All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
3.6.8 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.9 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
3.6.10 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.6.6, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.6.11 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6.12 Prohibited Interests. 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. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. 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 therefrom.
3.6.13 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.6.14 Attorney’s Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorney’s fees and all other costs of such action.
3.6.15 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 Docusign Envelope ID: 564CD7D8-D1B2-421B-8757-91A61D04F59A Docusign Envelope ID: 6DA36F68-771C-4189-8F45-8B89DF043751
warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.6.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6.17 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties.
[SIGNATURES ON NEXT 2 PAGES]
Docusign Envelope ID: 564CD7D8-D1B2-421B-8757-91A61D04F59A Docusign Envelope ID: 6DA36F68-771C-4189-8F45-8B89DF043751
CITY’S SIGNATURE PAGE FOR
CITY OF CORONA
PROFESSIONAL SERVICES AGREEMENT
WITH MICHAEL BAKER INTERNATIONAL, INC.
(DESIGN, PREPARATION, AND CONSTRUCTION SUPPORT SERVICES– DOWNTOWN DRAINAGE IMPROVEMENTS PROJECT, RFP 25-062AT)
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.
CITY OF CORONA
By: _________________________
Savat Khamphou
Public Works Director
Reviewed By: _________________________
Javier Luna
CIP Manager
Reviewed By: _________________________
Fredy Castillo
Senior Engineer
Reviewed By: _________________________
Yasmin Lopez
Purchasing Manager
Attest:
_________________________
Sylvia Edwards, City Clerk
City of Corona, California
Docusign Envelope ID: 564CD7D8-D1B2-421B-8757-91A61D04F59A Docusign Envelope ID: 6DA36F68-771C-4189-8F45-8B89DF043751
CONSULTANT’S SIGNATURE PAGE FOR
CITY OF CORONA
PROFESSIONAL SERVICES AGREEMENT
WITH MICHAEL BAKER INTERNATIONAL, INC.
(DESIGN, PREPARATION, AND CONSTRUCTION SUPPORT SERVICES– DOWNTOWN DRAINAGE IMPROVEMENTS PROJECT, RFP 25-062AT)
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.
MICHAEL BAKER INTERNATIONAL INC.
a Pennsylvania corporation
By: _________________________
Christopher Alberts
Vice President
By: _________________________
Trudi Lim
Assistant Secretary
Docusign Envelope ID: 564CD7D8-D1B2-421B-8757-91A61D04F59A Docusign Envelope ID: 6DA36F68-771C-4189-8F45-8B89DF043751
EXHIBIT “A”
SCOPE OF SERVICES
The Riverside County Flood Control and Water Conservation District (RCFC&WD) has partnered with the City to provide funding for design and construction of the Project.
The Downtown Drainage Improvements – Phase I project generally consist of approximately 5,100 linear feet of 36-inch reinforced concrete pipe (RCP) and is made up of three separate storm drain lines in the same general vicinity. The general limits of Phase 1 occur along East Grand Blvd. from 7th St. to 3rd St. (1,600 LF), along South Joy Street from 7
th St. to 2nd St. (1,600 LF), and along South Victoria Ave., from 7th St. to 2nd St. (1,900 LF). The City has entered into three separate funding agreements for each segment of storm drain but will be combining the designs of the system due to their geographic proximity.
Work includes trenching, constructing mainline storm drains, laterals, manholes, catch basins, and related infrastructure. It also involves removing curb drains, relocating sidewalks, parkways, utility boxes, and street pavement rehabilitation. The project aims to enhance drainage and create smooth transitions at intersections by eliminating cross gutters and dated drainage infrastructure wherever feasible.
All services provided by Consultant shall be performed by individuals who meet the qualifications, education, and certification/licensing requirements for the position. The Consultant shall also have the resources to provide cost effective and timely services to the City.
A. SCHEDULE OF PERFORMANCE
Consultant shall provide a schedule of anticipated services to meet the scope of work. The schedule shall be submitted with a list of tasks and sub-tasks and reflect the agency review time of Consultant’s work (allow agency review time of 4 weeks for 30% submittal, 3 weeks for 60% submittal, and 2 weeks for 90% and subsequent submittals), internal quality assurance/quality control (QA/QC) and calendar days anticipated to complete each of the identified tasks and sub-tasks. Said schedule shall reflect the design portion of the project to be completed within 40 weeks from the date of issuance of Notice to Proceed. Said schedule shall also reflect the bidding and construction phase of Consultant’s engineering support services that will be the responsibility of the Consultant and provided after Project design phase is completed.
B. THE FOLLOWING PRESENTS THE SCOPE OF SERVICES FOR
Summary of Scope of Services
This Design Scope of Services defines the extent of the Design Consultant’s engineering services needed for the Downtown Drainage Improvements – Phase I project. The Consultant will be required to perform all the studies, environmental review and approvals necessary to finalize the design and prepare the specifications for construction per the Docusign Envelope ID: 564CD7D8-D1B2-421B-8757-91A61D04F59A Docusign Envelope ID: 6DA36F68-771C-4189-8F45-8B89DF043751
current City specification boilers. The Consultant will be required to submit a package for review at 30%, 60%, 90% and Final Design. Each milestone will have minimum requirements of completion to be accepted and reviewed by the City. Each review cycle will require the Consultant to attend comment review meetings with the reviewing parties as well as several as-needed intermediate meetings to resolve questions and conflicts.
Task 1: Project Management
Provide management support to the City in the execution of the Project’s Design Stage and design related issues during the bid, award, and Construction Stage. Attend meetings as requested by the City and coordinate the preparation of supporting materials as required.
Provide status on project design issues/problems. The project status log shall be organized by issue/problem subject matter. Action items shall be in one list. Prepare and maintain a project design schedule as a tool in managing and monitoring project progress. The schedule shall include project tasks, task interrelationships, milestones, and intermediate and final project deliverables in accordance with the City of Corona Guidelines and Standards.
Coordination
Provide coordination and communications between the City Project Management staff and the Design Consultant staff as necessary to keep the entire project team informed of the Project’s progress on key issues and decisions. The Design Consultant shall inform the City of sub-consultant activities and relay any feedback from City staff.
The Design Consultant shall provide coordination and communications between its own Project Management team and individual Task Managers of the various Project elements, activities, and tasks.
The Design Consultant shall also coordinate with all other Engineering & Capital Projects that interface with the Downtown Drainage Improvements – Phase I project.
Project Meetings
The Design Consultant shall prepare meeting agenda and minutes for all meetings and distribute to attendees and others designated by the City’s Project Manager. Ensure that all Project team action items are addressed by the appropriate task managers.
Meetings
The City will conduct a design kick-off meeting and the Design Consultant shall have its Project Manager and Project Engineer attend the meeting. The Design Consultant will present its Project Schedule, proposed alignment, and any questions regarding the Project.
The Design Consultant will lead progress meetings with task managers and/or major subconsultants assisting in performing work.
Project Schedule and Budget Control
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a) Establish and monitor Project scheduling and budget controls. Initiate corrective action when deviations from scheduled task completions and budgets arise. b) Develop separate schedules for individual tasks, monitor continuously, and update to show actual and planned progress.
c) Develop the format of the final monthly progress report in coordination with the City’s Project Manager. The report will be used by the City for briefings that may be required. The report shall be attached to the monthly progress invoice. Report contents include, but are not limited to:
• Schedule Information,
• Percentage of individual task completion,
• Budget Information,
• Problems Encountered,
• Out-of-Scope Authorizations,
• Design Consultant Action Items, and
• City Action Items.
Contract Administration
The Design Consultant shall perform Contract Administration activities i.e. Management of the Downtown Drainage Improvements – Phase I project contract including, but not limited to:
a) Tracking of budget,
b) Preparation of budget status reports,
c) Management of contractual requirements, including insurance of the subconsultants for this Project,
d) Development of invoicing per City requirements,
e) Compilation of subconsultants’ invoices,
f) Preparation of monthly invoice to City, and
g) Establish a filing system to organize all Project-related documentation and correspondence.
Deliverable(s):
Consultant shall provide the following: Project organization and team members and contact information; monthly progress reports to be submitted with monthly invoices; initial project schedule and monthly updates to be submitted with monthly invoices; meeting agendas, meeting minutes, and action items list from scheduled meetings; any other deliverable needed to properly manage the project progress and scope.
Task 2: Topographic Survey and Boundary Control
Consultant shall provide all professional surveying services required for the design of the project. This includes support for the preparation of the final Contract Documents, and handling of survey related issues.
Consultant shall conduct a design survey investigation consisting of aerial topography to prepare base drawings, using 20-scale accuracy with 1-foot intermediate contours and 5- foot index contours. Consultant shall conduct a field survey to locate existing monuments Docusign Envelope ID: 564CD7D8-D1B2-421B-8757-91A61D04F59A Docusign Envelope ID: 6DA36F68-771C-4189-8F45-8B89DF043751
and provide aerial targets. Aerial mapping shall cover all streets within the project site and the street monuments shall be used for control. The mapping shall meet National Map Accuracy Standards and a copy of the map checking must be provided to the satisfaction of the City and RCFC&WCD.
The Surveyor shall confirm locations of utilities and appurtenances along the alignment consisting at a minimum of water valves, water services, fire hydrants, sewer manholes, utility vaults, utility markings, potholes (vertical and horizontal), and other visible facilities.
The Surveyor shall field compare the measured right-of-way distances to record distances to ensure reasonable horizontal control.
Perform field survey for identified potholing locations and determine the elevations of the utilities potholed. Data from this task shall be incorporated in the base map produced as part of digital mapping.
Research and generate a base map of existing right-of-way, abutting boundary and property lines, and centerlines from record drawings. Consultant shall be responsible to perform all research necessary to accurately plot right-of-way and centerlines.
Deliverable(s):
Consultant shall provide the base map, aerial photography, and the topographical mapping to the City electronically via email. Provide original files, smart pdf, and Autocad formats.
Task 3: Utility Coordination
Utility Research
Consultant shall request as-built plans from all utility agencies including SCE, gas, telephone, cable TV, and any other agencies for their utility locations within the project area. All existing utilities information shall be included in the base drawings.
Once the base drawings are completed, Consultant shall submit copies to all utilities for review and comment on the veracity of the location of their facilities.
Consultant shall prepare an exhibit showing the recommended pothole locations.
Consultant/a qualified subconsultant shall perform fifteen (15) potholes (including any traffic control, and City/County permits) or other investigations as necessary for the entire project. Potholing will be a reimbursable subtask based on subcontractor's actual costs plus nominal Consultant's administrative costs. The proposal shall recommend a total 'Not to Exceed' fee for potholing services and the included overhead rate that would be added to the actual costs. Consultant shall coordinate with the City to determine the locations where potholing is required. The purpose of potholing is to identify the horizontal and vertical positioning of existing utilities along the storm drain alignment for each pothole.
Consultant shall prepare a pothole location diagram which will be used to identify the required pothole locations in the field.
Deliverable(s)
.
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Consultant shall provide a final pothole report which includes location, description, photos, exhibits, and
diagrams (hard copy and digital format).
Consultant shall prepare a utility conflict report with exhibits (known utilities near and adjacent to construction area are to be accurately displayed on contract drawings). .
Utility Relocation Coordination
Consultant will take the lead in coordinating with utility companies for the relocation of their facilities, with the assistance of the City. Where possible, utilities will be ordered relocated by the City, and in such cases, Consultant shall review the utility company's relocation plans as needed to ensure that they will be clear of the work necessary for the project. If necessary, the City may request Consultant to prepare utility relocation or protection plans. The cost for such designs will be negotiated on a case-by-case basis.
Deliverable(s)
Review of utility company prepared relocation plans as needed. Assume 20 hours.
Utility Relocation Design Plans & Cost Estimate, if necessary.
Design Development
Task 4: Regulatory Compliance
Consultant shall determine the type of CEQA document (e.g., Negative Declaration, environmental Impact Report, etc.) that is needed and proceed accordingly.
Consultant shall begin the application process to secure all necessary regulatory permits for project impacts to jurisdictional area(s). Such areas include those regulated by the U.S.
Army Corps of Engineers, the Regional Water Quality Control Board and the California Department of Fish and Wildlife under Sections 404 and 401 of the Federal Clean Water Act, the California Porter-Cologne Water Quality Act, and Section 1600 of the California Fish and Wildlife Code.
Consultants design shall comply with the latest Municipal Storm Water Permit (MS4) and all Best Management Practice (BMP) guidelines and pollution elimination requirements as may be established by the Permit.
Deliverable(s):
Consultant shall provide copies of the applications, permits, and correspondence.
Task 5: Geotechnical Investigation
Provide a geotechnical investigation in accordance with City and County design guidelines and standards that addresses the proposed pipeline alignment. The Geotechnical Report shall address all necessary design and construction issues including regional seismicity, seismic parameters, liquefaction, trenching, trench stability and excavation, shoring, backfill, suitability of excavated materials for backfill, pavement section recommendations, soil bearing strength, groundwater conditions and dewatering, pipeline bedding requirements, R-values, moisture content, density, gradation, consolidation, Docusign Envelope ID: 564CD7D8-D1B2-421B-8757-91A61D04F59A Docusign Envelope ID: 6DA36F68-771C-4189-8F45-8B89DF043751
expansion, shear resistance, sand equivalence, soil corrosivity, corrosion protection and control, and/or other criteria as identified and recommended by the geotechnical engineer associated with the project elements. Borings shall be provided at a minimum of 500 feet intervals along the pipeline alignment and to an approximate depth of 15’ below the proposed invert of the excavation.
Analysis and investigation shall also identify the following at a minimum; groundwater presence and level, construction dewatering requirements, pipe bedding requirements, trench shoring requirements, settlement potential, excavation ease of soils, location of rock, backfill suitability, and backfill compaction.
Groundwater quality test and pumping test shall be provided as an optional task and results shall be included in the report if the groundwater is present and the level is within the proposed gravity sewer trench and excavation depth.
• Assume ten (10) test bores for the proposed alignment (at approximately 500-foot intervals) to an approximate depth of 15’ below the proposed invert of the excavation.
Consultant shall also provide a fee for each additional requested.
Deliverable(s)
The consultant shall summarize findings, results and recommendations into a report.
A copy of the draft geotechnical report shall be submitted for review. City comments shall be incorporated and three (3) copies and one (1) electronic copy of the final geotechnical report shall be submitted (wet signed and sealed by a licensed geotechnical engineer).
Task 6: Preliminary Design (30% & 60% Contract Documents) The Consultant shall prepare preliminary contract documents at a 30% and 60% level:
1. Hydrology Study
2. Storm Drain Improvement Plans, including all subsequent plans detail herein
3. Specifications @ 60%
4. Cost Estimate
The following are guidelines from RCFC&WD for the 30% Plans:
Catch Basin Hydrology and Preliminary Design:
Prepare hydrology study for, and preliminary sizing of proposed inlets/catch basins. • The 10 year and 100 year Rational Method hydrology calculations shall be completed, together with street flow capacities to determine proposed inlet/catch basin locations. Catch Basin lengths and locations shall be determined, and compared to design topographic mapping to identify any space constraints. Ponding depths and flow-by rates shall be determined, with flow-by values being added to the next downstream catch basin depending upon street carrying capacity. • Identify preliminary horizontal alignments for connector pipes, including estimated sizes. These horizontal alignments will be used to help identify if/where any potential utility conflicts may exist (for utility coordination), and where junctions with the mainline will be located.
Docusign Envelope ID: 564CD7D8-D1B2-421B-8757-91A61D04F59A Docusign Envelope ID: 6DA36F68-771C-4189-8F45-8B89DF043751
Mainline Alignment and Profile (PE):
• For the preferred alignment, prepare initial engineered horizontal alignment and profile plots for the complete length of the project. Project mainline and lateral alignments shall be plotted on design mapping to scale with offsets to roadway centerline and property lines dimensioned. Profile shall show enough detail to allow an understanding of how the project will accommodate all vertical constraints, major utilities and outlet conditions.
• Prepare and overlay the HGL (pressurized) or Water Surface (non-pressurized) onto the profile. The hydraulics for the Mainline / Laterals should utilize the mainline/lateral flow rates, and the junction locations and estimated sizes determined by the Catch Basin Hydrology and preliminary design. Confirm all boundary condition assumptions (U/S and D/S controlling water surfaces, etc). • The Design Engineer shall determine if right of way (ROW) will be required in order to construct the project. If ROW is required, the Design Engineer shall determine the limits of land required for the project as well as ROW needed for mitigation and downstream impacts. The Design Engineer will also need to identify if the ROW is fee, easement, TCE, etc.
The following are guidelines from RCFC&WD for the 60% Plans:
Connector Pipes & Inlet Design:
• Finalize the geometric and hydraulic design and profiles for Catch Basins, Connector Pipes, and other Inlets based on potholing information and field confirmation of compatibility with existing conditions.
Outlet & Other Detail Design:
• Impacts at outlets are often critical to both R/W and regulatory permitting.
Proposed outlet design will be studied in the field for potential downstream, adjoining property and regulatory permitting impacts along with access considerations. Outlet design will be based upon hydraulic calculations for outlet flow velocities, scour potential and regulatory impacts. Confirm R/W requirements at outlet.
Utility Relocation Plans:
• Based upon plan information and pothole results, utilities that are in conflict should be identified. Preliminary utility relocation designs will be incorporated into the storm drain plans where possible, or the utility company or the Design Engineer will prepare a separate utility relocation plan. If the utility company prepares the relocation design, the plans must be reviewed by the Project Engineer to ensure the utility relocation is clear of the flood control project.
Paving and Traffic Plans:
• The limits for the street improvements need to be determined and shown on the plans. This may require field meetings with City to come to an agreement on what needs to be paved, replaced, fixed, etc. If the City is seeking additional paving, initiate discussions for cost sharing.
Consideration should also be given to the potential for construction traffic Docusign Envelope ID: 564CD7D8-D1B2-421B-8757-91A61D04F59A Docusign Envelope ID: 6DA36F68-771C-4189-8F45-8B89DF043751
to accelerate damage to under-designed roads. The traffic closure plans will also be determined and shown on the plans.
60% Plan Engineering:
• The 30% plans should be adjusted per results of the meeting with City, pothole results, and utility purveyor coordination. Update proposed plan and profile, size of facility, manhole locations, hydraulic data and hydraulic grade lines, existing ground surface, known utility crossings with clearance, stationing invert elevations and length of proposed structure, as needed.
Also, include structures for various laterals, junctions and connectors, but without detailed information (show location and size of structure). Add construction notes and details to the plans that are consistent with standard District pay items. Include title sheet, index map, detail sheets, connector pipe profile sheets, proposed street improvement and traffic control sheets.
Hydrology and Hydraulics Report:
• Complete hydrology and hydraulic calculations for overall project. Compile hydrology and hydraulics report into a complete self-contained package, including narrative, mapping/exhibits, calculations and reference drawings and materials. Hydrology backup material will contain the hydrology work maps and hydrology calculations accompanied by network schematic for hydrology model. The hydraulic analysis section will include WSPG runs for the mainline and laterals, and will contain narrative explaining assumptions and boundary conditions used. Any hand calculations will be included, as well as a narrative explanation of the approach to the project and all assumptions made in the analysis. Information should be organized and labeled such that a third party can easily find the backup to a portion of the project for which they are interested.
Preliminary Cost Estimate
• Prepare bid schedule in standard RCFC&WD format ensuring that each item to be constructed has a bid item in the schedule and is identified in the construction notes and details on the plans.
• Prepare or refine quantity and cost estimates for each bid item. Research appropriate unit costs, such as by using information from the planning unit cost sheets or from recent projects. Include a 10% contingency on top of the estimated construction total.
Task 7: Final Design (90% & 100% Plan)
Consultant shall prepare final contract documents at a 90% and 100% level:
1. Hydrology Study
2. Storm Drain Improvement Plans, including all subsequent plans detail herein
3. Cost Estimate
4. SWPPP
5. Specifications
The following are guidelines from RCFC&WD and the City for the 90% Plans:
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90% Stormwater Pollution Prevention Plan:
• Determine the requirements of the Construction General Permit (CGP) that are applicable to the project. If coverage under the CGP is required, prepare a 90% Stormwater Pollution Prevention Plan (SWPPP) following the most current template Provide a 90% SWPPP for review and comment.
90% Cost Estimate Verification:
• Update the project cost estimates to reflect all project elements and to be consistent with the draft specifications.
90% Plan Engineering:
• The 60% plans should be adjusted per results of the meeting with City and any comments provided by RCFC&WD.
90% Specifications:
• The 60% specifications should be adjusted per results of the meeting with City and any comments provided by RCFC&WD.
The following are guidelines from RCFC&WD and the City for the 100% Plans:
Final Specifications:
• Finalize specifications based on comments from the City and RCFC&WD.
Obtain and include the specification title sheet and all required appendices (such as the Project Sign, Soils Borings, etc.). Double check that bid items match specifications exactly and are reflected on the plans. 100% Cost Estimate Verification:
• Update the project cost estimates to reflect all project elements and to be consistent with the draft specifications.
100% Plan Engineering:
• The 90% plans should be adjusted and finalized per results of the meeting with City and any comments provided by RCFC&WD.
Bid & Award
Consultant shall provide technical support to the City during the bidding and award stage of the construction packages identified in the Scope of Services for the design, bid, and construction of Downtown Drainage Improvements – Phase I project.
The Consultant shall respond to design-related technical questions from potential bidders and suppliers on the Contract Documents. Questions and responses shall be routed through the City’s Purchasing Division. Refer any questions directly from plan holders to the City’s Purchasing Division. Prepare necessary addenda to contract documents and revise the drawings as necessary for the addenda.
If the City elects to create the addenda, the Design Consultant shall assist in preparing the necessary technical addenda to the contract documents. The Design Consultant shall prepare or revise all the drawings required for the addenda.
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Consultant shall attend meetings and coordinate the preparation of materials and attendance by other Consultant team members. Coordination responsibilities shall consist of, but will not necessarily be limited to:
Members to attend one (1) pre-bid meeting and site visit.
Construction
The Consultant shall provide technical support to the Construction Manager (City) during the construction stage of the Project as described in tasks herein.
Construction Meetings
a) Pre-Pre-Construction Meeting
The Design Consultant shall attend the meeting to prepare City staff with key discussion points that will be explained to the contractor in the Pre-Construction meeting.
b) Pre-Construction Meeting
The Design Consultant’s Project Manager and other appropriate design team members shall attend and participate in the pre-construction conference including a project site visit.
c) Construction Progress Meetings
The Design Consultant’s representative(s) will attend all construction progress meetings to assist in the resolution of construction issues, review construction progress, and assist Project Manager as requested.
Contractor Submittal Review
The Consultant shall review the Contractor’s submittals for conformance to the Contract Documents and return it to the City within 7 calendar days from the day when it is received by the Consultant. The Design Consultant will indicate on the submittal, approved, reject/resubmit or approved as noted. The Consultant shall review each submittal for conformance with design intent, materials application, design configuration, and overall compatibility with the facilities intended use. The Consultant will review all submittals.
Requests, including “or equal” submissions, will be reviewed and evaluated by the Consultant. Substitution requests that depart from the basic design concept will be evaluated on the basis of a scope change. The Consultant shall provide a written approval or disapproval for a substitution request.
Request for Information/Clarification
The Consultant shall receive each written request for information or clarification (RFI/RFC) from the contractor, review the request and the appropriate sections/drawings of the technical documents and prepare written response to the contractor.
Change Order Preparation Assistance
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The Design Consultant may be required to assist the Construction Manager in preparing, reviewing, and recommending resolutions to some of the complex proposed construction change orders.
As-Built Drawings
The Consultant shall update the original Contract Documents based on information (RFIs, DCs, COs, Redlines) received from the Contractor through the City and create the As-built drawings. The Design Consultant shall follow City standards for As-built Mylar drawings.
Summary
The City shall rely on Consultant’s expertise for tasks including, but not limited to, preparation and finalization of plans, specifications, and construction estimates for the project. Coordination will be required during the development of the design with other City Departments, agencies, and facility owners which will include securing Right of Entry, Encroachment and Construction Permits. It is anticipated that firms submitting qualifications shall have prior experience in the preparation of Plans, Specification and Estimate (PS&E) for large and complex pipeline projects, constructed per City of Corona Standards.
Special Conditions
The Riverside County Flood Control and Water Conservation District (District) and the City of Corona (City) signed three separate cooperative agreements, designating the City responsible to design and construct three separate storm drain segments, East Grand Boulevard Storm Drain (Project No. 2-6-10032), the South Victoria Avenue Storm Drain (Project No. 2-0-10046), and the South Joy Street Storm Drain (Project No. 2-0-10031).
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EXHIBIT “B”
SCHEDULE OF SERVICES
Consultant shall complete the Services within any reasonable time frames established by City’s Representative within the Term of this Agreement.
The dates provided in the schedule are subject to change pending issuance of the Notice to Proceed and remain at the discretion of the City’s Representative.
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EXHIBIT “C”
COMPENSATION
Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth below:
TOTAL COMPENSATION SHALL NOT EXCEED $764,160.00
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Docusign Envelope ID: 564CD7D8-D1B2-421B-8757-91A61D04F59A Docusign Envelope ID: 6DA36F68-771C-4189-8F45-8B89DF043751
Docusign Envelope ID: 564CD7D8-D1B2-421B-8757-91A61D04F59A Docusign Envelope ID: 6DA36F68-771C-4189-8F45-8B89DF043751
Docusign Envelope ID: 564CD7D8-D1B2-421B-8757-91A61D04F59A Docusign Envelope ID: 6DA36F68-771C-4189-8F45-8B89DF043751
EXHIBIT “D”
FUNDING REQUIREMENTS
Funding for this Project is expected to be provided full or in part pursuant to Riverside County Flood Control & Water Conservation District Cooperative Agreements, 2-6-10032, 2-0-10031, and 2-0-10046 entered into between the City and the Riverside County Flood Control & Water Conservation District. Consultant and all subconsultants shall comply with all applicable federal and state laws, rules, and regulations, including but not limited to the above referenced funding agreements.
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DATE: 08/20/2025
TO: Honorable Mayor and City Council Members
FROM: Public Works Department
2025-336
REQUEST FOR CITY COUNCIL ACTION
SUBJECT:
FIRST AMENDMENT TO THE PROFESSIONAL SERVICE AGREEMENT WITH MARK THOMAS & COMPANY, INC., FOR ADDITIONAL ENGINEERING DESIGN SERVICES
FOR THE ONTARIO AVENUE WIDENING AT LINCOLN AVENUE, CAPITAL IMPROVEMENT PROJECT NO. ST-2021-03
EXECUTIVE SUMMARY:
This staff report asks the City Council to approve the First Amendment to the Professional Services Agreement with Mark Thomas & Company, Inc., for the Ontario Avenue Widening at Lincoln Avenue Capital Improvement Project. Doing so will allow them to continue providing engineering design services for additional work requested by the City, and will increase the total contractual fee by $105,594.
