Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 33. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision( s).
SECTION 34. NO THIRD -PARTY BENEFICIARIES.
There are no intended third -party beneficiaries to this Agreement. Nothing in the Agreement or the attachments and/ or exhibits incorporated herein shall operate to confer rights or benefits on persons or entities not party to the Agreement.
SECTION 35. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first -above written.
SIGNATURES ON FOLLOWING PAGE]
16-
4923- 1828-806v5
CITY OF EASTVALE
Mark Orme
City Manager
ATTEST:
Ma Donohue
City Clerk
APPROVED AS TO FORM
cam- 1/ a
Erica Vega
City Attorney
GEOCON WEST, INC.
Nea
President
17-
4923- 1828- I8Q6 v5
EXHIBIT "A"
SCOPE OF SERVICES
Attend a pre -construction meeting.
Provide observation and testing during site grading activities on a lull -time basis. This will include observation of the over -excavation bottoms by a professional engineer or geologist. and observation and testing of engineered fill placement by an experienced technician.
Prepare areport of observation and testing during grading for pad certifications.
Provide observation of foundation excavations prior to concrete placement for structures.
Provide observation and testing during backftll of wet and dry utilities. Wet utilities are typically required to have full time observation and testing per governing agencies while part time observation and testing during backtill of shallow dry utilities is acceptable.
Provide testing of subgrade for cross gutters, curb & gutter, pavers, and sidewalks on a parttime basis.
Provide observation and testing of subgrade. aggregate base. and asphaltic concrete pavement.
We have estimated that our observation and testing services will be required on a part- time basis for subgrade and base placement. and on a full- time basis during asphalt concrete paving.
Provide observation. testing. and inspection for offsite improvements.
Perform laboratory testing of soil and asphalt samples. We anticipate the testing will consist of maximum dry density and optimum moisture content, expansion index. sulfate screening. and I lveem density of the asphalt concrete.
Prepare a final report documenting the results of our observation and testing services during grading and construction of site improvements.
Provide professional project support. which includes project management. attendance at meetings when requested. preparation of compaction letters as required by agencies. response to RFI' s. and QA/C support.
ASSUMPTIONS:
o Work will be performed during typical working hours of 7 am to 5 pm Monday through Friday. Weekend and night work are not expected. 4923- 1828-806 v5 A- 1
EXHIBIT " B"
COMPENSATION
Cost Estimate Table
Activity Description Personnel Rate Qty Estimate
Geotechnical Observation & Testing Services
Geotechnical Observation & Testing Services
esung and Observation of
Rough Grading - est 3 weeks
Wet & Dry Utility Trench Backlit' Concurent est 6weeks
Offsite Work - eft 3 weeks pan time
Flatwork & Paving Subgrade • est 4 weeks part time
Paving est 1 week
Vehicle & Equipment
Professional Observations during Earthwork • est 4 hrs/ wk for 20 weeks
Footing Inspections
Engineering Technician
Engineering Technician
Engineenng Technician
Engineering Technician
Engineering Technician
Engineering Technician
Project Engineer/ Geologist
Project Engineer/ Geologist
Geotechnical Laboratory Testing
Maximum Density/ Optimum Moisture • 4.' 0) 1557 Soils) Laboratory Expansion Potential at Finish Grade Laboratory
Sulfate Content at Finish Grade Laboratory
Hveem Density - Asphalt i D2726/ CAL 308) laboratory
Miscellaneous Lab Testing & Reporting Laboratory
Sample Pick Up & Delivery Technician/ LabTech
Professional Project Support
Project Management. QA/C, Meetings, Etc .
Project Coordination/ Scheduling, QA QC
Final Report of T&O during Grading and Improvements
135 135 $ 18, 225
S135 270 536, 450
5135 68 59, 180
135 90 512, 150
51. 35 45 $ 6, 075
520 563 511, 260
155 80 $ 12, 400
5125 24 5000
Subtotal: $ 108, 740
5300 6 51, 800
250 3 5750
5125 3 $ 375
225 1 545u
2, 000 1 52, 000
595 9 855
Subtotal: $ 6, 230
CEG/ GE $ 155 60 59, 300
Engineering Assistant/ Tech Supervisor 5125 40 55, 000
CEG/ GE 52,00 1 52,00
Subtotal: $ 16, 800
ESTIMATE: $ 131, 770
4923- 1828-806 v5
C- 1
W E S T, I N C.
