Yuba City City Council
May 21, 2024

ATTACHMENT 1

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

DESCRIBING IMPROVEMENTS AND ORDERING THE ENGINEER OF WORK TO FILE A REPORT WITH REGARD TO YUBA CITY LANDSCAPE MAINTENANCE DISTRICT NO. 1(STABLER LANE/GARDEN HIGHWAY AREA) AND YUBA CITY LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT NO. 2 (TOWN CENTER) FOR THE 2024-25

FISCAL YEAR
WHEREAS, the City of Yuba City is a municipal corporation duly created and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, the Landscaping and Lighting Act of 1972 requires the review of annual assessment of existing Districts; and
WHEREAS, Landscape Maintenance District No. 1 and Lighting and Landscape Maintenance District No. 2 have been formed pursuant to the Landscaping and Lighting Act of 1972, and have been brought into compliance with Proposition 218; and
WHEREAS, the City Council of the City of Yuba City desires that assessments be levied and collected in said assessment district for the 2024-25 Fiscal Year in accordance with Chapter 3 (commencing with Section 22620) of Part 2 of Division 15 of the Streets and Highways Code of the State of California; and
WHEREAS, the City Council wishes to secure an Engineer’s Report in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Streets and Highways Code of the State of California.

NOW, THEREFORE, be it Resolved by the City Council of Yuba City as follows:

1. There are no proposed new improvements or any substantial changes in existing improvements for Landscape Maintenance District No. 1 or Lighting and Landscape Maintenance District No. 2. The City Engineer is hereby ordered to prepare and file reports in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Streets and Highways Code of the State of California for Fiscal Year 2024-25 Landscape Maintenance District No. 1 and Lighting and Landscape Maintenance District No. 2 assessments.

2. This Resolution shall take effect immediately.

The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 21st day of May, 2024.

AYES:

NOES:

ABSENT:

Shon Harris, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
Shannon L. Chaffin, City Attorney
Aleshire & Wynder, LLP

Agenda Item 16

CITY OF YUBA CITY

STAFF REPORT
Date: May 21, 2024
To: Honorable Mayor & Members of the City Council;
From: Public Works
Presentation By: Joshua Wolffe, Associate Engineer
Summary
Subject: Yuba City Lighting and Landscape District Nos. 3-4 - Annual Levy Initiation Recommendation: Adopt a Resolution describing improvements and ordering the Engineer of Work to file a report with regard to Yuba City Lighting and Landscape Maintenance District Nos. 3 and 4, to continue the Maintenance Districts pursuant to the Landscaping and Lighting Act of 1972
Fiscal Impact: Receipt of assessments and expenditure of funds for lighting and landscape maintenance districts throughout the City.

Purpose:

To continue to provide lighting and landscape maintenance throughout the City pursuant to the provisions of the Landscaping and Lighting Act of 1972 and Article XIIID of the California Constitution.

Council Strategic Goal:

Levying Yuba City Lighting and Landscape Maintenance District Nos. 3 and 4 (LLMD 3 and 4) addresses the City Council's Strategic Goal of maintaining infrastructure, as levying LLMD 3 and 4 will ensure that street lighting, landscaping and associated items, block walls, detention ponds, and streetend barricades are maintained and in operation.

Background:

The City annually levies and collects special assessments in order to maintain and service landscaping and lighting improvements that provide special benefit to the parcels identified in LLMD 3 and 4 (Districts). The assessments were approved by the property owners of record through a protest-ballot proceeding at the time the Districts were formed. LLMD 3 and 4 (13 subdivisions located throughout Yuba City) have provisions for a Cost of Living Adjustment COLA which is based on the Consumer Price Index from January to January.

Analysis:

The proposed action of ordering the Engineer of Work to file reports for the Districts is the first step in the annual levy process. This step allows staff to review expenses and revenues for the Districts, determine how to best levy the Districts such that revenues meet or exceed expenditures and appropriate reserve balances are maintained, and ultimately file reports which will be reviewed and

approved by Council. Once the reports are approved by Council, a Public Hearing will be held for the Districts' annual levies.

Fiscal Impact:

Staff time and consultant expenditures within budgeted administration amounts will be required to prepare and file the reports. The proposed assessments for Fiscal Year 2024-25 will be available for review and analyzed in depth at the time of the Annual Report Approval.

Alternatives:

Do not order the Engineer of Work to file reports for the Districts. This will result in delays to the annual levy process, ultimately causing the City to file with the County Auditor after the legal deadline.

Recommendation:

Adopt a Resolution describing improvements and ordering the Engineer of Work to file a report with regard to Yuba City Lighting and Landscape Maintenance District Nos. 3 and 4, to continue the Maintenance Districts pursuant to the Landscaping and Lighting Act of 1972.

Attachments:

1. Attachment 1 - Resolution LLMD 3-4 Initiation
Prepared By: Submitted By:

Josh Wolffe
Senior Civil Engineer
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

DESCRIBING IMPROVEMENTS AND ORDERING THE ENGINEER OF WORK TO FILE A

REPORT WITH REGARD TO YUBA CITY LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT NOS. 3 AND 4 (13 SUBDIVISIONS THROUGHOUT YUBA CITY) FOR THE 2024-25 FISCAL YEAR
WHEREAS, the City of Yuba City is a municipal corporation duly created and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, the Landscaping and Lighting Act of 1972 requires the review of annual assessment of existing Districts; and
WHEREAS, Lighting and Landscape Maintenance District Nos. 3 and 4 have been formed pursuant to the Landscaping and Lighting Act of 1972, and have been brought into compliance with Proposition 218; and
WHEREAS, the City Council of the City of Yuba City desires that assessments be levied and collected in said assessment districts for the 2024-25 Fiscal Year in accordance with Chapter 3 (commencing with Section 22620) of Part 2 of Division 15 of the Streets and Highways Code of the State of California; and
WHEREAS, the City Council wishes to secure an engineer’s report in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Streets and Highways Code of the State of California.

NOW, THEREFORE, be it Resolved by the City Council of Yuba City as follows:

1. There are no proposed new improvements or any substantial changes in existing improvements for Lighting and Landscape Maintenance District Nos. 3 and 4. The City Engineer is hereby ordered to prepare and file reports in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Streets and Highways Code of the State of California for fiscal year 2024-25 Lighting and Landscape Maintenance District Nos. 3 and 4 assessments.

2. This Resolution shall take effect immediately.

The foregoing resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 21st day of May, 2024.

AYES:

NOES:

ABSENT:

Shon Harris, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
Shannon L. Chaffin, City Attorney
Aleshire & Wynder, LLP

Agenda Item 17

CITY OF YUBA CITY

STAFF REPORT
Date: May 21, 2024
To: Honorable Mayor & Members of the City Council;
From: Public Works
Presentation By: Joshua Wolffe, Associate Engineer
Summary
Subject: Yuba City Lighting and Landscape District Nos. 5-6 - Annual Levy Initiation Recommendation: Adopt a Resolution describing improvements and ordering the Engineer of Work to file a report with regard to Yuba City Lighting and Landscape Maintenance District Nos. 5 and 6, to continue the Maintenance Districts pursuant to the Landscaping and Lighting Act of 1972
Fiscal Impact: Receipt of assessments and expenditure of funds for lighting and landscape maintenance districts throughout the City.

Purpose:

To continue to provide lighting and landscape maintenance throughout the City pursuant to the provisions of the Landscaping and Lighting Act of 1972 and Article XIIID of the California Constitution.

Council Strategic Goal:

Levying Yuba City Lighting and Landscape Maintenance District Nos. 5 and 6 (LLMD 5 and 6) addresses the City Council's Strategic Goal of maintaining infrastructure, as levying LLMD 5 and 6 will ensure that street lighting, landscaping and associated items, block walls, detention ponds, and streetend barricades are maintained and in operation.

Background:

The City annually levies and collects special assessments in order to maintain and service landscaping and lighting improvements that provide special benefit to the parcels identified in LLMD 5 and LLMD 6 (Districts). The assessments were approved by the property owners of record through a protest-ballot proceeding at the time the Districts were formed. LLMD 5 (64 subdivisions located throughout Yuba City) and 6 (Commercial District) have provisions for a Cost of Living Adjustment COLA which is based on the Consumer Price Index from January to January.

Analysis:

The proposed action of ordering the Engineer of Work to file reports for the Districts is the first step in the annual levy process. This step allows staff to review expenses and revenues for the Districts, determine how to best levy the Districts such that revenues meet or exceed expenditures and appropriate reserve balances are maintained, and ultimately file reports which will be reviewed and

approved by Council. Once the reports are approved by Council, a Public Hearing will be held for the Districts' annual levies.

Fiscal Impact:

Staff time and consultant expenditures within budgeted administration amounts will be required to prepare and file the reports. The proposed assessments for Fiscal Year 2024-25 will be available for review and analyzed in depth at the time of the Annual Report Approval.

Alternatives:

Do not order the Engineer of Work to file reports for the Districts. This will result in delays to the annual levy process, ultimately causing the City to file with the County Auditor after the legal deadline.

Recommendation:

Adopt a Resolution describing improvements and ordering the Engineer of Work to file a report with regard to Yuba City Lighting and Landscape Maintenance District Nos. 5 and 6, to continue the Maintenance Districts pursuant to the Landscaping and Lighting Act of 1972.

Attachments:

1. Attachment 1 - Resolution LLMD 5-6 Initiation
Prepared By: Submitted By:

Josh Wolffe
Senior Civil Engineer
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

DESCRIBING IMPROVEMENTS AND ORDERING THE ENGINEER OF WORK TO FILE A

REPORT WITH REGARD TO YUBA CITY LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT NOS. 5 (64 SUBDIVISIONS LOCATED THROUGHOUT YUBA CITY) AND 6 (COMMERCIAL DISTRICT) FOR THE 2024-25 FISCAL YEAR
WHEREAS, the City of Yuba City is a municipal corporation duly created and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, the Landscaping and Lighting Act of 1972 requires the review of annual assessment of existing Districts; and
WHEREAS, Lighting and Landscape Maintenance District Nos. 5 and 6 have been formed pursuant to the Landscaping and Lighting Act of 1972, and have been brought into compliance with Proposition 218; and
WHEREAS, the City Council of the City of Yuba City desires that assessments be levied and collected in said assessment districts for the 2024-25 Fiscal Year in accordance with Chapter 3 (commencing with Section 22620) of Part 2 of Division 15 of the Streets and Highways Code of the State of California; and
WHEREAS, the City Council wishes to secure an engineer’s report in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Streets and Highways Code of the State of California.

NOW, THEREFORE, be it Resolved by the City Council of Yuba City as follows:

1. There are no proposed new improvements or any substantial changes in existing improvements for Lighting and Landscape Maintenance District Nos. 5 and 6. The City Engineer is hereby ordered to prepare and file reports in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Streets and Highways Code of the State of California for fiscal year 2024-25 Lighting and Landscape Maintenance District Nos. 5 and 6 assessments.

2. This Resolution shall take effect immediately.

The foregoing resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 21st day of May, 2024.

AYES:

NOES:

ABSENT:

Shon Harris, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
Shannon L. Chaffin, City Attorney
Aleshire & Wynder, LLP

Agenda Item 18

CITY OF YUBA CITY

STAFF REPORT
Date: May 21, 2024
To: Honorable Mayor & Members of the City Council;
From: Public Works
Presentation By: Joshua Wolffe, Associate Engineer
Summary
Subject: Yuba City Residential Street Light Maintenance Districts - Annual Levy Initiation Recommendation: Adopt a Resolution describing improvements and ordering the Engineer of Work to file a report with regard to Yuba City Residential Street Light Maintenance Districts, to continue the Residential Street Light Maintenance Districts, pursuant to the Benefits Assessment Act of 1982
Fiscal Impact: Receipt of assessments and expenditures of funds associated with residential street light maintenance districts throughout the City.

Purpose:

To initiate proceedings for the continuation of the levy of Assessments for Fiscal Year 2024-25 within the Residential Street Light Maintenance Districts, pursuant to the provisions of the Benefit Assessment Act of 1982 and Article XIIID of the California Constitution.

Council Strategic Goal:

Levying Yuba City Residential Street Light Maintenance Districts (RSLMDs) addresses the City Council’s Strategic Goal of maintaining infrastructure, as the levy of the RSLMDs will ensure that street lighting remains operational.

Background:

The City annually levies and collects special assessments in order to maintain and service streetlights in the Walton Avenue Area and Tierra Buena Area. The Districts were formed while the areas were under the County’s jurisdiction, and the City took over the administration of the Districts when they were annexed into the City.

Analysis:

The proposed action of ordering the Engineer of Work to file a report for the Districts is the first step in the annual levy process. This step allows staff to review expenses and revenues for the Districts, determine how to best levy the Districts such that revenues meet or exceed expenditures, and appropriate reserve balances are maintained, and ultimately file a report which will be reviewed and approved by City Council. Once the report is approved by Council, a Public Hearing will be held for the Districts’ annual levy.

Fiscal Impact:

Staff time and consultant expenditures within budgeted administration amounts will be required to prepare and file the reports. The proposed assessments for Fiscal Year 2024-25 will be available for review, and analyzed in depth at the time of the Annual Report Approval.

Alternatives:

Do not order the Engineer of Work to file reports for the Districts. This will result in delays to the annual levy process, ultimately causing the City to file with the County Auditor after the legal deadline.

Recommendation:

Adopt a Resolution describing improvements and ordering the Engineer of Work to file a report with regard to Yuba City Residential Street Light Maintenance Districts, to continue the Residential Street Light Maintenance Districts, pursuant to the Benefits Assessment Act of 1982.

Attachments:

1. Attachment 1 - Resolution RSLM Initiation
Prepared By: Submitted By:

Josh Wolffe
Senior Civil Engineer
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

ORDERING THE ENGINEER OF WORK TO FILE A REPORT FOR THE ANNUAL ASSESSMENT FOR FISCAL YEAR 2024-25 FOR THE YUBA CITY RESIDENTIAL STREET

LIGHT MAINTENANCE DISTRICT (WALTON AREA) AND YUBA CITY RESIDENTIAL

STREET LIGHT MAINTENANCE DISTRICT (TIERRA BUENA AREA)
WHEREAS, the City Council of the City of Yuba City previously formed Yuba City Residential Street Light Maintenance District (Walton Area) and Yuba City Residential Street Light Maintenance District (Tierra Buena Area) (“Districts”), pursuant to the provisions of the Benefit Assessment Act of 1982, California Government Code Division 2, Chapter 6.6, Section 54703 et seq. (hereafter referred to as the “Act”); and
WHEREAS, a Report (hereafter referred to as the “Formation Report”) was prepared, filed and approved by the City Council in connection with each of the Districts and the levy of said assessments, pursuant to Section 54716 of said Act; and WHEREAS, the City Council conducted property owner protest proceedings relating to the improvements and services described in the Formation Report and the levy and collection of annual assessments and an assessment range formula related thereto, including cost of living adjustments (COLAs) for each of the Districts in accordance with the provisions of the California Constitution Article XIIID (Proposition 218); and
WHEREAS, the Council desires to direct and authorize the City Engineer to assist with the calculation and establishment of the assessments and to prepare and file a budget report(s) (hereafter referred to as the (“Engineer’s Report”) with the City Clerk, generally describing how the Districts were formed, the improvements and services within the Districts, the method of apportionment and dispensation of the benefits, and the budget containing the costs and proposed levy amounts for funding the benefits and the assessment roll.

NOW, THEREFORE, be it resolved by the City Council of Yuba City as follows:

1. There are no proposed new improvements or any substantial changes in existing improvements for Yuba City Residential Street Light Maintenance District (Walton Area) and Yuba City Residential Street Light Maintenance District (Tierra Buena Area) (“Districts”). The City Engineer is hereby ordered to prepare and file an Engineer’s Report(s) for the annual assessment for Fiscal Year 2024-25 for the Districts.

2. This Resolution shall take effect immediately.

The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 21st day of May, 2024.

AYES:

NOES:

ABSENT:

Shon Harris, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
Shannon L. Chaffin, City Attorney
Aleshire & Wynder, LLP

Agenda Item 19

CITY OF YUBA CITY

STAFF REPORT
Date: May 21, 2024
To: Honorable Mayor & Members of the City Council;
From: Community Services Department
Presentation By: Tim Bybee, Parks and Grounds Superintendent Summary
Subject: Plumas Street Trees - Highway 20 to Bridge Street Recommendation: Receive options for Plumas Street trees between Highway 20 and Bridge Street and provide direction to staff
Fiscal Impact: The fiscal impact ranges from $31,200.00 to $39,480.00, depending on Council direction. The Parks Division will use salary savings to cover the cost.

Purpose:

To enhance the downtown corridor and maintain the health and safety of our trees and patrons.

Council's Strategic Goal:

Improving infrastructure and improving the quality of life in our community.

Background:

The Sycamore trees on Plumas Street between Highway 20 and Bridge Street were planted approximately 13 years ago. Since planted, the trees were structurally pruned at about three years old, and the Parks Division has done the necessary pruning to keep the trees off buildings and lighting globes. There have been issues with some of the trees raising and damaging sidewalks in the downtown area, creating hazards for pedestrians. The trees will eventually outgrow the space they are in, which could potentially cause safety issues at some future date.

The original plan to remove every other tree was discussed in July 2023 between the previous Community Services Director and the previous Downtown Business Association (DBA) President. It was discussed that, per the International Society of Arboriculture, it is recommended that the distance between each large tree should be between 30' to 50' to ensure healthy growth. The sycamore trees on Plumas Street can reach a height of 60' when mature. Due to inadequate spacing between each tree (approximately 28') every other tree will need to be removed to ensure healthy growth. Absent this, more trees will continue to shade out neighboring trees which will develop abnormally if nothing is done. By removing every other tree, a consistent pattern and shade canopy will be maintained while promoting sturdy and well-developed trees. Tree removal was scheduled to begin in January 2024.

When the Parks Division marked the trees to be removed in January and presented them to the DBA,

there were a lot of mixed feelings about removing every other tree and which ones should be removed.

After the meeting, the Parks Division decided to slow the process down and evaluate other options.

Analysis:

The Parks Division has surveyed the Plumas corridor and identified all immediate safety issues with the trees and sidewalk. Nine trees have been removed due to safety concerns, leaving about eightyfour trees. For the remaining trees, the Parks Division has identified two options for Council consideration.

