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REGULAR MEETING AGENDA
OF THE JURUPA VALLEY CITY COUNCIL
Thursday, October 5, 2023
Closed Session: 6:00 p.m.
Regular Meeting: 7:00 p.m.
City Council Chamber
8930 Limonite Avenue, Jurupa Valley, CA 92509
1. 6:00 PM - CALL TO ORDER AND ROLL CALL FOR CLOSED SESSION:
● Chris Barajas, Mayor
● Guillermo Silva, Mayor Pro Tem
● Leslie Altamirano, Council Member
● Brian Berkson, Council Member
● Armando Carmona, Council Member
2. CONVENE TO CLOSED SESSION
A. PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS
B. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION. The City Council will meet in closed session with the City Attorney and Special Counsel pursuant to Government Code Section 54956.9(d)(1) with respect to two matters of pending litigation: 1) City of Jurupa Valley v. Juan Carmelo Nunez Salazar, et al.
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 of 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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(Riverside Superior Court Case No. RIC2002036); and 2) City of Jurupa Valley v.
Juan Carmelo Nunez, et al. (Riverside Superior Court Case No. CVRI2202444).
3. RECONVENE IN OPEN SESSION
A. ANNOUNCEMENT OF ANY REPORTABLE ACTIONS IN CLOSED
SESSION
4. 7:00 PM - CALL TO ORDER AND ROLL CALL FOR REGULAR MEETING ● Chris Barajas, Mayor
● Guillermo Silva, Mayor Pro Tem
● Leslie Altamirano, Council Member
● Brian Berkson, Council Member
● Armando Carmona, Council Member
5. INVOCATION
6. PLEDGE OF ALLEGIANCE
7. APPROVAL OF AGENDA
8. PRESENTATIONS
A. RIVERSIDE COUNTY DEPARTMENT OF ANIMAL SERVICES -
INTRODUCTION OF “PET OF THE MONTH”
9. PUBLIC APPEARANCE/COMMENTS
10. INTRODUCTIONS, ACKNOWLEDGEMENTS, COUNCIL COMMENTS AND
ANNOUNCEMENTS
11. CITY COUNCIL MEMBER ORAL/WRITTEN REPORTS REGARDING
REGIONAL BOARDS AND COMMISSIONS
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 ad dress for the record. 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 5495 4.2 prohibits the City Council from taking action on a specific item until it appears on an agenda.
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A. MAYOR CHRIS BARAJAS
1. UPDATE ON THE WESTERN RIVERSIDE COUNCIL OF
GOVERNMENTS EXECUTIVE COMMITTEE MEETING OF
OCTOBER 2, 2023
B. MAYOR PRO TEM GUILLERMO SILVA
1. UPDATE ON THE INTERAGENCY COORDINATING COUNCIL
MEETING OF SEPTEMBER 22, 2023
C. COUNCIL MEMBER BRIAN BERKSON
1. UPDATE ON THE METROLINK / SOUTHERN CALIFORNIA
REGIONAL RAIL AUTHORITY MEETING OF SEPTEMBER 22,
2023
2. UPDATE ON THE SOUTHER N CALIFORNIA ASSOCIATION OF
GOVERNMENTS TRANSPOR TATION COMMITTEE MEE TING
OF OCTOBER 5, 2023
12. CITY MANAGER’S UPDATE
13. APPROVAL OF MINUTES
A. SEPTEMBER 21, 2023 REGULAR MEETING
14. CONSENT CALENDAR
A. COUNCIL APPROVAL OF A MOTION TO WAIVE THE READING OF
THE TITLE AND TEXT OF ALL ORDINANCES AND RESOLUTIONS
INCLUDED IN THE AGENDA
Requested Action: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda. In accordance with Government Code Section 34934, the title of each ordinance is included on the published agenda and a copy of the f ull ordinance has been available to the public online on the City’s website and will be available in print at the meeting prior to the introduction or passage of the ordinance.
B. CONSIDERATION OF CHECK REGISTER IN THE AMOUNT OF
$10,272,754.86
Requested Action: That the City Council ratify the check registers dated August 30 and September 7, 13 and 21, 2023 as well as the payroll registers dated August 31 and September 1, and 15, 2023.
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C. AMENDMENT TO AGREEMENT WITH BREA IT SOLUTIONS (A
DIVISION OF THE CITY OF BREA) FOR CONTRACT INFORMATION
TECHNOLOGY SERVICES RECOMMENDATION
Requested Action: That the City Council approve the Second Amendment to the Agreement by and between the City of Jurupa Valley and Brea IT Services (a division of the City of Brea) for the provision of Information Technology Services.
D. INITIATION OF A GENERAL PLAN AMENDMENT (GPA) AND
CHANGE OF ZONE (CZ) FOR 9.6 ACRES LOCATED AT 10045 AND 10051 LIMONITE AVENUE (APNS: 162-220-014, AND -016)
Requested Action: That the City Co uncil initiate a General Plan Amendment (GPA) and Change of Zone (CZ) for 9.6 acres located at 10045 and 10051 Limonite Avenue (APNs: 162-220-014, and -016).
E. AWARD CONSTRUCTION AGREEMENT TO CALMEX ENGINEERING,
INC. FOR 2023-2024 PAVEMENT REHABILITATION (ARPA) PROJECT, CIP NO. 23111
1. Requested Action: That the City Council approve and award a construction agreement to Calmex Engineering, Inc. in the amount of $8,643,891.20 for the 2023-2024 Pavement Rehabilitation (ARPA) Project, CIP No. 23111, for the work included in its bid proposal and authorize the City Manager to execute the Agreement in the form attached hereto; and
2. Authorize the City Manager to execute any subsequent related minor amendments to the Agreement with Calmex Engineering, Inc., up to 10% as contingency to cover the cost of any unforeseen conditions.
F. APPROVAL OF AN AGREEMENT WITH CIVIC SOLUTIONS FOR
CONSULTING SERVICES TO PREPARE A CITYWIDE CORRIDORS
PLAN
Requested Action: That the City Council approve an Agreement for Consulting Services with Civic Solutions for planning services for the Citywide Corridors Plan in an amount not to exceed $657,998 and authorize the City Manager to sign the Agreement on behalf of the City Council.
15. CONSIDERATION OF ANY ITEMS REMOVED FROM THE CONSENT
CALENDAR
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16. PUBLIC HEARINGS
17. COUNCIL BUSINESS
A. INCREASE THE SCOPE OF WORK IN THE JURUPA AREA
RECREATION AND PARK DISTRICT MASTER PLAN TO INCLUDE A
TRAILS MASTER PLAN AND APPROVE ADDITIONAL FUNDING
Requested Action: That the City Council: 1) approve an increase in the scope of work in the Jurupa Area Recreation and Park District Master Plan to include a Trails Master Plan; 2) approve additional funding to Jurupa Area Recreation and Park District in the amount of $95,000 for the Trails Master Plan; and 3) authorize the City Manager to take such further actions as may be needed to implement these approvals.
18. CITY COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS
19. CITY ATTORNEY’S REPORT
20. COUNCIL MEMBER REPORTS AND COMMENTS
21. ADJOURNMENT
Adjourn to the Regular Meeting of October 19, 2023 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 to 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 m ade 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.
AGENDA ITEM NO. 13.A
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MINUTES
OF THE REGULAR MEETING
OF THE JURUPA VALLEY CITY COUNCIL
September 21, 2023
1. 6:00 PM - CALL TO ORDER AND ROLL CALL FOR JOINT STUDY SESSION ● Chris Barajas, Mayor
● Guillermo Silva, Mayor Pro Tem
● Leslie Altamirano, Council Member
● Brian Berkson, Council Member
● Armando Carmona, Council Member
● Laura Shultz, Chair
● Penny Newman, Chair Pro Tem
● Hakan Jackson, Planning Commissioner
● Arleen Pruitt, Planning Commissioner
● Yesenia Villagomez, Planning Commissioner
Mayor Chris Barajas called the Joint Study Session to order at 6:00 p.m. Council Members Leslie Altamirano and Armando Carmona were absent.
Council Member Armando Carmona arrived at 6:03 p.m.
2. JOINT STUDY SESSION:
A. NORTH PYRITE MASTER PLAN
Staff Report presented by Jim Pechous, Principal Planner. Mr. Pechous provided the boundary of the proposed plan and summarized the existing uses which include a Pick Your Part; an unpermitted auto auction; Pyrite quarry; and the Stringfellow remediation site. Mr. Pechous indicated that based on a prior joint study session with the City Council and Planning Commission; there was general support for the concept of a Master Plan, but with additional study and meetings with stakeholders.
He provided an update on the May 9, 2023 Stakeholder meeting, noting that on August 9, 2023, City staff reviewed the list of proposed uses with the stakeholders.
Mr. Pechous outlined the previous Draft North Pyrite Master Plan and the proposed updates. He provided the costs should the Council wish to order a feasibility land use feasibility analysis.
Jeremy Krout, representing EPD Solutions, representing Ecosystem Investment Partners, thanked staff for their work on this issue. Mr. Krout stated that EIP is pleased to see the recommended uses, noting the unique conditions of the site.
RETURN TO AGENDA
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Jim Kozak, representing Ecosystem Investment Partners, thanked staff for all their work on this issue. He appreciates the opportunity to provide input, stating they are encouraged to see manufacturing as an allowed use in the Image Zone.
Timothy Kneen, Pyrite Leasing and Team Truck, thanked City staff for listening to the stakeholders as the process has been helpful. His company intends to be part of the solution and the long -term plan. He questioned the recommended uses for the Industrial Zone area, suggesting that their current use is the best use and for that reason, they are seeking a variance in the short run.
Brian Forgey, representing Riverside Mining, thanked City staff for their cooperative work on this issue. He stated that they have been in discussions with City staff and they are working very hard to change the dynam ics of their relationship with the City. He voiced support of a feasibility study which could help the stakeholders who are seeking short -term discussions to figure out what their options can be for this area.
Further discussion followed.
Following the presentation, the City Council and members of the Planning Commission received and filed the staff presentation and provided input and direction to City staff.
3. 7:00 PM - CALL TO ORDER AND ROLL CALL FOR REGULAR MEETING
● Chris Barajas, Mayor
● Guillermo Silva, Mayor Pro Tem
● Leslie Altamirano, Council Member
● Brian Berkson, Council Member
● Armando Carmona, Council Member
Mayor Chris Barajas called the regular meeting to order at 7:20 p.m. Council Member Leslie Altamirano was absent.
4. INVOCATION was given by Imam Shaw, Islamic Center of Jurupa Valley.
5. PLEDGE OF ALLEGIANCE was led by Joe Perez.
6. APPROVAL OF AGENDA
A motion was made by Mayor Pro Tem Guillermo Silva , seconded by Council Member Armando Carmona, to approve the Agenda.
Ayes: C. Barajas, B. Berkson, A. Carmona, G. Silva
Noes: None
Absent: L. Altamirano
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7. PRESENTATIONS
A. PROCLAMATION RECOGNIZING CALIFORNIA NATIVE
AMERICAN DAY
Due to an unexpected emergency, the in -person presentation was canceled and the proclamation was delivered to Vanessa Brierty, District Director for Assemblymember James Ramos.
B. UPDATE ON JURUPA AREA RECREATION AND PARK DISTRICT
PROJECTS AND PROGRAMS – PRESENTED BY COLBY DIUGUID,
GENERAL MANAGER
Colby Diuguid, General Manager, presented the update.
C. QUARTERLY UPDATE – HEALTHY JURUPA VALLEY
Jesus Manzo, Program Manager with Reach Out, presented the update.
D. QUARTERLY UPDATE – JURUPA VALLEY CHAMBER OF
COMMERCE
Wes Andree, Chamber Board Member, presented the update.
8. PUBLIC APPEARANCE/COMMENTS
Doug Herbert voiced a concern that there is too much traffic in the Pyrite area and he is concerned that a warehouse was approved for the Rubidoux area “that will destroy this area.” He added that this will push the current residents out as they will not support a hotel or fancy restaurants.
An unidentified speaker suggested that the countdown clock be used for quarterly updates as “everyone’s time is valuable.”
9. INTRODUCTIONS, ACKNOWLEDGEMENTS, COUNCIL COMMENTS AND
ANNOUNCEMENTS
Council Member Armando Carmona acknowledged Clasico De Las Americas, a non-profit organization based in Jurupa Valley that organizes charity charreria events to raise money in the fight against cancer. This weekend in collaboration with the Inland Empire Community Foundation, the Inland SoCal Creative Corps, and the California Arts Council they organized a parade to honor and celebrate Mexican Independence Day. He thanked all those who worked behind the scenes who helped coordinate the event, including the Jurupa Recreation and Park District, the Riverside Sheriff’s Department, Deputy Shin and Lieutenant Shulda. He stated that it was a proud moment for him to ride his horse while
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carrying both the American and Mexican flags. He called out the bigotry to those who criticized the parade and the Mexican equestrian culture as it does not reflect the values of the community. He announced that the Glen Avon Library is promoting a campaign against hate which will make California a more safe and inclusive place for all. Free support is available to victims who report hate by visiting the state of California’s website at:
www.cavshate.org
Council Member Brian Berkson asked City staff to contact Mr. Herbert regarding his concerns about Pyrite Street.