GEOTECH NICAL E N V I R O N M E N T A L M A T E R I A L S iiie.,,, Nr„)
2024 SCHEDULE OF FEES — RV24
Rates will increase by 3% on January 1St of each year.
Professional Services
Word Processor/ Non- Technical Assistant/ Drafsman/ Dispatcher $ 95/ hr Engineering Assistant/ Lab Technician $ 95/ hr
Engineering Field Technician ( Earthwork/ Compaction Testing/ Backfill) *$ 85/ hr Special Inspector ( Concrete, Rebar, Masonry, Welding, etc.) *$ 90/ hr Engineering Inspector ( Bottom Approval / Shoring / Foundations / Piles) *$ 110/ hr LA City Deputy Grading Inspector ( Bottom Approval / Shoring / Foundations / Piles) *$ 125/ hr Staff Engineer/ Geologist *$ 125/ hr
Senior Staff Engineer/ Geologist *$ 135/ hr
Project Engineer/ Geologist *$ 145/ hr
Senior Project Engineer/ Geologist *$ 155/ hr
Senior Engineer/ Geologist *$ 175/ hr
Associate Engineer/ Geologist *$ 200/ hr
Principal Engineer/ Geologist/ Litigation Support $ 400/ hr Attorney Fees ( General) $ 500/ hr
Deposition or Court Appearance $ 550/ hr
Overtime/ Saturday Rate/ Night Rate ( 7pm — 6am w/ 8 -Hour minimum per call out) 1. 5 X Regular Hourly Rate Sunday and Holiday Rate 2 X Regular Hourly Rate
Minimum Field Services Fee per call -out, 4 Hours (if 4 hours or less), 8 Hours (if more than 4 hours and less than 8 Hours) Short -Notice Cancellation, 4 Hours (if after 4 pm of the day prior to the scheduled inspection time) Short -Notice Cancellation, 4 Hours (upon or after arrival at jobsite) Prevailing Wage ( PW) California Labor Code § 1720, et. Seq add $ 50/ hr Travel
Personnel Regular Hourly Rate
Subsistence ( Per Diem) Quote Based on Location
Vehicle Mileage 0. 75/ mile
Equipment, Materials
Nuclear Density Gauge/ Sand Cone Testing Equipment *$ 10/ hr Dynamic Cone Penetrometer $ 250/ day Vehicle *$ 10/ hr Generator or Air Compressor $ 100/ day Special Inspection Equipment *$ 5/ hr Hand -Auger $ 40/ day Pick- up Truck $ 175/ day Lath Bundle $ 100/ ea
55 -Gallon Drum .$ 75/ ea Manometer $ 100/ day
AC Cold Patch $ 35/ bag Mobile Laboratory with Lab Technician $ 1, 650/ day Gravel $ 35/ bag Perforated 3" PVC Pipe $ 45/ 10ft
Quick Set PCC Patch $ 35/ bag Sand Cone Testing Equipment $ 10/ hr Sand $ 35/ bag Schmidt Hammer $ 100/ day
GPS Unit $ 175/ day Soil Sample Tube $ 15/ ea
Battery -Powered Pump $ 100/ day Temp Marking Paint $ 20/ can Coring Machine (concrete, asphalt, masonry) $ 285/ day Water Buffalo $ 75/ ea Double Ring Infiltrometer $ 200/ day Water Level Indicator $ 50/ day Drive -Tube Sampler $ 60/ day
41571 Corning Place, Suite 101 Murrieta, California 92562 • Telephone 951. 304. 2300 • www. geoconinc. com
Laboratory Tests*
COMPACTION CURVES
D698/1557/ T99/108) 4 -inch mold $ 300/ ea
D698/1557/ T99/108) 6 -inch mold $ 300/ ea
CT 216) California Impact $ 300/ ea
Check Point $ 125/ ea