Option #1:

Perform a class one pruning on all trees at a cost of $31,200.00. Class one pruning is performed for the purpose of removing dead, dying, and diseased branches. In doing this, it will allow the tree to flourish and continue to grow healthily. This option will address the overgrown canopy but will have to be revisited every 3-4 years when the trees will need to be pruned again. The pros to performing a class one pruning is to ensure health and safety, along with training trees to grow healthily. Failure to prune regularly will not result in immediate demise of the tree, but it can limit its ornamental value.

When dead wood is not removed it will affect a tree's vitality. Branches that overlap cause decay, which will disease a tree. Additionally, dead branches can pose a liability risk to vehicles and people.

Option #2:

Remove half of the trees (every other tree), and perform a class one pruning on the remaining trees.

Work will be performed by a contractor at a cost of $39,480.00. Trees to be removed will be determined by City staff. The remaining trees will need to be revisited and pruned every 3-4 years, costing about $15,600.00 unless pricing increases. The sites where the trees are removed will also need to be addressed. Options include to plant a smaller tree in those areas, or fill the void in the concrete. Removing every other tree allows the remaining tree canopy to fill in and flourish. With this, it allows the others to not starve for light, provides proper soil content and growing space. However, removing every other tree will visually change the appearance of Plumas Street until the remaining trees fill in the gaps left by the removed trees.

Both options would require a special schedule for work to be done with the area being busy with foot traffic, cars, and open businesses. The contractor has asked if they can work at night, early mornings and in the evenings. Based on the time of year, and to manage costs, staff recommends deferring implementation of either option selected until fall when the leaves are off the trees.

Fiscal Impact:

The fiscal impact ranges from $31,200.00 up to $39,480.00, depending on Council direction. The Parks Division will use salary savings to cover the cost.

Alternatives:

Leave trees as they are and revisit at a later date.

Recommendation:

Receive options for Plumas Street trees and provide direction to staff.

Attachments:

1. Phase One - Remove every other tree from Scott to Bridge St

2. Class one pruning example

3. Aerial of Plumas St trees

4. Quote for Option #1

5. Quote for Option #2
Prepared By: Submitted By:

Maddy Laffond
Administrative Assistant
Diana Langley
City Manager

ATTACHMENT 1

Phase One – Removing every other tree
from Scott St to Bridge St

ATTACHMENT 2

Class One Pruning Example

ATTACHMENT 3

ATTACHMENT 4

ATTACHMENT 5

Agenda Item 20

CITY OF YUBA CITY

STAFF REPORT
Date: May 21, 2024
To: Honorable Mayor & Members of the City Council;
From: Public Works
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Fire Station No. 2 Dorm Room Expansion Project Award Recommendation: Adopt a Resolution with the following actions:

A. Award a construction contract to United Building Contractors, Inc. of Chico, CA in the amount of their total bid of $916,702.00 and authorize the City Manager to execute the contract on behalf of the City, subject to review and approval as to legal form by the City Attorney
B. Award a Professional Services Agreement to MatriScope Engineering Laboratories, Inc. of Sacramento, CA for Special Inspection and Testing Services in the amount of $26,716.80 and authorize the City Manager to execute the contract on behalf of the City, subject to material terms, and subject to review and approval as to legal form by the City Attorney, with a finding that it is in the best interest of the City
C. Authorize the Finance Director to make a supplemental appropriation in the amount of $122,412.85 from unallocated General Funds to CIP Account No. 1236 (Fire Station 2 Expansion), to fund the Fire Station No. 2 Dorm Room Expansion Project
Fiscal Impact: $1,195,511.85 – Account No. 1236 (Fire Station 2 Expansion) $916,702.00 - Contract Award Amount
$229,175.50 - Construction Contingency (25%)
$26,716.80 - Special Inspection & Testing (2.9%)
$22,917.55 - City Administration (2.5%)
Purpose:

To improve Fire Department facilities by upgrading and expanding the working and living conditions for personnel assigned to Fire Station No. 2.

Council’s Strategic Goal:

This project addresses the City Council's Strategic Goal of improving the City's Public Safety, as the construction of the dorm room expansion is essential to the Fire Department’s operations.

Background:

The Yuba City Fire Department has been working to renovate and remodel Fire Station No. 2 with a new dormitory expansion. The subject station was constructed 41 years ago to protect the northern part of the community. At the time of its occupancy, the station was staffed with a two-person crew.

In 2005, daily staffing at the station was increased to a three-person crew and the additional crew member created some space allocation challenges that have adversely impacted working and living conditions. The configuration of the structure has created some operational issues related to Americans with Disabilities Act (ADA) compliance, physical fitness equipment competing for space in the dayroom/work area, no separate bathroom/shower facility for female personnel, and power limitations.

The Fire Department began the renovation of Fire Station No. 2 in 2013. Realizing that funds needed for the renovation of the station were limited, the Department began a phased improvement of the facility. Using Community Development Block Grant funds, exterior ADA accessibility improvements (walkways and public parking) were completed. In 2015, the Department addressed ADA accessibility issues to the back of the station.

Estrada Engineering completed the design of the dormitory room expansion project in 2019 which includes remodeling of the existing kitchen, day room, and work area as well as expanding the existing dormitory by adding a 1,330 square foot dormitory expansion. On July 16, 2019, City Council approved the plans and specifications and authorized bidding on the Project. On May 25, 2023, the City received two bids with the low bid exceeding the Engineer's Estimate by 40%; the bids were too high and were allowed to expire. The Fire Department decided to move forward with remodeling the existing kitchen, dayroom, and work area with the intent to reduce costs by self performing work and direct negotiations.

Upon remodeling of the kitchen, day room, and work area, the Project was rebid in April 2024, with the proposed plans and specifications completing the renovation of Fire Station No. 2. by adding a 1,330 square foot dormitory expansion, which includes three private dorm rooms with unisex restrooms, laundry room, and storage area.

Analysis:

The Fire Station No. 2 Dorm Room Expansion Project (Project) was advertised for bids beginning February 13, 2024. Plans and specifications were posted on publicpurchase.com and provided to local builder/contractor exchanges. On April 10, 2024, six (6) bids were received and opened by the City Clerk. A list of the bids received and the Engineer’s Estimate are shown below.

Company Total Bid
United Building Contractors, Inc. $916,702.00
BCM Construction Company, Inc. $999,007.00
Swierstock Enterprice, Inc., dba Pro Builders $1,048,000.00 Frank Webb Construction, Inc. $1,191,125.00
RBH Construction $1,218,179.00
REM Construction, Inc. $1,296,354.00

Engineer’s Estimate $800,000.00
United Building Contractors, Inc. (UBC) is the low, responsible, and responsive bidder.

The Engineer’s Estimate for this project was $800,000. The lowest responsive bid of $916,702 exceeded the engineer’s estimate by approximately 14.5%. Bid analysis reveals continued cost increases in all areas of construction work with no indication of normalization in the near future.

Contractors indicate increases in lumber, concrete, pipe and raw materials prices are due to supply and demand shortages, labor shortages, and persistent inflation.

The City’s Public Works Department will perform construction management and the Building Department will perform building inspection, as required. Additional special inspections are addressed below. Construction is expected to begin in July 2024 and continue through September 2024 and is dependent on lead times for material.

Fire Sprinkler, Fire Alert, Communication Work & Contingency:

The fire sprinkler, alerting and communication (Fire Protection) work includes connecting to existing fire systems in the current structure and installing new appurtenances to extend fire sprinklers, fire alerting and communication capabilities into the new dorm expansion. This work has been planned to be directnegotiated by the City with separate contractors in an effort to more directly control the scope of work.

This contracting structure requires continuous coordination and communication between the City, UBC, and the City's other contractors to facilitate the various items of work. This complex and timeconsuming process of coordination exposes the Project to potential unforeseen extra work and delay claims. Since the initial conception and final design of this project, Estrada Engineering (Design Engineer) and the City’s Project Manager have since retired, further increasing this exposure. Staff therefore requests a higher-than-average construction contingency of 25% ($229,175.50) to account for Fire Protection work and potential unidentified work associated with construction.

Special Inspection & Testing
Since this is an emergency services building, special inspections for certain construction components will be performed as required per the California Building Code (CBC). In order to confirm adherence to the project drawings, specifications, and CBC, staff requested a quote from MatriScope Engineering Laboratories, Inc. (MatriScope Engineering) on April 16, 2024 to provide special inspection and testing services for the Fire Station No. 2 Dorm Expansion Project. On April 24, 2024, MatriScope Engineering submitted their proposal for review. MatriScope Engineering is a highly qualified inspection firm specializing in building special inspections and testing with extensive experience inspecting emergency services buildings. Additionally, MatriScope Engineering provides testing services, not requiring third party testing subcontracts and markups.

Staff recommends waiving the Purchasing Policy requirement to solicit 3 quotes due to MatriScope Engineering’s extensive experience inspecting emergency services buildings, along with turnkey inspection and testing services, and entering into a sole-source Professional Services Agreement with MatriScope Engineering in the amount of $26,716.80, which includes a 20% contingency to account for potential extra work due to time sensitive inspections or inspections requiring overtime. The City will only be billed for actual costs.

Fiscal Impact:

The estimated total project cost is approximately $1,195,511.85 which consists of the following components:

Construction Contract $916,702.00
Construction Contingency (25%) $229,175.50
Special Inspection & Testing (2.9%) $26,716.80
City Administration (Includes CM & Building Inspection) (2.5%) $22,917.55 Total $1,195,511.85
The project will be funded through CIP Account No. 1236 (Fire Station 2 Expansion). There is approximately $1,073,099 in this account. Staff is requesting authorization for a supplemental appropriation totaling $122,412.85 from unallocated General Funds to CIP Account No. 1236 (Fire

Station 2 Expansion). There is approximately $2,522,790 in unallocated General Funds at this time.

Environmental:

Staff has determined that this project falls within the Class 1 Categorical Exemption set forth in CEQA Guidelines Section 15301(e)(1) (Class 1, Existing Facilities), as the expansion of the approximate 1,300 square foot dormitory to Fire Station No. 2 is less than 50 percent of the floor area of the structure before the expansion. Further, none of the exceptions to Categorical Exemptions set form in CEQA Guidelines Section 15300.2 apply to this project. Therefore, no further environmental review is required.

Alternatives:

1. Direct staff to utilize different funding source(s) to fund the project.

2. Reject the bids and delay/cancel the project.

Recommendation:

Adopt a Resolution with the following actions:

A. Award a construction contract to United Building Contractors, Inc. of Chico, CA in the amount of their total bid of $916,702.00 and authorize the City Manager to execute the contract on behalf of the City, subject to review and approval as to legal form by the City Attorney.

B. Award a Professional Services Agreement to MatriScope Engineering Laboratories, Inc. of Sacramento, CA for Special Inspection and Testing Services in the amount of $26,716.80 and authorize the City Manager to execute the contract on behalf of the City, subject to material terms, and subject to review and approval as to legal form by the City Attorney, with a finding that it is in the best interest of the City.

C. Authorize the Finance Director to make a supplemental appropriation in the amount of $122,412.85 from unallocated General Funds to CIP Account No. 1236 (Fire Station 2 Expansion), to fund the Fire Station No. 2 Dorm Room Expansion Project.

Attachments:

1. Resolution - Fire Station No. 2 Dorm Room Expansion
Prepared By: Submitted By:

Nick Menezes
Associate Civil Engineer
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY AWARDING A CONSTRUCTION CONTRACT TO UNITED BUILDING CONTRACTORS, INC. IN THE AMOUNT OF THEIR TOTAL BID OF $916,702.00, AUTHORIZING THE CITY

MANAGER TO EXECUTE THE CONTRACT ON BEHALF OF THE CITY, AWARDING

A PROFESSIONAL SERVICES AGREEMENT FOR SPECIAL INSPECTION AND TESTING SERVICES TO MATRISCOPE ENGINEERING LABORATORIES, INC. IN THE AMOUNT OF $26,716.80, AND AUTHORIZING A SUPPLEMENTAL APPROPRIATION TO FUND THE FIRE STATION NO. 2 DORM ROOM EXPANSION

PROJECT
WHEREAS, the City of Yuba City (City) advertised for bids for the City’s Fire Station No. 2 Dorm Expansion Project (Project); and,
WHEREAS, in response to the advertisement, the City received six (6) bids for the Project in the following bid amounts:

United Building Contractors, Inc. $916,702.00
BCM Construction Company, Inc. $999,007.00
Swierstock Enterprice, Inc., dba Pro Builders $1,048,000.00 Frank Webb Construction, Inc. $1,191,125.00
RBH Construction $1,218,179.00
REM Construction, Inc. $1,296,354.00; and
WHEREAS, the City Public Works Department reviewed the six (6) bids, and examined United Building Contractors, Inc. and its bid response, found it to be both the lowest qualified responsive and responsible bidder, and has recommended it for award of this project; and,
WHEREAS, the City desires to award the bid to United Building Contractors, Inc. of Chico, CA and enter into an agreement with United Building Contractors, Inc. to construct the Project; and,
WHEREAS, MatriScope Engineering Laboratories, Inc. (MatriScope Engineering) is highly qualified, with proven track record of providing excellent special inspection and testing services on large and complex building projects at competitive rates; and WHEREAS, the City has performed a preliminary environmental assessment of this project relative to California Environmental Quality Act (CEQA) requirements and the City Council finds and determines that the project falls within the Class 1 Categorical Exemption set forth in CEQA Guidelines Section 15301(e)(1) (Class 1, Existing Facilities), as the expansion of the approximate 1,300 square foot dormitory to Fire Station No. 2 is less than 50 percent of the floor area of the structure before the expansion.

NOW, THEREFORE, be it resolved by the City Council of Yuba City as follows:

1. The City Council finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.

2. The City Council of the City of Yuba City does hereby accept the six (6) bids received as noted above, finds that United Building Contractors, Inc. is the lowest responsive and responsible bidder, and awards the construction contract to United Building Contractors, Inc. in the total amount bid of $916,702.00 for the Fire Station No. 2 Dorm Expansion Project. Said contract agreement shall substantially comply with the terms and conditions presented in the draft agreement attached to this Resolution, shall be subjected to review and approval as to legal form by the City Attorney, and the City Manager shall be authorized to execute the same on behalf of the City of Yuba City.

3. The City Council of the City of Yuba City waives the Purchasing Policy requirement to solicit 3 quotes and awards a professional services agreement for special inspection and testing services to MatriScope Engineering Laboratories, Inc. of Sacramento, CA in the amount of $26,716.80. Said agreement shall substantially comply with the terms and conditions presented in the draft agreement attached to this Resolution, shall be subjected to review and approval as to legal form by the City Attorney, and the City Manager shall be authorized to execute the same on behalf of the City of Yuba City, and with the finding that it is in the best interest of the City.

4. The City has performed a preliminary environmental assessment of this project relative to California Environmental Quality Act (CEQA) requirements and the City Council finds and determines that the project falls within the Class 1 Categorical Exemption set forth in CEQA Guidelines Section 15301(e)(1) (Class 1, Existing Facilities), as the expansion of the approximate 1,300 square foot dormitory to Fire Station No. 2 is less than 50 percent of the floor area of the structure before the expansion. Further, none of the exceptions to Categorical Exemptions set form in CEQA Guidelines Section 15300.2 apply to this project.

5. The City Council of the City of Yuba City authorizes the Finance Director to make a supplemental appropriation in the amount of $122,412.85 from unallocated General Funds to CIP Account No. 901278-65501.

The foregoing resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 21st day of May, 2024.

AYES:

NOES:

ABSENT:

Shon Harris, Mayor

ATTEST:

Ciara Wakefield, City Clerk Administrator

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit(s):

A. (Draft) Contract Agreement – United Building Contractors, Inc.

B. (Draft) Professional Services Agreement – MatriScope Engineering Laboratories, Inc.

EXHIBIT A

CITY OF YUBA CITY

PUBLIC WORKS DEPARTMENT

CONTRACT AGREEMENT
FIRE STATION NO. 2 DORM ROOM ADDITION PROJECT
CONTRACT NO. 23-05
THIS AGREEMENT, made and concluded this ____ day of _ _____2024, between the City of Yuba City, party of the first part, and United Building Contractors, Inc., Contractor, party of the second part.

ARTICLE I. – WITNESSETH, that for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the said party of the first part under the conditions expressed in the two bonds bearing even date with these presents and hereunto annexed, the said party of the second part agrees with the said party of the first part, at his own proper cost and expense, to do all the work and furnish all the materials, except such as are mentioned in the specifications to be furnished by said party of the first part, necessary to construct and complete in a good, workmanlike and substantial manner and to the satisfaction of the Public Works Department, construction on various roads, all in accordance with the General Conditions/Special Provisions hereto annexed and also in accordance with the Standard Specifications of the State of California Department of Transportation dated 2018, the Standard Plans dated 2018, the “Labor Surcharge” and “Equipment Rental Rates” in effect on the date the work is accomplished, and the “General Prevailing Wage Rates” of the State of California Department of Transportation, which said Special Provisions, Standard Plans, Standard Specifications are hereby specially referred to and by such reference made a part hereof.

The General Conditions/Special Provisions and the project plans for the work to be done are entitled:

FIRE STATION NO. 2 DORM ROOM ADDITION PROJECT
Which are hereby made part of this contract.

ARTICLE II. – The said Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement; also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City of Yuba City and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications and the requirements of the Engineer under them, to wit.

ARTICLE III. – The said party of the first part hereby promises and agrees with the said Contractor to employ, and does hereby employ, the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices hereinafter set forth, and hereby contracts to pay the same at the time, in the manner and upon the conditions above set forth; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.

ARTICLE IV. – By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.

ARTICLE V. – It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith.

ARTICLE VI. – The City of Yuba City hereby employs Contractor to provide material and to do the work according to the terms and conditions herein contained and referred to for the following prices to be paid at the time, in the manner and upon the conditions hereinafter set forth.

ARTICLE VII. – The improvement contemplated in the performance of this contract is an improvement over which the City of Yuba City shall exercise general supervision.

ARTICLE VIII. – The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this contract. It is further expressly agreed, by and between the terms of this instrument and the bid or proposal of said Contractor, that this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith.