10. CITY COUNCIL MEMBER ORAL/WRITTEN REPORTS REGARDING
REGIONAL BOARDS AND COMMISSIONS
A. MAYOR CHRIS BARAJAS
1. Mayor Chris Barajas gave an update on the Western Riverside Council of Governments - Executive Committee meeting of September 11, 2023.
2. Mayor Chris Barajas gave an update on the Western Riverside Council of Governments – Administration & Finance Committee meeting of September 13, 2023.
B. MAYOR PRO TEM GUILLERMO SILVA
1. Mayor Pro Tem Guillermo Silva announced that there was no meeting this month for the Northwest Mosquito and Vector Control District.
C. COUNCIL MEMBER BRIAN BERKSON
1. Council Member Brian Berkson gave an update on the Metrolink / Southern California Regional Rail Authority – Audit and Finance Committee meeting of September 8, 2023.
2. Council Member Brian Berkson gave an update on the Riverside County Transportation Commission meeting of September 13, 2023.
3. Council Member Brian Berkson gave an update on the Northwest Transportation Now Coalition meeting of September 14, 2023.
4. Council Member Brian Berkson announced that the Mobile Source Air Pollution Reduction Review Committee meeting of September 21, 2023 was canceled.
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11. CITY MANAGER’S UPDATE
City Manager Rod Butler announced that there are two State of the City events this year.
The first event will be held Tuesday, September 2 6th at the Skyview Event Center. This event is focused on the business community and will cost $65 per person. The City focused community event will be held Thursday, September 29th at Patriot High School from 6:00 pm to 8:00 pm. Mayor Chris Barajas will be the keynote speaker at both events. Mr. Butler announced that the City received a grant of $2.2 million through the governor’s office to focus on programs that will prevent organized retail theft.
12. APPROVAL OF MINUTES
A. SEPTEMBER 7, 2023 REGULAR MEETING
A motion was made by Council Member Brian Berkson , seconded by Mayor Pro Tem Guillermo Silva , to approve the Minutes of the September 7, 2023 regular meeting.
Ayes: C. Barajas, B. Berkson, A. Carmona, G. Silva
Noes: None
Absent: L. Altamirano
13. CONSENT CALENDAR
A. COUNCIL APPROVAL OF A MOTION TO WAIVE THE READING OF
THE TITLE AND TEXT OF ALL ORDINANCES AND RESOLUTIONS
INCLUDED IN THE AGENDA
Requested Action: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda. In accordance with Government Code Section 34934, the title of each ordinance is included on the published agenda and a copy of the full ordinance has been available to the public online on the City’s website and will be available in print at the meeting prior to the introduction or passage of the ordinance.
B. ADOPTION OF ORDINANCE APPROVING A DEVELOPMENT
AGREEMENT FOR THE DISTRICT AT JURUPA VALLEY PROJECT –
REMOVED FROM THE CONSENT CALENDAR FOR FURTHER
DISCUSSION
Requested Action: That the City Council conduct a second reading and adopt Ordinance No. 2023-14, entitled:
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, APPROVING DEVELOPMENT AGREEMENT NO. 21010
BETWEEN THE CITY OF JURUPA VALLEY AND EM RANCH OWNER,
LLC, FOR THE DISTRICT AT JURUPA VALLEY PROJECT ON AN
APPROXIMATELY 248.3 -ACRE PROJECT SITE GENERALLY
BOUNDED BY SR -60 TO THE NORTH, THE SANTA ANA RIVER TO
THE EAST, 34TH STREET TO THE SOUTH, AND RUBIDOUX
BOULEVARD TO THE WEST
C. REJECTION OF BIDS FOR THE VAN BUREN WIDENING PROJECT
Requested Action: That the City Council reject bids for the Van Buren Widening Project From Limonite Avenue to the Santa Ana River bridge crossing, project #17- B.1, and authorize staff to re-advertise the project.
D. FIFTH AMENDMENT TO THE AGREEMENT FOR P ROFESSIONAL
SERVICES BETWEEN THE CITY OF JURUPA VALLEY AND KIMLEY-
HORN AND ASSOCIATES, INC. FOR THE TRAFFIC SIGNAL
INSTALLATION, AND STREET IMPROVEMENT ON PEDLEY AND
JURUPA PROJECT, CIP PROJECT NO. 16-C.2
Requested Action: That the City Council approve the Fifth Am endment to Professional Consultant Services between the City of Jurupa Valley and Kimley - Horn and Associates, Inc. and authorize the City Manager to execute the Amendment in substantially the form attached to the staff report and in such final form as approved by the City Attorney.
E. REJECTION OF BID FOR THE PUBLIC WORKS SERVICE TRUCK
Recommended Action: That the City Council reject the bid from Transwest Truck Center received in response to the Public Works Service Truck with tipping capabilities Request for Quotes.
F. APPROVE THE PURCHASE OF SIGNAL EQUIPMENT FOR MISSION BOULEVARD AND PYRITE STREET IMPROVEMENTS, CIP #21113
Requested Action: That the City Council approve and award the signal equipment purchase to American Right -of-Way, Inc. in the amount of $105,534.35 as a part of the Mission Boulevard and Pyrite Street Improvement Project, CIP #21113.
G. AWARD CONSTRUCTION A GREEMENT TO ALL AMER ICAN
ASPHALT FOR MISSION BOULEVARD AND PYRITE STREET
IMPROVEMENTS, CIP 21113
1. Requested Action: That the City Council approve and award a construction agreement to All American Asphalt in the amount of $4,326,782 for the
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Mission Boulevard and Pyrite Street Improvement Project, for the work included in its bid proposal and authorize the City Manager to execute the Agreement in the form attached to the staff report; and
2. Authorize the City Manager to execute any subsequent related minor amendments to the Agreement with All American Asphalt, up to 10% as contingency to cover the cost of any unforeseen conditions; and
3. Re-appropriate $2,500 ,000 of American Rescue Plan Act (ARPA) funds from the City’s 2023 -2024 Pavement Rehabilitation (ARPA) Project, CIP No. 23111, to the Project Account.
H. RESIDENTIAL DEVELOPMENT COMMITTEE UPDATE
Requested Action: That the City Council receive and file the 6-month update report on the Residential Development Committee.
I. RESOLUTION OF INTENTION TO ESTABLISH CITY OF JURUPA
VALLEY COMMUNITY FACILITIES DISTRICT NO. 2022 -001
(APPALOOSA SPRINGS) GENERALLY LOCATED WEST OF CLAY
STREET, EAST OF PEDLEY ROAD, AND SOUTH OF LIMONITE
AVENUE, TRACT NO. 37714
Requested Action: That the City Council adopt Resolution No. 2023-79, entitled:
A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE
CITY OF JURUPA VALLEY, CALIFORNIA TO ESTABLISH CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. 2022 -001 (APPALOOSA SPRINGS) AND TO AUTHORIZE THE LEVY OF A
SPECIAL TAX WITHIN CITY OF JURUPA VALLEY COMMUNITY
FACILITIES DISTRICT NO. 2022-001 (APPALOOSA SPRINGS)
J. A RESOLUTION OF INTENTION OF T HE CITY COUNCIL OF THE
CITY OF JURUPA VALLEY TO ESTABLISH CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2022 -002 (PUBLIC
SAFETY, APPALOOSA SPRINGS) AND TO AUTHORIZE THE LEVY OF
A SPECIAL TAX WITHIN CITY OF JURUPA VALLEY COMMUNITY
FACILITIES DI STRICT NO. PS 2022 -002 (PUBLIC SAFETY,
APPALOOSA SPRINGS ); GENERALLY LOCATED WEST OF CLAY
STREET, EAST OF PEDLEY ROAD, AND SOUTH OF LIMONITE
AVENUE, TRACT NO. 37714
Requested Action: That the City Council adopt Resolution No. 2023-80, entitled:
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A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE
CITY OF JURUPA VALLEY TO ESTABLISH CITY OF JURUPA VALLEY COMMUNITY FACILITIES DISTRICT NO. PS 2022 -002 (PUBLIC
SAFETY, APPALOOSA SPRINGS) AND TO AUTHORIZE THE LEVY OF
A SPECIAL TAX WITHIN CITY OF JURUPA VA LLEY COMMUNITY
FACILITIES DISTRICT NO. PS 2022 -002 (PUBLIC SAFETY,
APPALOOSA SPRINGS)
A motion was made by Mayor Pro Tem Guillermo Silva, seconded by Council Member Brian Berkson, to approve the Consent Calendar.
Ayes: C. Barajas, B. Berkson, A. Carmona, G. Silva
Noes: None
Absent: L. Altamirano
14. CONSIDERATION OF ANY ITEMS REMOVED FROM THE CONSENT
CALENDAR
13.B ADOPTION OF ORDINANCE APPROVING A DEVELOPMENT
AGREEMENT FOR THE DISTRICT AT JURUPA VALLEY PROJECT –
REMOVED FROM THE CONSENT CALENDAR FOR FURTHER
DISCUSSION
Council Member Armando Carmona requested that Item 13.B be removed from the Consent Calendar for further discussion. He asked if there was discretion in the development agreement as to whether any modifications could be made. He proposed the following modifications: 1) expand the language on the community rehabilitation program to make it less restrictive and 2) increase the funding for community rehabilitation and transitional supportive housing for the homeless.
Further discussion followed.
A motion was made by Mayor Chris Barajas, seconded by Mayor Pro Tem Guillermo Silva, to conduct a second reading and adopt Ordinance No. 2023- 14, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, APPROVING DEVELOPMENT AGREEMENT NO. 21010
BETWEEN THE CITY OF JURUPA VALLEY AND EM RANCH OWNER,
LLC, FOR THE DISTRICT AT JURUPA VALLEY PROJECT ON AN
APPROXIMATELY 248.3 -ACRE PROJECT SITE GENERALLY
BOUNDED BY SR -60 TO THE NORTH, THE SANTA ANA RIVER TO
THE EAST, 34TH STREET TO THE SOUTH, AND RUBIDOUX
BOULEVARD TO THE WEST
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Ayes: C. Barajas, B. Berkson, A. Carmona, G. Silva
Noes: None
Absent: L. Altamirano
15. PUBLIC HEARINGS
A. PUBLIC HEARING REGARDING SUBMISSION OF THE 2022 -2023
COMMUNITY DEVELOPMENT BLOCK GRANT ( CDBG)
CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION
REPORT
Robert Vasquez, CDBG Consultant, presented the staff report.
Mayor Chris Barajas opened the public hearing.
There being no further comments, the public hearing was closed.
A motion was made by Council Member Brian Berkson, seconded by Mayor Pro Tem Guillermo Silva, to receive and file the 2022 -2023 Consolidated Annual Performance and Evaluation Report (CAPER); and adopt Resolution No. 2023-81, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY ADOPTI NG AND APPROVING THE CONSOLIDATED
ANNUAL PERFORMANCE EVALUATION REPORT (CAPER) AND
AUTHORIZING SUBMISSION OF THE REPORT TO THE UNITED
STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Ayes: C. Barajas, B. Berkson, A. Carmona, G. Silva
Noes: None
Absent: L. Altamirano
16. COUNCIL BUSINESS
A. INCLUSIONARY HOUSING ADMINISTRATIVE GUIDELINES
Angie Hanifan, Housing Administrator Consultant, presented the staff report.
A motion was made by Mayor Pro Tem Guillermo Silva , seconded by Council Member Armando Carmona, to adopt Resolution No. 2023 -82, entitled:
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A RESOLUTION OF THE CITY OF JURUPA VALLEY, ADOPTING
INCLUSIONARY HOUSING ADMINISTRATIVE GUIDELINES AND
MAKING FINDINGS PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
Ayes: C. Barajas, B. Berkson, A. Carmona, G. Silva
Noes: None
Absent: L. Altamirano
B. PROGRESS REPORT ON PERMIT READY ACCESSORY DWELLING
UNIT PLANS
Jim Pechous, Principal Planner, presented the staff report.
Randy Russom, AIA, Director Architecture, RRM Design Group , provided schematic design prototypes and design floor plans.
By consensus, the City Council received and filed the progress report on the development of permit-ready accessory dwelling unit plans
Ayes: C. Barajas, B. Berkson, A. Carmona, G. Silva
Noes: None
Absent: L. Altamirano
C. DISCUSSION O F PERMIT-READY PLANS FOR BARNS, STORAGE
SHEDS, ANIMAL STALLS AND DETACHED PATIO COVERS
Jim Pechous, Principal Planner, presented the staff report.