01632/ CT312) Soil Cement Cyl. Fabrication ( Set of 3) $ 200/ set D1632/ CT312) Soil Cement Cyl. Fabrication ( Addtl. Spec.) $ 75/ ea D1633/ CT312) Soil Cement Comp. Strength ( Set of 3) $ 350/ set D1633/ CT12) Soil Cement Comp. Strength ( Addtl. Spec.) $ 125/ ea
SOIL AND AGGREGATE STABILITY
D2844/ CT3O1) Resistance Value $ 350/ ea
D2844/ CT3O1) Resistance Value, Treated $ 350/ ea
D1883) California Bearing Ratio $ 600/ ea
C977) Stabilization Ability of Lime 185/ ea
D1883) Calif. Bearing Ratio (Army Corp of Engineers) 600/ ea
CHEMICAL ANALYSIS
6187/ CT643/ T288) pH and Resistivity $ 175/ ea
D4972/ T289) pH Only $ 75/ ea
CT417) Sulfate Content $ 125/ ea
CT422) Chloride Content $ 125/ ea
D2974) Organic Content $ 100/ ea
PERMEABILITY, CONSOLIDATION AND EXPANSION
D5084) Permeability, Flexible Wall $ 270/ ea
D5856) Permeability, Rigid Wall $ 260/ ea
D2434) Permeability, Constant Head .. $ 280/ ea
D2434) Permeability, FHA Slab -on -Grade $ 110/ ea
D2434) Permeability, Hourly $ 55/ ea
D2435/ T216) Consolidation ( 6 pts. w/ Unload) $ 400/ ea 02435/ T216) Consolidation Additional Point w/ Unload $ 90/ ea D4546) Swell/ Compression Testing & Density $ 125/ ea
D4546) Swell/ettlement Testing & Density ( ea. addtl. pt) , $85/ ea D4546) Swell/ettlement Testing & Density ( County) $ 100/ ea D4546) Swell/ettlement Testing & Density ( FHA) $ 90/ ea D4829) Expansion Index of Soils $ 250/ ea
STEEL TESTING
Reinforcing Steel Tests:
A370) Tensile Strength & Elongation
11 Bar & Smaller $ 100/ ea
14 Bar $ 125/ ea
18 Bar ( Proof Test) $ 150/ ea
A370) Bend Test
11 Bar & Smaller $ 50/ ea
14 & # 18 Bar $ 75/ ea
A370) Tensile - Mechanically Spliced Bar
11 Bar & Smaller .$ 175/ ea
14 Bar & Larger .$ 225/ ea
A370) Tensile — Electric Resist. Butt Splice w/ Control $ 175/ ea A370) Straightening of bar (if required) $ 50/ ea
Structural Steel Tests:
A370) Machining & Prep of Test Specimen Cost + 20%
A370) Tensile Strength & Elongation
Up to 200, 00 Ibs $ 125/ ea
200, 00 - 300, 00 lbs $ 150/ ea
300, 00 -400, 00 lbs $ 175/ ea
Pre -stressing Wire & Tendon Tests:
A421) Tensile Strength, Single Wire $ 175/ ea
A416) Tensile Strength, 7 -Wire Strand $ 200/ ea
SOIL AND AGGREGATE PROPERTIES
0422/ T88) Particle Size, Hydrometer w/ out Sieve $ 250/ ea C136/ 06913/ T27) Sieve, Coarse to Fine w/ #200 Wash ... $ 175/ ea C136/ D6913/ T27) Sieve, Coarse or Fine w/ #200 Wash $ 150/ ea C136/ D6913/ T27) Sieve, Coarse or Fine No #200 Wash $ 125/ ea C117/ D140/ T1) Materials Finer than # 200 $ 115/ ea
02216/ T265/ CT226) Moisture Content $ 40/ ea
02487/ D2488) Visual Soil Classification $ 40/ ea
D2937) Density of In -Place Soil, Drive- Cyl. Method $ 5d/ ea D4943) Shrinkage Factors of Soils, Wax Method $ 75/ ea
C131/535/ CT211) L.A. Abrasion Resistance 250/ ea
C142/ T112) Clay Lumps and Friable Particles 155/ ea
SOIL AND AGGREGATE PROPERTIES (CONTD.)
