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REGULAR MEETING AGENDA
OF THE JURUPA VALLEY CITY COUNCIL
Thursday, January 20, 2022
Study Session: 5:30 p.m.
Regular Session: 7:00 p.m.
City Council Chamber
8930 Limonite Avenue, Jurupa Valley, CA 92509
1. 5:30 PM - CALL TO ORDER AND ROLL CALL FOR STUDY SESSION ● Chris Barajas, Mayor
● Leslie Altamirano, Mayor Pro Tem
● Lorena Barajas Bisbee, Council Member
● Brian Berkson, Council Member
● Guillermo Silva, Council Member
2. STUDY SESSION - AFFORDABLE HOUSING IN LIEU FEE STUDY A. STUDY SESSION TO DISCUSS INCLUSIONARY HOUSING POLICIES
AND THE AFFORDABLE HOUSING IN-LIEU FEE STUDY
Requested Action: That the City Council receive, discuss and file a presentation from RSG, Inc. regarding inclusionary housing policies and the affordable housing in-lieu fee study.
A. As a courtesy to those in attendance, we ask that cell phones be turned off or set to their silent mode and that you keep talking to a minimum so that all persons can hear the comments of the public and City Council.
B. A member o f the public who wishes to speak under Public Comments must fill out a “Speaker Card” and submit it to the City Clerk BEFORE the Mayor calls for Public Comments on an agenda item. Each agenda item up will be open for public comments before taking action. Public comments on subjects that are not on the agenda can be made during the “Public Appearance/Comments” portion of the agenda.
C. Members of the public who wish to comment on the CONSENT CALENDAR may do so during the Public Comment portion of the Agenda prior to the adoption of the Consent Calendar.
D. As a courtesy to others and to assure that each person wishing to be heard has an opportunity to speak, please limit your comments to 3 minutes.
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3. 7:00 PM - CALL TO ORDER AND ROLL CALL FOR REGULAR SESSION ● Chris Barajas, Mayor
● Leslie Altamirano, Mayor Pro Tem
● Lorena Barajas Bisbee, Council Member
● Brian Berkson, Council Member
● Guillermo Silva, Council Member
4. INVOCATION
5. PLEDGE OF ALLEGIANCE
6. APPROVAL OF AGENDA
7. PRESENTATIONS
A. PUBLIC WORKS DEPARTMENT - STAFF INTRODUCTIONS
8. PUBLIC APPEARANCE/COMMENTS
9. INTRODUCTIONS, ACKNOWLEDGEMENTS, COUNCIL COMMENTS AND
ANNOUNCEMENTS
10. CITY COUNCIL MEMBER ORAL/WRITTEN REPORTS REGARDING
REGIONAL BOARDS AND COMMISSIONS
A. COUNCIL MEMBER LORENA BARAJAS BISBEE
1. UPDATE ON THE WESTERN RIVERSIDE COUNTY - REGIONAL
CONSERVATION AUTHORITY MEETING OF JANUARY 10, 2022
B. COUNCIL MEMBER BRIAN BERKSON
1. UPDATE ON THE RIV ERSIDE COUNTY TRANSP ORTATION
COMMISSION MEETING OF JANUARY 12, 2022
Persons wishing to address the City Council on subjects other than those listed on the Agenda are requested to do so at this time. A member of the public who wishes to speak under Public Appearance/Comments OR the Consent Calendar must fill out a “Speaker Card” and submit it to the City Clerk BEFORE the Mayor calls for Public Comments on an agenda item. When addressing the City Council, please come to the podium and state your name and address for the r ecord. While listing your name and address is not required, it helps us to provide follow -up information to you if needed. In order to conduct a timely meeting, we ask that you keep your comments to 3 minutes. Government Code Section 54954.2 prohibits t he City Council from taking action on a specific item until it appears on an agenda.
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2. UPDATE ON THE NORTHW EST TRANSPORTATION N OW
COALITION MEETING OF JANUARY 13, 2022
3. UPDATE ON THE MOBILE SOURCE AIR POLLUTION
REDUCTION REVIEW COMMITTEE MEETING OF JANUARY
20, 2022
C. COUNCIL MEMBER GUILLERMO SILVA
1. UPDATE ON THE NORTHW EST MOSQUITO AND VEC TOR
CONTROL DISTRICT MEETING OF JANUARY 20, 2022
11. CITY MANAGER’S UPDATE
12. SHERIFF’S DEPARTMENT UPDATE
Requested Action: That the City Council receive and file the report.
13. APPROVAL OF MINUTES
A. DECEMBER 16, 2021 REGULAR MEETING
14. CONSENT CALENDAR (COMMENTS ON CONSENT AGENDA TAKEN HERE) (All matters on the Consent Calendar are to be approved in one motion unless a Councilmember requests a separate action on a specific item on the Consent Calendar. If an item is removed from the Consent Calendar, it will be discussed individually and acted upon separately.)
A. COUNCIL APPROVAL OF A MOTION TO WAIVE THE READING OF
THE TEXT OF ALL ORDINANCES AND RESOLUTIONS INCLUDED IN
THE AGENDA
Requested Action: That the City Council waive the reading of the text of all ordinances and resolutions included in the agenda.
B. CONSIDERATION OF CHECK REGISTER IN THE AMOUNT OF
$5,040,897.87
Requested Action: That the City Council ratify the check registers dated November 23 and December 2, 9, 16, 23, and 30, 2021 and January 6, 2022 as well as the payroll registers dated November 26, and 30 and December 10, 24 and 31, 2021.
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C. AUTHORIZING THE DESTRUCTION OF CERTAIN OBSOLETE CITY
RECORDS
Requested Action: That the City Council adopt Resolution No. 2022-01, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF
CERTAIN OBSOLETE CITY RECORDS
D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY ACCEPTING CERTAIN STREETS INTO THE CITY
MANTAINED STREET SYSTEM FOR TRACT MAP 20249 LOCATED
NORTH OF INDIAN HILLS GOLF CLUB BETWEEN THE
INTERSECTIONS OF GOLF STREET AND STARVIEW DRIVE AND
KACHINA DRIVE AND VIRTUE VISTA DRIVE (ICB JURUPA VALLEY 55 LLC)
1. Requested Action: That the City Council adopt Resolution No. 2022 -02, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY, ACCEPTING CERTAIN STREETS INTO THE
CITY MAINTAINED STR EET SYSTEM (TRACT MAP 20249
LOCATED NORTH OF INDIAN HILLS GOLF CLUB BETWEEN
THE INTERSECTIONS OF GOLF STREET AND STARVIEW
DRIVE AND KACHINA DRIVE AND VIRTUE VISTA DRIVE)
PURSUANT TO STREETS AND HIGHWAYS CODE SECTION 1806
2. Authorize the City Manager to record the Notice of Completion; and
3. Authorize the City Engineer to reduce the Performance Bond and Material and Labor Bond for the street improvements to start the one-year warranty period; after which the City Engineer may fully release the bond; and
E. APPROVAL OF REPLACEMENT SUBDIVISION AGREEMENTS AND
ACCEPTANCE OF REPLACEMENT BONDS FOR TRACT MAP 32722
LOCATED ON THE NORTH SIDE OF MISSION BOULEVARD
BETWEEN PYRITE STREET AND CAMINO REAL (KEYSTONE DCS,
INC.)
1. Requested Action: That the City Council approve and authorize the Mayor and City Clerk to execute the replacement Subdivision Agreements; and
2. That the City Council accept the rider to Faithful Performance Bond No. 024252674 in the amount of $401,000 and Material and Labor Bond No. 024252674 in the amount of $200,500 from the Ohio Casualty Insurance
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Company for the construction of improvements within Tract Map 32722 and the Faithful Performance Bond No. 024252676 in the amount of $10,000 from International Fidelity Insurance Company for the subdivision monuments.
F. APPROVAL OF TRANSPORTATION UNIFORM MITIGATION FEE
(TUMF) REIMBURSEMENT AGREEMENTS BY AND BETWEEN THE
WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS (WRCOG) AND
THE CITY OF JURUPA VALLEY FOR THE VAN BUREN BOULEVARD
WIDENING (LIMONITE TO S ANTA ANA RIVER), MARKET STREET
WIDENING (RUBIDOUX TO SANTA ANA RIVER), CANTU GALLEANO
RANCH ROAD GAP CLOSURE (BELLEGRAVE TO .31 MILES WEST),
AND BELLEGRAVE AVENUE WIDENING (CANTU GALLEANO
RANCH TO VAN BUREN)
1. Requested Action: That the City Council approve and authorize the City Manager to execute the TUMF Reimbursement Agreement by and between WRCOG and the City of Jurupa Valley for Van Buren Boulevard Widening (Limonite to Santa Ana River) – Right-of-Way and Construction phases in substantially the form attached to the staff report as approved by the City Attorney; and
2. Approve and authorize the City Manager to execute the TUMF Reimbursement Agreement by and between WRCOG and the City of Jurupa Valley for Market Street Widening (Rubidoux to Santa Ana River) – Planning and Engineering phases in substantially the form attached to the staff report as approved by the City Attorney; and
3. Approve and authorize the City Manager to execute the TUMF Reimbursement Agreement by and between WRCOG and the City of Jurupa Valley for Cantu Galleano Ranch Road Gap Closure (Bellegrave to .31 miles west) – Planning and Engineering phases in substantially the form attached to the staff report as approved by the City Attorney; and
4. Approve and authorize the City Manager to execute the TUMF Reimbursement Agreement by and between WRCOG and the City of Jurupa Valley for Bellegrave Avenue Widening (Cantu Galleano Ranch to Van Buren) – Planning and Engineering phases in sub stantially the form attached to the staff report as approved by the City Attorney.
G. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY ACCEPTING CERTAIN STREETS INTO THE CITY
MANTAINED STREET SYSTEM FOR TRACT MAP 36702 LOCATED ON
THE EAST SIDE OF STONE AVENUE 200 FEET SOUTH OF
MARTINGALE DRIVE (STONE RANCH, LLC C/O CRESTWOOD
CORPORATION)
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1. Requested Action: That the City Council adopt Resolution No. 2022 -03, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY, ACCEPTING CERTAIN STREETS INTO THE
CITY MAINTAINED STREET SYSTEM (TRACT MAP 36702 )
LOCATED ON THE EAST SIDE OF STONE AVENUE 200 FEET
SOUTH OF MARTINGALE DRIVE PURSUANT TO STREETS AND
HIGHWAYS CODE SECTION 1806
2. Authorize the City Manager to record the Notice of Completion; and
3. Authorize the City Engineer to reduce the Performance Bond and Material and Labor Bond for the street improvements to start the one -year warranty period; after which the City Engineer may fully release the bond; and
4. Authorize the City Engineer to release the Monument Bond 90 days after the recordation of the Notice of Completion unless the City receives a stop notice or other lien.
H. APPROVAL OF COOPERAT IVE AGREEMENT BETWEE N THE CITY
OF JURUPA VALLEY, PY RITE INVESTMENTS, LLC, AND THE
RIVERSIDE COUNTY FLO OD CONTROL AND WATER
CONSERVATION DISTRIC T FOR CONSTRUCTION A ND
MAINTENANCE OF PYRIT E CHANNEL - STAGE 6 (LOCATED AT
PYRITE STREET AND MISSION BOULEVARD (APNS: 171-020-002)
Requested Action: That the City Council approve the cooperative agreement with the Riverside County Flood Control and Water Conservation District and Pyrite Investments, LLC and authorize the Mayor to sign the agreement.
I. AWARD CONSTRUCTION AGREEMENT TO MISSION PAVING AND
SEALING, INC. FOR 2021 -2022 CI TYWIDE SLURRY SEAL, CIP PROJECT NO. 21109
1. Requested Action: That the City Council approve and award a construction agreement to Mission Paving and Sealing, Inc. in the amount of $336,217 for the 2021 -22 Citywide Slurry Seal Project for the work included in its proposal, and authorize the City Manager to execute the Agreement in substantially the form and format attached to the staff report in such final form as approved by the City Attorney; and
2. Authorize the City Manager to execute contract change orders not to exceed 10% of the total agreement, pursuant to requirements set forth in the agreement; and
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3. Re-appropriate $65,000 of RMRA funds from the City’s Mission Boulevard Pavement Rehabilitation Project – Ph. 1, Account No. 201.2010.71387 , to the Project account to fund the total project costs: and
5. Authorize the City Manager to record the Notice of Completion upon acceptance of the work by the City Engineer.
J. AWARD OF CONSTRUCTION AGREEMENT TO HARDY & HARPER, INC.
FOR 2021-2022 CDBG – OLD MIRA LOMA PAVEMENT REHABILITATION – PH. 1, CIP PROJECT NO. 21102
1. Requested Action: That the City Council approve and award a construction agreement to Hardy & Harper, Inc. in the amount of $810,000 for the 2021- 22 CDBG – Old Mira Loma Pavement Rehabilitation Project – Ph. 1 for the work included in its proposal, and authorize the City Manager to execute the Agreement in substantially the form and format attached to the staff report and in such final form as approved by the City Attorney; and
2. Authorize the City Manager to execute contract change orders not to exceed 10% of the total agreement, pursuant to requirements set forth in the agreement; and
3. Re-appropriate $53,000 of RMRA funds from the City’s Mission Boulevard Pavement Rehabilitation Project – Ph. 1, Account No. 201.2010.71387, to the Project account to fund the total project costs: and
4. Authorize the City Manager to record the Notice of Completion upon acceptance of the work by the City Engineer.
15. CONSIDERATION OF ANY ITEMS REMOVED FROM THE CONSENT
CALENDAR
16. PUBLIC HEARINGS
A. PUBLIC HEARING TO CONSIDER A RESOLUTION MAKING CERTAIN
FINDINGS RELATED TO THE CALIFORNIA MUNICIPAL FINANCE
AUTHORITY BOLD PROGR AM FOR MONTECITO / H UDSON
DEVELOPMENT PROJECTS IN THE CITY OF JURU PA VALLEY.
LOCATION: TRACT 3705 2 (HUDSON DEVELOPMEN T) IS LOCATED WEST OF HUDSON STREET BETWEEN 59TH AND 60TH. TRACT 37893 (MONTECITO DEVELOPME NT) IS LOCATED ON AG ATE AND
MISSION
1. That the City Council conduct a public hearing regarding the financing of public improvements to be owned by the Jurupa Area Recreation & Park District in connection with the Montecito/Hudson Development Projects
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through the formation of a Community Facilities District and the issuance of bonds by the California Municipal Finance Authority; and
2. That the City Council adopt Resolution No. 2022-04, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY, MAKING A FINDING OF SIGNIFICANT
BENEFITS FOR THE FINANCING OF CERTAIN PUBLIC
IMPROVEMENTS BY A COMMUNITY FACILITIES DISTRICT
TO BE FORMED BY THE CALIFORNIA MUNICIPAL FINANCE
AUTHORITY THROUGH ITS BOND OPPORTUNITIES FOR
LAND DEVELOPMENT (BOLD) PROGRAM
B. PUBLIC HEARING TO CONSIDER ZONING CODE AME NDMENT NO. 21009, IMPLEMENTING TRADITIONAL NEIGHBORHOOD DESIGN
STANDARDS FOR NEW RESIDENTIAL SUBDIVISIONS THAT EXCEED
TWO (2) UNITS PER ACRE
Requested Action: That the City Council conduct a first reading and introduce Ordinance No. 2022-01, entitled:
AN ORDINANCE OF THE CITY OF JURUPA VALLEY AMENDING THE
JURUPA VALLEY MUNICI PAL CODE CONCERNING TRADITIONAL
NEIGHBORHOOD DESIGN STANDARDS AND FINDIN G AN
EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) UNDER SEC TION 15061(B)(3) OF THE CEQA
GUIDELINES
C. PUBLIC HEARING REGARDING THE ANNEXATION OF TERRITORY (ZONE Z) TO THE CITY OF JURUPA VALLEY LANDSCAPE AND
LIGHTING MAINTENANCE DISTRICT NO. 89 -1-CONSOLIDATED
(THE “DISTRICT”) AND THE LEVY AND COLLECTION OF
ASSESSMENTS WITHIN SUCH TERRITORY; SOUTHEAST CORNER
OF RUBIDOUX BOULEVARD AND EL RIVINO ROAD (AGUA MANSA
COMMERCE PARK)
Requested Action: That the City Council adopt Resolution No. 2022-05, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, ORDERING THE ANNEXATION OF TERRITORY (ZO NE Z);
LOCATED AT THE SOUTHEAST CORNER OF RUBIDOUX
BOULEVARD AND EL RIVINO ROAD INTERSECTION, TO CITY OF
JURUPA VALLEY LANDSCAPE AND LIGHTING MAINTENANCE
DISTRICT NO. 89-1-CONSOLIDATED, CONFIRMING A DIAGRAM AND
ASSESSMENT, ORDERING THE IMPROVEMENTS AND THE LEVY
AND COLLECTION OF ASSESSMENTS WITHIN SUCH TERRITORY
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FOR FISCAL YEAR 2022-23 PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS
CODE AND AS PROVIDED BY ARTICLE XIII D OF THE CALIFORNIA
CONSTITUTION
17. COUNCIL BUSINESS
A. APPOINTMENT TO THE COMMUNITY DEVELOPMENT ADVISORY
COMMITTEE (CDAC)
That Council Member Lorena Barajas Bisbee nominate one person to serve on the Community Development Advisory Committee for a term which shall expire on March 21, 2023, or until the Community Development Advisory Committee member’s successors are appointed and sworn -in, whichever is later and which nomination shall be ratified by a majority vote of the entire City Council, pursuant to Chapter 2.36 of the Jurupa Valley Municipal Code.
B. CONSIDERATION OF AN INTERIM URGENCY ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF JURUPA VALLEY ENACTED
PURSUANT TO GOVERNMENT CODE SECTION 65858 ESTABLISHING
EMERGENCY REGULATIONS RELATED TO URBAN LOT SPLITS AND
HOUSING UNITS BUILT IN ACCORDANCE WITH SENATE BILL 9,
DECLARING THE URGENCY THEREOF AND MAKING A
DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
Requested Action: That the City Council adopt Interim Urgency Ordinance No. 2022-02, entitled:
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF JURUPA VALLEY ENACTED PURSUANT TO
GOVERNMENT CODE SECTION 65858 ESTABLISHING EMERGENCY
REGULATIONS RELATED TO URBAN LOT SPLITS AND HOUSING
UNITS BUILT IN ACCORDANCE WITH SENATE BILL 9, DECLARING
THE URGENCY THER EOF AND MAKING A DETERMINATION OF
EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA)
C. RIVERSIDE TRANSMISSI ON RELIABILITY PROJE CT (“RTRP”) --
APPROVAL OF GRANT OF EASEMENT ALLOWING S OUTHERN
CALIFORNIA EDISON CO MPANY TO CONSTRUCT U NDERGROUND
ELECTRICAL TRANSMISSION L INES FOR THE RTRP UN DER PATS
RANCH ROAD (BETWEEN LIMONITE AVENUE AND BELLEGRAVE
AVENUE), BELLEGRAVE AVENUE (BETWEEN PATS RANCH ROAD
AND WINEVILLE AVENUE ), WINEVILLE AVENUE (BETWEEN
BELLEGRAVE AVENUE AN D CANTU GALLEANO RAN CH ROAD),
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AND 68TH STREET (BETWEEN PATS RANCH ROAD AND LUCRETIA
AVENUE) AS PROVIDED IN THE CALIFORNIA PU BLIC UTILITIES COMMISSION’S DECISION APPROVING THE RTRP
Requested Action: That the City Council adopt Resolution No. 2022-06, entitled:
A RESOLUTION OF THE C ITY COUNCIL OF THE CITY OF JU RUPA VALLEY, CALIFORNIA, APPROVING THAT CERTA IN “GRANT OF
EASEMENT AGREEMENT ( UNDERGROUND − TRANSMISSION
EASEMENT)” BETWEEN T HE CITY OF JURUPA VA LLEY AND
SOUTHERN CALIFORNIA EDISON COMPANY AND M AKING
CERTAIN FINDINGS PUR SUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALIT Y ACT FOR THE RIVERS IDE
TRANSMISSION RELIABI LITY PROJECT PURSUAN T TO THE
CALIFORNIA PUBLIC UT ILITIES COMMISSION’S DECISION NO. 20 - 003-001 (CPUC PROCEEDING NO. A1505013)
D. REAFFIRM DECLARATION OF LOCAL EMERGENCY BASED ON
COVID-19 PANDEMIC INCLUDING A FINDING THAT EVICTION
MORATORIUM AND WATER, GAS, CABLE AND ELECTRIC SHUT -
OFF MORATORIUM ARE NOW GOVERNED BY STATE LAW AND ARE
THEREFORE NOT NECESSARY AND MAKE FINDINGS
AUTHORIZING CITY COUNCIL AND CITY LEGISLATIVE BODIES TO
MEET IN WHOLE OR IN PART BY TELECONFERENCING UNDER
GOVERNMENT CODE SECTION 54953(e) DURING THE LOCAL
EMERGENCY
1. Requested Action: That the City Council adopt Resolution No. 2022-07, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY, CALIFORNIA, RECONFIRMING THE
EXISTENCE OF A LOCAL EMERGENCY RELATING TO THE
COVID-19 VIRUS PANDEMIC AND MODIFYING REGULATIONS
TO DEAL WITH COVID-19 PANDEMIC INCLUDING A FINDING
THAT EVICTION MORATORIUM AND WA TER, GAS, CABLE
AND ELECTRIC SHUT -OFF MORATORIUM ARE NOW
GOVERNED BY STATE LAW AND ARE THEREFORE NOT
NECESSARY
2. That the City Council adopt Resolution No. 2022-08, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY, CALIFORNIA, AUTHORIZING PUBLIC
MEETINGS OF ALL CITY LEGISLATIVE BODIES TO BE HELD
WITH A TELECONFERENCE OPTION FOR MEMBERS OF
THOSE BODIES AND THE PUBLIC PURSUANT TO
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GOVERNMENT CODE SECTION 549 53(e), AND MAKING
FINDINGS AND DETERMINATIONS REGARDING THE SAME
E. AUTHORIZING THE TRANSITION OF THE CITY'S DEFINED
CONTRIBUTION PLAN FOR ELIGIBLE EMPLOYEES FROM PUBLIC
AGENCY RETIREMENT SERVICES (PARS) TO THE MISSIONSQUARE/
ICMA RETIREMENT CORPORATION G OVERNMENTAL PROFIT -
SHARING PLAN & TRUST
Requested Action: That the City Council adopt Resolution No. 2022-09, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CA AUTHORIZING THE TRANSITION OF THE CITY'S
DEFINED CONTRIBUTION PLAN FOR ELIGIBLE EMPLOY EES
FROM PUBLIC AGENCY R ETIREMENT SERVICES ( PARS) TO THE
ICMA RETIREMENT CORP ORATION GOVERNMENTAL PROFIT-
SHARING PLAN & TRUST
18. CITY ATTORNEY’S REPORT
19. COUNCIL MEMBER REPORTS AND COMMENTS
20. ADJOURNMENT
Adjourn to the Regular Meeting of February 3, 2022 at 7:00 p.m. at the City Council Chamber, 8930 Limonite Avenue, Jurupa Valley, CA 92509.
In compliance with the Americans with Disabilities Act and Government Code Section 54954.2, if you need special assistance to participate in a meeting of the Jurupa Valley City Council or other services, please contact Jurupa Valley City Hall at (951) 332-6464. Notification at least 48 hours prior to the meeting or time when services are needed will assist staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
Agendas of public meetings and any other writings distributed to all, or a majority of, Jurupa Valley City Council Members in connection with a matter subject t o discussion or consideration at an open meeting of the City Council are public records. If such writing is distributed less than 72 hours prior to a public meeting, the writing will be made available for public inspection at the City of Jurupa Valley, 8930 Limonite Avenue, Jurupa Valley, CA 92509, at the time the writing is distributed to all, or a majority of, Jurupa Valley City Council Members. The City Council may also post the writing on its Internet website at www.jurupavalley.org.
Agendas and Minutes are posted on the City’s website at www.jurupavalley.org.
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120
STAFF REPORT
DATE: JANUARY 20, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: JOE PEREZ, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: AGENDA ITEM NO. 2.A
STUDY SESSION TO DISCUSS INCLUSIONARY HOUSING POLICIES
AND THE AFFORDABLE HOUSING IN-LIEU FEE STUDY
RECOMMENDATION
That the City Council receive, discuss and file a presentation from RSG, Inc. regarding inclusionary housing policies and the affordable housing in-lieu fee study.
BACKGROUND
On September 2, 2021, the City Council approved an Agreement with RSG, Inc. to conduct an Affordable Housing In-Lieu Fee study in order to establish fees the City could levy upon housing developers as an alternative to imposing an inclusionary housing requirement. The City currently does not have an inclusionary housing ordinance, but has been working with many recent housing development applicants to secure affordable housing as a component of approved projects. In some cases, the applicants are seeking to pay into a housing trust fund in-lieu of building affordable units on site. The purpose of the affordable housing in-lieu fee study was to ascertain an appropriate fee to be charged in these circumstances. At some point in the future, the City may proceed to codify its inclusionary housing requirements by creating an ordinance.
The study session presentation will address the following topics:
The initial findings related to feasibility of single-family, townhome, and multi-family housing for lower income households.
The different variables that may be utilized depending on the City’s housing goals. The financial impacts on proposed and entitled developments. The estimated affordable unit production attributed to the inclusionary policy or in- lieu fee in relation to the City’s RHNA allocation.
RETURN TO AGENDA
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ANALYSYS
Inclusionary housing policies require applications for development of new, market rate, non-income restricted housing to designate a percentage of units for affordable households, who earn less than 120 percent of the County area median income (AMI), adjusted for household size and tenure (ownership or rental). Inclusionary housing policies are often accompanied by alternatives to the production of housing on -site, typically allowing applicants to either donate land or pay a fee in -lieu of on -site development. The City would then utilize the donated land, or the in-lieu fees accumulated in an affordable housing fund, to provide incentives or subsidies for the production of affordable housing and support administrative functions related to affordable housing development, including the preparation of inclusionary housing plans and affordable housing agreements for eligible projects. Local affordable housing funds are often leveraged with other regional, State, and Federal funding sources by affordable housing developers to produce more units of housing with the same "local dollars" than might be achieved with an on-site only inclusionary housing policy.
Inclusionary housing policies are generally implemented in one of three ways:
1. Through an inclusionary housing ordinance that applies citywide.
2. Through an overlay zone where a specific area or type of affor dable housing is designated.
3. On a case-by-case basis during the discretionary approval process.
Several factors must be considered in development of an inclus ionary housing policy, including local housing economics, variables that ensure fee competitiveness in the region, and unit production goals resulting from the policy or in -lieu fee collections. An inclusionary housing policy should be designed to meet loc al affordable housing goals without impeding feasibility of market rate housing development. In addition, an inclusionary housing policy should be based on local real estate economics and a sound methodology, and should be easy for the development communit y to understand and calculate independently and for City staff to administer.
The key variables of an inclusionary housing policy include:
The target households (whether aligned with the RHNA allocation, or some other affordability standards).
The proportion of new units that are desired to be inclusionary (typically ranging from 10 to 15 percent, rarely exceeding 15 percent).
Whether or not the application of the policy varies for different household tenure (ownership or rental).
Characteristics of recently built, under -construction, and proposed housing in the City were utilized to estimate development costs for single-family, townhome, and multi-family housing ("market prototypes"). Comparing the development costs to the supporta ble
AGENDA ITEM NO. 13.A
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MINUTES
OF THE REGULAR MEETING
OF THE JURUPA VALLEY CITY COUNCIL
December 16, 2021
The meeting was held at the Jurupa Valley City Council Chamber, 8930 Limonite Avenue, Jurupa Valley, CA
1. 7:00 PM - CALL TO ORDER AND ROLL CALL FOR REGULAR SESSION ● Lorena Barajas Bisbee, Mayor
● Chris Barajas, Mayor Pro Tem
● Leslie Altamirano, Council Member
● Brian Berkson, Council Member
● Guillermo Silva, Council Member
Mayor Lorena Barajas Bisbee called the regular meeting to order at 7:06 p.m.
2. INVOCATION was given by Pastor Kermit Perry from 3P’s Christian Ministries.
3. PLEDGE OF ALLEGIANCE was led by Mayor Lorena Barajas Bisbee.
4. APPROVAL OF AGENDA
A motion was made by Council Member Leslie Altamirano, seconded by Mayor Pro Tem Chris Barajas, to approve the Agenda.
Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None
Absent: None
5. CITY COUNCIL REORGANIZATION
Pursuant to Resolution No. 2011-02, at its last regular City Council meeting in December, the City Council shall select from among its members a Mayor and Mayor Pro Tem to serve for the following year. The Mayor and Mayor Pro Tem shall take office on January 1 of each year. The term of office for the Mayor and the Mayor Pro Tem shall be a calendar year from January 1 through December 31.
6. A. ELECTION OF MAYOR AND MAYOR PRO TEM
The City Clerk read aloud the nomination procedure. Mayor Lorena Barajas Bisbee opened the floor for nominations for the office of Mayor.
Council Member Brian Berkson nominated Mayor Pro Tem Chris Barajas to serve as Mayor. There being no further nominations, the nominations were
RETURN TO AGENDA
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closed. Mayor Pro Tem Chris Barajas received a majority vote and was elected to serve as Mayor for a term expiring December 31, 2022.
Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None
Absent: None
B. ELECTION OF MAYOR PRO TEM
Mayor Lorena Barajas Bisbee opened the floor for nominations for the office of Mayor Pro Tem.
Council Member Guillermo Silva nominated Council Member Leslie Altamirano to serve as Mayor Pro Tem. There being no further nominations, the nominations were closed. Council Member Leslie Altamirano received a majority vote and was elected to serve as Mayor Pro Tem for a term expiring December 31, 2022.
Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None
Absent: None
7. PRESENTATIONS
A. RECOGNITION TO OUTGOING MAYOR LORENA BARAJAS
Members of the City Council congratulated Mayor Lorena Barajas Bisbee on her leadership as mayor. As a token of appreciation, she was presented with a gavel plaque in appreciation of her service. Mayor Lorena Barajas Bisbee expressed appreciation for the recognition and thanked her colleagues on the City Council and City staff.
8. PUBLIC APPEARANCE/COMMENTS
There were no public comments.
9. INTRODUCTIONS, ACKNOWLEDGEMENTS, COUNCIL COMMENTS AND
ANNOUNCEMENTS
There were no Council comments.