Further discussion followed regarding a legacy ordinance that would explore how to address City unpermitted structures in a more holistic approach.
Following discussion, Council Member Armando Carmona suggested that City staff do additional research or a survey of residents across the city and within the equestrian overlay zone of how many residents are specifically looking for these types of plans.
Mayor Chris Barajas stated that he was in favor a policy to manage the code compliance process; however, he was not in favor of doing a study for other people’s property using general fund monies.
By consensus, the City Council provided direction regarding the preparation of permit-ready plans for accessory buildings.
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Ayes: C. Barajas, B. Berkson, A. Carmona, G. Silva
Noes: None
Absent: L. Altamirano
17. CITY COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS
Council Member Armando Carmona requested that a study of development standards within the equestrian overlay zone be brought back for further study , such as lot sizes, animal keeping, and placement of ADU’s including examples from other cities who have equestrian overlay zones.
18. CITY ATTORNEY’S REPORT
City Attorney Peter Thorson announced that the closed session items have been rescheduled to the October 5, 2023 Council meeting.
19. COUNCIL MEMBER REPORTS AND COMMENTS
Council Member Guillermo Silva thanked his daughter Natalie for being at tonight’s Council meeting.
20. ADJOURNMENT
There being no further business before the City Council, Mayor Chris Barajas adjourned the meeting at 9:49 p.m.
The next meeting of the Jurupa Valley City Council will be held October 5, 2023 at 7:00 p.m. at the City Council Chamber, 8930 Limonite Avenue, Jurupa Valley, CA 92509.
Respectfully submitted,
____________________________
Victoria Wasko, CMC
City Clerk
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120
STAFF REPORT
DATE: OCTOBER 5, 2023
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 August 30 and September 7, 13 and 21, 2023 as well as the payroll registers dated August 31 and September 1, and 15, 2023.
The City Council of the City of Jurupa Valley authorizes expenditures through the annual budget process. The FY 2023-24 Budget was adopted on June 15, 2023. 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 September 13, 2023 includes a $19,483.93 payment to Chase Card Services. The Statement, with purchase details, is attached herewith.
OTHER INFORMATION
None.
FINANCIAL IMPACT
Check registers:
08/30/2023 $ 7,499,621.81
09/07/2023 $ 882,328.16
09/13/2023 $ 767,695.09
09/21/2023 $ 517,900.45
RETURN TO AGENDA
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120
STAFF REPORT
DATE: OCTOBER 5, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: CONNIE CARDENAS, ADMINISTRATIVE SERVICES DIRECTOR
SUBJECT: AGENDA ITEM NO. 14.C
AMENDMENT TO AGREEMENT WITH BREA IT SOLUTIONS (A
DIVISION OF THE CITY OF BREA) FOR CONTRACT INFORMATION
TECHNOLOGY SERVICES
RECOMMENDATION
1. That the City Council approve the Second Amendment to the Agreement by and between the City of Jurupa Valley and Brea IT Services (a division of the City of Brea) for the provision of Information Technology Services.
BACKGROUND
Since incorporation in June of 2011 the City of Jurupa Valley has relied on the services of the City of Brea’s IT division to provide quality information technology services. These services were initially provided under the auspices of an informal, month to month agreement. The City entered into a formal, contract with Brea IT in April of 2018 and approved Amendment 1 to the agreement, which renewed the agreement for information technology services through June 30, 2023.
Staff has been very sati sfied with the comprehensive, quality, and low cost service that has been provided to the City . Particularly Brea IT’s willingness and ability to ramp up their support and collaboration with the City’s IT Technician as the City has grown. As a public agency, Brea provides their services free of a profit component that would be involved with private secto r providers. Their motivation lies in the increase d economies of scale and reduction in overhead costs as a result of shari ng services with other agencies, similar to a Joint Powers Authority (JPA).
The contract before the Council is an amendment to a two-year renewal term, ended on June 30, 2023. The amendment provides an option for an extended renewal period of an additional two years through June 30, 2025.
RETURN TO AGENDA
AMENDMENT NO. 2
TO AGREEMENT FOR CONTRACTOR
SERV ICES
BrealT Solutions
This Amendment No. 2 to Agreement for Contractor Services ("Amendment No. 2") is dated for identification purposes as of October 5, 2023 by and between the City of Jurupa Valley, a municipal corporation ("City), and BreaIT Solutions, a Division of the City of Brea ("Contractor ").
RECITALS
A. The City and Contractor entered into that certain Agreement for Contractor Services dated as of April 19th, 2018 (the "Original Agreement "). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.
B. The Original Agreement provided for Contractor to provide Information Technology (IT) Support Services to City for a (3) years term through June 30th, 2021 and allows the City and Contractor to extend the Original Agreement for one (1) additional (2) years renewal term on mutually agreed upon terms.
C. The City and Contractor extended the term of the Original Agreement for such services to June 30, 2023 as set forth in Amendment No 1.
D. The City and Contractor now desire to extend the term of the Original Agreement for such services to June 30, 2025 as set forth in this Amendment No
2. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Contractor agree as follows:
1. Section 1, TERM, of the Original Agreement is hereby amended and restated in its entirety as follows:
The initial term of this AGREEMENT commenced on the Effective Date (April 19th, 2018) and provided for a (3) years term through June 30th, 2021 ("Initial Term"). By Amendment No. 1 the Initial term was extended for an additional (2) years renewal term commencing July 1st, 2021 ("Renewal Term") which Renewal Term shall remain and continue in effect until June 30, 2023,. By A mendment No. 2, the agreement will add an option for an extension of the renewal
period by the City and Contractor for an additional two (2) year renewal term (“Extended Renewal Term”) commencing July 1 st , 2023 which shall remain and continue in effect until June 30, 2025 unless sooner terminated pursuant to the provisions of this AGREEMENT. The Initial Term, th e Renewal Term and the Extended Renewal Term are collectively referred to herein as the "Term."
2. Section 2, COMPENSATION, of the Original Agreement is hereby amended to read in its entirety as follows:
As consideration for the use of Contractor, City shall pay to Contractor a fee of, $2,760.00 per month which shall be payable upon receipt of invoice for said services from Contractor. The rates are subject to review and modification annual as may be agreed between the parties in writing. In exchange for the base monthly fee, Contractor will provide City unlimited remote desktop and network support and, not to exceed five (5) hours per month (as needed) onsite support.
d) Additional S pecialist hours, which may be required during Contractor’s standard hours of operation, will be billed at a rate of $125.00 per hour. Emergency call-out, holidays and off-hours support will be billed at $135.00 per hour with a two hour minimum. Hourly rates are subject to modifications annually as may be agreed between the parties in writing.
3. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to be executed on the respective dates set forth below.
CITY OF JURUPA VALLEY
Dated: ___________________________ By: _________________________ Chris Barajas, Mayor
ATTEST: APPROVED AS TO FORM:
By: _____________________________ By: _________________________ Victoria Wasko, City Clerk Peter Thorson, City Attorney
CITY OF BREA - CONTRACTOR
Dated: ___________________________ By: _________________________ William Gallardo
City Manager
- 1 -
Exhibit A
Proposal for
Information Technology (IT)
Support Services
Presented to the City of Jurupa Valley
June 15, 2015
Prepared by
City of Brea, CA
4 June 15, 2015
Alan Kreimeier
Finance Director
City of Jurupa Valley
8304 Limonite Avenue
Suite M
Jurupa Valley, CA 92509
Dear Alan:
BreaIT Solutions, a Division of the City of Brea, is pleased to present this Information Technology (IT) Support Services proposal to the City of Jurupa Valley.
Over the past 20 years, BreaIT has helped more than 22 agencies meet the ever- changing demands of technology. A sampling of the cities include Dana Point, Irwindale, Lakewood, La Mirada and Stanton, among many others. In conjunction with general technology support, we also work to advance the technology of our clients through specific projects that meet the unique goals of each organization.
This experience provides us with the insight and distinct knowledge of how to best meet the technology needs of municipal government, which is why we believe we are the best fit and most qualified to serve your city.
BreaIT strives for a partner relationship with our clients, instilling a philosophy of customer service and technical expertise. Building this partnership with your organization is important to us. We are proud to offer our talented team of professionals for this proposal who are not only technology experts, but are also familiar with the special considerations of municipal government.
Please note that we have prepared this proposal based on our understanding of your objectives. Although we are a full-service IT provider, we are able to scale our services to meet your specific needs and our fee schedule can be adjusted accordingly. As you review our proposal, please feel free to contact me at 714/990-7263 or e-mail [email protected] if you have any questions or need additional information.
Sincerely,
Randy Hornsby
IT Manager
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TABLE OF CONTENTS
Introduction
Understanding of the Project ........................................................... 1 Technical Proposal
Background Information ................................................................... 2 Services to be Provided .................................................................... 2 Experience .......................................................................................... 3 Approach ............................................................................................ 5 Implementation Methodologies and Work Plan ........................... 5 Project Staffing ................................................................................... 8 City Staff .............................................................................................. 9 Support Model
Business Approach ........................................................................... 12 Se
rvice Philosophy ........................................................................... 13 Fee Schedule
P
ricing Methodologies .................................................................... 14 Qualification and References
Qualification Information ................................................................ 14 Re
ferences ........................................................................................ 15 Hardware & Software
A
rrangements with Software and Hardware Companies…… 18
Data Rights and Software Licensing ............................................. 19 Ownership of Hardware and Other Assets ................................... 19 Service Assurances
Accountability and Warranties ...................................................... 19
1 INTRODUCTION
UNDERSTANDING
OF THE PROJECT
BreaIT is pleased to present this proposal to provide Information Technology (IT) services to the City of Jurupa Valley. While the scope of work consists of comprehensive services designed to strengthen the cost-effectiveness, quality and productivity of the City of Jurupa Valley’s IT services, the City has identified a few specific objectives that BreaIT has analyzed in regard to this proposal.
Provide quality information services and technological deliverables.
Develop mechanisms for improving the City’s utilization of its technological resources.
Improve the overall cost effectiveness of City-wide operating expenses and capital outlays associated with technological services.
We understand that BreaIT will be reporting to senior city staff and working closely with existing staff to ensure these objectives are achieved.
BreaIT understands the intricacies of local government agencies. We know the many challenges facing agencies today as budgets shrink and demand for services increases. We have extensive experience working to maximize productivity through technology, while keeping limited budget resources in mind.
Because of our comprehensive government agency experience and our commitment to excellence in customer service, we feel that we are uniquely qualified to provide IT services to the City of Jurupa Valley. We are confident that we will be an effective technology partner working together to meet your current needs and future goals.
2 TECHNICAL PROPOSAL
BACKGROUND
INFORMATION
SERVICES TO BE
PROVIDED
The primary objective of BreaIT is to meet the ever-changing IT needs of our clients by providing quality technology services, maximizing productivity, while maintaining cost-effective practices. BreaIT is a full- service IT shop. We have experience in all levels of technology support, developing technology plans, hardware and software acquisitions, data migration and policy development. Our staff of professionals is well qualified, experienced and committed to maintaining their technology knowledge base through regular training.
BreaIT is a program within the IT Division in the City of Brea. The Division was established in 1987, and is currently comprised of five programs:
Administration, End User Support, System Support/Projects, Public Safety Services and BreaIT External Support. BreaIT is able to draw on the resources of all programs to meet their clie nts’ needs. BreaIT enjoys the full support and resources of the City of Brea.
Brea provides an excellent portfolio of responsive municipal services.
The City operates as a “full -service city,” providing a full range of services including police and fire protection, water and sanitation services, construction and maintenance of streets and infrastructure, and recreational and cultural services. Besides serving its own residential and business customers, Brea has a tradition of entrepreneurial ventures providing service to numerous other public agencies such as police, recreation, IT, street maintenance, printing and communications and marketing services.
The City of Brea operates under the Council-Manager form of government, and is governed by a five-member City Council elected at large, serving staggered four-year terms. Council elections are held in November and even-numbered years in conjunction with statewide general elections.
BreaIT will integrate into your City as your internal IT staff; provide all the necessary technology support and assistance needed to your city departments and off-site locations. This includes supporting all of your PCs and servers, as well as working with end users on applications and providing guidance for future technology strategic planning.
We will work closely with your City’s designated IT contact and other designees to help ensure that the City of Jurupa Valley continues to utilize technology to the best advantage of the City, and that all additional acquisitions fit in with your strategic plan. We have 3 extensive experience in working with other client agencies to design and develop hardware and software requirements for IT projects.
For standard ongoing support, BreaIT proposes staffing the City of Jurupa Valley with unlimited remote support, in addition to up to five hours of on-site support per month. This would include desktop support of your PCs, as well as network management with server and applications support. In evaluating your specific needs through conversations with Jurupa Valley staff, and based on our experience with other government clients, we offer this estimate of service and support to the City of Jurupa Valley. Be assured that BreaIT Specialists have the skill, experience and drive to manage all of thes e requirements as part of their work for the City of Jurupa Valley.