RECOMMENDED ACTION:
That the City Council:
a. Approve the First Amendment to the Professional Services Agreement with Mark Thomas & Company, Inc., increasing the compensation amount by $105,594, and a term extension through April 4, 2028, to continue to provide engineering design services for additional work for the Ontario Avenue Widening at Lincoln Avenue, Capital Improvement Project No. ST-2021-03.
b. Authorize the City Manager, or his designee, to execute the First Amendment to the Professional Services Agreement with Mark Thomas & Company, Inc., to increase the total contractual fee by $105,594 for a total compensation amount of $854,923, and include any non-substantive extensions, change orders, purchase orders, and amendments up to the amount authorized in Corona Municipal Code
3.08.070(I), which is equivalent up to 10% of the revised agreement amount or $85,492.
BACKGROUND & HISTORY:
In 2022, the City of Corona (City) identified Ontario Avenue between Oak Avenue and South Vicentia Avenue as a priority for widening to address its safety and mobility to be consistent with the City’s General Plan. The Ontario Avenue Widening at Lincoln Avenue Project (Project) would improve accessibility, reduce congestion, and provide safer passage for motorists, bicyclists, and pedestrians. Accordingly, the City made a collaborative effort to initiate the Project and began planning improvements to address the shortfalls of the corridor.
On June 21, 2023, the City Council approved a Professional Services Agreement with Mark Thomas & Company, Inc., to provide design and engineering services for the Ontario Avenue Widening at Lincoln Avenue Project, No. 2022-12, in the amount of $749,329. While the agreement itself did not reference a project number, the accompanying staff report cited an old project number, Project No. 2022-12. For clarity, and as a result of the FY 2024 budget process citywide CIP revamp, the correct Capital Improvement Project number is ST-2021-03.
On September 4, 2024, the City Council requested that landscape center medians be considered along Ontario Avenue from Oak Avenue to Lincoln Avenue to increase safety among motorists, bicyclists, and pedestrians. Additionally, the City’s engineering team identified an opportunity to enhance the corridor by extending the resurfacing limits of the pavement along Ontario Avenue from Via Pacifica Avenue to Oak Avenue. Furthermore, after discussions with the property owners, the City’s engineering team agreed to include retaining walls in the design for the properties on the south side of Ontario Avenue directly impacted by the widening. The retaining walls would help address the property owners’ concerns of property frontage grades, safety, and reduce noise levels.
The project is currently in the 60% design phase. To move forward with the right-of-way phase, exhibits for a minor land acquisition and temporary construction easements are being finalized. Once the right-of-way and design phases are completed by Fall 2026, the project is expected to be ready for advertisement.
ANALYSIS:
On March 17, 2025, Mark Thomas & Company, Inc., and staff discussed the additional design services that were to be included in the scope of work for the Ontario Avenue Widening at Lincoln Avenue Project.
On July 18, 2025, after considerable negotiations, the City received the final cost proposal from Mark Thomas & Company, Inc., in the amount of $105,594, for the additional design services requested. These additional design services include the additional resurfacing from Via Pacifica to South Vicentia Avenue along Ontario Avenue; the design of raised median islands along Ontario Avenue from Oak Avenue to South Vicentia Avenue; and the design of retaining walls at the property frontages affected by the Ontario Avenue widening. With the approval of the additional design services, the Project will improve the safety and mobility of motorists, bicyclists, and pedestrians.
A breakdown of the additional work from Mark Thomas & Company, Inc. is provided in the following table:
Description Cost
Additional Supplemental Survey $7,346
60% PS&E Additional Plan Production $48,905
90% PS&E Additional Plan Production $30,713
100% PS&E Additional Plan Production $7,567
Final PS&E Additional Plan Production $3,545
Additional Bidding Phase Support $1,808
Additional Record Drawings $5,710
Total $105,594
Staff recommends proceeding with the approval of the First Amendment to the Professional Services Agreement with Mark Thomas & Company, Inc., per the additional services request.
FINANCIAL IMPACT:
Funding for the recommended actions is available in the Ontario Avenue Widening at Lincoln Avenue, Capital Improvement Project No. ST-2021-03 within the Public Works Grants/Agreement Fund 243. Mark Thomas & Company, Inc.'s original design contract for the project was $749,329. Including the estimated design cost increase of $105,594, the new total compensation amount is $854,923. The revised contingency amount is $85,492 bringing the revised total allocation to $940,415. This revised allocation is expected to cover the additional design services.
ENVIRONMENTAL ANALYSIS:
This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The recommended actions are to amend an existing design agreement and increase funding for the additional services, and there is no possibility that accepting the funding will have a significant impact on the environment. Therefore, no environmental analysis is required.
PREPARED BY: LYNH NGUYEN, PROJECT MANAGER
REVIEWED BY: SAVAT KHAMPHOU, PUBLIC WORKS DIRECTOR
ATTACHMENTS:
1. Exhibit 1 – First Amendment Professional Services Agreement
2. Exhibit 2 – Additional Services Request No. 01
3. Exhibit 3 – Cost Detail – Additional Services Request No. 01
CA\DD\02000.50105\10005846.1 (CITY ATTY: 01-14)
FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF CORONA
AND
MARK THOMAS & COMPANY, INC.
(DESIGN SERVICES – ONTARIO AVENUE WIDENING AT LINCOLN AVENUE RFP NO. 23-033CA)
1. PARTIES AND DATE.
This First Amendment to the Professional Services Agreement (“First Amendment”) is made and entered into this _____ day of _____________, 2025 by and between the City of Corona (“City”) and Mark Thomas & Company, Inc., a California corporation (“Consultant”).
City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this First Amendment.
2. RECITALS.
2.1 Agreement. City and Consultant entered into that certain Professional Services Agreement dated June 21, 2023 (“Agreement”), whereby Consultant agreed to provide civil design services.
2.2 Amendment. City and Consultant desire to amend the Agreement for the first time to (1) revise the scope of services; (2) extend the Term of the Agreement through April 4, 2028; (3) increase the Compensation amount by $105,594 to $854,923 to account for the added services; and (4) replace three exhibits.
3. TERMS.
3.1 Term. Section 3.1.2 (Term) of the Agreement is hereby deleted in its entirety and replaced with the following:
“3.1.2 Term. The term of this Agreement shall be from
June 21, 2023 to April 4, 2028 (“Term”), unless earlier terminated as provided herein. Consultant shall complete the Services within the Term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the Term of this Agreement one or more times by executing a written amendment pursuant to Section 3.6.8 below (each a “Renewal Term”). The terms “Term” and “Renewal
Term” may sometimes be generally and collectively referred to as “Term” in this Agreement.”
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3.2 Rates & Total Compensation. Section 3.3.1 (Rates & Total Compensation) and Exhibit “C” (Compensation) of the Agreement, are hereby deleted in their entirety and replaced with the following:
“3.3.1 Rates & Total Compensation. Consultant shall
receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C-1” attached hereto and incorporated herein by reference. The total compensation, including authorized reimbursements, shall not exceed Eight Hundred Fifty-four Thousand, Nine Hundred Twenty-three Dollars ($854,923.00) (“Total Compensation”), without written approval of City’s Representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”
3.3 Exhibit “A-1” (Scope of Services). Exhibit “A” (Scope of Services) of the Agreement, is hereby deleted in its entirety and replaced with Exhibit “A-1” (Scope of Services) attached hereto and incorporated herein by reference.
3.4 Exhibit “B-1” (Schedule of Services). Exhibit “B” (Schedule of Services) of the Agreement, is hereby deleted in its entirety and replaced with Exhibit “B-1” (Schedule of Services) attached hereto and incorporated herein by reference.
3.5 Continuing Effect of Agreement. Except as amended by this First Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect.
From and after the date of this First Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this First Amendment.
3.6 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this First Amendment.
3.7 Counterparts. This First Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
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CA\DD\02000.50105\10005846.1 3 (CITY ATTY: 01-14)
CITY’S SIGNATURE PAGE
FOR
FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF CORONA
AND MARK THOMAS & COMPANY, INC.
(DESIGN SERVICES – ONTARIO AVENUE WIDENING AT LINCOLN AVENUE RFP NO. 23-033CA)
IN WITNESS WHEREOF, the Parties have entered into this First Amendment to Professional Services Agreement as of the date noted on the first page of the Amendment.
CITY OF CORONA
By: _________________________
Savat Khamphou
Public Works Director
Reviewed By: _________________________
Javier Luna, P.E.
CIP Manager/Assistant City Engineer
Reviewed By: _________________________
Lynh Nguyen
Project Manager
Reviewed By: _________________________
Yasmin Lopez
Purchasing Manager
Attest:
_________________________
Sylvia Edwards
City Clerk, City of Corona, California
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CONSULTANT’S SIGNATURE PAGE
FOR
FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF CORONA
AND MARK THOMAS & COMPANY, INC.
(DESIGN SERVICES – ONTARIO AVENUE WIDENING AT LINCOLN AVENUE RFP NO. 23-033CA)
IN WITNESS WHEREOF, the Parties have entered into this First Amendment to Professional Services Agreement as of the date noted on the first page of the Amendment.
MARK THOMAS & COMPANY, INC.
a California corporation
By: _________________________
Zachary Siviglia
CEO
By: _________________________
Robert M. Brogan
Secretary
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EXHIBIT "A-1"
SCOPE OF SERVICES
Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional design services necessary for the Project. The Services are more particularly described herein.
1.0 PROJECT ADMINISTRATION
1.1 Project Schedule, Status Reports, Invoices & Administration • Prepare a project design and estimated bidding/construction schedule in MS Project. Update schedule monthly.
• Prepare and submit with invoice monthly status reports providing an overview of progress made during the month and tasks to be accomplished during the following month.
• Submit invoices which follow the task items provided in the hours/fee table provided with the proposal and/or used as a basis for the contract. Provide a brief narrative by task of the work performed during the billing cycle and copies of invoices for direct expenses.
1.2 Engineering Phase Meetings
• Kickoff Meeting
• Project/progress meetings, monthly, assume up to twelve (12) meetings • 30% /Preliminary Plan and Estimate Review Workshop
• 60% PS&E Submittal Review
• 90% PS&E Submittal Review
• 100% PS&E Submittal Review
1.3 Public Outreach Support & Meetings
• 30% / Preliminary Plan Review Workshop
• 60% PS&E Submittal Review Workshop
• 90% PS&E Submittal Review Workshop
• 100% PS&E Submittal Review Workshop
At City’s request prior to each public outreach meeting, the Consultant will survey the right of way ‘show-me-stakes’ at the job site along private property frontage for stakeholders to visualize the existing right of way versus the new grading/wall/driveway/permit to enter limits.
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Additional meetings may be required at City’s discretion if more than two months elapse between submittal reviews listed above. At City’s discretion, meetings may be held remotely to accommodate COVID-19 safety recommendations or as a matter of convenience.
TASK 1 DELIVERABLES:
• Meeting Agendas & Minutes (electronic)
• Monthly Status Reports (electronic)
• Monthly Updated Project Schedules (electronic)
• Monthly Invoices (electronic)
• Public Outreach & Support Meetings
• Show Me Stakes (3) mobilization(s) for 30%, 60% and 90%, as needed
2.0 RESEARCH EXISTING CONDITIONS
2.1 Site Reconnaissance
Conduct a site reconnaissance of the affected streets, existing improvements, and surrounding areas.
2.2 Record Drawing Review
Review existing record drawings to become familiar with on-site infrastructure and structures.
2.3 Research
Perform research of records including record drawings, and other agency records as necessary to secure information required to identify, locate, and accurately layout all existing utilities and improvements, within project limits that may interfere with proposed improvements.
Information to be researched will be, as a minimum, the following:
• Perform field investigation and measurement to assess existing site conditions.
2.4 Surveying
Perform a topographic survey along the alignment of the new improvements to include the following:
• Provide topographic survey using City standard North American Datum 1983 US Feet State Plan VI from street right-of-way to right-of-way limits and to curb returns at intersecting streets along alignment.
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• Provide one (1)-foot contours based on City of Corona vertical datum (NGVD 29).
• Provide spot elevations at critical locations along the alignment to verify vertical control, check existing utilities, such as sewer manholes and storm drain junction structures, and determine curb & gutter elevations necessary to design pavement and drainage improvements.
• Survey flow-line elevations of existing underground sewer, water, and storm drain utilities crossing any proposed pipeline improvements. • Provide spot elevations at all locations where existing utilities are potholed. • Show surface features and visible indications of existing utilities based on NAD 83 horizontal control to include curbs and gutters, sidewalks, existing structures and other elements relevant to prepare a comprehensive topographic map suitable for roadway design and construction. • Establish street centerlines, right-of-way lines (along construction impact areas, as needed), and easements from available record information. • Provide the basis-of-bearing and benchmark information used for the survey and necessary for construction.
• Perform a site topographic survey to the extent necessary for design and construction.
2.5 Utility Coordination
2.5.1 Utility ‘A’ Letters – Mapping Requests
• The Utility “A” Letters (record request forms) will be sent to each utility owner on City letterhead to request as-built mapping of their facilities as previously discussed in Task 2.3.
2.5.2 Existing Utility Mapping
• Maps showing the existing utilizes and the proposed improvements will be prepared for City review.
2.5.3 Utility Potholing (14)
• Pothole any and all existing utilities to verify depth and location.
Measure and identify in the potholing report the depth of pavement and base material at each location potholed. Provide all required traffic control and surface repair necessary for potholing work. • The Consultant assumes fourteen (14) potholes / utility positive identifications for the project scope.
2.5.4 Utility Conflict Mapping
• Perform and provide probable conflicts and relocation mapping that will be required for water utilities, sewer utilities, reclaimed water utilities, storm drains, and any external agency relocations that are required.
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2.5.5 Utility ‘B’ Letters – Claim/Liability Determination • Based on the Consultant’s preliminary research, all utilities within the existing right of way appear to be in by franchise agreement and utility agreements are assumed to be not necessary as compensation from the City to utility owner except for interagency purchase order transactions covering new installations of waterline (if needed), sewer laterals, reclaimed water, manhole and valve cover adjustments. • Should the need arise to provide a claim letter to determine prior rights and relocation liability: the Consultant will provide one (1) set of Utility ‘B’ Letters (Claim Letters) to said owners on City letterhead depicting the conflict with the utility and/or appurtenances requesting prior rights documentation. the Consultant has excluded any additional utility coordination, negotiations and/or record research not already covered under Tasks 2.3 and 2.4and noted in the above sections.
TASK 2 DELIVERABLES:
• Log of Record Drawings
• Site Visits and field measurements (depicted on engineering plans, if needed) • Aerial topography and imaging
• Supplemental design survey and utility dips
• Existing centerline and right of way boundaries along construction impact areas, as needed
• Basis-of-bearing and benchmark information
• Utility ‘A’ Letters
• Utility Mapping
• Utility Potholing, up to fourteen (14) potholes
• Utility Conflict Mapping
• Utility ‘B’ Letters
3.0 ENVIRONMENTAL
3.1 Project Description
In addition to the physical improvements needed for the project the Consultant will also need to prepare the general plan amendment text and map revision(s) to reflect the change. This scope includes drafting of the changes to the General Plan needed to support the proposed project. The Consultant will prepare the change in track-change or graphic representation to clearly show the public and the decision makers the change. The remainder of project description will rely on engineering details taken from the larger project design.
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3.2 Environmental Technical Studies
Air Quality and GHG Study
PlaceWorks (sub-consultant) will prepare an air quality and greenhouse gas (GHG) emissions analysis to evaluate impacts of the proposed roadway widening project. The analysis will be prepared in accordance with the current methodology of the South Coast Air Quality Management District (SCAQMD) for projects in the South Coast Air Basin (SoCAB). Emissions will be quantified using the latest version of SCAQMD’s California Emissions Estimator Model (CalEEMod). The results of the analysis will be summarized in the IS and modeling included as an appendix.
Construction and Operation Phases. The air quality and GHG emissions technical analysis will provide an estimate of the increase in short-term criteria air pollutant and GHG emissions generated from construction of the proposed project. Construction phase regional emissions will be based on the construction schedule, including duration for each construction subphase, anticipated equipment for each construction subphase, and estimated soil haul volumes (if applicable), as provided. Where information is unavailable, CalEEMod defaults will be utilized, as appropriate. The calculated project-related construction emissions will be compared to the SCAQMD regional significance thresholds for construction. Localized air pollution impacts from construction equipment exhaust and fugitive dust will also be compared to SCAQMD’s screening-level construction LSTs. If necessary, mitigation measures will be recommended to reduce impacts. Due to the linear nature of the project and the anticipated short duration for construction, a health risk analysis is not proposed. Because the proposed project would not generate new vehicle trips and would be accommodating existing vehicle trips already generated by surrounding land uses, operational impacts will be described qualitatively.
Other Areas of Impact. The SoCAB is currently designated nonattainment under the National and/or California ambient air quality standards (AAQS) for ozone (O3), fine inhalable particulate matter (PM2.5), and coarse inhalable particulate matter (PM10). To address this, the SCAQMD has adopted the 2016 Air Quality Management Plan (AQMP). The AQMP is prepared to ensure the SoCAB can attain the long-term National and California AAQS. The air quality analysis will include a consistency evaluation of the project’s regional emissions to SCAQMD’s AQMP. Furthermore, the SoCAB has been designated in attainment for carbon monoxide (CO) under both the California and National AAQS. Therefore, the air quality analysis will include only a qualitative assessment of CO hotspots. In addition, the initial study will also include a qualitative assessment of potential odor generation to describe potential odor impacts.
Project Consistency with Plans Adopted to Reduce GHG Emissions. The GHG section will discuss the GHG reduction goals of Senate Bill 32 (SB 32), SB 375, and Assembly Bill 1279 (AB 1279). To achieve the GHG reduction targets of SB 32, the California Air Resources Board (CARB) updated its Scoping Plan in 2022. In addition, the Southern California Association of Docusign Envelope ID: A24365C0-3F99-4170-8D11-C91BEF598D8E Docusign Envelope ID: E84300FD-307F-497B-8C43-20CBCD6CD450
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Governments (SCAG) has adopted a regional transportation plan/sustainable communities strategy (2020-2045 RTP/SCS) to ensure that the southern California region can attain the regional transportation-related GHG reduction goals of SB 375. Project consistency with these statewide and regional GHG emissions reduction strategies will be reviewed.
Biological Resources Study
The Project site is located within the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) planning area. To determine whether sensitive biological resources are present on the Project site, a reconnaissance-level survey will be performed.
Prior to conducting the survey, a literature search will be conducted using public databases including California Department of Fish and Game’s (CDFW’s) California Natural Diversity Data Base (CNDDB), California Native Plant Society’s Electronic Rare Plant Inventory, range maps for special-status species, City of Corona’s Urban Forest Management Plan, and other documentation pertinent to the region. The search will identify the approximate locations of known or expected sensitive biological resources and habitats located within or near the Project site.
Once the literature search and analysis has been completed, ECORP (sub-consultant) will perform a field survey of the Project site. Although the Project site appears to be mostly developed there may be a potential biological issue associated with urban areas, such as nesting birds in ornamental trees. The field visit will consist of a brief site walkover to assess trees and biological resources that are present. Biological resources that are known to or potentially occur on the Project site will be searched for during the survey. Habitats and vegetation communities will be mapped. Representative photographs will be taken to document the site’s conditions at the time of the survey. A full list of plant and wildlife species will be recorded during the survey. If any sensitive biological resources are found within the Project site, its location will be recorded, and the resource will be discussed in the Biological Technical Report.
The Project site is subject to the requirements of the MSHCP; therefore, at a minimum, habitat assessments for riparian/riverine, vernal pool, and fairy shrimp (MSHCP Section 6.1.2), narrow endemic plant species (MSHCP Section 6.1.3), burrowing owl (MSHCP Section 6.3.2, and the urban/wildlands interface (MSHCP Section 6.1.4) would be required for compliance under the MSHCP. As a cost-saving measure, the biological reconnaissance survey and habitat assessments for the MSHCP resources, including burrowing owl, will be conducted concurrently. The burrowing owl habitat assessment will include a focused burrow survey which is considered Part A of the MSHCP focused protocol burrowing owl survey requirement.
The survey will consist of walking the entire site to identify suitable burrowing owl habitat and any suitable burrowing owl burrows. If burrowing owl habitat is present, an additional 500- foot buffer around the Project site will also be walked, if permissible. Where access is not permissible, the area will be visually inspected using binoculars and/or spotting scopes. The biological reconnaissance survey and burrowing owl habitat assessment will be conducted according to the protocols required by the MSHCP.
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A Biological Technical Report will be prepared to document the methods and results of the literature search and biological reconnaissance survey. The report will include a summary of the biological setting of the Project site, a Project description, discussion of survey methods and results, a description of potential sensitive species occurring on the Project site, a brief discussion of the regulatory setting, and potential biological constraints to the proposed development. Lists of wildlife and plant species observed during the surveys will be included as an appendix. The report will conform to the information needs under the California Environmental Quality Act (CEQA). If necessary, recommendations for further work, including focused surveys for sensitive species or an aquatic resources delineation, will be discussed in the report. This scope of work does not include costs for focused (protocol-level) surveys or coordination with the regulatory agencies. If those services are determined to be necessary, the cost estimate for those services will be submitted under a separate cover. ECORP (subconsultant) will submit one electronic copy of the draft Biological Technical Report. After receiving one round of compiled comments, a final version of the report will be submitted electronically.
Noise Study
The evaluation of noise impacts associated with the Project will be completed by experienced staff members who are noise experts. The applicable noise criteria for the Project area will be reviewed and discussed as these standards will be the basis for the Project impact determination and whether mitigation is necessary. The analysis will be presented in a technical report and be supported by modeling documentation, which would be included as an attachment to the technical report.
Substantial construction noise would occur during implementation of the Proposed Project, potentially affecting the sensitive residential receptors in the area. Noise impacts from construction sources will be analyzed using the Federal Transit Administration Roadway Construction Noise Model and based on the anticipated equipment to be used. The construction noise impacts will be evaluated in terms of hourly equivalent continuous noise levels (Leq) and the frequency of occurrence at vicinity receptors. In addition to construction noise, an analysis of construction-related vibration impacts will be based on current California Department of Transportation criteria.
The Proposed Project would not be a permanent source of stationary source noise. While, the Project would not directly generate vehicle trips, a substantial source of noise in Corona, the proposed traffic facility improvements could change traffic patterns in Corona in a manner that increases traffic noise along Ontario Avenue above existing conditions. According to the 2013 Caltrans Technical Noise Supplement to the Traffic Noise Analysis Protocol, doubling of traffic on a roadway is required to increase noise to a perceptible level for humans. Potential noise impacts from vehicular traffic will be assessed based on the transportation analysis prepared for the Project.
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Cultural
ECORP (sub-consultant) will conduct a cultural resources inventory of the proposed Project Area along West Ontario Avenue between Oak Avenue and South Vicenta Avenue, and South Lincoln Avenue from West Ontario Avenue to Othello Lane. The cultural resources inventory will be conducted under the direct supervision of a Registered Professional Archaeologist who meets the Secretary of the Interior’s Professional Qualifications Standards for prehistoric and historic archaeology. This study will be conducted pursuant to compliance with the California Environmental Quality Act (CEQA) and Section 106 of the National Historic Preservation Act.
The scope of work for the cultural resources inventory includes a records search of the California Historical Resources Information System (CHRIS) and literature review for the Project Area. ECORP (sub-consultant) will request a records search of the CHRIS from the Eastern Information Center (EIC). The CHRIS records search will identify the locations and extent of previous surveys conducted within 0.25 mile of the Project Area and will determine if there are any known cultural resources (i.e., pre-contact [prehistoric] or historic archaeological sites or historic-period features) located within or near the Project Area. In addition, the records search will identify resources listed on or determined eligible for listing on the National Register of Historic Places (NRHP) and/or the California Register of Historical Resources (CRHR) located within or near the Project Area. Note: the EIC response time is a minimum of 90 days.
ECORP (sub-consultant) will also request a search of the Sacred Lands File from the NAHC. The Sacred Lands File search will identify any known sensitive or sacred Native American resources located within or near the Project Area. It should be noted that the Sacred Lands File search will not constitute consultation in compliance with Senate Bill (SB) 18, Assembly Bill (AB) 52, or Section 106 of the National Historic Preservation Act (NHPA). SB 18, AB 52, and Section 106 consultation are separate processes from cultural resources technical studies and are not included in this scope of work.
ECORP (sub-consultant) will complete an intensive field survey of the Project Area using pedestrian transect intervals spaced 10 to 15 meters apart, where possible. An ECORP archaeologist will closely examine the Project Area for surface evidence of cultural materials, including pre-contact and historic-period (i.e., over 50 years of age) cultural deposits and features. If any resources are identified in the Project Area, they will be recorded and mapped in detail in accordance with the standards of the California Office of Historic Preservation (OHP).
Based on preliminary research, ECORP (sub-consultant) noted that all the primary roadways within the Project Area (West Ontario Avenue, Lincoln Avenue, Oak Avenue, and Buena Vista Avenue) are more than 50 years old as are the nine structures in the southeast corner of West Ontario Avenue and Lincoln Avenue. The City requested that only one structure directly at that intersection be evaluated for the NRHP and CRHR. Pursuant to compliance with CEQA and Section 106, a qualified ECORP (sub-consultant) architectural historian will record and Docusign Envelope ID: A24365C0-3F99-4170-8D11-C91BEF598D8E Docusign Envelope ID: E84300FD-307F-497B-8C43-20CBCD6CD450
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evaluate this residential structure and all the roadways. The evaluation will include an architectural review of the residential structure. We assume there are no other resources within the Project Area.
ECORP (sub-consultant) will prepare a cultural resources inventory and evaluation report that documents the methods and results of the CHRIS records search, Sacred Lands File search, field survey, and evaluation of the one residential structure and the roadways. The report will also present recommendations for further work, if needed.
3.3 Administrative Draft CEQA Addendum
PlaceWorks (sub-consultant) will prepare an Initial Study (IS) and addendum using the City’s template that will include a discussion of the proposed project and detailed analysis of the following environmental areas:
Aesthetics
Agriculture and Forestry Resources
Air Quality
Biological Resources
Cultural Resources
Energy
Geology and Soils
Greenhouse Gas Emissions
Hazards and Hazardous Materials
Hydrology/Water Quality
Land Use and Planning*
Mineral Resources*
Noise
Population and Housing*
Public Services*
Recreation*
Transportation and Traffic
Tribal Cultural Resources
Utilities and Service Systems *
Wildfire*
The issues identified with an asterisk (*) will be scoped out of the initial study in the introductory text as unnecessary because of the type of project. The initial study will include detailed explanations of the remaining checklist determinations and discussions of potential environmental impacts. The analysis will be prepared in accordance with Sections 15063, 15070, and 15072 of the CEQA Guidelines.