C123/ T113) Light Weight Particles $ 250/ ea
D3744/ CT229/ T210) Durability Index Fine $ 200/ ea
D3744/ CT229/ T210) Durability Index Coarse $ 200/ ea
CT227) Cleanness Value $ 200/ ea
D4791) Flat & Elongated Particles $ 175/ ea
D693/ CT205) Percent Crushed Particles $ 200/ ea
D5821) Percent. of Fractured Particles, Coarse Aggregate $ 200/ ea C4O/T213/ T1) Organic Impurities $ 100/ ea
C235) Soft Hardness ( Scratch Hardness) $ 125/ ea
C88/T214/ T104) Sulfate Soundness $ 500/ ea
C1252/ T304) Uncompact. Void Content, Fine Aggregate $ 175/ ea C127/T206/ T85) Coarse Specific Gravity $ 150/ ea
C128/T207/ T84) Fine Specific Gravity $ 175/ ea
D854/ CT209/ T100) Specific Gravity of Soil $ 200/ ea
C29/T212/ T19) Unit Weight & Percent Voids $ 125/ ea
02419/ CT217/ T176) Sand Equivalent $ 150/ ea
04318/ CT204/ T89/90) Plastic Index ( Plastic/ Liq. Limit) $ 250/ ea 04318/ CT204/ T89) Liquid Limit $ 125/ ea
D4318/ CT204/ T90) Plastic Limit $ 125/ ea
C330) Spec. for Lightweight Aggregates, Struc. Concrete .......... Quote
SHEAR STRENGTH
D2166) Unconfined Compression $ 100/ ea
03080/ T236) Direct Shear ( 3 points) $ 350/ set
D3080/ T236) Direct Shear Addtl. Points/ ea. residual pass $ 125/ ea D2850) Unconsolidated- Undrained Triaxial Shear $ 115/ ea D2850) Unconsolidated- Undrained Triaxial Staged $ 160/ ea D4767) Consolidated- Undrained Triaxial Shear $ 265/ ea D4767) Consolidated- Undrained Triaxial Staged $ 340/ ea EM1110) Consolidated - Drained Triaxial Shear $ 375/ ea EM1110) Consolidated - Drained Triaxial Staged $ 480/ ea MASONRY**
Concrete Block Test (Sets of 3 Required):
C140) Unit Weight Moisture Content & Absorption $ 350/ ea C140) Moisture Content/ Absorption (ea, addtl. specimen) $ 125/ ea C140) Compression Test $ 300/ ea
C140) Compression Test ( ea. addtl. specimen) $ 125/ ea C426) Linear Drying Shrinkage $ 350/ ea
C109/ UBC 21- 16) Mortar Cylinder (2" x4") $ 30/ ea
C942) Grout Prism (3" x3"6"), trimming included $ 35/ ea Masonry Prism ( Assemblage):
C1314) 8" x8"16" — 8" x12"16" $ 200/ ea
C1314) 8" x16"16" — 10" x12"16" $ 225/ ea
C1314) 12" x12"16" — 12" x16"16" $ 250/ ea
C1314) Larger than 12" x16"16" Quote
2 -
Laboratory Tests* (continued)
High Strength Bolt, Nut, & Washer Tests:
A325/490) Tensile Test on Bolts
A563) Proof Load Test on Nuts
A325/490) Hardness Test on Bolts
A536) Hardness Test on Nuts
F436) Hardness Test on Washers $ 50/ ea
Weld Specimen Tests:
E164) Ultrasonic Examination Quote
Machining & Prep of Test Specimen Cost + 20%
E381) Macrotech Test ( 3 Faces) $ 355
ASPHALT TESTING
Asphalt Properties:
D2726/ CT308/ T166) Bulk Spec. Gray. Compacted HMA $ 100/ ea D1560/ CT366) Stabilometer Value ( HVEEM) $ 225/ ea
D2041) Theoretical Max Specific Gravity $ 200/ ea
D5444) Sieve Analysis of Extracted Asphalt $ 250/ ea
D6307/ CT382) Percent Asphalt, Ignition Method $ 175/ ea D1188) Unit Weight of Asphalt Core $ 95/ ea
MISCELLANEOUS TESTING SERVICES
Calibration of Hydraulic Ram:
100 Ton & Under $ 250/ ea
101 Tons — 200 Tons $ 350/ ea
Use of Universal Testing Machine:
UTM with One Operator $ 400/ ea
Additional Technician Regular Tech Rate
Spray Applied Fireproofing:
E605/736) Fireproofing Oven Dry Density/ Thickness $ 125/ ea Brick Test (Set of 5 Specimens):
100/ ea ( C67) 24 -Hour Absorption, Cold Water $ 250/ set 100/ ea ( C67) 5 -Hour Absorption, Boiling Water $ 250/ set 50/ ea ( C67) Compression Test or Modulus of Rupture $ 300/ set 50/ ea ( C67) Each Additional Specimen $ 100/ ea
CONCRETE**
Mix Designs:
ACI211/ ACI214) Concrete Mix Design $ 450/ ea