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10. CITY COUNCIL MEMBER ORAL/WRITTEN REPORTS REGARDING
REGIONAL BOARDS AND COMMISSIONS
A. MAYOR LORENA BARAJAS BISBEE
1. Mayor Lorena Barajas Bisbee gave an update on the Western Riverside County Regional Conservation Authority Board of Directors meeting of December 6, 2021.
B. MAYOR PRO TEM CHRIS BARAJAS
1. Mayor Pro Tem Chris Barajas gave an u pdate on the Western Riverside Council of Governments – Executive Committee meeting of December 6, 2021.
2. Mayor Pro Tem Chris Barajas gave an u pdate on the Western Riverside Council of Governments – Administration and Finance Committee meeting of December 8, 2021.
3. Mayor Pro Tem Chris Barajas gave an u pdate on the Western Community Energy Joint meeting of the Board of Directors and Technical Advisory Committee meeting of December 8, 2021.
C. COUNCIL MEMBER BRIAN BERKSON
1. Council Member Berkson gave an u pdate on the Riverside County Transportation Commission meeting of December 8, 2021.
2. Council Member Berkson gave an u pdate on th e N orthwest Transportation Now Coalition meeting of December 9, 2021.
3. Council Member Berkson gave an u pdate on the Metrolink/Southern California Regional Rail Authority meeting of December 10, 2021.
4. Council Member Berkson gave an u pdate on th e Mobile Source Air Pollution Reduction Review Committee meeting of December 16, 2021.
11. CITY MANAGER’S UPDATE
City Manager Rod Butler thanked the Council and community members for coming out to the annual Holiday Tree lighting event on December 3, 2021. He asked for feedback o r any suggestions for next year’s event. He announced that city hall will be closed on Friday, December 24th, Monday, December 25th and Friday, December 31 st in observance of the Christmas and New Year holidays.
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12. SHERIFF’S DEPARTMENT UPDATE
Lieutenant Jason Sexton introduced himself to the Council as the City’s new Police Chief for the Jurupa Valley station. He gave a brief update on the Sheriff’s Department and recent activities.
13. APPROVAL OF MINUTES
A. DECEMBER 2, 2021 REGULAR MEETING
A motion was made by Council Member Guillermo Silva, seconded by Mayor Pro Tem Chris Barajas , to approve the Minutes of the December 2 , 2021 regular meeting.
Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None
Absent: None
14. CONSENT CALENDAR
A. COUNCIL APPROVAL OF A MOTION TO WAIVE THE READING OF
THE TEXT OF ALL ORDINANCES AND RESOLUTIONS INCLUDED IN
THE AGENDA
Requested Action: That the City Council waive the reading of the text of all ordinances and resolutions included in the agenda.
B. ORDINANCE NO. 2021-29
Requested Action: That the City Council conduct a second reading and adopt Ordinance No. 2021-29, entitled:
AN ORDINANCE OF THE CITY OF JURUPA VALLE Y, CALIFORNIA,
AMENDING THE JURUPA VALLEY MUNICIPAL CODE ELIMINATING
EXPANSION OR ESTABLISHMENT OF TRUCK INTENSIVE USES IN
VARIOUS COMMERCIAL, INDUSTRIAL, AND MANUF ACTURING
ZONES AND FINDING AN EXEMPTION FROM CEQA UNDER SECTION
15061(B)(3) OF THE CEQA GUIDELINES
C. ORDINANCE NO. 2021-31
Requested Action: That the City Council conduct a second reading and adopt Ordinance No. 2021-31, entitled:
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AN ORDINANCE OF THE CI TY OF JURUPA VALLEY , CALIFORNIA, AMENDING SECTION 2.05.100 OF THE JURUPA VALLEY MUNICIPAL
CODE RELATING TO THE ADJUSTMENT OF COUNCIL DISTRICT
BOUNDARIES PURSUANT TO THE REQUIREMENTS OF ELECTIONS
CODE SECTIONS 21600 TO 21609
D. ORDINANCE NO. 2021-32
Requested Action: That the City Council conduct a second reading and adopt Ordinance No. 2021-32, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DIST RICT NO. 2019 -001 (PARADISE
KNOLLS) OF THE CITY OF JURUPA VALLEY, AMENDING
ORDINANCE NO. 2020 -06 TO ALTER THE RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAX
E. APPROVAL OF CITY HOLIDAY SCHEDULE
Requested Action: That the City Council pass and adopt Resolution No. 2021-101, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, DESIGNATING HOLIDAYS ON WHICH CITY OFFICES
SHALL BE CLOSED FOR CALENDAR YEAR 2022
F. RESOLUTION APPROVING THE COMPLIANCE REPORT THAT
REQUIRES ANNUAL INSPECTION OF CERTAIN OCCUPANCIES
PURSUANT TO SECTION 13146.2 AND 13146.3 OF THE CALIFORNIA
HEALTH AND SAFETY CODE
Requested Action: That the City Council adopt Resolution No. 2021-102, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, ACKNOWLEDGING RECEIPT OF A REPORT
MADE BY THE FIRE CHIEF OF THE RIVERSIDE COUNTY FIRE
DEPARTMENT REGARDING COMPLIANCE WITH THE ANNUAL
INSPECTION OF CERTAIN OCCUPANCIES PURSUANT TO SECTIONS
13146.2 AND 13146.3 OF THE CALIFORNIA HEALTH AND SAFETY CODE
G. AMENDMENT TO THE WES TERN RIVERSIDE COUNC IL OF
GOVERNMENTS (WRCOG) JOINT POWERS AGREEMENT TO MAKE
A SERIES OF CHANGES WHICH ARE INTENDED T O REMOVE
REFERENCES TO THE ME MBERSHIP OF THE MORONGO BAND OF
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MISSION INDIANS , MODERNIZE LANGUAGE A ND PROCESSES,
REVISE INDEMNITY LANGU AGE, AND REMOVE AN OUTDATED
ARBITRATION PROVISION
Requested Action: That the City Council authorize the Mayor to execute the Amendment to the Joint Powers Agreement of the Western Riverside Council of Governments to authorize a number of revisions.
H. FIRST AMENDMENT TO THE AGREEMENT FOR PERMITTING
SYSTEM SOFTWARE AND IMPLEMENTATION SERVICES WITH
ACCELA
Requested Action: That the City Council approve the First Amendment to the Agreement with Accela, Inc. for permitting system software and implementation services and authorize the Mayor to execute the First Amendment in substantially the form and format attached to the staff report as approved by the City Attorney.
A motion was made by Council Member Brian Berkson , seconded by Mayor Pro Tem Chris Barajas, to approve the Consent Calendar.
Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None
Absent: None
15. CONSIDERATION OF ANY ITEMS REMOVED FROM THE CONSENT
CALENDAR
16. PUBLIC HEARINGS
17. COUNCIL BUSINESS
A. ANNUAL RECONFIRMATION PROCESS FOR MEMBERS OF THE
COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
City Clerk Victoria Wasko presented the staff report. Ms. Wasko reported that Mr.
Edward Lee has submitted his resignation and an appointment to fill that vacancy will be made at the January 20, 2022 Council meeting.
A motion was made by Council Member Guillermo Silva, seconded by Council Member Brian Berkson , to reconfirm the appointment of Community Development Advisory Committee members Evelyn Hedrick, Rachel Lopez, Donald Oaks, and Benito Valenzuela pursuant to Section 2.36.030 of the Jurupa Valley Municipal Code.
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Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None
Absent: None
B. ANNUAL RECONFIRMATION PROCESS FOR MEMBERS OF THE
PLANNING COMMISSION
City Clerk Victoria Wasko presented the staff report.
A motion was made by Council Member Brian Berkson, seconded by Council Member Guillermo Silva , to reconfirm the appointment of Planning Commissioners’ Armando Carmona, Hakan Jackson, Penny Newman, Arleen Pruitt, and Laura Shultz pursuant to Section 2.35.030(E) of the Jurupa Valley Municipal Code.
Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None
Absent: None
C. ANNUAL RECONFIRMATION PROCESS FOR MEMBERS OF THE
TRAFFIC SAFETY COMMITTEE
City Clerk Victoria Wasko presented the staff report.
A motion was made by Council Member Guillermo Silva, seconded by Mayor Pro Tem Chris Barajas , to reconfirm the appointments of Traffic Safety Committee members Hugo Bustamante, Carol Crouch, Robert Galindo, and Mayra Jackson pursuant to Resolution No. 2017-67.
Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None
Absent: None
D. APPOINTMENT OF REPRESENTATIVES AND ALTERNATES TO
REGIONAL BOARDS AND COMMITTEES
City Clerk Victoria Wasko presented the staff report.
a. A motion was made by Mayor Pro Tem Chris Barajas, seconded by Council Member Guillermo Silva, to appoint Lorena Barajas Bisbee as the representative to the Western Riverside County Regional Conservation Authority and Leslie Altamirano , as the alternate for a term expiring December, 2022.
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Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None
Absent: None
b. A motion was made by Mayor Pro Tem Chris Barajas, seconded by Council Member Guillermo Silva, to appoint Brian Berkson as the representative to the Riverside County Transportation Commission and Guillermo Silva as the alternate for a term expiring December, 2022.
Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None
Absent: None
c. A motion was made by Mayor Pro Tem Chris Barajas, seconded by Council Member Guillermo Silva, to appoint Brian Berkson as the representative to the Riverside Transit Agency and Guillermo Silva as the alternate for a term expiring December, 2022.
Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None
Absent: None
d. A motion was made by Mayor Pro Tem Chris Barajas, seconded by Council Member Guillermo Silva, to appoint Chris Barajas as the representative to the Western Riverside Council of Governments and Lorena Barajas Bisbee as the alternate for a term expiring December, 2022.
Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None
Absent: None
e. A motion was made by Mayor Pro Tem Chris Barajas, seconded by Council Member Guillermo Silva, to appoint Chris Barajas as the representative to the Western Community Energy Board of Directors and Brian Berkson as the alternate for a term expiring December, 2022.
Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None
Absent: None
f. A motion was made by Mayor Pro Tem Chris Barajas, seconded by Council Member Guillermo Silva, to appoint Guillermo Silva as the representative to the Northwest Mosquito and Vector Control District for a term expiring December, 2023. (2 year term/no alternate required)
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Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None
Absent: None
g. A motion was made by Mayor Pro Tem Chris Barajas, seconded by Council Member Guillermo Silva, to appoint Rod Butler as the representative and Connie Cardenas as the alternate to the Public Entity Risk Management Authority for a term expiring December, 2022.
Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None
Absent: None
h. A motion was made by Mayor Pro Tem Chris Barajas, seconded by Council Member Guillermo Silva, to appoint Chris Barajas and Leslie Altamirano to the City Celebration Committee for a term expiring December, 2022.
Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None
Absent: None
E. CONSIDERATION OF A RESOLUTION APPROVING A REVISED FAIR POLITICAL PRACTICES COMMISSION FORM 806 REFLECTING THE
APPOINTMENTS MADE TO THE REGIONAL BOARDS AND
COMMISSIONS
City Clerk Victoria Wasko presented the staff report.
A motion was made by Council Member Brian Berkson , seconded by Mayor Pro Tem Chris Barajas, to adopt Resolution No. 2021-103, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, APPROVING A REVISED FAIR POLITIC AL PRACTICES
COMMISSION FORM 806 REGARDING THE APPOIN TMENT OF
COUNCIL MEMBERS TO COMPENSATED POSITIONS
Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None
Absent: None
18. CITY ATTORNEY’S REPORT
City Attorney Peter Thorson had no report.
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19. COUNCIL MEMBER REPORTS AND COMMENTS
Council Member Guillermo Silva suggested that an introductory meeting be set up to meet the members of the City’s boards and committees to create more collaborative interactions.
He thanked his colleagues on the Council for welcoming him to the City Council and for making him feel like family. He congratulated Chris Barajas on his election as Mayor and Leslie Altamirano on her election as Mayor Pro Tem.
Council Member Leslie Altamirano wished everyone a safe and happy holiday. She thanked staff for their outstanding efforts on the holiday tree lighting event. She thanked Mayor Lorena Barajas for her leadership and she congratulated Chris Barajas on his election as Mayor.
Council Member Brian Berkson wished everyone a very safe and happy 2022.
Mayor Pro Tem Chris Barajas wished everyone a safe and happy holiday.
Mayor Lorena Barajas wished everyone a happy holiday and Happy New Year, urging everyone to celebrate safely. She congratulated Chris Barajas on his election as Mayor and Leslie Altamirano on her election as Mayor Pro Tem. She thanked staff for their efforts and for such wonderful holiday decorations.
20. ADJOURNMENT
There being no further business before the City Council, Mayor Lorena Barajas Bisbee adjourned the meeting at 8:05 p.m.
The next meeting of the Jurupa Valley City Council will be held January 20, 2022 at 7:00 p.m. at the City Council Chamber, 8930 Limonite Avenue, Jurupa Valley, CA 92509.
Respectfully submitted,
____________________________
Victoria Wasko, CMC
City Clerk
Page | 1
120
STAFF REPORT
DATE: JANUARY 20, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: CONNIE CARDENAS, ADMINISTRATIVE SERVICES DIRECTOR
SUBJECT: AGENDA ITEM NO. 14.B
CHECK REGISTERS
RECOMMENDATION
That the City Council ratify the check registers dated November 23 and December 02, 09, 16, 23, and 30, 2021 and January 06, 2022 as well as the payroll register s dated November 26, and 30 and December 10, 24 and 31, 2021.
The City Council of the City of Jurupa Valley authorizes expenditures through the annual budget process. The FY 2021-22 Budget was adopted on June 17, 2021. Expenditures not included in the annual budget process are approved by resolution throughout the fiscal year.
ANALYSIS
All expenditures on the attached check registers have been approved by the City Council and are in conformance with the authority provided by Section 37208 of the Government Code. The check register dated December 16, 2021 includes payments of $19,930.57 and $12,191.76 to Chase Card Services. The check register dated January 06, 2022 includes a payment of $12,696.86 to Chase Card Services. The Statement s, with purchase details, is attached herewith.
OTHER INFORMATION
None.
FINANCIAL IMPACT
Check registers:
11/23/21 $ 593,177.25
12/02/21 $ 173,387.38
RETURN TO AGENDA
Page | 1
120
STAFF REPORT
DATE: JANUARY 20, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: VICTORIA WASKO, CMC, CITY CLERK
SUBJECT: AGENDA ITEM NO. 14.C
AUTHORIZING THE DESTRUCTION OF CERTAIN OBSOLETE CITY
RECORDS
RECOMMENDATION
1) That the City Council adopt Resolution No. 2022-01, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN
OBSOLETE CITY RECORDS
BACKGROUND
The City’s records are an important asset of the City; however, over time various records lose their legal, fiscal, or administrative significance. The City Clerk’s office is recommending that the City Council approve the destruction of obsolete records that have reached the end of their retention and have no further legal, fiscal, or administrative value.
The proposed resolution complies with the City’s Records Management Policy which was adopted by Resolution No. 2018 -06. The intent of this policy is to apply efficient and economical management methods to the creation, utilization, maintenance, retention, preservation, and disposal of City records.
ANALYSIS
Following the adoption of a City resolution and approval by the City Attorney, City staff may destroy inactive records when they have satisfied all legal retention requirements.
Destruction is carried out in accordance with the City’s Record Retention Schedules and pursuant to Government Code Section 34090.
RETURN TO AGENDA
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RESOLUTION NO. 2022-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF JURUPA VALLEY, CALIFORNIA, AUTHORIZING THE
DESTRUCTION OF CERTAIN OBSOLETE CITY
RECORDS
THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals. The City Council of the City of Jurupa Valley does hereby find, determine and declare that:
(a) At their February 15, 2018 meeting, the City Council adopted Resolution No. 2018-06 approving the City of Jurupa Valley Records Management Policies and Procedures Manual; and
(b) The City of Jurupa Valley Records Management Policies and Procedures Manual contains the records retention and disposition schedules for all City departments. The records retentio n and disposition schedules are a comprehensive listing of records created or maintained by the City, the length of time each record should be retained, and the legal retention authority. If no legal retention authority is cited, the retention period is ba sed on state law and standard records management practice; and
(c) Government Code section 34090 provides that, with the approval of the City Council and the written consent of the City Attorney, the head of a City department may destroy certain city records, documents, instruments, books or papers under the Department Head’s charge, without making a copy, if the records are no longer needed; and (d) A list of the records, documents, instruments, books or papers proposed for destruction is attached hereto as Exhibit A, and incorporated herein, and shall hereafter be referred to collectively as the “Records”; and
(e) The Records do not include any records affecting title to real property or liens upon real property, court records, records required to be kept by statute, records less than two years old, video or audio recordings that are evidence in any claim or pending litigation, or the minutes, ordinances or resolutions of the City Council or any City board or commission; and (f) The City Clerk agrees that the proposed destruction conforms to the City’s retention and disposition schedules; and
(g) The City Attorney consents to the destruction of the Records; and (h) The City Council of the City of Jurupa Valley finds and determines that the Records are no longer required and may be destroyed.
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Section 2. The City Council of the City of Jurupa Valley authorizes the City Clerk or her designated representative to destroy the Records as shown as Exhibit A , without retaining a copy as described therein.
Section 3. The destruction of the Records pursuant to this Resolution is hereby approved.
_______________________________________
Peter M. Thorson
City Attorney
City of Jurupa Valley
Section 4. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED and ADOPTED, by the City Council of the City of Jurupa Valley on this 20th day of January 2022.
______________________________________
Chris Barajas
Mayor
ATTEST:
_______________________________________
Victoria Wasko, CMC
City Clerk
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF JURUPA VALLEY )
I, Victoria Wasko, City Clerk of the City of Jurupa Valley, do hereby certify that t he foregoing Resolution No. 2022-01 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 20th day of January 2022 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 20th day of January 2022.
Victoria Wasko, City Clerk
City of Jurupa Valley
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EXHIBIT “A” TO RESOLUTION NO. 2022-01
City of Jurupa Valley
City Clerk’s Office
List of Records Scheduled for Destruction and Scanning in CY 2022 Record Series File Number 120-02 – City Council Agendas (Scanned in City Clerk’s Permanent Records)
Retention Completed, plus 2 years. Scan for reference
City Council Agendas 2018
Record Series File Number 120-05 – City Council Speaker Cards Retention: Completed, plus 2 years
Information is in the Minutes
City Council Speaker Cards 2019
Record Series File Number 200-02 – Check/Payroll Register Agenda Reports Retention: Originals kept for 5 years
Permanently stored in Laserfiche Records Depository
Check/Payroll Registers 2016
Record Series File Number 340-04 – Claims for Damages
Retention: 7 years after claim is closed or settled
Antonio Hernandez DOL: 10/28/2011 Closed: 9/19/2011
Tyler Rosen DOL: 7/30/2011 Closed 9/28/2012
Melissa Rickard DOL: 7/12/2012 Closed: 9/17/2012
Jose Magana DOL: 8/4/2011 Closed: 5/3/2012
Cindy Hernandez DOL: 1/7/2012 Closed: 4/11/2012
Rita Montoya DOL: 4/16/2013 Closed: 12/18/2013
Araceli Cruz DOL: 3/1/2013 Closed: 10/30/2013
Matthew Jones DOL: 1/7/2013 Closed: 8/20/2013
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Mercury Ins/James Reid DOL: 10/1/2012 Closed: 8/12/2013 Michael Stevens DOL: 10/11/2012 Closed: 8/8/2013
Yolanda Luna DOL: 9/12/2012 Closed: 6/21/2013
Trina Friend DOL: 4/19/2013 Closed: 6/21/2013
Rita Montoya DOL: 4/16/2013 Closed: 5/22/2013
Patricia Crocker DOL: 7/11/2012 Closed: 4/24/2013
Rictor Glass DOL: 7/11/2012 Closed: 3/14/2013
Jose Mendez DOL: 10/12/2013 Closed: 11/18/2014
Sean Colter DOL: 11/2/2013 Closed: 11/18/2014
Justin Martinez DOL: 3/6/2014 Closed: 11/4/2014
David Stevens DOL: 2/10/2014 Closed: 10/28/2014
Justin Martinez DOL: 11/21/2013 Closed: 10/8/2014
Maria Del Carmen Perez DOL: 11/23/2013 Closed: 9/17/2014 Stephan J. Reynolds DOL: 01/02/2014 Closed: 9/17/2014
Justin Martinez DOL: 10/20/2013 Closed: 9/15/2014
Ramon Cisneros DOL: 3/31/2014 Closed: 8/19/2014
Brenda Vargas DOL: 1/7/2014 Closed: 8/27/2014
Melissa Yelverton DOL: 12/14/2013 Closed: 8/26/2014
Noel Melendez DOL: 5/27/2013 Closed: 7/28/2014
Laura Guzman DOL: 11/21/2013 Closed: 7/7/2014
Samantha Wehrman DOL: 7/23/2013 Closed: 3/17/2014
Sammy Estrada DOL: 5/20/2013 Closed: 3/17/2014
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Jacqueline Sanchez DOL: 7/23/2013 Closed: 8/14/2013
Maria Tosado, et al. DOL: 9/6/2012 Closed: 3/10/2014
Jason Resar DOL: 7/23/2013 Closed: 3/6/2014
Tamara Edick DOL: 7/23/2013 Closed: 3/6/2014
Tatiana Garcia Meza DOL: 7/23/2013 Closed: 3/6/2014
Sivari Cole DOL: 7/23/2013 Closed: 3/6/2014
Roger Williams DOL: 7/23/2013 Closed: 3/6/2014
Glen Avon Food, Inc.
dba Rio Ranch Market DOL: 10/11/2012 Closed: 2/3/2014
Albert Harnden DOL: 6/22/2013 Closed: 2/3/2014
Starr Mikami DOL: 4/5/2013 Closed: 1/21/2014
Salvador Magana DOL: 5/19/2013 Closed: 1/7/2014
Record Series File Number 540 – Capital Improvement Projects Retention: Permanent – May image CIP file after Notice of Completion is filed Permanently Stored in City Clerk’s Laserfiche Records Depository 2012-13 Annual Slurry Seal Project
Notice of Completion 1/13/2015
2012-13 Pavement Rehabilitation Project
Notice of Completion 10/29/2013
2013-14 Camino Real Pavement Restriping Project
Notice of Completion 7/27/2015
2013-14 Pavement Rehabilitation Project
Notice of Completion 6/30/2015
2013 Country Village Road Pavement Rehab. Project
Notice of Completion 7/7/2014
2013 Linares Avenue Pavement Rehabilitation Project
Notice of Completion 7/7/2014
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2013 Van Buren Blvd Pavement Rehabilitation Project – Phase 1B Notice of Completion 9/17/2014
2014 Limonite Ave Median Harscape Project
Notice of Completion 1/13/2015
2014 Pavement Rehabilitation Project (Manhole Adjusting, Inc. dba MAI-PCC) Notice of Completion 6/30/2015
2014 Traffic Signal Controller Upgrades Sierra Pacific Electrical Notice of Completion 11/9/2017
2015 28th Street Pavement Rehabilitation
Notice of Completion 2/29/2016
2015 Limonite Avenue Pavement, Phase 2 All American Asphalt Notice of Completion 6/23/2016
2015 Pavement Rehabilitation Project City-Wide
Notice of Completion 8/9/2016
2016 30th Street Pavement Rehabilitation Project
Notice of Completion 8/31/2016
2016 ADA Curb, Ramp, Sidewalk
Notice of Completion 9/22/2017
2016 Bellegrave Avenue Paving Project
Notice of Completion 5/2/2016
2016 Citywide Pavement Rehabilitation Project Phase 5, RJ Noble Notice of Completion 9/22/2017
2016 Citywide Pavement Rehabilitation Project
Notice of Completion 5/25/2017
2016 Citywide Pavement Rehabilitation Project Phase 2 – Various Streets Notice of Completion 4/12/2017
2016 Citywide Pavement Rehabilitation Project Phase 4 – Hardy & Harper Notice of Completion 8/9/2017
2016 Golden West Ave 45th Golden to Opal Street
Notice of Completion 5/25/2017
2016 Limonite Avenue Street Improvements Etiwanda to Bain Street Notice of Completion 1/24/2018
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2016 Pavement Rehabilitation, Phase 7 All American Asphalt Notice of Completion 3/29/2018
2016 Slurry Seal Project
Notice of Completion 1/27/2017
2016 Streets, Alleys, Sidewalks Citywide ADA Curb, Ramp & Sidewalk Notice of Completion 10/14/2016
2016 Streets, Alleys, Sidewalks Van Buren Guardrail Project Notice of Completion 7/27/2016
2016 T.R.I.P. Pavement Rehabilitation Phase One
Notice of Completion 5/25/2017
2017-18 ADA Upgrades Project LC Paving & Sealing, Inc. Notice of Completion 8/27/2018
2017 Citywide Pavement Rehabilitation, #6 All American Asphalt, Inc. Notice of Completion 3/28/2018
2017 Pavement Coatings Company Slurry Seal Project Notice of Completion 3/27/2019
2017 Riverside Drive Widening All American Asphalt
Notice of Completion 12/7/2018
2017 Steve Avenue Drainage Improvements ABNY General Engineering Notice of Completion 10/11/2018
2018-19 ADA Improvements
Notice of Completion 7/24/2020
2018-19 Slurry Seal Project American Asphalt South, Inc. Notice of Completion 3/27/2019
2018 Jurupa Valley Safe Routes to School All American Asphalt Notice of Completion 4/17/2019
2018 Limonite Avenue and Marlatt Street Pedestrian Hybrid Beacon Notice of Completion 12/9/2020
2018 Rubidoux Pavement Rehabilitation – Project No. 18-A-2 Notice of Completion 7/24/2020
2018 Van Buren Pavement Rehabilitation – Phase 2A
Notice of Completion 10/26/2018
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2019-20 CDBG – Pontiac Ave Neighborhood Pavement Rehabilitation Notice of Completion 12/9/2020
2019 Acceptance of Streets Tract 31644-1 (Serrano Jurupa) Notice of Completion 3/25/2020
2019 Acceptance of Streets Tract 32677 (Cantera)
Notice of Completion 3/25/2020
2019 Acceptance of Streets Tract 33428 (Harvest Village) Notice of Completion 3/25/2020
2019 Acceptance of Streets Tract 33428-1 (Harvest Village) Notice of Completion 3/25/2020
2019-20 Pavement Coatings, Co. Slurry Seal Project
Notice of Completion 7/24/2020
2019 Traffic Signal Modifications – 17C.2 Sturgeon Electrical California, LLC Notice of Completion 12/9/2020
2020 Corey Street and Kennedy Street Pavement Rehabilitation Project No. 19104 Notice of Completion 12/9/2020
2020 Granite Hill Drive Pavement Rehabilitation Project No. 19103 Notice of Completion 12/9/2020
2020 Pavement Rehabilitation (Hardy & Harper)
Notice of Completion 4/28/2021
2020 Pedley Road Intersection Improvements Project No. 16-B (Onyx Paving Company)
Notice of Completion 7/13/2021
2021 Mission Boulevard ADA Improvements
Notice of Completion 10/1/2021
Record Series File Number 1030-08 – Request for Records Retention: Completion, plus 2 years Public Records Act
Requests 2018
A-7
Record Series File Number 320-03 FPPC Forms – Statements of Economic Interests – Form 700s
Retention: Current, plus 7 years
Form 700 – Donald Allison (Left Office 12/3/2014)
Form 700 – Danny Feltenberger (Left Office 4/01/2014)
Form 700 – Roy Stephenson (Left Office 3/21/2014)
Form 700 – Julie Robbins (Left Office 3/28/2014)
Form 700 – Donald Porter (Left Office 12/17/2013)
Form 700 – Laurie Lovret (Left Office 3/27/2014)
Form 700 – Stephen Harding (Left Office 7/31/2014)
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120
STAFF REPORT
DATE: JANUARY 20, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS
SUBJECT: AGENDA ITEM NO. 14.D
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY ACCEPTING CERTAIN STREETS INTO TH E CITY
MANTAINED STREET SYSTEM FOR TRACT MAP 20249 LOCATED
NORTH OF INDIAN HILLS GOLF CLUB BETWEEN THE
INTERSECTIONS OF GOLF STREET AND STARVIEW DRIVE AND
KACHINA DRIVE AND VIRTUE VISTA DRIVE (ICB JURUPA VALLEY 55 LLC)
RECOMMENDATION:
1. That the City Council adopt Resolution No. 2022-02, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY ACCEPTING CERTAIN STREETS INTO THE CITY MAINTAINED STREET SYSTEM (TRACT MAP 20249 LOCATED NORTH OF INDIAN
HILLS GOLF CLUB BETWEEN THE INTERSECTIONS OF GOLF STREET
AND STARVIEW DRIVE AND KACHINA DRIVE AND VIRTUE VISTA
DRIVE). PURSUANT TO STREETS AND HIGHWAYS CODE SECTION 1806
2. Authorize the City Manager to record the Notice of Completion; and
3. Authorize the City Engineer to reduce the Performance Bond and Material and Labor Bond for the street improvements to start the one-year warranty period; after which the City Engineer may fully release the bond.
BACKGROUND
Tentative Tract Map 20249 subdivision agreements and bonds were accepted by City Council October 18, 2018. The subdivision is a 43-lot low-density single-family residential subdivision located on 24.56 acres. The owner dedicated to public use for street and public utility purposes streets designated as lettered lots on the map. The Final Map was
RETURN TO AGENDA
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approved by County Board of Supervisors and recorded on July 27, 1990, prior to City incorporation. Subdivision Agreements were executed and bonds were provided by the developer to secure required improvements.
ANALYSIS
The developer ICB Jurupa Valley 55 , LLC , completed c onstruction of the required improvements for Tract 20249. Staff inspected the improvements for compliance with the approved plans, adopted conditions of approval, the City’s Standard Plans and Specifications, and the Municipal Code. All improvements have been constructed and completed to the satisfaction of the City Engineer. The developer is ready to start the one- year warranty period and has requested the improvement bond be reduced to 10% during the warranty period.
The streets now being accepted by this action are shown on the attached map. The Performance Bond and Material and Labor Bond will be reduced to 10%.
The developer provided street centerline ties and monument records. All monuments identified on the map are confirmed.
OTHER INFORMATION
Previous Actions:
City Council meeting of October 18, 2018: City Council approved Final Tract Map 20249 subdivision agreements and accepted improvements bonds.
FISCAL IMPACT
The Public Works Department will maintain the public improvements on the streets dedicated to the City and accepted on the map for Tract 20249. Maintenance of the public streets is primarily funded with Gas Tax (revenue from State gas tax). Maintenance of the water and sewer line facilities are the responsibility of Jurupa Community Services District (JCSD).