A discussion of the existing environmental baseline conditions will be provided for each issue area. The IS will identify and evaluate: (1) potentially significant impacts; (2) potentially significant impacts unless mitigated; (3) less than significant impacts; and (4) issues resulting in no impacts. The IS will consider relevant direct, indirect, and cumulative impacts. Findings will be clearly substantiated for each checklist question to explain the basis for the environmental determination.
Except for the project-specific technical analyses, the analysis in the initial study will be based on available literature, including but not limited to the City’s General Plan EIR and Municipal Code; previously completed environmental documents; consultation with local public service and utility providers.
Docusign Envelope ID: A24365C0-3F99-4170-8D11-C91BEF598D8E Docusign Envelope ID: E84300FD-307F-497B-8C43-20CBCD6CD450
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3.4 Final CEQA Addendum
Following City comment on the administrative initial study and addendum, PlaceWorks (subconsultant) will prepare a final version for attachment to the staff report for the Commission and Council for the general plan amendment. PlaceWorks (sub-consultant) can also help with the wording for the staff report for environmental compliance. In this context the Addendum is essentially a summary of the technical studies and initial study and is used to support the recommendation in the staff report for environmental compliance. This scope assumes that all documents are electronic and there are no printing costs. PlaceWorks(sub-consultant) will provide both Word files and PDF suitable for posting on the City’s website.
Notice of Determination
PlaceWorks (sub-consultant) will prepare a Notice of Determination (NOD) for the project, based on the findings of the Initial Study/Mitigated Negative Declaration. PlaceWorks (subconsultant) assumes the City will file the NOD with the County Clerk within 5 days of project approval and adoption of the MND and pay all filing fees.
3.5 Traffic Studies
3.5.1 Traffic Counts
Fehr & Peers (sub-consultant) will utilize RIVCOM to develop peak hour forecasts at the following intersections:
1. Oak Avenue & Ontario Avenue
2. Lincoln Avenue & Ontario Avenue
3. Ontario Avenue & Buena Vista Avenue
4. Ontario Avenue & South Vicentia Avenue
5. Lincoln Avenue & Othello Lane
6. Ontario Avenue & Glen Haven Drive
The Consultant will collect traffic volume data during fair weather, while school is in session, and during a typical (non-holiday) Tuesday, Wednesday, or Thursday.
Intersection peak period data will be collected during typical commute periods (7:00- 9:00 AM, 4:00-6:00 PM). Bicycle and pedestrian peak hour counts will be collected at up to two key intersections.
3.5.2 Intersection Traffic Volume Forecasting
Forecasts will be prepared by applying the Difference Method, which adds traffic growth from RIVCOM base to future year models to existing counts, consistent with National Cooperative Highway Research Program (NCHRP) Report 765.
Docusign Envelope ID: A24365C0-3F99-4170-8D11-C91BEF598D8E Docusign Envelope ID: E84300FD-307F-497B-8C43-20CBCD6CD450
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3.5.3 Intersection Lane Geometrics
Fehr & Peers (sub-consultant) will utilize the future forecasts developed to recommend lane configurations at each study intersection. We will utilize Synchro Software to perform average delay estimates and verify that proposed Level of Service (LOS) at future conditions will meet minimum City standards, consistent with the City’s General Plan LOS policy.
3.5.4 VMT Forecasting
Fehr & Peers (sub-consultant) will utilize forecasting from the City’s General Plan EIR modeling and new forecasts from Riverside County’s travel demand forecasting model (RIVCOM) to estimate VMT with and without the project and determine if the project results in an increase in VMT in the study area. This analysis assumes the following scenarios, consistent with the City’s TIA Guidelines:
• Baseline Conditions No Project
• Baseline Conditions With Project
• Future Conditions No Project
• Future Conditions With Project
Fehr & Peers (sub-consultant) will apply VMT reductions associated with project features (such as bike lanes and sidewalk) to the “with project” VMT forecasts.
3.5.5 Mitigation
Fehr & Peers (sub-consultant) will work with the City on the available toolbox of feasible mitigation measures, such as road diets, bike lanes or Transportation Demand Management (TDM) measures. We will recommend the most cost-effective strategies for the project and quantify the VMT reduction potential consistent with the procedures in the California Air Pollution Control Officers Association’s (CAPCOA) Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity (GHG Handbook). Mitigation will be recommended to bring the project’s impact to a less-than-significant level.
TASK 3 DELIVERABLES:
• Project Description
• Environmental Technical Studies (noted in the previous section) • Administrative and Final CEQA Addendum
• Intersection Traffic Counts
• Intersection Lane Geometrics
Docusign Envelope ID: A24365C0-3F99-4170-8D11-C91BEF598D8E Docusign Envelope ID: E84300FD-307F-497B-8C43-20CBCD6CD450
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• VMT Forecasting Memorandum
• VMT Mitigation Recommendations (if needed)
4.0 PRELIMINARY DESIGN AND MEMORANDUM / ENGINEERING
STUDIES
4.1.1 30% Plans
Develop a preliminary design of the project site to review with City staff, to be submitted as a 11-inch x 17-inch plan set (half-size), on paper and electronic (full-size and half-size). The Preliminary design will include, but is not limited to the following:
• Existing utilities
• Existing pavement, curb, gutter, sidewalks, driveways, access ramps, structures, landscaping, and site conditions in both the public right of way and the public properties that will be directly affected by the improvements • Permitting requirements
• Traffic impacts
• Requirements and assessments for temporary easements and permanent structure removals, if necessary
• Proposed civil, drainage, electrical, structural, and utility improvements (if known) and typical cross sections
• Renderings of the proposed improvements within the public right of way and renderings of the proposed improvements within the private properties directly affected by the improvements (8 parcels located on the south side of Ontario Avenue between Lincoln Avenue and Conejo Street and 1 existing parcel located on the east side of Lincoln Avenue between Othello Lane and Ontario Avenue).
City will return 30% plans with comments pertaining to required improvements for the project.
4.1.2 Preliminary Design Memorandum
Prepare a memorandum either recapitulating or recommending modifications to the design criteria above based on Design Engineer’s best judgment. The preliminary design memorandum needs to be concise.
As appendices to the preliminary design memorandum, prepare the following:
1. Recommended specifications for the following topics:
Summary of Work and Sequence of Construction.
2. Specification Outline: Consultant is to prepare specifications based on the Greenbook Standard Plans and Specifications and Docusign Envelope ID: A24365C0-3F99-4170-8D11-C91BEF598D8E Docusign Envelope ID: E84300FD-307F-497B-8C43-20CBCD6CD450
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the City of Corona Standard Plans. Technical Specification templates will be furnished to Design Engineer for editing based on specification outline and cost opinion provided.
3. Include Engineer’s opinion of probable construction cost
4.2 Geotechnical Analysis
4.2.1 Pre-field and Field Activities
1. Mark the core and hand auger boring locations and notify Underground Surface Alert of Southern California to mark any subsurface utility locations near our proposed excavation locations.
2. Photograph and document pavement conditions along the roadways.
3. Prepare no fee city of Corona encroachment permit for the work.
4. Provide traffic control during coring work. Geocon (sub-consultant) has budgeted one (1) day of traffic control signage to perform the coring within the multi-lane roadways.
5. Hire a drilling subcontractor to excavate, sample, and log ten (10) pavement cores within the existing pavements, at approximate intervals of 500 linear feet with adjustments made for different pavement surfaces, distress and lane conditions. Excavations will be logged in accordance with USCS criteria and samples will be collected for laboratory testing.
Excavations will be backfilled with native soils and capped with asphalt cold patch. Geocon (sub-consultant) has budgeted one (1) day for our work.
6. Excavate one (1) or two (2) hand auger borings in the location of the proposed retaining walls to collect soil samples for laboratory testing and document soil conditions. The boring(s) are expected to be 3 to 4 feet deep and will be backfilled with clean sand with the surface restored to pre-boring conditions upon completion. Geocon (sub-consultant) has budgeted one half day for this work.
4.2.2 Materials Testing / Soils Testing
Perform laboratory testing which is anticipated to include maximum density/optimum moisture, in situ moisture and density of subgrade, R-value, maximum density/optimum moisture, and direct shear. The final laboratory test program will depend on the soil conditions encountered during the investigations.
4.2.3 Prepare Draft Geotechnical Memo
Prepare a geotechnical pavement investigation memorandum which will include a discussion of the pavement, aggregate base, and subgrade Docusign Envelope ID: A24365C0-3F99-4170-8D11-C91BEF598D8E Docusign Envelope ID: E84300FD-307F-497B-8C43-20CBCD6CD450
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conditions encountered, soil conditions where retaining walls are proposed, laboratory test results, core and boring location map and logs, and provide pavement section recommendations for new roadway areas, recommendations for rehabilitation (if appropriate) and repaving options, and geotechnical parameters for retaining wall design.
4.3 Preliminary Drainage Report
The Consultant will prepare the proper Hydrology and Hydraulic Report for the City of Corona. The reports will include both offsite and onsite hydrologic calculations to recommend any drainage improvements needed as a result of the proposed roadway.
Calculations and concise recommendations will conform to the Riverside County Hydrology and Sedimentation Manual, and City’s Storm Drain Design Manual, if applicable. The onsite hydraulic computations will be based on City and County Standards.
4.4 Preliminary Water Quality Report
Based on preliminary research, The Consultant has determined that the project’s construction activities are calculated at or just below the less than one acre disturbance of land surface threshold that require a General Permit. The Consultant will prepare initial land surface disturbance calculations for water quality and permitting requirements for the project to determine the approach relative to a Water Quality Management Plan and BMPs associated with the project. Should the project require offsite Water Quality mitigation as a requirement from the Regional Water Quality Control Board, The Consultant will develop additional scope under an additional scope of work request.
4.5 Traffic Technical Memorandum
Fehr & Peers (sub-consultant) will summarize traffic findings into a technical memorandum for inclusion in the Preliminary Design and Memorandum.
TASK 4 DELIVERABLES:
• Design Standard Memo
• Geotechnical Recommendations
• Preliminary Drainage Report
• Preliminary Water Quality Report
• Traffic Technical Memorandum
• 30%/Preliminary Plans and Estimate Submittal
• Engineer’s Opinion of Probable Construction Cost for each phase • One (1) electronic Plan set in PDF format (linework only) • One (1) hard copy Construction Plan set on 11” x 17” sheets Docusign Envelope ID: A24365C0-3F99-4170-8D11-C91BEF598D8E Docusign Envelope ID: E84300FD-307F-497B-8C43-20CBCD6CD450
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• Renderings of the proposed improvements within the public right of way and within the private properties affected by these improvements located on the south side of Ontario Avenue between Lincoln Avenue and Conejo Street.
5.0 FINAL ENGINEERING AND PREPARATION OF CONSTRUCTION
CONTRACT DOCUMENTS
5.1 60% PS&E
Final Engineering Documents prepared by the Consultant shall include all engineering services required by the City to carry out the concepts agreed upon by the City in the Preliminary Design Memoranda letters.
All plans shall be drawn to scale. Plans shall be plotted 1” = 40’ with 1” = 4’ vertical.
Plan views shall include north arrows. Plan sheets shall include:
A. Contract Document Drawings/General Sheets Including:
• Title Sheet
• Vicinity and location map, drawing index, legend, telephone numbers, symbols, and abbreviations
• All improvements shall conform to City Standards. The Engineer may reference standard details where applicable but shall also incorporate those details into the plans. Plans shall include all the pertinent information necessary for the construction of the improvements such as property lines, City right-of-way, home address etc...
B. Civil Improvement Sheets including:
• Typical Cross Section Plans and Detail Plans
• Roadway Layout and Profile Plans
• Improvements on the roadway, curb and gutters, sidewalks, driveway approaches, median islands, streetlights, catch basins, and ADA curb ramps as required
• Improvements to private property driveways, slopes, and/or walls C. Drainage Sheets including:
• Cross Section Plans and Detail Plans, if necessary
• Improvements for drainage pipes and catch basins
Docusign Envelope ID: A24365C0-3F99-4170-8D11-C91BEF598D8E Docusign Envelope ID: E84300FD-307F-497B-8C43-20CBCD6CD450
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D. Utility Plan Sheets including:
• Waterline Layout and Profile Plans
• Improvements for reclaimed water pipelines and appurtenances, sewer laterals
• Probable relocations that will be required for water utilities, sewer utilities, reclaimed water utilities, storm drains, and any external agency relocations that are required. This scope of work item, staff hours, and initial deliverable is coved under Task 2.5.4.
E. Traffic Sheets, Control & Project Phasing Plans Including:
• Traffic Signal Design Plans including Electrical Service Point and utility locations
• Traffic Signal Modification Plans
• Signing and Striping Plans
• Traffic Control Plans
• Project Phasing Plans
F. Landscaping Improvement Sheets Including:
• Parkway Landscaping
• Median Islands Landscaping
• Private Property Landscaping
G. Irrigation Improvement Sheets Including:
• Parkway Irrigation
• Median Island Irrigation
• Private Property Irrigation
H. Demolition Plans (As Applicable)
I. Sewer Lateral Extension Plans
• The Consultant will coordinate with the City of Corona to design sewer lateral extensions from the existing 10” VCP sewer line to nine (9) residential properties.
Plans and sheet count to be prepared include:
Sheet Name Number of Sheets Drawing Scale
Title 1 No Scale
Typical Sections 1 No Scale
Index/Construction Notes 1 No Scale
Docusign Envelope ID: A24365C0-3F99-4170-8D11-C91BEF598D8E Docusign Envelope ID: E84300FD-307F-497B-8C43-20CBCD6CD450
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Plan and Profile 3 40
Layout (Overlay) 2 40
Water Line Layout & Profile 3 40
Water Details 1 10
Sewer Lateral Plan & Profile 4 40
Drainage 2 40
Signing and Striping 1 40
Street Lighting 2 40
Traffic Control 1 40
Traffic Signal 3 20
Temporary Traffic Signal 1 20
Traffic Signal Interconnect 1 No Scale
Construction Details 6 10
Landscape Planting Plans and
Landscape Construction Details 6
20 Landscape Irrigation Plans and
Details 4
20 Total Sheets 43
TASK 5.1 DELIVERABLES:
• Engineer’s Opinion of Probable Construction Cost for each phase • One (1) electronic Construction Plan set in PDF format • One (1) hard copy Construction Plan set in 24” x 36” sheets • Renderings of the proposed improvements within the public right of way and within the private properties affected by these improvements located on the south side of Ontario Avenue between Lincoln Avenue and Conejo Street.
5.2 90% PS&E
The Consultant and design subconsultants will address up to one (1) round of comments for the 60% Final Engineering including the plans and probable construction cost estimate. The technical specifications to be included with the contract documents will be prepared at the 90% PS&E and edited in MS Word.
TASK 5.2 DELIVERABLES:
• Engineer’s Opinion of Probable Construction Cost for each phase • One (1) electronic Construction Plan set in PDF format • One (1) hard copy Construction Plan set in 24” x 36” sheets • One (1) electronic set of specifications in MS Word
• Traffic Control Plans and Project Phasing Plans
• Response to 60% Comments from the City
Docusign Envelope ID: A24365C0-3F99-4170-8D11-C91BEF598D8E Docusign Envelope ID: E84300FD-307F-497B-8C43-20CBCD6CD450
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• Rendering of the proposed improvements within the public right of way and within the private properties affected by these improvements located on the south side of Ontario Avenue between Lincoln Avenue and Conejo Street.
5.3 100% PS&E
The Consultant and design subconsultants will address up to one (1) round of comments for the 90% Final Engineering including the plans, probable construction cost estimate and an electronic set of technical specifications.
TASK 5.3 DELIVERABLES:
• Engineer’s Opinion of Probable Construction Cost
• One (1) electronic plan set in PDF format
• One (1) hard copy Construction Plan set in 24” x 36” sheets • One (1) electronic set of specifications in MS Word
• Traffic Control Plans and Project Phasing Plans
• Renderings of the proposed improvements within the public right of way and within the private properties affected by these improvements located on the south side of Ontario Avenue between Lincoln Avenue and Conejo Street.
Plans submitted as 100% should be close to bid-ready documents.
5.4 Final PS&E
Final Engineering shall include detailed engineering calculations, designs, construction plans, specifications and technical special provisions and engineer’s construction cost estimates for the project that will enable the City to advertise and award the construction contract for the project.
TASK 5.4 DELIVERABLES:
• Engineer’s Opinion of Probable Construction Cost
• One (1) signed and sealed electronic plan set in PDF format • One (1) signed and sealed electronic set of specifications in MS Word • One (1) copy of appendices and bid form
• Traffic Control Plans and Project Phasing Plans
• Electronic files of all submitted documents.
• Three (3) hard copy Construction Plan sets in 24” x 36” sheets • Renderings of the proposed improvements within the public right of way from Via Pacifica to S. Vicentia Avenue and within private properties affected by these improvements located on the south side of Ontario Avenue between Lincoln Avenue and Conejo Street.
The Consultant will provide a digital copy of the final signed/sealed project plans Docusign Envelope ID: A24365C0-3F99-4170-8D11-C91BEF598D8E Docusign Envelope ID: E84300FD-307F-497B-8C43-20CBCD6CD450
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in AutoCAD 2018 .dwg or later format and PDF to the City; providing by email or Sharepoint Drive is acceptable.
5.5 Final Drainage Report
The Consultant will address up to one (1) round of comments for the Preliminary Drainage Report.
5.6 Final Water Quality Report
The Consultant will address up to one (1) round of comments for the Preliminary Water Quality Report.
5.7 Right of Way Engineering
5.1.1 Identify ROW Requirements
The Consultant will provide initial right of way requirement exhibits for the City to review and discuss proposed construction and grading limits with property owners. The exhibit, most likely delivered with the 30% design plans, will include existing aerial imaging, existing right of way and project design limits and features including utilities and other constraints.
5.1.2 Finalize ROW Requirements
The Consultant will update the initial right of way requirement exhibits for the City to review and discuss proposed construction and grading limits with property owners based on the final design plans.
5.8 Structures Wall Review
The Consultant will provide a review of potential retaining walls by an engineer that specializes in wall design to verify plans and specification documents, constructability, and economic feasibility.
TASK 5.5 THROUGH 5.8 DELIVERABLES:
• Final Drainage Report
• Final Water Quality Report
• Right of Way Requirements Map (Draft and Final)
• Structural Wall Review
6.0 BIDDING SERVICES
6.1 Bidding Phase Support
Docusign Envelope ID: A24365C0-3F99-4170-8D11-C91BEF598D8E Docusign Envelope ID: E84300FD-307F-497B-8C43-20CBCD6CD450
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The Consultant shall budget 20 hours to assist City in providing clarification and preparing information to be used in addenda as needed for questions that may arise during the bidding process. City will prepare and make available to plan holders any required addenda.
6.2 Conformed Plans and Specifications
In addition to the 20-hour budget above, prepare conformed plans and specifications for use in constructing project. Conformed plans and specifications shall reflect changes made during bidding and will be noted as a revision to final design plans.
TASK 6 DELIVERABLES:
• Bidder Inquiry Request (City Support)
• Conformed Plans and Specification (City Support)
7.0 ENGINEERING CONSTRUCTION SERVICES
7.1 Engineering Support
Assist the City with the following:
• Provide professional engineering services to address and respond to up to ten Requests for Information (RFIs) from the contractor, • Prepare supplementary sketches and details as required to resolve field construction problems that may be encountered,
• Review and provide recommendations regarding proposed change orders, as needed, and
• Attend pre-construction meeting and one additional site visit during construction.
7.2 Review of Equipment and Shop Drawing Submittals
City staff will review the majority of submittals. Engineer of record will be asked to assist in review of shop drawing submittals for completeness and conformance with the Contract Documents, if required.
7.3 Minor Plan Revisions
The Consultant will support the City with minor plan revision as needed.
7.4 Preparation of Record Documents (Record Drawings)
Docusign Envelope ID: A24365C0-3F99-4170-8D11-C91BEF598D8E Docusign Envelope ID: E84300FD-307F-497B-8C43-20CBCD6CD450
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The construction contract will require each Contractor to provide to the City for review and approval one (1) set of as- built plans showing the design changes made during the course of construction.
Not included in the 120 hours noted above for items A, B, and C, the Consultant will prepare record drawings from Contractor and construction inspector as-built drawing, markups, and field notes and stamp and sign the Record Drawing set.
TASK 7 DELIVERABLES:
• Attend one (1) pre-construction meeting and one (1) site visit • Change Order recommendations
• Shop drawing review (City Support)
• Minor Plan Revision (City Support)
• One (1) set of 24-inch x 36-inch paper copy “Record Drawings” • Downloadable files with the record drawing files saved in AutoCAD 2018 .dwg or later and PDF formats. Providing these files by email or Sharepoint Drive is acceptable.
ADD SERVICE 1:
TASK 2 – RESEARCH EXISTING CONDITIONS
Task 2.6 – Additional Surveying
Consultant’s additional scope of work includes aerial topography for the extended grind and overlay limits along W. Ontario Avenue between Via Pacifica Avenue and Oak Avenue.
Consultant will analyze two drainage depression areas along W Ontario Avenue and reconstruct two additional ADA ramps along Ontario Avenue at Silver Oak Drive, which will require the need for additional supplemental survey.
Consultant will perform supplemental survey at the locations noted above and requires 1 day of field survey, aerial photogrammetry processing, and survey technician data extraction.
DELIVERABLES:
• Supplemental topography for Ontario Avenue between Via Pacifica Avenue and Oak Avenue
• Supplemental topography for the two additional localized depression areas along Ontario Avenue
• Supplemental topography for two ADA ramps along Ontario Avenue at Silver Oak Drive Docusign Envelope ID: A24365C0-3F99-4170-8D11-C91BEF598D8E Docusign Envelope ID: E84300FD-307F-497B-8C43-20CBCD6CD450
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TASK 5 – FINAL ENGINEERING/CONSTRUCTION CONTRACT DOCUMENTS Task 5.1 AM#1, 5.2 AM#1, 5.3 AM#1 & 5.4 AM #1 – 60%, 90%, 100% & Final PS&E Additional Plan Production
Street Plans and Retaining Wall Details:
Consultant’s additional scope of work includes street improvement plans for the new median areas along W Ontario Avenue between Oak Avenue and Lincoln Avenue, two additional ADA ramps along Ontario Avenue at Silver Oak Drive, retaining walls along the eight (8) property frontages affected by the widening, and localized drainage depressions between Oak Avenue and Lincoln Avenue. The additional scope of work proposed under this task will require two (2) additional Street Improvement sheets, seven (7) retaining wall plan and detail sheets, and two (2) construction detail sheets.
Based on the final geometry and comments received on the civil engineering 30% Package Submittal, Consultant will provide plans and estimates of probable construction costs for each design submittal and technical specifications at 90%, 100% and Final submittals.
Sheet Name Number of Sheets Drawing Scale
Street Plan 2 40
Retaining Wall Plans and Details 7 10
Construction Details 2 5
60% plans will include street improvement plans (in AutoCAD, 40-scale/10-scale). The City has provided direction to use standard wall details including plan view, footing and wall elevations, and typical sections.
At the 90% submittal level, City comments from the 60% submittal will be addressed and incorporated and refinements will be made to the street and wall plans/details. Responses to comments will be prepared and submitted. Retaining wall plans will note existing and proposed utilities and laterals protected-in-place or installed as a part of the project. Estimate will be refined based on comments and continued design and submitted for comment.
City comments from the 90% submittal will be addressed and incorporated into the 100% and Final Submittals. Responses to comments will be prepared and submitted. All final plan revisions will be made. Updates to the specifications and estimate will be completed.
DELIVERABLES:
• Roadway Plans (40-scale, provided in PDF format)
• Retaining Wall Plans and Details (10-scale, provided in PDF format) • Construction Details (5-scale, provided in PDF format) Landscape Improvement Plans
Docusign Envelope ID: A24365C0-3F99-4170-8D11-C91BEF598D8E Docusign Envelope ID: E84300FD-307F-497B-8C43-20CBCD6CD450
CA\DD\02000.50105\10005846.1
27 (BB&K: 9-10)
27157.11000\2955190.2
Consultant’s additional scope of work includes planting and irrigation plans for the new median areas along W Ontario Avenue between S Buena Vista Avenue and S Vicentia Avenue and between Oak Avenue and S Lincoln Avenue. The additional scope of work proposed under this task will require six (6) additional sheets, three (3) for landscape and three (3) for irrigation.
Based on the final geometry and comments received on the Preliminary Landscape Plans and civil engineering 30% Package Submittal, LAUD will prepare Landscape Architectural PS&E submittals at the 60%, 90%, 100% and Final milestones.
60% plans will include planting plans and irrigation plans (in AutoCAD, 20-scale). Planting plans will include tree, shrub, and groundcover locations, plant list, and plant callouts and quantities.
Irrigation plans will include points of connection locations, mainline layout, pressure loss calculations, and irrigation equipment list. Estimate will be submitted in draft form.
At the 90% submittal level, City comments from the 60% submittal will be addressed and incorporated and refinements will be made to the planting plan. Responses to comments will be prepared and submitted. Irrigation plans will include water use (MWELO) calculations, irrigation controller schedule, irrigation head and lateral layout with pipe sizing. Estimate will be refined based on comments and continued design and submitted for comment.
City comments from the 90% submittal will be addressed and incorporated into the 100% and Final Submittals. Responses to comments will be prepared and submitted. All final plan revisions will be made. Updates to the specifications and estimate will be completed.
Consultant LAUD will provide technical specifications and estimates of probable construction costs for each design submittal.
Sheet Name Number of Sheets Drawing Scale
Landscape Planting Plan 3 20
Landscape Irrigation Plan 3 20
DELIVERABLES:
• Planting Plans (20-scale, provided in PDF format)
• Irrigation Plans (20-scale, provided in PDF format)
• Itemized statement of probable construction costs
TASK 6 & 7 - BIDDING SERVICES & ENGINEERING CONSTRUCTION SERVICES Consultant will assist City in providing clarification and preparing information to be used in addenda as needed for questions that may arise during the bidding process and record drawings for the additional out of scope areas added to the scope of the project, and the sheets listed above.
ASSUMPTIONS:
Docusign Envelope ID: A24365C0-3F99-4170-8D11-C91BEF598D8E Docusign Envelope ID: E84300FD-307F-497B-8C43-20CBCD6CD450
CA\DD\02000.50105\10005846.1
28 (BB&K: 9-10)
27157.11000\2955190.2
• An arborist report is not a part of this scope to evaluate existing trees and mitigation required for the project.
• Landscape treatment for median plantings will be consistent with the rest of the Ontario Avenue corridor. Customization or alternatives of private property landscape treatments for property owners is not a part of this scope.
• Stormwater plantings/LID treatments are not required and/or included with this additional scope.