ACI211/ ACI214) Review of Concrete Mix Design $ 450/ ea C192) Concrete Trial Mix (includes equipment & labor) $ 650/ ea Concrete Properties:
C39/T521/ T22) Comp. Strength, Concrete Cyl $ 30/ ea
C42/T521/ T22) Comp. Strength, Concrete/ Gunite Core $ 60/ ea C78/T523) Flex. Strength of 6" x6"21" Concrete Beam $ 125/ ea C174) Length Measuring of Drilled Cores $ 100/ ea
C1140) Shotcrete Panel - Coring & Testing (Set of 3) $ 350/ set C1140) Shotcrete Panel ( each addtl. specimen) $ 125/ ea C496) Static Modulus of Elasticity $ 250/ ea
C496) Drying Shrinkage ( Set of 3, up to 28 days) $ 650/ set 0642) Spec. Gravity, Absorp., Voids in Hardened Concrete $ 95/ ea F1869) Vapor Emission Rate, Concrete Subfloor $ 50/ ea
2X Surcharge an rush turn -around for laboratory testing.
Fee applies for sample storage, testing, or disposal.
1. Listed are typical charges for the services most frequently performed by Geocon. Prices for unlisted services as well as special quotations for programs involving volume work will be provided upon request. Laboratory test prices shown are for laboratory work only, and include reporting of routine results not calling for comments, recommendations or conclusions.
2. Sampling and testing is conducted in substantial conformance with the latest applicable or designated specifications of the American Society for Testing and Materials, Coltrans, American Association of State Highway and Transportation Officials, or other pertinent agencies.
3. Saturday, night work, and overtime hours are charged at time and one- half; Sundays and holidays at double time. Per diem is 155. 00per day when location of work dictates.
4. Equipment and materials will be billed at cost plus 15%. Outside services including subcontractors and rental of special equipment are billed at cost plus 15%. Hourly services are billed portal to portal from closest office in accordance with the stated hourly rates herein, with a minimum two- hur charge.
5. Invoices will be submitted at four -week intervals. Terms of payment are met upon presentation of invoice. invoices become delinquent thirty ( 30) days from invoice date and subject to one and one- half percent ( 1-/2%) service charge per month, or the maximum rate allowed by law, whichever is lower. ff Client objects to all or any portion of any invoice, Client will so notify Geocon in writing within fourteen ( 14) calendar days of the invoice date, identify the cause of disagreement, and pay that portion of the invoice not in dispute. The parties will immediately make every effort to settle the disputed portion of the invoice. Payment on delinquent invoices will first be applied to accrued interest and then to the principal amount. All time spent and expenses incurred ( including any attorney' sfees and costs) in connection with collection of any delinquent amount will be paid by Client to Geocon per Geocon' s current fee schedule.
6. Client and Geocon shall allocate certain of the risks so that, to the fullest extent permitted by law, Geocon' s (the term " Geocon" includes Geocon' s
partners, officers, directors, employees, agents, affiliates, subcontractors and subconsuitants) total aggregate liability to Client is limited to the greater of $150, 00 or the total compensation received from Client by Geocon for services rendered on this project, for any and all of Client' sinjuries, damages, claims, losses, expenses, or claim expenses arising out of this Agreement from any cause or causes, including attorneys' fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above.