ALTERNATIVES
1. Take no action.
2. Provide alternative direction to staff.
12774-0001\2201048v1.doc
RECORDING REQUESTED
BY AND WHEN RECORDED
MAIL TO:
City Clerk
City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509-5183
______________________________________________________________________________________ EXEMPT FROM RECORDING FEE PER GOVT. CODE § 6103
RESOLUTION NO. 2022-02
A RESOLUT ION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY
ACCEPTING CERTAIN STREETS INTO THE CITY INTO THE CITY -MAINTAINED STREET SYSTEM (TRACT MAP 20249 LOCATED NORTH OF INDIAN HILLS GOLF
CLUB BETWEEN THE INTERSECTIONS OF GOLF STREET AND STARVIEW DRIVE
AND KACHINA DRIVE AND VIRTUE VISTA DRIVE) PURSUANT TO STREETS AND HIGHWAYS CODE SECTION 1806
THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY DOES RESOLVE AS FOLLOWS:
The City Council hereby finds, determines and declares that:
Tract Map 20249 was recorded by the Riverside County Recorder on July 27, 1990 (“Tract Map”).
Pursuant to Government Code Sections 66477.1 and 66477.2 and other applicable law, the Tract Map offered for dedication to the City certain land for streets, public utilities and associated drainage and public improvements as described on Exhibit A, attached hereto and incorporated herein by this reference (“Streets”).
The City’s acceptance of the dedication of the Streets is conditioned on the completion of construction of the Streets and associa ted drainage and public improvements in accordance with City Standards and improvement plans approved by the City Engineer as provided in the Subdivision Improvement Agreement for the Streets entered into between the City and the owner of the tract.
The City Engineer has inspected the Streets and has determined that the Streets and the public improvements related thereto have been satisfactorily completed in accordance with Improvement Plan No. IP16-001, approved by the City Engineer.
The City Council her eby accepts the Streets and related drainage and public improvements as described and depicted on Exhibit A into the City -Maintained Street System pursuant to Streets and Highways Code Section 1806.
-2-
12774-0001\2201048v1.doc
The City Clerk shall cause this Resolution and its exhib its to be recorded in the Official Records of the County of Riverside.
The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 20th day of January, 2022.
____________________________
Chris Barajas
Mayor
ATTEST:
_______________________________
Victoria Wasko, CMC
City Clerk
-3-
12774-0001\2201048v1.doc
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF JURUPA VALLEY )
I, Victoria Wasko, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Resolution No. 202 2-02 was duly passed and adopted at a regular meeting of the City Council of the City of Jurupa Valley on the 20th day of January 2022 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 20th day of January, 2022.
________________________________
Victoria Wasko, City Clerk
City of Jurupa Valley
A-1
EXHIBIT A
STREETS AND RELATED PUBLIC IMPROVEMENTS FOR TRACT 20249 GOLF STREET (approximately 350 LF from tract boundary)
KACHINA DRIAVE (approximately 160 LF from tract boundary)
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120
STAFF REPORT
DATE: JANUARY 20, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR PUBLIC WORKS/CITY ENGINEER
SUBJECT: AGENDA ITEM NO. 14.E
APPROVAL OF REPLACEMENT SUBDIVISION AGREEMENTS AND
ACCEPTANCE OF REPLACEMENT BONDS FOR TRACT MAP 32722
LOCATED ON THE NORTH SIDE OF MISSION BOULEVARD BETWEEN
PYRITE STREET AND CAMINO REAL (KEYSTONE DCS, INC.)
RECOMMENDATION
It is recommended that the City Council:
1. Approve and authorize the Mayor and City Clerk to execute the replacement Subdivision Agreements; and
2. Accept the rider to Faithful Performance Bond # 024252674 in the amount of $401,000 and Material and Labor Bond # 024252674 in the amount of $ 200,500 from The Ohio Casualty Insurance Company for the construction of improvements within Tract Map 32722 and the Faithful Performance Bond # 024252676 in the amount of $10,000 from International Fidelity Insurance Company for the subdivision monuments.
BACKGROUND
At the regularly scheduled meeting on May 16, 201 9, the City Council voted 5 -0 to approve Final Tract Map 32722, approve and authorize the Mayor and City Clerk to execute the Subdivision Improvement Agreements, and to accept the Faithful Performance Bonds and Material and Labor Bonds. These agreements and bonds were obtained from Hacienda Properties, LLC. Hacienda Properties, LLC has since sold the tract to Keystone DCS, Inc. Keystone DCS, Inc is to construct the improvements and replace the bonds and agreements currently recorded with the City.
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ANALYSIS
Final Tract Map 32722 provides for the development of 16 single-family residential units and all associated road and utility improvements on a 5.24-acre site located on the north side of Mission Boulevard between Pyrite Street and Camino R eal. The next step in the process is consideration of the replacement agre ements for the subdivision work and reassigning the surety to guarantee completion of the work.
The City Attorney has reviewed and approved the Subdivision Improvement Agreements and the Improvement Bond forms. Staff recommends that the City Council accept the replacement subdivision agreements and public improvement bonds.
OTHER INFORMATION
Previous Actions:
City Council meeting of May 16, 2019. City Council approved Final Tract Map 32722, subdivision agreements, and accepted offers of dedication and improvement bonds from Hacienda Properties, LLC.
FINANCIAL IMPACT
The City will continue to receive development fees and payments as part of the obligations defined in the Municipal Code.
ALTERNATIVES
1. Take no action.
2. Provide alternative direction to staff.
************************** SIGNATURES ON FOLLOWING PAGE **************************
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STAFF REPORT
DATE: JANUARY 20, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: AGENDA ITEM NO. 14.F
APPROVAL OF TRANSPORTATION UNIFORM MITIGATION FEE (TUMF)
REIMBURSEMENT AGREEMENTS BY AND BETWEEN THE WESTERN
RIVERSIDE COUNCIL OF GOVERNMENTS (WRCOG) AND THE CITY OF
JURUPA VALLEY FOR THE VAN BUREN BOULEVARD WIDENING
(LIMONITE TO SANTA ANA RIVER), MARKET STREET WIDENING
(RUBIDOUX TO SANTA ANA RIVER), CANTU GALLEANO RANCH ROAD GAP CLOSURE (BELLEGRAVE TO .31 MILES WEST), AND
BELLEGRAVE AVENUE WIDENING (CANTU GALLEANO RANCH TO
VAN BUREN)
RECOMMENDATION
1. That the City Council approve and authorize the City Manager to execute the TUMF Reimbursement Agreement by and between WRCOG and the City of Jurupa Valley for Van Buren Boulevard Widening (Limonite to Santa Ana River) – Right-of-Way and Construction phases in substantially the form attach ed and as approved by the City Attorney; and
2. Approve and authorize the City Manager to execute the TUMF Reimbursement Agreement by and between WRCOG and the City of Jurupa Valley for Market Street Widening (Rubidoux to Santa Ana River) – Planning and Engi neering phases in substantially the form attached and as approved by the City Attorney; and
3. Approve and authorize the City Manager to execute the TUMF Reimbursement Agreement by and between WRCOG and the City of Jurupa Valley for Cantu Galleano Ranch Road Gap Closure (Bellegrave to .31 miles west) – Planning and Engineering phases in substantially the form attached and as approved by the City Attorney; and
4. Approve and authori ze the City Manager to execute the TUMF Reimbursement Agreement by and between WRCOG and the City of Jurupa Valley for Bellegrave
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Page | 2
Avenue Widening (Cantu Galleano Ranch to Van Buren ) – Planning and Engineering phases in substantially the form attached and as approved by the City Attorney
BACKGROUND
Van Buren Boulevard, Market Street, Cantu Galleano Ranch Road, and Bellegrave Avenue are all regionally significant arterials in the City and accommodate substantial commuter/truck traffic. All of these roadways are WRCOG Northwest Zone TUMF routes and are eligible for a fair shar of fees collected through this transportation improvement program for the roadway’s improvement. See the table below for the programmed funds that are being requested with these agreements.
Project Phase(s) Programmed
Amount
Van Buren Boulevard ROW and Construction $5,525,000
Market Street PA/ED and PS&E $793,000
Cantu Galleano Ranch Road PA/ED and PS&E $76,000
Bellegrave Avenue PA/ED and PS&E $140,000
In October 2021 Staff completed and submitted draft WRCOG standard reimbursement agreements requesting WRCOG’s authorization to enter into a TUMF reimbursement agreement for all four projects.
At their November 2021 Executive Committee meeting WRCOG authorized entering into these reimbursement agreements with the City for the various projects/phases requested.
Approval of these agreements will authorize the funding for the planning/engineering phases on Market Street, Cantu Galleano Ranch Road, and Bellegrave Ave. Construction and right-of-way funding will be authorized for Van Buren Boulevard upon approval.
City Staff are nearing completion of final design plans for Van Buren Boulevard. All ROW impacts have been determined as part of the design.
ANALYSIS
Terms of WRCOG’s standard reimbursement agreement, among other matters, includes a specific scope of work (Exhibit A of each agreement) which describes generally the project and the phases which are included in the agreement.
Completion of the PA/ED and PS&E phases of Mar ket Street, Cantu Galleano Ranch Road, and Bellegrave Avenue will advance these much-needed improvements to a “shelf ready” status. Amendments to these agreements will be needed later to authorize the funding for the construction of these projects. The agreement for Van Buren Boulevard will authorize the funding to acquire the necessary ROW and begin construction of the project.
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Reimbursement as it relates to these agreements occurs after incurring eligible expenses and submittal of a City request for payment to WRCOG.
OTHER INFORMATION
Previous Actions:
December 21, 2017 – City Council approved the PA/ED and PS&E agreement for Van Buren Boulevard
FINANCIAL IMPACT
As the terms of the agreement provide for reimbursement, costs incurred by the City musts first be paid before the same amounts can then be disbursed by WRCOG to the City.
No General Fund monies are required for approval of this agreement.
ALTERNATIVES
1. Do not approve Agreements as recommended (this alternative would preclude the City receiving the reimbursement of TUMF funds for the project).
2. Provide alternate direction to staff.
*****SIGNATURES ON FOLLOWING PAGE*****
Attachment A
TUMF Reimbursement Agreement for Van Buren Boulevard
16-NW-JVL-1184
TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM
AGREEMENT TO REIMBURSE TUMF FUNDS
VAN BUREN BLVD, LIMONITE AVE TO SANTA ANA RIVER
ROW & CON
THIS REIMBURSEMENT AGREEMENT (“Agreement”) is ente red into as of this day of ____, 2021, by and between the Western Riverside Co uncil of Governments (“WRCOG”), a California joint powers authority and the City of Jurupa Valley, a California municipal corporation (“AGENCY”). WRCOG and AGENCY are sometimes hereina fter referred to individually as “Party” and collectively as “Parties”.
RECITALS
A. WRCOG is the Administrator of the Transportatio n Uniform Mitigation Fee Program of Western Riverside County (“TUMF Program”).
B. WRCOG has identified and designated certain tra nsportation improvement projects throughout Western Riverside County as projects of regional importance (“Qualifying Projects” or “Projects”). The Qualifying Projects are more s pecifically described in that certain WRCOG study titled “TUMF Nexus Study”, as may be amended from time to time. Qualifying Projects can have Regional or Zonal significance as further described in the TUMF Nexus Study.
C. The TUMF Program is funded by TUMF fees paid by new development in Western Riverside County (collectively, “TUMF Program Funds”). TUMF Program Funds are held in trust by WRCOG for the purpose of funding the Qualifying Projects.
D. The AGENCY proposes to implement a Qualifying P roject, and it is the purpose of this Agreement to identify the project and to set forth the terms and conditions by which WRCOG will release TUMF Program Funds.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual cov enants and subject to the conditions contained herein, the Parties hereby agree as follows:
1. Description of the Qualifying Project. This Ag reement is intended to distribute TUMF Program Funds to the AGENCY for VAN BUREN BOUL EVARD, LIMONITE TO SANTA ANA RIVER, (the “Project”), a Qualifying Project. The Work, including a timetable and a detailed scope of work, is more fully described in Exhibit “A” attached hereto and incorporated herein by reference and, pursuant to Section 20 bel ow, is subject to modification if requested by the AGENCY and approved by WRCOG. The work shall b e consistent with one or more of the defined WRCOG Call for Projects phases detailed herein as follows:
1) PA&ED – Project Approvals & Environmental Document
2) PS&E – Plans, Specifications and Estimates
3) R/W – Right of Way Acquisition and Utility Relocation 4) CON – Construction
16-NW-JVL-1184
2. WRCOG Funding Amount. WRCOG hereby agrees to d istribute to AGENCY, on the terms and conditions set forth herein, a sum not to exceed FIVE MILLION FIVE HUNDRED TWENTY FIVE THOUSAND DOLLARS ($5,525,000), to be used for reimbursing the AGENCY for eligible Project expenses as described in Secti on 3 herein (“Funding Amount”). The Parties acknowledge and agree that the Funding Amount may b e less than the actual cost of the Project.
Nevertheless, the Parties acknowledge and agree that WRCOG shall not be obligated to contribute TUMF Program Funds in excess of the maximum TUMF sh are identified in the TUMF Nexus Study (“Maximum TUMF Share”), as may be amended from time to time.
3. Project Costs Eligible for Advance/Reimbursemen t. The total Project costs (“Total Project Cost”) may include the following items, provided that such items are included in the scope of work attached hereto as Exhibit “A” (“Scope of Work”): (1) AGENCY and/or consultant costs associated with direct Project coordination and sup port; (2) funds expended in preparation of preliminary engineering studies; (3) funds expended for preparation of environmental review documentation for the Project; (4) all costs associ ated with right-of-way acquisition, including right-of-way engineering, appraisal, acquisition, l egal costs for condemnation procedures if authorized by the AGENCY, and costs of reviewing appraisals and offers for property acquisition; (5) costs reasonably incurred if condemnation proce eds; (6) costs incurred in the preparation of plans, specifications, and estimates by AGENCY or c onsultants; (7) AGENCY costs associated with bidding, advertising and awarding of the Proje ct contracts; (8) construction costs, including change orders to construction contract approved by the AGENCY; (9) construction management, field inspection and material testing costs; and (1 0) any AGENCY administrative cost to deliver the Project.
4. Ineligible Project Costs. The Total Project Co st shall not include the following items which shall be borne solely by the AGENCY wit hout reimbursement: (1) any AGENCY administrative fees attributed to the reviewing and processing of the Project; and (2) expenses for items of work not included within the Scope of Work in Exhibit “A”.
5. Procedures for Distribution of TUMF Program Fun ds to AGENCY.
(a) Initial Payment by the AGENCY. The AGENCY shal l be responsible for initial payment of all the Project costs as they ar e incurred. Following payment of such Project costs, the AGENCY shall submit invoices to WRCOG re questing reimbursement of eligible Project costs. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to the AGENCY, and documents evidencing the AGENCY’s payment of the invoices or demands for payment. Documents evi dencing the AGENCY’S payment of the invoices shall be retained for four (4) years and s hall be made available for review by WRCOG.
The AGENCY shall submit invoices not more often than monthly and not less often than quarterly.
(b) Review and Reimbursement by WRCOG. Upon receip t of an invoice from the AGENCY, WRCOG may request additional documentation or explanation of the Project costs for which reimbursement is sought. Undisputed amou nts shall be paid by WRCOG to the AGENCY within thirty (30) days. In the event that WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute. If th e meet and confer process is unsuccessful in 16-NW-JVL-1184
resolving the dispute, the AGENCY may appeal WRCOG’s decision as to the eligibility of one or more invoices to WRCOG’s Executive Director. The W RCOG Executive Director shall provide his/her decision in writing. If the AGENCY disagrees with the Executive Director’s decision, the AGENCY may appeal the decision of the Executive Dir ector to the full WRCOG Executive Committee, provided the AGENCY submits its request for appeal to WRCOG within ten (10) days of the Executive Director’s written decision. The d ecision of the WRCOG Executive Committee shall be final. Additional details concerning the procedure for the AGENCY’s submittal of invoices to WRCOG and WRCOG’s consideration and payment of submitted invoices are set forth in Exhibit “B”, attached hereto and incorporated herein by reference.
(c) Funding Amount/Adjustment. If a post Project a udit or review indicates that WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Maximum TUMF Share of the Project, or has provided reimbursement of ineligible Project costs, the AGENCY shall reimburse WRCOG for the excess or ineligible payments within 30 days of notification by WRCOG.
6. Increases in Project Funding. The Funding Amou nt may, in WRCOG’s sole discretion, be augmented with additional TUMF Progr am Funds if the TUMF Nexus Study is amended to increase the maximum eligible TUMF share for the Project. Any such increase in the Funding Amount must be approved in writing by WRCOG’s Executive Director. In no case shall the amount of TUMF Program Funds allocated to the AGENCY exceed the then-current maximum eligible TUMF share for the Project. No such increased funding shall be expended to pay for any Project already completed. For purposes of this Ag reement, the Project or any portion thereof shall be deemed complete upon its acceptance by WRC OG’s Executive Director which shall be communicated to the AGENCY in writing.
7. No Funding for Temporary Improvements. Only se gments or components of the construction that are intended to form part of or b e integrated into the Project may be funded by TUMF Program Funds. No improvement which is temporary in nature, including but not limited to temporary roads, curbs, tapers or drainage facil ities, shall be funded with TUMF Program Funds, except as needed for staged construction of the Project.
8. AGENCY’s Funding Obligation to Complete the Proj ect. In the event that the TUMF Program Funds allocated to the Project represent less than the total cost of the Project, the AGENCY shall provide such additional funds as may be required to complete the Project.
9. AGENCY’s Obligation to Repay TUMF Program Funds to WRCOG; Exception For PA&ED Phase Work. Except as otherwise expressl y excepted within this paragraph, in the event that: (i) the AGENCY, for any reason, determ ines not to proceed with or complete the Project; or (ii) the Project is not timely complete d, subject to any extension of time granted by WRCOG pursuant to the terms of this Agreement; the AGENCY agrees that any TUMF Program Funds that were distributed to the AGENCY for the Project shall be repaid in full to WRCOG, and the Parties shall enter into good faith negotiation s to establish a reasonable repayment schedule and repayment mechanism. If the Project involves work pursuant to a PA&ED phase, AGENCY shall not be obligated to repay TUMF Program Funds to WRCOG relating solely to PA&ED phase work performed for the Project.
16-NW-JVL-1184
10. AGENCY’s Local Match Contribution. AGENCY loc al match funding is not required, as shown in Exhibit “A” and as called out in the AGENCY’s Project Nomination Form submitted to WRCOG in response to its Call for Projects.”
11. Term/Notice of Completion. The term of this Ag reement shall be from the date first herein above written until the earlier of the following: (i) the date WRCOG formally accepts the Project as complete, pursuant to Section 6; (ii ) termination of this Agreement pursuant to Section 15; or (iii) the AGENCY has fully satisfied its obligations under this Agreement. All applicable indemnification provisions of this Agree ment shall remain in effect following the termination of this Agreement.
12. Representatives of the Parties. WRCOG’s Execut ive Director, or his or her designee, shall serve as WRCOG’s representative and shall have the authority to act on behalf of WRCOG for all purposes under this Agreement. The A GENCY hereby designates Rod Butler, City Manager , or his or her designee, as the AGENCY’s representa tive to WRCOG. The AGENCY’s representative shall have the authority to act on behalf of the AGENCY for all purposes under this Agreement and shall coordinate all activities of the Project under the AGENCY’s responsibility. The AGENCY shall work closely and cooperate fully with WRCOG’s representative and any other agencies which may have jurisdiction over or an interest in the Project.
13. Expenditure of Funds by AGENCY Prior to Executi on of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the Project prior to the execution of the Agreement , or from being reimbursed by WRCOG for such expenditures. However, the AGENCY understands and acknowledges that any expenditure of funds on the Project prior to the execution of t he Agreement is made at the AGENCY’s sole risk, and that some expenditures by the AGENCY may not be eligible for reimbursement under this Agreement.
14. Review of Services. The AGENCY shall allow WRC OG’s Representative to inspect or review the progress of the Project at any reasonable time in order to determine whether the terms of this Agreement are being met.
15. Termination.
(a) Notice. Either WRCOG or AGENCY may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach.
During the 30 day cure period, the Parties shall di scuss, in good faith, the manner in which the breach can be cured.
(b) Effect of Termination. In the event that the A GENCY terminates this Agreement, the AGENCY shall, within 180 days, repay to WRCOG any unexpended TUMF Program Funds provided to the AGENCY under this Agr eement and shall complete any portion or segment of work for the Project for which TUMF P rogram Funds have been provided. In the event that WRCOG terminates this Agreement, WRCOG s hall, within 90 days, distribute to the AGENCY TUMF Program Funds in an amount equal to the aggregate total of all unpaid invoices 16-NW-JVL-1184
which have been received from the AGENCY regarding the Project at the time of the notice of termination; provided, however, that WRCOG shall be entitled to exercise its rights under Section 5(b), including but not limited to conducting a rev iew of the invoices and requesting additional information. Upon such termination, the AGENCY sha ll, within 180 days, complete any portion or segment of work for the Project for which TUMF P rogram Funds have been provided. This Agreement shall terminate upon receipt by the non-t erminating Party of the amounts due to it hereunder and upon completion of the segment or por tion of Project work for which TUMF Program Funds have been provided.
(c) Cumulative Remedies. The rights and remedies o f the Parties provided in this Section are in addition to any other rights an d remedies provided by law or under this Agreement.
16. Prevailing Wages. The AGENCY and any other per son or entity hired to perform services on the Project are alerted to the requirem ents of California Labor Code Sections 1770 et seq., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The AGENCY shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Project. The AGENCY shall defend, indemnify, and hold harmless W RCOG, its officers, employees, consultants, and agents from any claim or liability , including without limitation attorneys, fees, arising from its failure or alleged failure to comp ly with California Labor Code Sections 1770 et seq.
17. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with progress reports concerning the status of the Project.
18. Indemnification.
(a) AGENCY Responsibilities. In addition to the in demnification required under Section 16, the AGENCY agrees to indemnify an d hold harmless WRCOG, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by t his Agreement including all design and construction activities, due to negligent acts, err ors or omissions or willful misconduct of the AGENCY or its subcontractors. The AGENCY will reim burse WRCOG for any expenditures, including reasonable attorneys’ fees, incurred by WRCOG, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of the AGENCY. (b) WRCOG Responsibilities. WRCOG agrees to inde mnify and hold harmless the AGENCY, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negl igent acts, errors or omissions or willful misconduct of WRCOG or its sub-consultants. WRCOG will reimburse the AGENCY for any expenditures, including reasonable attorneys’ fees, incurred by the AGENCY, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of WRCOG.
16-NW-JVL-1184
(c) Effect of Acceptance. The AGENCY shall be resp onsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Project. WRCOG’s review, acceptance or funding of any services performed by the AGENCY or any other person or entity under this Agreement shall not be construed to operate as a waiver of any rights WRCOG may hold under this Agreement or o f any cause of action arising out of this Agreement. Further, the AGENCY shall be and remain liable to WRCOG, in accordance with applicable law, for all damages to WRCOG caused by the AGENCY’s negligent performance of this Agreement or supervision of any services provided to complete the Project.
19. Insurance. The AGENCY shall require, at a mini mum, all persons or entities hired to perform the Project to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the AGENCY and WRCOG. Such insurance shall be maintained throughout the term o f this Agreement, or until completion of the Project, whichever occurs last.
(a) Commercial General Liability Insurance. Occurr ence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall:
(i) Name WRCOG and AGENCY, and their respective of ficials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Project and shall contain no special limitat ions on the scope of coverage or the protection afforded to these insured;
(ii) Be primary with respect to any insurance or s elf-insurance programs covering WRCOG and AGENCY, and/or their respective officials, officers, employees, agents, and consultants; and
(iii) Contain standard separation of insured provis ions.
(b) Business Automobile Liability Insurance. Busin ess automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.
(c) Professional Liability Insurance. Errors and o missions liability insurance with a limit of not less than $1,000,000.00 Profess ional liability insurance shall only be required of design or engineering professionals.
(d) Workers’ Compensation Insurance. Workers’ compe nsation insurance with statutory limits and employers’ liability insurance with limits of not less than $1,000,000.00 each accident.
20. Project Amendments. Changes to the characteris tics of the Project, including the deadline for Project completion, and any responsibi lities of the AGENCY or WRCOG may be requested in writing by the AGENCY and are subject to the approval of WRCOG’s Representative, 16-NW-JVL-1184
which approval will not be unreasonably withheld, provided that extensions of time for completion of the Project shall be approved in the sole discre tion of WRCOG’s Representative. Nothing in this Agreement shall be construed to require or all ow completion of the Project without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; “CEQA”) and the National Environmental Policy Act o f 1969 (42 USC 4231 et seq. ), if applicable, but the necessity of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in completion of the Project.
21. Conflict of Interest. For the term of this Agr eement, no member, officer or employee of the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
22. Limited Scope of Duties. WRCOG’s and the AGENC Y’s duties and obligations under this Agreement are limited to those described herein. WRCOG has no obligation with respect to the safety of any Project performed at a job site. In addition, WRCOG shall not be liable for any action of AGENCY or its contractors relating to the condemnation of property undertaken by AGENCY or construction related to the Project.
23. Books and Records. Each party shall maintain c omplete, accurate, and clearly identifiable records with respect to costs incurred for the Project under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vou chers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement. Further, each party sh all furnish to the other party, its agents or employees such other evidence or information as the y may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least four (4) years following termination o f this Agreement, and they shall have access to such information during the four-year period for the purposes of examination or audit.
24. Equal Opportunity Employment. The Parties repr esent that they are equal opportunity employers and they shall not discrimina te against any employee or applicant of reemployment because of race, religion, color, nati onal origin, ancestry, sex or age. Such non- discrimination shall include, but not be limited to , all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
25. Governing Law. This Agreement shall be governe d by and construed with the laws of the State of California.
26. Attorneys’ Fees. If either party commences an action against the other party 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 attorneys’ fees and costs of suit.
27. Time of Essence. Time is of the essence for ea ch and every provision of this Agreement.
16-NW-JVL-1184
28. Headings. Article and Section Headings, paragr aph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein.
29. Public Acknowledgement. The AGENCY agrees th at all public notices, news releases, information signs and other forms of comm unication shall indicate that the Project is being cooperatively funded by the AGENCY and WRCOG TUMF Program Funds.
30. No Joint Venture. This Agreement is for fundi ng purposes only and nothing herein shall be construed to make WRCOG a party to the con struction of the Project or to make it a partner or joint venture with the AGENCY for such purpose.
31. Compliance With the Law. The AGENCY shall co mply with all applicable laws, rules and regulations governing the implementation of the Qualifying Project, including, where applicable, the rules and regulations pertaining to the participation of businesses owned or controlled by minorities and women promulgated by the Federal Highway Administration and the Federal Department of Transportation.
32. Notices. All notices hereunder and communica tions regarding interpretation of the terms of this Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
If to AGENCY: City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, California 92509
Attention: Paul Toor, Director of Public Works/ City Engineer Telephone: 951-332-6464
Facsimile: 951-332-6995
If to WRCOG: Western Riverside Council of Governm ents 3390 University Avenue; Suite 200
Riverside, California 92501
Attention: Christopher Gray, Director of Transp ortation Telephone: (951) 405-6710
Facsimile: (951) 223-9720
Any notice so given shall be considered served on t he other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice sha ll be deemed adequate notice on the date actual notice occurred regardless of the method of service.
33. Integration; Amendment. This Agreement conta ins the entire agreement between the PARTIES. Any agreement or representation respe cting matters addressed herein that are not expressly set forth in this Agreement is null and v oid. This Agreement may be amended only by mutual written agreement of the PARTIES.
16-NW-JVL-1184
34. Severability. If any term, provision, condit ion or covenant of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby.
35. Conflicting Provisions. In the event that prov isions of any attached appendices or exhibits conflict in any way with the provisions se t forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties’ understanding concerning the Agreement.
36. Independent Contractors. Any person or entitie s retained by the AGENCY or any contractor shall be retained on an independent cont ractor basis and shall not be employees of WRCOG. Any personnel performing services on the Pr oject shall at all times be under the exclusive direction and control of the AGENCY or co ntractor, whichever is applicable. The AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on th e Project and as required by law. The AGENCY or consultant shall be responsible for all r eports and obligations respecting such personnel, including, but not limited to: social se curity taxes, income tax withholding, unemployment insurance and workers’ compensation insurance.
37. Effective Date. This Agreement shall not be effecti ve until executed by both Parties. The failure of one party to execute this Agreement within forty-five (45) days of the other party executing this Agreement shall render any execution of this Agreement ineffective.
38. No Third Party Beneficiaries. There are no intende d third party beneficiaries of any right or obligation assumed by the Parties.
[SIGNATURES ON FOLLOWING PAGE]
16-NW-JVL-1184
I
N WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives to be effective on the day and year first above-written.
WESTERN RIVERSIDE COUNCIL CITY OF JURUPA VALLEY
OF GOVERNMENTS
By: Date: By: Date:
Dr. Kurt Wilson Rod Butler
Executive Director City Manager
Approved to Form:
By: Date:
Steven C. DeBaun
General Counsel
11/23/2021
12/1/21
16-NW-JVL-1184
Exhibit A
EXHIBIT “A”
SCOPE OF WORK
SCOPE OF WORK:
ROW: The ROW phase of the Van Buren Boulevard, Limonite to Santa Ana River Project includes the ordering of title reports, appraisal services for all affected properties, negation with various property owners, and escrow services for the acquisition of all temporary construction easements or permanent right-of-way necessary to construct the project.
CONSTRUCTION: The proposed Project widens Van Buren Boulevard to provide six (6) total lanes, three (3) in each direction while maintaining the existing raised center median and providing curb and gutter between Limonite Avenue and the Santa Ana River.
The proposed improvements will generally include grading activities, pavement widening, curb and gutter construction, drainage facilities, utility relocations, traffic signal modifications, retaining walls and sound walls.