• Median irrigation will be supplied by existing domestic water running on the north side of W Ontario Avenue within the project area. Capacity, size, and pressure of the domestic water system is assumed to be sufficient to extend to new planting areas. • Landscape within the right-of-way will be maintained by the City. • Planting and Irrigation details and specifications from the original scope will be utilized for this additional work.
• Renderings of the proposed improvements within the private properties affected by these improvements located on the south side of Ontario avenue between Lincoln Avenue and Conejo Street will be prepared in 20 scale as a single effort. Up to 12 hours are allocated for this effort in the original scope. Any additional effort required beyond the initial 12 hours will be requested as an additional service.
• Subtask budgets for the additional 60%, 90%, 100% and Final will be determined and allocated for the project budgets and invoice once the additional services has been approved by the City.
Docusign Envelope ID: A24365C0-3F99-4170-8D11-C91BEF598D8E Docusign Envelope ID: E84300FD-307F-497B-8C43-20CBCD6CD450
CA\DD\02000.50105\10005846.1
27157.11000\2955190.2
EXHIBIT "B-1"
SCHEDULE OF SERVICES
Docusign Envelope ID: A24365C0-3F99-4170-8D11-C91BEF598D8E Docusign Envelope ID: E84300FD-307F-497B-8C43-20CBCD6CD450
CA\DD
\02000.50105\10005846.1
30 (BB&K: 9-10)
27157.11000\2955190.2
Docusign Envelope ID: A24365C0-3F99-4170-8D11-C91BEF598D8E Docusign Envelope ID: E84300FD-307F-497B-8C43-20CBCD6CD450
CA\DD\02000.50105\10005846.1
27157.11000\2955190.2
EXHIBIT "C-1"
COMPENSATION
Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth herein. [FEE SCHEDULE ON FOLLOWING PAGE]
Docusign Envelope ID: A24365C0-3F99-4170-8D11-C91BEF598D8E Docusign Envelope ID: E84300FD-307F-497B-8C43-20CBCD6CD450
CA\DD
\02000.50105\10005846.1
27157.11000\2955190.2
Docusign Envelope ID: A24365C0-3F99-4170-8D11-C91BEF598D8E Docusign Envelope ID: E84300FD-307F-497B-8C43-20CBCD6CD450
CA\DD
\02000.50105\10005846.1
27157.11000\2955190.2
Docusign Envelope ID: A24365C0-3F99-4170-8D11-C91BEF598D8E Docusign Envelope ID: E84300FD-307F-497B-8C43-20CBCD6CD450
CA\DD\02000.50105\10005846.1
27157.11000\2955190.2
ADD SERVICE 1:
Docusign Envelope ID: A24365C0-3F99-4170-8D11-C91BEF598D8E Docusign Envelope ID: E84300FD-307F-497B-8C43-20CBCD6CD450
July 18, 2025 File No: 23-00065
Nathan Armendariz
City of Corona
400 South Vicentia Avenue, Suite 200
Corona, CA 92882
RE: CORONA- ONTARIO AVENUE WIDENING (PO NO. P23003) ADDITIONAL SERVICES REQUEST NO. 01 Dear Mr. Armendariz:
Per your request, Mark Thomas has prepared this additional services letter for the Ontario Avenue Widening at Lincoln Avenue Project (Project). The following items have been requested by the City to be included as part of this project:
1. It was requested that resurfacing be extended from Via Pacifica to South Vicentia Avenue along Ontario Avenue.
2. The design of raised median islands along Ontario Avenue from Oak Avenue to South Vicentia Avenue.
3. Place standard retaining walls at the property frontages affected by the Ontario Avenue widening.
A detailed scope and budget to perform the additional services follows.
Mark Thomas was directed to advance our design efforts under the current not-to-exceed contract in order to continue progress of the 60% design. To assist the City with the timeline to process an amendment for the additional services, but not to disrupt the current staffing and progress of the design, Mark Thomas recommended a ‘net-zero’ budget reallocation of the future PS&E deliverables subtask funding. This would allow the team to move forward with the additional services without delay.
Mark Thomas proceeded with 60% plans, but still required direction from the City for changes in the project limits and wall type. During that time, Mark Thomas proceeded with the design and completed the 60% plans and estimate. Mark Thomas committed staff to the project and attempted to keep production at premium, but we have seen some accrual of extra staff time while waiting to receive final direction related to clarification of scope limits due to previous projects that were completed recently.
While these additional scope limits were not anticipated, Mark Thomas proceeded to perform these additional services and held on localized areas until final scope was clarified and most of this was accomplished by reallocating the budgets noted above. Currently the additional level of effort has been tracked and estimated approximately exceeding 4% (~$25,000) over the project total budget and the City has received the 60% plans and estimate associated with this effort.
As such, we propose to incorporate the clarified scopes of work into the existing budget or potentially discuss other options.
SCOPE OF SERVICES
TASK 2 – RESEARCH EXISTING CONDITIONS
Task 2.6 – Additional Surveying
Mark Thomas’s additional scope of work includes aerial topography for the extended grind and overlay limits along W Ontario Avenue between Via Pacifica Avenue and Oak Avenue.
The City requested for Mark Thomas to analyze two drainage depression areas along W Ontario Avenue and reconstruct two additional ADA ramps along Ontario Avenue at Silver Oak Drive, which will require the need for additional supplemental survey.
Mark Thomas will perform supplemental survey at the locations noted above and requires 1 day of field survey, aerial photogrammetry processing, and survey technician data extraction.
DELIVERABLES
• Supplemental topography for Ontario Avenue between Via Pacifica Avenue and Oak Avenue • Supplemental topography for the two localized depression areas along Ontario Avenue • Supplemental topography for two ADA ramps along Ontario Avenue at Silver Oak Drive TASK 5 – FINAL ENGINEERING/CONSTRUCTION CONTRACT DOCUMENTS Task 5.1 AM#1, 5.2 AM#1, 5.3 AM#1 & 5.4 AM #1 – 60%, 90%, 100% & Final PS&E Additional Plan Production Street Plans and Retaining Wall Details
Mark Thomas’s additional scope of work includes street improvement plans for the new median areas along W Ontario Avenue between Oak Avenue and Lincoln Avenue, two additional ADA ramps along Ontario Avenue at Silver Oak Drive, retaining walls along the eight (8) property frontages affected by the widening, and localized drainage depressions between Oak Avenue and Lincoln Avenue. The additional scope of work proposed under this task will require two (2) additional Street Improvement sheets, seven (7) retaining wall plan and detail sheets, and two (2) construction detail sheets.
Based on the final geometry and comments received on the civil engineering 30% Package Submittal, Mark Thomas will provide plans and estimates of probable construction costs for each design submittal and technical specifications at 90%, 100% and Final submittals.
60% plans will include street improvement plans (in AutoCAD, 40-scale/10-scale). The City has provided direction to use standard wall details including plan view, footing and wall elevations, and typical sections.
At the 90% submittal level, City comments from the 60% submittal will be addressed and incorporated and refinements will be made to the street and wall plans/details. Responses to comments will be prepared and submitted. Retaining wall plans will note existing and proposed utilities and laterals protected-in-place or installed as a part of the project. Estimate will be refined based on comments and continued design and submitted for comment.
City comments from the 90% submittal will be addressed and incorporated into the 100% and Final Submittals.
Responses to comments will be prepared and submitted. All final plan revisions will be made. Updates to the specifications and estimate will be completed.
DELIVERABLES
• Roadway Plans (40-scale, provided in PDF format)
• Retaining Wall Plans and Details (10-scale, provided in PDF format) • Construction Details (5-scale, provided in PDF format) Landscape Improvement Plans
Mark Thomas’s additional scope of work includes planting and irrigation plans for the new median areas along W Ontario Avenue between S Buena Vista Avenue and S Vicentia Avenue and between Oak Avenue and S Lincoln Avenue. The additional scope of work proposed under this task will require six (6) additional sheets, three (3) for landscape and three (3) for irrigation.
Based on the final geometry and comments received on the Preliminary Landscape Plans and civil engineering 30% Package Submittal, LAUD will prepare Landscape Architectural PS&E submittals at the 60%, 90%, 100% and Final milestones.
Sheet Name Number of Sheets Drawing Scale
Street Plans 2 40
Retaining Wall Plans and Details 7 10
Construction Details 2 5
60% plans will include planting plans and irrigation plans (in AutoCAD, 20-scale). Planting plans will include tree, shrub, and groundcover locations, plant list, and plant callouts and quantities.
Irrigation plans will include points of connection locations, mainline layout, pressure loss calculations, and irrigation equipment list. Estimate will be submitted in draft form.
At the 90% submittal level, City comments from the 60% submittal will be addressed and incorporated and refinements will be made to the planting plan. Responses to comments will be prepared and submitted. Irrigation plans will include water use (MWELO) calculations, irrigation controller schedule, irrigation head and lateral layout with pipe sizing.
Estimate will be refined based on comments and continued design and submitted for comment.
City comments from the 90% submittal will be addressed and incorporated into the 100% and Final Submittals.
Responses to comments will be prepared and submitted. All final plan revisions will be made. Updates to the specifications and estimate will be completed.
Mark Thomas LAUD will provide technical specifications and estimates of probable construction costs for each design submittal.
DELIVERABLES
• Planting Plans (20-scale, provided in PDF format)
• Irrigation Plans (20-scale, provided in PDF format)
• Itemized statement of probable construction costs
TASK 6 & 7 - BIDDING SERVICES & ENGINEERING CONSTRUCTION SERVICES Mark Thomas will assist City in providing clarification and preparing information to be used in addenda as needed for questions that may arise during the bidding process and record drawings for the additional out of scope areas added to the scope of the project, and the sheets listed above.
ASSUMPTIONS:
• An arborist report is not a part of this scope to evaluate existing trees and mitigation required for the project. • Landscape treatment for median plantings will be consistent with the rest of the Ontario Avenue corridor.
Customization or alternatives of private property landscape treatments for property owners is not a part of this scope.
• Stormwater plantings/LID treatments are not required and/or included with this additional scope. • Median irrigation will be supplied by existing domestic water running on the north side of W Ontario Avenue within the project area. Capacity, size, and pressure of the domestic water system is assumed to be sufficient to extend to new planting areas.
• Landscape within the right-of-way will be maintained by the City. • Planting and Irrigation details and specifications from the original scope will be utilized for this additional work. • Renderings of the proposed improvements within the private properties affected by these improvements located on the south side of Ontario avenue between Lincoln Avenue and Conejo Street will be prepared in 20 scale as a single effort. Up to 12 hours are allocated for this effort in the original scope. Any additional effort required beyond the initial 12 hours will be requested as an additional service. • Subtask budgets for the additional 60%, 90%, 100% and Final will be determined and allocated for the project budgets and invoice once the additional services has been approved by the City.
Sheet Name Number of Sheets Drawing Scale
Landscape Planting Plans 3 20
Landscape Irrigation Plans 3 20
FEE ESTIMATE:
Attached is our detailed cost breakdown utilizing our originally agreed upon rates.
Thank you for the opportunity to provide this letter for additional services for the Ontario Avenue Widening at Lincoln Avenue Project.
Please give me a call if you need any additional information or have any questions regarding these additional services.
Sincerely,
MARK THOMAS
Paul Mittica, PE
Project Manager
Accepted:
Signature
Name/Title
Date
Project Engineer
Design Engineer II
Design Engineer I
Project Surveyor
Surveyor
Survey Technician
2 Person Field Crew
LAUD Division Manager
LAUD Project Manager
Landscape Designer II
Landscape Designer I
FEHR & PEERS
$162 $139 $113 $177 $129 $97 $328 $253 $239 $114 $92
2.0 RESEARCH EXISTING CONDITIONS2.6 Additional Supplemental Survey 2 6 10 16 34 $7,346 $7,346 Subtotal Phase 2 0 0 0 2 6 10 16 0 0 0 0 34 $7,346 $0 $7,346
5.0 FINAL ENGINEERING/CONSTRUCTION CONTRACT DOCUMENTS5.1 AM#1 60% PS&E Additional Plan Production 32 100 180 1 4 8 80 405 $48,905 - $48,905
5.2 AM#1 90% PS&E Additional Plan Production 5 46 32 1 32 60 56 232 $30,713 - $30,713
5.3 AM#1 100% PS&E Additional Plan Production 2 10 20 1 4 8 16 61 $7,567 - $7,567
5.4 AM#1 Final PS&E Additional Plan Production 1 4 8 1 2 4 8 28 $3,545 - $3,545 Subtotal Phase 5 40 160 240 0 0 0 0 4 42 80 160 726 $90,730 $0 $90,730
6.0 BIDDING SERVICES 6.1 AM#1 Additional Bidding Phase Support 2 2 2 2 8 $1,308 $500 $1,808 Subtotal Phase 6 2 2 0 0 0 0 0 0 2 2 0 8 $1,308 $500 $1,808
7.0 ENGINEERING CONSTRUCTION SERVICES 7.4 AM#1 Additional Record Drawings 2 4 2 8 8 24 $4,210 $1,500 $5,710 Subtotal Phase 7 2 4 0 0 0 0 0 2 8 8 0 24 $4,210 $1,500 $5,710 TOTAL HOURS 44 166 240 2 6 10 16 6 52 90 160 792OTHER DIRECT COSTS $0 $0 $0TOTAL COST $7,128 $23,074 $27,120 $354 $774 $970 $5,248 $1,518 $12,428 $10,260 $14,720 $103,594 $2,000 $105,594 COST PROPOSAL FOR PROJECT SCOPE: Corona- Ontario Avenue Widening at Lincoln Avenue PO No. P23003 Subconsultants
TOTAL COST Total
Hours
Total MT
Cost
Please note that the rates shown are for estimating purposes only. See rate schedule for actual rates/ranges. Page 186 of 1215 7/18/2025 DATE: 08/20/2025
TO: Honorable Mayor and City Council Members
FROM: Fire Department
2025-195
REQUEST FOR CITY COUNCIL ACTION
SUBJECT:
TRANSITION OF FIRE DEPARTMENT RADIO COMMUNICATION TO THE COUNTY
OF RIVERSIDE PSEC SYSTEM
EXECUTIVE SUMMARY:
The City of Corona Fire Department requests City Council approval to transition its radio communications from the legacy Very High Frequency (VHF) system to the 800 MHz Public Safety Enterprise Communication (PSEC) system operated by the Riverside County Sheriff’s Department. This upgrade is urgently needed to address the obsolescence and reliability risks of the current VHF system, which could jeopardize emergency response if not replaced. The transition will enhance interoperability with regional public safety agencies, mirroring the successful migration completed by the Corona Police Department in 2017. Limited VHF connectivity will be maintained for mutual aid and legacy compatibility. The proposed solution offers significant cost savings and positions the Fire Department for future technological advancements.
RECOMMENDED ACTION:
That the City Council:
a. Authorize an Exception to Competitive Bidding pursuant to Corona Municipal Code Section 3.08.140(E), allowing direct contracting with the County of Riverside and
associated vendors for the PSEC migration, as it is in the City’s best interest for operational continuity and public safety.
b. Authorize the City Manager, or their designee, to execute an agreement with the Riverside County Sheriff’s Department for PSEC system integration, not to exceed $1,283,386.77 over a one-year period.
c. Authorize the City Manager, or their designee, to issue Purchase Orders as detailed in the staff report herein.
d. Authorize the City Manager, or their designee, to execute non-substantive extensions, change orders, purchase orders, and amendments with the Riverside County Sheriff’s Department within a 20% contingency of the original contract amount.
BACKGROUND & HISTORY:
The Corona Fire Department’s current VHF radio system has exceeded its service life, with replacement parts increasingly unavailable, creating operational vulnerabilities and risks to emergency response. Recognizing the need for a modern, interoperable system, the City issued RFP #24-065CA on March 21, 2024, but received only one proposal.
Motorola, the sole respondent, declined to bid after determining project costs would exceed the budget by over three times ($4.7 million vs. $1.8 million).
In response, the County of Riverside offered to integrate the Fire Department into its existing PSEC system, providing a cost-effective and proven solution. The Corona Police Department’s successful migration to PSEC in 2017 demonstrates the system’s reliability and regional interoperability. The Fire Department consulted with the Information Technology Department, Police Department, and County partners to ensure alignment and operational readiness.
ANALYSIS:
Benefits and Rationale: Transitioning to the PSEC system will enable direct, real-time communication with mutual aid partners, including County and State emergency services, which is critical during wildfires, large-scale incidents, and multi-agency responses. The project includes installing four Motorola GTR 8000 VHF repeaters at three PSEC remote sites and configuring Control Channel Gateways (CCGW) to ensure seamless integration.
All technical terms are defined in the attached glossary.
Risk Mitigation: Risks such as training needs and temporary service disruptions will be addressed through phased implementation, staff training, and ongoing support from the County and vendors. PSEC will conduct radio coverage mapping to ensure compliance with FCC and operational standards.
Future Readiness: The PSEC system is scalable, allowing the Fire Department to adapt as the City grows and public safety demands increase.
Purchase Orders to be issued are outlined in the table below:
Vendor/Service Purpose/Description Amount
Riverside County
Sheriffs
Installation of equipment at County sites $62,854.75
Riverside County
Sheriffs
Annual rack & tower space (FY25/26) $7,433.76
Motorola Solutions Handheld/mobile radio equipment for
PSEC compatibility
$674,231.61
RivComm Inc. Equipment purchase & installation in fire
vehicles & HQ
$289,961.26
Applied Technology
Group, Inc.
Fire station alert radios, legacy
equipment removal/disposal
$248,905.38
Total $1,283,386.77
FINANCIAL IMPACT:
Funding for the recommended actions is available in the New VHF Radio Simulcast and Backhaul System Capital Improvement Project No. TC-2023-01 within General Fund 110.
The total project cost is $1,283,386.77, which includes all equipment, installation, and integration for the first year's annual subscription fee of $7,433.76 for rack and tower space. Ongoing monthly recurring subscriber fees are $48.20 per radio and based on the current number of 150. The anticipated yearly recurring cost for the radio service will be $86,760. Future recurring costs will be incorporated into the Fire Department’s operating budget and reviewed annually.
ENVIRONMENTAL ANALYSIS:
This action is exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3), as it involves minor alterations to existing facilities with negligible or no expansion of use. Therefore, no further environmental analysis is required.
PREPARED BY: JIM AUKERMAN, SENIOR NETWORK ARCHITECT
REVIEWED BY: CHRIS MCMASTERS, CHIEF INFORMATION OFFICER Attachments:
1. Exhibit 1 - Glossary of Technical Terms from the PSEC Staff Report.docx
2. Exhibit 2 - City of Corona Fire SOW Aug 2025 v1.pdf
3. Exhibit 3 - Finalized Cajalco J.C 7.3 (002).docx
4. Exhibit 4 - Green River Finalized.docx
5. Exhibit 5 - PSEC Grapehill 2025 7.22.25 Final (RY 7.31.25).docx
6. Exhibit 6 - QUOTE-2973371 Corona Fire - (37) APX 8000 XE – 071125.pdf
7. Exhibit 7 - GTR8000 - 8282027152__1750949609232.pdf
8. Exhibit 8 -QUOTE-2985229 Corona Fire - (12) APX 8000 Feature Upgrade – 071125.pdf
9. Exhibit 9 - QUOTE-3031683 Corona Fire - (62) APX 8000 XE Batteries – 071125.pdf
10. Exhibit 10 - QUOTE-2973403 Corona Fire - (5) APX NEXT XN – 071125.pdf
11. Exhibit 11 - Armada Server Quote 050625 REV 1.pdf
12. Exhibit 12 - City of Corona VM8000 Quote 071625.pdf
13. Exhibit 13 - Corona BC Office Base Station Quote 4.2.25 i.pdf
14. Exhibit 14 - Corona DOC Base Station Quote 4.2.25 H.pdf
15. Exhibit 15 – SDO AHMANSON WRF3 Decommission S-QUO1498.pdf
16. Exhibit 16 - 760 PUBLIC SAFETY Decommission S-QUO1504.pdf
17. Exhibit 17 - GREEN RIVER Decommission S-QUO1484.pdf
18. Exhibit 18 - GH Decommission S-QUO1442.pdf
19. Exhibit 19 - Eagle Glen Decommission S-QUO1474.pdf
20. Exhibit 20 - CoC-VM5900 Base Stations for PSEC Station alerting-NASPO-2025- 07-11-S-Quo1959.pdf
Glossary of Technical Terms from the PSEC Staff Report
VHF (Very High Frequency): A range of radio frequencies from 30 MHz to 300 MHz. In public safety, VHF systems are commonly used for legacy radio communications, especially in fire and emergency services. The Corona Fire Department’s current radio system operates in this band, which is being replaced due to obsolescence and interoperability limitations. 800 MHz Public Safety Enterprise Communication (PSEC) System: A countywide digital trunked radio system operating in the 800 MHz frequency band, managed by the Riverside County Sheriff’s Department. PSEC provides enhanced interoperability, coverage, and reliability for public safety agencies across Riverside County.
Interoperability: The ability of different public safety agencies and their communication systems to work together seamlessly, especially during joint operations and emergencies. The transition to PSEC is intended to improve interoperability between the Corona Fire Department and other agencies.
Motorola GTR 8000 VHF Repeater: A specific model of radio repeater manufactured by Motorola Solutions. Repeaters receive and retransmit radio signals to extend coverage. The project includes installing these repeaters at PSEC sites to maintain VHF connectivity.
Control Channel Gateway (CCGW): A device or system that enables integration between different radio networks or frequency bands. In this context, CCGWs are used to connect the new VHF repeaters to the PSEC system, allowing for cross-band communication and interoperability.
FCC License: A license issued by the Federal Communications Commission (FCC) that authorizes the use of specific radio frequencies for public safety communications. Modifications to the City of Corona’s FCC licenses are required to accommodate new equipment and frequencies.
Coverage Maps: Visual representations or simulations used to predict and verify the geographic area where radio communications will be reliable. PSEC will generate these maps to ensure the new system meets operational standards.
Capital Improvement Project (CIP) Fund: A designated fund used by the City to finance major infrastructure projects, such as the replacement of the VHF radio system.
Rack & Tower Space: Physical space at radio sites (towers and equipment racks) leased or used to house communication equipment necessary for the operation of the radio system.
Legacy Equipment: Older technology or equipment that is being phased out or replaced. In this case, the legacy VHF radio system and related hardware.
Handheld/Mobile Radio Equipment: Portable (handheld) and vehicle-mounted (mobile) radios used by fire department personnel to communicate over the PSEC system.
System Redundancy: The inclusion of backup components or systems to ensure continued operation in case of equipment failure. The report notes vulnerabilities in redundancy with the current VHF system.
RIVERSIDE COUNTY SHERIFF’S OFFICE
Public Safety Enterprise Communication
7195 Alessandro Blvd., Suite A Riverside, CA 92506
(951) 955‐3644
STATEMENT OF WORK BETWEEN CITY OF CORONA AND PSEC August 2025 SCOPE
City of Corona has purchased four (4) Motorola GTR 8000 VHF repeaters and has requested PSEC to install and integrate them into the PSEC system as a resource on PSEC Consoles for the City of Corona. The repeaters will be installed in the PSEC shelters at Green River, Cajalco, and Grape Hill. The purpose of this Scope of Work is to outline the tasks, and responsibilities.
City of Corona Responsibilities:
• Purchase equipment from necessary vendors per equipment list received from PSEC. • Provide PSEC a purchase order for work that PSEC will be completing. • Enter into PSEC Site Lease Agreements at Cajalco, Green River and Grape Hill. • Provide a copy of current FCC licenses.
• Provide FCC credentials for the FRC to add new locations to FCC licenses. • Allow tower space at the Grape Hill remote radio site for new antennas. • Test with PSEC staff once all repeaters are installed.
PSEC Responsibilities:
• Provide quote to the CITY.
• Provide Equipment list to CITY.
• Modify existing City of Corona FCC Licenses for new locations. • Run coverage maps for predicated radio coverage.
• Install Racks at remote PSEC sites.
• Install and configure four (4) GTR Repeaters with frequencies provided by the CITY. • Install and configure Control Channel Gateways (CCGW) at the 3 remote sites for integration into the PSEC system.
• Test with the City of Corona once installed.
• Coordinate with vendor for Structural Analysis for each tower • Coordinate with vendor for installation of new antennas at each remote site. • Coordinate network updates with Motorola for PSEC system.
RIVERSIDE COUNTY SHERIFF’S OFFICE
Public Safety Enterprise Communication
7195 Alessandro Blvd., Suite A Riverside, CA 92506
(951) 955‐3644
ASSUMPTIONS:
• PSEC will not remove equipment from the old sites.
• City will continue to be the holder of the FCC license. • This SOW does not include future maintenance.
Equipment and labor provided by PSEC:
Item / Task Grape Hill Cajalco Green River Total Antenna $2,712.16 $1,356.08 $1,356.08 $5,424.32 Tower Analysis $6,000.00 $6,000.00 $6,000.00 $18,000.00 Antenna Installation $12,000.00 $6,000.00 $6,000.00 $24,000.00 FCC License Modification $500.00 $500.00 $500.00 $1,500.00 PSEC Installation Labor $1,040.00 $520.00 $520.00 $2,080.00 Sub‐Total for Site $22,252.16 $14,376.08 $14,376.08 $51,004.32 Contingency $2,225.22 $1,437.61 $1,437.61 $5,100.44 Sub Total for Site $24,477.38 $15,813.69 $15,813.69 $56,104.76 PSEC Engineering Time $3,750.00
Motorola ST Time $3,000.00
One time Project Total $62,854.76
Items in the table below are reoccurring monthly charges that will need to be budgeted for by the City of Corona.
