-2025, 2025-2026, 2026-2027.

November 8, 2023 – City Council elected to approve and adopt Eastvale’s 2024-2029 ﬁve-year 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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331
HUDCPD funding priori
es as: Americans with Disabili
es Act (ADA) Improvements, Library Services,
Senior Services, Youth Services, Home Improvement Services. City Council also allocated $15,000 of the FY 24/25 CDBG funding to the Corona-Norco Family YMCA for their Senior Health and Wellness Program, and then designated the en
rety of the remaining funds ($143,629) to the County of Riverside Home Enhancement Program (HEP).

November 13, 2024 - City Council allocated the en
rety of Eastvale's 2025-2026 CDBG alloca
on to
the County of Riverside Home Enhancement Program (HEP).

January 8, 2025 - City Council approved agreements for the 2024-2025 Community Development Block Grant Program Year.

October 7, 2025 - City Council approved agreements for the 2025-2026 Community Development Block Grant Program Year.

January 14, 2026 - City Council authorized the rollover of all CDBG funds from ﬁscal year 2026–2027 for use in future program years.

Attachment(s)
AKachment 1 - Resolu
on Authorizing Par
cipa
on in the County of Riverside's Urban County
Program for 2027-2029

Attachment 2 - City of Eastvale Cooperation Agreement

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
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332

RESOLUTION NO. 26-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, AUTHORIZING PARTICIPATION IN THE COUNTY OF RIVERSIDE’S URBAN COUNTY PROGRAM FOR FISCAL YEARS 2027, 2028, AND 2029.

WHEREAS, the City of Eastvale has elected to participate as unit of local government (Cooperating City) in the County of Riverside’s Urban County Program for Federal Fiscal Years 2027, 2028, and 2029; and

WHEREAS, the Cooperation Agreement will allow the County and City to carry -out activities which are funded by Community Development Block Grant (CDBG), Home Investment Partnerships Program (HOME) funds, and Emergency Solutions Grant (ESG); and

WHEREAS, the Cooperation Agreement will allow the Cooperating City to participate in the Urban County Consolidated Planning Programs.

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

SECTION 1. The Cooperation Agreement between the County of Riverside and the City of Eastvale is hereby approved; and

SECTION 2. The City Council hereby authorizes and directs the Mayor to execute the Cooperation Agreement on behalf of the City of Eastvale.

PASSED, APPROVED AND ADOPTED this 12th day of August, 2026.

__________________________________________
Jocelyn Yow
Mayor

APPROVED AS TO FORM: ATTEST:

__________________________________________ __________________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk
333

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §

CITY OF EASTVALE )

AYES:

NOES:

ABSENT:

ABSTAIN:

____________________________________
Marc A. Donohue, MMC
City Clerk
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Cooperation Agreement For CDBG, HOME And ESG Funds 2027-2029

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Eastvale City CouncilAugust 12, 2026

Eastvale City Council
August 12, 2026