FIRE STATION NO. 2 DORM ROOM ADDITION PROJECT
CONTRACT NO. 23-05
Bid Item Item Description Unit of
Measure Cost
1 Mobilization/Demobilization LS $5,000.00
2 Demolition LS $31,325.00
3 Grading & Earthwork LS $34,513.00
4 Concrete LS $70,656.00

5 Framing LS $204,501.00
6 Drywall LS $36,597.00
7 Windows & Insulation LS $30,300.00
8 Roofing LS $44,351.00
9 Doors, Windows & Hardware LS $25,699.00
10 Tile & Related Items LS $31,500.00
11 Sheetmetal LS $5,978.00
12 Electrical LS $34,482.00
13 Mechanical LS $91,361.00
14 Plumbing LS $79,804.00
15 Toilet and Shower Accessories LS $16,896.00
16 Painting LS $9,799.00
17 Flooring LS $21,114.00
18 Cabinetry & Counter Tops LS $62,461.00
19 Miscellaneous Specialties LS $72,365.00
20 Signage LS $4,000.00
21 Site Improvements LS $1,200.00
22 Testing & Inspection LS $2,800.00
23 Total: $916,702.00
Approved as to legal form:

City Attorney
City of Yuba City

CITY OF YUBA CITY
Diana Langley
City Manager

Date

CONTRACTOR
Company Name
By and Title (signature)
Date
By and Title (printed)
Address
Telephone Number

EXHIBIT B

PROFESSIONAL SERVICES AGREEMENT
FIRE STATION NO. 2 DORM ROOM ADDITION PROJECT SPECIAL INSPECTION This Agreement is made and entered into as of , 2024, by and between the City of Yuba City, a municipal corporation (“City”) and MatriScope Engineering Laboratories, Inc., (“Consultant”).

RECITALS
A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein; and
C. City desires to retain Consultant to render professional services as set forth in this Agreement.

AGREEMENT

1. Scope of Services. The Consultant shall furnish the following services in a professional manner.

See Attached Scope of Services
(Exhibit A)

2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue until all authorized work is completed and approved by the City. Finalization shall be completed at the direction of the City of Yuba City.

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit A, which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed Twenty-Two Thousand, Two-Hundred Sixty-Four Dollars ($22,264.00) without additional written authorization from the City.

Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant’s invoices shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenses. City shall pay Consultant not later than 30 days after

approval of the monthly invoice by City staff. When payments made by the City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until the final work under this Agreement has been accepted by City.

5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City.

6. Termination. This Agreement may be terminated by the City immediately for cause or by either party without cause upon fifteen days written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination. Such compensation is subject to the conditions of Section 4 of this agreement.

7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees, agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon request.

8. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regards to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to

Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant, which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

9. Consultant’s Books and Records:
a. Consultant shall maintain any and all ledgers, books of accounts, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrated performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Administrator, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successorin-interest.

10.Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an

independent contractor and shall not act as an agent or employee of the City.

Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Consultant hereby expressly waives any claim it may have to any such rights.

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. Will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and
b. Possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(B)(2).)

11.Interest of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder.

Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

12.Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.

13.Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations.

14.Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature, which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of

Consultant to practice its profession. Consultant shall maintain a City of Yuba City business license.

15.Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs, including attorney fees and expenses in connection therein), arising out of the performance of this Agreement in whole or in part by any negligent act or omission of the Consultant, or anyone directly or indirectly employed by the Consultant or anyone for whose acts the Consultant may be liable, or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers.

16.Insurance Requirements. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, necessary insurance policies as described in Exhibit B.

17.Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below.

Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City Benjamin Moody
Public Works & Development Services Director
City of Yuba City
1201 Civic Center Blvd
Yuba City, CA 95993
(530) 822-4626
If to Consultant: Nicholas Nguy
MatriScope Engineering Laboratories, Inc.
601 Bercut Drive
Sacramento, CA 95811

18.Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.

19.Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.

20.Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under the Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

21.Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

22.Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

23.Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Sutter.

24.Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.

25.Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE (“JAMS”) or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

26.Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both

parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

27.Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.

Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.

28.Prohibited Interest. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant 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 Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising there from.

29.Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

Consultant shall also comply with all relevant provisions of City’s Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY OF YUBA CITY: CONSULTANT:

By:_____________________________ By:_________________________ Benjamin Moody Ahmed Hamdy
Public Works & Development Services Director FilmTec Corporation

Attachments: Exhibit A – Scope of Services
Exhibit B – Insurance Requirements

Exhibit A
Scope of Services

601 Bercut Drive ▪ Sacramento, CA 95811 ▪ 916.375.6700 ▪ Fax: 916.447.6702 6244 Preston Avenue ▪ Livermore, CA 94551 ▪ 925.606.7700 ▪ Fax: 925.606.7702 www.matriscope.com
April 22, 2024 Proposal No.: P042324AH
Nick Menezes, PE Email: [email protected]
City of Yuba City | Public Works Department Phone No.: (530) 822-4640 1201 Civic Center Blvd.

Yuba City, CA 95993
Subject: Proposal to Provide Special Inspection and Testing Services City of Yuba City, DPW Contract No. 23-05
Fire Station No. 2 Dorm Room Addition Project
1641 Gray Avenue, Yuba City, CA
Dear Nick,
Thank you for the opportunity to submit this proposal for Special Inspections and Materials Testing Services for the Fire Station No. 2 Dorm Room Addition Project. Enclosed please find a breakdown of our proposal for your review and comment.

This proposal provides a summary of:
▪ Project Understanding
▪ Scope of Services Included & Excluded
▪ Estimated Cost
MatriScope is a certified Small Business Enterprise (SBE Certification No. 14741). Our mission is to provide our clients with an unparalleled experience by providing excellence in customer service and quality assurance. MatriScope’s proposed senior staff will be personally committed to ensuring that our services are provided in a professional and timely manner. In addition, our engineering staff can provide engineering and technical assistance should the need arise. We are confident that our capabilities will provide the qualified and motivated team necessary for the successful completion of the project.

PROJECT UNDERSTANDING
Based on our review of the project documents provided (and as re-captured here) it is our understanding the Fire Station No. 2 Dorm Room Addition project will consist of a 1,300 SF Dorm Room addition to the existing fire station to include:
• Construction of three (3) dorm rooms, a laundry room, two (2) bathrooms and a storage room, with all related site work, utilities, and finishes.
• Contract time for completion of the Project is 180 (one hundred eighty) calendar days. • It is our understanding this project falls under the CA-Prevailing Wage Requirements.

Summary of Building Construction

1. Earthwork/Civil Improvements
a. Demo work as per C1-0,
b. Grading per C2-1
c. Concrete Flatwork as per C2-2 & C5-1,
i. Special inspection is required for all concrete & rebar as per C2-2, d. Underground utilities as C1-1 & C5-1.2,
e. Soils compaction under new footings, SOG, PCC areas, backfilling, etc.

Proposal to Provide Special Inspection and Testing Services City of Yuba City, DPW Contract No. 23-05
Fire Station No. 2 Dorm Room Addition Project
1641 Gray Avenue, Yuba City, CA
April 22, 2024 Page 2 of 4

2. Cast in Place Concrete
a. Footings: Spread/Contin. as per S1-1, Est. < 40 CY of concrete to be placed. b. Slab on Grade: on average 4” thick as per S1-1. Est. < 20 CY c. Footings maybe cast monolithically with SOG.

3. Wood Framing
a. Shear walls, sheathing, nailing, fasteners, etc. as per plans, b. Roof framing nailing as per S6-1,

SCOPE OF SERVICES
Based on our review of the available project documents (as noted below) we have identified the following assumed materials testing and construction inspection services that we have included and excluded from this proposal.

Scope of Work Inclusions (As Applicable)

1. Geotechnical Materials Testing and Inspections related to:
a. Grading/Compaction testing of foundation footings/SOG/utility/backfilling, etc. b. Review project geotechnical reports
c. Soil acceptance/classification (PI, LL, Proctor curves, Sieve analysis, etc.) d. Nuclear gauge field density testing

2. Cast in Place Concrete:
a. Periodic: Placement of reinforcing steel/anchors – bar size, grade, spacing, clean, clearance, properly tied
b. Cast in place concrete – laboratory and field: concrete sampling, slump, cylinders and placement inspections, compressive strength testing, etc.
c. Inspect bolts/anchors to be installed in concrete prior to & during placement d. Verify use of required design mix
e. Continuous: inspection of concrete placement
f. Periodic: inspection for maintenance of specified curing temperature and technique g. Periodic: inspect formwork for shape, location and dimensions of the concrete member being formed
h. Batch plant inspections are not required

3. Installation inspections/load tests of post installed anchors/dowels – epoxy and/or expansion a. Observations Procedures:
▪ Identify the substrate as standard concrete, lightweight concrete, CMU, or brick ▪ Report the design strength of the concrete and age if known ▪ Report the orientation of the hole
▪ Check depth, diameter, and cleanliness of holes
▪ Check holes spacing for compliance to specifications
b. If Expansion Anchors:
▪ Anchor for size (diameter) and length
▪ Verify correct load was applied to expansion anchors during installation process, c. If Epoxy Anchors/Dowels:
▪ Using correct epoxy for approved use and check expiration date ▪ Verify epoxy is being installed properly
▪ Check holes after placement of inserts to verify fullness of epoxy contact ▪ Record ambient temperature and note if outside of specified range ▪ Verify if load testing will be needed once epoxy has properly cured

4. Wood Construction:
a. Periodic inspections where nailing/fasteners are 4 inches or less b. Verify material grades, nail type and size
c. Inspect nail spacing, penetration, edge distance, and verify nail size d. Proper plywood thickness and grade

Proposal to Provide Special Inspection and Testing Services City of Yuba City, DPW Contract No. 23-05
Fire Station No. 2 Dorm Room Addition Project
1641 Gray Avenue, Yuba City, CA
April 22, 2024 Page 3 of 4
e. Installation of blocking, when blocked edges are required f. Receiving members for spacing, size, and resistance to splitting g. Proper plywood layout per project requirements
h. “shiners” (nails penetrating structural panel sheathing only) i. Verify that critical members have received the nail specified j. We have assumed that any prefabricated wood items will be fabricated at an approved fabricator and will not need any 3rd party inspections at the fabrication shop.

5. Other – management oversight, administrative and technical support – Prepare engineers reports, mix design/welding (WPS) review, final reports, etc.

Scope of Work Exclusions

1. Geotechnical Design Recommendations (by Geotechnical Engineer of Record)

2. Structural observations (by Structural Engineer of Record)

3. Structural steel, welding - field and shop*

4. Floor Flatness/Levelness Testing (FF/FL) *

5. Waterproofing installation inspections/tests (by Others)

6. Concrete vapor/moisture emission tests*

7. Masonry Construction*

8. Any other inspections and/or testing not specifically addressed above* *These services can be provided by MatriScope if requested.

If the scope of work outlined is not accurate or has changed, please inform us immediately and we will revise our estimate for materials testing and special inspection for this project.

ESTIMATED COST
The below noted estimate is based on our review of the available project plans noted as Estrada Engineering (A, C & S-plans) dated 12/23/22, the applicable building codes and our experience on similar project types.

TASK ESTIMATED FEES FOR MATERIALS TESTING AND INSPECTION SERVICES ESTIMATED FEES

1. Earthwork/Civil Improvements $7,430

2. Reinforcing Steel/Concrete $9,770

3. Structural Wood $2,160

4. Project Administration $2,904
TOTAL ESTIMATED FEES $22,264
A detailed breakdown of our estimated fees is attached.

ESTIMATE OF FEES & CONDITIONS
Our proposed estimate of fees for construction materials testing and special inspection services associated with the Fire Station No. 2 Dorm Room Addition Project, based on the scope of services as described above, is $22,264.00.

Please note this is a time and materials estimate, not a lump sum estimate. Our services will be billed on a time and materials basis at our discounted CA-Prevailing Wage Rates.

Please recognize that the estimate of the total cost for the scope of services described herein is provided in good faith but is intended as an estimate only. There are many variables that may affect the performance of professional services (including, without limitation, schedule adjustments and conditions in the field, coordination with other trades, field change orders, contractor staffing, weather, materials availability and the like). Construction practices and schedules can vary widely and may impact our estimate.

Proposal to Provide Special Inspection and Testing Services City of Yuba City, DPW Contract No. 23-05
Fire Station No. 2 Dorm Room Addition Project
1641 Gray Avenue, Yuba City, CA
April 22, 2024 Page 4 of 4
If additional services beyond those specifically included in our scope of services presented are required, such as project meetings, additional observation and testing, re-inspection, or additional laboratory tests, our fees for those services will be billed on a time and materials basis at the rates established for the project and/or our current Schedule of Fees and Services (attached).

Whenever possible we will try to combine inspection and testing services to reduce the cost to the project. We will provide services on an as-called basis and will require 24-hour advance notice for scheduling observation and testing visits. Special inspection and construction materials testing services are billed portal to portal from our Sacramento office on a time and materials basis.

MatriScope has a minimum billing increment for our field technicians. Field technicians’ charges are billed at twohour minimum show-up/cancellation and four-hour increments. Overtime (work over 8 hours and Saturdays) or premium time (Sundays and Holidays) are billed at 1.5x and 2.0x, respectively, of our stated hourly rates. All inspectors and/or materials testing will be provided upon 24 hours prior notice of the time and date of the requested service. Same day request for service will be billed at 1.5x hourly rate. We will provide an itemized listing of all tests and inspections performed. All billing services performed in the field will be charged on an hourly basis. All payments are net-30 days from the date of invoice and are considered past due thereafter. A finance charge of one and a half percent per month service charge (eighteen percent per annum) may be assessed on past due accounts.

An administration fee of fifteen percent will be added to all invoices. Equipment, trip, parking and toll charges are additional when applicable. The rates quoted are valid through July 1st, 2024, and are subject to an annual minimum cost-of-living increase of 5.0 percent for services after that date. Please recognize that the estimate of the total cost for the scope of services described herein is provided in good faith but is intended as an estimate only. There are many variables that may affect the performance of professional services (including, without limitation, schedule adjustments and conditions in the field, coordination with other trades, field change orders, contractor staffing, weather, materials availability and the like). Construction practices and schedules can vary widely and may impact our estimates.

INSURANCE
MatriScope Engineering Laboratories, Inc. will provide a certificate of insurance providing our standard coverage, which consists of:

Commercial General Liability (CGL) $1,000,000 each occurrence Bodily Injury & Property Damage $2,000,000 aggregate
Workers Compensation $1,000,000

CLOSURE
We appreciate the opportunity to present this proposal and look forward to working with you on this project. If you should have any questions or require additional information, please contact our office at (916) 375-6700.

Respectfully Submitted,
MatriScope Engineering Laboratories, Inc.

Dan Inferrera Ahmed Hamdy
Operations Manager VP of Business Management &
Project Management

April 22, 2024
Special Inspections & Materials Testing Services Estimate City of Yuba City, DPW Contract No. 23‐05
Fire Station No. 2 Dorm Room Addition Project
1641 Gray Avenue, Yuba City, CA
Div. 31/32 Earthwork/Civil Improvements: Rate Amount
Compaction Testing & Observation
Compaction Testing: Grading/soils/base/sub-base/AB/PCC areas.

Continuous inspection during backfilling/trenches & etc. 32 \hours 115.00 $ 3,680.00 $ Trip Charges 4 \trips 65.00 $ 260.00 $
Laboratory & Engineering Services:

Soils Compaction Curve (ASTM D-1557) 2 \each 365.00 $ 730.00 $ Soil Classification (Plasticity Index / Liquid Limit) 1 \each 295.00 $ 295.00 $ Soil Classification (Expansion Index Test) 1 \each 390.00 $ 390.00 $ Sieve Analysis, Coarse and Fine Including Wash 1 \each 225.00 $ 225.00 $ Concrete Compression Test (3 Sets of 5) 4x8 cylinders 15 \each 25.00 $ 375.00 $ Concrete Cylinder Molds 15 \each 5.00 $ 75.00 $
Nuclear Gauge Equipment 32 \hours 20.00 $ 640.00 $
Professional Engineers Bi-weekly Review & Issue Report 4 \hours 190.00 $ 760.00 $ Subtotal: $ 7,430.00
Div. 3 Reinforcing Steel/Concrete Rate Amount
Reinforcing Steel, & Anchor Placement:

Concrete Foundations: Cont./Spread Footings 8 \hours 115.00 $ 920.00 $ Slab on Grade 8 \hours 115.00 $ 920.00 $
Miscellaneous concrete items: 8 \hours 115.00 $ 920.00 $ Installation Inspections/Load Testing: Post Installed Anchors & Dowels 8 \hours 115.00 $ 920.00 $ Concrete Placement Inspection:

Concrete Foundations: Cont./Spread Footings 8 \hours 115.00 $ 920.00 $ Slab on Grade 8 \hours 115.00 $ 920.00 $
Miscellaneous concrete items: 8 \hours 115.00 $ 920.00 $ Sample Transportation To Laboratory 16 \hours 75.00 $ 1,200.00 $ Trip Charges 10 \trips 65.00 $ 650.00 $
Laboratory & Engineering Services:

Pro Engineer: Review/Mix Design & Reports 4 \hours 190.00 $ 760.00 $ Load Testing Equipment 8 \hours 15.00 $ 120.00 $
Concrete Compression Test (4 Sets of 5) 4x8 cylinders 20 \each 25.00 $ 500.00 $ Concrete Cylinder Molds 20 \each 5.00 $ 100.00 $
Subtotal: $ 9,770.00
Div. 6 Structural Wood Framing Rate Amount
Field Inspections
Sheathing/Nailing/Fasteners & etc. 16 \hours 115.00 $ 1,840.00 $ Trip Charges 2 \trips 65.00 $ 130.00 $
Engineer: Review/Report 1 \hours 190.00 $ 190.00 $
Subtotal: $ 2,160.00
$ 2,904.00
$ 22,264.00
Estimated Units
Estimated Units
Estimated Units
Professional Services Estimated Total:

Project Administration :

Proposal No.: P042324AH MatriScope Engineering Laboratories, Inc.

April 22, 2024
Special Inspections & Materials Testing Services Estimate City of Yuba City, DPW Contract No. 23‐05
Fire Station No. 2 Dorm Room Addition Project
1641 Gray Avenue, Yuba City, CA
Hours Cost
Earthwork/Civil Improvements: 32 7,430.00 $
Cast-In-Place Concrete: 72 9,770.00 $
Wood Framing: 16 2,160.00 $
Administration: - 2,904.00 $
120 22,264.00 $
ENGINEERING & PROJECT MANAGEMENT Units Rate
Senior Staff Professional/Geo-Engineer Hour 190.00 $
Project Manager Hour 175.00 $
Field Supervisor Hour 145.00 $
Weekly Summary Reports Hour 190.00 $

1. The unit rates for laboratory testing include all required laboratory technician costs, sample storage and disposal charges.