16-NW-JVL-1184
Exhibit A – 1
EXHIBIT “A-1”
ESTIMATE OF COST
Phase TUMF LOCAL TOTAL
PA&ED $0 $130,000 $130,000
PS&E $0 $325,000 $325,000
RIGHT OF WAY $4,231,000 $0 $4,231,000
CONSTRUCTION $1,294,000 $0 $1,294,000
TOTAL $5,525,000 $455,000 $5,980 ,000
16-NW-JVL-1184
Exhibit A – 2
EXHIBIT “A-2”
PROJECT SCHEDULE
TIMETABLE:
Phase
Estimated
Completion Date Estimated Cost Comments
PA&ED 3/4/2021 $130,000
PS&E 12/31/2021 $325,000
RIGHT OF WAY 1/28/2021 $4,231,000
CONSTRUCTION 6/30/2022 $1,294,000
TOTAL $5,98 0,000
16-NW-JVL-1184
Exhibit B
Elements of Compensation
EXHIBIT “B”
PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES
1. For professional services, WRCOG recommends tha t the AGENCY incorporate this Exhibit “B-1” into its contracts with any subcontractors to establish a standard method for preparation of invoices by contractors to the AGENC Y and ultimately to WRCOG for reimbursement of AGENCY contractor costs.
2. Each month the AGENCY shall submit an invoice for eligible Project costs incurred during the preceding month. The original invoice shall be submitted to WRCOG’s Executive Director with a copy to WRCOG’s Project Coordinator . Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit “B-2”.
3. For jurisdictions with large construction projec ts (with the total construction cost exceeding $10 million) under construction at the same time, m ay with the approval of WRCOG submit invoices to WRCOG for payment at the same ti me they are received by the jurisdiction. WRCOG must receive the invoice by th e 5 th day of the month in order to
process the invoice within 30 days. WRCOG will retain 10% of the invoice until all costs have been verified as eligible and will release the balance at regular intervals not more than quarterly and not less than semi-annually. If there is a discrepancy or ineligible costs that exceed 10% of the previous invoice WRCOG will deduc t that amount from the next payment.
4. Each invoice shall include documentation from each contractor used by the AGENCY for the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsh eets showing the hours or amounts expended by each contractor or subcontractor for t he month and for the entire Project to date. Samples of acceptable task level documentation and progress reports are attached as Exhibits “B-4” and “B-5”. All documentation from t he Agency’s contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit “B-3”.
5. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY staff for eligible Project costs, the AGENCY shall provide the same level of information for its labor and any expenses as required of its contract ors pursuant to Exhibit “B” and its attachments.
6. Charges for each task and milestone listed in E xhibit “A” shall be listed separately in the invoice.
7. Each invoice shall include a certification sign ed by the AGENCY Representative or his or her designee which reads as follows:
16-NW-JVL-1184
Exhibit B
“I hereby certify that the hours and salary rates submitted for reimbursement in this invoice are the actual hours and rates worked and paid to the contractors or subcontractors listed.
Signed ________________________________
Title __________________________________
Date __________________________________
Invoice No. ____________________________
8. WRCOG will pay the AGENCY within 30 days after receipt by WRCOG of an invoice. If WRCOG disputes any portion of an invoice, payment f or that portion will be withheld, without interest, pending resolution of the dispute, but the uncontested balance will be paid.
9. The final payment under this Agreement will be made only after: (I) the AGENCY has obtained a Release and Certificate of Final Payment from each contractor or subcontractor used on the Project; (ii) the AGENCY has executed a Release and Certificate of Final Payment; and (iii) the AGENCY has provided copies of each such Release to WRCOG.
16-NW-JVL-1184
Exhibit B-1
EXHIBIT “B-1”
[Sample for Professional Services]
For the satisfactory performance and completion of the Services under this Agreement, Agency will pay the Contractor compensation as set forth herein. The total compensation for this service shall not exceed (_____INSERT WRITTEN DOLLA R AMOUNT___) ($___INSERT NUMERICAL DOLLAR AMOUNT___) without written approval of Agency’s City Manager [or applicable position] (“Total Compensation”).
1. ELEMENTS OF COMPENSATION.
Compensation for the Services will be comprised of the following elements: 1.1 Direct Labor Costs; 1.2 Fixed Fee; and 1.3 Additional Direct Costs.
1.1 D
IRECT LABOR COSTS .
Direct Labor costs shall be paid in an amount equal to the product of the Direct Salary Costs and the Multiplier which are defined as follows:
1.1.1 DIRECT SALARY COSTS
Direct Salary Costs are the base salaries and wag es actually paid to the Contractor's personnel directly engaged in performa nce of the Services under the Agreement. (The range of hourly rates pa id to the Contractor's personnel appears in Section 2 below.)
1.1.2 MULTIPLIER
The Multiplier to be applied to the Direct Salary Costs to determine the Direct Labor Costs is _________________, and is the sum of the following components:
1.1.2.1 Direct Salary Costs ____________________
1.1.2.2 Payroll Additives ____________________
The Decimal Ratio of Payroll Additives to Direct Sa lary Costs . Payroll Additives include all employee benefits, allowances for vacation, sick leave, and holidays, and company portion of employee insurance and social and retirement benefits, all federal and state payr oll taxes, premiums for insurance which are measured by payroll costs, and other contributions and benefits imposed by applicable laws and regulations.
1.1.2.3 Overhead Costs ____________________
16-NW-JVL-1184
Exhibit B-1
The Decimal Ratio of Allowable Overhead Costs to th e Contractor Firm's Total Direct Salary Costs. Allowable Overhead Costs include general, administrative and overhead costs of maintaining and operating established offices, and consistent with established firm polic ies, and as defined in the Federal Acquisitions Regulations, Part 31.2.
Total Multiplier ____________________
(sum of 1.1.2.1, 1.1.2.2, and 1.1.2.3)
1.2 F
IXED FEE .
1.2.1 The fixed fee is $______________________.
1.2.2 A pro-rata share of the Fixed Fee shall be ap plied to the total Direct Labor Costs expended for services each month, and shall be included on each monthly invoice.
1.3 A
DDITIONAL DIRECT COSTS .
Additional Direct Costs directly identifiable to th e performance of the services of this Agreement shall be reimbursed at the rates below, or at actual invoiced cost.
Rates for identified Additional Direct Costs are a s follows:
ITEM REIMBURSEMENT RATE
[___insert charges___]
Per Diem $ /day
Car mileage $ /mile
Travel $ /trip
Computer Charges $ /hour
Photocopies $ /copy
Blueline $ /sheet
LD Telephone $ /call
Fax $ /sheet
Photographs $ /sheet
Travel by air and travel in excess of 100 miles fro m the Contractor's office nearest to Agency’s office must have Agency's prior written ap proval to be reimbursed under this Agreement.
16-NW-JVL-1184
Exhibit B-1
2. DIRECT SALARY RATES
Direct Salary Rates, which are the range of hourly rates to be used in determining Direct Salary Costs in Section 1.1.1 above, are given below and are subject to the following:
2.1 Direct Salary Rates shall be applicable to both str aight time and overtime work, unless payment of a premium for overtime work is re quired by law, regulation or craft agreement, or is otherwise specified in this Agreement. In such event, the premium portion of Direct Salary Costs will not be subject to the Multiplier defined in Paragraph 1.1.2 above.
2.2 Direct Salary Rates shown herein are in effect for one year following the effective date of the Agreement. Thereafter, they may be adj usted annually to reflect the Contractor's adjustments to individual compensation . The Contractor shall notify Agency in writing prior to a change in the range of rates included herein, and prior to each subsequent change.
POSITION OR CLASSIFICATION RANGE OF HOURLY RA TES
[___sample___]
Principal $ .00 - $ .00/hour
Project Manager $ .00 - $ .00/hour
Sr. Engineer/Planner $ .00 - $ .00/hour
Project Engineer/Planner $ .00 - $ .00/hour
Assoc. Engineer/Planner $ .00 - $ .00/hour
Technician $ .00 - $ .00/hour
Drafter/CADD Operator $ .00 - $ .00/hour
Word Processor $ .00 - $ .00/hour
2.3 The above rates are for the Contractor only. All rates for subcontractors to the Contractor will be in accordance with the Contractor's cost proposal.
3. INVOICING.
3.1 Each month the Contractor shall submit an invoice f or Services performed during the preceding month. The original invoice shall be submitted to Agency's Executive Director with two (2) copies to Agency's Project Coordinator.
3.2 Charges shall be billed in accordance with the term s and rates included herein, unless otherwise agreed in writing by Agency's Representative.
3.3 Base Work and Extra Work shall be charged separatel y, and the charges for each task and Milestone listed in the Scope of Services, shall be listed separately. The charges for each individual assigned by the Contrac tor under this Agreement shall be listed separately on an attachment to the invoice.
16-NW-JVL-1184
Exhibit B-1
3.4 A charge of $500 or more for any one item of Additi onal Direct Costs shall be accompanied by substantiating documentation satisfa ctory to Agency such as invoices, telephone logs, etc.
3.5 Each copy of each invoice shall be accompanied by a Monthly Progress Report and spreadsheets showing hours expended by task for eac h month and total project to date.
3.6 If applicable, each invoice shall indicate paym ents to DBE subcontractors or supplies by dollar amount and as a percentage of the total invoice.
3.7 Each invoice shall include a certification sign ed by the Contractor's Representative or an officer of the firm which reads as follows:
I hereby certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to t he employees listed.
Signed _____________________________
Title _____________________________
Date _____________________________
Invoice No. _____________________________
4. PAYMENT
4.1 Agency shall pay the Contractor within four to six weeks after receipt by Agency of an original invoice. Should Agency contest any portion of an invoice, that portion shall be held for resolution, without inter est, but the uncontested balance shall be paid.
4.2 The final payment for Services under this Agree ment will be made only after the Contractor has executed a Release and Certificate of Final Payment.
16-NW-JVL-1184
Exhibit B-2
EXHIBIT B-2
Sample Cover Letter to WRCOG
Date
Western Riverside Council of Governments
3390 University Avenue; Suite 200
Riverside, California 92501
Attention: Deputy Executive Director
ATTN: Accounts Payable
Re: Project Title - Invoice #__
Enclosed for your review and payment approval is the AGENCY’s invoice for professional and technical services that was rendered by our contractors in connection with the 2002 Measure “A” Local Streets and Roads Funding per Agreement No. ________ effective (Month/Day/Year) .
The required support documentation received from each contractor is included as backup to the invoice.
Invoice period covered is from Month/Date/Year to Month/Date/Year .
Total Authorized Agreement Amount: $0,000,000.0 0
Total Invoiced to Date: $0,000,000.00
Total Previously Invoiced: $0,000,000.00
Balance Remaining: $0,000,000.00
Amount due this Invoice: $0,000,000.00
===========
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors listed.
By: _____________________________
Name
Title
cc:
16-NW-JVL-1184
Exhibit B-3
EXHIBIT B-3
Sample Letter from Contractor to AGENCY
Month/Date/Year
Western Riverside Council of Governments
3390 University Avenue; Suite 200
Riverside, California 92501
Attention: Deputy Executive Director
Attn: Accounts Payable Invoice #____________
For [type of services] rendered by [contractor name] in connection with [name of project] This is per agreement No. XX-XX-XXX effective Month/Date/Year .
Invoice period covered is from Month/Date/Year to Month/Date/Year .
Total Base Contract Amount: $000,000.00
Authorized Extra Work (if Applicable) $000,000.00
------------------
TOTAL AUTHORIZED CONTRACT AMOUNT: $000,000.00
Total Invoice to Date: $000,000.00
Total Previously Billed: $000,000.00
Balance Remaining: $000,000.00
Amount Due this Invoice: $000,000.00
==========
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed,
By: ____________________
Name
Title
16-NW-JVL-1184
Exhibit B-4
EXHIBIT B-4
SAMPLE TASK SUMMARY SCHEDULE
(OPTIONAL)
16-NW-JVL-1184
Exhibit B-5
EXHIBIT B-5
Sample Progress Report
REPORTING PERIOD: Month/Date/Year to Month/Date/Yea r
PROGRESS REPORT: #1
A. Activities and Work Completed during Current Work Periods
TASK 01 – 100% PS&E SUBMITTAL
1. Responded to Segment 1 comments from Department of Transportation
2. Completed and submitted Segment 1 final PS&E
B. Current/Potential Problems Encountered & Corrective Action
Problems Corrective Action
None None
C. Work Planned Next Period
TASK 01 – 100% PS&E SUBMITTAL
1. Completing and to submit Traffic Signal and El ectrical Design plans
2. Responding to review comments
Attachment B
TUMF Reimbursement Agreement for Market Street
18-NW-JVL-1197
TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM
AGREEMENT TO REIMBURSE TUMF FUNDS
MARKET STREET (RUBIDOUX TO SANTA ANA RIVER)
PA&ED AND PS&E
THIS REIMBURSEMENT AGREEMENT (“Agreement”) is ente red into as of this day of __ __, 2021, by and between the Western Riverside Council of Governments (“WRCOG”), a California joint powers authority and the City of Jurupa Valley, a California municipal corporation (“AGENCY”). WRCOG and AGENCY are sometimes hereinafter referred to individually as “Party” and collectively as “Parties”.
RECITALS
A. WRCOG is the Administrator of the Transportatio n Uniform Mitigation Fee Program of Western Riverside County (“TUMF Program”).
B. WRCOG has identified and designated certain tra nsportation improvement projects throughout Western Riverside County as projects of regional importance (“Qualifying Projects” or “Projects”). The Qualifying Projects are more s pecifically described in that certain WRCOG study titled “TUMF Nexus Study”, as may be amended from time to time. Qualifying Projects can have Regional or Zonal significance as further described in the TUMF Nexus Study.
C. The TUMF Program is funded by TUMF fees paid by new development in Western Riverside County (collectively, “TUMF Program Funds”). TUMF Program Funds are held in trust by WRCOG for the purpose of funding the Qualifying Projects.
D. The AGENCY proposes to implement a Qualifying P roject, and it is the purpose of this Agreement to identify the project and to set forth the terms and conditions by which WRCOG will release TUMF Program Funds.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual cov enants and subject to the conditions contained herein, the Parties hereby agree as follows:
1. Description of the Qualifying Project. This Ag reement is intended to distribute TUMF Program Funds to the AGENCY for MARKET STREET (RUBIDOUX TO SANTA ANA RIVER) , (the “Project”), a Qualifying Project. The Work, including a timetable and a detailed scope of work, is more fully described in Exhibit “ A” attached hereto and incorporated herein by reference and, pursuant to Section 20 below, is sub ject to modification if requested by the AGENCY and approved by WRCOG. The work shall be co nsistent with one or more of the defined WRCOG Call for Projects phases detailed herein as follows:
1) PA&ED – Project Approvals & Environmental Document
2) PS&E – Plans, Specifications and Estimates
3) R/W – Right of Way Acquisition and Utility Relocation 4) CON – Construction
18-NW-JVL-1197
2. WRCOG Funding Amount. WRCOG hereby agrees to d istribute to AGENCY, on the terms and conditions set forth herein, a sum no t to exceed SEVEN HUNDRED NINETY THREE THOUSAND DOLLARS ($793,000), to be used for reimbursing the AGENCY for eligible Project expenses as described in Section 3 herein (“Funding Amount”). The Parties acknowledge and agree that the Funding Amount may b e less than the actual cost of the Project.
Nevertheless, the Parties acknowledge and agree that WRCOG shall not be obligated to contribute TUMF Program Funds in excess of the maximum TUMF sh are identified in the TUMF Nexus Study (“Maximum TUMF Share”), as may be amended from time to time.
3. Project Costs Eligible for Advance/Reimbursemen t. The total Project costs (“Total Project Cost”) may include the following items, provided that such items are included in the scope of work attached hereto as Exhibit “A” (“Scope of Work”): (1) AGENCY and/or consultant costs associated with direct Project coordination and sup port; (2) funds expended in preparation of preliminary engineering studies; (3) funds expended for preparation of environmental review documentation for the Project; (4) all costs associ ated with right-of-way acquisition, including right-of-way engineering, appraisal, acquisition, l egal costs for condemnation procedures if authorized by the AGENCY, and costs of reviewing appraisals and offers for property acquisition; (5) costs reasonably incurred if condemnation proce eds; (6) costs incurred in the preparation of plans, specifications, and estimates by AGENCY or c onsultants; (7) AGENCY costs associated with bidding, advertising and awarding of the Proje ct contracts; (8) construction costs, including change orders to construction contract approved by the AGENCY; (9) construction management, field inspection and material testing costs; and (1 0) any AGENCY administrative cost to deliver the Project.
4. Ineligible Project Costs. The Total Project Co st shall not include the following items which shall be borne solely by the AGENCY wit hout reimbursement: (1) any AGENCY administrative fees attributed to the reviewing and processing of the Project; and (2) expenses for items of work not included within the Scope of Work in Exhibit “A”.
5. Procedures for Distribution of TUMF Program Fun ds to AGENCY.
(a) Initial Payment by the AGENCY. The AGENCY shal l be responsible for initial payment of all the Project costs as they ar e incurred. Following payment of such Project costs, the AGENCY shall submit invoices to WRCOG re questing reimbursement of eligible Project costs. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to the AGENCY, and documents evidencing the AGENCY’s payment of the invoices or demands for payment. Documents evi dencing the AGENCY’S payment of the invoices shall be retained for four (4) years and s hall be made available for review by WRCOG.
The AGENCY shall submit invoices not more often than monthly and not less often than quarterly.
(b) Review and Reimbursement by WRCOG. Upon receip t of an invoice from the AGENCY, WRCOG may request additional documentation or explanation of the Project costs for which reimbursement is sought. Undisputed amou nts shall be paid by WRCOG to the AGENCY within thirty (30) days. In the event that WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute. If th e meet and confer process is unsuccessful in 18-NW-JVL-1197
resolving the dispute, the AGENCY may appeal WRCOG’s decision as to the eligibility of one or more invoices to WRCOG’s Executive Director. The W RCOG Executive Director shall provide his/her decision in writing. If the AGENCY disagrees with the Executive Director’s decision, the AGENCY may appeal the decision of the Executive Dir ector to the full WRCOG Executive Committee, provided the AGENCY submits its request for appeal to WRCOG within ten (10) days of the Executive Director’s written decision. The d ecision of the WRCOG Executive Committee shall be final. Additional details concerning the procedure for the AGENCY’s submittal of invoices to WRCOG and WRCOG’s consideration and payment of submitted invoices are set forth in Exhibit “B”, attached hereto and incorporated herein by reference.
(c) Funding Amount/Adjustment. If a post Project a udit or review indicates that WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Maximum TUMF Share of the Project, or has provided reimbursement of ineligible Project costs, the AGENCY shall reimburse WRCOG for the excess or ineligible payments within 30 days of notification by WRCOG.
6. Increases in Project Funding. The Funding Amou nt may, in WRCOG’s sole discretion, be augmented with additional TUMF Progr am Funds if the TUMF Nexus Study is amended to increase the maximum eligible TUMF share for the Project. Any such increase in the Funding Amount must be approved in writing by WRCOG’s Executive Director. In no case shall the amount of TUMF Program Funds allocated to the AGENCY exceed the then-current maximum eligible TUMF share for the Project. No such increased funding shall be expended to pay for any Project already completed. For purposes of this Ag reement, the Project or any portion thereof shall be deemed complete upon its acceptance by WRC OG’s Executive Director which shall be communicated to the AGENCY in writing.
7. No Funding for Temporary Improvements. Only se gments or components of the construction that are intended to form part of or b e integrated into the Project may be funded by TUMF Program Funds. No improvement which is temporary in nature, including but not limited to temporary roads, curbs, tapers or drainage facil ities, shall be funded with TUMF Program Funds, except as needed for staged construction of the Project.
8. AGENCY’s Funding Obligation to Complete the Proj ect. In the event that the TUMF Program Funds allocated to the Project represent less than the total cost of the Project, the AGENCY shall provide such additional funds as may be required to complete the Project.
9. AGENCY’s Obligation to Repay TUMF Program Funds to WRCOG; Exception For PA&ED Phase Work. Except as otherwise expressl y excepted within this paragraph, in the event that: (i) the AGENCY, for any reason, determ ines not to proceed with or complete the Project; or (ii) the Project is not timely complete d, subject to any extension of time granted by WRCOG pursuant to the terms of this Agreement; the AGENCY agrees that any TUMF Program Funds that were distributed to the AGENCY for the Project shall be repaid in full to WRCOG, and the Parties shall enter into good faith negotiation s to establish a reasonable repayment schedule and repayment mechanism. If the Project involves work pursuant to a PA&ED phase, AGENCY shall not be obligated to repay TUMF Program Funds to WRCOG relating solely to PA&ED phase work performed for the Project.
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10. AGENCY’s Local Match Contribution. AGENCY loc al match funding is not required, as shown in Exhibit “A” and as called out in the AGENCY’s Project Nomination Form submitted to WRCOG in response to its Call for Projects.”
11. Term/Notice of Completion. The term of this Ag reement shall be from the date first herein above written until the earlier of the following: (i) the date WRCOG formally accepts the Project as complete, pursuant to Section 6; (ii ) termination of this Agreement pursuant to Section 15; or (iii) the AGENCY has fully satisfied its obligations under this Agreement. All applicable indemnification provisions of this Agree ment shall remain in effect following the termination of this Agreement.
12. Representatives of the Parties. WRCOG’s Execut ive Director, or his or her designee, shall serve as WRCOG’s representative and shall have the authority to act on behalf of WRCOG for all purposes under this Agreement. The A GENCY hereby designates Rod Butler, City Manager, or his or her designee, as the AGENCY ’s representative to WRCOG. The AGENCY’s representative shall have the authority to act on behalf of the AGENCY for all purposes under this Agreement and shall coordinate all activities of the Project under the AGENCY’s responsibility. The AGENCY shall work closely and cooperate fully with WRCOG’s representative and any other agencies which may have jurisdiction over or an interest in the Project.
13. Expenditure of Funds by AGENCY Prior to Executi on of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the Project prior to the execution of the Agreement , or from being reimbursed by WRCOG for such expenditures. However, the AGENCY understands and acknowledges that any expenditure of funds on the Project prior to the execution of t he Agreement is made at the AGENCY’s sole risk, and that some expenditures by the AGENCY may not be eligible for reimbursement under this Agreement.
14. Review of Services. The AGENCY shall allow WRC OG’s Representative to inspect or review the progress of the Project at any reasonable time in order to determine whether the terms of this Agreement are being met.
15. Termination.
(a) Notice. Either WRCOG or AGENCY may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach.
During the 30 day cure period, the Parties shall di scuss, in good faith, the manner in which the breach can be cured.
(b) Effect of Termination. In the event that the A GENCY terminates this Agreement, the AGENCY shall, within 180 days, repay to WRCOG any unexpended TUMF Program Funds provided to the AGENCY under this Agr eement and shall complete any portion or segment of work for the Project for which TUMF P rogram Funds have been provided. In the event that WRCOG terminates this Agreement, WRCOG s hall, within 90 days, distribute to the 18-NW-JVL-1197
AGENCY TUMF Program Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the AGENCY regarding the Project at the time of the notice of termination; provided, however, that WRCOG shall be entitled to exercise its rights under Section 5(b), including but not limited to conducting a rev iew of the invoices and requesting additional information. Upon such termination, the AGENCY sha ll, within 180 days, complete any portion or segment of work for the Project for which TUMF P rogram Funds have been provided. This Agreement shall terminate upon receipt by the non-t erminating Party of the amounts due to it hereunder and upon completion of the segment or por tion of Project work for which TUMF Program Funds have been provided.
(c) Cumulative Remedies. The rights and remedies o f the Parties provided in this Section are in addition to any other rights an d remedies provided by law or under this Agreement.
16. Prevailing Wages. The AGENCY and any other per son or entity hired to perform services on the Project are alerted to the requirem ents of California Labor Code Sections 1770 et seq., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The AGENCY shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Project. The AGENCY shall defend, indemnify, and hold harmless W RCOG, its officers, employees, consultants, and agents from any claim or liability , including without limitation attorneys, fees, arising from its failure or alleged failure to comp ly with California Labor Code Sections 1770 et seq.
17. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with progress reports concerning the status of the Project.
18. Indemnification.
(a) AGENCY Responsibilities. In addition to the in demnification required under Section 16, the AGENCY agrees to indemnify an d hold harmless WRCOG, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by t his Agreement including all design and construction activities, due to negligent acts, err ors or omissions or willful misconduct of the AGENCY or its subcontractors. The AGENCY will reim burse WRCOG for any expenditures, including reasonable attorneys’ fees, incurred by WRCOG, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of the AGENCY. (b) WRCOG Responsibilities. WRCOG agrees to inde mnify and hold harmless the AGENCY, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negl igent acts, errors or omissions or willful misconduct of WRCOG or its sub-consultants. WRCOG will reimburse the AGENCY for any expenditures, including reasonable attorneys’ fees, incurred by the AGENCY, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of WRCOG.
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(c) Effect of Acceptance. The AGENCY shall be resp onsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Project. WRCOG’s review, acceptance or funding of any services performed by the AGENCY or any other person or entity under this Agreement shall not be construed to operate as a waiver of any rights WRCOG may hold under this Agreement or o f any cause of action arising out of this Agreement. Further, the AGENCY shall be and remain liable to WRCOG, in accordance with applicable law, for all damages to WRCOG caused by the AGENCY’s negligent performance of this Agreement or supervision of any services provided to complete the Project.
19. Insurance. The AGENCY shall require, at a mini mum, all persons or entities hired to perform the Project to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the AGENCY and WRCOG. Such insurance shall be maintained throughout the term o f this Agreement, or until completion of the Project, whichever occurs last.
(a) Commercial General Liability Insurance. Occurr ence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall:
(i) Name WRCOG and AGENCY, and their respective of ficials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Project and shall contain no special limitat ions on the scope of coverage or the protection afforded to these insured;
(ii) Be primary with respect to any insurance or s elf-insurance programs covering WRCOG and AGENCY, and/or their respective officials, officers, employees, agents, and consultants; and
(iii) Contain standard separation of insured provis ions.
(b) Business Automobile Liability Insurance. Busin ess automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.
(c) Professional Liability Insurance. Errors and o missions liability insurance with a limit of not less than $1,000,000.00 Profess ional liability insurance shall only be required of design or engineering professionals.
(d) Workers’ Compensation Insurance. Workers’ compe nsation insurance with statutory limits and employers’ liability insurance with limits of not less than $1,000,000.00 each accident.
20. Project Amendments. Changes to the characteris tics of the Project, including the deadline for Project completion, and any responsibi lities of the AGENCY or WRCOG may be requested in writing by the AGENCY and are subject to the approval of WRCOG’s Representative, 18-NW-JVL-1197
which approval will not be unreasonably withheld, provided that extensions of time for completion of the Project shall be approved in the sole discre tion of WRCOG’s Representative. Nothing in this Agreement shall be construed to require or all ow completion of the Project without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; “CEQA”) and the National Environmental Policy Act o f 1969 (42 USC 4231 et seq. ), if applicable, but the necessity of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in completion of the Project.
21. Conflict of Interest. For the term of this Agr eement, no member, officer or employee of the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
22. Limited Scope of Duties. WRCOG’s and the AGENC Y’s duties and obligations under this Agreement are limited to those described herein. WRCOG has no obligation with respect to the safety of any Project performed at a job site. In addition, WRCOG shall not be liable for any action of AGENCY or its contractors relating to the condemnation of property undertaken by AGENCY or construction related to the Project.
23. Books and Records. Each party shall maintain c omplete, accurate, and clearly identifiable records with respect to costs incurred for the Project under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vou chers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement. Further, each party sh all furnish to the other party, its agents or employees such other evidence or information as the y may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least four (4) years following termination o f this Agreement, and they shall have access to such information during the four-year period for the purposes of examination or audit.
24. Equal Opportunity Employment. The Parties repr esent that they are equal opportunity employers and they shall not discrimina te against any employee or applicant of reemployment because of race, religion, color, nati onal origin, ancestry, sex or age. Such non- discrimination shall include, but not be limited to , all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
25. Governing Law. This Agreement shall be governe d by and construed with the laws of the State of California.
26. Attorneys’ Fees. If either party commences an action against the other party 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 attorneys’ fees and costs of suit.
27. Time of Essence. Time is of the essence for ea ch and every provision of this Agreement.
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28. Headings. Article and Section Headings, paragr aph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein.
29. Public Acknowledgement. The AGENCY agrees th at all public notices, news releases, information signs and other forms of comm unication shall indicate that the Project is being cooperatively funded by the AGENCY and WRCOG TUMF Program Funds.
30. No Joint Venture. This Agreement is for fundi ng purposes only and nothing herein shall be construed to make WRCOG a party to the con struction of the Project or to make it a partner or joint venture with the AGENCY for such purpose.
31. Compliance With the Law. The AGENCY shall co mply with all applicable laws, rules and regulations governing the implementation of the Qualifying Project, including, where applicable, the rules and regulations pertaining to the participation of businesses owned or controlled by minorities and women promulgated by the Federal Highway Administration and the Federal Department of Transportation.
32. Notices. All notices hereunder and communica tions regarding interpretation of the terms of this Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
If to AGENCY: City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, California 92509
Attention: Paul Toor, Director of Public Works/ City Engineer Telephone: 951-332-6464
Facsimile: 951-332-6995
If to WRCOG: Western Riverside Council of Governm ents 3390 University Avenue; Suite 200
Riverside, California 92501
Attention: Christopher Gray, Deputy Executive D irector Telephone: (951) 405-6710
Facsimile: (951) 223-9720
Any notice so given shall be considered served on t he other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice sha ll be deemed adequate notice on the date actual notice occurred regardless of the method of service.
33. Integration; Amendment. This Agreement conta ins the entire agreement between the PARTIES. Any agreement or representation respe cting matters addressed herein that are not expressly set forth in this Agreement is null and v oid. This Agreement may be amended only by mutual written agreement of the PARTIES.
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34. Severability. If any term, provision, condit ion or covenant of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby.
35. Conflicting Provisions. In the event that prov isions of any attached appendices or exhibits conflict in any way with the provisions se t forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties’ understanding concerning the Agreement.
36. Independent Contractors. Any person or entitie s retained by the AGENCY or any contractor shall be retained on an independent cont ractor basis and shall not be employees of WRCOG. Any personnel performing services on the Pr oject shall at all times be under the exclusive direction and control of the AGENCY or co ntractor, whichever is applicable. The AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on th e Project and as required by law. The AGENCY or consultant shall be responsible for all r eports and obligations respecting such personnel, including, but not limited to: social se curity taxes, income tax withholding, unemployment insurance and workers’ compensation insurance.
37. Effective Date. This Agreement shall not be effecti ve until executed by both Parties. The failure of one party to execute this Agreement within forty-five (45) days of the other party executing this Agreement shall render any execution of this Agreement ineffective.