Depending on the complexity of the projects, daily support demands and other related priorities, additional staffing hours may be required to meet dynamic timelines.
As part of the base ongoing support, BreaIT will provide and monitor your comprehensive operational functions such as backups, report distribution, database management and general system health performance monitoring.
BreaIT and our Account Manager will oversee all maintenanc e contracts and work directly with vendors to ensure the smooth operation of the City’s technology infrastructure.
BreaIT will provide documented Help Desk support for all City of Jurupa Valley staff. Our Account Manager will review this data regularly, and will discuss with City staff to ensure proper support is in place city-wide.
EXPERIENCE A key element of our BreaIT services is developed from within. Our experience in all areas of technology has grown from our internal support for the City of Brea . As we are able to master a new component, we are also able to provide that same level of service to our client agencies. In addition to the basic support services required to maintain your PC network, we have extensive experience in the following areas:
Kaseya –
Allows 24/7 server monitoring capabilities. BreaIT is
alerted of (possible) problems when or before they occur. This application allows BreaIT staff remote access to user’s computers for troubleshooting and resolving problems;
provides online service call submitting and tracking
functionality, and also gives clients enhanced reporting options.
4 Financial Systems – Currently provide the City of Brea and client agencies with various financial systems support and custom reporting. BreaIT has experience in working with a variety of financial systems including
Pentamation/FinancePLUS, Springbrook and Munis.
Wireless Solutions – Provide analysis and evaluation of wireless applications.
Project Management – As part of our skill set, we have highly experienced staff who have managed numerous technology
projects for the City of Brea and our client agencies. Our staff has fulfilled a variety of projects including a system upgrade to a full relocation of network operations.
Help Desk – Provide support services for the City of Brea and all client agencies.
Internet – Provide web services and support for the City of Brea and numerous client agencies. Site development and hosting services can be provided as well.
Intranet – Developed, integrated and implemented full Intranet services for the City of Brea. Numerous applications have a direct tie-in to our Financial System.
Integration Services –
BreaIT has developed a close working
relationship with numerous technology vendors to ensure the ability to smoothly bring the users, and the desired applications and hardware together.
Document Imaging – Currently provide the City of Brea with implementation and integration services. Experienced with Laserfiche support for several client agencies as well as Liberty systems.
Network Optimization and Security Monitoring –
An integral
piece of our operations is to regularly review and evaluate our client agencies’ networks to ensure optimum operations and security.
Systems Design and Implementation (including LAN & WAN) – This includes everything from simple in-house networking to connecting off-site facilities and wireless networking. 5 APPROACH
IMPLEMENTATION
METHODOLOGIES
AND WORK PLAN
BreaIT will become an integral part of the City of Jurupa Valley, providing the highest levels of customer care. As part of a local government entity, BreaIT understands the unique needs of your internal customers. Working under tight deadlines and multiple priorities, and within the constraints of the local government arena is our specialty. We fully understand the Council process and the interaction between city departments, as this is the same field we function in for our internal Brea customers.
BreaIT was established in 1987 to meet the growing technical needs of the City of Brea, and has been providing similar services to local municipalities since 1993. Our internal service commitments grew as we applied our approach of combining high quality support with high tech services. As we were able to meet the challenges of our internal customers, we were able to successfully replicate this approach to our external customers.
Our approach has been to concentrate on developing core technology solutions. As local budgets become tighter and tighter, we understand the importance of making strategic technology purchases and in maximizing the return on these investments. It’s important to ensure that any purchases made fall in line with the long- term goals of the organization and to ensure that the technology infrastructure will be able to support your future needs. With this in mind, we have standardized hardware and software as much as possible, which has allowed us to leverage the support needs to the benefit of our clients.
We are confident that we can bring this same level of commitment to the City of Jurupa Valley, and are eager to work with you as you move forward.
Management Team Structure
An experienced IT Account Manager dedicated to providing exceptional customer service will be assigned to the City of Jurupa Valley. The Account Manager, working primarily off-site, will be responsible for coordinating all IT operations with the Jurupa Valley IT Manager, based on your specific needs and objectives.
He will direct the operations of the transition to BreaIT, as required and detailed below. This may include system analysis, network structure documentation, PC inventory, and documenting current IT records and Help Desk logs. He will act as liaison between the City of Jurupa Valley and outside vendors to procure pricing; ensure material and equipment purchases are suitable to the needs of system users; and will successfully advance the long-range goals of the City of Jurupa 6 Valley. Regular meetings will be scheduled between the Account Manager and the City of Jurupa Valley management to review the IT operations and discuss future plans. Additionally, the Account Manager can be contacted at any time to ensure your complete satisfaction. The Account Manager will oversee all projects and maintain all personnel and work schedules.
A Specialist will be responsible for your overall system support ensuring efficient daily operation of your PCs and network. The Specialist serves as a technology advisor for your organization and will work with other BreaIT Specialists assigned to your site to provide you with exceptional customer care. Together, these individuals will be integrated into your city and serve as the foundation of your IT department.
As a BreaIT contract city, the City of Jurupa Valley will also have the benefit of the experience of a 25-person, full-service IT division. BreaIT professionals have a wide-range of experience. Rest assured that regardless of how your needs change and goals expand; BreaIT has the capability to effectively respond.
Implementation Plan
BreaIT is dedicated to making sure our clients have a smooth introduction to our services. Listed below are some suggested implementation phases that have been used by some of our clients in the past as services are introduced. These are strictly suggestions, and can vary depending on Jurupa Valley’s needs and current network status.
Implementation will begin with dialogue between City of Jurupa Valley management and the BreaIT transition team.
BreaIT will assess your IT structure and address any issues you are currently experiencing.
Develop long and short-term goals for your organization. Services and coverage hours will be finalized.
Personnel will be introduced to your staff and facilities. Identify common issues with users and/or segments of
the network structure.
Issues identified will be addressed and discussed with the BreaIT team to determine possible solutions.
7 Interface with Outside Vendors
The Account Manager and/or Specialist will be available to work with outside vendors as deemed necessary by the Jurupa Valley management. The scope of BreaIT’s work in this area will include:
Selecting products and services to meet your needs as determined by City staff and/or the recommendations of
BreaIT Specialists.
BreaIT has an extensive list of vendors and providers that will extend to you our government pricing.
The City can make purchases directly with the vendor, or BreaIT will handle the entire transaction including ordering, follow-up and troubleshooting with the vendor.
Reporting to City Management
BreaIT has a long-standing commitment to communication with our clients. The Account Manager will be responsible for keeping your staff informed and alerted to all activities relevant to your operations.
Reports will be customized to fit the needs of your agency. Our service includes documented reports and Help Desk logs with hours used, Specialist assigned, solutions and completion dates.
The Account Manager will schedule regular meetings with City staff.
Documentation of past weeks performance will be reviewed. Current or future special projects will be discussed.
Suggested staffing and services to be performed on an on-going basis for the duration of the contract:
One (1) Account Manager –
Will be responsible for scheduling
of personnel, while working primarily off-site, will always be available for on-site visits.
One (1) Specialist –
On-site up to five (5) hours per month (as
needed), in addition to 1unlimited ongoing remote support. Additional on-site hours as needed based on fee schedule. Unscheduled after hour and emergency services are available for an additional fee, as stated in the Pricing Methodologies section.
1Available during normal Brea work hours
Again, this is merely a suggestion. Hours worked will be assigned and adjusted based on the City of Jurupa Valley’s actual service needs. 8 Specialist duties include:
General hardware and software maintenance.
Security and monitoring of the network.
Maintenance of server hardware and software.
Staffing on-site Help Desk and documenting help calls and resolutions.
Quick resolve of user issues.
Communicating with Account Manager about concerns or
issues developing at the City.
Additional Services
PROJECT
STAFFING
BreaIT offers a wide range of special projects and services available for a very reasonable per project cost. The Account Manager is your resource for analyzing additional needs, making recommendations and developing a customized service proposal to fit into your budget.
Our Project Team consists of individuals with substantial education, training and experience in the technology field. Team members have a broad range of experience in public and private-sector work. Our team is fully capable of producing the volume and scope of work requested in a cost effective manner. BreaIT will be responsible for ensuring that completed projects meet all requirements set forth by the City.
BreaIT will provide to the City of Jurupa Valley IT staff members with a variety of skills and performance levels. You will also benefit from the full extent of our IT talent pool. We are skilled in all aspects of IT services. All current staff members are listed below with proposed job functions.
IT Manager / Account Manager – Randy Hornsby
Randy has been working in the IT field for over 25 years. He is currently
the City of Brea’s IT Manager. Before his current position, Randy was the Supervisor of Brea’s Software Development Team for seven years.
Other responsibilities Randy held included supervising the City of Brea’s GIS Program and Help Desk; was responsible for the City’s network infrastructure; and oversaw the training program. Randy has also managed numerous network and development projects for the City of Brea, as well as web development projects for other agencies.
Randy has always had a very high regard for customer service, and is committed to providing 100% customer satisfaction.
9 Account Manager – Mike Ryan
CITY STAFF
Mike has been with BreaIT for approximately 12 years. He is currently the IT Enterprise Account Administrator. Mike has worked as an IT Specialist; he has a vast array of knowledge and expertise of IT functions and network structure. Mike is also an experienced software trainer with expertise in the Microsoft Office Suite. His previous responsibilities included Project Manager of Automation Implementation for the US Postal Service. Mike will handle all management aspects of our services including project management, staff scheduling and regular communication with city staff.
Senior IT Specialist –
Andrew C. (B.S. Computer Studies)
Andrew has been with Brea IT for approximately 16 years. He is a Specialist currently assigned to our off-site contract agencies. Andrew holds MCSE NT4, MCP, and MCSE + I certifications. He has extensive experience in basic and advanced network administration, as well as network security and disaster recovery. He is skilled in PC hardware, software installation and troubleshooting.
Senior IT Specialist –
Frank E. (B.A. Organizational Leadership; Master
of Arts in Leadership & Organizational Studies)
Frank has been with BreaIT for approximately seven years, and came to us with ten years of IT experience. He spent seven years with Countrywide Home Loans scaling up to Senior Desktop Support Technician, as well working two years as a Network Engineer. Frank graduated from the Master’s College with a B.A. in Organizational Leadership, and has his Master of Arts in Leadership & Organizational Studies from Azusa Pacific University. He is certified as a MCDST (Microsoft Certified Desktop Support Technician), CompTia A+ and HP Workstation, Laptop and Tablet PC. Prior to entering the IT field, Frank established a strong customer service background working as a customer service representative for Unocal 76, a major oil company in Southern California. The combination of IT skills and strong customer service has been what Frank calls his “formula for success.”
IT Specialist II –
Scott L.
Scott has been with BreaIT for almost 15 years. He primarily works at our off-site contract agencies. He is MCSE NT 4 certified, and is proficient in PC hardware and software maintenance. Scott has unsurpassed skills in troubleshooting PC problems. He is well versed in printer maintenance as well. He also has experience in server maintenance/upkeep and upgrade.
10 IT Specialist II – Peter M. (B.A.S., A.A. Electronic Engineering)
Peter has been with Brea IT for 16 years. He is a Specialist assigned to our off-site contract agencies. He holds MCSE NT4, MCP and CNE 5 certifications, and is currently enrolled in the MCSA program. Peter is another one of Brea IT’s network experts. He is also proficient in network design. PC support is another one of Peter’s strong points.
Senior IT Specialist – Andy M. (B.S. Mechanical Engineering)
Andy has been with BreaIT for almost twelve years. He has proven to be a very valuable asset within our organization. Currently working as a Specialist in our off-site contracts, he brings experience in advanced network administration. Andy specializes in server configuration and server hardware support.
Senior IT Specialist – Bill P. (B.S. Electrical Engineering)
Bill came to us in 2008 from the City of Lakewood after 19 years, where he was a Systems Administrator. For nine of those years, he was the Senior Programmer Analyst. He is a specialist assigned to our off-site contracts. He holds CNA 5 certification and is currently enrolled in the MCSE program. He is proficient in network design and administration.
He is also skilled in PC hardware, software installation and troubleshooting.
Senior IT Specialist –
Anthony S.
Anthony has been with BreaIT for seven years. He has 15 years of IT experience, having worked for the cities of Lakewood and Anaheim in their IT departments. He has worked on a multitude of software and hardware, as well as server administration. He has held the positions of Help Desk and Systems Specialist Supervisor in previous local governments. His enthusiasm, customer service, and troubleshooting skills are top notch. Anthony is also a certified MCSE and CompTia A+ certified Specialist.
Senior IT Specialist –
Michael S. (B.S. Business Management, M.B.A.)