2. Regular work day is from 7:00 am to 4:00 pm, Monday - Friday. Inspector rates are based on a two-hour minimum show-up/cancellation and four-hour increments.

3. This estimate was based upon review of the available project documents consisting of the project plans noted as Estrada Engineering (A, C & S-plans) dated 12/23/22, the applicable building codes and our experience on similar project types.

4. Services will be performed on a time and material basis in accordance with this estimate and our current schedule of fees and services, including the basis of charges and general conditions contained therein. A project administration fee of fifteen percent will be added to all invoices. Equipment charges are additional. Services are portal to portal.

5. Our discounted Labor rates are based upon CA-prevailing wage requirements Additional Comments:

Project Staff Load & Cost Summary
Special Inspection Staff Loaded Schedule:

Proposal No.: P042324AH MatriScope Engineering Laboratories, Inc.

MatriScope Engineering Laboratories, Inc.

Sacramento (916) 375-6700 ● Livermore 925-606-7700
July 1, 2023 Certified/Accredited by DSA/LEA, AASHTO, AMRL, CCRL, & USACE Page 1 of 7 Engi ri g L bor tori s I c.

GEOTECHNICAL ENGINEERING, CONSTRUCTION MATERIALS

TESTING AND SPECIAL INSPECTION SERVICES-B
2023-2024 SCHEDULE OF FEES AND SERVICES

PROFESSIONAL SERVICES
1020 Senior Staff Professional....................................... 225.00/hour 1030 Geotechnical Engineer, Sr. Project Manager........ 225.00/hour 1025 Project Engineer.................................................... 195.00/hour 1205 Resident Engineer................................................. 185.00/hour 1040 Project Manager .................................................... 195.00/hour 1130 Quality Control Manager........................................ 185.00/hour 1815 Senior Building Inspector, Field / Lab Supervisor . 155.00/hour 1170 Laboratory Technician, Draftsman / CAD ............. 145.00/hour 1190 Technical Assistant, Administrative......................... 95.00/hour

INSPECTION AND TESTING SERVICES
Soils / Asphalt Concrete:
2140 Soil Compaction w/Nuclear Gauge, Sand Cone... $95.00/hour 2100 Soils Grading Observation & Sampling................... 95.00/hour 2580 AC Compaction Testing & Observation .................. 95.00/hour 2111 AC Placement Obs. & Sampling w/o compaction... 95.00/hour 2600 AC Batch Plant Inspection / Sampling..................... 95.00/hour 2110 Material Sampling / Transportation.......................... 95.00/hour 2375 Pile / Pier Ground Improvement Observation ....... 175.00/hour Portland Cement Concrete / Shotcrete / Gunite:
3300 Cast In Place Concrete Inspection & Testing........ $95.00/hour 3305 ACI Sampling and Testing....................................... 95.00/hour 3700 Concrete Batch Plant Inspection............................. 95.00/hour 3460 HS Grout Inspection & Testing................................ 95.00/hour 3400 Pre-Cast Concrete Plant Inspection........................ 95.00/hour 3350 Shotcrete / Gunite Inspection .................................. 95.00/hour 3350 DSA Shotcrete / Gunite Placement Inspection ..... 175.00/hour Reinforcing Steel / PT Strand:
3200 Post Tension / Concrete Reinforcing Inspection... $95.00/hour 3860 Rebar Sampling / Tagging....................................... 95.00/hour 3500 Post-Tensioned Stressing Observation................... 95.00/hour Masonry:
4200 Masonry Inspection.................................................. 95.00/hour 4530 Masonry Brick / Veneer Inspection.......................... 95.00/hour 4400 Masonry Rebar / Grout Inspection & Testing.......... 95.00/hour 4860 Sampling / Tagging Masonry Units ......................... 95.00/hour 4205 DSA Continuous Masonry Inspection ................. $175.00/hour Structural Steel:
5030 Shop Welding Inspection, Material Identification ...$95.00/hour 5070 Shop Non-Destructive Testing MT, UT & PT.........105.00/hour 5530 Field Welding Inspection ..........................................95.00/hour 5500 High Strength Bolting Inspection..............................95.00/hour 5570 Field Non-Destructive Testing MT, UT & PT..........105.00/hour 5860 Sampling & Tagging H.S. Bolts, Metals ..................95.00/hour 1125 Certified AWS Certified Welding Inspector ............105.00/hour 1145 NDT Level III Supervisor ........................................185.00/hour 5204 WPS & Qualifications Review................................195.00/hour 5580 Radiography Testing ..............................................465.00/hour Spray-Applied Fire Resistive Materials (SFRM) Fireproofing:
7250 Fireproofing Inspection...........................................$95.00/hour 7850 Fireproofing Cohesion / Adhesion Testing...............95.00/hour 7875 Firestopping Inspection ..........................................185.00/hour Roof / Wood / Waterproofing Division:
7320 Roofing Inspection............................................... $185.00/hour 6100 Wood Frame, Nailing Inspection............................185.00/hour 6220 Glue Laminated Beam’s.........................................275.00/hour 7100 Waterproofing Inspection .......................................185.00/hour Specialty Testing Division:
3480 Anchor Load / Torque Testing................................$95.00/hour 3470 Epoxy & Expansion Anchor / Dowel Inspection.......95.00/hour 3840 Pachometer Evaluation ..........................................185.00/hour 3835 Schmidt Hammer Testing.......................................185.00/hour 1145 Ground Penetrating Radar Survey (GPR) ............285.00/hour 3830 Floor Flatness Evaluation (Ff / Fl) .........................275.00/hour 3710 Concrete Floor Vapor Emission Testing ................185.00/hour 3475 Fiber Reinforced Polymer Inspection (FRP) ..........195.00/hour 9703 Coatings Inspection................................................195.00/hour 1115 Coring Technician, One Man..................................305.00/hour 1145 Senior Specialty Technician...................................225.00/hour Sample Pick-Up and Equipment Transport:
0209 Sample & Equipment Pick-Up / Delivery................$85.00/hour Transportation of samples when scheduled outside of normal business hours will incur premium rates. Note: Above rates shall be defined as “Basic Rates”; these rates do not include any applicable premium rates as presented in the Basis of Charges.

FIELD TESTING EQUIPMENT RATES
1010 Anchor Pull Jack, Torque Wrench....................... $20.00/hour 1100 Nuclear Gauge or Sand Cone ............................... 20.00/hour 1025 Skidmore Wilhelm H.S. Bolt Calibrator.................. 35.00/hour 1060 UT / MT / PT Gauge ............................................... 20.00/hour 1140 Floor Flatness ......................................................... 65.00/hour 1035 Paint Coating Gauge / Moisture Meter ................. 20.00/hour 1200 GPR / X-Ray (Cesium 192) ................................... 75.00/hour 1050 Pachometer / Schmidt Hammer ...........................$20.00/hour 1105 Coring Equipment (Machine, generator, etc.).......95.00/hour 1120 Core Barrel Usage (per inch drilled)......................... 15.00/inch 1160 SFRM Cohesion, Vapor Emission, RH/pH.......... 95.00/each 1200 Fiber Reinforced Polymer Test Pucks................... 65.00/each 1170 Concrete Testing (Air Meter, Slump, Scale) ........ 15.00/hour

MatriScope Engineering Laboratories, Inc.

Sacramento (916) 375-6700 ● Livermore 925-606-7700
July 1, 2023 Certified/Accredited by DSA/LEA, AAASHTO, AMRL, CCRL, & USACE Page 2 of 7 Engi ri g L bor tori s I c.
2023-2024 SCHEDULE OF FEES AND SERVICES - B

GEOTECHNICAL ENGINEERING, CONSTRUCTION MATERIALS

TESTING AND SPECIAL INSPECTION SERVICES

BASIS OF CHARGES
Minimums and Premium Charges:

MatriScope’s field inspection and testing services have minimum charges and premium time rates, including the following;
Minimums & Increments: Hours
Show-Up Cancellation Time*........................................................................... 2 Work Performed 0-4 hours............................................................................... 4 Work Performed 4-8 hours............................................................................... 8 Work Performed + 8 hours............................................................................... 2 When required to work thru lunch............................... 0.5 Hr @ 2X Basic Rate * Show-up time for scheduled work with no work performed and notice of cancellation of less than 4 hours (notice must be provided by telephone to our dispatcher during normal business hours of 7 AM to 3 PM). Premium time rates will apply for work performed outside of normal business hours.

Premium Charges Added to Hourly Rates*:

Shift Differential**...................................................................Basic Rate + 20% Over 8 hours on Weekdays .....................................................1.5 x Basic Rate First 8 hours on Saturday.........................................................1.5 x Basic Rate Over 12 hours on Weekdays ......................................................2 x Basic Rate Over 8 hours on Saturday...........................................................2 x Basic Rate Sunday and Holidays ..................................................................2 x Basic Rate * Shall also apply to Professional Services Staff
** A Shift schedule starts after 2:00 PM or before 4:00 AM and requires 5 consecutive days of service during our normal work week. Less than 5 days of consecutive shift work will result in additional charges including OT and DT due to rescheduling staff around our normal workday schedule.

Travel Time:

Services, including mileage and travel time, are charged portal to portal from point of dispatch and are included in minimums and increments. Travel time will be invoiced in accordance with the associated service rate and when applicable include any premium charges associated with performing the work. Where specialty equipment is required, such as a nuclear density gauge which must be stored at our State licensed facility, or proof-load test equipment, the technician’s reporting location is the laboratory.

Trip Charges:
1030 Trip Charge (0-25/miles of MatriScope office)....................$65.00/Trip 1030 Trip Charge (26-50/miles of MatriScope office)....................85.00/Trip Reimbursable Expenses:
1010 Mileage..................................................................................$0.85/Mile 1020 Per Diem (or Cost + 20% whichever is greater).................155.00/Day 1055 Equip. Rental / Cure Box / Notary / Expenses................... Cost + 20% 1055 Outside / Subcontracted Services ..................................... Cost + 20% 1025 Parking / Tolls..................................................................... Cost + 20% Final Reports & Affidavits* (Special Inspection Projects Only):
1580 Engineer’s Final Report Letter ...................................$475.00/Permit # 1580 DSA/OSHPD Verified Report.......................................750.00/Permit # * Outstanding issues of inspection, testing, and payments must be resolved to MatriScope’s satisfaction prior to release of the final report/affidavit.

Expedited Services (Rush Charge):

Where laboratory tests are to be performed on an immediate need basis (tests to be initiated out of order received and regardless of status of other previously received samples) the expediting fee is 100% of the associated unit rate. Same day request for engineering, technical or field inspection service and accelerated final report processing shall be billed an expediting fee of 50% of the associated unit rate.

Project Coordination, Engineering, and Management:

1. A minimum of one-half hour per $5,000.00 in invoiced services per week will be charged for Staff Professional to review daily field reports, prepare and update non-conformance/exception tracking records, and preparation of a weekly summary report, smart tablets, and cloud-based report access.

2. Staff Professional / Project Manager performing review of contractor submittals, laboratory test results, and other professional services are billed two-hour minimum/increment.

3. Special Handling Fee will be added to all invoices for Client required customization to standard processes such as billing, certified payroll, pay applications, special dispatch requests, etc.……….……….…3%

4. Project Administration Fee will be added to all invoices to cover project administration costs related to office project coordination, standard dispatch, report processing, typing, postage, and on-line access to all reports……………………………………………..…………….…......15%
Invoices will be submitted on a bi-weekly basis and are due upon receipt. Unpaid invoices aging beyond 30 days of the invoice date are subject to late charges equal to 1.5 % per month until paid. All services are billed on a time and material basis in accordance with this schedule of fees and/or, if provided, a project specific fee proposal. It is the client’s responsibility to notify MatriScope in writing prior to the start of work affected by Prevailing Wage requirements that may be imposed on the project. Failure to properly notify MatriScope will result in customer being responsible for all fees, penalties, or other costs associated with meeting these requirements. In addition, all affected rates will be increased 30 percent to account for additional costs to comply with prevailing wage requirements not identified in advance of submitting this schedule of fees and/or our project specific fee proposal.

Coordinated Inspections: If MatriScope or its agents will be performing in-shop inspections of fabrication or assembly, Client understands that MatriScope may perform coordinated inspections and bill accordingly. The industry standard requires that continuous inspection mandates a continuous presence in the facility for assembly or fabrication.

Anticipated Costs: Client recognizes and agrees that any "anticipated costs", "budget estimates", or the like that may be prepared by MatriScope are NOT "guaranteed maximums", "lump sums", or "not-to-exceed” totals. Client will be invoiced for all work performed.

Subcontractors: As required to accommodate the construction schedule, MatriScope may use contract special inspectors to augment our staff. Services performed by contract providers will be billed as MatriScope employees.

Subcontractor rates exceeding our quoted rates will be billed as outside services at cost plus 20%.

Our Fee Schedule and project specific rates are valid through June 30 of each year and are subject to a minimum increase of 5.0% on July 1. For services performed after June 30 fees for any on-going projects will be subject to this increase as a result of wage increases and cost of living adjustments.

MatriScope Engineering Laboratories, Inc.

Sacramento (916) 375-6700 ● Livermore 925-606-7700
July 1, 2023 Certified/Accredited by DSA/LEA, AASHTO, AMRL, CCRL, & USACE Page 3 of 7 Engi ri g L bor tori s I c.
2023-2024 SCHEDULE OF FEES AND SERVICES - B

GEOTECHNICAL ENGINEERING, CONSTRUCTION MATERIALS

TESTING AND SPECIAL INSPECTION SERVICES

LABORATORY TESTING

SOILS AND AGGREGATE TESTS
Compaction Curves - Moisture / Density Relationship:

Standard Proctor ASTM D698 / AASHTO T99
4” mold............................................................................. $385.00 each 6” mold............................................................................... 435.00 each Checkpoint for identification of material............................ 245.00 each Modified Proctor ASTM D1557 / AASHTO T180
4” mold............................................................................... 385.00 each 6” mold............................................................................... 435.00 each Checkpoint for identification of material............................ 245.00 each Rock Correction of Moisture/Density Curve ASTM D4718
........................................................................................... 255.00 each California Impact Wet/Dry Method CTM 216
........................................................................................... 520.00 each Basic Soil and Aggregate Properties:

Acid Solubility
......................................................................................... $345.00 each Aggregate Angularity AASHTO T304
Fine Aggregate ................................................................. 345.00 each Clay lumps and Friable Particles ASTM C142
........................................................................................... 285.00 each Cleanness Value CTM 227
1" x #4 (or finer) ............................................................... 345.00 each 1-1/2” x ¾” ......................................................................... 545.00 each 2-1/2” x 1-1/2”.................................................................... 950.00 each Pit Run............................................................................... 495.00 each Crushed Particles (percent) CTM 205
........................................................................................... 285.00 each Durability Index CTM 229
Course Fraction................................................................. 385.00 each Fine Fraction...................................................................... 385.00 each Flat and Elongated Particles ASTM D4791
........................................................................................... 325.00 each Los Angeles (LA) Abrasion and Impact ASTM C131/CTM 211
500 revolutions .................................................................. 445.00 each 100 & 500 revolutions ....................................................... 565.00 each Los Angeles (LA) Abrasion and Impact ASTM C535
(for large size coarse aggregate) 1000 revolutions ....... 695.00 each Mohs Hardness
........................................................................................... 445.00 each Organic Impurities in Fine Aggregates ASTM C40 / CTM 213 ........................................................................................... 285.00 each Relative Mortar Strength of Portland Cement Concrete Sand CTM 515 ........................................................................................... 975.00 each Sand Equivalent ASTM D2419/CTM 217
........................................................................................... 365.00 each Soundness of Aggregates ASTM C88/CTM 214
5 Cycles (billed per fraction) .......................................... 325.00 each Specific Gravity & Absorption
Fine Aggregate ASTM C128/CTM 207 ............................ 285.00 each Course Aggregate ASTM C127/CTM 206........................ 295.00 each Unit Weight (Bulk Density) and Voids in Aggregate ASTM C29/CTM 212 Unit weight (average of 3 tests) ........................................ 275.00 each Voids in Mineral Aggregate CTM LP-2
Calculated.......................................................................... 285.00 each Classification and Index Testing:

Atterberg Limits (Plasticity Index) ASTM D4318
Dry Prep Method B.......................................................... $385.00 each Wet Prep Method A........................................................... 435.00 each Classification of Soils (Unified Soil Classification System ASTM D2487 Visual Classification .......................................................... 155.00 each Stiffness by Torvane/Pocket Penetrometer .................185.00 each Moisture Content ASTM D2216
Individual test..................................................................... 110.00 each Moisture and Density ASTM D7263b
Sample Diameter to 3”...................................................... 185.00 each Sample to 6” Diameter...................................................... 225.00 each Organic Content of Peat and Other Organic Soil ASTM D2974 ........................................................................................... 265.00 each Particle Size Analysis ASTM C136/CTM 202
Coarse aggregate (#4 to 1-1/2" maximum) ..................... 365.00 each Coarse aggregate (#4 to 3").............................................. 365.00 each Total sieve coarse and fine (to 1-1/2" maximum)............. 475.00 each Fine aggregate (#4 to #200 w/wash)................................ 285.00 each Sieve analysis pit run with #200 wash.............................. 495.00 each #200 Wash on Aggregate ASTM C117............................ 325.00 each #200 Wash on Soil ASTM D1140..................................... 325.00 each Particle Size Analysis ASTM D422
Sieve (from ½” to #200) ................................................... 225.00 each Sieve (from 1-1/2” to #200) .............................................. 325.00 each Sieve (from 3” to #200)...................................................... 295.00 each Hydrometer test w/ sieve D422/ CTM 203 ....................... 425.00 each pH of Soil CTM 643/AASHTO T-228
........................................................................................... 215.00 each

MatriScope Engineering Laboratories, Inc.