38. No Third Party Beneficiaries. There are no intende d third party beneficiaries of any right or obligation assumed by the Parties.
[SIGNATURES ON FOLLOWING PAGE]
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I
N WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives to be effective on the day and year first above-written.
WESTERN RIVERSIDE COUNCIL CITY OF JURUPA VALLEY
OF GOVERNMENTS
By: Date: By: Date:
Dr. Kurt Wilson Rod Butler
Executive Director City Manager
Approved to Form:
By: Date:
Steven C. DeBaun
General Counsel
11/23/2021
12/1/21
18-NW-JVL-1197
Exhibit A
EXHIBIT “A”
SCOPE OF WORK
SCOPE OF WORK:
The project phases to be funded under this agreement will be PS&ED and PS&E only .
Funding for other phases of work will be completed at a future date by and addendum or a separate agreement.
The City of Jurupa Valley is proposing to widen Market Street between Rubidoux Boulevard and the Santa Ana River. The project will widen the existing two-lane roadway to four travel lanes, two in each direction, and a painted center median. Additional improvements will include curb and gutter, sidewalk, curb ramps, striping, and traffic signal modifications. Traffic signal modifications are needed to accommodate the widening of Market/Rubidoux, Market/Agua Mansa.
The PA&ED and PS&E phases will include, but are not limited to, topographic survey and mapping of the existing corridor, records research and utility coordination, geotechnical investigations, preparation of conceptual plans, CEQA, permitting, and preparation of the final PS&E package.
This project will coordinate improvements with the Market Street Bridge project which is currently being designed under a separate reimbursement agreement. 18-NW-JVL-1197
Exhibit A – 1
EXHIBIT “A-1”
ESTIMATE OF COST
Phase TUMF LOCAL TOTAL
PA&ED $227,000 $0 $227,000
PS&E $566,000 $0 $566,000
RIGHT OF WAY TBD TBD TBD
CONSTRUCTION TBD TBD TBD
TOTAL $793,000 $0 $793,000
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Exhibit A – 2
EXHIBIT “A-2”
PROJECT SCHEDULE
TIMETABLE:
Phase
Estimated
Completion Date Estimated Cost Comments
PA&ED 4/30/22 $227,000
PS&E 6/30/22 $566,000
RIGHT OF WAY TBD TBD
CONSTRUCTION TBD TBD
TOTAL $793,000
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Exhibit B
Elements of Compensation
EXHIBIT “B”
PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES
1. For professional services, WRCOG recommends tha t the AGENCY incorporate this Exhibit “B-1” into its contracts with any subcontractors to establish a standard method for preparation of invoices by contractors to the AGENC Y and ultimately to WRCOG for reimbursement of AGENCY contractor costs.
2. Each month the AGENCY shall submit an invoice for eligible Project costs incurred during the preceding month. The original invoice shall be submitted to WRCOG’s Executive Director with a copy to WRCOG’s Project Coordinator . Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit “B-2”.
3. For jurisdictions with large construction projec ts (with the total construction cost exceeding $10 million) under construction at the same time, m ay with the approval of WRCOG submit invoices to WRCOG for payment at the same ti me they are received by the jurisdiction. WRCOG must receive the invoice by th e 5 th day of the month in order to
process the invoice within 30 days. WRCOG will retain 10% of the invoice until all costs have been verified as eligible and will release the balance at regular intervals not more than quarterly and not less than semi-annually. If there is a discrepancy or ineligible costs that exceed 10% of the previous invoice WRCOG will deduc t that amount from the next payment.
4. Each invoice shall include documentation from each contractor used by the AGENCY for the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsh eets showing the hours or amounts expended by each contractor or subcontractor for t he month and for the entire Project to date. Samples of acceptable task level documentation and progress reports are attached as Exhibits “B-4” and “B-5”. All documentation from t he Agency’s contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit “B-3”.
5. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY staff for eligible Project costs, the AGENCY shall provide the same level of information for its labor and any expenses as required of its contract ors pursuant to Exhibit “B” and its attachments.
6. Charges for each task and milestone listed in E xhibit “A” shall be listed separately in the invoice.
7. Each invoice shall include a certification sign ed by the AGENCY Representative or his or her designee which reads as follows:
18-NW-JVL-1197
Exhibit B
“I hereby certify that the hours and salary rates submitted for reimbursement in this invoice are the actual hours and rates worked and paid to the contractors or subcontractors listed.
Signed ________________________________
Title __________________________________
Date __________________________________
Invoice No. ____________________________
8. WRCOG will pay the AGENCY within 30 days after receipt by WRCOG of an invoice. If WRCOG disputes any portion of an invoice, payment f or that portion will be withheld, without interest, pending resolution of the dispute, but the uncontested balance will be paid.
9. The final payment under this Agreement will be made only after: (I) the AGENCY has obtained a Release and Certificate of Final Payment from each contractor or subcontractor used on the Project; (ii) the AGENCY has executed a Release and Certificate of Final Payment; and (iii) the AGENCY has provided copies of each such Release to WRCOG.
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Exhibit B-1
EXHIBIT “B-1”
[Sample for Professional Services]
For the satisfactory performance and completion of the Services under this Agreement, Agency will pay the Contractor compensation as set forth herein. The total compensation for this service shall not exceed (_____INSERT WRITTEN DOLLA R AMOUNT___) ($___INSERT NUMERICAL DOLLAR AMOUNT___) without written approval of Agency’s City Manager [or applicable position] (“Total Compensation”).
1. ELEMENTS OF COMPENSATION.
Compensation for the Services will be comprised of the following elements: 1.1 Direct Labor Costs; 1.2 Fixed Fee; and 1.3 Additional Direct Costs.
1.1 D
IRECT LABOR COSTS .
Direct Labor costs shall be paid in an amount equal to the product of the Direct Salary Costs and the Multiplier which are defined as follows:
1.1.1 DIRECT SALARY COSTS
Direct Salary Costs are the base salaries and wag es actually paid to the Contractor's personnel directly engaged in performa nce of the Services under the Agreement. (The range of hourly rates pa id to the Contractor's personnel appears in Section 2 below.)
1.1.2 MULTIPLIER
The Multiplier to be applied to the Direct Salary Costs to determine the Direct Labor Costs is _________________, and is the sum of the following components:
1.1.2.1 Direct Salary Costs ____________________
1.1.2.2 Payroll Additives ____________________
The Decimal Ratio of Payroll Additives to Direct Sa lary Costs . Payroll Additives include all employee benefits, allowances for vacation, sick leave, and holidays, and company portion of employee insurance and social and retirement benefits, all federal and state payr oll taxes, premiums for insurance which are measured by payroll costs, and other contributions and benefits imposed by applicable laws and regulations.
1.1.2.3 Overhead Costs ____________________
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Exhibit B-1
The Decimal Ratio of Allowable Overhead Costs to th e Contractor Firm's Total Direct Salary Costs. Allowable Overhead Costs include general, administrative and overhead costs of maintaining and operating established offices, and consistent with established firm polic ies, and as defined in the Federal Acquisitions Regulations, Part 31.2.
Total Multiplier ____________________
(sum of 1.1.2.1, 1.1.2.2, and 1.1.2.3)
1.2 F
IXED FEE .
1.2.1 The fixed fee is $______________________.
1.2.2 A pro-rata share of the Fixed Fee shall be ap plied to the total Direct Labor Costs expended for services each month, and shall be included on each monthly invoice.
1.3 A
DDITIONAL DIRECT COSTS .
Additional Direct Costs directly identifiable to th e performance of the services of this Agreement shall be reimbursed at the rates below, or at actual invoiced cost.
Rates for identified Additional Direct Costs are a s follows:
ITEM REIMBURSEMENT RATE
[___insert charges___]
Per Diem $ /day
Car mileage $ /mile
Travel $ /trip
Computer Charges $ /hour
Photocopies $ /copy
Blueline $ /sheet
LD Telephone $ /call
Fax $ /sheet
Photographs $ /sheet
Travel by air and travel in excess of 100 miles fro m the Contractor's office nearest to Agency’s office must have Agency's prior written ap proval to be reimbursed under this Agreement.
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Exhibit B-1
2. DIRECT SALARY RATES
Direct Salary Rates, which are the range of hourly rates to be used in determining Direct Salary Costs in Section 1.1.1 above, are given below and are subject to the following:
2.1 Direct Salary Rates shall be applicable to both str aight time and overtime work, unless payment of a premium for overtime work is re quired by law, regulation or craft agreement, or is otherwise specified in this Agreement. In such event, the premium portion of Direct Salary Costs will not be subject to the Multiplier defined in Paragraph 1.1.2 above.
2.2 Direct Salary Rates shown herein are in effect for one year following the effective date of the Agreement. Thereafter, they may be adj usted annually to reflect the Contractor's adjustments to individual compensation . The Contractor shall notify Agency in writing prior to a change in the range of rates included herein, and prior to each subsequent change.
POSITION OR CLASSIFICATION RANGE OF HOURLY RA TES
[___sample___]
Principal $ .00 - $ .00/hour
Project Manager $ .00 - $ .00/hour
Sr. Engineer/Planner $ .00 - $ .00/hour
Project Engineer/Planner $ .00 - $ .00/hour
Assoc. Engineer/Planner $ .00 - $ .00/hour
Technician $ .00 - $ .00/hour
Drafter/CADD Operator $ .00 - $ .00/hour
Word Processor $ .00 - $ .00/hour
2.3 The above rates are for the Contractor only. All rates for subcontractors to the Contractor will be in accordance with the Contractor's cost proposal.
3. INVOICING.
3.1 Each month the Contractor shall submit an invoice f or Services performed during the preceding month. The original invoice shall be submitted to Agency's Executive Director with two (2) copies to Agency's Project Coordinator.
3.2 Charges shall be billed in accordance with the term s and rates included herein, unless otherwise agreed in writing by Agency's Representative.
3.3 Base Work and Extra Work shall be charged separatel y, and the charges for each task and Milestone listed in the Scope of Services, shall be listed separately. The charges for each individual assigned by the Contrac tor under this Agreement shall be listed separately on an attachment to the invoice.
18-NW-JVL-1197
Exhibit B-1
3.4 A charge of $500 or more for any one item of Additi onal Direct Costs shall be accompanied by substantiating documentation satisfa ctory to Agency such as invoices, telephone logs, etc.
3.5 Each copy of each invoice shall be accompanied by a Monthly Progress Report and spreadsheets showing hours expended by task for eac h month and total project to date.
3.6 If applicable, each invoice shall indicate paym ents to DBE subcontractors or supplies by dollar amount and as a percentage of the total invoice.
3.7 Each invoice shall include a certification sign ed by the Contractor's Representative or an officer of the firm which reads as follows:
I hereby certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to t he employees listed.
Signed _____________________________
Title _____________________________
Date _____________________________
Invoice No. _____________________________
4. PAYMENT
4.1 Agency shall pay the Contractor within four to six weeks after receipt by Agency of an original invoice. Should Agency contest any portion of an invoice, that portion shall be held for resolution, without inter est, but the uncontested balance shall be paid.
4.2 The final payment for Services under this Agree ment will be made only after the Contractor has executed a Release and Certificate of Final Payment.
18-NW-JVL-1197
Exhibit B-2
EXHIBIT B-2
Sample Cover Letter to WRCOG
Date
Western Riverside Council of Governments
3390 University Avenue; Suite 200
Riverside, California 92501
Attention: Deputy Executive Director
ATTN: Accounts Payable
Re: Project Title - Invoice #__
Enclosed for your review and payment approval is the AGENCY’s invoice for professional and technical services that was rendered by our contractors in connection with the 2002 Measure “A” Local Streets and Roads Funding per Agreement No. ________ effective (Month/Day/Year) .
The required support documentation received from each contractor is included as backup to the invoice.
Invoice period covered is from Month/Date/Year to Month/Date/Year .
Total Authorized Agreement Amount: $0,000,000.0 0
Total Invoiced to Date: $0,000,000.00
Total Previously Invoiced: $0,000,000.00
Balance Remaining: $0,000,000.00
Amount due this Invoice: $0,000,000.00
===========
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors listed.
By: _____________________________
Name
Title
cc:
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Exhibit B-3
EXHIBIT B-3
Sample Letter from Contractor to AGENCY
Month/Date/Year
Western Riverside Council of Governments
3390 University Avenue; Suite 200
Riverside, California 92501
Attention: Deputy Executive Director
Attn: Accounts Payable Invoice #____________
For [type of services] rendered by [contractor name] in connection with [name of project] This is per agreement No. XX-XX-XXX effective Month/Date/Year .
Invoice period covered is from Month/Date/Year to Month/Date/Year .
Total Base Contract Amount: $000,000.00
Authorized Extra Work (if Applicable) $000,000.00
------------------
TOTAL AUTHORIZED CONTRACT AMOUNT: $000,000.00
Total Invoice to Date: $000,000.00
Total Previously Billed: $000,000.00
Balance Remaining: $000,000.00
Amount Due this Invoice: $000,000.00
==========
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed,
By: ____________________
Name
Title
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Exhibit B-4
EXHIBIT B-4
SAMPLE TASK SUMMARY SCHEDULE
(OPTIONAL)
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Exhibit B-5
EXHIBIT B-5
Sample Progress Report
REPORTING PERIOD: Month/Date/Year to Month/Date/Yea r
PROGRESS REPORT: #1
A. Activities and Work Completed during Current Work Periods
TASK 01 – 100% PS&E SUBMITTAL
1. Responded to Segment 1 comments from Department of Transportation
2. Completed and submitted Segment 1 final PS&E
B. Current/Potential Problems Encountered & Corrective Action
Problems Corrective Action
None None
C. Work Planned Next Period
TASK 01 – 100% PS&E SUBMITTAL
1. Completing and to submit Traffic Signal and El ectrical Design plans
2. Responding to review comments
Attachment C
TUMF Reimbursement Agreement for Cantu Galleano Ranch Road
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TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM
AGREEMENT TO REIMBURSE TUMF FUNDS
CANTU GALLEANO RANCH ROAD, GAP CLOSURE (BELLEGRAVE TO .31 MILES WEST)
PA&ED AND PS&E
THIS REIMBURSEMENT AGREEMENT (“Agreement”) is ente red into as of this day of __ __, 2021, by and between the Western Riverside Council of Governments (“WRCOG”), a California joint powers authority and the City of Jurupa Valley, a California municipal corporation (“AGENCY”). WRCOG and AGENCY are sometimes hereinafter referred to individually as “Party” and collectively as “Parties”.
RECITALS
A. WRCOG is the Administrator of the Transportatio n Uniform Mitigation Fee Program of Western Riverside County (“TUMF Program”).
B. WRCOG has identified and designated certain tra nsportation improvement projects throughout Western Riverside County as projects of regional importance (“Qualifying Projects” or “Projects”). The Qualifying Projects are more s pecifically described in that certain WRCOG study titled “TUMF Nexus Study”, as may be amended from time to time. Qualifying Projects can have Regional or Zonal significance as further described in the TUMF Nexus Study.
C. The TUMF Program is funded by TUMF fees paid by new development in Western Riverside County (collectively, “TUMF Program Funds”). TUMF Program Funds are held in trust by WRCOG for the purpose of funding the Qualifying Projects.
D. The AGENCY proposes to implement a Qualifying P roject, and it is the purpose of this Agreement to identify the project and to set forth the terms and conditions by which WRCOG will release TUMF Program Funds.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual cov enants and subject to the conditions contained herein, the Parties hereby agree as follows:
1. Description of the Qualifying Project. This Ag reement is intended to distribute TUMF Program Funds to the AGENCY for CANTU GALLEANO RANCH ROAD, GAP CLOSURE (BELLEGRAVE TO .31 MILES WEST) , (the “Project”), a Qualifying Project.
The Work, including a timetable and a detailed scop e of work, is more fully described in Exhibit “A” attached hereto and incorporated herein by refe rence and, pursuant to Section 20 below, is subject to modification if requested by the AGENCY and approved by WRCOG. The work shall be consistent with one or more of the defined WRCOG Call for Projects phases detailed herein as follows:
1) PA&ED – Project Approvals & Environmental Document
2) PS&E – Plans, Specifications and Estimates
3) R/W – Right of Way Acquisition and Utility Relocation 18-NW-JVL-1196
4) CON – Construction
2. WRCOG Funding Amount. WRCOG hereby agrees to d istribute to AGENCY, on the terms and conditions set forth herein, a sum no t to exceed SEVENTY SIX THOUSAND DOLLARS ($76,000), to be used for reimbursing the AGENCY for eligible Project expenses as described in Section 3 herein (“Funding Amount”). T he Parties acknowledge and agree that the Funding Amount may be less than the actual cost of the Project. Nevertheless, the Parties acknowledge and agree that WRCOG shall not be oblig ated to contribute TUMF Program Funds in excess of the maximum TUMF share identified in the TUMF Nexus Study (“Maximum TUMF Share”), as may be amended from time to time.
3. Project Costs Eligible for Advance/Reimbursemen t. The total Project costs (“Total Project Cost”) may include the following items, provided that such items are included in the scope of work attached hereto as Exhibit “A” (“Scope of Work”): (1) AGENCY and/or consultant costs associated with direct Project coordination and sup port; (2) funds expended in preparation of preliminary engineering studies; (3) funds expended for preparation of environmental review documentation for the Project; (4) all costs associ ated with right-of-way acquisition, including right-of-way engineering, appraisal, acquisition, l egal costs for condemnation procedures if authorized by the AGENCY, and costs of reviewing appraisals and offers for property acquisition; (5) costs reasonably incurred if condemnation proce eds; (6) costs incurred in the preparation of plans, specifications, and estimates by AGENCY or c onsultants; (7) AGENCY costs associated with bidding, advertising and awarding of the Proje ct contracts; (8) construction costs, including change orders to construction contract approved by the AGENCY; (9) construction management, field inspection and material testing costs; and (1 0) any AGENCY administrative cost to deliver the Project.
4. Ineligible Project Costs. The Total Project Co st shall not include the following items which shall be borne solely by the AGENCY wit hout reimbursement: (1) any AGENCY administrative fees attributed to the reviewing and processing of the Project; and (2) expenses for items of work not included within the Scope of Work in Exhibit “A”.
5. Procedures for Distribution of TUMF Program Fun ds to AGENCY.
(a) Initial Payment by the AGENCY. The AGENCY shal l be responsible for initial payment of all the Project costs as they ar e incurred. Following payment of such Project costs, the AGENCY shall submit invoices to WRCOG re questing reimbursement of eligible Project costs. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to the AGENCY, and documents evidencing the AGENCY’s payment of the invoices or demands for payment. Documents evi dencing the AGENCY’S payment of the invoices shall be retained for four (4) years and s hall be made available for review by WRCOG.
The AGENCY shall submit invoices not more often than monthly and not less often than quarterly.
(b) Review and Reimbursement by WRCOG. Upon receip t of an invoice from the AGENCY, WRCOG may request additional documentation or explanation of the Project costs for which reimbursement is sought. Undisputed amou nts shall be paid by WRCOG to the AGENCY within thirty (30) days. In the event that WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and 18-NW-JVL-1196
confer in an attempt to resolve the dispute. If th e meet and confer process is unsuccessful in resolving the dispute, the AGENCY may appeal WRCOG’s decision as to the eligibility of one or more invoices to WRCOG’s Executive Director. The W RCOG Executive Director shall provide his/her decision in writing. If the AGENCY disagrees with the Executive Director’s decision, the AGENCY may appeal the decision of the Executive Dir ector to the full WRCOG Executive Committee, provided the AGENCY submits its request for appeal to WRCOG within ten (10) days of the Executive Director’s written decision. The d ecision of the WRCOG Executive Committee shall be final. Additional details concerning the procedure for the AGENCY’s submittal of invoices to WRCOG and WRCOG’s consideration and payment of submitted invoices are set forth in Exhibit “B”, attached hereto and incorporated herein by reference.
(c) Funding Amount/Adjustment. If a post Project a udit or review indicates that WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Maximum TUMF Share of the Project, or has provided reimbursement of ineligible Project costs, the AGENCY shall reimburse WRCOG for the excess or ineligible payments within 30 days of notification by WRCOG.
6. Increases in Project Funding. The Funding Amou nt may, in WRCOG’s sole discretion, be augmented with additional TUMF Progr am Funds if the TUMF Nexus Study is amended to increase the maximum eligible TUMF share for the Project. Any such increase in the Funding Amount must be approved in writing by WRCOG’s Executive Director. In no case shall the amount of TUMF Program Funds allocated to the AGENCY exceed the then-current maximum eligible TUMF share for the Project. No such increased funding shall be expended to pay for any Project already completed. For purposes of this Ag reement, the Project or any portion thereof shall be deemed complete upon its acceptance by WRC OG’s Executive Director which shall be communicated to the AGENCY in writing.
7. No Funding for Temporary Improvements. Only se gments or components of the construction that are intended to form part of or b e integrated into the Project may be funded by TUMF Program Funds. No improvement which is temporary in nature, including but not limited to temporary roads, curbs, tapers or drainage facil ities, shall be funded with TUMF Program Funds, except as needed for staged construction of the Project.
8. AGENCY’s Funding Obligation to Complete the Proj ect. In the event that the TUMF Program Funds allocated to the Project represent less than the total cost of the Project, the AGENCY shall provide such additional funds as may be required to complete the Project.
9. AGENCY’s Obligation to Repay TUMF Program Funds to WRCOG; Exception For PA&ED Phase Work. Except as otherwise expressl y excepted within this paragraph, in the event that: (i) the AGENCY, for any reason, determ ines not to proceed with or complete the Project; or (ii) the Project is not timely complete d, subject to any extension of time granted by WRCOG pursuant to the terms of this Agreement; the AGENCY agrees that any TUMF Program Funds that were distributed to the AGENCY for the Project shall be repaid in full to WRCOG, and the Parties shall enter into good faith negotiation s to establish a reasonable repayment schedule and repayment mechanism. If the Project involves work pursuant to a PA&ED phase, AGENCY shall not be obligated to repay TUMF Program Funds to WRCOG relating solely to PA&ED phase work performed for the Project.
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10. AGENCY’s Local Match Contribution. AGENCY loc al match funding is not required, as shown in Exhibit “A” and as called out in the AGENCY’s Project Nomination Form submitted to WRCOG in response to its Call for Projects.”
11. Term/Notice of Completion. The term of this Ag reement shall be from the date first herein above written until the earlier of the following: (i) the date WRCOG formally accepts the Project as complete, pursuant to Section 6; (ii ) termination of this Agreement pursuant to Section 15; or (iii) the AGENCY has fully satisfied its obligations under this Agreement. All applicable indemnification provisions of this Agree ment shall remain in effect following the termination of this Agreement.
12. Representatives of the Parties. WRCOG’s Execut ive Director, or his or her designee, shall serve as WRCOG’s representative and shall have the authority to act on behalf of WRCOG for all purposes under this Agreement. The A GENCY hereby designates Rod Butler, City Manager, or his or her designee, as the AGENCY ’s representative to WRCOG. The AGENCY’s representative shall have the authority to act on behalf of the AGENCY for all purposes under this Agreement and shall coordinate all activities of the Project under the AGENCY’s responsibility. The AGENCY shall work closely and cooperate fully with WRCOG’s representative and any other agencies which may have jurisdiction over or an interest in the Project.
13. Expenditure of Funds by AGENCY Prior to Executi on of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the Project prior to the execution of the Agreement , or from being reimbursed by WRCOG for such expenditures. However, the AGENCY understands and acknowledges that any expenditure of funds on the Project prior to the execution of t he Agreement is made at the AGENCY’s sole risk, and that some expenditures by the AGENCY may not be eligible for reimbursement under this Agreement.
14. Review of Services. The AGENCY shall allow WRC OG’s Representative to inspect or review the progress of the Project at any reasonable time in order to determine whether the terms of this Agreement are being met.
15. Termination.
(a) Notice. Either WRCOG or AGENCY may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach.
During the 30 day cure period, the Parties shall di scuss, in good faith, the manner in which the breach can be cured.
(b) Effect of Termination. In the event that the A GENCY terminates this Agreement, the AGENCY shall, within 180 days, repay to WRCOG any unexpended TUMF Program Funds provided to the AGENCY under this Agr eement and shall complete any portion or segment of work for the Project for which TUMF P rogram Funds have been provided. In the event that WRCOG terminates this Agreement, WRCOG s hall, within 90 days, distribute to the 18-NW-JVL-1196
AGENCY TUMF Program Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the AGENCY regarding the Project at the time of the notice of termination; provided, however, that WRCOG shall be entitled to exercise its rights under Section 5(b), including but not limited to conducting a rev iew of the invoices and requesting additional information. Upon such termination, the AGENCY sha ll, within 180 days, complete any portion or segment of work for the Project for which TUMF P rogram Funds have been provided. This Agreement shall terminate upon receipt by the non-t erminating Party of the amounts due to it hereunder and upon completion of the segment or por tion of Project work for which TUMF Program Funds have been provided.
(c) Cumulative Remedies. The rights and remedies o f the Parties provided in this Section are in addition to any other rights an d remedies provided by law or under this Agreement.
16. Prevailing Wages. The AGENCY and any other per son or entity hired to perform services on the Project are alerted to the requirem ents of California Labor Code Sections 1770 et seq., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The AGENCY shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Project. The AGENCY shall defend, indemnify, and hold harmless W RCOG, its officers, employees, consultants, and agents from any claim or liability , including without limitation attorneys, fees, arising from its failure or alleged failure to comp ly with California Labor Code Sections 1770 et seq.
17. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with progress reports concerning the status of the Project.
18. Indemnification.
(a) AGENCY Responsibilities. In addition to the in demnification required under Section 16, the AGENCY agrees to indemnify an d hold harmless WRCOG, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by t his Agreement including all design and construction activities, due to negligent acts, err ors or omissions or willful misconduct of the AGENCY or its subcontractors. The AGENCY will reim burse WRCOG for any expenditures, including reasonable attorneys’ fees, incurred by WRCOG, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of the AGENCY. (b) WRCOG Responsibilities. WRCOG agrees to inde mnify and hold harmless the AGENCY, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negl igent acts, errors or omissions or willful misconduct of WRCOG or its sub-consultants. WRCOG will reimburse the AGENCY for any expenditures, including reasonable attorneys’ fees, incurred by the AGENCY, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of WRCOG.
18-NW-JVL-1196
(c) Effect of Acceptance. The AGENCY shall be resp onsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Project. WRCOG’s review, acceptance or funding of any services performed by the AGENCY or any other person or entity under this Agreement shall not be construed to operate as a waiver of any rights WRCOG may hold under this Agreement or o f any cause of action arising out of this Agreement. Further, the AGENCY shall be and remain liable to WRCOG, in accordance with applicable law, for all damages to WRCOG caused by the AGENCY’s negligent performance of this Agreement or supervision of any services provided to complete the Project.
19. Insurance. The AGENCY shall require, at a mini mum, all persons or entities hired to perform the Project to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the AGENCY and WRCOG. Such insurance shall be maintained throughout the term o f this Agreement, or until completion of the Project, whichever occurs last.
(a) Commercial General Liability Insurance. Occurr ence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall:
(i) Name WRCOG and AGENCY, and their respective of ficials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Project and shall contain no special limitat ions on the scope of coverage or the protection afforded to these insured;
(ii) Be primary with respect to any insurance or s elf-insurance programs covering WRCOG and AGENCY, and/or their respective officials, officers, employees, agents, and consultants; and
(iii) Contain standard separation of insured provis ions.
(b) Business Automobile Liability Insurance. Busin ess automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.
(c) Professional Liability Insurance. Errors and o missions liability insurance with a limit of not less than $1,000,000.00 Profess ional liability insurance shall only be required of design or engineering professionals.
(d) Workers’ Compensation Insurance. Workers’ compe nsation insurance with statutory limits and employers’ liability insurance with limits of not less than $1,000,000.00 each accident.
20. Project Amendments. Changes to the characteris tics of the Project, including the deadline for Project completion, and any responsibi lities of the AGENCY or WRCOG may be requested in writing by the AGENCY and are subject to the approval of WRCOG’s Representative, 18-NW-JVL-1196
which approval will not be unreasonably withheld, provided that extensions of time for completion of the Project shall be approved in the sole discre tion of WRCOG’s Representative. Nothing in this Agreement shall be construed to require or all ow completion of the Project without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; “CEQA”) and the National Environmental Policy Act o f 1969 (42 USC 4231 et seq. ), if applicable, but the necessity of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in completion of the Project.
21. Conflict of Interest. For the term of this Agr eement, no member, officer or employee of the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
22. Limited Scope of Duties. WRCOG’s and the AGENC Y’s duties and obligations under this Agreement are limited to those described herein. WRCOG has no obligation with respect to the safety of any Project performed at a job site. In addition, WRCOG shall not be liable for any action of AGENCY or its contractors relating to the condemnation of property undertaken by AGENCY or construction related to the Project.
23. Books and Records. Each party shall maintain c omplete, accurate, and clearly identifiable records with respect to costs incurred for the Project under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vou chers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement. Further, each party sh all furnish to the other party, its agents or employees such other evidence or information as the y may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least four (4) years following termination o f this Agreement, and they shall have access to such information during the four-year period for the purposes of examination or audit.
24. Equal Opportunity Employment. The Parties repr esent that they are equal opportunity employers and they shall not discrimina te against any employee or applicant of reemployment because of race, religion, color, nati onal origin, ancestry, sex or age. Such non- discrimination shall include, but not be limited to , all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
25. Governing Law. This Agreement shall be governe d by and construed with the laws of the State of California.
26. Attorneys’ Fees. If either party commences an action against the other party 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 attorneys’ fees and costs of suit.
27. Time of Essence. Time is of the essence for ea ch and every provision of this Agreement.
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28. Headings. Article and Section Headings, paragr aph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein.
29. Public Acknowledgement. The AGENCY agrees th at all public notices, news releases, information signs and other forms of comm unication shall indicate that the Project is being cooperatively funded by the AGENCY and WRCOG TUMF Program Funds.
30. No Joint Venture. This Agreement is for fundi ng purposes only and nothing herein shall be construed to make WRCOG a party to the con struction of the Project or to make it a partner or joint venture with the AGENCY for such purpose.
31. Compliance With the Law. The AGENCY shall co mply with all applicable laws, rules and regulations governing the implementation of the Qualifying Project, including, where applicable, the rules and regulations pertaining to the participation of businesses owned or controlled by minorities and women promulgated by the Federal Highway Administration and the Federal Department of Transportation.