Michael has been with BreaIT for 16 years, and is our resident server and network specialist. He works both on-site at Brea, as well as at our off-site contracts. He is MCSE NT4 certified. Michael has excellent skills in network administration, network security, firewall configuration, and disaster recovery as well as all aspects of the network environment.
He also has completed training in Cisco routers, switches and firewalls. 11 Senior IT Specialist – Andrew S. (B.S. Business Administration)
Andrew has been with BreaIT for 9 years. He is a Specialist currently assigned to our off-site clients. He holds A+, Network+, and Windows 2000 MCSA certifications and has been working in the IT field for approximately 14 years.
IT Specialist – Michelle V. (B.S. Computer Science, A.A. Programming)
Michelle has been with BreaIT for 15 years. She is our back-up for Pentamation/FinancePLUS and works both on-site and off-site. She is proficient in Help Desk operations and PC support. Michelle has also designed websites.
Software Developer II – Jeremy B. (B.S. Computer Science)
Jeremy has been with BreaIT Solutions for about 15 years, and is one of our Senior Software Developers. He has designed custom applications for the City of Brea, such as our own Intranet and timecard applications. He also has extensive experience in web design.
IT Specialist II –
Brandon C. (B.S. Computer Science)
Brandon has worked for BreaIT as an IT Specialist and Software Developer for approximately 11 years. Prior to, he was an intern for BreaIT. He has worked on our Water Billing application and other software development projects. He also assists with the Help Desk.
Brandon has experience with SQL Server 2005 Reporting Services and Crystal Reports. Brandon is available for your custom reporting needs.
Senior GIS Analyst – Jimmy D. (B.A. Geography)
Prior to joining the City of Brea approximately eight years ago, Jimmy helped run the Geographic Information Systems (GIS) Department for the City of Pomona for two years. In addition, as a GIS Project Manager, he is dedicated to remaining current in all ESRI software, attending conferences and receiving the latest software training in ArcGIS Server and Desktop from ESRI. Jimmy also provides GIS training for city employees. Furthermore, he facilitates in developing comprehensive Geographic Information Systems for local agencies. 12 IT Specialist II / Radio Frequency Specialist – Greg W.
Greg has been with BreaIT for 15 years. His area of expertise is radio frequency equipment, wireless LANs, and mobile data systems as used by our public safety departments.
BUSINESS
APPROACH
SERVICE
PHILOSOPHY
SUPPORT MODEL
BreaIT currently performs IT services for 14 agencies—all with different priorities, procedures and organizational policies. Our Account Manager and Specialists are skilled at developing a customized business approach that is not only responsive to these differences, but reinforces each city’s di stinct qualities. BreaIT has many years of experience working successfully at all levels of a government organization including senior management and elected officials. We understand the challenges facing local government including budget difficulties, increasing demands for service and political realities. We are trained in customer service, and have a strong commitment to lifelong learning. We pride ourselves in our professionalism, responsiveness, attention to detail and dedication to achieving your goals.
We have staff experienced in all levels of technology support and will work with the City of Jurupa Valley to ensure that we provide the proper level of support for all systems. With the depth of knowledge contained in BreaIT, our support staff has access to all the resources of the entire team for any technology questions or assistance.
The BreaIT philosophy guiding all areas of our work stems from our unwavering commitment to excellence in customer service and our goal to exceed your expectations. All of our business practices are developed with this goal in mind.
13 Specifics based on this philosophy include:
All Specialists assigned to your city will be integrated into the City of Jurupa Valley culture, follow your organization’s policy, be accountable to your representatives and responsible for your complete satisfaction.
BreaIT will work with the Jurupa Valley management to develop short and long-term goals. Organizational procedures including interdepartmental relationships and “chain of command”
practices will be noted and incorporated according to your needs and preferences.
BreaIT will base the development and implementation of your IT operations on your city and technology goals. All service requests will be handled in light of those goals, and the technology plan will be developed specifically for your city.
Requests will be acted upon in a timely and professional manner and in accordance with customer service training. If a matter deemed high priority should take precedent over more routine requests, that priority will be evaluated against certain criteria (i.e. emergency, special project, change in IT plan, etc.) Appropriate action will be taken and communicated to all parties.
Network security is and must be a top priority. BreaIT staff w ill keep this priority in mind when handling any request. As a matter of policy, BreaIT will notify designated Jurupa Valley liaison of any request that is deemed detrimental to the network or adverse to the policies and procedures of the City of Jurupa Valley.
BreaIT Specialists assigned to Jurupa Valley will be chosen specifically for their experience in the areas most suited to your specific needs. All Specialists are trained to diagnose problems, develop solutions and communicate to users at all levels of the organization in a way that is understandable and courteous. 14 PRICING
METHODOLOGIES
FEE SCHEDULE
Listed below are the base rates for BreaIT support services. Desktop support includes setup, maintenance and troubleshooting for all PCs.
Network support consists of server and communications hardware setup, maintenance and troubleshooting.
Unlimited 1Remote Desktop
& Network Support
$2,400/month (base fee)
5 Hours of On-Site Desktop
& Network Support (per
month, as needed)
Included in above (base) $2,200
fee
Additional On-Site Support $115/hour
Emergency Services –
Two hour minimum
$125/hour
1Remote support is based on Brea’s normal business hours. Any support after normal business hours must be scheduled in advance and may be assessed on afterhours support fee.
As part of our BreaIT support model, we have staff experienced in all levels of technology support, and will work with the City of Jurupa Valley to ensure that we provide the proper level of support for all systems. With the depth of knowledge contained in BreaIT, on-site support staff has access to all the resources of the entire team for any technology questions or assistance.
QUALIFICATION
INFORMATION
QUALIFICATION AND REFERENCES
BreaIT is an IT consulting firm that provides services to public agency clients. BreaIT is a branch of the City of Brea’s IT Division, and enjoys full support from all levels of management.
Our experience and roots in government give us detailed familiarity with the unique environment of municipal government. More importantly, our experience allows us to develop and apply innovative and effective techniques for providing IT solutions that are sensitive to the budget constraints and political processes of our clients.
15 REFERENCES In addition to the client reference list supplied below, BreaIT also supports the IT Division in our own city. Presented here is a description of the network structure and services supported at the City of Brea.
City of Brea Network Structure:
43 Dell/HP servers running Windows 2007
275 HPPCs running Windows XP OS with Office 2007
40
HP laser & inkjet printers
Laptop, Tablet PC and PDA support
City of Brea Internal Services Include:
Network & PC Administration and Support
P
entamation/FinancePLUS Support
Firewall Security & Disaster Recovery
Complete support of Fire/Police IT services including
CAD/RMS
Mobile Data and 800 MHz radio support
911 Dispatch support
The following list has been developed as a summary of BreaIT’s experience with similar organizations with similar
hardware/technologies.
Reference No. 1
Customer Name: City of Dana Point
Contact Individual: Mike Rose Phone No: 949-248-3500
Address: 33282 Golden Lantern, Dana Point CA 92629-1805 Year: 2011 – Present Support Hours: Unlimited remote
Description of Hardware Installed:
9 Servers running Win 2008
60 PCs running XP or Win 7
Services BreaIT Provides Includes:
Remote plus five hours of on-site support
Reference No. 2
Customer Name: City of Buena Park
Contact Individual: Sung Hyun Phone No: 714-562-3713
Address: 6650 Beach Blvd., Buena Park CA 90622
Year: 1999 – Present Support Hours: 1.5 FTE Daily
Description of Hardware Installed:
16 17 Dell servers running Windows 2003or 2008
250 Dell PCs Windows 2000/XP OS w/ Office 2003/XP
4 Dell laptops Windows 98/XP OS w/Office 2000/2003
35 HP printers consisting of both Laser and Inkjets
Services BreaIT Provides Includes:
Network administration, firewall security and disaster recovery Support of Pentamation Finance System
PC hardware and software installation, upgrades and
troubleshooting
Vendor interface for procurement of hardware and software Accela and Permits Plus support along with customized Crystal Reports
Support of CLASS recreation software
Support of Laserfiche Document Imaging System
Reference No. 3
Customer Name: City of La Mirada
Contact Individual: Kevin Prelgovisk Phone No: 562-943-0131 Address: 13700 La Mirada Blvd., La Mirada CA 90638
Year: 2002 – Present Support Hours: 1 FTE Daily
Description of Hardware Installed:
7 Dell Servers running Windows 2003 or 2008
125
Dell & Gateway PCs running Windows XP w/Office 2000 or
XP
6 Macs running OS 9 &10
60 Printers consisting of HP, Epson & Okidata – Laser and inkjet 1 HP plotter
Services BreaIT Provides Includes:
Network administration, firewall security and disaster recovery PC hardware and software installation, upgrades and
troubleshooting
Vendor interface for procurement of hardware and software Support of MUNIS Finance System
Support of CLASS recreation software
Support of Laserfiche Document Imaging System
24/7 emergency support
Reference No. 4
Customer Name: City of Rancho Santa Margarita
17 Contact Individual: Paul Boyer Phone No: 949-635-1800 Address: 22112 El Paseo, Rancho Santa Margarita CA 92688 Year: 2005 - Present Support Hours: 1 PTE (40 hours per month) Description of Hardware Installed:
2 Dell servers running Windows 2008 in a virtualized
environment
1 Dell server for GIS Win 2003
37 Dell PCs running Windows XP OS w/Office XP
9 printers consisting of both HP Laser and various Inkjets
Services BreaIT Provides Includes:
Network administration, firewall security and disaster recovery PC hardware and software installation, upgrades and
troubleshooting
Vendor interface for procurement of hardware and software Support of GIS System
24/7 emergency support
Reference No. 5
Customer Name: City of La Palma
Contact Individual: Laurie Murray Phone No: 714-690-3338 Address: 7822 Walker St., La Palma CA 90623
Year: 2000 - Present Support Hours: 1 PTE
(88 hours per month)
Description of Hardware Installed:
8 Dell servers running Windows 2003
60 Dell PCs running Windows 2000-XP OS w/Office 2003
20 HP Laser printers
Services BreaIT Provides Includes:
Network administration, firewall security and disaster recovery PC hardware and software installation, upgrades and
troubleshooting
Vendor interface for procurement of hardware and software Support to PD
Laser Fiche
24/7 emergency support
Reference No. 6
18 Customer Name: City of Irwindale
Contact Individual: Theresa Olivares Phone No: 626-430-2294 Address: 5050 Irwindale Ave, Irwindale, CA 91706
Year: 2008 - Present Support Hours: 1 FTE
Description of Hardware Installed:
16 HP Servers running Windows 2000/2003
107 HP PCs with Office 2007
25 HP Laptops with Office 2007
25 printers HP Laser and Inkjets
Services BreaIT Provides Include:
Support of Springbrook Financial System
Network administration, firewall security, and disaster recovery PC hardware and software installation, upgrades and
troubleshooting
Vendor interface for procurement of hardware and software Support of Sire Document Imaging System
Support for Police Department
24/7 emergency support
ARRANGEMENTS
WITH HARDWARE
AND SOFTWARE
COMPANIES
DATA RIGHTS AND
SOFTWARE
LICENSING
HARDWARE & SOFTWARE
BreaIT has established informal relationships with many hardware and software companies and vendors solely for the purpose of providing our clients with a variety of sources to meet their technology needs.
Under no circumstances has BreaIT established arrangements with a technology provider where there is an economic incentive for BreaIT to recommend or encourage from a specific vendor.
BreaIT has established formal relationships on behalf of several client cities for special software and telecommunications purchasing programs. BreaIT strongly encourages clients to participate in government pricing programs like C-MAS and Microsoft Select Agreements as a way of strengthening the cost-effectiveness, quality and productivity of their technology investment.
BreaIT seeks to do what’s best for their clients. For software previously developed by Jurupa Valley staff or by a third-party vendor, BreaIT would support this in any way possible, but would not assume any 19 ownership rights to the software even with minor software modifications.
As for software developed for Jurupa Valley by BreaIT, we have two options available. If the software is unique to Jurupa Valley, and Jurupa Valley pays the full cost of development, all rights to the software would remain with Jurupa Valley. Often times, software that is developed for one agency has practical application for our other agencies, and BreaIT will develop and provide this software at a reduced rate for the use of Jurupa Valley, but BreaIT would retain ownership.
All data residing or collected from the City of Jurupa Valley would remain the sole property of the City of Jurupa Valley. Since we provide all IT services to our own City, we are very in tune with the needs for confidentiality and security with all systems and data.
OWNERSHIP OF
HARDWARE AND
OTHER ASSETS
ACCOUNTABILITY
AND WARRANTIES
BreaIT does not retain ownership of any hardware or software purchased for use within the City of Jurupa Valley. BreaIT will work with Jurupa Valley staff to inventory all existing hardware and software to facilitate tracking the assets for maintenance and replacement.