7. Client and Geocon shall allocate certain of the other risks so that, to the fullest extent permitted by law, Client shall limit Geocon' s total aggregate liability to all third parties, including contractors, subcontractors of all tiers, materialmen, and others involved in Client' s project, as well as persons and other entities not involved in the project, to the greater of $ 300, 00 or the total compensation received from Client by Geocon for services rendered on this project, for any and all injuries, damages, cause or causes, including attorneys' fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above, including all liability incurred by Geocon for acts, errors, or omissions, pursuant to entering into agreements with third parties on behalf of Client in order to obtain access or entry onto property not owned by Client. Client agrees to notify all contractors and subcontractors of any limitation of Geocon' sliability to them, and require them to abide by such limitation for damages suffered by any contractor or subcontractor arising from Geocon' sactions or inactions. Neither the contractor nor any subcontractor assumes any liability for damages to others which may arise on account of Geocon' sactions or inactions. 3 -
EXHIBIT " C"
INSURANCE
A. Insurance Requirements. Contractor shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Contractor, its agents, representatives or employees. Insurance is to be placed with insurers with a current A. M.
Best' srating of no less than A: VII.
Contractor shall provide the following scope and limits of insurance:
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Commercial General Liability. Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). 2) Automobile. Insurance Services Office form number CA 0001 Ed. 1/ 87) covering Automobile Liability, including code 1 " any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. 3) Workers' Compensation. Workers' Compensation insurance as required by the Labor Code of State of California covering all persons providing Services on behalf of the Contractor and all risks to such persons under this Agreement. 4) Professional Liability. Professional liability insurance appropriate to the Contractor' sprofession. This coverage may be written on a " claims made" basis. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three 3) consecutive years following the completion of Contractor' sservices or the termination of this Agreement. During this additional three (3) year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage.
2. Minimum Limits of Insurance. Contractor shall maintain limits of insurance no less than:
1) Commercial General Liability. $ 1, 000,00 general aggregate for bodily injury, personal injury and property damage. 2) Automobile. $ 1, 000,00 per accident for bodily injury and property damage. A combined single limit policy with aggregate limits in an amount of not less than $ 2, 000,00 shall be considered equivalent to the said required minimum limits set forth above.
4923- 1828-806 v5
C- 1
3) Workers' Compensation. Workers' Compensation as required by the Labor Code of the State of California of not less than $ 1, 000,00per occurrence. 4) Professional Liability. $ 1, 000,00per claim.
B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:
1. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City.
2. Commercial General Liability and Automobile Liability Coverages. 1) City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Contractor performs; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees. 2) Contractor' sinsurance coverage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Contractor' sinsurance. 3) Contractor' sinsurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer' sliability.
4) Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.
3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Contractor. 4923- 1828-806 v5
C- 2
C. Other Requirements. Contractor agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City may require that Contractor furnish City with copies of original endorsements effecting coverage required by this Exhibit "C". The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Contractor shall furnish certificates and endorsements from each subcontractor pursuant to the terms included in this Exhibit " C" to the extent applicable to the subcontractor' sscope of work and trade.
2. Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit Contractor' sliability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
4923- 1828-806 v5
C- 3
ACC7REP0 CERTIFICATE OF LIABILITY INSURANCE
D, y
2DATE ( 6/ 26/
MM/ DDIYYYT)
025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
PRODUCER
Cavignac
451 A Street, Suite 1800
San Diego CA 92101
CONTACT
NAME: Certificate Department