32. Notices. All notices hereunder and communica tions regarding interpretation of the terms of this Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
If to AGENCY: City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, California 92509
Attention: Paul Toor, Director of Public Works/ City Engineer Telephone: 951-332-6464
Facsimile: 951-332-6995
If to WRCOG: Western Riverside Council of Governm ents 3390 University Avenue; Suite 200
Riverside, California 92501
Attention: Christopher Gray, Deputy Executive D irector Telephone: (951) 405-6710
Facsimile: (951) 223-9720
Any notice so given shall be considered served on t he other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice sha ll be deemed adequate notice on the date actual notice occurred regardless of the method of service.
33. Integration; Amendment. This Agreement conta ins the entire agreement between the PARTIES. Any agreement or representation respe cting matters addressed herein that are not expressly set forth in this Agreement is null and v oid. This Agreement may be amended only by mutual written agreement of the PARTIES.
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34. Severability. If any term, provision, condit ion or covenant of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby.
35. Conflicting Provisions. In the event that prov isions of any attached appendices or exhibits conflict in any way with the provisions se t forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties’ understanding concerning the Agreement.
36. Independent Contractors. Any person or entitie s retained by the AGENCY or any contractor shall be retained on an independent cont ractor basis and shall not be employees of WRCOG. Any personnel performing services on the Pr oject shall at all times be under the exclusive direction and control of the AGENCY or co ntractor, whichever is applicable. The AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on th e Project and as required by law. The AGENCY or consultant shall be responsible for all r eports and obligations respecting such personnel, including, but not limited to: social se curity taxes, income tax withholding, unemployment insurance and workers’ compensation insurance.
37. Effective Date. This Agreement shall not be effecti ve until executed by both Parties. The failure of one party to execute this Agreement within forty-five (45) days of the other party executing this Agreement shall render any execution of this Agreement ineffective.
38. No Third Party Beneficiaries. There are no intende d third party beneficiaries of any right or obligation assumed by the Parties.
[SIGNATURES ON FOLLOWING PAGE]
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I
N WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives to be effective on the day and year first above-written.
WESTERN RIVERSIDE COUNCIL CITY OF JURUPA VALLEY
OF GOVERNMENTS
By: Date: By: Date:
Dr. Kurt Wilson Rod Butler
Executive Director City Manager
Approved to Form:
By: Date:
Steven C. DeBaun
General Counsel
11/23/2021
12/1/21
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Exhibit A
EXHIBIT “A”
SCOPE OF WORK
SCOPE OF WORK:
The project phases to be funded under this agreement will be PA&ED and PS&E only .
Funding for other phases of work will be completed at a future date by an addendum or a separate agreement.
The City of Jurupa Valley is proposing to close the gap on Cantu Galleano Ranch Road between Bellegrave Avenue and roughly .31 miles west (the existing terminus of Cantu Galleano Ranch Road). The extended roadway will continue the existing roadway section, two lanes in each direction and a painted center median. Improvements will include grading, paving, curb and gutter, sidewalk, drainage structures, curb ramps, striping, and potentially a new traffic signal at the new intersection of Cantu Galleano Ranch and Bellegrave.
The PA&ED and PS&E phases will include, but are not limited to, topographic survey and mapping of the existing corridor, records research and utility coordination, geotechnical investigations, traffic/circulation studies, preparation of conceptual plans, CEQA, permitting, and preparation of the final PS&E package.
This project will coordinate improvements with the Bellegrave Avenue project which will be studied concurrently under a separate reimbursement agreement. 18-NW-JVL-1196
Exhibit A – 1
EXHIBIT “A-1”
ESTIMATE OF COST
Phase TUMF LOCAL TOTAL
PA&ED $22 ,000 $0 $22,000
PS&E $54 ,000 $0 $5 4,000
RIGHT OF WAY TBD TBD TBD
CONSTRUCTION TBD TBD TBD
TOTAL $76,000 $0 $76,000
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Exhibit A – 2
EXHIBIT “A-2”
PROJECT SCHEDULE
TIMETABLE:
Phase
Estimated
Completion Date Estimated Cost Comments
PA&ED 6/30/22 $22,000
PS&E 12 /30/22 $54,000
RIGHT OF WAY TBD TBD
CONSTRUCTION TBD TBD
TOTAL $76,000
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Exhibit B
Elements of Compensation
EXHIBIT “B”
PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES
1. For professional services, WRCOG recommends tha t the AGENCY incorporate this Exhibit “B-1” into its contracts with any subcontractors to establish a standard method for preparation of invoices by contractors to the AGENC Y and ultimately to WRCOG for reimbursement of AGENCY contractor costs.
2. Each month the AGENCY shall submit an invoice for eligible Project costs incurred during the preceding month. The original invoice shall be submitted to WRCOG’s Executive Director with a copy to WRCOG’s Project Coordinator . Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit “B-2”.
3. For jurisdictions with large construction projec ts (with the total construction cost exceeding $10 million) under construction at the same time, m ay with the approval of WRCOG submit invoices to WRCOG for payment at the same ti me they are received by the jurisdiction. WRCOG must receive the invoice by th e 5 th day of the month in order to
process the invoice within 30 days. WRCOG will retain 10% of the invoice until all costs have been verified as eligible and will release the balance at regular intervals not more than quarterly and not less than semi-annually. If there is a discrepancy or ineligible costs that exceed 10% of the previous invoice WRCOG will deduc t that amount from the next payment.
4. Each invoice shall include documentation from each contractor used by the AGENCY for the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsh eets showing the hours or amounts expended by each contractor or subcontractor for t he month and for the entire Project to date. Samples of acceptable task level documentation and progress reports are attached as Exhibits “B-4” and “B-5”. All documentation from t he Agency’s contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit “B-3”.
5. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY staff for eligible Project costs, the AGENCY shall provide the same level of information for its labor and any expenses as required of its contract ors pursuant to Exhibit “B” and its attachments.
6. Charges for each task and milestone listed in E xhibit “A” shall be listed separately in the invoice.
7. Each invoice shall include a certification sign ed by the AGENCY Representative or his or her designee which reads as follows:
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Exhibit B
“I hereby certify that the hours and salary rates submitted for reimbursement in this invoice are the actual hours and rates worked and paid to the contractors or subcontractors listed.
Signed ________________________________
Title __________________________________
Date __________________________________
Invoice No. ____________________________
8. WRCOG will pay the AGENCY within 30 days after receipt by WRCOG of an invoice. If WRCOG disputes any portion of an invoice, payment f or that portion will be withheld, without interest, pending resolution of the dispute, but the uncontested balance will be paid.
9. The final payment under this Agreement will be made only after: (I) the AGENCY has obtained a Release and Certificate of Final Payment from each contractor or subcontractor used on the Project; (ii) the AGENCY has executed a Release and Certificate of Final Payment; and (iii) the AGENCY has provided copies of each such Release to WRCOG.
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Exhibit B-1
EXHIBIT “B-1”
[Sample for Professional Services]
For the satisfactory performance and completion of the Services under this Agreement, Agency will pay the Contractor compensation as set forth herein. The total compensation for this service shall not exceed (_____INSERT WRITTEN DOLLA R AMOUNT___) ($___INSERT NUMERICAL DOLLAR AMOUNT___) without written approval of Agency’s City Manager [or applicable position] (“Total Compensation”).
1. ELEMENTS OF COMPENSATION.
Compensation for the Services will be comprised of the following elements: 1.1 Direct Labor Costs; 1.2 Fixed Fee; and 1.3 Additional Direct Costs.
1.1 D
IRECT LABOR COSTS .
Direct Labor costs shall be paid in an amount equal to the product of the Direct Salary Costs and the Multiplier which are defined as follows:
1.1.1 DIRECT SALARY COSTS
Direct Salary Costs are the base salaries and wag es actually paid to the Contractor's personnel directly engaged in performa nce of the Services under the Agreement. (The range of hourly rates pa id to the Contractor's personnel appears in Section 2 below.)
1.1.2 MULTIPLIER
The Multiplier to be applied to the Direct Salary Costs to determine the Direct Labor Costs is _________________, and is the sum of the following components:
1.1.2.1 Direct Salary Costs ____________________
1.1.2.2 Payroll Additives ____________________
The Decimal Ratio of Payroll Additives to Direct Sa lary Costs . Payroll Additives include all employee benefits, allowances for vacation, sick leave, and holidays, and company portion of employee insurance and social and retirement benefits, all federal and state payr oll taxes, premiums for insurance which are measured by payroll costs, and other contributions and benefits imposed by applicable laws and regulations.
1.1.2.3 Overhead Costs ____________________
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Exhibit B-1
The Decimal Ratio of Allowable Overhead Costs to th e Contractor Firm's Total Direct Salary Costs. Allowable Overhead Costs include general, administrative and overhead costs of maintaining and operating established offices, and consistent with established firm polic ies, and as defined in the Federal Acquisitions Regulations, Part 31.2.
Total Multiplier ____________________
(sum of 1.1.2.1, 1.1.2.2, and 1.1.2.3)
1.2 F
IXED FEE .
1.2.1 The fixed fee is $______________________.
1.2.2 A pro-rata share of the Fixed Fee shall be ap plied to the total Direct Labor Costs expended for services each month, and shall be included on each monthly invoice.
1.3 A
DDITIONAL DIRECT COSTS .
Additional Direct Costs directly identifiable to th e performance of the services of this Agreement shall be reimbursed at the rates below, or at actual invoiced cost.
Rates for identified Additional Direct Costs are a s follows:
ITEM REIMBURSEMENT RATE
[___insert charges___]
Per Diem $ /day
Car mileage $ /mile
Travel $ /trip
Computer Charges $ /hour
Photocopies $ /copy
Blueline $ /sheet
LD Telephone $ /call
Fax $ /sheet
Photographs $ /sheet
Travel by air and travel in excess of 100 miles fro m the Contractor's office nearest to Agency’s office must have Agency's prior written ap proval to be reimbursed under this Agreement.
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Exhibit B-1
2. DIRECT SALARY RATES
Direct Salary Rates, which are the range of hourly rates to be used in determining Direct Salary Costs in Section 1.1.1 above, are given below and are subject to the following:
2.1 Direct Salary Rates shall be applicable to both str aight time and overtime work, unless payment of a premium for overtime work is re quired by law, regulation or craft agreement, or is otherwise specified in this Agreement. In such event, the premium portion of Direct Salary Costs will not be subject to the Multiplier defined in Paragraph 1.1.2 above.
2.2 Direct Salary Rates shown herein are in effect for one year following the effective date of the Agreement. Thereafter, they may be adj usted annually to reflect the Contractor's adjustments to individual compensation . The Contractor shall notify Agency in writing prior to a change in the range of rates included herein, and prior to each subsequent change.
POSITION OR CLASSIFICATION RANGE OF HOURLY RA TES
[___sample___]
Principal $ .00 - $ .00/hour
Project Manager $ .00 - $ .00/hour
Sr. Engineer/Planner $ .00 - $ .00/hour
Project Engineer/Planner $ .00 - $ .00/hour
Assoc. Engineer/Planner $ .00 - $ .00/hour
Technician $ .00 - $ .00/hour
Drafter/CADD Operator $ .00 - $ .00/hour
Word Processor $ .00 - $ .00/hour
2.3 The above rates are for the Contractor only. All rates for subcontractors to the Contractor will be in accordance with the Contractor's cost proposal.
3. INVOICING.
3.1 Each month the Contractor shall submit an invoice f or Services performed during the preceding month. The original invoice shall be submitted to Agency's Executive Director with two (2) copies to Agency's Project Coordinator.
3.2 Charges shall be billed in accordance with the term s and rates included herein, unless otherwise agreed in writing by Agency's Representative.
3.3 Base Work and Extra Work shall be charged separatel y, and the charges for each task and Milestone listed in the Scope of Services, shall be listed separately. The charges for each individual assigned by the Contrac tor under this Agreement shall be listed separately on an attachment to the invoice.
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Exhibit B-1
3.4 A charge of $500 or more for any one item of Additi onal Direct Costs shall be accompanied by substantiating documentation satisfa ctory to Agency such as invoices, telephone logs, etc.
3.5 Each copy of each invoice shall be accompanied by a Monthly Progress Report and spreadsheets showing hours expended by task for eac h month and total project to date.
3.6 If applicable, each invoice shall indicate paym ents to DBE subcontractors or supplies by dollar amount and as a percentage of the total invoice.
3.7 Each invoice shall include a certification sign ed by the Contractor's Representative or an officer of the firm which reads as follows:
I hereby certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to t he employees listed.
Signed _____________________________
Title _____________________________
Date _____________________________
Invoice No. _____________________________
4. PAYMENT
4.1 Agency shall pay the Contractor within four to six weeks after receipt by Agency of an original invoice. Should Agency contest any portion of an invoice, that portion shall be held for resolution, without inter est, but the uncontested balance shall be paid.
4.2 The final payment for Services under this Agree ment will be made only after the Contractor has executed a Release and Certificate of Final Payment.
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Exhibit B-2
EXHIBIT B-2
Sample Cover Letter to WRCOG
Date
Western Riverside Council of Governments
3390 University Avenue; Suite 200
Riverside, California 92501
Attention: Deputy Executive Director
ATTN: Accounts Payable
Re: Project Title - Invoice #__
Enclosed for your review and payment approval is the AGENCY’s invoice for professional and technical services that was rendered by our contractors in connection with the 2002 Measure “A” Local Streets and Roads Funding per Agreement No. ________ effective (Month/Day/Year) .
The required support documentation received from each contractor is included as backup to the invoice.
Invoice period covered is from Month/Date/Year to Month/Date/Year .
Total Authorized Agreement Amount: $0,000,000.0 0
Total Invoiced to Date: $0,000,000.00
Total Previously Invoiced: $0,000,000.00
Balance Remaining: $0,000,000.00
Amount due this Invoice: $0,000,000.00
===========
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors listed.
By: _____________________________
Name
Title
cc:
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Exhibit B-3
EXHIBIT B-3
Sample Letter from Contractor to AGENCY
Month/Date/Year
Western Riverside Council of Governments
3390 University Avenue; Suite 200
Riverside, California 92501
Attention: Deputy Executive Director
Attn: Accounts Payable Invoice #____________
For [type of services] rendered by [contractor name] in connection with [name of project] This is per agreement No. XX-XX-XXX effective Month/Date/Year .
Invoice period covered is from Month/Date/Year to Month/Date/Year .
Total Base Contract Amount: $000,000.00
Authorized Extra Work (if Applicable) $000,000.00
------------------
TOTAL AUTHORIZED CONTRACT AMOUNT: $000,000.00
Total Invoice to Date: $000,000.00
Total Previously Billed: $000,000.00
Balance Remaining: $000,000.00
Amount Due this Invoice: $000,000.00
==========
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed,
By: ____________________
Name
Title
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Exhibit B-4
EXHIBIT B-4
SAMPLE TASK SUMMARY SCHEDULE
(OPTIONAL)
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Exhibit B-5
EXHIBIT B-5
Sample Progress Report
REPORTING PERIOD: Month/Date/Year to Month/Date/Yea r
PROGRESS REPORT: #1
A. Activities and Work Completed during Current Work Periods
TASK 01 – 100% PS&E SUBMITTAL
1. Responded to Segment 1 comments from Department of Transportation
2. Completed and submitted Segment 1 final PS&E
B. Current/Potential Problems Encountered & Corrective Action
Problems Corrective Action
None None
C. Work Planned Next Period
TASK 01 – 100% PS&E SUBMITTAL
1. Completing and to submit Traffic Signal and El ectrical Design plans
2. Responding to review comments
Attachment D
TUMF Reimbursement Agreement for Bellegrave Avenue
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TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM
AGREEMENT TO REIMBURSE TUMF FUNDS
BELLEGRAVE AVE (CANTU-GALLEANO RANCH RD TO VAN BUREN)
PA&ED AND PS&E
THIS REIMBURSEMENT AGREEMENT (“Agreement”) is ente red into as of this day of __ __, 2021, by and between the Western Riverside Council of Governments (“WRCOG”), a California joint powers authority and the City of Jurupa Valley, a California municipal corporation (“AGENCY”). WRCOG and AGENCY are sometimes hereinafter referred to individually as “Party” and collectively as “Parties”.
RECITALS
A. WRCOG is the Administrator of the Transportatio n Uniform Mitigation Fee Program of Western Riverside County (“TUMF Program”).
B. WRCOG has identified and designated certain tra nsportation improvement projects throughout Western Riverside County as projects of regional importance (“Qualifying Projects” or “Projects”). The Qualifying Projects are more s pecifically described in that certain WRCOG study titled “TUMF Nexus Study”, as may be amended from time to time. Qualifying Projects can have Regional or Zonal significance as further described in the TUMF Nexus Study.
C. The TUMF Program is funded by TUMF fees paid by new development in Western Riverside County (collectively, “TUMF Program Funds”). TUMF Program Funds are held in trust by WRCOG for the purpose of funding the Qualifying Projects.
D. The AGENCY proposes to implement a Qualifying P roject, and it is the purpose of this Agreement to identify the project and to set forth the terms and conditions by which WRCOG will release TUMF Program Funds.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual cov enants and subject to the conditions contained herein, the Parties hereby agree as follows:
1. Description of the Qualifying Project. This Ag reement is intended to distribute TUMF Program Funds to the AGENCY for BELLEGRAVE AVE (CANTU-GALLEANO RANCH RD TO VAN BUREN ), (the “Project”), a Qualifying Project. The Work, including a timetable and a detailed scope of work, is more fully described in Exhibit “A” attached hereto and incorporated herein by reference and, pursuant to S ection 20 below, is subject to modification if requested by the AGENCY and approved by WRCOG. The work shall be consistent with one or more of the defined WRCOG Call for Projects phases detailed herein as follows:
1) PA&ED – Project Approvals & Environmental Document
2) PS&E – Plans, Specifications and Estimates
3) R/W – Right of Way Acquisition and Utility Relocation 4) CON – Construction
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2. WRCOG Funding Amount. WRCOG hereby agrees to d istribute to AGENCY, on the terms and conditions set forth herein, a sum no t to exceed ONE HUNDRED FORTY THOUSAND DOLLARS ($140,000), to be used for reimbursing the AGENCY for eligible Project expenses as described in Section 3 herein (“Funding Amount”). The Parties acknowledge and agree that the Funding Amount may be less than the actual cost of the Project. Nevertheless, the Parties acknowledge and agree that WRCOG shall not be obligated to contribute TUMF Program Funds in excess of the maximum TUMF share identifie d in the TUMF Nexus Study (“Maximum TUMF Share”), as may be amended from time to time.
3. Project Costs Eligible for Advance/Reimbursemen t. The total Project costs (“Total Project Cost”) may include the following items, provided that such items are included in the scope of work attached hereto as Exhibit “A” (“Scope of Work”): (1) AGENCY and/or consultant costs associated with direct Project coordination and sup port; (2) funds expended in preparation of preliminary engineering studies; (3) funds expended for preparation of environmental review documentation for the Project; (4) all costs associ ated with right-of-way acquisition, including right-of-way engineering, appraisal, acquisition, l egal costs for condemnation procedures if authorized by the AGENCY, and costs of reviewing appraisals and offers for property acquisition; (5) costs reasonably incurred if condemnation proce eds; (6) costs incurred in the preparation of plans, specifications, and estimates by AGENCY or c onsultants; (7) AGENCY costs associated with bidding, advertising and awarding of the Proje ct contracts; (8) construction costs, including change orders to construction contract approved by the AGENCY; (9) construction management, field inspection and material testing costs; and (1 0) any AGENCY administrative cost to deliver the Project.
4. Ineligible Project Costs. The Total Project Co st shall not include the following items which shall be borne solely by the AGENCY wit hout reimbursement: (1) any AGENCY administrative fees attributed to the reviewing and processing of the Project; and (2) expenses for items of work not included within the Scope of Work in Exhibit “A”.
5. Procedures for Distribution of TUMF Program Fun ds to AGENCY.
(a) Initial Payment by the AGENCY. The AGENCY shal l be responsible for initial payment of all the Project costs as they ar e incurred. Following payment of such Project costs, the AGENCY shall submit invoices to WRCOG re questing reimbursement of eligible Project costs. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to the AGENCY, and documents evidencing the AGENCY’s payment of the invoices or demands for payment. Documents evi dencing the AGENCY’S payment of the invoices shall be retained for four (4) years and s hall be made available for review by WRCOG.
The AGENCY shall submit invoices not more often than monthly and not less often than quarterly.
(b) Review and Reimbursement by WRCOG. Upon receip t of an invoice from the AGENCY, WRCOG may request additional documentation or explanation of the Project costs for which reimbursement is sought. Undisputed amou nts shall be paid by WRCOG to the AGENCY within thirty (30) days. In the event that WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute. If th e meet and confer process is unsuccessful in resolving the dispute, the AGENCY may appeal WRCOG’s decision as to the eligibility of one or 20-NW-JVL-1303
more invoices to WRCOG’s Executive Director. The W RCOG Executive Director shall provide his/her decision in writing. If the AGENCY disagrees with the Executive Director’s decision, the AGENCY may appeal the decision of the Executive Dir ector to the full WRCOG Executive Committee, provided the AGENCY submits its request for appeal to WRCOG within ten (10) days of the Executive Director’s written decision. The d ecision of the WRCOG Executive Committee shall be final. Additional details concerning the procedure for the AGENCY’s submittal of invoices to WRCOG and WRCOG’s consideration and payment of submitted invoices are set forth in Exhibit “B”, attached hereto and incorporated herein by reference.
(c) Funding Amount/Adjustment. If a post Project a udit or review indicates that WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Maximum TUMF Share of the Project, or has provided reimbursement of ineligible Project costs, the AGENCY shall reimburse WRCOG for the excess or ineligible payments within 30 days of notification by WRCOG.
6. Increases in Project Funding. The Funding Amou nt may, in WRCOG’s sole discretion, be augmented with additional TUMF Progr am Funds if the TUMF Nexus Study is amended to increase the maximum eligible TUMF share for the Project. Any such increase in the Funding Amount must be approved in writing by WRCOG’s Executive Director. In no case shall the amount of TUMF Program Funds allocated to the AGENCY exceed the then-current maximum eligible TUMF share for the Project. No such increased funding shall be expended to pay for any Project already completed. For purposes of this Ag reement, the Project or any portion thereof shall be deemed complete upon its acceptance by WRC OG’s Executive Director which shall be communicated to the AGENCY in writing.
7. No Funding for Temporary Improvements. Only se gments or components of the construction that are intended to form part of or b e integrated into the Project may be funded by TUMF Program Funds. No improvement which is temporary in nature, including but not limited to temporary roads, curbs, tapers or drainage facil ities, shall be funded with TUMF Program Funds, except as needed for staged construction of the Project.
8. AGENCY’s Funding Obligation to Complete the Proj ect. In the event that the TUMF Program Funds allocated to the Project represent less than the total cost of the Project, the AGENCY shall provide such additional funds as may be required to complete the Project.
9. AGENCY’s Obligation to Repay TUMF Program Funds to WRCOG; Exception For PA&ED Phase Work. Except as otherwise expressl y excepted within this paragraph, in the event that: (i) the AGENCY, for any reason, determ ines not to proceed with or complete the Project; or (ii) the Project is not timely complete d, subject to any extension of time granted by WRCOG pursuant to the terms of this Agreement; the AGENCY agrees that any TUMF Program Funds that were distributed to the AGENCY for the Project shall be repaid in full to WRCOG, and the Parties shall enter into good faith negotiation s to establish a reasonable repayment schedule and repayment mechanism. If the Project involves work pursuant to a PA&ED phase, AGENCY shall not be obligated to repay TUMF Program Funds to WRCOG relating solely to PA&ED phase work performed for the Project.
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10. AGENCY’s Local Match Contribution. AGENCY loc al match funding is not required, as shown in Exhibit “A” and as called out in the AGENCY’s Project Nomination Form submitted to WRCOG in response to its Call for Projects.”
11. Term/Notice of Completion. The term of this Ag reement shall be from the date first herein above written until the earlier of the following: (i) the date WRCOG formally accepts the Project as complete, pursuant to Section 6; (ii ) termination of this Agreement pursuant to Section 15; or (iii) the AGENCY has fully satisfied its obligations under this Agreement. All applicable indemnification provisions of this Agree ment shall remain in effect following the termination of this Agreement.
12. Representatives of the Parties. WRCOG’s Execut ive Director, or his or her designee, shall serve as WRCOG’s representative and shall have the authority to act on behalf of WRCOG for all purposes under this Agreement. The A GENCY hereby designates Rod Butler, City Manager , or his or her designee, as the AGENCY’s representa tive to WRCOG. The AGENCY’s representative shall have the authority to act on behalf of the AGENCY for all purposes under this Agreement and shall coordinate all activities of the Project under the AGENCY’s responsibility. The AGENCY shall work closely and cooperate fully with WRCOG’s representative and any other agencies which may have jurisdiction over or an interest in the Project.
13. Expenditure of Funds by AGENCY Prior to Executi on of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the Project prior to the execution of the Agreement , or from being reimbursed by WRCOG for such expenditures. However, the AGENCY understands and acknowledges that any expenditure of funds on the Project prior to the execution of t he Agreement is made at the AGENCY’s sole risk, and that some expenditures by the AGENCY may not be eligible for reimbursement under this Agreement.
14. Review of Services. The AGENCY shall allow WRC OG’s Representative to inspect or review the progress of the Project at any reasonable time in order to determine whether the terms of this Agreement are being met.
15. Termination.
(a) Notice. Either WRCOG or AGENCY may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach.
During the 30 day cure period, the Parties shall di scuss, in good faith, the manner in which the breach can be cured.
(b) Effect of Termination. In the event that the A GENCY terminates this Agreement, the AGENCY shall, within 180 days, repay to WRCOG any unexpended TUMF Program Funds provided to the AGENCY under this Agr eement and shall complete any portion or segment of work for the Project for which TUMF P rogram Funds have been provided. In the event that WRCOG terminates this Agreement, WRCOG s hall, within 90 days, distribute to the AGENCY TUMF Program Funds in an amount equal to the aggregate total of all unpaid invoices 20-NW-JVL-1303
which have been received from the AGENCY regarding the Project at the time of the notice of termination; provided, however, that WRCOG shall be entitled to exercise its rights under Section 5(b), including but not limited to conducting a rev iew of the invoices and requesting additional information. Upon such termination, the AGENCY sha ll, within 180 days, complete any portion or segment of work for the Project for which TUMF P rogram Funds have been provided. This Agreement shall terminate upon receipt by the non-t erminating Party of the amounts due to it hereunder and upon completion of the segment or por tion of Project work for which TUMF Program Funds have been provided.
(c) Cumulative Remedies. The rights and remedies o f the Parties provided in this Section are in addition to any other rights an d remedies provided by law or under this Agreement.
16. Prevailing Wages. The AGENCY and any other per son or entity hired to perform services on the Project are alerted to the requirem ents of California Labor Code Sections 1770 et seq., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The AGENCY shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Project. The AGENCY shall defend, indemnify, and hold harmless W RCOG, its officers, employees, consultants, and agents from any claim or liability , including without limitation attorneys, fees, arising from its failure or alleged failure to comp ly with California Labor Code Sections 1770 et seq.
17. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with progress reports concerning the status of the Project.
18. Indemnification.
(a) AGENCY Responsibilities. In addition to the in demnification required under Section 16, the AGENCY agrees to indemnify an d hold harmless WRCOG, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by t his Agreement including all design and construction activities, due to negligent acts, err ors or omissions or willful misconduct of the AGENCY or its subcontractors. The AGENCY will reim burse WRCOG for any expenditures, including reasonable attorneys’ fees, incurred by WRCOG, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of the AGENCY. (b) WRCOG Responsibilities. WRCOG agrees to inde mnify and hold harmless the AGENCY, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negl igent acts, errors or omissions or willful misconduct of WRCOG or its sub-consultants. WRCOG will reimburse the AGENCY for any expenditures, including reasonable attorneys’ fees, incurred by the AGENCY, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of WRCOG.
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(c) Effect of Acceptance. The AGENCY shall be resp onsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Project. WRCOG’s review, acceptance or funding of any services performed by the AGENCY or any other person or entity under this Agreement shall not be construed to operate as a waiver of any rights WRCOG may hold under this Agreement or o f any cause of action arising out of this Agreement. Further, the AGENCY shall be and remain liable to WRCOG, in accordance with applicable law, for all damages to WRCOG caused by the AGENCY’s negligent performance of this Agreement or supervision of any services provided to complete the Project.
19. Insurance. The AGENCY shall require, at a mini mum, all persons or entities hired to perform the Project to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the AGENCY and WRCOG. Such insurance shall be maintained throughout the term o f this Agreement, or until completion of the Project, whichever occurs last.
(a) Commercial General Liability Insurance. Occurr ence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall:
(i) Name WRCOG and AGENCY, and their respective of ficials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Project and shall contain no special limitat ions on the scope of coverage or the protection afforded to these insured;
(ii) Be primary with respect to any insurance or s elf-insurance programs covering WRCOG and AGENCY, and/or their respective officials, officers, employees, agents, and consultants; and
(iii) Contain standard separation of insured provis ions.
(b) Business Automobile Liability Insurance. Busin ess automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.
(c) Professional Liability Insurance. Errors and o missions liability insurance with a limit of not less than $1,000,000.00 Profess ional liability insurance shall only be required of design or engineering professionals.
(d) Workers’ Compensation Insurance. Workers’ compe nsation insurance with statutory limits and employers’ liability insurance with limits of not less than $1,000,000.00 each accident.
20. Project Amendments. Changes to the characteris tics of the Project, including the deadline for Project completion, and any responsibi lities of the AGENCY or WRCOG may be requested in writing by the AGENCY and are subject to the approval of WRCOG’s Representative, 20-NW-JVL-1303
which approval will not be unreasonably withheld, provided that extensions of time for completion of the Project shall be approved in the sole discre tion of WRCOG’s Representative. Nothing in this Agreement shall be construed to require or all ow completion of the Project without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; “CEQA”) and the National Environmental Policy Act o f 1969 (42 USC 4231 et seq. ), if applicable, but the necessity of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in completion of the Project.
21. Conflict of Interest. For the term of this Agr eement, no member, officer or employee of the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
22. Limited Scope of Duties. WRCOG’s and the AGENC Y’s duties and obligations under this Agreement are limited to those described herein. WRCOG has no obligation with respect to the safety of any Project performed at a job site. In addition, WRCOG shall not be liable for any action of AGENCY or its contractors relating to the condemnation of property undertaken by AGENCY or construction related to the Project.