On some occasions, it may be beneficial for BreaIT staff to purchase hardware for Jurupa Valley directly or through Brea’s purchasing department. In such a scenario, BreaIT will bill Jurupa Valley for the items actual cost with no claim to the Jurupa Valley asset if the invoice is paid in full.
SERVICE ASSURANCES
The Account Manager will be directly accountable for the performance of the BreaIT staff in completing projects to the satisfaction of the City of Jurupa Valley. Prior to the start of a project, the Account Manager will meet with City staff to discuss requirements, timelines and project goals. Measurements of project progress will be determined by the timeline established. BreaIT stands behind our services and our goal of complete customer satisfaction.
BreaIT will work with the City of Jurupa Valley to ensure that all manufacturers’ warranties are properly in place, and to properly administer all technology based maintenance agreements. Through a complete review of all Help Desk calls, we will ensure that proper service is put in place throughout the City.
If at any time the City of Jurupa Valley chooses to terminate services with BreaIT, you are required to provide 30-day written notice.
City of Jurupa Valley
July 1, 2021 to June 30, 2023
1 of 2
AMENDMENT NO. 1
TO AGREEMENT FOR CONTRACTOR
SERV ICES
BrealT Solutions
This Amendment No. 1 to Agreement for Contractor Services ("Amendment No. 1") is dated for identification purposes as of May 26, 2021 by and between the City of Jurupa Valley, a municipal corporation ("City), and BreaIT Solutions, a Division of the City of Brea ("Contractor ").
RECITALS
A. The City and Contractor entered into that certain Agreement for Contractor Services dated as of April 19th, 2018 (the "Original Agreement "). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.
B. The Original Agreement provided for Contractor to provide Information Technology (IT) Support Services to City for a (3) years term through June 30 th, 2021 and allows the City and Contractor to extend the Original Agreement for one (1) additional (2) years renewal term on mutually agreed upon terms.
C. The City and Contractor now desire to extend the term of the Original Agreement for such services to June 30, 2023 as set forth in this Amendment No
1. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Contractor agree as follows:
1. Section 1, TERM, of the Original Agreement is hereby amended and restated in its entirety as follows:
The initial term of this AGREEMENT commenced on the Effective Date (April 19th, 2018) and provided for a (3) years term through June 30th, 2021 ("Initial Term"). By Amendment No. 1 the Initial term was extended for an additional (2) years renewal term commencing July 1st, 2021 ("Renewal Term") which Renewal Term shall remain and continue in effect until June 30, 2023, unless sooner terminated pursuant to the provisions of this AGREEMENT. The Initial Term and the Renewal Term are collectively referred to herein as the "Term."
2. Section 2, COMPENSATION, of the Original Agreement is hereby amended to read in its entirety as follows:
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120
STAFF REPORT
DATE: SEPTEMBER 7, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: JOE PEREZ, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: AGENDA ITEM NO. 14.D
INITIATION OF A GENERAL PLAN AMENDMENT (GPA) AND CHANGE OF ZONE (CZ) FOR 9.6 A CRES LOCATED AT 10045 AND 10051
LIMONITE AVENUE (APNS: 162-220-014, AND -016)
RECOMMENDATION
That the City Council initiate a General Plan Amendment (GPA) and Change of Zone (CZ) for 9.6 acres located at 10045 and 10051 Limonite Avenue (APNs: 162 -220-014, and 016).
BACKGROUND
Property Owner’s Request. In May 2023, the property owner of 9.6 acres located at 10045 and 10051 Limonite Avenue submitted Master Application (MA) No. 23132 for a Change of Zone (CZ) from Controlled Development Areas – 5-acre Minimum (W-2-5), and Light Agriculture with Poultry (A-P) to Manufacturing-Service Commercial (M-SC) to match the underlying General Plan land use designation of Light Industrial (LI). The site is currently split zoned W -2-5 and A -P, and both zoning classifications are inconsistent with the General Plan land use designation of LI.
The subject site is located at 10045 and 10051 Limonite Avenue in the southern area of the City. The general neighborhood consists of residential, agricultural, open space, institutional, and public facility uses. The immediate surrounding land uses include vacant land to the north, a single -family home with animal keeping to the east, the Santa Ana River to the south, and a wastewater treatment plant to the west. See Exhibit A for site location, and Table 1 for general site information.
The subject site is currently being used for an automotive parts s upplier business. No approved entitlements, permits, or business registration were found on record with the City for the existing business.
RETURN TO AGENDA
Page | 2
Staff Recommendation. The staff has reviewed their proposal and determined that the applicant’s proposed CZ, from A -P to M -SC, poses a potential danger to the health, safety, and general welfare of current and future residents. As such, the recommendation is the City Council to initiate a General Plan Amendment (GPA) and CZ to a more appropriate and compatible General Plan land use designation and zone for the site.
Further discussion of the recommended General Plan land use designation, and zone is included in the Analysis section of this staff report.
EXHIBIT A: SITE LOCATION
TABLE 1: GENERAL PROJECT SITE INFORMATION
ASSESSOR’S PARCEL NUMBERS 162-220-014, and -016
TOTAL ACREAGE OF SITE 9.6 acres
GENERAL PLAN DESIGNATION Light Industrial (LI)
GENERAL PLAN OVERLAY Equestrian Lifestyle Protection Overlay (ELO)
ZONING CLASSIFICATIONS
Controlled Development Areas – 5-acre
Minimum (W-2-5), and Light Agriculture
with Poultry (A-P)
ANALYSIS
Given the subject site’s close proximity to sensitive uses including the Santa Ana River, light agricultural, equestrian, and residential uses north of Limonite Avenue, and existing single-family and entitled, unconstructed, multi-family residential uses within the Paradise Knolls Specific Plan, it is recommended that the General Plan land use designation and zoning of the site be changed to achieve compatibility with the surrounding community.
See Exhibits B, and C for the site and surrounding community’s existing General Plan land use designation and zoning. The City inherited the land use designation and zoning from the County upon incorporation.
Page | 3
An industrial development on the subject site would pose a potential danger to the public health, safety, and general welfare of current and future residents in the near vicinity and southern area of the City as result of increased truck traffic along Limonite Avenue, and the emission of noise, vibration, odor, and lighting. See Attachment 1 for the Manufacturing-Service Commercial (M -SC) chapter of the Municipal Code, including intent, and permitted uses. Some of the permitted uses in the M-SC zone that would not be compatible with the sensitive uses in the near vicinity include the following:
Manufacturing (examples: acid and abrasives, chemical, food, machinery); Vehicle and motorcycle repair shops and body and fender shops, and spray painting;
Meat packing plants;
Lumber yards and other open yard uses;
Fertilizer production, organic or inorganic;
Recycling collection facilities;
Concrete batch plants and asphalt plants;
Recycling of wood, metal and construction wastes;
Disposal service operations, not including transfer stations; Natural gas storage, above-ground;
Petroleum and bulk fuel storage, above-ground, pursuant to Chapter 5.65 Surface Mining Operations.
Furthermore, pursuant to Land Use Element Policy No. 7.7 of the General Plan, the City shall “Limit industrial, warehousing and service commercial uses to the Mira Loma Warehouse and Distribution Center Overlay, and to other areas readily accessible from major highways or rail traffic, and sufficiently separated and buffered to protect residential uses.” The subject site is not suitable for an industrial dev elopment as it is not adjacent to either the Interstate 15 (I -15) or California State Route 60 (SR -60), and is located in the southern area of the City in the close proximity of light agricultural, equestrian, residential, and open space uses.
EXHIBIT B: EXISTING GENERAL PLAN LAND USE DESIGNATION
Page | 4
EXHIBIT C: EXISTING ZONING
A potential General Plan land use designation and z oning for the subject site is Commercial Neighborhood (CN). The CN land use designation allows for the development of neighborhood-serving uses that meet the convenience needs for nearby residents. These are freestanding commercial uses or smaller-scale commercial centers located within or on the edges of residential nei ghborhoods and include such uses as neighborhood food markets, local -serving retail commercial, personal services, professional offices, cultural facilities, and eating and drinking uses. See Attachment 2 for the C-N chapter of the Municipal Code, including purpose and application, and permitted uses.
If initiated, staff will proceed with the analysis and bring forth a recommended General Plan land use designation and zoning at a future date.
Initiation process
A General Plan Amendment and Change of Zone requires initiation by the City Council.
The following considerations apply to the initiation process, which only authorizes the process to begin:
1. Initiation of a General Plan Amendment and Change of Zone does not entail an evaluation of the merits of the proposed project, but only whether to proceed with a formal evaluation process and public hearings.
2. The Council may express its opinions as to whether the City should proceed with the formal evaluation process but should reserve its opinions regarding the merits or the ultimate action on the item until the evaluation process and public hearings have been completed.
3. The only issue before the Council currently is whether or not to initiate the General Plan Amendment and Change of Zone for project site. Once the formal evaluation process and public hearings are completed, the City Council will have the opportunity to approve, disapprove, or make changes to the General
Page | 6
Reviewed by:
Peter M. Thorson
City Attorney
ATTACHMENTS
1. Chapter 9.148. of City of Jurupa Valley Municipal Code – M-SC Zone (Manufacturing- Service Commercial)
2. Chapter 9.132 of City of Jurupa Valley Municipal – C-N Zone (Commercial - Neighborhood)
ATTACHMENT 1:
CHAPTER 9.148. – M-SC
(MANUFACTURING-SERVICE
COMMERCIAL) ZONE
(1)
(2)
(3)
(4)
(5)
(1)
(2)
(a)
(i)
a.
b.
c.
d.
e.
f.
g.
(ii)
a.
CHAPTER 9.148. - M-SC ZONE (MANUFACTURING-SERVICE COMMERCIAL) Sec. 9.148.010. - Intent.
It is the intent of this chapter to:
Promote and attract a wide variety of industrial and manufacturing activities and encourage research and development uses that will attract highly skilled, well paid jobs; Provide the necessary improvements to support industrial growth; Ensure that new industry is compatible with uses on adjacent lands; Protect industrial areas from encroachment by incompatible uses that may jeopardize industry; and
Strengthen the city's economic base.
The provisions of this chapter apply to the M-SC Zone.
(
Ord. No. 2021-29 , § 33, 12-16-2021)
Sec. 9.148.020. - Uses permitted.
The following uses shall be permitted in the M-SC Zone:
Agricultural uses of the soils for crops, including the grazing of not more than two (2) mature farm animals per acre and their immature offspring.
The following uses are permitted provided a site development permit is approved pursuant to the provisions of Section 9.240.330.
The following industrial and manufacturing uses:
Food products:
Meat and poultry products, not including meat packing or slaughtering.
Dairy products, not including dairies.
Canning and preserving fruits and vegetables.
Grain and bakery products.
Sugar and confectionery products.
Nonalcoholic beverages.
Ice.
Textile products:
Cotton, wood, and synthetic weaving and finishing mills. b.
c.
d.
e.
(iii)
a.
b.
c.
d.
(iv)
a.
b.
c.
d.
e.
(v)
a.
b.
c.
d.
(vi)
a.
b.
(vii)
a.
b.
c.
d.
e.
(viii)
Wearing apparel and accessory products.
Knitting mills.
Floor covering mills.
Yarn and thread mills.
Lumber and wood products:
Saw and planing mills.
Manufacture of containers and crates.
Fabrication of wood buildings and structures.
Manufacture of furniture and fixtures including cabinets, partitions and similar items.
Paper products:
Paper and paperboard mills.
Manufacture of containers and boxes.
Paper shredding.
Printing and publishing of newspapers, periodicals, books, forms, cards, and similar items.
Binding of books and other publications.
Chemicals and related products:
Manufacture of organic and inorganic compounds, not including those of a hazardous nature.
Manufacture of drugs and pharmaceuticals.
Soaps, cleaners, and toiletries.
Manufacture of agricultural chemicals, not including pesticides and fertilizers.
Leather products:
Tanning and finishing of leather.
Manufacture of handbags, luggage, footwear, and other personal leather goods.
Stone, clay, glass, and concrete products:
Stone cutting and related activities.
Pottery and similar items.
Glass blowing, pressing and cutting.
Glassware products.
Manufacture of concrete, gypsum, plaster and mineral products.
Metal products:
a.
b.
c.
d.
e.
f.
g.
h.
i.
(ix)
a.
b.
c.
d.
e.
(x)
a.
b.
c.
d.
e.
(xi)
a.
(xii)
a.
b.
(xiii)
a.
b.
c.
d.
e.
Manufacture of cans and containers.
Cutlery, tableware, hand tools, and hardware.
Plumbing and heating items.
Wrought iron fabrication.
Manufacture and assembly of fencing.
Machine, welding, and blacksmith shops.
Metal stamps and forged metal products.
Manufacture of ordnance and firearms, not including explosives.
Jewelry.
Machinery:
Engines, turbines, and parts.