Item/Task Grape Hill Cajalco Green River Total Monthly
Monthly Reoccurring Tower Space No Charge No Charge No Charge Monthly Reoccurring Rack Space No Charge $309.74 $309.74 $619.48 Total Monthly FY25/26 $ 619.48
Telecommunications License Agreement
LICENSOR: COUNTY of Riverside
LICENSEE: CITY OF CORONA
Communication Site, Riverside COUNTY
TABLE OF CONTENTS
1. Recitals..................................................................................................................................................... 2
2. Term ......................................................................................................................................................... 2
3. Options to Extend ..................................................................................................................................... 2
4. Holding Over..............................................................................................................................................2
5. Board Approved Rates ..............................................................................................................................3
6. Rent ...........................................................................................................................................................3
7. Pass Through Costs ................................................................................................................................. 3
8. Recurring Fees ......................................................................................................................................... 3
9. Use ........................................................................................................................................................... 4
10. Access to Premises ...................................................................................................................................4
11. Site Safety and Cleanliness ...................................................................................................................... 4
12. Inspection of Equipment ........................................................................................................................... 5
13. Change in Equipment ............................................................................................................................... 5
14. Reallocation of Space ............................................................................................................................... 5
15. Equipment Installation by LICENSEE ....................................................................................................... 5
16. Disposition of LICENSEE's Equipment ..................................................................................................... 6
17. Tower Analysis ......................................................................................................................................... 6
18. Electrical and Heat Load Analysis............................................................................................................. 6
19. Contract Support....................................................................................................................................... 6
20. Utilities ...................................................................................................................................................... 7
21. FCC Licenses ........................................................................................................................................... 7
22. Radio Frequency Radiation (RFR)............................................................................................................ 7
23. Interference............................................................................................................................................... 7
24. Workmanship Standards........................................................................................................................... 9
25. Employees and Agents of LICENSEE...................................................................................................... 9
26. Permits, Licenses, and Taxes................................................................................................................... 9
27. Compliance with Laws .............................................................................................................................. 9
28. Binding on Successors ........................................................................................................................... 10
29. Waiver of Performance ........................................................................................................................... 10
30. Severability ............................................................................................................................................. 10
31. Venue ..................................................................................................................................................... 10
32. Intentionally Deleted ................................................................................................................................ 10
33. Notices.................................................................................................................................................... 10
34. COUNTY’S Representative................................................................................................................... 11
35. Termination by COUNTY........................................................................................................................ 11
36. Termination by LICENSEE ..................................................................................................................... 11
37. Default .................................................................................................................................................... 12
38. Quiet Enjoyment ..................................................................................................................................... 12
39. Free from Liens.......................................................................................................................................12
40. Insurance ................................................................................................................................................ 12
41. Acceptance of Premises ......................................................................................................................... 14
42. Hold Harmless........................................................................................................................................ 15
43. Assignment............................................................................................................................................. 16
44. Hazardous Materials............................................................................................................................... 16
45. Entire Agreement.................................................................................................................................... 17
46. Interpretation of Agreement .................................................................................................................... 18
47. Future Use's Obligation .......................................................................................................................... 18
48. Supersedes Prior.................................................................................................................................... 18
49. Subrogation ............................................................................................................................................18
50. Essence of Time ....................................................................................................................................18
51. Mode of Execution................................................................................................................................ 18
52. Counterparts ........................................................................................................................................ 19
PREAMBLE
This Public Safety Enterprise Communications License Agreement, hereinafter referred to as the "Agreement", shall be effective as of (“Effective Date”) by and between COUNTY of RIVERSIDE, on behalf of the Riverside County Sheriff's Department, a political subdivision of the State of California, hereinafter referred to as "COUNTY", and the City of Corona, a California municipal corporation, hereinafter collectively referred to as "LICENSEE". It is hereby agreed as follows:
1. Recitals
a. The COUNTY has under its control real property located in the COUNTY of Riverside, State of California, located at 4230 Eagle Canyon Road, Corona, CA 92881 at Cajalco communication site in the City of Corona, California, identified by Riverside COUNTY Assessor’s Parcel Number 278-150-005, as more particularly legally described and depicted on Exhibit "A", attached hereto and incorporated by reference, hereinafter referred to as the "Premises";
b. The Premises are part of the Riverside County Public Safety Enterprise Communications system which operates the communication network for first responders in the County; c. It is in the public interest and the best interest of the COUNTY that a license be granted to LICENSEE for use of the Premises on the terms and conditions contained herein, and the license granted to LICENSEE will not substantially conflict or interfere with the use of the Premises by the COUNTY; and
d. LICENSEE's use of the Premises must not result in the installation or operation of equipment that in any way hinders, obstructs, or interferes with the COUNTY or any existing licensee.
2. Term
The initial term of this Agreement shall be for a period of five (5) years, commencing once the LICENSEE’s equipment has been installed on the Premises (“Commencement Date”), but in no event shall the term commence later than ninety (90) days after the Effective Date. The Commencement Date and expiration shall be confirmed by the parties within thirty (30) days of the Commencement Date, in Exhibit E, attached hereto and incorporated herein.
3. Option to Extend
The initial term shall be followed by four (4) one (1) year renewal options, which shall run solely in favor of LICENSEE (provided that LICENSEE is not in default under this Agreement at the time of exercising any such option(s)), and which may be exercised by LICENSEE giving to COUNTY written notice of its election to extend the Agreement term at least ninety (90) days prior to the expiration of the initial term or any renewal thereof. In no case shall any further extensions be granted without the approval of the Riverside COUNTY Board of Supervisors.
4. Holding Over
Any holding over by LICENSEE after the termination or expiration of this Agreement, without exercising an option to extend, shall constitute a month-to-month tenancy and shall be
charged at the last approved rent, and all other terms and conditions of this Agreement shall remain in full force and effect.
5. Board Approved Rates
(a) Rates are reviewed annually by the Board of Supervisors with changes taking affect July 1 of each year. On the first of July of every year of the agreed upon Agreement terms, the rental rate for equipment rack mount fees, tower mount fees and an administrative fee will adjust based upon the rates approved by the COUNTY's Board of Supervisors.
6. Rent
(a) Licensee shall pay the monthly rent ("Rent") to County in accordance with the rates approved and published by the Riverside County Board of Supervisors. The Rent shall consist of the recurring fees set forth in Section 8 below. Starting with the Commencement Date, the Rent shall be payable on the 1st day of each month, in advance, to County at County's address specified in Section 33 of this Agreement.
7. Pass-Through Costs
(a) Intentionally Deleted.
8. Recurring Fees
(a) LICENSEE shall pay COUNTY the following fees from legally available funds:
1) Recurring Shelter Fees. Equipment fees calculated at $295.44 per one half rack, per month, for a total equipment fee of $295.44 per month. Equipment fees are subject to annual review and adjustment by the Riverside COUNTY Board of Supervisors on July 1st of each year, beginning July 1, 2025.
2) Recurring Tower Fees.
(a) Intentionally Deleted
3) Administrative Fee. There shall be a monthly administrative surcharge of 4.84% of the amounts paid under Sections 8(a)(1) and 8(a)(2) above ($295.44 x .0484 = $14.30), said percentage being subject to annual review and adjustment by the Riverside COUNTY Board of Supervisors on July 1st of each year, beginning July 1, 2025.
4) Total Recurring Fees.
Fees for equipment One Half Rack
Fees for antennas placed upon the tower
Fees for administrative surcharge
Total monthly fees
$ 295.44
$0
$ 14.30
$ 309.74
5) In the event LICENSEE fails, or refuses, to make its monthly rental payment thirty (30) days after the date as required in Section 6 above, LICENSEE shall pay to COUNTY twenty-five dollars ($25.00) as an administrative charge, which represents a minimal cost incurred by County associated with processing late payment. 6) Total monthly fees required by this Section 8 shall not exceed 7% from prior year's total monthly fees. If total monthly fees exceed 7% from previous year, Licensee shall have the option to terminate license with a ninety (90) day written notice, during which notice period monthly fees shall not increase beyond 7%.
9. Use
(a) COUNTY hereby grants to LICENSEE use of the facilities situated at the Premises, for the purpose of operating electronic communication devices as described in Exhibit "B", the Technical Data Sheet, attached hereto and incorporated herein by this reference, and for such other uses or purposes necessarily related thereto, including any applicable easements for utilities and access to the Premises.
(b) LICENSEE shall, at LICENSEE's sole cost and expense, comply with the requirements of all local, state, and federal statutes, regulations, rules, ordinances, and orders now in force or which may be hereafter in force, pertaining to its permitted use of the Premises.
10. Access to Premises
(a) Licensee shall have all of its properly qualified and authorized agents, employees, and contractors ("Regular Employees") working on the site cleared through the Riverside Sheriff's Office background check process. The Licensee shall contact the PSEC Site manager for pre-approval. These cleared individuals shall have the right of ingress to and egress from said Premises, located within County's fenced facility when following the notification protocol outlined in Exhibit “C”, attached hereto and incorporated herein. (b) County will maintain control over Site access. Riverside County PSEC staff will escort any individual with ingress and egress rights to Premises, according to Section 8(a) above.
Requests for escorts must be made according to the Ingress Procedures outlined in Exhibit "C.". In the event County personnel is required to accompany Licensee, Licensee shall pay for such accompaniment at the hourly rate(s) set by the Riverside County Board of Supervisors, within thirty (30) days after receipt of a billing and accounting invoice from the County. Licensee shall pay for such accompaniment at the hourly rate of $138.57, between 8:00 a.m. and 5:00 p.m., Monday through Friday, except holidays, and at an hourly rate of $149.70 at all other times. The hourly accompaniment rate(s) are adjusted by the Riverside County Board of Supervisors on July 1 annually.
11. Site Safety and Cleanliness
LICENSEE shall maintain a clean and safe working environment. The COUNTY reserves the right to remove or expel from the site, any personnel, including contractors, observed working in an unsafe manner.
12. Inspection of Equipment
COUNTY shall have the right to enter the Premises at any time for the purpose of inspecting, auditing, monitoring and evaluating the obligations of this Agreement and for the purpose of doing any and all things which it is obligated or has a right to do under this Agreement.
13. Change in Equipment
LICENSEE shall not cause or permit any change of any equipment installed on the Premises by LICENSEE, including power outputs or changes in the use of the frequencies described in Exhibit "D" attached hereto and incorporated herein, except upon making a written request to COUNTY for each such transaction and the obtaining of COUNTY's prior written consent, said consent not to be unreasonable withheld or delayed.
14. Re-Allocation of Space
COUNTY will have the right at any time upon giving notice thereof to re-assign or re-allocate the amount or location of space for LICENSEE's communications equipment so long as the re-assignment or re-allocation does not interfere with LICENSEE's permitted use. If a space re-allocation is made, LICENSEE shall within sixty (60) days of receipt of notice thereof, relocate its equipment in conformity with said re-allocation at the expense of the COUNTY.
15. Equipment Installation by LICENSEE
(a) LICENSEE shall have the right, but not the obligation, at any time following the full execution of this Agreement and prior to the Commencement Date, to enter the Premises, provided that the provisions of Section 10(b) above have been met, for the purpose of making necessary inspections and engineering surveys and other reasonably necessary tests (collectively "Tests") to determine the suitability of the Premises for LICENSEE's equipment.
(b) Starting on the Commencement Date LICENSEE has the right to install, maintain, repair, replace, modernize, and operate on the Premises radio communications facilities, including but not limited to, radio frequency transmitting and receiving equipment, batteries, radio frequency transmitting and receiving antennae and supporting structures and improvements ("LICENSEE's Facilities").
(c) LICENSEE shall comply with federal, state or local signage requirements. LICENSEE shall at its own expense procure all signage and submit signage to the COUNTY for installation within 90 days of equipment installation.
(d) Prior to any subsequent changes to the construction of LICENSEE's Facilities and/or Premises, LICENSEE shall present construction drawings to COUNTY and COUNTY's site supervisor for review and approval. COUNTY shall have forty-five (45) business days to provide comments in writing to LICENSEE. If no response has been received by LICENSEE within 45 days, drawings and design will be deemed acceptable by COUNTY.
16. Disposition of LICENSEE's Equipment
(a) During the term of this Agreement, all wires, equipment, and other personal property placed on the Premises by LICENSEE shall remain the property of LICENSEE and shall be removed by LICENSEE, at its sole cost and expense, within sixty (60) days after expiration or termination of LICENSEE's tenancy.
(b) Should LICENSEE fail to remove said equipment and personal property within sixty (60) days after expiration or termination of the Agreement, COUNTY may do so at the risk of LICENSEE. Upon written demand by the COUNTY, LICENSEE shall immediately pay all costs and expenses of the removal of LICENSEE's personal property and equipment. (c) LICENSEE may, however, with written consent of the COUNTY, abandon in place any and all of LICENSEE's equipment and personal property, whereupon, as abandoned, title to said improvements will vest in the COUNTY.
17. Tower Analysis
(a) If additional antennas, microwave dishes and/or equipment are to be added to an existing tower, or if a structure other than a tower will be used to support a communication system, the COUNTY will perform the tower/structural analysis. All cost associated with the analysis will be the responsibility of the LICENSEE.
(b) If it is determined that the addition of the LICENSEE's equipment would result in the tower or structure being overloaded, the LICENSEE shall be responsible for all costs and work necessary to bring the tower/structure into compliance prior to installation of LICENSEE's equipment. LICENSEE shall have the right to terminate this License without penalty if structural analysis reveals the costs to bring the tower/structure into compliance to be excessive.
18. Electrical and Heat Load Analysis
(a) Prior to deployment of electronic equipment, the COUNTY will conduct an electrical and heat load analysis to determine if any electrical upgrades are required to maintain optimal performance for the facility. All cost associated with the analyses will be the responsibility of the COUNTY.
(b) If the COUNTY and LICENSEE mutually agree an upgrade is necessary to either the electrical system(s), the LICENSEE is responsible for all upgrades and costs associated with the upgrade to meet the commercial power, emergency power and heat load requirements.
19. Contract Support
COUNTY has the right to refuse LICENSEE's choice for contract support for equipment located on the radio tower provided, however, that such refusal shall not be unreasonably withheld. LICENSEE will provide and maintain updated contact information including
names, business phone numbers, after hours contact phone numbers and cell phone numbers for all staff members providing maintenance/repair support.
20. Utilities
COUNTY shall provide, and pay for, all electrical services, including stand-by emergency and commercial electrical power services, for all site communication facilities except for upgrades related to LICENSEE's equipment.
21. FCC Licenses
LICENSEE shall provide all FCC licenses to the COUNTY's Communications Site Manager along with its application. LICENSEE shall insure that the license is kept current along with all contact information.
22. Radio Frequency Radiation (RFR)
(a) The COUNTY will conduct field testing after installation to certify and document RFR maximum permissive emission (MPE) standards established by the Federal Communications Commission (FCC) OET Bulletin 65 and FCC CFR 47 Part 1.1307.
LICENSEE will be responsible for all costs associated with all field testing required prior to final approval of this Agreement.
(b) Should additional equipment be required after this Agreement has been approved, LICENSEE will be responsible for all costs associated with additional field testing and RFR surveys for the additional equipment.
(c) Should the RFR studies demonstrate that the addition of LICENSEE's equipment causes the overall site RFR levels to exceed current exposure levels set forth by the FCC, LICENSEE must take action within 72 hours, and is responsible for all mitigation costs associated with such action to the return site to compliance with the FCC. (d) Prior to any field installation activity, the LICENSEE certifies herein that all personnel gaining access to the Premises have received RFR safety awareness training and tower climbers have been qualified. LICENSEE shall provide copies of certifications to Riverside COUNTY Communication Site Manager.
23. Interference
(a) LICENSEE's equipment shall not disturb or interfere with the communications equipment and uses which exist on COUNTY's property and/or the Premises, and LICENSEE in the operation of LICENSEE's equipment shall comply with all non-interference rules of the Federal Communications Commission (FCC). LICENSEE agrees to make no changes to its operating equipment frequencies, without prior written approval of COUNTY, which approval shall not be unreasonably withheld, delayed or conditioned. It shall not be unreasonable for such approval by COUNTY to be withheld, delayed or conditioned if such changes will result in interference with the communications equipment and uses which exist on COUNTY's Premises on the date of the changes. LICENSEE agrees to maintain all its equipment to operate within the manufacturers and FCC specifications.
(b) The COUNTY shall conduct intermodulation studies prior to LICENSEE activating their equipment. LICENSEE shall be responsible for eliminating any potential intermodulation problems. For site-specific information, contact the COUNTY Communication Site Manager.
(c) In the event LICENSEE's installation, or operation, in any way hinders, obstructs, or interferes with the radio or electronic equipment of the COUNTY, or any permitted occupant, at the COUNTY's facility, LICENSEE shall, at its sole cost and expense, immediately cease the interfering installation or operation. In the event of LICENSEE's inability or refusal to cease such interference within 72 hours, COUNTY may at its option, terminate this Agreement and evict LICENSEE.
(d) Any interference and compatibility testing required hereunder for radio interference with other equipment at the COUNTY's facility, by such equipment installed, or by changes to said equipment, shall be made at the sole cost of LICENSEE by the COUNTY of Riverside. If the test is satisfactory to the COUNTY representative, a certification of such test signed by both the LICENSEE and the COUNTY representative will be forwarded to the COUNTY at locations indicated in the section titled "Notices". All costs incurred by the COUNTY to conduct compatibility testing will be reimbursed to the COUNTY by LICENSEE within thirty (30) days of the receipt of a bill from the COUNTY. Should payment not be received, COUNTY may at its option, terminate this Agreement and evict the LICENSEE.
(e) COUNTY shall require compliance with provisions substantially the same as in this Section by all future LICENSEEs, or other parties granted or given rights to install or operate communications or other radio frequency transmitting equipment on the Premises. (f) The COUNTY will perform pre-installation engineering studies to predict potential interference from LICENSEE's equipment. The results may be distributed by COUNTY to existing tenants or LICENSEEs at COUNTY's discretion. COUNTY shall require its existing tenants/LICENSEES to cooperate with LICENSEE in performing these engineering studies. This shall include providing LICENSEE all data necessary to perform the engineering study, including the tenants' transmitting frequencies, receiving frequencies, antenna pattern data and antenna model, antenna azimuth, transmit power level, transmitter and receiver technical specifications, and any radio frequency filtering devices being used.
(g) The COUNTY will conduct a pre-operational test to determine whether any actual interference will be caused by the operation of LICENSEE's equipment. The COUNTY shall notify all existing tenants of its intent to conduct the test and shall determine a date for the test jointly with existing tenants. LICENSEE and the participating tenants shall jointly agree on the duration, procedures and success criteria of the test, except that the test duration shall not be longer than 24 consecutive hours.
(h) If LICENSEE or LICENSEE's equipment causes interference to other FCC LICENSEEs, LICENSEE shall take all steps necessary to correct or eliminate such interference.
LICENSEE agrees to cure a case of interference within 72 hours upon notification. Notice will include verifiable evidence of interference, provided to LICENSEE by COUNTY or by any site supervisor of COUNTY; COUNTY may require that LICENSEE temporarily cease operation of its equipment, provided that it is determined conclusively that the interference is caused by the improper operation or malfunction of LICENSEE's equipment, until such interference be cured or eliminated. Without restricting LICENSEE's obligations under this Agreement, LICENSEE indemnifies COUNTY against all liability for interference to all COUNTY's tenants' equipment caused by improper operation of LICENSEE's or LICENSEE's equipment.
24. Workmanship Standards
The installation and maintenance of the electronic equipment of LICENSEE shall be performed in a neat and workmanlike manner and shall conform in all respects to the fire, safety and construction standards deemed applicable to such installation by the COUNTY and be satisfactory to COUNTY. All electronic equipment will be installed according to Exhibit "E", COUNTY of Riverside Site Installation Standards attached hereto and incorporated herein by this reference.
25. Employees and Agents of LICENSEE
Except for any work performed under that certain Statement of Work Between City of Corona and PSEC, it is understood and agreed that all persons hired or engaged by LICENSEE shall be considered to be employees or agents of LICENSEE and not of COUNTY.
26. Permits, Licenses and Taxes
(a) LICENSEE shall secure, at its expense, all necessary permits and licenses as it may be required to obtain, and LICENSEE shall pay for all fees and taxes levied or required by any authorized public entity. LICENSEE recognizes and understands that this Agreement may create a possessory interest subject to property taxation and that LICENSEE may be subject to the payment of property taxes levied on such interest. COUNTY will cooperate with LICENSEE at no expense to COUNTY, in LICENSEE's effort to obtain such approvals in connection with said permits, licenses or other approvals. (b) If personal property taxes are assessed, LICENSEE shall pay any portion of such taxes directly attributable to LICENSEE's equipment. LICENSEE acknowledges that this Agreement may create a possessory interest that will subject the property to taxation, and further agrees to pay any such obligation. The Land is, and shall remain, tax exempt as long as COUNTY of Riverside remains the owner of the Land. COUNTY shall pay all real property taxes, assessments and deferred taxes on the property.
27. Compliance with Laws
LICENSEE shall, at LICENSEE's sole cost and expense, comply with the requirements of all local, state and federal statutes, laws, regulations, rules, ordinances and orders now in force or which may be hereafter in force, pertaining to the Premises and use of the
Premises as provided by this Agreement. The final judgment, decree or order of any Court of competent jurisdiction, or the admission of LICENSEE in any action or proceedings against LICENSEE, whether LICENSEE be a party thereto or not, that LICENSEE has violated any such statutes, regulations, rules, or ordinances, or orders, in the use of the Premises, shall be conclusive of that fact as between COUNTY and LICENSEE.
28. Binding on Successors
LICENSEE, its assignees and successors in interest, shall be bound by all the terms and conditions contained in this Agreement, and all of the parties thereto shall be jointly and severally liable hereunder.
29. Waiver of Performance
No waiver by COUNTY at any time of any of the terms and conditions of this Agreement shall be deemed or construed as a waiver at any time thereafter of the same or of any other terms or conditions contained herein or of the strict and timely performance of such terms and conditions.
30. Severability
The invalidity of any provision in this Agreement as determined by a court of competent jurisdiction shall in no way affect the validity of any other provision hereof.
31. Venue
Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the COUNTY of Riverside, State of California, and the parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other COUNTY.
32. Intentionally Deleted
33. Notices
Any notices required or desired to be served by either party upon the other shall be addressed to the respective parties as set forth below or to such other addresses as from time to time shall be designated by the respective parties:
LICENSEE: COUNTY:
City of Corona
Information Technology
Department Attn:
Chris McMasters
400 S. Vicentia Ave, Suite
220, Corona, CA 92882
COUNTY of Riverside
Facilities Management
Real Estate Division
3450 14th Street, Suite 200
Riverside, California 92501
[email protected]
Attn: Deputy Director
34. COUNTY's Representative
COUNTY hereby appoints the Director of Facilities Management as its authorized representative to administer this Agreement.
35. Termination by COUNTY
(a) COUNTY shall have the ability to terminate this Agreement, at any time, by giving written notice to the LICENSEE, a minimum of ninety (90) days prior to the date when such termination shall become effective.
(b) COUNTY shall have the right to immediately terminate this Agreement if:
1) In the event a petition is filed for voluntary or involuntary bankruptcy for the adjudication of LICENSEE as a debtor.
2) In the event that LICENSEE makes a general assignment, or LICENSEE's interest hereunder is assigned involuntarily or by operation of law, for the benefit of creditors.
3) In the event of abandonment of the Premises by LICENSEE. 4) In the event LICENSEE fails or refuses to meet its rental obligation, or any of them, hereunder or as otherwise provided by law.
5) In the event LICENSEE fails or refuses to perform, keep or observe any of its duties or obligations hereunder; provided, however, that LICENSEE shall have sixty (60) days in which to correct its breach or default after written notice thereof has been sent to LICENSEE by COUNTY, unless otherwise indicated in Section 37 Default.
A sixty (60) day cure period shall not apply to Section 6 Rent.
36. Termination by LICENSEE
(a) LICENSEE shall have the right to terminate this Agreement in the event COUNTY fails to perform, keep or observe any of its duties or obligations hereunder; provided, however, that COUNTY shall have sixty (60) days in which to correct its breach or default after written notice thereof has been served on it by LICENSEE; provided, further, that in the event such breach or default is not corrected, LICENSEE may elect to terminate this Agreement in its entirety, and such election shall be given by an additional ninety (90) days written notice to COUNTY.
(b) LICENSEE shall have the ability to terminate this Agreement, at any time, by giving written notice to the COUNTY a minimum of ninety (90) days prior to the date when such termination shall become effective.
37. Default
(a) The following shall be deemed events of default by LICENSEE under this Agreement:
1) The Rent provided for in this Agreement remains unpaid for thirty (30) days after written notice that the rent is overdue.
2) LICENSEE fails to comply with any of the terms, conditions and covenants herein, (except Section 23 Interference, which shall govern in the event of frequency interference) and does not cure such default within forty-five (45) days after written notice thereof to LICENSEE or, if such default cannot be cured within the fortyfive (45) day period with reasonable diligence and in good faith, LICENSEE does not cure such default within sixty (60) days after the date of such notice. 3) The non-renewal, revocation or cancellation of the construction permit and/or license issued to LICENSEE by the FCC and/or, CPUC, or any other federal, state or local authority, for purposes of conducting its communications operation at the Premises.
38. Quiet Enjoyment
LICENSEE shall have, hold and quietly enjoy the use of the Premises so long as it shall fully and faithfully perform the terms and conditions that it is required to do under this Agreement.
39. Free From Liens
LICENSEE shall pay, when due, all sums of money that may become due for any labor, services, material, supplies, or equipment, alleged to have been furnished or to be furnished to LICENSEE, in, upon, or about the Premises, and which may be secured by a mechanics', materialmen's or other lien against the property of COUNTY or COUNTY's interest therein, and will cause each such lien to be fully discharged and released at the time the performance of any obligation secured by such lien matures or becomes due; provided, however, that if LICENSEE desires to contest any such lien, it may do so, but notwithstanding any such contest, if such lien shall be reduced to final judgment, and such judgment or such process as may be issued for the enforcement thereof is not promptly stayed, or if so stayed, and said stay thereafter expires, then and in such event, LICENSEE shall forthwith pay and discharge said judgment.
40. Insurance.
Without limiting or diminishing the Licensee’s obligation to indemnify or hold the COUNTY harmless, Licensee shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage's during the term of this Agreement. As respects to the insurance section only, the COUNTY herein refers to the County of Riverside, its Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insureds.
A. Workers' Compensation: If the LICENSEE has employees as defined by the State of California, the LICENSEEE shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers' Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive subrogation in favor of The County of Riverside. Policy shall name the COUNTY as Additional Insureds.
B. Commercial General Liability: Commercial General Liability insurance coverage, including but not limited to, premises liability, unmodified contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of LICENSEE’S performance of its obligations hereunder. Policy shall name the COUNTY as Additional Insured. Policy's limit of liability shall not be less than $2,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. Policy shall name the COUNTY as Additional Insureds.
C. Vehicle Liability: If vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then LICENSEE shall maintain liability insurance for all owned, non-owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. Policy shall name the COUNTY as Additional Insureds.
D. General Insurance Provisions – All Lines
1. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A.M. BEST rating of not less than A: VIII (A:8) unless such requirements are waived, in writing, by the County Risk Manager. We are no longer suggesting that coverage must be written with “admitted” markets. In recent years, an increasing percentage of coverage has moved to surplus lines markets that are “licensed” to conduct business, but not “admitted”. These non-admitted markets may offer customized forms and better coverage and better pricing than admitted markets. But a non-admitted market may not be supported by a state’s insolvency fund. As a result, you may consider asking for a higher financial size rating as an indication of a non-admitted insurer’s financial capacity.
2. The LICENSEE must declare its insurance self-insured retention for each coverage required herein. If any such self-insured retention exceed $500,000 per occurrence each such retention shall have the prior written consent of the County Risk Manager before the commencement of operations under this Agreement. Upon notification of self-insured retention unacceptable to the COUNTY, and at the election of the County's Risk Manager, LICENSEE'S carriers shall either; 1) reduce or eliminate such self-insured retention as respects this Agreement with the COUNTY, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses.