Sacramento (916) 375-6700 ● Livermore 925-606-7700
July 1, 2023 Certified/Accredited by DSA/LEA, AASHTO, AMRL, CCRL, & USACE Page 4 of 7 Engi ri g L bor tori s I c.
2023-2024 SCHEDULE OF FEES AND SERVICES - B

GEOTECHNICAL ENGINEERING, CONSTRUCTION MATERIALS

TESTING AND SPECIAL INSPECTION SERVICES
Pinhole Test (Classification of Dispersive Clay) ASTM D4647 ........................................................................................... 675.00 each Porosity (Total)
Includes ASTM D7263 & ASTM D854 ............................. 285.00 each Specific Gravity of Soils
by hydrometer ASTM D854/CTM 203.............................. 275.00 each (-#4) by pycnometer ASTM D854/CTM 209.................... 265.00 each

GEOTECHNICAL ANALYTICAL TESTING
Consolidation Properties:

Consolidation (1 cycle, 1 time rate) ASTM D2435.....$595.00 each For each additional Time-Rate curve...........................295.00 each Unload-Reload loop (per point)....................................135.00 each Trim to test from 3” sample..........................................110.00 each Expansion & Collapse Testing:

Expansion Index UBC / ASTM D4829 .......................$575.00 each One-Dimensional Swell or Collapse ASTM D4546
Method A (4-point curve)...................................... 1,195.00 each Method B.................................................................. 440.00 each Method C.................................................................. 460.00 each Collapse potential ASTM D5333..................................325.00 each Shrink-Swell ASTM D3877 ..........................................265.00 each Expansion pressure free swell ASTM D3877 ..............215.00 each Soil Strength Testing:

Resistance "R" Value ASTM D2844/CTM 301
Untreated material....................................................... ...$595.00 each Cement, lime, or other additives field sample................. 655.00 each Cement, lime, or other additives laboratory mixed ......675.00 each Direct Shear Tests, per point (2.5” diameter)
Unconsolidated-Undrained UU ....................................365.00 each Consolidated-Undrained CU........................................425.00 each Consolidated-Drained CD (sandy soil) ASTM D3080..385.00 each Consolidated-Drained CD (single point) ......................225.00 each Unconfined Compressive Strength
Cohesive soil ASTM D2166 .........................................210.00 each Soil-Cement cyl. (mixed in the lab) ASTM D1633.......... 295.00 each Soil-Cement cyl. (field mixed) ASTM D1633................... 285.00 each CTB (mixed in the lab) ASTM D1633 .............................. 295.00 each CTB (field mixed) ASTM D1633 ....................................... 285.00 each Cement Treated Base (CTB) Mix Design:

Moisture-Density Relations of Soil-Cement Mixture
(each cement content) ASTM D558 ............................... $495.00 each Particle Size Analysis ASTM C136................................... 465.00 each Wetting & Drying Soil-Cement Mixtures ASTM D559... 1,150.00 each Freeze &Thaw Soil-Cement Mixtures ASTM D560....... 1,550.00 each CTB Comp. Strength (each cement %t) ASTM D1633.... 295.00 each Cement Treated Base Mix Design Report........................ 850.00 each Lime Treated Soil Mix Design:

Soil-Lime Proportion ASTM D6276 .............................. $850.00 each Lime Treated Soil at 1 moisture Content CTM 373.......... 965.00 each Additional Costs:

Preparation for 3” diameter specimen .......................$115.00 each Remold test specimen .................................................125.00 each For multi-stage, each additional stress level ...............115.00 each For each re-shear cycle...............................................125.00 each Photos............................................................................65.00 each Foreign Soil Sterilization and Disposal ............................. 195.00 each Sample Storage.............................................................................QOR Shipping of samples, liners or containers........................... Cost +20% Special handling of contaminated samples ..................................QOR Quote On Request (QOR)

ASPHALTIC CONCRETE
CTM 304/366/305
Stabilometer value of lab mixed sample.........................$765.00/point Stabilometer value of premixed sample ........................... 695.00 each Swell test of bituminous mixture ....................................... 385.00 each CTM 304/307
Moisture vapor susceptibility including
stabilometer (2 specimens).............................................. 395.00 each CTM 382/D6307
Bitumen content of paving mixture by ignition oven
(subject to environmental disposal surcharge)................ 465.00 each Correction Factor ..............................................................265.00 each ASTM D5444/CTM 202
Gradation of extracted sample including #200 washes.... 455.00 each ASTM D1559
Marshall test, premixed sample 3 specimen .................... 510.00 each Marshall test, lab mixed 3 specimens............................... 595.00 each Mix Design: Marshall Method - no aggregate............... 3,600.00 each Mix Design: Marshall Method - with aggregate ............. 4,200.00 each Mix Design: Hveem method - no aggregate.................. 3,400.00 each Mix Design: Hveem method - with aggregate ............... 3,900.00 each Marshall RAP Mix Design w/ Agg. Tests, AI MS-2........ 5,000.00 each Caltrans RAP Mix Design w/ Agg. Tests, CTM 367...... 4,600.00 each CTM 308/ASTM D2726
Specific gravity of compacted sample .............................. 295.00 each CTM 308AASTM /D1188
Specific gravity of AC - paraffin coated............................. 295.00 each CTM 304/375
Test maximum density (TMD), set of 5 specimens.......... 565.00 each ASTM D2041
Rice Gravity....................................................................... 295.00 each ASTM D1075
Index of retained strength, pre-mix ................................... 700.00 each

MatriScope Engineering Laboratories, Inc.

Sacramento (916) 375-6700 ● Livermore 925-606-7700
July 1, 2023 Certified/Accredited by DSA/LEA, AASHTO, AMRL, CCRL, & USACE Page 5 of 7 Engi ri g L bor tori s I c.
2023-2024 SCHEDULE OF FEES AND SERVICES - B

GEOTECHNICAL ENGINEERING, CONSTRUCTION MATERIALS

TESTING AND SPECIAL INSPECTION SERVICES
Index of retained strength, lab mix............................................... 980.00 each Index Retained Stability - pre mix ..................................... 700.00 each Index Retained Stability - lab mix...................................... 850.00 each ASTM D4867/AASHTO
Tensile strength ratio, pre-mix........................................ 1,450.00 each Tensile strength ratio, lab mix ........................................ 1,750.00 each CTM 303
CKE Coarse ...................................................................... 295.00 each CKE Fine ........................................................................... 295.00 each Filmstripping, CTM 302245.00…………………………... 395.00 each
ATPB mix (grade, remix @ 2/2.5/3%) .............................. 485.00 each Open graded mix evaluation (grade, recombine, mix
@ 3 oil %’s, filmstripping), CTM 368................................. 545.00 each CTM 370
Moisture content of AC by microwave oven……………...165.00 each Calculate Voids Filled with Asphalt, CTM LP-3................ 145.00 each Calculate Dust Proportion, CTM LP-4 .............................. 145.00 each Calculate Air Voids of HMA, CTM 367 ............................. 165.00 each

CONSTRUCTION MATERIALS TESTING
Concrete / Shotcrete Testing:

ASTM C39/C567
Compression tests, 6" x 12” and 4” x 8” molded cyls....... $55.00 each Unit weight on concrete cylinder....................................... 165.00 each Cylinder Molds (Concrete / Grout / Mortar)......................... 10.00 each Compression Test Samples Cast by Others ...................... 90.00 each ASTM C495
Lightweight insulating concrete (3" diameter x 6"
cylinder) Compression tests................................................ 85.00 each ASTM C469
Static Young's modulus of elasticity in
compression of 6" diameter x 12" cylindrical
specimen ........................................................................... 725.00 each Splitting tensile test, 6" diameter x 12" cylinder................ 225.00 each ASTM C512
Creep of Concrete in compression (by project quote)... $1,900.00/min Equilibrium Density ASTM C567 ...................................... 245.00 each ASTM C42/C39
Compression test concrete cores ..................................... 165.00 each Shotcrete core compressive strength............................... 165.00 each ASTM C78/C293
Flexural strength of concrete, 6" x 6" x 24" specimen...... 245.00 each ASTM C157 (MODIFIED)
Volume change of concrete, per set of 3 (drying
shrinkage test), up to 28 days drying (excludes
trial batch).......................................................................... 865.00 each ASTM C109
Compression Tests, 2" cube specimen.............................. 75.00 each ASTM C192
Laboratory Trial Batch (by project quote) ........................ 4,500.00/min Masonry Testing:

ASTM C140
Gross Area Compression................................................ $195.00 each Net Area Compression ..................................................... 235.00 each Absorption and moisture content (*) ................................. 265.00 each Linear shrinkage (rapid method) (*).................................. 685.00 each ASTM C426
Linear shrinkage (ASTM C426) (*) ................................... 725.00 each Unit Weight (*)................................................................... 265.00 each Dimensional measurement/Equivalent web thickness (*) 265.00 each UBC Standard
2" x 4" mortar cylinder ......................................................... 75.00 each Grout sample....................................................................... 75.00 each Composite prism............................................................... 285.00 each ASTM C1006
Splitting tensile (*).............................................................. 195.00 each Compression Test of CMU Core (CBC Title 24) .............. 225.00 each Shear Test of CMU Core (both face) (CBC Title 24)........ 215.00 each ASTM C531
Linear Shrinkage & Coefficient of Thermal
Expansion ......................................................................... 920.00 each Brick Tests:

ASTM C67
Compression test ............................................................ $185.00 each Absorption test, saturation coefficient............................... 195.00 each Modulus of rupture ............................................................ 185.00 each Clay Roofing Tile Testing:

UBC Standard 32-12 Breaking Load.............................. $265.00 each Water Absorption by 24-hour Oven Drying (extra
charge for cutting/preparation).......................................... 355.00 each Built-Up Roofing Testing:

Basic weight analysis ...................................................... $965.00 each ASTM D2829
Ply separation and complete roof analysis....................... 925.00 each Fireproofing Testing:

Density of sprayed-on fireproofing.................................. $225.00 each Moisture Content of Sprayed-on Fireproofing .................. 195.00 each

MatriScope Engineering Laboratories, Inc.

Sacramento (916) 375-6700 ● Livermore 925-606-7700
July 1, 2023 Certified/Accredited by DSA/LEA, AASHTO, AMRL, CCRL, & USACE Page 6 of 7 Engi ri g L bor tori s I c.
2023-2024 SCHEDULE OF FEES AND SERVICES - B

GEOTECHNICAL ENGINEERING, CONSTRUCTION MATERIALS

TESTING AND SPECIAL INSPECTION SERVICES
Structural Steel Plates and Shapes Testing:
(Sample preparation and machining not included)
Tensile Testing - yield, ultimate, elongation
To 1" material thickness, inclusive.................................. $185.00 each Over 1" up to 1-1/2" thickness........................................... 245.00 each Over 1-1/2" thickness........................................................ 355.00 each End-Welded "Nelson" Studs ............................................. 185.00 each Cold Bend Testing:

To 3/4" material thickness................................................. 195.00 each Over 3/4" up to 1-1/4" thickness........................................ 235.00 each Flattening Tests on Pipe:

To 10" diameter and 3/4" max. wall.................................. 195.00 each Guided Side, Root or Face Bends and T-Break............... 185.00 each Standard Welder Qualification Test.................................. 955.00 each Macroetch Examination .................................................... 295.00 each Reinforcing Steel Testing:

Tensile Testing Full Section (yield/ultimate/elongation):

Bar Size through #8......................................................... $195.00 each #9 through #11 .................................................................. 325.00 each #14..................................................................................... 465.00 each #18..................................................................................... 595.00 each Coupled rebar through #11............................................... 325.00 each Coupled rebar through #14............................................... 495.00 each Coupled rebar through #18............................................... 595.00 each Cold Bend Testing on Bar Size #11 and smaller.............. 195.00 each Cold Bend Testing on Bar Size #14.................................. 265.00 each Post-Tension / Pre-Stressed, 7-Wire Strand Testing:

Seven-wire strands, ASTM A416, for 1/4" through 1/2" strands Breaking strength only .................................................... $665.00 each Yield strength, breaking strength & elongation................. 795.00 each Mechanical Testing of Metallurgical Items:
(sample preparation and machining not included)
Yield strength, tensile, elongation, R/A for 1/2"
diameter or sub-size reduced-section specimen............ $325.00 each Hardness Testing (3 points/sample)
Rockwell / Brinell............................................................... 195.00 each Charpy Impact Testing (minimum of 3 specimens):

Room Temperature........................................................... 165.00 each To minus 100 degrees Fahrenheit.................................... 185.00 each To minus 150 degrees Fahrenheit.................................... 195.00 each High Strength Bolting (Nuts, Bolts, and Washers) Testing:
(Sample preparation and machining not included)
ASTM A325, A490 AND A449
Bolts: to 1-1/8" diameter inclusive
Proof load ........................................................................ $175.00 each Ultimate Tensile................................................................. 195.00 each Hardness (Rockwell) (*) including sample preparation .... 165.00 each Nuts: to 1-1/8" inclusive
Proof load .......................................................................... 165.00 each Hardness (Rockwell) (*) including sample preparation .... 185.00 each Washers: all sizes
Hardness (Rockwell) (*) including sample preparation .... 185.00 each Carburization Depth .......................................................... 210.00 each ASTM F959
Load Indicator Washers (LIW), proof load........................ 175.00 each

SPECIALTY TESTING
ASTM A90
Weight of galvanized coating (subject to environmental
disposal fee).................................................................... $265.00 each Other materials-aluminum, brass, bronze, fiberglass, etc 195.00 each

MISCELLANEOUS
Calibration of hydraulic ram system (single ram, one
pressure gauge to 30 tons)............................................... 750.00 each Calibration of hydraulic ram system (single ram, one
Pressure gauge to 100 tons)............................................. 950.00 each Fiber Reinforced Polymer Tensile / Elongation............. 1,650.00 each

MatriScope Engineering Laboratories, Inc.

Sacramento (916) 375-6700 ● Livermore 925-606-7700
July 1, 2023 Certified/Accredited by DSA/LEA, AASHTO, AMRL, CCRL, & USACE Page 7 of 7 Engi ri g L bor tori s I c.
2023-2024 SCHEDULE OF FEES AND SERVICES - B

GEOTECHNICAL ENGINEERING, CONSTRUCTION MATERIALS

TESTING AND SPECIAL INSPECTION SERVICES

GENERAL TERMS AND CONDITIONS

1. Access. Client is responsible for providing MatriScope access to the project or facility site as well as safe access to all inspection/testing locations (via suitable ladders, etc.).

2. Scheduling and Cancellation. All inspection services must be scheduled at least 48 hours in advance.

3. Coordinated Inspections. If MatriScope or its agents will be performing inshop inspections of fabrication or assembly, MatriScope may perform coordinated inspections and bill accordingly. Where continuous inspections are mandated, a continuous presence in the assembly/fabrication facility is required.

4. Final Affidavit. The final inspection report (affidavit) will be issued on the 10th working day following the request for the affidavit by the client’s project representative. However, any outstanding issues of inspection, testing, and accounting (payments) must be resolved to MatriScope’s satisfaction prior to release of the affidavit. Outstanding issues may include, but are not limited to, approved resolution of Non-Conformance Reports and Requests for Information, 28-day concrete test results, and payment in full for services.

5. Anticipated Costs. Client recognizes and agrees that any "anticipated costs", "budget estimates", or the like that may be prepared by MatriScope are NOT "guaranteed maximums", "lump sums", or "not-to-exceed” totals. Client will compensate MatriScope for all services performed.

6. Terms of Payment. (a) Invoice(s) shall be submitted bi-weekly, payments are due within thirty (30) days from date of invoice without retention. Overdue payments are subject to a late payment charge of 1.5% of the invoice amount plus interest at 1.5% per month until all overdue amounts, late charges and interest are fully paid. No dispute shall excuse Client from timely payment of all invoice amounts except amounts specifically disputed by Client in good faith. (b) MatriScope reserves the right to suspend the services without notice if all invoices are not paid when due, and to terminate the services if all invoices are not fully paid within five (5) days after written notice to Client of MatriScope’s intent to so terminate. Upon any such termination of services, the entire amount accrued for all services performed shall immediately become due and payable. Client waives any and all claims against MatriScope, its subsidiaries, affiliates, servants and agents, for suspension or termination of services pursuant to this paragraph. (c) Should MatriScope refer a past due account to an attorney or collection agency or to file suit for collection, Client agrees to pay all actual expenses and costs incurred thereby, including actual attorney's fees and costs.

7. Warranty. MatriScope warrants that its services will be in accordance with that degree of care and skill ordinarily exercised under similar circumstances by members of its profession in the vicinity as of the date the services are performed. Customer’s sole remedy for breach of this warranty shall be for MatriScope to re-perform its services of non-conforming items, provided Client provides written notice to MatriScope within one (1) year after performance of the non-conforming services. This warranty and remedy is exclusive and is in lieu of any other warranty or representation, express or implied.

8. Limitation of Liability. To the fullest extent permitted by law, in no event, whether due to or based on delay, contract, tort, negligence, strict liability, warranty, indemnity, error, omission or any other legal theory, shall MatriScope or its sub-consultants or their directors, officers, employees and agents be liable under or in connection with this Agreement or the performance or non-performance of the services (a) for any special, indirect, consequential, incidental or punitive damages, or for loss of use, loss of revenue or profit (actual or anticipated), increased cost of construction, claims of customers of Client, or any liquidated damages incurred by Client, or (b) in an aggregate amount in excess of the greater of $10,000 or 25% of the total amount actually paid to MatriScope pursuant to this Agreement.

9. Governing Law and Venue. All contract issues and matters of law will be adjudicated in accordance with the laws of the State of California (excluding any provisions or principles thereof which would require the application of the laws of a different jurisdiction). Venue for any litigation shall be any state court or United States District Court situated in the State of California and having jurisdiction over the parties and subject matter.

10. Force Majeure. Any delay or failure of MatriScope in the performance of its obligations under this Agreement shall be excused to the extent caused by event(s) that are beyond MatriScope’s reasonable control.

11. Indemnification. Client shall indemnify, defend and hold harmless MatriScope from and against all claims, suits, damages, losses, expenses, costs, obligations, liabilities, recoveries and deficiencies, including interest, penalties and reasonable attorneys' fees, that MatriScope shall incur or suffer, which arise or result from or relate to the breach of, or failure by Client, to perform, any representation, warranty, covenant or agreement given or made by Client as set forth in this Agreement.