Farm, garden construction, and industrial machinery.
Office and computing machines.
Refrigeration and heating equipment.
Equipment sales, rental, and storage.
Electrical equipment:
Electrical and electronic apparatus and components.
Appliances.
Lighting and wiring.
Radio, television, and communications equipment.
Musical and recording equipment.
Transportation and related industries:
Motorcycles, bicycles, and parts manufacture.
Engineering and scientific instruments:
Measuring devices, watches, clocks, and related items.
Optical goods, medical instruments, supplies, and equipment and photography equipment.
Industrial uses:
Cotton ginning.
Public utility substations and storage yards.
Heliports.
Communications and microwave installations.
(xiv)
(b)
(i)
(ii)
(iii)
(iv)
(v)
(vii)
(vii)
(viii)
(ix)
(x)
(xi)
(xii)
(xiii)
(xiv)
(xv)
(xvi)
(xvii)
(xviii)
(xix)
(xx)
(xxi)
(xxii)
(3)
Mini warehouses (self-storage facility) provided they satisfy the provisions of Section 9.240.470.
Research and development.
The following service and commercial uses:
Banks and financial institutions.
Blueprint and duplicating services.
Laboratories, film, medical, research, or testing centers.
Office equipment sales and service.
Offices, professional sales and service, including business, law, medical, dental, chiropractic, architectural, and engineering.
Parking lots and parking structures.
Restaurants and other eating establishments.
Vehicle and motorcycle repair shops.
Barber and beauty shops.
Body and fender shops, and spray painting.
Building materials sales yard.
Day care centers.
Health and exercise centers.
Hardware and home improvement center.
Mobilehomes, provided they are kept mobile and licensed pursuant to state law, when used for: construction offices and caretaker's quarters on construction sites for the duration of a valid building permit; agricultural worker employment offices for a maximum of ninety (90) days in any calendar year; caretaker's quarters and office, in lieu of any other one (1) family dwelling located on the same parcel as a permitted industrial use.
One (1) family dwellings on the same parcel as the industrial or commercial use provided such dwellings are occupied exclusively by the proprietor or caretaker of the use and their immediate family.
Nurseries and garden supply stores.
Car washes.
Signs, on-site advertising.
Feed and grain sales.
Fortune telling, spiritualism, or similar activity.
Churches, temples, or other structures used primarily for religious worship. (a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
(z)
(aa)
The following uses are permitted provided a conditional use permit has been granted pursuant to Section
9.240.280:
Meat packing plants, not including slaughtering or rendering of animals.
Cemeteries, crematories, and mausoleums.
Brewery, distillery, or winery with alcoholic beverage sales for on-premises and off- premises consumption pursuant to Section 9.240.490.
Acid and abrasives manufacturing.
Fertilizer production, organic or inorganic.
Paints and varnishes manufacturing and incidental storage.
Airports.
Poultry and egg processing.
Drive-in theaters.
Lumber yards.
Fabrication of manufactured housing and mobilehomes.
Fabrication of metal buildings.
Vehicles, aircraft, boats and parts manufacture.
Railroad equipment.
Travel trailers and recreational vehicles manufacture.
Towing and impoundment of vehicles that are stored entirely within an enclosed building, with no outdoor storage allowed.
Trailer and boat storage.
Railroad yards and stations.
Building movers storage yard.
Reserved.
Warehousing and distribution, only within an approved General Plan Warehouse and Distribution Overlay, including the Mira Loma or Agua Mansa Warehouse and Distribution Overlays.
Reserved.
Reserved.
Truck and trailer sales and rental.
Mobilehome sales lots.
Recycling collection facilities.
Paper storage and recycling, not within a building.
(bb)
(cc)
(dd)
(ee)
(ff)
(gg)
(hh)
(ii)
(jj)
(kk)
(ll)
(i)
(ii)
(iii)
(iv)
(v)
(4)
(a)
(b)
(c)
Concrete batch plants and asphalt plants.
Recycling processing facilities.
Recycling of wood, metal and construction wastes.
Disposal service operations, not including transfer stations.
Reserved.
Natural gas storage, above-ground.
Petroleum and bulk fuel storage, above-ground, pursuant to Chapter 5.65.
Any mining operation that is subject to the California Surface Mining and Reclamation Act of 1975 (California Public Resources Code Section 2710 et seq.) provided a valid surface mining permit has been granted pursuant to
Chapter 5.65.
Automobile fueling stations with or without the concurrent sale of beer and wine for off- premises consumption, restaurants with the sale of alcoholic beverages for on-premises consumption, and airports with the sale of alcoholic beverages for on-premises and off- premises consumption pursuant to
Section 9.240.490.
Vehicle storage entirely within an enclosed building, with no outdoor storage allowed.
For the following list of truck trip generation uses with a project site one (1) acre or less, the total building area is thirty thousand (30,000) square feet or less and when located five hundred (500) feet or more from residentially zoned property or other sensitive uses such as churches and schools:
Contractor storage yards.
Equipment sales and storage.
Salvage yards.
Cold storage.
Warehouse (storage only not distribution warehouses).
A conditional use permit required for the uses listed in subsection (3)(j)—(3)(kk) of this section shall not be granted unless the applicant demonstrates that the proposed use meets the general welfare standard articulated in subsection
9.240.280(4) and meets all of the following
additional findings:
The proposed use will not adversely affect any residential neighborhood or property in regards to aesthetics, solar access, privacy, noise, fumes, odors or lights.
The proposed use will not impact traffic on local or collector streets.
The proposed use is adequately buffered from sensitive uses in the vicinity that may include, but not be limited to, churches, child care facilities, schools, parks and recreation facilities.
(d)
(5)
(6)
(7)
(8)
(9)
(1)
(2)
(a)
The proposed use does not pose a hazard or potential to subject other properties in the vicinity to potential blight or crime.
Development agreement. Notwithstanding any other provision, the requirement of a conditional use permit in subsection (3)(j)—(3)(ii) of this section shall not apply to any property for which a development agreement has been adopted by the City Council.
Prospective application. No conditional use permit shall be required for those uses which are being exercised and legally permitted on the effective date of Ordinance No. 2012-10, including properties which have received discretionary or ministerial approvals issued by the county or city which are still in effect, as of the effective date of Ordinance No. 2012-10.
Kennels and catteries are permitted provided they are approved pursuant to the provisions of Section 9.240.460.
Sex-oriented businesses, subject to the provisions of Chapter 5.60. The uses listed in subsections (1), (2) and (3) of this section do not include sex-oriented businesses.
Any use that is not specifically listed in subsections (2) and (3) of this section may be considered a permitted or conditionally permitted use provided that the Community Development Director finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections. Such a use is subject to the permit process which governs the category in which it falls.
(Ord. No. 2012-02, § 1, 6-7-2012; Ord. No. 2012-10, § 1(B), 11-1-2012; Ord. No. 2017-09 , § 7B., 9-21-2017;
Ord. No. 2021-09 , § 4, 4-15-2021; Ord. No. 2021-21 , §§ 39, 40, 11-4-2021; Ord. No. 2021-29 , § 34, 12-16- 2021; Ord. No. 2022-24 , § 16, 12-15-2022)
Sec. 9.148.030. - Planned industrial developments.
Planned industrial developments are permitted provided a land division has been approved pursuant to Title 7.
Sec. 9.148.040. - Development standards.
The following development standards shall apply in the M-SC Zone.
Lot size. The minimum lot size shall be ten thousand (10,000) square feet with a minimum average width of seventy-five (75) feet, except that a lot size not less than seven thousand (7,000) square feet and an average width of not less than sixty-five (65) feet may be permitted when sewers are available and will be utilized for the development.
Setbacks.
(b)
(c)
(d)
(3)
(a)
(b)
(c)
(d)
(4)
(5)
(a)
(b)
(c)
(6)
Where the front, side, or rear yard adjoins a lot zoned R-R, R-1, R-A, R-2, R-3, R-4, R-6, R-T, R-T-R, or W-2-M, the minimum setback shall be twenty-five (25) feet from the property line.
Where the front, side, or rear yard adjoins a lot with zoning classification other than those specified in subsection (1) of this section, there is no minimum setback.
Where the front, side, or rear yard adjoins a street, the minimum setback shall be twenty- five (25) feet from the property line.
Within the exception of those portions of the setback area for which landscaping is required by subsection (5) of this section, the setback area may only be used for driveways, automobile parking, or landscaping. A setback area which adjoins a street separating it from a lot with a zoning classification other than those zones specified in subsection (1) of this section, may also be used for loading docks.
Height requirements. The height of structures, including buildings, shall be as follows:
Structures shall not exceed forty (40) feet at the yard setback line.
Buildings shall not exceed fifty (50) feet unless a height up to seventy-five (75) feet is approved pursuant to Section 9.240.370.
Structures other than buildings shall not exceed fifty (50) feet unless a height up to one hundred and five (105) feet is approved pursuant to
Section 9.240.370.
Broadcasting antennas shall not exceed fifty (50) feet unless a greater height is approved pursuant to
Section 9.240.370.
Masonry wall. Prior to occupancy of any industrial use permitted in this chapter, a six (6) foot high solid masonry wall or combination landscaped earthen berm and masonry wall shall be constructed on each property line that adjoins any parcel specifically zoned for residential use, unless otherwise approved by the Hearing Officer or body.
Landscaping.
A minimum of ten (10) percent of the site proposed for development shall be landscaped and irrigated.
A minimum ten (10) foot strip adjacent to street right-of-way lines shall be appropriately landscaped and maintained, except for designated pedestrian and vehicular access ways.
Said landscaped strip shall not include landscaping located within the street right-of-way.
A minimum twenty (20) foot strip adjacent to lots zoned R-R, R-1, R-A, R-2, R-3, R-4, R-6, R- T, R-T-R, or W-2-M, or separated by a street from a lot with said zoning, shall be landscaped and maintained, unless a tree screen or other buffer treatment is approved by the Hearing Officer or body. However, in no case shall said landscaping be less than ten (10) feet wide excluding curbing.
Parking areas. Parking areas shall be provided as required by Section 9.240.120. (7)
(8)
(9)
(10)
(11)
(12)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Trash collection areas. Trash collection areas shall be screened by landscaping or architectural features in such a manner as not to be visible from a public street or from any adjacent residential area.
Outside storage and service areas. Outside storage and service areas shall be screened by structures or landscaping.
Utilities. Utilities shall be installed underground except electrical lines rated at thirty-three (33) kV or greater.
Mechanical equipment. Mechanical equipment used in the manufacturing process shall be required to be enclosed in a building, and roof-mounted accessory equipment may be required to be screened from view.
Lighting. All lighting fixtures, including spot lights, electrical reflectors and other means of illumination for signs, structures, landscaping, parking, loading, unloading and similar areas, shall be focused, directed, and arranged to prevent glare or direct illumination on streets or adjoining property.
All uses listed under subsection
9.148.020(3)(ll) shall comply with the following additional development standards:
Accessory truck and trailer parking, loading, trash and service areas shall be completely on site and screened from public view with a combination of buildings, decorative masonry walls such as tan split face block, stucco block, cultured stone of equivalent, berms and/or landscaping.
Outside storage as described in
Section 9.10.950 shall be completely screened from public view with a combination of buildings, decorative masonry block walls, berms and/or landscaping. Outside storage areas shall be prohibited within twenty-five (25) feet of the front property line and street-side property line.
Screen walls shall be located outside the required street side setback areas and be fully landscaped in front of a wall adjacent to any street. The minimum height of a screen wall shall be eight (8) feet. All screen walls shall include an anti-graffiti coating or equivalent measures to prevent graffiti.
All vehicle parking lots, drive-aisles, storage areas shall be designed and constructed with paved asphalt, concrete or similar surface material approved by the Public Works Director.
All heavy-duty truck/vehicles and similar heavy equipment shall not idle more than five (5) minutes.
All site landscape shall be designed to reduce air pollution and include species such as Pinus eldarica (Afghan Pine) or similar that reduce particulate matter. (1)
(2)
All properties, buildings, outdoor storage areas, landscaping, walls, trash enclosures, accessory structures, signs and overall grounds shall be maintained in good repair, in a clean, neat and orderly condition. ( Ord. No. 2021-29 , § 35, 12-16-2021)
Sec. 9.148.050. - Exceptions to development standards.
The development standards contained herein, except lot size, setbacks and height, may be waived or modified as part of the site development permit or conditional use permit process if it is determined that the standard is inappropriate for the proposed use, and that the waiver or modification of the standard will not be contrary to the public health and safety.
(Ord. No. 2012-02, § 1, 6-7-2012)
Sec. 9.148.060. - Manufacturing site development permit.
Applications for a site development permit shall be made pursuant to the provisions of Section 9.240.330
and in addition to the requirements of that section, the application shall contain:
A description of the proposed operation in sufficient detail to fully describe the nature and extent of the proposed use.