3. LICENSEE shall cause LICENSEE'S insurance carrier(s) to furnish the County of Riverside with either 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, and 2) if requested to
do so orally or in writing by the County Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that a minimum of thirty (30) days written notice shall be given to the County of Riverside prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. If LICENSEE insurance carrier(s) policies does not meet the minimum notice requirement found herein, LICENSEE shall cause LICENSEE'S insurance carrier(s) to furnish a 30 day Notice of Cancellation Endorsement.
4. In the event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage's set forth herein and the insurance required herein is in full force and effect. LICENSEE shall not commence operations until the COUNTY has been furnished original Certificate (s) of Insurance and certified original copies of endorsements and if requested, certified original policies of insurance including all endorsements and any and all other attachments as required in this Section. An individual authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the Certificate of Insurance.
5. It is understood and agreed to by the parties hereto that the LICENSEE'S insurance shall be construed as primary insurance, and the COUNTY'S insurance and/or deductibles and/or self-insured retention's or self-insured programs shall not be construed as contributory.
6. If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services; or, there is a material change in the equipment to be used in the performance of the scope of work; or, the term of this Agreement, including any extensions thereof, exceeds five (5) years; the COUNTY reserves the right to adjust the types of insurance and the monetary limits of liability required under this Agreement, if in the County Risk Management's reasonable judgment, the amount or type of insurance carried by the LICENSEE has become inadequate.
7. LICENSEE shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement.
8. The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance acceptable to the COUNTY.
9. LICENSEE agrees to notify COUNTY of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.
41. Acceptance of Premises
COUNTY represents that it has no knowledge of hazardous materials on the Premises or the Property or nearby, nor does it have knowledge of spilled materials, underground fuel storage tanks, septic or drain fields or buried wastes on or within the Premises or Property.
LICENSEE, at their option and sole cost, may conduct a Phase I Hazardous materials study and COUNTY agrees to cooperate in completion of such study. Otherwise, LICENSEE accepts the Premises "As Is" and acknowledges that COUNTY has made no representation concerning the fitness of the Premises for the use intended by LICENSEE. LICENSEE agrees to keep the Premises free of hazardous materials contamination and shall store and use fuels, lubricants, batteries and other similar materials in a safe, code complaint manner, and assumes full responsibilities for such materials use within the Premises.
42. Hold Harmless
LICENSEE shall indemnify and hold harmless the COUNTY of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives (individually and collectively hereinafter referred to as "lndemnitees") from any liability to the extent legally permissible by Government Code Section 14662.5 based or asserted upon any services or act or omission of LICENSEE, its officers, employees, subtenants, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever arising from the performance of LICENSEE, its officers, employees, subtenants, agents or representatives lndemnitors from this Agreement except to the extent caused by the negligent or intentional act of the COUNTY. LICENSEE shall defend, at its sole expense, all costs and fees including, but not limited, to attorney fees, cost of investigation, defense and settlements or awards, the lndemnitees in any claim or action based upon such alleged acts or omissions.
(a) With respect to any action or claim subject to indemnification herein by LICENSEE, LICENSEE shall, at their sole cost, have the right to use counsel of their own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of COUNTY; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes LICENSEE'S indemnification to lndemnitees as set forth herein.
(b) LICENSEE'S obligation hereunder shall be satisfied when LICENSEE has provided to COUNTY the appropriate form of dismissal relieving COUNTY from any liability for the action or claim involved.
(c) The specified insurance limits required in this Agreement shall in no way limit or circumscribe LICENSEE'S obligations to indemnify and hold harmless the lndemnitees herein from third party claims.
(d) In the event there is conflict between this clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code Section 2782. Such interpretation shall not relieve the LICENSEE from indemnifying the lndemnitees to the fullest extent allowed by law.
43. Assignment
(a) LICENSEE cannot assign, sublet in any manner any of its rights, duties or obligations hereunder to any person or entity without the advance written consent of COUNTY. (b) LICENSEE shall not have the right to assign, sublease or otherwise transfer in any manner this Agreement or any interest in the Premises and its rights herein, in whole or in part, without COUNTY's advance written consent.
(c) LICENSEE shall not mortgage, hypothecate or otherwise encumber the land or the Premises of COUNTY, or allow a lien to be placed on the property but may pledge or substitute its physical assets (the tower structure, shed, fixtures, radio equipment and antennae) as collateral on any financing instrument.
(d) COUNTY may mortgage its land but shall not encumber any of the physical assets of LICENSEE or any license.
(e) LICENSEE reserves the right to substitute other State of California agencies, and such substitution shall not be considered an event of assignment or sublease pursuant to this paragraph; provided, however, that LICENSEE provides COUNTY with advanced written notice of such substitution.
44. Hazardous Materials
(a) LICENSEE agrees to abide by all federal, state and local environmental laws, rules, regulations, ordinances, judicial or administrative decrees, orders, decisions, authorizations or permits pertaining to the protection of human health and/or the environment.
(b) LICENSEE shall not cause or permit any hazardous material to be brought upon, kept or used in or about the Premises by LICENSEE, its agents, employees, contractors or invitees, except batteries in type and configuration approved by COUNTY, coolants used for cooling systems and reasonable amounts of cleaning supplies or materials usually used within the Premises, provided, however, such supplies or materials are reasonable.
Except as provided herein, LICENSSEE shall not cause or permit any other material classified as hazardous to be brought upon, kept or used in or about the Premises by LICENSEE, its agents, employees, contractors or invitees, without the prior written consent of COUNTY, which consent shall not be unreasonably withheld so
long as LICENSEE demonstrates to COUNTY's reasonable satisfaction that such hazardous material is necessary to LICENSEE's use of the Premises. (c) During the term of this Agreement and any extensions thereof, LICENSEE shall not violate any federal, state or local law, or ordinance or regulation, relating to industrial hygiene or to the environmental condition on, under or about the Premises including, but not limited to, soil and groundwater conditions. Further, LICENSEE, its successors, assigns and sublicensee's, shall not use, generate, manufacture, produce, store or dispose of on, under or about the Premises or transport to or from the Premises any flammable explosives, asbestos, radioactive materials, hazardous wastes, toxic substances or related injurious materials, whether injurious by themselves or in combination with other materials (collectively, "hazardous materials").
(d) As used herein, the term "hazardous material(s)" also means (a) any hazardous waste as defined by the Resource Conservation and Recovery Act of 1976, as amended from time to time, and regulations promulgated thereunder; (b) any hazardous substance as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980 and the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65), as amended from time to time, and regulations promulgated thereunder; (c) any oil, petroleum products and their by-products; and (d) any substance which is or becomes regulated by any federal, state or local governmental authority. Any substance which is exempt from regulation under the definitions or
exemptions in any of the statutes, regulations or ordinances referenced herein is also excluded from the provisions of this Agreement.
(e) COUNTY and LICENSEE agree that any hazardous material permitted on the Premises or the Property of which it is part and all containers therefore shall be used, kept, stored and disposed of in a manner that complies with all applicable federal, state and local laws or regulations pertaining to any such hazardous material, and shall not cause public or private nuisance or trespass.
(f) Upon termination of this Agreement and at the written request of COUNTY, LICENSEE, at its sole cost and expense, shall remove in the manner required by law any storage tanks or other hazardous materials located upon the Premises solely as a result of LICENSEE's actions or the actions of LICENSEE's agents, employees, contractors or invitees.
45. Entire Agreement
This Agreement is intended by the parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements, licenses and understandings, oral or written, in connection therewith. This Agreement may be changed or modified only upon the written consent of the parties hereto.
46. Interpretation of Agreement
The parties hereto negotiated this Agreement at arm's length and with the advice of their respective attorneys, and no provisions contained herein shall be construed against COUNTY solely because it prepared this Agreement in its executed form.
47. Future User's Obligation
In the event COUNTY permits other parties to use space at the Premises who are not presently occupying such space and such future parties' equipment causes interference with LICENSEE's equipment, COUNTY shall require such future parties to eliminate such interference at the earliest possible time.
48. Supersedes Prior
Effective upon acceptance and occupancy of this space hired herein, this Agreement supersedes and voids any prior license or lease between the COUNTY and the LICENSEE identified in this Agreement in regard to the Premises.
49. Subrogation
The LICENSEE and COUNTY each agree that the LICENSEE will be responsible for LICENSEE owned equipment located at the Premises and the COUNTY will be responsible for the COUNTY owned property of which the Premises is a part of and each party hereby waives their right of recovery against the other as a result of any loss or damage to the respective property located at the Premises regardless of the proximate cause of said loss or damage.
50. Essence of Time
Time is of the essence for each and all of the terms and provisions of this Agreement and shall extend to and be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and assigns to the respective parties hereto.
51. Mode of Execution.
This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act (("CUETA") Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The parties further agree that the electronic signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties.
For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.
52. Counterparts
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto as of the date written below.
COUNTY:
COUNTY OF RIVERSIDE, a political
subdivision of the State of California
LICENSEE:
City of Corona,
a California municipal corporation
By:
Chairman, Board of Supervisors
Date:
By:
City Manager
Date:
By:
RIVERSIDE COUNTY PUBLIC SAFETY
ENTERPRISE COMMUNICATIONS STEERING
COMMITTEE CHAIR
Date:
APPROVED AS TO FORM:
County Counsel, Minh C. Tran
By:
Ryan Yabko
Deputy County Counsel
Date:
EXHIBIT A
Legal Description/Depiction
Exhibit "A"
Legal Description
Cajalco B Communication Site
All that portion of the Northeast¼ of Section 10, Township 4 South, Range 6 West, San Bernardino Meridian, in the County of Riverside, State of California, according to the Official Plat thereof, described as follows:
Commencing at the Southwest corner of said Northeast ¼ of Section 10 as shown on Record of Survey filed in Book 123, pages 58-68 inclusive, in the Office of the County Recorder of said County;
thence South 89°08'14" East along the South line of said Northeast¼ of Section 10, a distance of 88.29 feet to a point on the Northwesterly right-of-way line of the 150' wide Metropolitan Water District Lower Feeder, as shown on said Record of Survey; thence North 55°18'04" East, along said Northwesterly right-of-way line, a distance of 35.93 feet to the True Point of Beginning being the intersection of said Northwesterly right-of-way line of the 150' wide Metropolitan Water District Lower Feeder and the Westerly right-of-way line of a 50' wide road easement per Document number 1986-253466 OR; thence North 79°12'00" West, perpendicular to the centerline of said 50' wide road easement, a distance of 100.00 feet;
thence North 10°48'00" East, parallel to the centerline of said 50' wide road easement, a distance of 100.00 feet;
thence South 79°12'00" East, perpendicular to the centerline of said 50' wide road easement, a distance of 100.00 feet to a point on the Westerly right-of-way line of said 50' wide road easement;
thence South 10°48'00" West, along the Westerly right-of-way line of said 50' wide road easement, a distance of 100.00 feet to the True Point of Beginning.
Subject to all other easements and offers of dedication of record.
As shown on Exhibit "B" attached hereto and by this reference made a part hereof.
Prepared by:
Steve A. Leja - PLS 5933
Expires 12/31/2010
Leja Surveying Corp
Legend
County Boundary
City Boundaries
Parcels, County
County Centerline Names
*IMPORTANT* Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. 0 1,
065
2,131 Feet REPORT PRINTED ON...7/3/2025 12:01:26 PM © Riverside County GIS Notes
APN: 278-150-005
Cajalco Communication Site
4230 Eagle Canyon Rd, Corona 92881
EXHIBIT B
Technical Data Sheet
Site Name Cajalco Application Type New Modification Date 9/23/24 County Site Manager Trish Byrd Latitude 33 83 65.50N
[email protected] Longitude 117 49 28.98W Site Description
The Site consists of the telecommunications tower and equipment pad located in the City of Corona, COUNTY of Riverside, CA.:
Address 4230 Eagle Canyon Road Corona
Legal Description
(if available)
CUSTOMER SITE INFORMATION
Customer Name/Org Corona Fire
Customer Site Name Cajalco Customer Site Num CR0410
Summary of Work to be completed on Site:
Add one GTR repeater in the rack assigned and one antenna to the tower at the 50 foot level.
PROJECT CONTACT INFORMATION
Primary Contact Jim Aukerman Only POC for Deliverables
Company/Organization Corona Fire
Address, City, State, Zip 735 Public Safety Way Corona, CA 92878 Office Phone 951-279-3702 Email [email protected] Cell 951-314-0654
CUSTOMER ADDITIONAL CONTACT INFORMATION
Firm or Contact Name Email Phone
RF Engineer
Construction PM
Other
DELIVERABLES TO BE SENT TO
Agreement Draft/Final
Company / Organization PSEC
Address 7195 Alessandro Blvd
Legal Entity Name County of Riverside
Signatory Full Name/Title
Address, City, State, Zip
Attn: Full Name
NOTE: Based on customer requirements, the following analyses may be required, for which the customer will be responsible for all costs:
Radio Frequency Radiation Study (required by FCC Regulation) Tower Analysis Electrical Analysis
BTU Analysis Intermodulation Studies
GROUND SPACE REQUIREMENTS
Dimensions Length (ft) Width (ft) Height (ft) Or Sq. Ft Primary Contiguous License Area
Minimum space required if requested area not available
Inside Shelter Floor DIMS Needed
Custom Shelter Dimensions
Pad for Shelter Dimensions
Stoop Dimensions
Outdoor Cabinets Dimensions
Pad for Cabinets Dimensions
RACK SPACE REQUIREMENTS
(application will not be considered complete without Equipment Information) Equipment Manufacturer(s) Equipment Measurements
GTR 8000 Motorola repeater 4 RU
BACKUP POWER REQUIREMENTS
GENERATOR NOT REQUIRED PSEC Shared Generator Shared Generator Peak Usage Requested (kw) Customer Generator Location Inside Custom Shelter Inside or Outside Primary Lease Space Manufacturer Make/Model
Fuel Type Capacity (kw)
Add’l lease area required for backup power Dimensions
Pad for Generator Dimensions
Fuel Tank Tank Size (gal) Dimensions
Pad for Fuel Tank Dimensions
Notes:
FOR COUNTY SITE MANAGER USE
Setback Requirements:
SECONDARY GROUND LEASE AREA REQUIREMENTS
(i.e. for additional dish, antenna, etc., beyond area describe above) Will supplementary ground space be needed to accommodate additional equipment? Yes No If yes, please identify the dimensions for the additional area Minimum space required if requested area not available
Additional equipment – please describe, if other than generator described above
Additional equipment description
Ground space notes (if additional area needed beyond that indicated above, please note here):
POWER/TELCO REQUIREMENTS
Power provided by Utility Company Direct County Provided Avg Monthly Power Consumption KWH units Telco/Interconnect Requirements POTS T1 Microwave Fiber Optic
TRANSMITTER SPECIFICATIONS (& RECEIVER)
If Transmit antenna are requested below 30’, Applicant will be required to pay for a RF Field Study.
Transmitter/Receiver Type GTR 8000
Qty of Transmitters/Receivers 1
Manufacturer Motorola
Type & Model GTR 8000
Type of Technology
Tx Power Output 50 W
ERP (watts) 50 W
Electric Service Req’d
(amps/volts) 20 AMP
ANTENNA EQUIPMENT SPECIFICATION
Equipment Type BA1010
Installation Status
RAD Center AGL (ft) 40
Equip Mount ht (ft) 30
Equip Mount Type
Equip Manufacturer
Equip Model # BA 1010
Equip Dimensions (HxWxD) (ft or in)
Equip Weight (per item, in lbs)
Equip Quantity
Azimuths/Direction of Radiation Omni
Qty in each azimuth/sector 1
TX Frequency
RX Frequency
Is equip using unlicensed frequencies?
Antenna Gain 0 dBm
Total # of lines for equipment in column 1
Line Qty in each azimuth / sector
Line Type
Line Diameter / Size 5/8”
Removing Equipment (if applicable)
Additional Installation Notes:
EXHIBIT C
Ingress Procedures
COUNTY of Riverside Cajalco Communications Facility
Primary Contact Number - 24/7/365 - After Hours Line (951) 955-3580 Contact Names and Numbers:
1. Check in - check out procedure
• Central call-in number for site personnel
Installers/techs to provide work authorization number provided by COUNTY prior to work performed.
2. Ingress Procedures
To access the Site, contact the PSEC Radio Maintenance Group at 951-955-3580 pursuant to the advanced notice requirements prescribed below. Prior to the commencement of any Work on the Tower Facility, LICENSEE shall have all individuals working on the site cleared through the Riverside Sheriff's Office background process. The LICENSEE shall contact the PSEC Site manager for pre-approval. The LICENSEE shall have the right of ingress to and egress from said Premises.
This number is to be used during regular business hours and after hours. Our regular business hours are:
Mon-Thurs 7:00 AM - 4:30 PM
Fri 7:00 AM - 3:30 PM
Closed the Following Holidays: New Year's Day, Martin Luther King Day, Lincoln's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving, day after Thanksgiving, Christmas Day.
When Christmas or New Year's Day falls on a Tuesday, the COUNTY will be closed the day before the holiday. When Christmas or New Year's Day falls on a Thursday, the COUNTY will be closed the day after the holiday.
Ingress Procedures - Scheduled Maintenance, Regular Business Hours Contact the PSEC Radio Maintenance Group (Radio Shop) three (3) business days prior to the scheduled work to be performed. Notify the Radio Shop of the estimated duration and nature of the scheduled work, the number of personnel to be on site, and the number of vehicles expected to be used.
Ingress Procedures - Scheduled Maintenance, After-Hours Contact the Radio Shop three (3) business days prior to the maintenance work to notify them of the estimated time and nature of the scheduled work, the number of personnel to be on site, and the number of vehicles expected to be used.
Ingress Procedures - Scheduled System Outage, Regular Business Hours Contact the Radio Shop five (5) business days prior to the outage. Notify them of the nature of the outage, the estimated time repair personnel will be on site, and the estimated number of staff and vehicles that will be required.
Ingress Procedures - Scheduled System Outage, After-Hours
Contact the Radio Shop five (5) business days prior to the outage. Notify them of the nature of the outage, the number of personnel and vehicles required to make the necessary repairs, and the estimated time and duration of the site visit.
Ingress Procedures - Unscheduled System Outage, Regular Business Hours Contact the Radio Shop as soon as you are aware of the outage. Notify them of the nature of the outage, the estimated time repair personnel will be on site, and the estimated number of staff and vehicles that will be required.
Ingress Procedures - Unscheduled System Outage, After-Hours Contact the Radio Shop as soon as you are aware of the outage. Notify them of the nature of the outage, the estimated time repair personnel will be on site, and the estimated number of staff and vehicles that will be required.
EXHIBIT D
Installation Standards
Table of contents
Overview ...............................................................................................................................................................................2 General Requirements .........................................................................................................................................................2 Safety .................................................................................................................................................................................... 2 Cabinet and Equipment Rack Installation Standards................................................................................................... 3 Equipment Installation within Racks or Cabinets ..........................................................................................................3 Cabling Requirements for Equipment in Racks and Cabinets......................................................................................5 Communication Cabling Requirements for Plenums and Other Air-Handling Spaces .............................................6 Antenna-Installation Installation and Removal of Antennas and Cables................................................................... 7 RF Transmission Line and Preamplifier Grounding...................................................................................................... 8 Microwave Dish Installation ...............................................................................................................................................9 Documentation ......................................................................................................................................................................10 Surge Protection Devices (SPDS).......................................................................................................................................10 RF Surge Protection Devices.............................................................................................................................................. 11 AC/UPS Power Specifications............................................................................................................................................. 11 Grounding Installation check list......................................................................................................................................11 Grounding Routing..............................................................................................................................................................11 Tenant Communication...................................................................................................................................................... 12 Check in - check out procedure ........................................................................................................................................ 12 Ingress Procedures .............................................................................................................................................................. 12 Ingress Procedures - Scheduled Maintenance, Regular Business Hours...................................................12 Ingress Procedures - Scheduled Maintenance, After-Hours.........................................................................12 Ingress Procedures - Scheduled System Outage, Regular Business Hours .............................................. 13 Ingress Procedures - Scheduled System Outage, After-Hours .................................................................... 13 Ingress Procedures - Unscheduled System Outage, Regular Business Hours ..........................................13 Ingress Procedures - Unscheduled System Outage, After-Hours................................................................13 Site Logbook......................................................................................................................................................................... 13 Copy of valid FCC license(s) and COR Technical Data Form posted for location.................................................... 13 JAMIER\15000.11007\10309541.5
2 1. Overview
The County of Riverside ("County") has adopted the Motorola R-56 set standards and requirements for the installation of communications equipment, infrastructure and the way a
communications site is managed, controlled, and operated.
All tenants located in a communications site shall follow all requirements set forth in this document and the Motorola R56 standard. All requirements are essential to protect personnel, minimize component failure, and optimize
performance.
2. General Requirements
These general requirements have been put in place to improve personal safety and to prevent equipment damage. They establish minimum requirements for grounding, safety, equipment installation, conduct, maintenance, and all other requirements necessary for a successful installation. These procedures relate to safe operations that will be followed during installation and maintenance of communications equipment and antenna systems. The County site procedures and standards shall prevail over contractor accepted practices and standards, unless otherwise agreed to in writing, and safety standards are maintained or exceeded. Contractors must follow the standards and requirements for all sites accessed. The conduct of contractors will be controlled and coordinated by the Riverside County Communications Site Manager ("Site Manager''). All contractors, whether County of Riverside controlled or contracted directly with the outside vendor, must follow specific procedures and coordinate all installations and approvals with the Site Manager.
3. Safety
All County employees, contractors, and other personnel working at a communications site shall be familiar with the information contained in this document. The County, as a site owner/primary tenant, is responsible for compliance to Federal Communications Commission (FCC) regulation. • All County employees, tenants, contractors, and other personnel shall be required to use an appropriate EME monitoring device when working in the vicinity of fixed transmission sources of RF energy. • All County employees, tenants, contractors, and other personnel shall be required to provide certification that all field technicians have received RFR safety awareness training. • All County employees, tenants, contractors, and other personnel shall be required to provide certification that field technicians have personal protection equipment (PPE) in the form of RF personal monitors. • All tower work shall be performed with personnel trained in this practice and who possess the proper equipment and certifications.
• Fall protection measures shall be observed and implemented on all towers and structures, where climbing is required.
• All applicable regulations regarding tower climbing shall be observed. • Subcontractors shall be required to submit their written Safety Program to the Site Manager and obtain approval prior to commencing any work.
• All tower climbing shall be in accordance with the Fall Protection Program. • OSHA or other applicable Occupational Safety and Health standards/regulations shall be observed and followed in all phases of tower construction and maintenance. Proper documentation must be on file with County.
• All tower climbing crews shall provide copies of tower climbing and safety certification to the county prior to climbing the tower.
• In case of a fire at the communication site, the fire department shall be notified as soon as a fire is
3 discovered. Notification shall not be delayed in order to assess the results of firefighting effort using onsite fire extinguisher.
4. Cabinet and Equipment Rack Installation Standards
The County communication facilities are designed to utilize both open and closed rack mounting for equipment installations. Floor spacing and electrical outlet spacing in cable trays follow this pattern, which is designed to maximize the amount of equipment within the available floor space. All approved racks, cabinets, electrical ("If Available") and cable tray for the specified communications site will be provided and installed by the County of Riverside per County standards unless otherwise specified or on a case by case basis. If tenant provides their own rack or cabinet it shall be installed per County standards, which include but are not limited to:
• Bonding to the MGB- (Master Ground Bar)
• Bonding to SSGB- (Sub System Ground Bus Bar)
• Bonding to RGB - (Rack Ground Bar)
• Bonding to ground bus conductor
• Bonding to communication bonding backbone conductors and grounding equalizer conductors. • Approved welded rack or cabinet, based on the equipment specifications. • Insulation pad/Isolated Grommets.
• Hilti Anchor-Specified for seismic (Zone 4) Part#HSL-3-B, M12 • A 36-inch side aisle shall be maintained around electrical panel boards (NFPA 70-2005, Article 110.26). • A 36 to 48-inch front, side, and (where applicable) rear aisles are required for servicing interior mounted air conditioners (NFPA 70-2005, Article 110.26, ASHRAE). • A 36-inch aisle shall be maintained in front of all telephone switching equipment and/or demarcation cabling. A 36-inch aisle shall be maintained in situations where there is telephone switching equipment and/or demarcation cabling on both sides of the aisle (NFPA 70-2005, Article 110.72). • A 36-inch minimum workspace shall be maintained on all non-egress or aisle ways without equipment described in this section.
• A 36-inch aisle shall be maintained between at least one end of an equipment row and building wall or other obstruction; longer aisles may require additional access breaks. Larger aisles and additional access breaks in a row may be required as the row becomes longer, such that a fire in the aisle does not prevent egress.
5. Equipment Installation within Racks or Cabinets
Prior to the installation of equipment in a communication site, the County shall perform a BTU and electrical load analysis making sure there is sufficient power and AC for the entire facility. If electrical or AC needs to be upgraded to support any additional equipment, the tenant will be responsible for all associated costs, tenant must provide
the county all load, electrical and BTU
requirements for each piece of
equipment prior of installation.
• All cabling within racks and cabinets shall
conform to the requirements of NFPA
70-2005, Article 300, Article
800, Article 810, Article 820, and
Article 830.
• (See ANSI/TIA/EIA-568(c) and 569(c)
and NECA/BICSI 568-2001 for
additional information.)
Every transmitter on site shall be
equipped with a dual-stage isolator with
second harmonic filter or bandpass
cavity on the isolator output. Strong IM
can be generated from the transmitter
4 power amplifier(PA). The dual-stage isolator greatly reduces the amount of external frequency energy entering a transmitter PA and consequently, the level of IM generated. Jacketed heliax transmission lines and type N connectors shall be used instead of RG-8 cable and UHF connectors. Where two or more transmit frequencies are combined to one antenna, connectors shall be 7/16 inch DIN connectors. Every receiver should have a band pass cavity to prevent strong transmitter signals from swamping the receiver, all transmitters onsite should have sufficient transmitter noise filtering to reduce harmful on-channel noise to all receivers on site. This is best achieved through a bandpass cavity(s) that reduces the on channel transmitter noise below the interference level. All receivers should have bandpass cavities to prevent receivers from being desensitized by nearby strong transmit frequency carriers. • Some radios, when manufactured, are designed to have the antenna connectors and control cables exit to the side. Side-mounted connectors require additional and odd spacing and disrupt designated floor plans. Mounting of this type of equipment, without modification, shall not be permitted in primary site radio facilities. It may however, be permitted with a single-station installation in County facilities other than specified locations and/or County radio facilities. Installation of this type of equipment shall require coordination for facilities under the jurisdiction of other agencies. • Floor space assignments shall be made by Site Manager for locations under county control. Installations of equipment shall be well planned in order to provide a minimum of interference or downtime to system users. All installations or modifications that require the disabling of an operational system shall be coordinated with the proper jurisdiction. All equipment installations shall comply with all local building and electrical codes.