12. Miscellaneous. This Agreement supersedes any and all prior written and/or oral understandings, contracts and agreements that may have been made or entered into between the parties regarding the subject matter hereof. Any terms or conditions of Client's purchase order, approval or acceptance which are not identical to the terms and conditions of this Agreement are null and void, are not part of the agreement between MatriScope and Client, and are not binding upon MatriScope. This Agreement may be modified only by a written amendment signed by both parties. In the event that any one or more of the provisions of this Agreement are found to be illegal or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect, and such term or provision shall be deemed stricken to the extent and in the jurisdictions necessary for compliance with applicable law. Any provisions of this Agreement providing for limitation of or protection against liabilities between the parties hereto shall survive termination of the Agreement and/or completion of the services. Any delay, waiver or omission by either party to exercise any right or power arising from any breach or default by the other party of this Agreement shall not be construed to be a waiver of any subsequent breach or default.

601 Bercut Drive ▪ Sacramento, CA 95811 ▪ 916.375.6700 ▪ Fax: 916.447.6702 6244 Preston Avenue ▪ Livermore, CA 94551 ▪ 925.606.7700 ▪ Fax: 925.606.7702 w w w . ma t r i s cop e . co m Engi ri g L bor tori s I c.

SERVICES AGREEMENT AND AUTHORIZATION
Parties; Effective Date. This Services Agreement and Authorization (“Agreement”) is between MatriScope Engineering Laboratories, Inc. (“Consultant”) and City of Yuba City (“Client”) (collectively, the “Parties”). This Agreement shall become effective and binding on both Parties on the earlier occurrence of (a) Consultant beginning performance of the Services, or (b) Client executing and returning the Agreement to Consultant (the “Effective Date”).

Project Name and Job Site Address (“Project”): Fire Station No. 2 Dorm Room Addition Project 1641 Gray Avenue, Yuba City, CA
Client Name: City of Yuba City Permit #:

Authorized Agent: Nick Menezes, PE P.O. #:

Address:
1201 Civic Center Blvd.

Yuba City, CA 95993 File #:

Telephone: (530) 822-4640 Authorization #:

Fax: Client Project #:

Email: [email protected] Certified Payroll Required? Yes No Service
Requested by: State/Local Prevailing Wage? Yes No
MEL Project
Manager: Ahmed Hamdy Federal Prevailing Wage? Davis-Bacon Act Service Contract Act
A. The Services. This Agreement shall serve as Client’s authorization for Consultant to proceed with the Scope of Services (as defined below) for the above described Project. Consultant’s Services shall not include determining, supervising or implementing the means, methods, techniques or procedures of construction or any verification of plumbness/levelness, and Consultant shall not be responsible for evaluating, reporting or affecting project conditions concerning health, safety, welfare or the environment Consultant’s Services or failure to perform the same shall not in any way excuse any contractor, subcontractor, supplier, consultant or other party from performance of its Services in accordance with its contract requirements or with applicable laws, codes, standards, rules and regulations. Statements made in Consultant’s reports are opinions based on professional judgment and are not to be construed as representations of fact.

B. Compensation. Unless otherwise specifically agreed to in writing, Consultant’s services shall be performed on a time and material basis in accordance with the attached Proposal and/or our current Schedule of Fees and Basis of Charges. Client shall compensate Consultant for performance of the services in accordance with the following subject to adjustment as provided in the General Terms and Conditions, the attached Schedule of Fees and Services and Basis of Charges, and the following as applicable (check all that apply), which are incorporated by this reference:
x Attached Proposal to Client dated 4/22/2024
x Attached Budget Estimate dated 4/22/2024
Attached Not to Exceed Budget Estimate
dated
Advance Payment Required
Other (specify):

C. GENERAL TERMS AND CONDITIONS:

1. Definitions; Scope of Services.
“Client” refers to the person or business entity ordering the Services to be done by Consultant. “Contract Documents” means this Agreement, Consultant’s proposal dated [date] for the Project (the “Proposal”), Consultant’s Budget Estimate [if applicable], Consultant’s currently published Schedule of Fees and Services (including the Basis of Charges) and Client’s acceptance thereof. In the event of any conflict between the Contract Documents, the terms and conditions herein shall prevail.
“Services” means the specific geotechnical, analytical, testing or other services to be performed by Consultant as set forth in the Contract Documents. This scope of Services shall be subject to the terms and conditions set forth herein and shall not be modified except as agreed by the Parties via a Work Order as defined below, or as otherwise requested by Client’s Authorized Agent or Client’s subcontractor’s authorized agent and performed by Consultant. Client shall communicate the terms and conditions of this Agreement to each and every third party to whom Client transmits any part of Consultant’s Services. Consultant shall have no duty

601 Bercut Drive ▪ Sacramento, CA 95811 ▪ 916.375.6700 ▪ Fax: 916.447.6702 6244 Preston Avenue ▪ Livermore, CA 94551 ▪ 925.606.7700 ▪ Fax: 925.606.7702 w w w . ma t r i s cop e . co m Engi ri g L bor tori s I c.

or obligation to any third party greater than set forth in Consultant’s Proposal, Budget Estimate [if applicable], Client’s acceptance thereof and these General Conditions. The ordering of Services from Consultant shall constitute acceptance of the terms of Consultant’s fees and these General Conditions.
“Budget Estimate” refers to any estimate of anticipated total costs provided by Consultant at the outset of the Project or in connection with its Proposal. Client recognizes and agrees that Budget Estimates, or the like that may be prepared by Consultant are NOT “guaranteed maximums” or “lump sum” totals. Client agrees to compensate Consultant for all services performed. Any estimate of the total cost for the scope of Services (“Budget Estimate”) described herein is provided in good faith but is intended as an estimate only in recognition of the many variables that may affect the execution of professional services (including, without limitation, schedule adjustments, conditions in the field, coordination with other trades, field change orders, and the like). If Client is ordering the Services on behalf of another, Client represents and warrants that Client is the duly authorized agent of said party for the purpose of ordering and directing said Services. Unless otherwise stated in writing, Client assumes sole responsibility for determining whether the quantity and the nature of the Services ordered by Client are adequate and sufficient for Client’s intended purpose. Consultant will endeavor to keep Client apprised of progress of the Services.

Where applicable, a “Not to Exceed Budget Estimate” is not a “guaranteed maximum price” or “lump sum” price. A “Not to Exceed Budget Estimate” means that Consultant will not invoice Client for time and materials in excess of the Budget Estimate without prior written notice to Client of a substantial modification to the Budget Estimate. A substantial modification is a modification that would cause the Services to exceed the total Budget Estimate by more than twenty percent (20 %). Client understands that a Work Order, as defined herein, which alone or in conjunction with prior Work Orders, results in a substantial modification to the Budget Estimate, shall be deemed Client’s request for modification of the Not to Exceed Budget Estimate and that performance of such Services shall be deemed Consultant’s acceptance of such request, to be charged on a time and materials basis based on Consultant’s currently published Schedule of Fees and Services. Consultant’s invoice for such additional requested Services shall be deemed sufficient written notice of modification to a Not To Exceed Budget Estimate. Client understands that any Not To Exceed Budget Estimate does not include (a) Consultant’s administration fee, project management charges, reimbursable expenses, travel time, premium charges, expedited service charges, show up and cancellation charges, all as defined in the Basis of Charges; (b) equipment charges, or (c) other exclusions specifically listed on Consultant’s Budget Estimate or Proposal. “Work Orders” include, without limitation, any combination of: (a) a purchase order, change order, release, or other request for Services; (b) job initiation order, authorization or notice to proceed and/or change orders; (c) Specifications, to the extent such Specifications are relevant to the Work Order; and/or (d) the schedule for a Project, including, but not limited to the Services to be performed by Consultant, that is prepared by Client or Client’s subcontractor(s), and provided to Consultant. Any Work Order submitted to Consultant shall be made in writing and shall be subject to the terms of this Agreement, if issued during the term of this Agreement.

The “Term” of this Agreement shall be from the Effective Date until the services have been completed (including issuance of all required reports) and all payments have been received or early termination as provided herein. Consultant will start performance of the services upon receipt of this Agreement signed by Client’s Authorized Agent. Consultant will not begin performance of the Services without prior written notice to proceed from Client. Any modifications to this Agreement shall not be binding unless countersigned by Consultant.

2. Access and Damage Repair. Client is responsible for providing Consultant access to the project or facility site as well as safe access to all inspection/testing locations (via suitable ladders, etc.) as is necessary for Consultant to perform the Services.

Consultant shall take reasonable measures and precautions to minimize damage to the site and any improvement located thereon as the result of its Services or the use of its equipment; however, Consultant has not included in its Proposal or Budget Estimate the cost of restoration of damage which may occur. If Client desires or requires Consultant to restore the site to its former condition, upon written request Consultant will perform such additional Services as is necessary to do and Client agrees to pay to Consultant the cost thereof. Unless Consultant has assumed in writing the responsibility of locating subsurface or latent conditions, Client agrees to indemnify and save Consultant harmless from all claims, suits, losses, costs and expenses, including reasonable attorney’s fees as a result of personal injury, death or property damage occurring with respect to Consultant’s performance of its Services and arising from subsurface or latent conditions or damage to subsurface or latent objects, structures, lines or conduits where the actual or potential presence and location thereof was not revealed to Consultant by Client.

3. Tests and Inspections. Client shall cause all tests and inspections of the site, materials and Services performed by Consultant or others to be timely and properly performed in accordance with the plans, specifications, contract documents, and Consultant’s recommendations. No claims for loss, damage or injury shall be brought against Consultant by Client or any third party unless all tests and inspections have been so performed and unless Consultant’s recommendations have been followed. Client agrees to indemnify, defend and hold Consultant, its officers, employees, and agents harmless from any and all claims, suits, losses, costs, and expenses, including, but not limited to, court costs and reasonable attorney’s fees in the event that all such tests and inspections are not so performed or Consultant’s recommendations not so followed.

4. Scheduling and Cancellation. All inspection services must be scheduled at least 24 hours in advance. For inspections further than a 150-mile radius of the applicable Consultant office or facility, at least five (5) business days advance notice is required and additional charges for related expenses will be charged. The services set forth above will be accomplished in a timely and

601 Bercut Drive ▪ Sacramento, CA 95811 ▪ 916.375.6700 ▪ Fax: 916.447.6702 6244 Preston Avenue ▪ Livermore, CA 94551 ▪ 925.606.7700 ▪ Fax: 925.606.7702 w w w . ma t r i s cop e . co m Engi ri g L bor tori s I c.

professional manner by Consultant’s personnel. If Consultant is required to delay commencement of the Services or if, upon embarking upon its Services, Consultant is required to stop or interrupt the process of its Services as a result of changes in the scope of the Services required by Client, to fulfill the requirements of third parties, interruption in the progress of construction, or other causes beyond the direct reasonable control of Consultant, Client agrees to pay Consultant for the additional time and/or materials costs caused to by the delay or work stoppage, including hourly minimum/show up charges as set forth in the Basis of Charges.

5. Coordinated Inspections. If Consultant or its agents will be performing in-shop inspections of fabrication or assembly, Consultant may perform coordinated inspections and bill accordingly. Where continuous inspections are mandated, a continuous presence in the facility for assembly or fabrication is required. The Project, however, will not demand constant vigilance as other jobs will be fabricated or assembled at that facility. Client therefore understands that one or more persons may be able to simultaneously and effectively cover one or more jobs. In such event, Consultant warrants that it will expend the necessary amount of time on Client's Project to properly perform its services without a reduction in the quality of the inspection. Client hereby agrees that it will not object to coordinated billings. If Client prefers to have an exclusive inspector dedicated to Client's job, then the fees may need to be adjusted upwards and our proposal must specifically state that an exclusive inspection is required.

6. Final Affidavit. The final inspection report (affidavit) will be issued on the 10th working day following the request for the affidavit by Client’s Authorized Agent on the Project. However, Consultant shall not be required to release the affidavit until any outstanding issues of inspection, testing, and accounting (payments) have been resolved to Consultant’s satisfaction. Outstanding issues may include, but are not limited to, approved resolution of Non-Conformance Reports and Requests for Information, 28-day concrete test results, and payment in full for services.

7. Terms of Payment. (a) Invoice(s) shall be submitted bi-weekly for Services performed in the preceding period, payments are due within thirty (30) days from date of invoice without retention. Overdue payments are subject to a late payment charge of 1.5% of the invoice amount plus interest at 1.5% per month (or the maximum interest rate permitted under applicable law, whichever is lesser) until all overdue amounts, late charges and interest are fully paid. No dispute shall excuse Client from timely payment of all invoice amounts except amounts specifically disputed by Client in good faith. (b) Consultant reserves the right to suspend the services without notice if all invoices are not paid when due, and to terminate the services if all invoices are not fully paid within five (5) days after written notice to Client of Consultant’s intent to so terminate.

Upon any such termination of services, the entire amount accrued for all services performed shall immediately become due and payable. Client waives any and all claims against Consultant, its subsidiaries, affiliates, servants and agents, for suspension or termination of services pursuant to this paragraph.
(c) Should Consultant refer a past due account to an attorney or collection agency or to file suit for collection, Client agrees to pay all actual expenses and costs incurred thereby, including actual attorney's fees and costs. (d) Consultant shall not be bound by any provision in any other documents purporting to be a “pay if paid” or “pay when paid” clause or otherwise conditioning Consultant’s right to payment upon payment by a third party or purporting to require Consultant to waive its right to a mechanic’s lien or other statutory rights. This Agreement is intended to, and does, shall prevail over any contrary or inconsistent provision in any other contract documents. Nothing herein shall operate to waive or restrict Consultant’s statutory right under California law to file or record a mechanics lien against the project for which Services have been performed or materials supplied.

8. Warranty. Consultant warrants that its services will be performed, its findings obtained, and its reports prepared in accordance with that degree of care and skill ordinarily exercised under similar circumstances by members of its profession in the vicinity as of the date the services are performed. Customer’s sole remedy for breach of this warranty shall be for Consultant to re-perform its services of non-conforming items, provided Client provides written notice to Consultant within one (1) year after performance of the non-conforming services. This warranty and remedy is exclusive and is in lieu of any other warranty or representation, express or implied. The warranties being disclaimed include, without limitation, warranties of merchantability and fitness for a particular purpose.

9. Annual Fee Escalation. Compensation for Consultant services is subject to adjustment on July 1st of each year to cover any increase in Consultant’s cost due to changes in prevailing wages, non-prevailing wages, benefits, working conditions, plus corresponding changes in our general administrative and overhead expense. Consultant will notify Client of these adjustments which shall become the agreed upon basis for the continuation of services by Consultant.

10. Insurance. Consultant carries all insurance required by law. Certificates of coverage will be furnished upon request.

Additional cost of insurance certificates, co-insurance endorsements, or additional insurance will be reimbursed by Client.

11. Limitation of Liability. To the fullest extent permitted by law, in no event, whether due to or based on delay, contract, tort, negligence, strict liability, warranty, indemnity, error, omission, reliance, unfair business practice, or any other legal or equitable theory, shall Consultant or its subconsultants or their directors, officers, employees and agents be liable under or in connection with this Agreement or the performance or non-performance of the services (a) for any special, indirect, consequential, incidental or punitive damages, or for loss of use, loss of revenue or profit (actual or anticipated), increased cost of construction, claims of customers of Client, or any liquidated damages incurred by Client. Should Consultant be found, by a court of competent

601 Bercut Drive ▪ Sacramento, CA 95811 ▪ 916.375.6700 ▪ Fax: 916.447.6702 6244 Preston Avenue ▪ Livermore, CA 94551 ▪ 925.606.7700 ▪ Fax: 925.606.7702 w w w . ma t r i s cop e . co m Engi ri g L bor tori s I c.

jurisdiction, to have been negligent in the performance of professional services, or to have materially breached this Agreement, Client’s sole remedy shall be for actual damages in an aggregate amount (as to all claimants found to have been damaged or harmed in any way) of the total amount actually paid to Consultant pursuant to this Agreement but in no case will Consultants liability exceed One Million Dollars ($1,000,000.00). Consultant carries worker’s compensation insurance and public liability insurance for bodily injury and property damage which may be suffered by third parties and members of the public who are not covered by the limitation of liability set forth in this paragraph. Consultant assumes the risk of damage caused by its personnel to Consultant’s own supplies and equipment.

12. Governing Law and Venue. All contract issues and matters of law will be adjudicated in accordance with the laws of the State of California (excluding any provisions or principles thereof which would require the application of the laws of a different jurisdiction). Venue for any litigation shall be any state court or United States District Court situated in the State of California and having jurisdiction over the parties and subject matter. Anything contained in any other contract document notwithstanding, Consultant shall not be bound by any provision or agreement requiring or providing arbitration of disputes or controversies arising out of Consultant’s Services or this Agreement.

13. Force Majeure. Any delay or failure of Consultant in the performance of its obligations under this Agreement shall be excused to the extent caused by event(s) that are beyond Consultant’s reasonable control.

14. Miscellaneous. This Agreement supersedes any and all prior written and/or oral understandings, contracts and agreements that may have been made or entered into between the parties regarding the subject matter hereof. Any terms or conditions of Client's purchase order, approval or acceptance which are materially inconsistent with to the terms and conditions of this Agreement are null and void, are not part of the agreement between Consultant and Client and are not binding upon Consultant. This Agreement may be modified only by a written amendment signed by both parties, except with respect to the Scope of Services as set forth in paragraph 1 above. In the event that any one or more of the provisions of this Agreement or portions thereof are found to be illegal or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect, and such term or provision shall be deemed stricken to the extent and in the jurisdictions necessary for compliance with applicable law.

Any provisions of this Agreement providing for limitation of or protection against liabilities between the parties hereto shall survive termination of the Agreement and/or completion of the services. Any delay, waiver or omission by either party to exercise any right or power arising from any breach or default by the other party of this Agreement shall not be construed to be a waiver of any subsequent breach or default. By signing below, each signatory represents his or her authority to bind Consultant and Client, respectively, to the terms and conditions of this Agreement. This agreement may be executed in counterparts and may be delivered by electronic mail or facsimile.

15. Termination. This agreement may be terminated by either party upon seven (7) days’ prior written notice, either for its convenience or for cause. In the event of termination, Consultant shall be compensated by Client for all services performed up to and including the termination date, including reimbursable expenses, and for the completion of such services and records as are necessary to place Consultant’s files in order and/or protect its professional reputation. In the event of termination prior to issuance of the any report or the final affidavit, Consultant shall not be liable to Client for the cost of completion by any other consultant of the Services, or for any excess cost sustained by Client by reason of such early termination and completion by others, nor shall Consultant or its subcontractors be responsible for errors or omissions in reports, logs, or other documents which are incomplete as a result of early termination, Consultant having been deprived of an opportunity to complete and certify such documents as ready for completion.