23. Books and Records. Each party shall maintain c omplete, accurate, and clearly identifiable records with respect to costs incurred for the Project under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vou chers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement. Further, each party sh all furnish to the other party, its agents or employees such other evidence or information as the y may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least four (4) years following termination o f this Agreement, and they shall have access to such information during the four-year period for the purposes of examination or audit.
24. Equal Opportunity Employment. The Parties repr esent that they are equal opportunity employers and they shall not discrimina te against any employee or applicant of reemployment because of race, religion, color, nati onal origin, ancestry, sex or age. Such non- discrimination shall include, but not be limited to , all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
25. Governing Law. This Agreement shall be governe d by and construed with the laws of the State of California.
26. Attorneys’ Fees. If either party commences an action against the other party 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 attorneys’ fees and costs of suit.
27. Time of Essence. Time is of the essence for ea ch and every provision of this Agreement.
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28. Headings. Article and Section Headings, paragr aph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein.
29. Public Acknowledgement. The AGENCY agrees th at all public notices, news releases, information signs and other forms of comm unication shall indicate that the Project is being cooperatively funded by the AGENCY and WRCOG TUMF Program Funds.
30. No Joint Venture. This Agreement is for fundi ng purposes only and nothing herein shall be construed to make WRCOG a party to the con struction of the Project or to make it a partner or joint venture with the AGENCY for such purpose.
31. Compliance With the Law. The AGENCY shall co mply with all applicable laws, rules and regulations governing the implementation of the Qualifying Project, including, where applicable, the rules and regulations pertaining to the participation of businesses owned or controlled by minorities and women promulgated by the Federal Highway Administration and the Federal Department of Transportation.
32. Notices. All notices hereunder and communica tions regarding interpretation of the terms of this Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
If to AGENCY: City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, California 92509
Attention: Paul Toor, Director of Public Works/ City Engineer Telephone: 951-332-6464
Facsimile: 951-332-6995
If to WRCOG: Western Riverside Council of Governm ents 3390 University Avenue; Suite 200
Riverside, California 92501
Attention: Christopher Gray, Deputy Executive D irector Telephone: (951) 405-6710
Facsimile: (951) 223-9720
Any notice so given shall be considered served on t he other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice sha ll be deemed adequate notice on the date actual notice occurred regardless of the method of service.
33. Integration; Amendment. This Agreement conta ins the entire agreement between the PARTIES. Any agreement or representation respe cting matters addressed herein that are not expressly set forth in this Agreement is null and v oid. This Agreement may be amended only by mutual written agreement of the PARTIES.
20-NW-JVL-1303
34. Severability. If any term, provision, condit ion or covenant of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby.
35. Conflicting Provisions. In the event that prov isions of any attached appendices or exhibits conflict in any way with the provisions se t forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties’ understanding concerning the Agreement.
36. Independent Contractors. Any person or entitie s retained by the AGENCY or any contractor shall be retained on an independent cont ractor basis and shall not be employees of WRCOG. Any personnel performing services on the Pr oject shall at all times be under the exclusive direction and control of the AGENCY or co ntractor, whichever is applicable. The AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on th e Project and as required by law. The AGENCY or consultant shall be responsible for all r eports and obligations respecting such personnel, including, but not limited to: social se curity taxes, income tax withholding, unemployment insurance and workers’ compensation insurance.
37. Effective Date. This Agreement shall not be effecti ve until executed by both Parties. The failure of one party to execute this Agreement within forty-five (45) days of the other party executing this Agreement shall render any execution of this Agreement ineffective.
38. No Third Party Beneficiaries. There are no intende d third party beneficiaries of any right or obligation assumed by the Parties.
[SIGNATURES ON FOLLOWING PAGE]
20-NW-JVL-1303
I
N WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives to be effective on the day and year first above-written.
WESTERN RIVERSIDE COUNCIL CITY OF JURUPA VALLEY
OF GOVERNMENTS
By: Date: By: Date:
Dr. Kurt Wilson Rod Butler
Executive Director City Manager
Approved to Form:
By: Date:
Steven C. DeBaun
General Counsel
11/23/2021
12/1/21
20-NW-JVL-1303
Exhibit A
EXHIBIT “A”
SCOPE OF WORK
SCOPE OF WORK:
The project phases to be funded under this agreement will be PA&ED and PS&E only .
Funding for other phases of work will be completed at a future date by an addendum or a separate agreement.
The City of Jurupa Valley is proposing to widen Bellegrave Avenue between Cantu Galleano Ranch Road and Van Buren Boulevard. This project will widen the existing two-lane roadway to four travel lanes, two in each direction, and a painted center median. Additional improvements will include grading, paving, curb and gutter, sidewalk, drainage structures as necessary, curb ramps, striping, and potentially a new traffic signal at the new intersection of Cantu Galleano Ranch and Bellegrave.
The PA&ED and PS&E phases will include, but are not limited to, topographic survey and mapping of the existing corridor, records research and utility coordination, geotechnical investigations, traffic/circulation studies, preparation of conceptual plans, CEQA, permitting, and preparation of the final PS&E package.
This project will coordinate improvements with the Cantu Galleano Ranch Road Gap Closure project which will be studied concurrently under a separate reimbursement agreement. 20-NW-JVL-1303
Exhibit A – 1
EXHIBIT “A-1”
ESTIMATE OF COST
Phase TUMF LOCAL TOTAL
PA&ED $40 ,000 $0 $40 ,000
PS&E $100 ,000 $0 $100 ,000
RIGHT OF WAY TBD TBD TBD
CONSTRUCTION TBD TBD TBD
TOTAL $140 ,000 $0 $140 ,000
20-NW-JVL-1303
Exhibit A – 2
EXHIBIT “A-2”
PROJECT SCHEDULE
TIMETABLE:
Phase
Estimated
Completion Date Estimated Cost Comments
PA&ED 6/30/22 $40 ,000
PS&E 12 /30/22 $100 ,000
RIGHT OF WAY TBD TBD
CONSTRUCTION TBD TBD
TOTAL $140 ,000
20-NW-JVL-1303
Exhibit B
Elements of Compensation
EXHIBIT “B”
PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES
1. For professional services, WRCOG recommends tha t the AGENCY incorporate this Exhibit “B-1” into its contracts with any subcontractors to establish a standard method for preparation of invoices by contractors to the AGENC Y and ultimately to WRCOG for reimbursement of AGENCY contractor costs.
2. Each month the AGENCY shall submit an invoice for eligible Project costs incurred during the preceding month. The original invoice shall be submitted to WRCOG’s Executive Director with a copy to WRCOG’s Project Coordinator . Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit “B-2”.
3. For jurisdictions with large construction projec ts (with the total construction cost exceeding $10 million) under construction at the same time, m ay with the approval of WRCOG submit invoices to WRCOG for payment at the same ti me they are received by the jurisdiction. WRCOG must receive the invoice by th e 5 th day of the month in order to
process the invoice within 30 days. WRCOG will retain 10% of the invoice until all costs have been verified as eligible and will release the balance at regular intervals not more than quarterly and not less than semi-annually. If there is a discrepancy or ineligible costs that exceed 10% of the previous invoice WRCOG will deduc t that amount from the next payment.
4. Each invoice shall include documentation from each contractor used by the AGENCY for the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsh eets showing the hours or amounts expended by each contractor or subcontractor for t he month and for the entire Project to date. Samples of acceptable task level documentation and progress reports are attached as Exhibits “B-4” and “B-5”. All documentation from t he Agency’s contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit “B-3”.
5. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY staff for eligible Project costs, the AGENCY shall provide the same level of information for its labor and any expenses as required of its contract ors pursuant to Exhibit “B” and its attachments.
6. Charges for each task and milestone listed in E xhibit “A” shall be listed separately in the invoice.
7. Each invoice shall include a certification sign ed by the AGENCY Representative or his or her designee which reads as follows:
20-NW-JVL-1303
Exhibit B
“I hereby certify that the hours and salary rates submitted for reimbursement in this invoice are the actual hours and rates worked and paid to the contractors or subcontractors listed.
Signed ________________________________
Title __________________________________
Date __________________________________
Invoice No. ____________________________
8. WRCOG will pay the AGENCY within 30 days after receipt by WRCOG of an invoice. If WRCOG disputes any portion of an invoice, payment f or that portion will be withheld, without interest, pending resolution of the dispute, but the uncontested balance will be paid.
9. The final payment under this Agreement will be made only after: (I) the AGENCY has obtained a Release and Certificate of Final Payment from each contractor or subcontractor used on the Project; (ii) the AGENCY has executed a Release and Certificate of Final Payment; and (iii) the AGENCY has provided copies of each such Release to WRCOG.
20-NW-JVL-1303
Exhibit B-1
EXHIBIT “B-1”
[Sample for Professional Services]
For the satisfactory performance and completion of the Services under this Agreement, Agency will pay the Contractor compensation as set forth herein. The total compensation for this service shall not exceed (_____INSERT WRITTEN DOLLA R AMOUNT___) ($___INSERT NUMERICAL DOLLAR AMOUNT___) without written approval of Agency’s City Manager [or applicable position] (“Total Compensation”).
1. ELEMENTS OF COMPENSATION.
Compensation for the Services will be comprised of the following elements: 1.1 Direct Labor Costs; 1.2 Fixed Fee; and 1.3 Additional Direct Costs.
1.1 D
IRECT LABOR COSTS .
Direct Labor costs shall be paid in an amount equal to the product of the Direct Salary Costs and the Multiplier which are defined as follows:
1.1.1 DIRECT SALARY COSTS
Direct Salary Costs are the base salaries and wag es actually paid to the Contractor's personnel directly engaged in performa nce of the Services under the Agreement. (The range of hourly rates pa id to the Contractor's personnel appears in Section 2 below.)
1.1.2 MULTIPLIER
The Multiplier to be applied to the Direct Salary Costs to determine the Direct Labor Costs is _________________, and is the sum of the following components:
1.1.2.1 Direct Salary Costs ____________________
1.1.2.2 Payroll Additives ____________________
The Decimal Ratio of Payroll Additives to Direct Sa lary Costs . Payroll Additives include all employee benefits, allowances for vacation, sick leave, and holidays, and company portion of employee insurance and social and retirement benefits, all federal and state payr oll taxes, premiums for insurance which are measured by payroll costs, and other contributions and benefits imposed by applicable laws and regulations.
1.1.2.3 Overhead Costs ____________________
20-NW-JVL-1303
Exhibit B-1
The Decimal Ratio of Allowable Overhead Costs to th e Contractor Firm's Total Direct Salary Costs. Allowable Overhead Costs include general, administrative and overhead costs of maintaining and operating established offices, and consistent with established firm polic ies, and as defined in the Federal Acquisitions Regulations, Part 31.2.
Total Multiplier ____________________
(sum of 1.1.2.1, 1.1.2.2, and 1.1.2.3)
1.2 F
IXED FEE .
1.2.1 The fixed fee is $______________________.
1.2.2 A pro-rata share of the Fixed Fee shall be ap plied to the total Direct Labor Costs expended for services each month, and shall be included on each monthly invoice.
1.3 A
DDITIONAL DIRECT COSTS .
Additional Direct Costs directly identifiable to th e performance of the services of this Agreement shall be reimbursed at the rates below, or at actual invoiced cost.
Rates for identified Additional Direct Costs are a s follows:
ITEM REIMBURSEMENT RATE
[___insert charges___]
Per Diem $ /day
Car mileage $ /mile
Travel $ /trip
Computer Charges $ /hour
Photocopies $ /copy
Blueline $ /sheet
LD Telephone $ /call
Fax $ /sheet
Photographs $ /sheet
Travel by air and travel in excess of 100 miles fro m the Contractor's office nearest to Agency’s office must have Agency's prior written ap proval to be reimbursed under this Agreement.
20-NW-JVL-1303
Exhibit B-1
2. DIRECT SALARY RATES
Direct Salary Rates, which are the range of hourly rates to be used in determining Direct Salary Costs in Section 1.1.1 above, are given below and are subject to the following:
2.1 Direct Salary Rates shall be applicable to both str aight time and overtime work, unless payment of a premium for overtime work is re quired by law, regulation or craft agreement, or is otherwise specified in this Agreement. In such event, the premium portion of Direct Salary Costs will not be subject to the Multiplier defined in Paragraph 1.1.2 above.
2.2 Direct Salary Rates shown herein are in effect for one year following the effective date of the Agreement. Thereafter, they may be adj usted annually to reflect the Contractor's adjustments to individual compensation . The Contractor shall notify Agency in writing prior to a change in the range of rates included herein, and prior to each subsequent change.
POSITION OR CLASSIFICATION RANGE OF HOURLY RA TES
[___sample___]
Principal $ .00 - $ .00/hour
Project Manager $ .00 - $ .00/hour
Sr. Engineer/Planner $ .00 - $ .00/hour
Project Engineer/Planner $ .00 - $ .00/hour
Assoc. Engineer/Planner $ .00 - $ .00/hour
Technician $ .00 - $ .00/hour
Drafter/CADD Operator $ .00 - $ .00/hour
Word Processor $ .00 - $ .00/hour
2.3 The above rates are for the Contractor only. All rates for subcontractors to the Contractor will be in accordance with the Contractor's cost proposal.
3. INVOICING.
3.1 Each month the Contractor shall submit an invoice f or Services performed during the preceding month. The original invoice shall be submitted to Agency's Executive Director with two (2) copies to Agency's Project Coordinator.
3.2 Charges shall be billed in accordance with the term s and rates included herein, unless otherwise agreed in writing by Agency's Representative.
3.3 Base Work and Extra Work shall be charged separatel y, and the charges for each task and Milestone listed in the Scope of Services, shall be listed separately. The charges for each individual assigned by the Contrac tor under this Agreement shall be listed separately on an attachment to the invoice.
20-NW-JVL-1303
Exhibit B-1
3.4 A charge of $500 or more for any one item of Additi onal Direct Costs shall be accompanied by substantiating documentation satisfa ctory to Agency such as invoices, telephone logs, etc.
3.5 Each copy of each invoice shall be accompanied by a Monthly Progress Report and spreadsheets showing hours expended by task for eac h month and total project to date.
3.6 If applicable, each invoice shall indicate paym ents to DBE subcontractors or supplies by dollar amount and as a percentage of the total invoice.
3.7 Each invoice shall include a certification sign ed by the Contractor's Representative or an officer of the firm which reads as follows:
I hereby certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to t he employees listed.
Signed _____________________________
Title _____________________________
Date _____________________________
Invoice No. _____________________________
4. PAYMENT
4.1 Agency shall pay the Contractor within four to six weeks after receipt by Agency of an original invoice. Should Agency contest any portion of an invoice, that portion shall be held for resolution, without inter est, but the uncontested balance shall be paid.
4.2 The final payment for Services under this Agree ment will be made only after the Contractor has executed a Release and Certificate of Final Payment.
20-NW-JVL-1303
Exhibit B-2
EXHIBIT B-2
Sample Cover Letter to WRCOG
Date
Western Riverside Council of Governments
3390 University Avenue; Suite 200
Riverside, California 92501
Attention: Deputy Executive Director
ATTN: Accounts Payable
Re: Project Title - Invoice #__
Enclosed for your review and payment approval is the AGENCY’s invoice for professional and technical services that was rendered by our contractors in connection with the 2002 Measure “A” Local Streets and Roads Funding per Agreement No. ________ effective (Month/Day/Year) .
The required support documentation received from each contractor is included as backup to the invoice.
Invoice period covered is from Month/Date/Year to Month/Date/Year .
Total Authorized Agreement Amount: $0,000,000.0 0
Total Invoiced to Date: $0,000,000.00
Total Previously Invoiced: $0,000,000.00
Balance Remaining: $0,000,000.00
Amount due this Invoice: $0,000,000.00
===========
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors listed.
By: _____________________________
Name
Title
cc:
20-NW-JVL-1303
Exhibit B-3
EXHIBIT B-3
Sample Letter from Contractor to AGENCY
Month/Date/Year
Western Riverside Council of Governments
3390 University Avenue; Suite 200
Riverside, California 92501
Attention: Deputy Executive Director
Attn: Accounts Payable Invoice #____________
For [type of services] rendered by [contractor name] in connection with [name of project] This is per agreement No. XX-XX-XXX effective Month/Date/Year .
Invoice period covered is from Month/Date/Year to Month/Date/Year .
Total Base Contract Amount: $000,000.00
Authorized Extra Work (if Applicable) $000,000.00
------------------
TOTAL AUTHORIZED CONTRACT AMOUNT: $000,000.00
Total Invoice to Date: $000,000.00
Total Previously Billed: $000,000.00
Balance Remaining: $000,000.00
Amount Due this Invoice: $000,000.00
==========
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed,
By: ____________________
Name
Title
20-NW-JVL-1303
Exhibit B-4
EXHIBIT B-4
SAMPLE TASK SUMMARY SCHEDULE
(OPTIONAL)
20-NW-JVL-1303
Exhibit B-5
EXHIBIT B-5
Sample Progress Report
REPORTING PERIOD: Month/Date/Year to Month/Date/Yea r
PROGRESS REPORT: #1
A. Activities and Work Completed during Current Work Periods
TASK 01 – 100% PS&E SUBMITTAL
1. Responded to Segment 1 comments from Department of Transportation
2. Completed and submitted Segment 1 final PS&E
B. Current/Potential Problems Encountered & Corrective Action
Problems Corrective Action
None None
C. Work Planned Next Period
TASK 01 – 100% PS&E SUBMITTAL
1. Completing and to submit Traffic Signal and El ectrical Design plans
2. Responding to review comments
Page | 1
120
STAFF REPORT
DATE: JANUARY 20, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS
SUBJECT: AGENDA ITEM NO. 14.G
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY ACCEPTING CERTAIN STREETS INTO TH E CITY
MANTAINED STREET SYSTEM FOR TRACT MAP 36702 LOCATED ON
THE EAST SIDE OF STONE AVENUE 200 FEET SOUTH OF
MARTINGALE DRIVE (STONE RANCH, LLC C/O CRESTWOOD
CORPORATION)
RECOMMENDATION:
1) That the City Council adopt Resolution No. 2022-03, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, ACCEPTING CERTAIN STREETS INTO THE CITY MAINTAINED STREET SYSTEM (TRACT MAP 36702 LOCATED ON THE EAST SIDE OF STONE AVENUE 200 FEET SOUTH OF MARTINGALE DRIVE), PURSUANT TO STREETS AND HIGHWAYS CODE SECTION 1806 2) Authorize the City Manager to record the Notice of Completion; and 3) Authorize the City Engineer to reduce the Performance Bond and Material and Labor Bond for the street improvements to start the one-year warranty period; after which the City Engineer may fully release the bond; and 4) Authorize the City Engineer to release the Monument Bond 90 days after the recordation of the Notice of Completion unless the City receives a stop notice or other lien.
RETURN TO AGENDA
Page | 2
BACKGROUND
Tentative Tract Map 36702, was approved by City Council December 5, 2019 . The subdivision is a 18 lot single-family residential development located on 10.48 acres. The owner dedicated to public use for street and public utility purposes streets designated as lettered lots on the map. Prior to recording the Final Map, Subdivision Agreements were executed and bonds were provided by the developer to secure required improvements.
ANALYSIS
The developer Stone Ranch, LLC, completed construction of the required improvements for Tract 36702. Staff inspected the improvements for compliance with the approved plans, adopted conditions of approval, the City’s Standard Plans and Specifications, and the Municipal Code. All improvements have been constructed and completed to the satisfaction of the City Engineer. The developer is ready to start the one -year warranty period and has requested the improvement bond be reduced to 10% during the warranty period.
The streets n ow being accepted by this action are shown on the attached map. The Performance Bond and Material and Labor Bond will be reduced to 10%.
The developer provided street centerline ties and monument records. All monuments identified on the map are confirmed.
OTHER INFORMATION
Previous Actions:
City Council meeting of December 5, 2019: City Council approved Final Tract Map 36702, subdivision agreements, and accepted offers of dedication and improvements bonds.
City Council meeting of February 6, 2020: City Council approved the replacement of bonds submitted by GID Tiferet 1, LLC (original owner) with those by Stone Ranch, LLC (current owner).
FISCAL IMPACT
The Public Works Department will maintain the public improvements on the streets dedicated to the City and accepted on the map for Tract 36702. Maintenance of the public streets is primarily funded with Gas Tax (revenue from State gas tax). Maintenance of the water and sewer line facilities are the responsibility of Jurupa Community Services District Page | 3
(JCSD). Right-of-way landscaping maintenance along the public right of way and the water quality basin maintenance will be funded by CFD18-002.
ALTERNATIVES
1. Take no action.
2. Provide alternative direction to staff.
************************** SIGNATURES ON FOLLOWING PAGE **************************
12774-0001\2201048v1.doc
RECORDING REQUESTED
BY AND WHEN RECORDED
MAIL TO:
City Clerk
City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509-5183
______________________________________________________________________________________ EXEMPT FROM RECORDING FEE PER GOVT. CODE § 6103
RESOLUTION NO. 2022-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
JURUPA VALLEY ACCEPTING CERTAIN STREETS INTO THE
CITY INTO THE CITY-MAINTAINED STREET SYSTEM (TRACT
MAP 36702 LOCATED ON THE EAST SIDE OF STONE AVENUE
200 FEET SOUTH OF MARTINGALE DRIVE ) PURSUANT TO
STREETS AND HIGHWAYS CODE SECTION 1806
THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY DOES RESOLVE AS FOLLOWS:
Section 1. The City Council hereby finds, determines and declares that:
(a) Tract Map 36702 was recorded by the Riverside County Recorder on December 11, 2019 (“Tract Map”).
(b) Pursuant to Government Code Sections 66477.1 and 66477.2 and other applicable law, the Tract Map offered for dedication to the City certain land for streets, public utilities and associated drainage and public improvements as described on Exhibit A, a ttached hereto and incorporated herein by this reference (“Streets”). (c) The City’s acceptance of the dedication of the Streets is conditioned on the completion of construction of the Streets and associated drainage and public improvements in accordance with City Standards and improvement plans approved by the City Engineer as provided in the Subdivision Improvement Agreement for the Streets entered into between the City and the owner of the tract.
(d) The City Engineer has inspected the Streets and has determined that the Streets and the public improvements related thereto have been satisfactorily completed in accordance with Improvement Plan No. IP18-005, approved by the City Engineer.
Section 2. The City Council hereby accepts the Streets and related drainage and public improvements as described and depicted on Exhibit A into the City -Maintained Street System pursuant to Streets and Highways Code Section 1806.
-2-
12774-0001\2201048v1.doc
Section 3. The City Clerk shall cause this Resolution and its exhibits to be recorded in the Official Records of the County of Riverside.
Section 4. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 20th day of January, 2022.
____________________________
Chris Barajas
Mayor
ATTEST:
_______________________________
Victoria Wasko, CMC
City Clerk
-3-
12774-0001\2201048v1.doc
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF JURUPA VALLEY )
I, Victoria Wasko, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Resolution No. 202 2-03 was duly passed and adopted at a regular meeting of the City Council of the City of Jurupa Valley on the 20th day of January 2022 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 20th day of January, 2022.
________________________________
Victoria Wasko, City Clerk
City of Jurupa Valley
A-1
EXHIBIT A
STREETS AND RELATED PUBLIC IMPROVEMENTS FOR TRACT 36702
SETTLERS COURT
Page | 1
120
STAFF REPORT
DATE: JANUARY 20, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
PAUL TOOR, PUBLIC WORKS DIRECTOR/CITY ENGINEER
SUBJECT: AGENDA ITEM NO. 14.H
APPROVAL OF COOPERATIVE AGREEMENT BETWEEN THE CITY OF
JURUPA VALLEY, PYRITE INVESTMENTS, LLC, AND THE RIVERSIDE
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
FOR CONSTRUCTION AND MAINTENANCE OF PYRITE CHANNEL -
STAGE 6 (LOCATED AT PYRITE STREET AND MISSION BOULEVARD (APNS: 171-020-002)
RECOMMENDATION
1) That the City Council approve the cooperative agreement with the Riverside County Flood Control and Water Conservation District (District) and Pyrite Investments, LLC (Developer) and authorize the Mayor to sign the agreement.
BACKGROUND
As a condition of approval, the Developer of MA 20035 must construct certain flood control facilities in order to provide flood protection and drainage for their project and surrounding development.
ANALYSIS
The Developer and the District are proposing an agreement for the construction of flood control facilities in order to provide the required flood protection for the development. The proposed construction includes large diameter pipes (District Facilities) which will be owned and maintained by the District and which will outlet to existing District fac ilities (Pyrite Channel – Stage 6 ). The Developer and the District will construct all of the necessary facilities. The City will own and maintain the catch basins, connector pipes, and inlets located within the City right of way (identified as “APPURTENANCES” in the cooperative agreement). The City is also party to this agreement as plan review and construction inspection will be conducted by City staff.
RETURN TO AGENDA
Page | 2
The District will calendar the agreement for consideration at the Board of Supervisor’s regularly scheduled meeting upon City approval of this agreement. Prior to the start of construction, a surety will be posted with the City for the Developer Facilities and District Facilities for work described in the agreement.
OTHER INFORMATION
The City Attorney has reviewed and approved the Agreements as to form.
Previous Actions:
July 15, 2021 - Jurupa Valley City Council adopted Resolution No. 2021-56 approving MA 20035
FINANCIAL IMPACT
Plan review and inspection fees will be deposited with the City prior to construction of the facilities. The City will be responsible for the maintenance of the catch basins, connector pipes and inlets within the public right of way. There is no financial impact anticipated other than routine cleaning of catch basins and pipes accepted into the City system as part of subdivision improvements. As the project velocities in the pipes are excessive, the catch basin inlet and pipe maintenance annual costs are minimal.
ALTERNATIVES
1. Take no action.
2. Provide alternative direction to staff.
************************** SIGNATURES ON FOLLOWING PAGE **************************
240107
- 1 -
COOPERATIVE AGREEMENT
Pyrite Channel - Stage 6
Project No. 1-0-00110-6
Parcel Map No. 37890
This Cooperative Agreement ("Agreement"), dated as of ___________________, is entered into by and between , the Riverside County Flood Control and Water Conservation District, a body politic, ("DISTRICT"), the city of Jurupa Valley, a municipal corporation of the State of California ("CITY"), and PYRITE INVESTMENTS, LLC, a California limited liability company ("DEVELOPER"). DISTRICT, CITY, and DEVELOPER individually referred to herein as "Party" and collectively referred to herein as "Parties". The Parties hereto hereby agree as follows:
RECITALS
A. DEVELOPER is the legal owner of record of certain real property located within the city of Jurupa Valley ("DEVELOPER PROPERTY"). DEVELOPER has submitted for approval Parcel Map No. 37890 located in the city of Jurupa Valley. Pursuant to the conditions of approval for Parcel Map No. 37890 , DEVELOPER must construct cer tain flood control facilities in order to provide flood protection and drainage for DEVELOPER 's planned development; and
B. DISTRICT is the legal owner of record of certain real property located in the city of Jurupa Valley, within a portion of Parcel Map No. 37890, as identified in Table 1 attached hereto and made part hereof ("DISTRICT PROPERTY"). District owns, operates, and maintains an existing channel as shown on District Drawing No. 1-0292 ("EXISTING CHANNEL") within DISTRICT PROPERTY; and
C. The legal description of Parcel Map No. 37890 is provided in Exhibit "A" attached hereto and made a part hereof; and
240107
- 2 -
D. The required flood control facilities and drainage improvements, as shown on DISTRICTꞌs Drawing No. 1-0748 include the construction of:
i. Approximately 1,157 lineal feet of underground reinforced concrete box within the alignment of the existing open channel as shown on plans as LINE B, and its associated transition and junction structure and as shown in concept in "blue" in Exhibit "B", attached hereto and made a part hereof, are hereinafter called "PYRITE CHANNEL - STAGE 6". At the upstream terminus, PYRITE CHANNEL - STAGE 6 will convey flows to the existing DISTRICT maintained Pyrite Channel , Stage 2 as shown on District Drawing No. 1-0186; and
ii. All safety devices requested by DISTRICT staff during the course of project construction and during any final field inspections, including but not limited to concrete pads, slope protection barriers, signage and fencing ("SAFETY DEVICES "). SAFETY DEVICES shall be purchased and installed by DEVELOPER 's contractor , and subject to DISTRICT 's inspection and approval.
E. Together, PYRITE CHANNEL - STAGE 6 and SAFETY DEVICES, are hereinafter called "DISTRICT FACILITIES"; and
F. Associated with the construction of DISTRICT FACILITIES includes the construction of certain inlets, junction structures, curbs and gutters, manholes, catch basins, and various lateral storm drains within CITY right of way that are thirty-six inches (36") of less in diameter, hereinafter called "CITY's FACILITIES".
G. Associated with the construction of DIST RICT FACILITIES and CITY's FACILITIES includes the construction of certain inlets, junction structures, curbs and gutters, 240107
- 3 -
manholes, catch basins, and various lateral storm drains within DEVELOPER right of way that are thirty-six inches (36") of less in diameter, hereinafter called "DEVELOPER FACILITIES".
DEVELOPER FACILITIES shall be subsequently owned and maintained by the property owner(s) of Parcel Map No 37890.