• 25-54 MHz - Transmitters in this range shall have an isolator with a minimum of 20dB reverse isolation followed by a low pass filter and a bandpass cavity setup, which provides a minimum of 20dB of attenuation at 1 MHz from the transmit frequency.
• 66-88 MHz - Transmitters in this range shall have an isolator with a minimum of 25dB reverse isolation followed by a low pass filter and bandpass cavity setup, which provides a minimum of 20dB of attenuation at 1 MHz from the transmit frequency.
• 130-225 MHz - Transmitters in this range shall have a set of isolators with a minimum of 50dB reverse isolation followed by a low pass filter and a bandpass cavity setup, which provides a minimum of 25dB of attenuation at 1 MHz from the transmit frequency.
• 276-284 MHz - Transmitters in this range shall have a set of isolators with a minimum of 50dB reverse isolation followed by a low pass filter and a bandpass cavity setup, which provides a minimum of 25dB of attenuation at 1 MHz from the transmit frequency.
• 400-512 MHz - Transmitters in this
range shall have a set of isolators with
a minimum of 50dB reverse isolation
followed by a low pass filter and a
bandpass cavity setup, which provides
a minimum of 15dB of attenuation at 1
MHz from the transmit frequency.
• 764-960 MHz - Transmitters in this
range shall have a set of isolators with
a minimum of 50dB reverse isolation
followed by a low pass filter and a band
pass cavity setup, which provides a
minimum of 15dB of attenuation at 1
MHz from the transmit frequency.
5 6. Cabling Requirements for Equipment in Racks and Cabinets To help prevent damage or accidental disconnection, cables and conductors shall be secured at intervals of no more than 914 mm (3 ft.). Attachment shall be accomplished in a manner that does not restrict access to the equipment in the rack or cabinet.
• Insulated standoffs are recommended for use in racks or cabinets. The standoffs should be of sufficient length to maintain the proper cable separation.
• Nonmetallic cable ties shall be used to secure cables and conductors. Attachment shall be tight enough to secure cables without crushing or deforming them.
• Nonmetallic cable ties must be cut with flush cut side cuts directly adjacent to the locking tab to prevent sharp protrusions.
• When tenants install their own cabinet or rack all grounding conductors within racks or cabinets shall be routed toward the RGB, MGB, SSGB, or ground bus conductor. Connections to the RGB or ground bus conductor shall always be made with the equipment grounding or tap conductors being routed toward the MGB, SSGB, or RGB.
• Whenever possible, cable groups of different types should maintain 50.8 mm (2 in.) separation when passing through the cabinet housing. When the 50.8 mm (2 in.) separation cannot be maintained at the through the cabinet housing penetration, separation shall be maintained before and after the penetration point. Cables are to be run neatly. Cable management over relay racks and equipment cabinets is accomplished by utilizing cable tray systems. Cable trays provide proper support of cables between cabinets, relay racks and bays of equipment and help maintain adequate separation between the cable groups. The orderly separation and support of cable also simplifies maintenance. All cables installed in cable trays shall
installed in a neatly secure
fashion with all listed
requirements met.
• Cables in racks or cabinets
shall be sized to length, and
shall be installed and routed
neatly and in a workmanlike
manner.
• AC power cords longer than
necessary may be looped
down and back up a rack or
cabinet. Excess lengths of AC
power cord shall not be coiled
on top of racks or cabinets.
• Grounding conductors of all
sizes shall maintain a
minimum bending radius of
203 mm (8 in.). The angle of
any bend shall be not less
than 90 degrees.
6 • The bending radius of CAT-5e cables shall be not less than 10 times the outside diameter of the cable.
Follow the cable manufacturer's recommendations and see ANSI/TIA/EIA-568(c) and CSAT529-1995 for additional information.
• All other cables shall not have
sharp bends which will
damage or degrade the
performance of the cable. The
cable manufacturer's
specifications shall be
followed.
• Cabling in racks or cabinets
shall be grouped according to
function. Groups are defined
as:
o AC power cords
o DC power cables
o Ground conductors
o RF transmission cabling
o Data, control, signal and
timing reference cabling
and telephone cabling
• Cable groups within racks
and cabinets shall be
separated by 50.8 mm (2 in.)
from other cable groups. See
ANSI/TIA/EIA-568(c) and -569(c); and NFPA 70-2005, Articles 800.133, 810.18,820.133 and 830.133 for additional information.
• When practical, cable groups at or in close proximity to equipment chassis should be separated by 50.8 mm (2 in.) or cross at a 90-degree angle.
7. Communication Cabling Requirements for Plenums and Other Air-Handling Spaces • Non-plenum rated power cabling shall not be installed within plenums. Failure to use plenum-rated cables in these areas can result in generation of toxic fumes in the event of a fire. Wiring systems may be installed in ducts specifically constructed to transport environmental air only when such wiring consists exclusively of the following:
o Type Ml (mineral insulated) cable.
o Type MC (metal-clad) cable employing a smooth or corrugated impervious metal sheath without an overall nonmetallic covering.
o Type CMP (communications plenum cable), electrical metallic tubing, flexible metal tubing, intermediate metal conduit, or rigid metal conduit. Flexible metal conduit and liquid-tight flexible metal conduit shall only be permitted in lengths not exceeding 1.22 m (4 ft.), to connect physically adjustable equipment and devices permitted to be in the ducts.
o See NFPA 70-2005, Article 300.22(8) for additional information • Wiring installed in other spaces used for environmental air, such as the area above a suspended ceiling or as otherwise defined in NFPA 70-2005, Article 300.22(C), shall be installed in accordance with NFPA 70-2005, Article 300.22(C). Such wiring methods include using Type Ml (mineral insulated) cable, Type MC (metal-clad) cable without an overall nonmetallic covering, and Type AC (armored cable) cable.
See NFPA 70-2005, Article 300.22(C) for additional information.
7 8. Antenna-Installation Installation and Removal of Antennas and Cables An interference analysis shall be performed to determine interference that may exist at the location. The EME study will be the responsibility of the party requesting the new equipment installation. The EME study will be made available to the County site administrator for approval before site work is to proceed.
All antennas shall have a jumper constructed of Andrew LDF4-50A (not to exceed 50 inches). and Andrew LDF5-50A is recommended as the primary feed line. A "drip loop" shall be formed as the jumper or feed line is installed. The manufacturer-recommended bending radius specifications shall not be exceeded. Coaxial feed line connectors shall not fall within, or be obscured by, any antenna support pipe or conduit run when making antenna feed line installations inside of support pipes or conduit runs. Antenna feed line runs to be installed in conduit or pipes will require special consideration and the approval of the Site Manager.
All antenna feed line runs shall be secured to the existing Unistrut brackets with HOT-DIP GALVANIZED Unistrut clamps and STAINLESS
STEEL hardware.
All antenna feed line runs to be
installed on towers shall follow the
appropriate antenna feed line ladder
support. This is dependent upon
which side of the tower the antenna
is to be mounted. Accordingly, inside
and outside positions on the cable
ladder shall be evenly utilized when
making antenna feed line
installations. All antenna feed line
runs shall be secured to the antenna
feed line ladder and ice bridge.
• Transmission lines shall not be
installed in a way that will impede
climbing or safety devices.
• Transmission lines shall not be
mounted to climbing ladder rungs
or climbing pegs.
• Transmission
should be
consideration
expansion.
line installation
planned with
for future
• Excess transmission line shall not be stored (coiled or looped) on the tower. • Any unused or abandoned transmission line will be removed from tower. • All transmission line connectors, splices, terminations, and jumpers shall be weatherproofed.
On towers where antenna feed line support systems have not been provided, antenna feed line runs may be secured by the utilization of stainless angle adapter clamps such as (Andrew part number 31768A) and the appropriate Andrew hanger kit number for size of cable) attached to the tower face cross angles.
At other locations where galvanized pipe or electrical conduit has been utilized for mounting antennas, the vertical antenna feed line runs may be secured by the utilization of stainless steel wrap lock or stainless steel ties. When installing antenna feed line runs, no feed line shall be attached to or supported by any other individual antenna feed line run already installed. Attachment intervals shall follow that of the manufacturer recommendation as provided in the Andrew reference catalog.
The utilization of messenger cable for antenna feed line support shall be considered on an "as-needed" basis.
8 Antenna feed line entryways are provided for each individual equipment row. All antenna feed line runs entering or exiting these buildings shall utilize the appropriate entryway for the equipment row being utilized.
Each entryway port shall be fully utilized prior to the use of another entryway. Microflect entryway boots shall be used for the appropriate remote sites.
All antenna feed line runs inside buildings (where cable trays are provided) may be secured by utilization of black nylon cable ties. Where cable trays are not provided, the use of jiffy clips, one-hole pipe straps, rigid conduit straps, Unistrut and Unistrut clamps
or black nylon cable ties shall be permitted to
secure antenna feed line runs. Utilization of
ELECTRO-GALVANIZED or PLATED material
inside of buildings is permitted.
When Andrew LDF5-50A antenna feed line is
used for the primary run, it shall terminate
(when cable trays are provided) approximately
twelve inches prior to being centered over a
radio rack or radio cabinet. A jumper cable
utilizing Andrew LDF4-50A shall be constructed
to connect the antenna feed line to a base
station, duplexer, transmitter combiner or
receiver combiner, etc. In some cases RG-214,
RG-142, RG-400 or Andrew FSJ4-50B may be
permitted
A coax protector is to be utilized for the
installation, it shall be installed in the cable tray
between the 7/8" run of antenna feed line and
the jumper cable going to the equipment.
The coax protector shall be connected to the
ground bus at this point. A SPD shall be used for single station installations and an IS-PT50HN-MA or similar shall be used for installations with combiners.
All antenna feed line runs shall have cable identification tags and shall denote antenna location on tower.
An antenna location chart and antenna feed line run chart shall be provided by the Riverside County Communications Site Manager for each County-controlled site.
The antenna feed line point of connection to a vertical antenna (Stationmaster type) shall be sealed with electrical tape. A minimum of three wraps shall be utilized. All other types of antennas, with exposed connectors, shall be sealed with Andrew Type 34283 Connector Burial Kit. This shall consist of one wrap of electrical tape, one wrap of Type 34283 Connector Burial Kit and three additional wraps of electrical tape. All wraps shall be properly cut and sealed.
The point of connection of the jumper Andrew LDF4-50A and LDF5-50A (on the antenna end) shall be sealed. This shall consist of one wrap of electrical tape, one wrap of Andrew Type 34283 Connector Burial Kit and three additional wraps of electrical tape. All wraps shall be properly cut and sealed. All transmission lines shall be labeled per county guidelines. County guidelines will be provided by the Site Manager prior of installation.
9. RF Transmission Line and Preamplifier Grounding
All antenna feed line runs shall be grounded and shall comply with all applicable codes in use by the authority having jurisdiction. Grounding systems shall be installed in a neat and workmanlike manner (NFPA 70-2005, Article 110.12 and NFPA 780-2004, section 1.4). This will require the installation of a grounding kit similar to Andrew Type 204989-2 Strap Kit (for Andrew LDF5-50A) or appropriate kit number for the antenna feed line being used. All transmission lines shall be installed and bonded to the tower using ground kits as follows:
• Each transmission line run shall have entry port boots (inside and/or outside), lightning protectors and associated mounting brackets, and any additional jumpering required by the site specific RF configuration.
Some manufacturers provide transmission line kits, which include the main line
9 connectors, top and bottom jumpers, line grounding kits (typically three per line), hoist grips, and weatherproofing materials.
• Coaxial cable transmission lines shall be bonded and grounded in accordance with the installation practices listed below. To minimize the formation of condensation and ice on transmission lines, a drip loop should be created at the point where the direction of the transmission lines changes from vertical to horizontal. To lessen the likelihood of moisture on the cables getting into the shelter, the cables should be installed with a slight upward incline as they approach the shelter. • Transmission line ground kits shall be installed per manufacturer specifications. • Transmission line ground kits shall be sealed from the weather to prevent water and corrosion damage to the transmission line (ANSI T1.313-2003, section 10.5). • When a tower bus bar is not available the transmission line ground kits shall be attached to an effectively grounded vertical member of the tower, using tower manufacturer-approved methods (typically a type of mechanical clamp).
• Transmission line ground kits shall be attached to a tower bus bar if available. • Transmission line ground kit grounding conductors shall be installed without drip loops, parallel to the transmission line, and pointed down towards the ground to provide a direct discharge path for lightning (ANSI T1.313-2003, section 10.5.1).
• Transmission line ground kits shall be installed at the first point of contact, near the antenna (ANSI T1.334- 2002, section 6.6; ANSI T1.313-2003, section 10.5.1; and MIL-HDBK-419A). • Transmission line ground kits shall be installed at the bottom of the tower near the vertical to horizontal transition point (ANSI T1.313-2003, section 10.5.1; ANSI T1.334-2002, section 6.6; and MIL-HDBK419A). The ground kits shall be bonded to the tower or tower ground bus bar (TGB) if installed. • If the tower is greater than 61 m (200 ft.) in height, an additional ground kit shall be installed at the tower midpoint (ANSI T1.334-2002, section 6.6 and MIL-HDBK-419A). Additional ground kits shall be installed as necessary to reduce the distance between ground kits to 61 m (200 ft.) or less. • In high lightning prone geographical areas, additional ground kits should be installed at spacing between
15.2 to 22.9 m (50 to 75 ft.) (ANSI T1.313, section 10.5.1 and ANSI T1.334-2002, section 6.6). This is especially important on towers taller than 45.7 m (150 ft.).
All antennas and transmission lines supported by wooden poles, or installed on the side of a structure will be handled and designed on a case by case basis and approved by the Site Manager.
The use of Andrew FSJ4-50B SUPERFLEXIBLE cable shall be permitted only in those cases where the bending radius required cannot be achieved when using Andrew LDF4-50A. The use of Andrew FSJ1-50 or Andrew LDF2-50 shall not be permitted. Any variation from the above shall require the approval of the Site Manager for County-controlled facilities. Coordination and approval shall be required with other controlling agencies.
10. Microwave Dish Installation
All microwave dish mounts shall be HOT-DIPPED GALVANIZED after fabrication. Each microwave dish leg mount shall be constructed and mounted so as to be plumb. All microwave dishes, after mounting, shall have a stabilizer arm attached and shall be properly anchored so as to prohibit the microwave dish from moving during high winds. Mounting of microwave dishes between tower legs shall be considered on an "as-needed" basis.
10 Elliptical waveguide shall be utilized for all microwave installations from 6 GHz through 18 GHz. When RF transmitters are installed they must be maintenance per manufacture guidelines and must be incompliance.
This includes ensuring all shields are maintained properly and installed correctly, this includes but not limited to:
• Not allowing transmit antennas inside equipment rooms or near the ground level of sites. • Ensuring all microwave dishes are directed away from facilities. • Proper use and installation of transmission lines and connectors. When waveguide carrying high power is used, verification of fitting integrity must be performed to ensure there is no RF leakage. • Each transmission line run shall have entry port boots (inside and/or outside), lightning protectors and associated mounting brackets, and any
additional jumpering required by the site
specific RF configuration. Some
manufacturers provide transmission line
kits, which include the main line connectors,
top and bottom jumpers, line grounding kits
(typically three per line), hoist grips, and
weatherproofing materials.
• Strain relief devices shall be used a
minimum of every 60.8 m (200 ft.) during
transmission line installation and shall
remain in place to support the cable after
installation. A support cable should be used
between the grips to prevent damage to the
transmission line caused by lifting from only
one point.
• Coaxial cable transmission lines shall be
bonded and grounded in accordance with antenna installation grounding installation. • To minimize the formation of condensation and ice on transmission lines, a drip loop should be created at the point where the direction of the transmission lines changes from vertical to horizontal. To lessen the likelihood of moisture on the cables getting into the shelter, the cables should be installed with a slight upward incline as they approach the shelter.
All microwave waveguide shall be grounded by following the same procedure as that of antenna feed line grounding. The required grounding kit shall be obtained from the Andrew reference catalog for the type of waveguide being utilized. Special consideration shall be given to microwave waveguide installations and shall require contacting the Site Manger. All transmission lines shall be labeled per county guidelines. County guidelines will be provided from the Site Manager prior of installation.
When equipment/users vacate a communications building, the antenna(s), transmission line(s) along with all hardware and appurtenances are to be removed from the tower and inside the comm. building.
11. Documentation
All systems, when installed shall provide the following prior to acceptance:
• Transmitter frequency by antenna mount
• Power out of transmitter
• FCC License
Coordination with the Site Manager shall be required when multiplex channels are to be installed in the County Microwave System.
12. Surge Protection Devices (SPDS)
11 All surge protection devices and outside telecommunication cable metallic shields including, but not limited to, items listed below shall be effectively bonded back to the internal grounding (earthing) system with a 16 mm2 csa (#6 AWG) or coarser equipment grounding conductor by using the following requirements and connection methods described within this document:
• Individual RF Surge Protection Devices
• Primary Surge Protection Devices
• Secondary Surge Protection Devices
• Telecommunication Cable Metallic Shields
• GPS Cable Metallic Shields
13. RF Surge Protection Devices
RF transmission SPDs shall be bonded to the MGB within 610 mm (24 in.) of entry into the equipment shelter, equipment room or equipment area. A separate equipment grounding (earthing) conductor shall be used to bond each of these devices to the MGB or to a SSGB. RF transmission line SPDs may also be bonded directly to a SSGB, MGB, or the copper integrated entry panel with the proper securing hardware.
14. AC/UPS Power Specifications
All tenant provided UPS's shall be rack mounted and approved by the Site Manager.
15. Grounding Installation check list
• All grounding conductors shall be installed and routed so that personal safety is not compromised and that all equipment is serviceable. The following requirements shall apply:
• Length: conductors shall be no longer than
required to achieve their purpose and shall be
installed and routed in a professional and
workmanlike manner.
• Support: conductors shall be secured or
attached to surfaces as required to ensure
they do not become damaged or
disconnected. Conductors shall be secured in
a manner that permits associated equipment
to be easily serviced. Conductors shall be
secured at no greater than 3 foot intervals.
• Protection: conductors installed in areas
where they may be subjected to damage
shall be sleeved in electrical non-metallic
tubing, or other conduit, that is securely
attached to the surface over which it is routed.
• In locations where metallic tubing or conduit is required for adequate protection, the conductor(s) routed through the metallic tubing or conduct must be effectively bonded to each end of the conduit using suitable listed means and devices.
• When ground conductor tap joints are used, they shall be properly insulated as to prevent the bare conductor or connection device from making incidental contact with metallic surfaces.
16. Grounding Routing
• At points where conductors are routed through holes within metallic surfaces, the surfaces shall be suitably protected with grommets or other material to minimize damage to the conductor or insulation.
12 • Conductors shall be routed toward the MGB. Connections to bus conductors shall always be made with the tap conductors routed toward the MGB.
• At points where conductors must pass through a hole in a metallic surface and the hole is slightly larger than the conductor, the conductor shall be bonded to the metallic surface through which it passes. If the hole or opening is much larger than the conductor and is intended to accommodate several conductors, the conductor is not required to be bonded.
• Ground bus conductors may be routed within cable trays, on the outside of cable trays where suitable support is provided, or along equipment platforms.
• Equipment grounding conductors shall be installed along the rack rail. • Ground bus conductors shall be routed using the shortest possible routes. • Bending radius: Ground bus conductors of all sizes shall maintain a minimum bending radius of 8 inches.
The angle of any bend shall not be less than 90 degrees.
17. Tenant Communication
If there are situations in which one tenant needs to communicate with another tenant regarding equipment at the site, all communication will go through the Riverside County Site Manager. Unless directed by the Site Manager, or a life and death emergency, tenants shall not contact other tenants regarding the site, equipment, interference, etc.
18. Check in - check out procedure
• Central call in number for site personnel
• Installers/techs to provide work authorization number provided by county prior to work performed.
19. Ingress Procedures
To access the Site, contact the Riverside County Communications Site manager at 951-955-3580 pursuant to the advanced notice requirements prescribed below. Prior to the commencement of any Work on the Tower Facility, Licensee shall have all individuals working on the site cleared through the Riverside Sheriff's Office background process. The Licensee shall contact the Site Manager to schedule an escort. The Licensee shall be escorted at all times when on site.
This number is to be used during regular business hours and after hours. Our regular business hours are:
Mon-Thurs 7:00 AM - 4:30 PM
Fri 7:00 AM - 3:30 PM
Closed the Following Holidays: New Year's Day, Martin Luther King Day, Lincoln's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving, day after Thanksgiving, Christmas Day, When Christmas or New Year's Day falls on a Tuesday, the County will be closed the day before the holiday. When Christmas or New Year's Day falls on a Thursday, the County will be closed the day after the holiday.
Ingress Procedures - Scheduled Maintenance, Regular Business Hours Contact the Riverside County Communications Site manager three (3) business days prior to the scheduled work to be performed. Notify the Site Manager of the estimated duration and nature of the scheduled work, the number of personnel to be on site, and the number of vehicles expected to be used.
Ingress Procedures - Scheduled Maintenance, After-Hours Contact the Riverside County Communications Site manager three (3) business days prior to the maintenance work to notify them of the estimated time and nature of the scheduled work, the number of personnel to be on site, and the number of vehicles expected to be used.
13 Ingress Procedures - Scheduled System Outage, Regular Business Hours Contact the Riverside County Communications Site manager five (5) business days prior to the outage. Notify them of the nature of the outage, the estimated time repair personnel will be on site, and the estimated number of staff and vehicles that will be required.
Ingress Procedures - Scheduled System Outage, After-Hours Contact the Riverside County Communications Site manager five (5) business days prior to the outage. Notify them of the nature of the outage, the number of personnel and vehicles required to make the necessary repairs, and the estimated time and duration of the site visit.
Ingress Procedures - Unscheduled System Outage, Regular Business Hours Contact the Riverside County Communications Site manager as soon as you are aware of the outage. Notify them of the nature of the outage, the estimated time repair personnel will be on site, and the estimated number of staff and vehicles that will be required.
Ingress Procedures - Unscheduled System Outage, After-Hours Contact the Riverside County Communications Site manager as soon as you are aware of the outage. Notify them of the nature of the outage, the estimated time repair personnel will be on site, and the estimated number of staff and vehicles that will be required.
20. Site Logbook
All site work is to be recorded in the Site Logbook.
• All personnel entering a communications site are to record, in the Site Log Book, the date of their entry, a brief description of the work performed and the names of the personnel performing the work.
• Contact/User information listed in Site Log Book.
• A section of the Site Log Book will be set aside to record all pertinent contact information for the current site users. This information will include Name, Telephone and Email of the responsible person or department to contact in case of questions or emergency. It is the responsibility of each site user to keep the information current. If the information should change, the County site administrator is to be notified.
21. Copy of valid FCC license(s) and COR Technical Data Form posted for location A copy of the current FCC license must be posted in the Communications Site for the equipment installed.
• The equipment installation must meet with the license terms. • A copy of the license must be provided to the County site administrator before the transmitting equipment will be allowed to be placed in service.
A copy of the Riverside County Application and Technical Data Form as approved by Riverside County Facilities Management must be posted in the site.
14 EXHIBIT “E”
CONFIRMATION OF LICENSE INFORMATION
1. LICENSE EFFECTIVE DATE:
2. PREMISES: 4230 Eagle Canyon Road, Corona, CA 92881
3. COMMENCEMENT DATE: License term shall commence as of , for a term of five (5) years ending on , unless extended as provided in the License.
4. RENT: Licensee shall pay the monthly Rent to County in accordance with the rates approved and published by the Riverside County Board of Supervisors. Starting with the Commencement Date, the Rent shall be payable on the 1 st day of each month, in
advance, to County at County's address specified in Section 33 of this Agreement.
AGREED and ACCEPTED
LICENSEE: COUNTY:
Date: Date:
Telecommunications License Agreement
LICENSOR: COUNTY of Riverside
LICENSEE: CITY OF CORONA
Communication Site, Riverside COUNTY
TABLE OF CONTENTS
1. Recitals..................................................................................................................................................... 2
2. Term ......................................................................................................................................................... 2
3. Options to Extend..................................................................................................................................... 2
4. Holding Over………………………………………………………………………………………………………..2
5. Board Approved Rates……………………………………………………………………………………………3
6. Rent………………………………………………………………………………………………………………….3
7. Pass Through Costs………………………………………………………………………………………………3
8. Recurring Fees ......................................................................................................................................... 3
9. Use ........................................................................................................................................................... 4
10. Access to Premises .................................................................................................................................. 4
11. Site Safety and Cleanliness...................................................................................................................... 4
12. Inspection of Equipment. .......................................................................................................................... 5
13. Change in Equipment ............................................................................................................................... 5
14. Reallocation of Space............................................................................................................................... 5
15. Equipment Installation by LICENSEE....................................................................................................... 5
16. Disposition of LICENSEE's Equipment..................................................................................................... 6
17. Tower Analysis ......................................................................................................................................... 6
18. Electrical and Heat Load Analysis ............................................................................................................ 6
19. Contract Support.......................................................................................................................................6
20. Utilities………………………………………………………………………………………………………………7
21. FCC Licenses ........................................................................................................................................... 7
22. Radio Frequency Radiation (RFR) ........................................................................................................... 7
23. Interference............................................................................................................................................... 7
24. Workmanship Standards........................................................................................................................... 9
25. Employees and Agents of LICENSEE...................................................................................................... 9
26. Permits, Licenses, and Taxes .................................................................................................................. 9
27. Compliance with Laws .............................................................................................................................. 9
28. Binding on Successors ........................................................................................................................... 10
29. Waiver of Performance ........................................................................................................................... 10
30. Severability ............................................................................................................................................. 10
31. Venue ..................................................................................................................................................... 10
32. Intentionally Deleted ................................................................................................................................ 10
33. Notices.................................................................................................................................................... 10
34. COUNTY’S Representative................................................................................................................... 11
35. Termination by COUNTY........................................................................................................................ 11
36. Termination by LICENSEE..................................................................................................................... 11
37. Default .................................................................................................................................................... 12
38. Quiet Enjoyment. .................................................................................................................................... 12
39. Free from Liens…………………………………………………………………………………………………..12
40. Insurance ................................................................................................................................................ 12
41. Acceptance of Premises ......................................................................................................................... 14
42. Hold Harmless........................................................................................................................................ 15
43. Assignment............................................................................................................................................. 16
44. Hazardous Materials............................................................................................................................... 16
45. Entire Agreement.................................................................................................................................... 17
46. Interpretation of Agreement.................................................................................................................... 18
47. Future Use's Obligation .......................................................................................................................... 18
48. Supersedes Prior.................................................................................................................................... 18
49. Subrogation……………………………………………………………………………………………………….18
50. Essence of Time………………………………………………………………………………………………...18
51. Mode of Execution................................................................................................................................ 18
52. Counterparts ........................................................................................................................................ 19
PREAMBLE
This Public Safety Enterprise Communications License Agreement, hereinafter referred to as the "Agreement", shall be effective as of (“Effective Date”) by and between COUNTY of RIVERSIDE, on behalf of the Riverside County Sheriff's Department, a political subdivision of the State of California, hereinafter referred to as "COUNTY", and the City of Corona, a California municipal corporation, hereinafter collectively referred to as "LICENSEE". It is hereby agreed as follows:
1. Recitals
a. The COUNTY has under its control real property located in the COUNTY of Riverside, State of California, located at 11891 Hwy 71 Corona, CA 92883 at Green River communication site in the City of Corona, California, identified by Riverside COUNTY Assessor’s Parcel Number 101-040-004, as more particularly legally described and depicted on Exhibit "A", attached hereto and incorporated by reference, hereinafter referred to as the "Premises"; b. The Premises are part of the Riverside County Public Safety Enterprise Communications system which operates the communication network for first responders in the County; c. It is in the public interest and the best interest of the COUNTY that a license be granted to LICENSEE for use of the Premises on the terms and conditions contained herein, and the license granted to LICENSEE will not substantially conflict or interfere with the use of the Premises by the COUNTY; and
d. LICENSEE's use of the Premises must not result in the installation or operation of equipment that in any way hinders, obstructs, or interferes with the COUNTY or any existing licensee.