16. Proprietary Information; Confidentiality and Ownership. During the term of this Agreement, Client may have access to information that is considered confidential and proprietary by Consultant. This information may include, but is not limited to, nonpublic information relating to prices, compensation, research, products, services, developments, inventions, processes, protocols, methods of operations, techniques, strategies, programs (both software and firmware), designs, systems, proposed business arrangements, results of testing, distribution, engineering, marketing, financial, merchandising and/or sales information, employee and customer lists and/or aggregated data, and similar information of a sensitive or proprietary nature ("Confidential Information"). Client may use Confidential Information only for the purposes of this Agreement and the Project.

Client shall maintain the confidentiality of Confidential Information in the same manner in which it protects its own Confidential Information of like kind, but in no event shall Client take less than reasonable precautions to prevent the unauthorized disclosure or use of Confidential Information. Client shall not use Confidential Information for its own or any third party’s benefit. The provisions of this Section shall survive termination of this Agreement for so long as the Confidential Information is considered confidential by Consultant.

Client further understands and agrees that all of Consultant’s laboratory tests, inspections of samples, professional interpretations or analyses of the foregoing, and any of Consultant’s logs and reports, are the sole and exclusive property of Consultant until payment for Consultant’s services rendered in connection with the foregoing. Client and the Consultant shall not use these documents for purposes unrelated to this Agreement without the prior written approval of the other Party.

Consultant shall be deemed the author and owner of any and all information and shall retain all common law, statutory and other reserved rights, including federal, state and common law copyright and trademark rights, where applicable, until payment in full

601 Bercut Drive ▪ Sacramento, CA 95811 ▪ 916.375.6700 ▪ Fax: 916.447.6702 6244 Preston Avenue ▪ Livermore, CA 94551 ▪ 925.606.7700 ▪ Fax: 925.606.7702 w w w . ma t r i s cop e . co m Engi ri g L bor tori s I c.

therefor by Client. Client may not utilize the services, analysis, testing, reports or underlying data that has been released by Consultant periodically to Client to procure a Final Affidavit by another contractor or consultant, absent prior compliance with the termination and payment provisions of this Agreement.

17. Non-Solicitation; Placement Fee. Client acknowledges that Consultant expended time, expense and effort to recruit, train and hire or contract with its employees, contractors, consultants and service professionals and consultants to Consultant (“Affected Persons”), and that the loss of the contractual or employment relationship with such Affected Persons would cause Consultant to incur time and expense to recruit, train, and replace such Affected Persons. Therefore, in consideration of this Agreement and other valuable consideration, the adequacy and receipt of which is acknowledged, Client agrees that for the duration Consultant’s Services on the Project, and for one year following the termination of this Agreement, Client will not directly or indirectly, solicit, induce, or attempt to solicit or induce to leave his/her employment or to terminate his/her contract or assignment with Consultant any Affected Person(s) who either provided Services on the Project, or who was employed/engaged by Consultant during the Project and had contact with Client in connection with the Project and/or Consultant’s Services for Client. Should any Affected Person(s) become an employee, temporary employee, independent contractor, or consultant of Client or Client’s parent company or subsidiaries, a placement fee equal to 40% of the existing annual compensation package for Consultant’s representative will be assessed and payable by client to Consultant upon occurrence. Client and Consultant agree that this amount represents reasonable compensation reflected by the costs incurred in providing and replacing the Affected Person(s).

No contractual obligations are imposed on Consultant by this Agreement until Consultant has been supplied with a copy fully executed and signed by Client. IN WITNESS WHEREOF, the Parties hereto agree to make this Agreement effective upon the Effective Date:

CLIENT SIGNATURE
[CITY OF YUBA CITY]

CONSULTANT SIGNATURE
[MATRISCOPE ENGINEERING LABORATORIES, INC.]
BY [PRINT OR TYPE NAME HERE] BY

DATE DATE

Exhibit B
Professional Services Agreement
Insurance Requirements
I. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance for his/her employees in accordance with the laws of the State of California and Employers Liability Insurance in an amount not less than one million dollars ($1,000,000) per accident for bodily injury and/or disease. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance in accordance with the laws of the State of California and Employers Liability Insurance in an amount not less than one million dollars ($1,000,000) per accident for bodily injury and/or disease. for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. This provision shall not apply if Consultant has no employees performing work under this Agreement. If the Consultant has no employees for the purposes of this Agreement, Consultant shall sign the “Certificate of Exemption from Workers’ Compensation Insurance” which is attached hereto as Exhibit C.

II. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.

III. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.

IV. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s operations under this Agreement, whether such operations are by the Consultant or by its employees, subcontractors, or sub-consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis.

V. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a current A.M. Best’s rating of no less than A:VII and shall be endorsed with the following specific language or equivalent:

A. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. Conforms to ISO CG 2009 and CG 2037 10 01. Both are required.

B. This policy shall be considered primary insurance as respects to the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any selfinsured retention the City may have, shall be considered excess insurance only and shall not contribute with it.

C. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.

D. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.

E. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.

F. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage except after thirty (30) days written notice has been received by the City.

VI. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retention’s.

VII. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City, as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

Agenda Item 21

CITY OF YUBA CITY

STAFF REPORT
Date: May 21, 2024
To: Honorable Mayor & Members of the City Council;
From: Police Department
Presentation By: Brent Slade, Lieutenant
Summary
Subject: MOU with Sutter County for FLOCK Cameras, Agreement with FLOCK Recommendation: Adopt a Resolution to:

A. Accept the funding from the Community Corrections Partnership (CCP) in the amount of $256,250.00

B. Authorize the purchase and installation of 25 Flock Cameras, with the finding that it is in the best interest of the City
Adopt a Resolution to:

A. Authorize the execution of a Memorandum of Understanding (MOU) with Sutter County for the use of Flock Cameras, authorize the City Manager to execute the MOU on behalf of the City of Yuba City, and authorize the Chief of Police to enter into a Master Service Agreement with Flock Safety Fiscal Impact: The total cost of 25 Flock Cameras, including installation, is estimated at $256,250.00. The CCP’s funding will reimburse the city for the cost not to exceed $256,250.00 for the purchase and installation of the Flock Safety Cameras.

Purpose:

Accept funding from the Sutter County Community Corrections Partnership to purchase and install 25 Flock Cameras within the City of Yuba City and County of Sutter and enter into a MOU between the City of Yuba City and the County of Sutter regarding Flock Cameras.

Council's Strategic Goal:

This item supports the City Council's Strategic Goal of Public Safety Background:

The Community Corrections Partnership (CCP) has offered $256,250.00 in funding to the City of Yuba

City for the purpose of purchasing and installing 25 Flock safety cameras. These cameras are intended to enhance public safety and support local law enforcement efforts by providing real-time license plate reading capabilities and other surveillance functions.

In an effort to enhance regional public safety and surveillance capabilities, a proposal has been made to enter into a Memorandum of Understanding (MOU) with the County of Sutter. This MOU will facilitate the cooperative use and sharing of Flock safety cameras, which are designed to support law enforcement agencies in their efforts to prevent and solve crimes through advanced surveillance technology.

In an agreement between the city and county, 13 Flock Cameras will be installed within the city limits and 12 Flock Cameras will be installed within Sutter County.

Analysis:

Flock safety cameras have been proven effective in numerous jurisdictions for their ability to aid in crime prevention and the apprehension of suspects. The cameras are equipped with automatic license plate recognition technology, which can be integral in solving crimes more effectively. By collaborating with the County of Sutter, both jurisdictions can leverage mutual resources and data, enhancing the efficiency and scope of crime prevention strategies.

Benefits:

1. Enhanced Surveillance: Flock Cameras provide 24/7 monitoring in key areas, helping deter criminal activity.

2. Quick Data Retrieval: The cameras’ ability to quickly capture and analyze data aids in faster law enforcement response times.

3. Community Safety: Improved surveillance capabilities contribute to overall community safety and security.

4. Resource Sharing: shared access to surveillance technology and data, reducing overall costs for both jurisdictions.

5. Expanded Coverage: Increased surveillance coverage areas, leading to improved safety across both jurisdictions.

6. Enhanced Collaboration: Strengthened partnership between law enforcement agencies, fostering better communication and coordination.

Fiscal Impact:

The total cost of 25 Flock Cameras, including installation, is estimated at $256,250.00. The CCP’s funding will reimburse the City for the cost not to exceed $256,250.00 for the purchase and installation of the Flock Safety Cameras.

Alternatives:

1. Reject funding from CCP

2. Find alternative crime prevention methods
Recommendation:

Adopt a Resolution to:

A. Accept the funding from the Community Corrections Partnership (CCP) in the amount of

$256,250.00.

B. Authorize the purchase and installation of 25 Flock Cameras with the finding that it is in the best interest of the City.

Adopt a Resolution to:

C. Authorize the execution of a Memorandum of Understanding (MOU) with Sutter County for the use of Flock Cameras, authorize the City Manager to execute the MOU on behalf of the City of Yuba City, and authorize the Chief of Police to enter into a Master Service Agreement with Flock Safety Attachments:

1. RESOLUTION FLOCK

2. RESOLUTION MOU

3. FLOCK MSA
Prepared By: Submitted By:

Brent Slade
Police Lieutenant
Diana Langley
City Manager

Agenda Item
ATTACHMENT 1

RESOLUTION NO. ___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

AUTHORIZING THE ACCEPTANCE OF FUNDS FROM THE COMMUNITY CORRECTIONS

PARTNERSHIP (CCP) FOR THE PURPOSE OF PURCHASING AND INSTALLING FLOCK

CAMERAS
WHEREAS, the County has reserved funds from the Community Corrections Program, which are sufficient to initially purchase approximately 25 cameras for a system with shared access; and
WHEREAS, the majority of these cameras will be located within the City, so the County has requested the City take the lead in contracting for the entire system so as to make the best use of public funds; and
WHEREAS, there are limited number of potential sources of such systems currently on the market; and
WHEREAS, Flock Group Inc. (“Flock”) is a nationally recognized company used by law enforcement, and the Flock automated license plate readers capture the date, time, location, license plate, and vehicle details (type and color), as well as objects (bicycles, animals, and people); and
WHEREAS, the automated license plate readers, and associated network integration and services (collectively “Safety Cameras”), have the unique design and performance characteristics essential to law enforcement operations and are not available in other products; and
WHEREAS, the parties desire to install automated license plate readers that will serve as a key component to crime prevention, and will provide coverage and establish a network throughout key locations the City and County; and
NOW, THEREFORE, the City Council of the City of Yuba City does resolve as follows:

1. Accepts $256,250.00 from the Community Corrections Partnership.

2. Waives the Purchasing Policy requirement to solicit quotes and authorizes the purchase and installation of Flock Cameras as outlined in the staff report, with the finding that it is in the best interest of the City.

3. Authorizes the Chief of Police to enter into a contract agreement with Flock Safety, to implement the project, ensuring adherence to all applicable privacy and safety regulations.

4. Funds received hereunder shall not be used to supplant expenditures controlled by this body.

BE IT FURTHER RESOLVED, that the City Council of the City of Yuba City agrees to abide by the terms and conditions set forth by Flock Safety.

The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 21st day of May 2024.

AYES:

NOES:

ABSENT:

Shon Harris, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM:

COUNSEL FOR YUBA CITY:

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP

Agenda Item
ATTACHMENT 2

RESOLUTION NO. ___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH

SUTTER COUNTY FOR THE USE OF FLOCK CAMERAS
WHEREAS, The Yuba City Police Department has proposed entering into a Memorandum of Understanding with Sutter County to enhance public safety through the use of Flock Cameras; and
WHEREAS, on average, the Yuba City Police Department investigates about 6,100 crimes per year, and the Sutter County Sheriff Department investigates about 4,200 crimes per year; and
WHEREAS, a network of automated license plate readers helps reduce crime by providing law enforcement the ability to have key access points within the City and County monitored by cameras that alert law enforcement to stolen vehicles and those individuals who have criminal arrest warrants tied to vehicle license plates; and WHEREAS, a combined system both within the City and County would be the most efficient to reduce crime; and
WHEREAS, the County has reserved funds from the Community Corrections Program, which are sufficient to initially purchase approximately 25 cameras for a system with shared access; and
WHEREAS, the majority of these cameras will be located within the City, so the County has requested the City take the lead in contracting for the entire system so as to make the best use of public funds; and
WHEREAS, there are limited number of potential sources of such systems currently on the market; and
WHEREAS, Flock Group Inc. (“Flock”) is a nationally recognized company used by law enforcement, and the Flock automated license plate readers capture the date, time, location, license plate, and vehicle details (type and color), as well as objects (bicycles, animals, and people); and
WHEREAS, the automated license plate readers, and associated network integration and services (collectively “Safety Cameras”), have the unique design and performance characteristics essential to law enforcement operations and are not available in other products; and
WHEREAS, the parties desire to install automated license plate readers that will serve as a key component to crime prevention, and will provide coverage and establish a network throughout key locations the City and County; and

WHEREAS, the parties now desire to memorialize the acquisition, use, and access of public safety cameras for law enforcement purposes within the City and County.

NOW, THEREFORE, the City Council of the City of Yuba City does resolve as follows:

1. Approves the Memorandum of Understanding with Sutter County as presented by the Yuba City Police Department.

2. Authorizes the City Manager to execute the MOU on behalf of the City of Yuba City.

3. Authorizes the Chief of Police to proceed with the implementation of the MOU ensuring compliance with all legal and regulatory requirements.

BE IT FURTHER RESOLVED, that the City Council of the City of Yuba City agrees to abide by the terms and conditions set forth by the Memorandum of Understanding The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 21st day of May 2024.

AYES:

NOES:

ABSENT:

Shon Harris, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM:

COUNSEL FOR YUBA CITY:

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP

Agenda Item
ATTACHMENT 3

Master Services Agreement
This Master Services Agreement (this “Agreement”) is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Road NW Suite 210, Atlanta, GA 30318 (“Flock”) and the entity identified in the signature block (“Customer”) (each a “Party,” and together, the “Parties”) on this the 23 day of April 2024. This Agreement is effective on the date of mutual execution (“Effective Date”). Parties will sign an Order Form (“Order Form”) which will describe the Flock Services to be performed and the period for performance, attached hereto as Exhibit A. The Parties agree as follows:

RECITALS
WHEREAS, Flock offers a software and hardware situational awareness solution through Flock’s technology platform that upon detection is capable of capturing audio, video, image, and recording data and provide notifications to Customer (“Notifications”); WHEREAS, Customer desires access to the Flock Services (defined below) on existing devices, provided by Customer, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, via the Flock Services; WHEREAS, Customer shall have access to the Footage in Flock Services. Pursuant to Flock’s standard Retention Period (defined below) Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices; and
WHEREAS, Flock desires to provide Customer the Flock Services and any access thereto, subject to the terms and conditions of this Agreement, solely for the awareness, prevention, and prosecution of crime, bona fide investigations and evidence gathering for law enforcement purposes, (“Permitted Purpose”).

AGREEMENT

NOW, THEREFORE, Flock and Customer agree that this Agreement, and any Order Form, purchase orders, statements of work, product addenda, or the like, attached hereto as exhibits and incorporated by reference, constitute the complete and exclusive statement of the Agreement of the Parties with respect to the subject matter of this Agreement, and replace and supersede all prior agreements, term sheets, purchase orders, correspondence, oral or written communications and negotiations by and between the Parties.

1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or crossreferenced in this Section 1.

1.1 “Anonymized Data” means Customer Data permanently stripped of identifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no longer be identified directly or indirectly.

1.2 “Authorized End User(s)” means any individual employees, agents, or contractors of Customer accessing or using the Services, under the rights granted to Customer pursuant to this Agreement.

1.3 “Customer Data” means the data, media and content provided by Customer through the Services. For the avoidance of doubt, the Customer Data will include the Footage.

1.4. “Customer Hardware” means the third-party camera owned or provided by Customer and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.

1.5 “Embedded Software” means the Flock proprietary software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardware.

1.6 “Flock Hardware” means the Flock device(s), which may include the pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface, to provide the Flock Services as specifically set forth in the applicable product addenda.

1.7 “Flock IP” means the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or its Authorized End

Users. Flock IP does not include Footage (as defined below).

1.8 “Flock Network End User(s)” means any user of the Flock Services that Customer authorizes access to or receives data from, pursuant to the licenses granted herein.

1.9 “Flock Services” means the provision of Flock’s software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.

1.10 “Footage” means still images, video, audio and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services.

1.11 “Hotlist(s)” means a digital file containing alphanumeric license plate related information pertaining to vehicles of interest, which may include stolen vehicles, stolen vehicle license plates, vehicles owned or associated with wanted or missing person(s), vehicles suspected of being involved with criminal or terrorist activities, and other legitimate law enforcement purposes. Hotlist also includes, but is not limited to, national data (i.e., NCIC) for similar categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts, and includes manually entered license plate information associated with crimes that have occurred in any local jurisdiction.

1.12 “Installation Services” means the services provided by Flock for installation of Flock Services.

1.13 “Retention Period” means the time period that the Customer Data is stored within the cloud storage, as specified in the product addenda.

1.14 “Vehicle Fingerprint™” means the unique vehicular attributes captured through Services such as: type, make, color, state registration, missing/covered plates, bumper stickers, decals, roof racks, and bike racks.

1.15 “Web Interface” means the website(s) or application(s) through which Customer and its Authorized End Users can access the Services.

2. SERVICES AND SUPPORT

2.1 Provision of Access. Flock hereby grants to Customer a non-exclusive, non-transferable right to access the features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Authorized End Users to access and download via the Web Interface for the data retention time defined on the Order Form (“Retention Period”). Authorized End Users will be required to sign up for an account and select a password and username (“User ID”). Customer shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, including any acts or omissions of authorized End user which would constitute a breach of this agreement if undertaken by customer. Customer shall undertake reasonable efforts to make all Authorized End Users aware of all applicable provisions of this Agreement and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage).

2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, nontransferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the Flock Services.

2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within seventy-two (72) hours. Flock will provide Customer with reasonable technical and on-site support and maintenance services in-person, via phone or by email at [email protected] (such services collectively referred to as “Support Services”).

2.4 Upgrades to Platform. Flock may make any upgrades to system or platform that it deems necessary or useful to (i) maintain or enhance the quality or delivery of Flock’s products or services to its agencies, the competitive strength of, or market for, Flock’s products or services, such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law.