PHONE FAX
INC. No. Ext): 619- 744- 0574 ( A/ c, No): 619- 234- 8601 ADDRESS: certificates@cavignac. com
INSURER( S) AFFORDING COVERAGE NAIC #
INSURER A: National Fire Insurance CO. of Hartford 20478 INSURED GEOCINC- 01
Geocon6960 West,
6960 Flanders IncDrive Drive
San Diego, CA 92121
INSURER B : Amer Cas. Co of Reading, PA 20427
c : Redwood Fire & Casualty Ins Co 11673
INSURER D: Pacific Insurance Company, Ltd 10046
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: 580924116 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR TYPE OF INSURANCE
ADDL
INSD
SUER
WVD POLICY NUMBER
POLICY EFF
IMM/ DD/ YYYY)
POLICY EXP
MM/ DD/ YYVY) LIMITS
A X COMMERCIAL GENERAL LIABILITY Y 6079910091 111/ 2025 11112026 EACH OCCURRENCE 1, 000.00
DAMAGE TO ENTED
CLAIMS - MADE X OCCUR PREMISES ( Ea occurrence) 1, 000,00 X Cross Llab. Inc. MED EXP ( Any one person) 15, 000
X
Separation of in PERSONAL & ADV INJURY 1, 000,00
GEN' L GENERAL AGGREGATE 2, 000,00
X
AGGREGATE
POLICY
OTHER:
X
LIMIT APPLIES
Ira X
PER:
LOC PRODUCTS - COMP/ O AGG 2, 000,00
Deductible 0
B AUTOMOBILE
X
X
LIABIUTY
ANY AUTO
ALL OWNED
AUTOS
HIRED AUTOS X
SCHEDULED
AUTOS
NO OWNED
AUTOS
8079910086 1/ 2025 1/ 2026 COMBINED SINGLE LIMIT
Ea accident) 1. 000.00
BODILY INJURY ( Per person)
BODILY INJURY ( Per accident)
PROPERTY DAMAGE
Per accident)
UMBRELLA UAB
EXCESS LIAR
OCCUR
CLAIMS - MADE
EACH OCCURRENCE
AGGREGATE
DE0 RETENT ON $
C WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y
ANY PROPRIETOR/ PARTNER/ EXECUTIVE
OFFICER/ MEMBER EXCLUDED?
Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N / A
Y GEWC529796 1/ 2025 1/2026 X STATUTE 0TH
E. L. EACH ACCIDENT 1, 000,00
E. L. DISEASE - EA EMPLOYEE 1, 000,00
E. L. DISEASE - POLICY LIMIT 1, 000,00
D Professional Liability 13OH056188125 1/ 2025 1/ 2026 Each Claim/ Aggregate $ 2M/$ 5M DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Re: Geocon Project # T3026 -22- 01A I New Civic Center at Eastvale City Hall, 12363 Limonite Avenue, Suite 910, Eastvale, CA. Additional Insured coverage applies to General Liability and Automobile Liability for the City of Eastvale and its respective elected and appointed officers, officials, employees, and volunteers per policy form. Primary coverage applies to General Liability and Automobile Liability per policy form. Waiver of subrogation applies to Workers Compensation per policy form. Professional Liability - Claims made form, defense costs included within limit. If the insurance company elects to cancel or non -renew coverage for any reason other than nonpayment of premium they will provide 30 days notice of such cancellation or nonrenewal. Auto Physical Damage: $ 1, 000 Comprehensive & Collision Deductibles. Professional Liability Coverage Deductible $ 150, 00 per claim.
CERTIFICATE HOLDER CANCELLATION
City of Eastvale
12363 Limonite Avenue, Suite 910
Eastvale, CA 91752
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2014/ 01)
1988- 2014 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
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SECOND AMENDMENT TO AGREEMENT WITH
GEOCON WEST, INC. TO PROVIDE
GEOTECHNICAL OBSERVATION AND TESTING SERVICES
FOR CIVIC CENTER PROJECT
This Second Amendment to Agreement for Geotechnical Observation and Testing Services (“Second Amendment”) is entered into this ____ day of _________, 2026 by and between the City of Eastvale, a municipal corporation (“City”), and Geocon West, Inc., a California corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.
RECITALS
A. City and Contractor entered in an agreement (No. A-2025-083) for Geotechnical Observation and Testing Services for the Civic Center Project on June 25, 2025 with a not to exceed amount of $131,770 (“Agreement”).
B. City and Contractor entered into a First Amendment to the agreement on or about February 25, 2026 to increase the total compensation not to exceed amount to $268,160.00.
C. The Parties wish to amend the Agreement through this Second Amendment to increase the contract amount by $244,840.00 for a revised compensation not to exceed amount of $513,000.00.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the Parties do hereby enter into this Second Amendment which modifies and amends the Agreement as follows:
1. AMENDMENTS. The Agreement is hereby modified and amended as follows:
a. The Compensation set forth in Section “4 (a)” to the Agreement is hereby amended to increase the total compensation not-to-exceed amount under the Agreement by Two Hundred Forty Four Thousand Eight Hundred Forty ($244,840.00). The revised total not-to-exceed compensation for all Services under the Agreement, as amended hereby, shall not exceed Five Hundred Thirteen Thousand Dollars ($513,000.00) unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of the Agreement.