2. Term
The initial term of this Agreement shall be for a period of five (5) years, commencing once the LICENSEE’s equipment has been installed on the Premises (“Commencement Date”), but in no event shall the term commence later than ninety (90) days after the Effective Date. The Commencement Date and expiration shall be confirmed by the parties within thirty (30) days of the Commencement Date, in Exhibit E, attached hereto and incorporated herein.
3. Option to Extend
The initial term shall be followed by four (4) one (1) year renewal options, which shall run solely in favor of LICENSEE (provided that LICENSEE is not in default under this Agreement at the time of exercising any such option(s)), and which may be exercised by LICENSEE giving to COUNTY written notice of its election to extend the Agreement term at least ninety (90) days prior to the expiration of the initial term or any renewal thereof. In no case shall any further extensions be granted without the approval of the Riverside COUNTY Board of Supervisors.
4. Holding Over
Any holding over by LICENSEE after the termination or expiration of this Agreement, without exercising an option to extend, shall constitute a month-to-month tenancy and shall be charged at the last approved rent, and all other terms and conditions of this Agreement shall
remain in full force and effect.
5. Board Approved Rates
(a) Rates are reviewed annually by the Board of Supervisors with changes taking affect July 1 of each year. On the first of July of every year of the agreed upon Agreement terms, the rental rate for equipment rack mount fees, tower mount fees and an administrative fee will adjust based upon the rates approved by the COUNTY's Board of Supervisors.
6. Rent
(a) Licensee shall pay the monthly rent ("Rent") to County in accordance with the rates approved and published by the Riverside County Board of Supervisors. The Rent shall consist of the recurring fees set forth in Section 8 below. Starting with the Commencement Date, the Rent shall be payable on the 1st day of each month, in advance, to County at County's address specified in Section 33 of this Agreement.
7. Pass-Through Costs
(a) Intentionally Deleted.
8. Recurring Fees
(a) LICENSEE shall pay COUNTY the following fees from legally available funds:
1) Recurring Shelter Fees. Equipment fees calculated at $295.44 per one half rack, per month, for a total equipment fee of $295.44 per month. Equipment fees are subject to annual review and adjustment by the Riverside COUNTY Board of Supervisors on July 1st of each year, beginning July 1, 2026.
2) Recurring Tower Fees.
(a) Intentionally Deleted
3) Administrative Fee. There shall be a monthly administrative surcharge of 4.84% of the amounts paid under Sections 8(a)(1) and 8(a)(2) above ($295.44 x .0484 = $14.30), said percentage being subject to annual review and adjustment by the Riverside COUNTY Board of Supervisors on July 1st of each year, beginning July 1, 2025.
4) Total Recurring Fees.
Fees for equipment One Half Rack
Fees for antennas placed upon the tower
Fees for administrative surcharge
Total monthly fees
$ 295.44
$0
$ 14.30
$ 309.74
5) In the event LICENSEE fails, or refuses, to make its monthly rental payment thirty (30) days after the date as required in Section 6 above, LICENSEE shall pay to COUNTY twenty-five dollars ($25.00) as an administrative charge, which represents a minimal cost incurred by County associated with processing late payment. 6) Total monthly fees required by this Section 8 shall not increase by more than 7% from prior year's total monthly fees. If total monthly fees increase by more than 7% from previous year, Licensee shall have the option to terminate license with a ninety (90) day written notice, during which notice period monthly fees shall not increase beyond 7% of the prior year’s fees.
9. Use
(a) COUNTY hereby grants to LICENSEE use of the facilities situated at the Premises, for the purpose of operating electronic communication devices as described in Exhibit "B", the Technical Data Sheet, attached hereto and incorporated herein by this reference, and for such other uses or purposes necessarily related thereto, including any applicable easements for utilities and access to the Premises.
(b) LICENSEE shall, at LICENSEE's sole cost and expense, comply with the requirements of all local, state, and federal statutes, regulations, rules, ordinances, and orders now in force or which may be hereafter in force, pertaining to its permitted use of the Premises.
10. Access to Premises
(a) Licensee shall have all of its properly qualified and authorized agents, employees, and contractors ("Regular Employees") working on the site cleared through the Riverside Sheriff's Office background check process. The Licensee shall contact the PSEC Site manager for pre-approval. These cleared individuals shall have the right of ingress to and egress from said Premises, located within County's fenced facility when following the notification protocol outlined in Exhibit “C”, attached hereto and incorporated herein. (b) County will maintain control over Site access. Riverside County PSEC staff will escort any individual with ingress and egress rights to Premises, according to Section 10(a) above.
Requests for escorts must be made according to the Ingress Procedures outlined in Exhibit "C.". In the event County personnel are required to accompany Licensee, Licensee shall pay for such accompaniment at the hourly rate(s) set by the Riverside County Board of Supervisors, within thirty (30) days after receipt of a billing and accounting invoice from the County. Licensee shall pay for such accompaniment at the hourly rate of $138.57, between 8:00 a.m. and 5:00 p.m., Monday through Friday, except holidays, and at an hourly rate of $149.70 at all other times. The hourly accompaniment rate(s) are adjusted by the Riverside County Board of Supervisors on July 1 annually.
11. Site Safety and Cleanliness
LICENSEE shall maintain a clean and safe working environment. The COUNTY reserves the right to remove or expel from the site, any personnel, including contractors, observed working in an unsafe manner.
12. Inspection of Equipment
COUNTY shall have the right to enter the Premises at any time for the purpose of inspecting, auditing, monitoring and evaluating the obligations of this Agreement and for the purpose of doing any and all things which it is obligated or has a right to do under this Agreement.
13. Change in Equipment
LICENSEE shall not cause or permit any change of any equipment installed on the Premises by LICENSEE, including power outputs or changes in the use of the frequencies described in Exhibit "D" attached hereto and incorporated herein, except upon making a written request to COUNTY for each such transaction and the obtaining of COUNTY's prior written consent, said consent not to be unreasonable withheld or delayed.
14. Re-Allocation of Space
COUNTY will have the right at any time upon giving notice thereof to re-assign or re-allocate the amount or location of space for LICENSEE's communications equipment so long as the re-assignment or re-allocation does not interfere with LICENSEE's permitted use. If a space re-allocation is made, LICENSEE shall within sixty (60) days of receipt of notice thereof, relocate its equipment in conformity with said re-allocation at the expense of the COUNTY.
15. Equipment Installation by LICENSEE
(a) LICENSEE shall have the right, but not the obligation, at any time following the full execution of this Agreement and prior to the Commencement Date, to enter the Premises, provided that the provisions of Section 10(b) above have been met, for the purpose of making necessary inspections and engineering surveys and other reasonably necessary tests (collectively "Tests") to determine the suitability of the Premises for LICENSEE's equipment.
(b) Starting on the Commencement Date LICENSEE has the right to install, maintain, repair, replace, modernize, and operate on the Premises radio communications facilities, including but not limited to, radio frequency transmitting and receiving equipment, batteries, radio frequency transmitting and receiving antennae and supporting structures and improvements ("LICENSEE's Facilities").
(c) LICENSEE shall comply with federal, state or local signage requirements. LICENSEE shall at its own expense procure all signage and submit signage to the COUNTY for installation within 90 days of equipment installation.
(d) Prior to any subsequent changes to the construction of LICENSEE's Facilities and/or Premises, LICENSEE shall present construction drawings to COUNTY and COUNTY's site supervisor for review and approval. COUNTY shall have forty-five (45) business days to provide comments in writing to LICENSEE. If no response has been received by LICENSEE within 45 days, drawings and design will be deemed acceptable by COUNTY.
16. Disposition of LICENSEE's Equipment
(a) During the term of this Agreement, all wires, equipment, and other personal property placed on the Premises by LICENSEE shall remain the property of LICENSEE and shall be removed by LICENSEE, at its sole cost and expense, within sixty (60) days after expiration or termination of LICENSEE's tenancy.
(b) Should LICENSEE fail to remove said equipment and personal property within sixty (60) days after expiration or termination of the Agreement, COUNTY may do so at the risk of LICENSEE. Upon written demand by the COUNTY, LICENSEE shall immediately pay all costs and expenses of the removal of LICENSEE's personal property and equipment. (c) LICENSEE may, however, with written consent of the COUNTY, abandon in place any and all of LICENSEE's equipment and personal property, whereupon, as abandoned, title to said improvements will vest in the COUNTY.
17. Tower Analysis
(a) If additional antennas, microwave dishes and/or equipment are to be added to an existing tower, or if a structure other than a tower will be used to support a communication system, the COUNTY will perform the tower/structural analysis. All cost associated with the analysis will be the responsibility of the LICENSEE.
(b) If it is determined that the addition of the LICENSEE's equipment would result in the tower or structure being overloaded, the LICENSEE shall be responsible for all costs and work necessary to bring the tower/structure into compliance prior to installation of LICENSEE's equipment. LICENSEE shall have the right to terminate this License without penalty if structural analysis reveals the costs to bring the tower/structure into compliance to be excessive.
18. Electrical and Heat Load Analysis
(a) Prior to deployment of electronic equipment, the COUNTY will conduct an electrical and heat load analysis to determine if any electrical upgrades are required to maintain optimal performance for the facility. All cost associated with the analyses will be the responsibility of the COUNTY.
(b) If the COUNTY and LICENSEE mutually agree an upgrade is necessary to either the electrical system(s), the LICENSEE is responsible for all upgrades and costs associated with the upgrade to meet the commercial power, emergency power and heat load requirements.
19. Contract Support
COUNTY has the right to refuse LICENSEE's choice for contract support for equipment located on the radio tower provided, however, that such refusal shall not be unreasonably withheld. LICENSEE will provide and maintain updated contact information including
names, business phone numbers, after hours contact phone numbers and cell phone numbers for all staff members providing maintenance/repair support.
20. Utilities
COUNTY shall provide, and pay for, all electrical services, including stand-by emergency and commercial electrical power services, for all site communication facilities except for upgrades related to LICENSEE's equipment.
21. FCC Licenses
LICENSEE shall provide all FCC licenses to the COUNTY's Communications Site Manager along with its application. LICENSEE shall ensure that the license is kept current along with all contact information.
22. Radio Frequency Radiation (RFR)
(a) The COUNTY will conduct field testing after installation to certify and document RFR maximum permissive emission (MPE) standards established by the Federal Communications Commission (FCC) OET Bulletin 65 and FCC CFR 47 Part 1.1307.
LICENSEE will be responsible for all costs associated with all field testing required prior to final approval of this Agreement.
(b) Should additional equipment be required after this Agreement has been approved, LICENSEE will be responsible for all costs associated with additional field testing and RFR surveys for the additional equipment.
(c) Should the RFR studies demonstrate that the addition of LICENSEE's equipment causes the overall site RFR levels to exceed current exposure levels set forth by the FCC, LICENSEE must take action within 72 hours, and is responsible for all mitigation costs associated with such action to the return site to compliance with the FCC. (d) Prior to any field installation activity, the LICENSEE certifies herein that all personnel gaining access to the Premises have received RFR safety awareness training and tower climbers have been qualified. LICENSEE shall provide copies of certifications to Riverside COUNTY Communication Site Manager.
23. Interference
(a) LICENSEE's equipment shall not disturb or interfere with the communications equipment and uses which exist on COUNTY's property and/or the Premises, and LICENSEE in the operation of LICENSEE's equipment shall comply with all non-interference rules of the Federal Communications Commission (FCC). LICENSEE agrees to make no changes to its operating equipment frequencies, without prior written approval of COUNTY, which approval shall not be unreasonably withheld, delayed or conditioned. It shall not be unreasonable for such approval by COUNTY to be withheld, delayed or conditioned if such changes will result in interference with the communications equipment and uses which exist on COUNTY's Premises on the date of the changes. LICENSEE agrees to maintain all its equipment to operate within the manufacturers and FCC specifications.
(b) The COUNTY shall conduct intermodulation studies prior to LICENSEE activating their equipment. LICENSEE shall be responsible for eliminating any potential intermodulation problems. For site-specific information, contact the COUNTY Communication Site Manager.
(c) In the event LICENSEE's installation, or operation, in any way hinders, obstructs, or interferes with the radio or electronic equipment of the COUNTY, or any permitted occupant, at the COUNTY's facility, LICENSEE shall, at its sole cost and expense, immediately cease the interfering installation or operation. In the event of LICENSEE's inability or refusal to cease such interference within seventy-two (72) hours, COUNTY may at its option, terminate this Agreement and evict LICENSEE. (d) Any interference and compatibility testing required hereunder for radio interference with other equipment at the COUNTY's facility, by such equipment installed, or by changes to said equipment, shall be made at the sole cost of LICENSEE by the COUNTY of Riverside. If the test is satisfactory to the COUNTY representative, a certification of such test signed by both the LICENSEE and the COUNTY representative will be forwarded to the COUNTY at locations indicated in the section titled "Notices". All costs incurred by the COUNTY to conduct compatibility testing will be reimbursed to the COUNTY by LICENSEE within thirty (30) days of the receipt of a bill from the COUNTY. Should payment not be received, COUNTY may at its option, terminate this Agreement and evict the LICENSEE.
(e) COUNTY shall require compliance with provisions substantially the same as in this Section by all future LICENSEEs, or other parties granted or given rights to install or operate communications or other radio frequency transmitting equipment on the Premises. (f) The COUNTY will perform pre-installation engineering studies to predict potential interference from LICENSEE's equipment. The results may be distributed by COUNTY to existing tenants or LICENSEEs at COUNTY's discretion. COUNTY shall require its existing tenants/LICENSEES to cooperate with LICENSEE in performing these engineering studies. This shall include providing LICENSEE all data necessary to perform the engineering study, including the tenants' transmitting frequencies, receiving frequencies, antenna pattern data and antenna model, antenna azimuth, transmit power level, transmitter and receiver technical specifications, and any radio frequency filtering devices being used.
(g) The COUNTY will conduct a pre-operational test to determine whether any actual interference will be caused by the operation of LICENSEE's equipment. The COUNTY shall notify all existing tenants of its intent to conduct the test and shall determine a date for the test jointly with existing tenants. LICENSEE and the participating tenants shall jointly agree on the duration, procedures and success criteria of the test, except that the test duration shall not be longer than 24 consecutive hours.
(h) If LICENSEE or LICENSEE's equipment causes interference to other FCC LICENSEEs, LICENSEE shall take all steps necessary to correct or eliminate such interference.
LICENSEE agrees to cure a case of interference within 72 hours upon notification. Notice will include verifiable evidence of interference, provided to LICENSEE by COUNTY or by any site supervisor of COUNTY; COUNTY may require that LICENSEE temporarily cease operation of its equipment, provided that it is determined conclusively that the interference is caused by the improper operation or malfunction of LICENSEE's equipment, until such interference be cured or eliminated. Without restricting LICENSEE's obligations under this Agreement, LICENSEE indemnifies COUNTY against all liability for interference to all COUNTY's tenants' equipment caused by improper operation of LICENSEE's or LICENSEE's equipment.
24. Workmanship Standards
The installation and maintenance of the electronic equipment of LICENSEE shall be performed in a neat and workmanlike manner and shall conform in all respects to the fire, safety and construction standards deemed applicable to such installation by the COUNTY and be satisfactory to COUNTY. All electronic equipment will be installed according to Exhibit "E", COUNTY of Riverside Site Installation Standards attached hereto and incorporated herein by this reference.
25. Employees and Agents of LICENSEE
Except for any work performed under that certain Statement of Work Between City of Corona and PSEC, it is understood and agreed that all persons hired or engaged by LICENSEE shall be considered to be employees or agents of LICENSEE and not of COUNTY.
26. Permits, Licenses and Taxes
(a) LICENSEE shall secure, at its expense, all necessary permits and licenses as it may be required to obtain, and LICENSEE shall pay for all fees and taxes levied or required by any authorized public entity. LICENSEE recognizes and understands that this Agreement may create a possessory interest subject to property taxation and that LICENSEE may be subject to the payment of property taxes levied on such interest. COUNTY will cooperate with LICENSEE at no expense to COUNTY, in LICENSEE's effort to obtain such approvals in connection with said permits, licenses or other approvals. (b) If personal property taxes are assessed, LICENSEE shall pay any portion of such taxes directly attributable to LICENSEE's equipment. LICENSEE acknowledges that this Agreement may create a possessory interest that will subject the property to taxation, and further agrees to pay any such obligation. The Land is, and shall remain, tax exempt as long as COUNTY of Riverside remains the owner of the Land. COUNTY shall pay all real property taxes, assessments and deferred taxes on the property.
27. Compliance with Laws
LICENSEE shall, at LICENSEE's sole cost and expense, comply with the requirements of all local, state and federal statutes, laws, regulations, rules, ordinances and orders now in force or which may be hereafter in force, pertaining to the Premises and use of the
Premises as provided by this Agreement. The final judgment, decree or order of any Court of competent jurisdiction, or the admission of LICENSEE in any action or proceedings against LICENSEE, whether LICENSEE be a party thereto or not, that LICENSEE has violated any such statutes, regulations, rules, or ordinances, or orders, in the use of the Premises, shall be conclusive of that fact as between COUNTY and LICENSEE.
28. Binding on Successors
LICENSEE, its assignees and successors in interest, shall be bound by all the terms and conditions contained in this Agreement, and all of the parties thereto shall be jointly and severally liable hereunder.
29. Waiver of Performance
No waiver by COUNTY at any time of any of the terms and conditions of this Agreement shall be deemed or construed as a waiver at any time thereafter of the same or of any other terms or conditions contained herein or of the strict and timely performance of such terms and conditions.
30. Severability
The invalidity of any provision in this Agreement as determined by a court of competent jurisdiction shall in no way affect the validity of any other provision hereof.
31. Venue
Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the COUNTY of Riverside, State of California, and the parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other COUNTY.
32. Intentionally Deleted
33. Notices
Any notices required or desired to be served by either party upon the other shall be addressed to the respective parties as set forth below or to such other addresses as from time to time shall be designated by the respective parties:
LICENSEE: COUNTY:
City of Corona
Information Technology
Department Attn:
Chris McMasters
400 S. Vicentia Ave, Suite
220, Corona, CA 92882
COUNTY of Riverside
Facilities Management
Real Estate Division
3450 14th Street, Suite 200
Riverside, California 92501
[email protected]
Attn: Deputy Director
34. COUNTY's Representative
COUNTY hereby appoints the Director of Facilities Management as its authorized representative to administer this Agreement.
35. Termination by COUNTY
(a) COUNTY shall have the ability to terminate this Agreement, at any time, by giving written notice to the LICENSEE, a minimum of ninety (90) days prior to the date when such termination shall become effective.
(b) COUNTY shall have the right to immediately terminate this Agreement if:
1) In the event a petition is filed for voluntary or involuntary bankruptcy for the adjudication of LICENSEE as a debtor.
2) In the event that LICENSEE makes a general assignment, or LICENSEE's interest hereunder is assigned involuntarily or by operation of law, for the benefit of creditors.
3) In the event of abandonment of the Premises by LICENSEE. 4) In the event LICENSEE fails or refuses to meet its rental obligation, or any of them, hereunder or as otherwise provided by law.
5) In the event LICENSEE fails or refuses to perform, keep or observe any of its duties or obligations hereunder; provided, however, that LICENSEE shall have sixty (60) days in which to correct its breach or default after written notice thereof has been sent to LICENSEE by COUNTY, unless otherwise indicated in Section 37 Default.
A sixty (60) day cure period shall not apply to Section 6 Rent.
36. Termination by LICENSEE
(a) LICENSEE shall have the right to terminate this Agreement in the event COUNTY fails to perform, keep or observe any of its duties or obligations hereunder; provided, however, that COUNTY shall have sixty (60) days in which to correct its breach or default after written notice thereof has been served on it by LICENSEE; provided, further, that in the event such breach or default is not corrected, LICENSEE may elect to terminate this Agreement in its entirety, and such election shall be given by an additional ninety (90) days written notice to COUNTY.
(b) LICENSEE shall have the ability to terminate this Agreement, at any time, by giving written notice to the COUNTY a minimum of ninety (90) days prior to the date when such termination shall become effective.
37. Default
(a) The following shall be deemed events of default by LICENSEE under this Agreement:
1) The Rent provided for in this Agreement remains unpaid for thirty (30) days after written notice that the rent is overdue.
2) LICENSEE fails to comply with any of the terms, conditions and covenants herein, (except Section 23 Interference, which shall govern in the event of frequency interference) and does not cure such default within forty-five (45) days after written notice thereof to LICENSEE or, if such default cannot be cured within the fortyfive (45) day period with reasonable diligence and in good faith, LICENSEE does not cure such default within sixty (60) days after the date of such notice. 3) The non-renewal, revocation or cancellation of the construction permit and/or license issued to LICENSEE by the FCC and/or, CPUC, or any other federal, state or local authority, for purposes of conducting its communications operation at the Premises.
38. Quiet Enjoyment
LICENSEE shall have, hold and quietly enjoy the use of the Premises so long as it shall fully and faithfully perform the terms and conditions that it is required to do under this Agreement.
39. Free From Liens
LICENSEE shall pay, when due, all sums of money that may become due for any labor, services, material, supplies, or equipment, alleged to have been furnished or to be furnished to LICENSEE, in, upon, or about the Premises, and which may be secured by a mechanics', materialmen's or other lien against the property of COUNTY or COUNTY's interest therein, and will cause each such lien to be fully discharged and released at the time the performance of any obligation secured by such lien matures or becomes due; provided, however, that if LICENSEE desires to contest any such lien, it may do so, but notwithstanding any such contest, if such lien shall be reduced to final judgment, and such judgment or such process as may be issued for the enforcement thereof is not promptly stayed, or if so stayed, and said stay thereafter expires, then and in such event, LICENSEE shall forthwith pay and discharge said judgment.
40. Insurance.
Without limiting or diminishing the Licensee’s obligation to indemnify or hold the COUNTY harmless, Licensee shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage's during the term of this Agreement. With respect to the insurance section only, the COUNTY herein refers to the County of Riverside, its Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insureds.
A. Workers' Compensation: If the LICENSEE has employees as defined by the State of California, the LICENSEEE shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers' Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive subrogation in favor of The County of Riverside. Policy shall name the COUNTY as Additional Insureds.
B. Commercial General Liability: Commercial General Liability insurance coverage, including but not limited to, premises liability, unmodified contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of LICENSEE’S performance of its obligations hereunder. Policy shall name the COUNTY as Additional Insured. Policy's limit of liability shall not be less than $2,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. Policy shall name the COUNTY as Additional Insureds.
C. Vehicle Liability: If vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then LICENSEE shall maintain liability insurance for all owned, non-owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. Policy shall name the COUNTY as Additional Insureds.
D. General Insurance Provisions – All Lines
1. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A.M. BEST rating of not less than A: VIII (A:8) unless such requirements are waived, in writing, by the County Risk Manager. We are no longer suggesting that coverage must be written with “admitted” markets. In recent years, an increasing percentage of coverage has moved to surplus lines markets that are “licensed” to conduct business, but not “admitted”. These non-admitted markets may offer customized forms and better coverage and better pricing than admitted markets. But a non-admitted market may not be supported by a state’s insolvency fund. As a result, you may consider asking for a higher financial size rating as an indication of a non-admitted insurer’s financial capacity.
2. The LICENSEE must declare its insurance self-insured retention for each coverage required herein. If any such self-insured retention exceed $500,000 per occurrence each such retention shall have the prior written consent of the County Risk Manager before the commencement of operations under this Agreement. Upon notification of self-insured retention unacceptable to the COUNTY, and at the election of the County's Risk Manager, LICENSEE'S carriers shall either; 1) reduce or eliminate such self-insured retention as respects this Agreement with the COUNTY, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses.
3. LICENSEE shall cause LICENSEE'S insurance carrier(s) to furnish the County of Riverside with either 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, and 2) if requested to
do so orally or in writing by the County Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that a minimum of thirty (30) days written notice shall be given to the County of Riverside prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. If LICENSEE insurance carrier(s) policies does not meet the minimum notice requirement found herein, LICENSEE shall cause LICENSEE'S insurance carrier(s) to furnish a thirty (30) day Notice of Cancellation Endorsement.
4. In the event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage's set forth herein and the insurance required herein is in full force and effect. LICENSEE shall not commence operations until the COUNTY has been furnished original Certificate (s) of Insurance and certified original copies of endorsements and if requested, certified original policies of insurance including all endorsements and any and all other attachments as required in this Section. An individual authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the Certificate of Insurance.
5. It is understood and agreed to by the parties hereto that the LICENSEE'S insurance shall be construed as primary insurance, and the COUNTY'S insurance and/or deductibles and/or self-insured retention's or self-insured programs shall not be construed as contributory.
6. If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services; or, there is a material change in the equipment to be used in the performance of the scope of work; or, the term of this Agreement, including any extensions thereof, exceeds five (5) years; the COUNTY reserves the right to adjust the types of insurance and the monetary limits of liability required under this Agreement, if in the County Risk Management's reasonable judgment, the amount or type of insurance carried by the LICENSEE has become inadequate.
7. LICENSEE shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement.
8. The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance acceptable to the COUNTY.
9. LICENSEE agrees to notify COUNTY of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.
41. Acceptance of Premises
COUNTY represents that it has no knowledge of hazardous materials on the Premises or the Property or nearby, nor does it have knowledge of spilled materials, underground fuel storage tanks, septic or drain fields or buried wastes on or within the Premises or Property.