Parties understand that such upgrades are necessary from time to time and will not diminish the quality of the services or materially change any terms or conditions within this Agreement.

2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Flock reasonably believe Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance (“Service Interruption”). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer, to provide updates, and to resume providing access to Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Customer’s direct actions or by the actions of parties associated with the Customer, the time will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day). For example, in the event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the Term.

2.6 Service Suspension. Flock may temporarily suspend Customer’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack on any of the Flock IP by Customer; (b) Customer’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Customer’s account (“Service Suspension”).

Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension.

2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work

immediately.

3. CUSTOMER OBLIGATIONS

3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they do not have the right to use, or any other name with the intent of impersonation. Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. Unless otherwise stated and defined in this Agreement, Customer shall not designate Authorized End Users for persons who are not officers, employees, or agents of Customer. Authorized End Users shall only use Customer-issued email addresses for the creation of their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer provides Flock with up to date contact information at all times during the Term of this agreement. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services. Customer shall (at its own expense) provide Flock with reasonable access and use of Customer facilities and Customer personnel in order to enable Flock to perform Services (such obligations of Customer are collectively defined as “Customer Obligations”).

3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer shall use Flock Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of data, video, photo, or audio content.

4. DATA USE AND LICENSING

4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty-free, irrevocable, worldwide license to use the Customer Data and perform all acts as may be necessary for Flock to provide the Flock Services to Customer. Flock does not own and shall not sell Customer Data.

4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post,

upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer (“Customer Generated Data”). Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer’s intellectual property rights of Customer Generated Data. Customer grants Flock a non-exclusive, irrevocable, worldwide, royalty-free, license to use the Customer Generated Data for the purpose of providing Flock Services. Flock does not own and shall not sell Customer Generated Data.

4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data nonidentifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right to use and distribute such Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell Anonymized Data.

5. CONFIDENTIALITY; DISCLOSURES

5.1 Confidentiality. To the extent required by any applicable public records requests, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party).

Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Customer includes non-public data provided by Customer to Flock or collected by Flock via Flock Services, which includes but is not limited to geolocation information and environmental data collected by sensors. The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event less than commercially reasonable precautions, and (ii)

not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. At the termination of this Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the Agreement.

Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret.

5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement.

Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. Customer and Authorized End Users shall not: (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (vi) use the Flock Services for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Customer’s rights. There are no implied rights.

5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to comply with a legal process, enforce this Agreement, or detect, prevent or otherwise address security, privacy, fraud or technical issues, or emergency situations.

6. PAYMENT OF FEES

6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. If Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no later than thirty (30) days after the closing date on the first invoice in which the error or problem appeared to receive an adjustment or credit. Customer acknowledges and agrees that a failure to contact Flock within this period will serve as a waiver of any claim. If any undisputed fee is more than thirty (30) days overdue, Flock may, without limiting its other rights and remedies, suspend delivery of its service until such undisputed invoice is paid in full. Flock shall provide at least thirty (30) days’ prior written notice to Customer of the payment delinquency before exercising any suspension right.

6.2 Notice of Changes to Fees. Flock reserves the right to change the fees for subsequent Renewal Terms by providing sixty (60) days’ notice (which may be sent by email) prior to the end of the Initial Term or Renewal Term (as applicable).

6.3 Late Fees. If payment is not issued to Flock by the due date of the invoice, an interest penalty of 1.0% of any unpaid amount may be added for each month or fraction thereafter, until final payment is made.

6.4 Taxes. Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock’s net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing authority, for which Customer is responsible, the appropriate amount shall be invoice to and paid by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and Flock shall not charge customer any taxes from which it is exempt. If any deduction or withholding is required by law, Customer shall notify Flock and shall pay Flock any additional

amounts necessary to ensure that the net amount that Flock receives, after any deduction and withholding, equals the amount Flock would have received if no deduction or withholding had been required.

7. TERM AND TERMINATION

7.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Term”). Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

7.2 Termination. Upon termination or expiration of this Agreement, Flock will remove any applicable Flock Hardware at a commercially reasonable time period. In the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period (“Cure Period”). Either Party may terminate this Agreement (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. In the event of a material breach by Flock, and Flock is unable to cure within the Cure Period, Flock will refund Customer a pro-rata portion of the pre-paid fees for Services not received due to such termination.

7.3 Survival. The following Sections will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 11.1 and

11.6.

8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER

8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Customer must notify Flock’s technical support team. In the event of a Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock.

8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that (1) Flock Services will be materially affected, and (2) that Flock shall have no liability to Customer regarding such affected Flock Services, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware.

8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTS.

FLOCK DOES NOT WARRANT THAT THE 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 SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK

DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT

LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER ONLY

APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 11.6.

8.5 Insurance. Flock will maintain commercial general liability policies as stated in Exhibit B.

8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omissions.

9. LIMITATION OF LIABILITY; INDEMNITY

9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY,

FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND

EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY

SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED

THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK’S ACTUAL

KNOWLEDGE OR REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; OR (F) FOR ANY AMOUNTS

THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS,

EXCEED THE FEES PAID AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE

ACT OR OMISSION THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION OF LIABILITY OF SECTION ONLY APPLIES TO THE EXTENT

ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION

11.6. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING

LIMITATIONS OF LIABILITY SHALL NOT APPLY (I) IN THE EVENT OF GROSS

NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) INDEMNIFICATION OBLIGATIONS.

9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable for the torts of its own officers, agents, or employees.

9.3 Flock Indemnity. Flock shall indemnify and hold harmless Customer, its agents and employees, from liability of any kind, including claims, costs (including defense) and expenses, on account of: (i) any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement; or (ii) any damage or injury to property or person directly caused by Flock’s installation of Flock Hardware, except for where such damage or injury was caused solely by the negligence of the Customer or its agents, officers or employees. Flock’s performance of this indemnity obligation shall not exceed the fees paid and/or payable for the services rendered under this Agreement in the preceding twelve (12) months.

10. INSTALLATION SERVICES AND OBLIGATIONS

10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, Customer is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s

rights to any damages Flock may sustain as a result of Customer’s default and Flock shall have the right to enforce any other legal remedy or right.

10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan (“Deployment Plan”). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location, and will provide alternative options to Customer.

10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, repositioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at (https://www.flocksafety.com/reinstall-fee-schedule). Customer will receive prior notice and confirm approval of any such fees.

10.4 Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide, attached hereto as Exhibit C (“Customer Obligations”). Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation.

10.5 Flock’s Obligations. Installation of any Flock Hardware shall be installed in a professional manner within a commercially reasonable time from the Effective Date of this Agreement. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or third party to perform certain obligations under this agreement, provided that Flock’s use of such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock’s obligations under this Agreement.

11. MISCELLANEOUS

11.1 Compliance With Laws. Parties shall comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s).

11.2 Severability. 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.

11.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction.

11.4 Entire Agreement. This Agreement, together with the Order Form(s), the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule), and any attached exhibits are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral , communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Customer’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. Any mutually agreed upon future purchase order is subject to these legal terms and does not alter the rights and obligations under this Agreement, except that future purchase orders may outline additional products, services, quantities and billing terms to be mutually accepted by Parties. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail. Customer agrees that Customer’s purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature.

11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Parties do not have any authority of any kind to bind each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer.

11.6 Governing Law; Venue. This Agreement shall be governed by the laws of the state in

which the Customer is located. The Parties hereto agree that venue would be proper in the chosen courts of the State of which the Customer is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.

11.7 Special Terms. Flock may offer certain special terms which are indicated in the proposal and will become part of this Agreement, upon Customer’s prior written consent and the mutual execution by authorized representatives (“Special Terms”). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.

11.8 Publicity. Flock has the right to reference and use Customer’s name and trademarks and disclose the nature of the Services in business and development and marketing efforts.

11.9 Feedback. If Customer or Authorized End User provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.

11.10 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation (“FAR”), section

2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system.

Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the

terms of this Agreement.

11.11 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.

11.12 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing.

11.13 Conflict. In the event there is a conflict between this Agreement and any applicable statement of work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise.

11.14 Morality. In the event Customer or its agents become the subject of an indictment, contempt, scandal, crime of moral turpitude or similar event that would negatively impact or tarnish Flock’s reputation, Flock shall have the option to terminate this Agreement upon prior written notice to Customer.

11.15 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt to the address listed on the Order Form (or, if different, below), if sent by certified or registered mail, return receipt requested.

11.16 Non-Appropriation. Notwithstanding any other provision of this Agreement, all obligations of the Customer under this Agreement which require the expenditure of funds are conditioned on the availability of funds appropriated for that purpose. Customer shall have the right to terminate this Agreement for non appropriation with thirty (30) days written notice without penalty or other cost.

FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: [email protected]
Customer NOTICES ADDRESS:

ADDRESS:

ATTN:

EMAIL:

EXHIBIT B

INSURANCE
Required Coverage. Flock shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services under this Agreement and the results of that work by Flock or its agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A. M. Best rating of no less than “A” and “VII”. Flock shall obtain and, during the term of this Agreement, shall maintain policies of professional liability (errors and omissions), automobile liability, and general liability insurance for insurable amounts of not less than the limits listed herein. The insurance policies shall provide that the policies shall remain in full force during the life of the Agreement. Flock shall procure and shall maintain during the life of this Agreement Worker's Compensation insurance as required by applicable State law for all Flock employees.

Types and Amounts Required. Flock shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
(i) Commercial General Liability insurance written on an occurrence basis with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, and property damage, including personal injury, contractual liability, independent contractors, broad-form property damage, and product and completed operations coverage;
(ii) Umbrella or Excess Liability insurance written on an occurrence basis with minimum limits of Ten Million Dollars ($10,000,000) per occurrence and Ten Million Dollars ($10,000,000) in the aggregate;
(iii) Professional Liability/Errors and Omissions insurance with minimum limits of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) in the aggregate;
(iv) Commercial Automobile Liability insurance with a minimum combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, death, and property coverage, including owned and non-owned and hired automobile coverage; and

(v) Cyber Liability insurance written on an occurrence basis with minimum limits of Five Million Dollars ($5,000,000).

Agenda Item 22

CITY OF YUBA CITY

STAFF REPORT
Date: May 21, 2024
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Ashley Potocnik, Development Liaison
Summary
Subject: City Welcome Sign – Ad Hoc Committee Follow Up Recommendation: Receive follow up presentation on the City Welcome Sign Ad Hoc Committee, discuss, and provide staff with direction
Fiscal Impact: In 2023, the City received a SACOG Community Design Grant in the amount of $100,000 for the City Welcome Sign project. Cost impacts associated with this project are dependent on Council direction.

Purpose:

To present a summary of the City Welcome Sign Ad Hoc Committee held on April 1, 2024, to City Council, and provide staff direction regarding next steps.

Council’s Strategic Goal:

This item supports the City Council’s Strategic Goal to enhance the Quality of Life for the City.

Background:

Yuba City has two welcome signs located at the southwest intersection of Township Road / State Route 20 and at approximately 1,100 feet southeast of the Bogue Road / Hwy 99 intersection. Due to disrepair, the signage portions were removed.

Based on direction from Council, a two-part design process was implemented.

1. Design Concept Competition (Call for Artists)

2. Request for Proposals (final design, fabrication, and installation) On December 4, 2023, the Call for Artists was distributed in coordination with the Yuba Sutter Arts Council, Yuba Sutter Chamber of Commerce, and Yuba City Unified School District. The Call for Artists outlined the design competition process and submission details. On February 2, 2024, the competition was closed with ten (10) design concept submissions received.

On February 20, 2024, the City Council established an Ad Hoc Committee to review the submissions and select finalists. The Ad Hoc Committee was steered by Councilmember Kirchner and

Councilmember Pasquale with representatives from the Planning Commission (Justine Gill), Senior Commission (Michael McFarlane), Parks & Recreation Commission (Staci Howell), and the Youth Commission (Maya Sangha).

On April 1, 2024, the Ad Hoc Committee met to review the submissions and select three finalists to move forward in the selection process. The Ad Hoc Committee reviewed and scored each submission based on creativity, alignment with City branding and guidelines, aesthetic appeal, relevance to the community, feasibility of implementation, and overall impression.

The three concepts that were selected to move forward in the process are Submission 5, Submission 8, and Submission 9 (see Attachment 1). I’ve outlined some of the comments and takeaways from the Ad Hoc Committee for each finalist below.

Submission 5
• Lighter colors might not provide the visual impact that would be needed along a fast-moving roadway.
• Overall design concept works well.
• The Sutter Buttes in the background is nice but would like to see the concept with the background extended to the exterior circle element.
• Interested in seeing this option with similar style and material lettering as the signage at Hwy 20 and Stabler Lane.
• Potentially use the exterior circle as a lighting element.

Submission 8
• Impressed with the level of detail on this concept – egrets, waterfowl, local crops, etc. • Although the detail is impressive, it may not be recognizable along a fast-moving roadway. • Some concerns with the possibility of the top portion being easy to damage or destroy.

Submission 9
• Like the simplicity of the design and the incorporation of City branding. • Some interest in seeing the design with the name larger and backlit lighting.

In addition to the submission specific feedback, the Ad Hoc Committee had the following general feedback:
• Prefer the ‘Welcome’ portion at the top of the sign versus along the bottom. • Interest in changing the font of the existing ‘Welcome’ portion on the bottom of the sign. • Cut out (channel) lettering like the existing signage at Hwy 20 and Stabler Lane is preferred.

Following the selection of the finalists by the Ad Hoc Committee, staff coordinated with a local sign contractor to provide an estimated cost for fabrication and installation for each design. The estimate below is an approximate number for each design submission. The number represents the cost to fabricate and install two identical signs at the existing sign locations. • Submission 5: $40,000
• Submission 8: $60,000

• Submission 9: $30,000

In summary, the Ad Hoc Committee’s thorough review and scoring process resulted in the selection of Submissions 5, 8, and 9 as finalists, each offering unique design elements that align with the City’s brand and community values.

At this time, staff is requesting direction from Council regarding which of the design concepts should be continued into the design, cost, and analysis process to prepare for bid and construction.

Fiscal Impact:

Cost impacts are dependent on Council direction.

Alternatives:

1. Direct Staff regarding which design concept should be continued in the design, cost, and analysis process.

2. Provide staff with alternative design concepts that have not yet been developed and analyzed.

Recommendations:

Receive follow up presentation on the City Welcome Sign Ad Hoc Committee, discuss, and provide staff with direction.

Attachments:

1. Final Design Concept Submissions

2. Welcome Sign Ad Hoc Design Scoring System and Scoring Sheet Prepared By: Submitted By:

Ashley Potočnik
Development Liaison
Diana Langley
City Manager

ATTACHMENT 1

Plums - Made of steel, painted purple.

Leaves - Made of steel, painted to resemble metal with
a blue-green and mint-green patina.

Each leaf may contain a design within it representing some of various cultures prominent to the area's history. Examples of those cultures might be Maidu, Mexican, European, Chinese, and Indian. Other cultures the city wishes to include can be added to the design, and each design within the leaves could be researched and agreed upon by the city and the people groups from those cultures. Above are simply examples of possilbe designs from five different cultures.

Plinth - Made of polished concrete, painted resemble
dark bronze, with the Sutter Buttes a brighter, more
golden polished bronze, and the lower parts of the
plinth painted to resemble a blue-green and mintgreen patina over the top of the bronze look.

The shape of the Sutter Buttes, as viewed from
Yuba City, would be sculpted onto the plinth's top.

Sign - Made of steel.
"Welcome To" - This part of the sign
would be painted a metallic bronze.
"Yuba City" - This part of the sign
would be painted a metallic gold.

Canada Geese - These birds would
be painted metallic gold, with the
necks painted metallic bronze, and
the cheeks painted white.

Great Blue Heron - The body of the
bird would be painted a gray-purple,
with bronze painted crest feathers
and a gold beak.

Egret - The body of the bird would
be painted white with a gold beak.

Lights - These would be placed at the base
of the plinth, facing up, and could even be
set into the top of the plinth itself, even within
the Sutter Buttes, shining up onto the text.

ATTACHMENT 2

CITY WELCOME SIGN

DESIGN SCORING SYSTEM
Each member of the Ad Hoc Committee will independently score each design submission based on the criteria outlined below. The scores will then be tallied to determine the top three highest-scoring designs. These final three designs will proceed to the next stage for cost estimation and presentation to the City Council for final selection.

One scoring sheet per person should be used for each design submission.

Creativity (0-10 points)
Alignment with City Branding Guidelines (0-10 points)
Aesthetic Appeal (0-10 points)
Relevance to Community (0-10 points)
Feasibility of Implementation (0-10 points)
Overall Impression (0-10 points)
Highest possible score = 60
overall Feedback:

CITY WELCOME SIGN
Creativity (0-10 points):

Originality and uniqueness of the design.

Innovative approach to representing the City's culture, diversity, and history.

Alignment with City Branding Guidelines (0-10 points):

Adherence to the City's branding guidelines and themes.

Integration of elements that reflect the City's identity and values.

Aesthetic Appeal (0-10 points):

Visual attractiveness and appeal of the design.

Use of colors, typography, and layout to create an engaging visual impact.

Relevance to Community (0-10 points):

Connection to the local community and its surroundings.

Ability to resonate with residents and visitors alike.

Feasibility of Implementation (0-10 points):

Practicality and ease of implementation of the design.

Consideration of technical requirements and constraints for installation.

Overall Impression (0-10 points):

Overall impression and impact of the design.

Cohesion and effectiveness in conveying the intended message. total Score

DESIGN SCORING SHEET
Score
1 2
3 4
5 6
Submission Number
Feedback

CITY OF YUBA CITY
Future Agenda Items
- Councilmember Boomgaarden
- Councilmember Kirchner
- Councilmember Pasquale
- Vice Mayor Shaw
- Mayor Harris

CITY OF YUBA CITY
Reports and Communications
The following reports and communication items are provided for the Council’s information. No action can be taken on items under this section unless the Council agrees to include it on a subsequent agenda
City Manager’s Report

CITY OF YUBA CITY
Reports and Communications
The following reports and communication items are provided for the Council’s information. No action can be taken on items under this section unless the Council agrees to include it on a subsequent agenda
City Council Reports
- Councilmember Boomgaarden
- Councilmember Kirchner
- Councilmember Pasquale
- Vice Mayor Shaw
- Mayor Harris
Adjournment