H. Together, DISTRICT FACILITIES and CITY's FACILITIES are hereinafter called "PROJECT"; and
I. DEVELOPER and CITY desire DISTRICT to accept ownership and responsibility for the operation and maintenance of DISTRICT FACILITIES . Therefore, DISTRICT must review and approve DEVELOPER's plans and specifications for PROJECT and subsequently inspect the construction of DISTRICT FACILITIES; and J. DEVELOPER desires to purchase the fee interest to portions of DISTRICT PROPERTY pursuant to a separate legal instrument ( "GRANT DEED AND RESERVATI ON OF EASEMENT AGREEMENT ") identified as all of DISTRICT Parcel No. 1110 -7 described and depicted on the legal and plat attached hereto as Exhibit "E" and made a part hereof for the purpose of converting the existing open channel to an underground facility. DISTRICT desires to sell the fee interest in DISTRICT PROPERTY pursuant to GRANT DEED AND RESERVATION OF EASEMENT AGREEMENT , and reserve certain easement rights, including access, which is required for the continued operation and maintenance DISTRICT FACILITIES; and
K. DEVELOPER and DISTRICT desire CITY to accept ownership and responsibility for the operation and maintenance of CITY FACILITIES. Therefore, CITY must review and approve DEVELOPER 's plans and specifications for PROJECT and subsequently inspect and approve the construction of CITY FACILITIES; and 240107
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L. DISTRICT is willing to (i) review and approve DEVELOPER's plans and specifications for PROJECT, (ii) inspect the construction of DISTRICT F ACILITIES, and (iii) accept ownership and responsibility for the operation and maintenance of DISTRICT FACILITIES provided DEVELOPER (a) complies with this Agreement, (b) constructs PROJECT in accordance with DISTRICT and CITY approved plans and specificat ions, (c) obtains and conveys to DISTRICT and CITY the necessary rights of way for the inspection, operation and maintenance of DISTRICT FACILITIES and CITY FACILITIES, and (d) accepts ownership and responsibility for the operation and maintenance of PROJECT following completion of PROJECT construction until such time as DISTRICT accepts ownership and responsibility for the operation and maintenance of DISTRICT FACILITIES as set forth herein; and M. CITY is willing to (i) review and approve DEVELOPER 's plans a nd specifications for PROJECT, (ii) inspect the construction of PROJECT, (iii) accept and hold faithful performance and payment bonds submitted by DEVELOPER on behalf of DISTRICT for DISTRICT FACILITIES , (iv) grant DISTRICT the right to inspect, operate an d maintain DISTRICT FACILITIES within CITY rights of way, and (v) accept ownership and responsibility for the operation and maintenance of CITY FACILITIES, provided PROJECT is constructed in accordance with plans and specifications approved by DISTRICT and CITY.
NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the Parties hereto mutually agree that the above recitals are true and correct and incorporated into the terms of this Agreement and as follows:
SECTION I
DEVELOPER shall:
1. Pursuant to the GRANT DEED AND RESERVATION OF EASEMENT AGREEMENT, accept the fee interest to the portions of DISTRICT PROPERTY described 240107
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therein. Construction shall not begin on any element of PROJECT, for any reason whatsoever, until DEVELOPER has accept ed the fee interest to the portions of DISTRICT PROPERTY as described herein.
2. Prepare PROJECT plans and specifications , hereinafter called "IMPROVEMENT PLANS", in accordance with applicable DISTRICT and CITY standards, and submit to DISTRICT and CITY for their respective review and approval.
3. Continue to pay DISTRICT, within thirty (30) days after receipt of periodic billings from DISTRICT, any and all such amounts as are deemed reasonably necessary by DISTRICT to cover DIS TRICT's costs associated with i) the review of IMPROVEMENT PLANS, ii) the review and approval of rights of way and conveyance documents, and iii) the processing and administration of this Agreement. Additionally, DEVELOPER shall pay CITY, within thirty (30) days after receipt of periodic billings from CITY, any and all such amounts as are deemed reasonably necessary by CITY to cover CITY's costs associated with i) the review of IMPROVEMENT PLANS, ii) the review and approval of right of way and conveyance documents, and iii) the processing and administration of this Agreement.
4. Deposit with DISTRICT (Attention: Business Office – Accounts Receivable), and notify Contract Services Section , at the time of providing written notice to DISTRICT of intent to start PROJECT construction as set forth in Section I.17., the estimated cost of providing construction inspection for DISTRICT FACILITIES, in an amount as determined and approved by DISTRICT in accordance with Ordinance Nos. 671 and 749 of the County of Riverside, including any amendments thereto, based upon the bonded value of DISTRICT FACILITIES.
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5. Grant DISTRICT and CITY, by execution of this Agreement, the right to enter upon DEVELOPER's property where necessary and convenient for the purpose of gaining access to and performing inspection services for the construction of PROJECT as set forth herein.
6. For portions outside of DISTRICT PROPERTY, secure, at its sole cost and expense, all necessary licenses, agreements, permits, approvals, rights of way, rights of entry and temporary construction easements as may be needed for the construction, inspection, operation and maintenance of PROJECT.
7. Furnish DISTRICT and C ITY, at the time of providing written notice to DISTRICT of intent to start PROJECT construction as set forth in Section I.17., or not less than twenty (20) days prior to recordation of the final map for Parcel Map No. 37890 or any phase thereof, whichever occurs first, with sufficient evidence of DEVELOPER having secured such necessary licenses, agreements, permits , approvals, rights of way, rights of entry and temporary construction easements, as determined and approved by DISTRICT and CITY.
8. Prior to commencing construction, furnish DISTRICT (Attention: Plan Check Section) and CITY with copies of all permits, approvals or agreements required by any federal, state or local resource and/or regulatory agency for the construction, operation and maintenance of PROJECT. Such documents include , but are not limited to , those issued by the U.S. Army Corps of Engineers, California Regional Water Quality Control Board, California State Department of Fish and Wildlife, State Water Resources Control Board and Western Riverside County Regional Conservation Authority ("REGULATORY PERMITS").
9. Provide CITY, upon execution of this Agreement, or not less than twenty (20) days prior to recordation of the final map for Parcel Map No. 37890 as set forth in Section I.7., or any phase thereof, whichever occurs first, with faithful performance and payment bonds in accordance with CITY's municipal code for the estimated cost for construction of DISTRICT 240107
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FACILITIES as determined by DISTRICT and of CITY FACILITIES as determined by CITY.
The surety, amount and form of the bonds, shall be subject to approval of DISTRICT (Attention:
Contract Services Section) and CITY, respectively. The bonds shall remain in full force and effect until DISTRICT FACILITIES are accepted by DISTRICT and CITY as complete. Both bonds shall be subscribed by an Admitted Surety Insurer, which is authorized to transact surety insurance business in the State of California with a policy holder 's rating of A or higher and a Financial Class of VII or larger. Should any bond or surety become insufficient, DEVELOPER shall furnish a new bond within ten (10) days after receiving notice from CITY.
10. Obtain and provide DISTRICT (Attention: Real Estate Services Section), upon DISTRICT approval of IMPROVEMENT PLANS, with duly executed Irrevocable Offers(s) of Dedication to the public for flood control and drainage purposes, including ingress and egress, for the rights of way deemed necessary by DISTRICT for the construction, inspection, operation and maintenance of DISTRICT FACILITIES. The Irrevocable Offer(s) of Dedication shall be in a form approved by DISTRICT and shall be executed by all legal and equitable owners of the property described in the offer(s).
11. Furnish DISTRICT (Attenti on: Real Estate Services Section), when submitting the Irrevocable Offer(s) of Dedication as set forth in Section I.1 0., with Preliminary Reports on Title dated not more than thirty (30) days prior to date of submission of all the property described in the Irrevocable Offer(s) of Dedication.
12. DEVELOPER shall not commence operations until DISTRICT (Attention:
Contract Services Section) and CITY have been furnished with original certificate(s) of insurance and original certified copies of endorsements and if requested, certified original policies of insurance including all endorsements and any and all other attachments. Upon approval of IMPROVEMENT PLANS, an original certificate of insurance evidencing the required insurance 240107
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coverage shall be provided to DISTRICT. At minimum, the procured insurance coverages should adhere to DISTRICTꞌs required insurance provided in Exhibit "C", attached hereto and made a part hereof. Failure to maintain the insurance required by this paragraph shall be deemed a material breach of this Agreement and shall authorize and constitute authority for DISTRICT, at its sole discretion, to provide written notice to DEVELOPER that DISTRICT is unable to perform its obligations hereunder, nor to accept responsibility for ownership, operation and maintenance of DISTRICT FACILITIES due, either in whole or in part, to said breach of this Agreement.
13. Furnish DISTRICT (Attention: Contract Services Section), upon DISTRICT's approval of IMPROVEMENT PLANS, with a complete list of all contractors and subcontractors to be performing work on PROJECT, including the corresponding license number and license classification of each. At such time, DEVELOPER shall further identify in writing its designated superintendent for PROJECT construction.
14. Furnish DISTRICT (Attention: Contract Services Se ction), upon DISTRICT's approval of IMPROVEMENT PLANS, with a construction schedule which shall show the order and dates in which DEVELOPER or DEVELOPER's contractor proposes to carry out the various parts of work, including estimated start and completion dates. As construction of PROJECT progresses, DEVELOPER shall update said construction schedule as requested by DISTRICT.
15. Furnish DISTRICT (Attention: Contract Services Section), upon DISTRICT's approval of IMPROVEMENT PLANS, with a confined space entry p rocedure specific to PROJECT. The procedure shall comply with requirements contained in California Code of Regulations, Title 8, Section 5158, Other Confined Space Operations, Section 5157, Permit Required Confined Space and District Confined Space Proced ures, SOM -18. The procedure shall be reviewed and approved by DISTRICT prior to the issuance of a Notice to 240107
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Proceed, which shall be given by DISTRICT to DEVELOPER upon DISTRICT 's and CITY 's approval.
16. Furnish DISTRICT (Attention: Plan Check Section) and CITY each with a set of final mylar plans PROJECT plans and assign their ownership to DISTRICT and CITY respectively prior to the start on any portion of PROJECT construction.
17. Notify DISTRICT in writing (Attention: Construction Management Section) after receiving DISTRICT's plan check, administrative, and rights of way clearance for PROJECT construction, with twenty (20) days written notice of intent to start of construction of PROJECT, and include PROJECT 's Geotechnical Firm, Concrete Lab/Test Firm, D -Load test forms, Trench Shoring/False Work Calculations, Concrete Mix designs for DISTRICT 's review and approval. Construction shall not begin on any element of PROJECT, for any reason whatsoever, until DISTRICT and CITY have issued to DEVELOPER a written Notice to Proceed authorizing DEVELOPER to commence construction of PROJECT.
18. Not permit any change to or modification of DISTRICT and CITY approved IMPROVEMENT PLANS without the prior written permission and consent of DISTRICT and CITY.
19. Comply with all Cal/OSHA safety regulations including, but not limited to, regulations concerning confined space and maintain a safe working environment for DEVELOPER, DISTRICT and CITY employees on the site.
20. Construct or cause to be co nstructed, PROJECT at DEVELOPER 's sole cost and expense, in accordance with DISTRICT and CITY approved IMPROVEMENT PLANS.
21. Within two (2) weeks of completing PROJECT construction, provide DISTRICT (Attention: Construction Management Section) and CITY with written notice that PROJECT construction is substantially complete and request that DISTRICT conduct a final 240107
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inspection of DISTRICT FACILITIES and CITY conduct a final inspection of CITY FACILITIES.
22. Upon completion of PROJECT construction, and upon acce ptance by CITY of all rights of way deemed necessary by DISTRICT and CITY for the operation and maintenance of PROJECT, but prior to DISTRICT acceptance of DISTRICT FACILITIES for ownership, operation, and maintenance, convey, or cause to be conveyed to CI TY the flood control easement(s) including ingress and egress, in a form approved by DISTRICT, to the rights of way as shown in concept cross -hatched in black on Exhibit "D", attached hereto and made a part hereof. The easement(s) or grant deed(s) shall be in a form approved by both DISTRICT and CITY and shall be executed by all legal and equitable owners of the property described in the easement(s) or grant deed(s).
23. At the time of recordation of the conveyance document(s) as set forth in Section I.22., furnish DISTRICT with policies of title insurance, each in the amount of not less than (i) fifty percent (50%) of the estimated fee value as determined by DISTRICT for each easement parcel to be conveyed to DISTRICT; or (ii) one hundred percent (100%) of the estimated value as determined by DISTRICT for each fee parcel to be conveyed to DISTRICT, guaranteeing DISTRICT's interest in said property as being free and clear of all liens, encumbrances, assessments, easements, taxes and leases (recorded or unrecorded), except those which in the sole discretion of DISTRICT are acceptable.
24. Accept ownership, sole responsibility and all liability whatsoever for the operation and maintenance of DEVELOPER FACILITIES. Additionally, DEVELOPER shall accept ownership , sole responsibility and all liability whatsoever for the operation and maintenance of DISTRICT FACILITIES and CITY FACILITIES until such time as (i) DISTRICT accepts ownership and responsibility for operatio n and maintenance of DISTRICT 240107
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FACILITIES, and (ii) CITY accepts ownership and responsibility for operation and maintenance of CITY FACILITIES.
25. Upon completion of PROJECT construction but prior to DISTRICT acceptance of DISTRICT FACILITIES for ownership, operation and maintenance, provide or cause its civil engineer of record or construction civil engineer of record, duly registered in the State of California, to provide DISTRICT (Attention: Construction Management Section) , with (i) soil compaction report(s) – stamped and wet signed by the geotechnical engineer, (ii) concrete testing report(s) – stamped and wet signed by the civil engineer of record , and (iii) a redlined "record drawings" copy of PROJECT plans. After DISTRICT approval of the redlined "record drawings", DEVELOPER's engineer shall schedule with DISTRICT a time to transfer the redlined changes onto DISTRICT's original mylars at DISTRICT's office; after which, the engineer shall review, stamp and sign the original DISTRICT FACILITIES engineeri ng plans "record drawings".
26. Ensure that all work performed pursuant to this Agreement by DEVELOPER, its agents or contractors is done in accordance with all applicable laws and regulations including, but not limited to, all applicable provisions of the Lab or Code, Business and Professions Code and Water Code. DEVELOPER shall be solely responsible for all costs associated with compliance with applicable laws and regulations.
27. Pay, if suit is brought upon this Agreement or any bond guaranteeing the completion of PROJECT, all costs and reasonable expenses and fees, including reasonable attorneys' fees, and acknowledge that, upon entry of judgment, all such costs, expenses and fees shall be computed as costs and included in any judgment rendered.
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SECTION II
DISTRICT shall:
1. Review IMPROVEMENT PLANS and approve when DISTRICT has determined that such plans meet DISTRICT standards and are found acceptable to DISTRICT prior to the start of PROJECT construction.
2. Provide CITY an opportunity to review and approve IMP ROVEMENT PLANS prior to DISTRICT's final approval.
3. Upon execution of this Agreement, record or cause to be recorded a copy of this Agreement in the Official Records of the Riverside County Recorder.
4. Record or cause to be recorded, the Irrevocable Offer(s) of Dedication provided by DEVELOPER pursuant to Section I.10.
5. Grant DEVELOPER the right to construct within DISTRICT PROPERTY upon the issuance of the Notice to Proceed to commence construction of PROJECT by DISTRICT and CITY as set forth in Section I.17.
6. Grant CITY, by execution of this Agreement, the right to inspect PROJECT within DISTRICT PROPERTY.
7. Inspect construction of DISTRICT FACILITIES.
8. Keep an accurate accounting of all DISTRICT costs associated with the review and approval of IMPROVEMENT PLANS, the review and approval of right of way and conveyance documents, and the processing and administration of this Agreement.
9. Keep an accurate accounting of all DISTRICT construction inspection costs and within forty-five (45) days after DISTRICT acceptance of DISTRICT FACILITIES as being complete, submit a final cost statement to DEVELOPER. If the deposit as set forth in 240107
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Section I.4. exceeds such costs, DISTRICT shall reimburse DEVELOPER the excess amount within sixty (60) days after DISTRICT acceptance of DISTRICT FACILITIES as being complete.
10. Provide DISTRICT with a reproducible duplicate copy of "record drawings" of DISTRICT FACILITIES plans upon (i) DISTRICT acceptance of PROJECT construction as being complete, and (ii) DISTRICT receipt of stamped and signed "record drawing" of DISTRICT FACILITIES plans as set forth in Section I.25.
11. Prior to DISTRICT acceptance of ownership and responsibility for the operation and maintenan ce of DISTRICT FACILITIES, DISTRICT FACILITIES shall be in a satisfactorily maintained condition as solely determined by DISTRICT. If, subsequent to the inspection and, in the sole discretion of DISTRICT, DISTRICT FACILITIES is not in an acceptable condition, corrections shall be made at sole expense of DEVELOPER.
12. Accept ownership and sole responsibility for the operation and maintenance of DISTRICT FACILITIES upon (i) DISTRICT inspection of DISTRICT FACILITIES in accordance with Section I. 21., (ii) DISTRI CT acceptance of PROJECT construction as being complete; (iii) DISTRICT receipt of stamped and signed "record drawings" of PROJECT plans as set forth in Section I.2 5., (iv) recordation of all conveyance documents described in Section I. 23., (v) DISTRICT FACILITIES are fully functioning as a flood control drainage system as solely determined by DISTRICT, and (vii) DISTRICT's sole determination that DISTRICT FACILITIES are in a satisfactorily maintained condition.
13. Provide CITY with a reproducible duplicate copy of "record drawings" of constructed DISTRICT FACILITIES along with a written notice that PROJECT is complete and requesting C ITY to release bonds held for DISTRICT FACILITIES upon (i) DISTRICT acceptance of PROJECT construction as being complete, and (ii) DISTRICT receipt of stamped and signed "record drawing" of DISTRICT FACILITIES plans as set forth in Section I.25. 240107
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SECTION III
CITY shall:
1. Review IMPROVEMENT PLANS and approve when CITY has
determined that such plans meet CITY standards and are found acceptable to CITY prior to the start of PROJECT construction.
2. Accept CITY and DISTRICT approved faithful performance and payment bonds submitted by DEVELOPER as set forth in Section I. 9., and hold said bonds as provided herein. CITY shall not release said bonds until DISTRICT provides C ITY with a reproducible duplicate copy of "record drawings" and written notification as set forth in Section II.13
3. Inspect PROJECT construction.
4. Consent, by execution of this Agreement, to the recording of any Irrevocable Offer(s) of Dedication furnished by DEVELOPER pursuant to this Agreement.
5. As requested by DISTRICT, accept the Irrevocable Offer(s) of Dedication as set forth herein and any other outstanding offers of de dication necessary for the construction, inspection, operation and maintenance of DISTRICT FACILITIES , and convey sufficient rights of way to DISTRICT to allow DISTRICT to construct, inspect, operate and maintain DISTRICT FACILITIES.
6. Grant DISTRICT, by exe cution of this Agreement, the right to construct, inspect, operate and maintain DISTRICT FACILITIES within CITY rights of way.
7. Upon completion of PROJECT construction, but prior to DISTRICT acceptance of DISTRICT FACILITIES for ownership, operation and mai ntenance, convey or cause to be conveyed to DISTRICT the flood control easement(s) including ingress and egress, to the rights of way as shown on Exhibit "D".
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8. Accept ownership and sole responsibility for the operation and maintenance of CITY'S FACILITIES upon DISTRICT acceptance of DISTRICT FACILITIES for ownership, operation and maintenance.
9. Upon DISTRICT and CITY acceptance of PROJECT construction as being complete, accept sole responsibility for the adjustment of all PROJECT manhole rings and covers located within CITY rights of way which must be performed at such time(s) that the finished grade along and above the underground portions of DISTRICT FACILITIES a re improved, repaired, replaced or changed. It being further understood and agreed that any such adjustments shall be performed at no cost to DISTRICT.
SECTION IV
It is further mutually agreed:
1. All construction work involved with PROJECT shall be inspect ed by DEVELOPER, DISTRICT and CITY but shall not be deemed complete until DISTRICT and CITY mutually agree in writing that construction is completed in accordance with DISTRICT and CITY approved IMPROVEMENT PLANS.
2. CITY and DEVELOPER personnel may observe and inspect all work being done on DISTRICT FACILITIES but shall provide any comments to DISTRICT personnel who shall be solely responsible for all quality control communications with DEVELOPER 's contractor(s) during the construction of PROJECT.
3. DEVELOPER shall com mence construction of PROJECT within twelve (12) consecutive months after execution of this Agreement. It is expressly understood that since time is of the essence in this Agreement, failure of DEVELOPER to perform the work within the agreed upon time shall constitute authority for DISTRICT to perform the remaining work and require DEVELOPER's surety to pay to CITY the penal sum of any and all bonds. In which case, 240107
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CITY shall subsequently reimburse DISTRICT for DISTRICT costs incurred , in an amount not to exceed the penal sum of any and all bonds received by CITY from DEVELOPER's surety.
4. If DEVELOPER fails to commence construction of PROJECT within nine (9) months after execution of this Agreement, then DISTRICT reserves the right to withh old issuance of the Notice to Proceed pending a review of the existing site conditions as they exist at the time DEVELOPER provides written notification to DISTRICT of the start of construction as set forth in Section I. 17. In the event of a change in the existing site conditions that materially affects PROJECT function or DISTRICT 's ability to operate and maintain DISTRICT FACILITIES, DISTRICT may require DEVELOPER to modify IMPROVEMENT PLANS as deemed necessary by DISTRICT.
5. DISTRICT shall endeavor to iss ue DEVELOPER a Notice to Proceed within twenty (20) days of receipt of DEVELOPER's complete written notice of intent to start of construction of PROJECT as set forth in Section I. 17.; however, DISTRICT 's construction inspection staff is limited and, theref ore, the issuance of a Notice to Proceed is subject to staff availability.
6. In the event DEVELOPER wishes to expedite issuance of a Notice to Proceed, DEVELOPER may elect to furnish an independent qualified construction inspector at DEVELOPER's sole cost an d expense. DEVELOPER shall furnish appropriate documentation of the individual 's credentials and experience to DISTRICT for review and, if appropriate, approval. DISTRICT shall review the individual 's qualifications and experience, and upon approval thereof, said individual, hereinafter called "DEPUTY INSPECTOR", shall be authorized to act on DISTRICT 's behalf on all DISTRICT FACILITIES construction and quality control matters. If DEVELOPER's initial construction inspection deposit furnished pursuant to Section I.4. exceeds Ten Thousand Dollars ($10,000), DISTRICT shall refund to DEVELOPER up to 240107
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eighty percent (80%) of DEVELOPER 's initial inspection deposit within forty -five (45) days of DISTRICT's approval of DEPUTY INSPECTOR; however, a minimum balance of Ten Thousand Dollars ($10,000) shall be retained on account.
7. PROJECT construction work shall be on a five (5) day, forty (40) hour work week with no work on Saturdays, Sundays or DISTRICT designated legal holidays, unless otherwise approved in writing by DISTRICT and CITY. If DEVELOPER feels it is necessary to work more than the normal forty (40) hour work week or on holidays, DEVELOPER shall make a written request for permission from DISTRICT and CITY to work the additional hours. The request shall be submitted to DISTRICT and CITY at least seventy -two (72) hours prior to the requested additional work hours and state the reasons for the overtime and the specific time frames required. The decision of granting permission for overtime work shall be made by DISTRICT and CITY at their sole discretion and shall be final. If permission is granted by DISTRICT and CITY, DEVELOPER will be charged the cost incurred at the overtime rates for additional inspection time required in connection with the overtime work in accordance with Ordinance Nos. 671 and 749, including any amendments thereto, of the County of Riverside.
8. DEVELOPER shall indemnify and hold harmless DISTRICT, the County of Riverside, CITY its A gencies, 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 Indemnitees) from any liability whatsoever, based or asserted upon any services of DEVELOPER, its officers, employees, subcontractors, 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 DEVELOPER, its officers, employees, subcontractors, agents or representatives Indemnitors from this Agreement. 240107
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DEVELOPER 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 Indemnitees in any claim or action based upon such alleged acts or omissions.
9. With respect to any action or claim subject to indemnification herein by DEVELOPER, DEVELOPER shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, compromise any such claim without the prior consent of DISTRICT, the County of Riverside or CITY; provided, however, that any such adj ustment, settlement or compromise in no manner whatsoever limits or circumscribes DEVELOPER 's indemnification obligations to Indemnitees as set forth herein; and, provided further, no settlement on behalf of CITY that would impose construction, maintenance or other obligations on CITY beyond those described in this Agreement shall be effective unless, and until, the settlement agreement is agreed to in writing by the City Manager on behalf of CITY.
10. DEVELOPER's obligation hereunder shall be satisfied when DEVELOPER has provided to DISTRICT, the County of Riverside and CITY the appropriate form of dismissal relieving DISTRICT, the County of Riverside or CITY from any liability for the action or claim involved.
11. The specified insurance limits required in this Agreement shall in no way limit or circumscribe DEVELOPER 's obligations to indemnify and hold harmless Indemnitees from third Party claims.
12. In the event there is conflict between this section and California Civil Code Section 2782, this section shall be interpreted to comply with California Civil Code Section 2782.
Such interpretation shall not relieve DEVELOPER from indemnifying Indemnitees to the fullest extent allowed by law.
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13. DEVELOPER for itself, its successors and as signs hereby releases DISTRICT, the County of Riverside and CITY (including their A gencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives) from any and all claims, demands, actions, or suits of any kind arising out of any liability, known or unknown, present or future, including but not limited to any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, for damage caused by the discharge of drainage within or from PROJECT. Nothing contained herein shall constitute a rel ease by DEVELOPER of DISTRICT , County of Riverside , or CITY, their officers, agents and employees from any and all claims, demands, actions or suits of any kind arising out of any liability, known or unknown, pres ent or future, for the negligent maintenance of PROJECT, after the acceptance of PROJECT by CITY.
14. Any waiver by any Party hereto of any breach of any one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or oth er breach of the same or of any other term hereof. Failure on the part of any Party hereto to require exact, full and complete compliance with any terms of this Agreement shall not be construed as in any manner changing the terms hereof or estopping such Party from enforcement hereof.
15. Any and all notices sent or required to be sent to the Parties of this Agreement will be mailed by first class mail, postage prepaid, to the following addresses:
To DISTRICT: RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
1995 Market Street
Riverside, CA 92501
Attn: Contracts Services Section
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To CITY: CITY OF JURUPA VALLEY
8930 Limonite Avenue
Jurupa Valley, CA 92509
Attn: Paul Toor
To DEVELOPER: PYRITE INVESTMENTS, LLC.
a CALIFORNIA LIMITED LIABILITY COMPANY
2005 Winston Court
Upland, CA 91784
Attn: Wesley Fifield, President
16. This Agreement is to be construed in accordance with the laws of the State of California. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force and effect without being impaired or invalidated in any way.
17. Any action at law or in equity brought by any of the Parties hereto for the purpose of enforcing a right or rights provided for by the 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.
18. This Agreement is the result of negotiations between the Parties hereto, and the advice and assistance of their respective counsel. The fact that this Agreement was prepared as a matter of convenience by DISTRICT shall have no import ance or significance. Any uncertainty or ambiguity in this Agreement shall no t be construed against DISTRICT because DISTRICT prepared this Agreement in its final form.
19. The rights and obligations of DEVELOPER shall inure to and be binding upon all heirs, successors and assignees.
20. In the event DEVELOPER sells Parcel Map No. 37890, DEVELOPER shall notify DISTRICT and CITY of any such transfer or assignment in writing no later than 30 days from the date of the sale. DEVELOPER expressly understands and agrees that it shall remain 240107
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liable with respect to any and all of the obligations and duties in this Agreement until DISTRICT, CITY, DEVELOPER and the new owner(s) of Parcel Map No. 37890 fully execute an assignment and assumption agreement that transfers all DEVELOPER 's rights, duties or obligations hereunder to the new owner(s) of Parcel Map No. 37890.
21. The individual(s) executing this Agreement on behalf of DEVELOPER certify that they have the authority within their respective company(ies) to enter into and execute this Agreement, and have been authorized to do so by all boards of directors, legal counsel, and/or any other board, committee or other entity within their respective company(ies) which have the authority to authorize or deny entering into this Agreement.
22. This Agreement is intended by the Parties hereto as a final express ion 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 and understandings, oral or written, in connection therewith. This Agreement may be changed or modified only upon the written consent of the Parties hereto.
23. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.
//
//
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on
.
(to be filled in by Clerk of the Board)
RECOMMENDED FOR APPROVAL:
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
By
JASON E. UHLEY
General Manager-Chief Engineer
By
JEFF HEWITT, Chairman
Riverside County Flood Control and Water
Conservation District Board of Supervisors
APPROVED AS TO FORM:
ATTEST:
GREGORY P. PRIAMOS
County Counsel
KECIA HARPER
Clerk of the Board
By
SHELLIE CLACK
Chief Deputy County Counsel
By
Deputy
(SEAL)
[Signed in Counterpart]
Cooperative Agreement:
Pyrite Channel - Stage 6
Project No. 1-0-00110-6
Parcel Map No. 37890
AK:blm
09/13/21
240107
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RECOMMENDED FOR APPROVAL: CITY OF JURUPA VALLEY
By
ROD BUTLER
City Manager
By
LORENA BARAJAS
Mayor
APPROVED AS TO FORM:
ATTEST:
By
PETER M. THORSON
City Attorney
By
VICTORIA WASKO
City Clerk
(SEAL)
Cooperative Agreement:
Pyrite Channel - Stage 6
Project No. 1-0-00110-6
Parcel Map No. 37890
AK:blm
09/13/21
240107
PYRITE INVESTMENTS, LLC.
a California limited liability company
By
FIFIELD
(ATTACH NOTARY WITH CAPACITY
STATEMENT)
WE
Cooperative Agreement:
Pyrite Channel - Stage 6
Project No. 1-0-001 10'6
Parcel Map No. 37890
AK:blm
09/13l2l
-24 -
CALIFORNIA ALL. PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of
on T\eoar,,krn- r+rr,or before me,
personally appeared tl2sLey L4 FrFtt
who proved to me on the basis of satisfactory evidence to be the person(slwhose name(s) is/a+e.subscribed to the within instrument and acknowledged to me that he/e#they executed the same in his/lce#tlreir authorized capacity(ies), and that by his/hedtheir signature(sfon the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESand and official seal
S, ESCOBEDO
coMM. #2234204
Notary Public - California
SAN BERNAROINO COUNTY
MY Comm. Mat. '15,2022
Signature(Notary Public Seal)
)
)
S€s a-o
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
C-a opeu+n re AkWnenl
(Title or descfiption of aftached
(Title or description of attached document continued)
Number of Pages
-
Document oate l)'J)')0V
20 1 5 Version www.NotaryClasses,com 800-873-9865
INSTRUCTIONS FOR COMPLETING THIS FORM
Thisform complies with cutent Californid statutes regarding notary wording and, f needed, should be completed and attached to the document. Acknowledgments from other states may be completedfor documents being sent to that state so long as the wording does not require the CaliJornia notary to violdte Califurnia notary Iaw.
o State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. o Date ofnotarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. . The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). o Print the name(s) of document signer(s) who personally appear at the time of notarization.
o Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. heAhe/they; is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. . The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. o Signature of the notary public must match the signature on file with the office of the county clerk.
.t Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. * Indicate title or type ofattached document, number ofpages and date. * Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). . Securely attach this document to the signed document with a staple.
CAPACITY CLAIMED BY THE SIGNER
tr lndividual (s)
tr Corporate Officer
(Title)
Partne(s)
Attorney-in-Fact
Trustee(s)
Other
TABLE 1
Assessor Parcel Number (APN)
DISTRICT's Parcel Number
171020002
1110-7
Order No. 140-2034410-20