2. GENERAL PROVISIONS.
a. Remainder Unchanged. Except as specifically modified and amended in this Second Amendment, the Agreement remains in full force and effect and binding upon the parties.
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b. Integration. This Second Amendment constitutes the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this Second Amendment. c. Effective Date. This Second Amendment shall not become effective until the date it has been formally approved and executed by the appropriate authorities of the City and Contractor.
d. Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Second Amendment.
e. References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Second Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Second Amendment.
IN WITNESS WHEREOF, the Parties hereto have executed this Second Amendment to the Agreement on the date and year first written above.
CITY OF EASTVALE:
___________________________
Mark Orme, City Manager
APPROVED AS TO FORM:
_______________________________
Erica Vega, City Attorney
ATTEST:
___________________________
Marc Donohue, City Clerk
GEOCON WEST, INC.
____
By: ______________________________
Its: ______________________________
Agenda Staff Report
City Council Meeting
City Council Business
Agenda Item No. 14.1.
Meeting Date: September 29, 2026
California Fire Risk Reduction Community List (FRRCL)
Presentation
Prepared By:
Tim Voigt, CalFIRE Division Chief
Recommended Action(s)
Staff recommends that the City Council receive and file the presentation.
Summary
The Fire Risk Reducution Community List, or FRRCL, is a list of local agencies that are in very high fire hazard severity zones that meet best practices for local fire planning.
Background
FRRCL recognizes communities that are proactive in reducing wildfire risks and improving preparedness. This is beneficial to Eastvale since the city is a growing community surrounded by regional wildfire threats. FRRCL will provide a framework that demonstrates that the city is actively planning for, preparing for, and reducing wildfire risk. In addition, it demonstrates that Eastvale takes a proactive, community-wide approach to wildfire risk.
Being on FRRCL can also better position the city for wildfire prevention grant prioritization, as state law directs Calfire to prioritize certain local assistance grant funding applications based on the FRRCL.
Environmental
Not applicable.
Strategic Plan Action
Not applicable.
Fiscal Impact
Not applicable.
Prior City Council/Commission Action
Not applicable.
Attachment(s)
1. Eastvale FRRCL Presentation
Sharing the news
about FRRCL
Steve Payne
Deputy Fire Marshal
Riverside County Fire Department
Fire
Risk
Reduction
Community
List
2 What is FRRCL?
What does it do?
How can it help?
How does this help Eastvale?
More information
What is FRRCL? • The Fire Risk Reduction
Community List, or FRRCL, is a
list of local agencies that are in
Very High Fire Hazard Severity
Zones that meet best practices for
local fire planning.
• Application period every two
years
• List takes effect July 1
3
What does FRRCL do?
Recognizes communities that are
proactive in reducing wildfire
risks and improving
preparedness.
oLocal planning
oPublic education
oWildfire mitigation efforts
4
How can it help?
5 • Better positioned for grant funding for wildfire mitigation and resilience projects
• May support homeowners through “Safer from Wildfires” framework
• Regulations require insurers to use a rating plan that accounts for and reflects the reduced wildfire risk associated with communitylevel mitigation designations. • Encourages insurance companies to recognize actions taken to reduce wildfire risk
How does this help Eastvale?
6 • Growing community surrounded by regional wildfire threats. o Provides a framework for demonstrating that the City is actively planning for, preparing for, and reducing wildfire risk
o Demonstrates that Eastvale takes a proactive, community-wide approach to wildfire risk • Being on the FRRCL can better position us for wildfire prevention grant prioritization o State law directs CAL FIRE to prioritize certain local assistance grant funding applications based on the FRRCL
o The Board of Forestry states that active FRRCL status can provide priority consideration for Wildfire Prevention Grant applications during the two-year life of the list
Where to get more
information
Board of Forestry, FRRCL:
https://bof.fire.ca.gov/projectsand-programs/fire-riskreduction-community-list California Department of
Insurance,
Safer from Wildfires:
https://www.insurance.ca.gov/01
-consumers/200-wrr/Safer-fromWildfires.cfm
7
Thank you
Steve Payne
Deputy Fire Marshal
Riverside County Fire Department