Plans or reports showing proposed method for treatment and disposal of sewage and industrial waste.
(Ord. No. 2012-02, § 1, 6-7-2012)
ATTACHMENT 2:
CHAPTER 9.132. – C-N
(COMMERCIAL NEIGHBORHOOD) ZONE
A.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
B.
(1)
(2)
(3)
CHAPTER 9.132. - C-N ZONE (COMMERCIAL-NEIGHBORHOOD)
Sec. 9.132.010. - Purpose and application.
The C-N Zone is intended to provide for retail sales and services primarily for the convenience of surrounding residential areas in small-scale, pedestrian-oriented developments. Individual, small-scale retail establishments should provide several types of merchandise (as opposed to businesses offering a wide selection of a single type of merchandise). The C-N Zone also accommodates limited types of housing, including caretaker's quarters and live-work housing. The C-N Zone implements and is consistent with the Neighborhood Commercial land use category of the General Plan. (
Ord. No. 2017-09 , § 6, 9-21-2017)
Sec. 9.132.020. - Uses permitted.
The following uses are permitted:
Bakery—Retail.
Banks, financial services, ATMs.
Building and landscape materials (indoor).
Convenience store.
Copying and quick printer services.
Day care—Day care center (child, adult).
Dry cleaners, laundry (including self service).
Florist.
Groceries and/or specialty foods.
General retail—Two thousand five hundred (2,500) square feet or less gross floor area.
Park, playground.
Personal services—Nails, beauty salon, barber.
Produce stand, farmer's market.
Restaurant, cybercafé (no drive-thru).
The following uses are permitted provided approval of a site development permit shall first have been obtained pursuant to the provisions of
Section 9.240.330:
Car wash, self-service (no automated or drive thru).
Caretaker's residence.
Farm supply and feed store.
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
C.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
D.
Fitness/health facility.
General retail—More than two thousand five hundred (2,500) square feet up to fifteen thousand (15,000) square feet gross floor area.
Grocery and/or specialty foods retail—Three thousand (3,000) square feet to five thousand (5,000) square feet of gross floor area.
Library, branch facility.
Medical services—Clinic, urgent care.
Religious facility—Church, temple, stake, etc.
Repair services—Home electronic equipment, small appliances.
Work/live units.
Automobile services—Repair and maintenance.
Veterinary clinic/hospital/boarding (indoor), small animals.
Studio—Art, dance, martial arts, music, etc.
The following uses are permitted provided a conditional use permit has been granted pursuant to Section 9.240.280:
Bar/tavern pursuant to Section 9.240.490.
Club, lodge, private meeting hall.
Grocery, liquor and specialty foods retail—Five thousand (5,000) square feet to twenty thousand (20,000) square feet gross floor area.
Public assembly facility.
Public safety facilities (police, fire, EMT, etc.).
Schools—Private, religious, specialty.
Social service or charitable organization.
Theatre, museum or cultural center.
Clubs, lodges, private meeting halls and restaurants with on-premises consumption, and convenience stores with alcoholic beverages sales with off-premises consumption pursuant to
Section 9.240.490.
Automobile fueling stations, with or without the concurrent sale of beer and wine for off- premises consumption, excluding truck stops/travel centers.
Uses not listed. Any use that is not specifically listed in subsections A., B., and C. may be considered a permitted or conditionally permitted use provided that the Community Development Director finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections. Such a use is subject to the permit process which governs the category in which it falls.
E.
The
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Legally established uses. It is the intent of the City Council that a legally established pre-existing land use of an occupied property shall not assume a nonconforming status as a result of the adoption of the 2017 General Plan and the concurrent or subsequent adoption of a change of zone for consistency with the 2017 General Plan. Any pre-existing use certified pursuant to Section [9.240.080] that is not specifically listed in subsections A., B. and C. shall be considered a permitted or conditionally permitted use the same as provided for such use under the zoning classification of the subject property prior to the adoption of the new zoning classification concurrent with, or subsequent to, the effective date of City Council Resolution No. 2017-14 adopting the 2017 General Plan. The expansion of significant modification of such a pre-existing use shall be subject to the approval process and zoning requirements that had governed the category of use in which it fell under the prior zoning classification. However, nothing in this subsection shall be construed to mean that a site development permit or conditional use permit is required to continue such pre-existing use.
( Ord. No. 2017-09 , § 6, 9-21-2017; Ord. No. 2021-09 , § 4, 4-15-2021; Ord. No. 2021-21 , §§ 31—34, 11-4- 2021; Ord. No. 2021-29 , § 23, 12-16-2021; Ord. No. 2022-24 , § 13, 12-15-2022) Sec. 9.132.030. - Development standards.
following shall be the standards of development in the C-N Zone:
Lot size. The minimum lot size shall be six thousand (6,000) square feet with a minimum average lot width of sixty (60) feet, minimum average lot depth of ninety (90) feet and minimum lot frontage width of forty (40) feet.
Height. The maximum height of all structures, including buildings, shall be thirty-five (35) feet.
The maximum lot coverage shall be seventy-five (75) percent of gross lot area. The maximum floor area ratio (FAR) shall not exceed one and one-half (1.5). For properties with residential units, the maximum density shall be eight (8) dwelling units per acre (du/A).
Landscaping. A minimum fifteen (15) percent of the site shall be landscaped and maintained, and automatic irrigation shall be installed.
Street setback. A minimum twenty-five-foot setback shall be required on any street. A minimum ten-foot strip adjacent to the street line shall be appropriately landscaped and maintained, except for designated pedestrian and vehicular accessways. The remainder of the setback may be used for off-street automobile parking, driveways or landscaping.
Side yard setback. The minimum side yard setback shall equal not less than ten (10) feet for the two (2) side lot areas combined.
Rear yard setback. The minimum rear yard setback shall be fifteen (15) feet.
Grocery, liquor and specialty foods. In the C-N Zone, grocery liquor and specialty food stores under three thousand (3,000) square feet are allowed.
(8)
(9)
(10)
(11)
(12)
(13)
(14)
Screening. Parking, loading, trash and service areas shall be screened by structures or landscaping. They shall be located in such a manner as to minimize noise or odor nuisance.
Block walls or other fencing may be required. Barbed wire or concertina wire shall not be allowed.
Outside storage. Outside storage shall be screened with structures or landscaping.
Landscaping shall be placed in a manner adjacent to the exterior boundaries of the area so that materials stored are screened from view. If a non-screened exhibit of products is proposed, it shall be part of the industrial park site development permit approved pursuant to Section [9.145.040], and shall be set back at least ten (10) feet from the street line.
Parking. Parking shall be provided as required by Section [9.240.120].
Utilities. All new utilities shall be underground.
Roof-mounted equipment. All roof mounted mechanical equipment shall be screened from the ground elevation view to a minimum sight distance of 1,320 feet.
Signs. All signs shall be in conformance with [Chapter 9.245].
Site lighting. All lighting, including spotlights, floodlights, electrical reflectors, and other means of illumination for signs, structures, landscaping, parking, loading, unloading, and similar areas shall be focused, directed, and arranged to prevent glare or direct illumination on streets or adjoining property.
(
Ord. No. 2017-09 , § 6, 9-21-2017)
Page | 1
STAFF REPORT
DATE: OCTOBER 5, 2023
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.E
AWARD CONSTRUCTION AGREEMENT TO CALMEX ENGINEERING,
INC. FOR 2023-2024 PAVEMENT REHABILITATION (ARPA) PROJECT, CIP #23111
RECOMMENDATION
1. That the City Council approve and award a construction agreement to Calmex Engineering, I nc. in the amount of $ 8,643,891.20 for the 2023-2024 Pavement Rehabilitation (ARPA) Project, CIP #23111, for the work included in its bid proposal and authorize the City Manager to execute the Agreement in the form attached hereto; and
2. Authorize the City Manager to execute any subsequent related minor amendments to the Agreement with Calmex Engineering, Inc, up to 10% as contingency to cover the cost of any unforeseen conditions; and
BACKGROUND
At its regular meeting on April 20, 2023, the City Council approved the Jurupa Valley roadway deferred maintenance and infrastructure deficit improvement program as part of the American Rescue Plan Act expenditure plan (ARPA) which included a list of candidate streets for pavement maintenance. On July 6, 2023, the City Council approved the Fiscal Year 2023-2024 through Fiscal Year 2027 -2028 Capital Improvement Progra m for the City of Jurupa Valley which included 2023-2024 Pavement Rehabilitation ARPA Project (Project).
The Project scope consists of pavement rehabilitation, installing ADA compliant access ramps, and new striping. The Project is being delivered in two phases and the Attachment includes the list of streets being rehabilitated as part of this phase one contract. Minor modifications may be made to the list of streets to avoid any unforeseen conflicts and to optimize the use of available funds.
RETURN TO AGENDA
Page | 2
On August 8, 2023, a Notice Inviting Bids was published on PlanetBids, the City’s online web-based procurement and bidding system, and the local newspaper, the Press Enterprise.
ANALYSIS
Formal bidding procedures were followed in accordance with the Public Contract Code.
Five (5) bids were received on August 28, 2023, and bids were opened soon after 2:00 p.m. with the following results:
Bidder Total Amount
1. Calmex Engineering, Inc., Bloomington, CA $8,643,891.20
2. All American Asphalt, Corona, CA $8,882,222.00
3. Hardy & Harper, Lake Forest, CA $8,950,000.00
2. ONYX Paving Company, Anaheim, CA $9,369,000.00
3. RJ Noble Company, Orange, CA $10,102,925.50
All bids were reviewed for accuracy and co mpleteness. Calmex Engineering, Inc. is the lowest responsive and responsible bidder with a bid in the amount of $8,643,891.20.
Calmex Engineering, Inc . is a reputable construction company who has successfully completed public works projects in Riverside and San Bernardino County and references were found to be satisfactory.
If approved, City Public Works/Engineering Department Staff will provide project administration and oversight. Project management and inspection services will be performed by a construction management consultant which includes monitoring compliance with co ntract documents, including temporary construction traffic control, preparation of monthly progress payment reports, and various administrative activities related to the project.
The project was evaluated in accordance with the California Environmental Quality Act (CEQA) and is categorically exempt. This finding is based on Section 15304 which covers the reconstruction or replacement of existing structures.
FINANCIAL IMPACT
The anticipated project construction cost is $9,800,000, which includes the 1 0% contingency to cover the unforeseen field condition s, construction management/inspection services as well as the e ngineering testing materials. Per the approved CIP, t he project is funded the American Rescue Plan Act ( ARPA). The budgeted funds are sufficient to cover the cost of th is phase of the project and the necessary support services.
Page | 3
ALTERNATIVES
1. Do not approve Agreement and related actions.
2. Provide alternative direction to Staff.
************************ SIGNATURES ON FOLLOWING PAGE *************************
Page | 5
PROJECT LIST OF STREETS
Street From To
46th
Bridge (3125' W of Loring
Ranch Rd) Loring Ranch Rd
Agua Mansa Rd Market St City Limit
Etiwanda CA-60 Philadelphia Ave
Greens Dr Eveningside Ln Lakeside Dr
Jurupa Rd Mission Blvd Valley Way
Riverside Dr I-15 (CITY LIMIT) Wineville Ave
Rubidoux Bridge 29th
Sierra Ave Armstrong Rd Karen Ln
Valley Way Jurupa Rd Mission Blvd
Wineville Ave Mission Blvd Cantu-Galleano
Project No. 23111 2023-2024 Pavement Rehabilitation (ARPA) Project Jurupa Valley, CA
1 AGREEMENT
PROJECT NO. 23111
2023-2024 Pavement Rehabilitation (ARPA) Project
THIS Agreement, made and entered into the 5 th day of O ctober 2023, by and between the City of Jurupa Valley, a municipal corporation, hereinafter called the "City" and Calmex Engineering, Inc. hereinafter called the "Contractor."
That the City and the Contractor for the consideration hereinafter named, agree as follows:
1. Scope of Services. Contractor shall perform the work and provide all labor, materials, equipment and services, except as otherwise provided in the Plans or Special Provisions, in a good and workmanlike manner for the project identified as 2023- 2024 Pavement Rehabilitation (ARPA) (“Project”), in accordance with this Agreement. The complete Agreement includes all of the Documents as if set forth in full herein, to wit, including the Agreement, any and all Contract Change Orders issued after the execution of the Agreement, Addenda No(s). N/A issued prior to the opening of the Bids, the Special Provisions (which includes the General Provisions and Technical Provisions), the Project Plans, the Standard Plans, the Standard Specification, reference Specifications, the Bidder's Proposal, the Notice Inviting Bids, the Non- Collusion Affidavit, the Faithful Performance Bond, the Labor and Materials Payment Bond and insurance (the “Documents”), all of which are essential parts of the Agreement between City and Contractor and are hereby made a part of this Agreement. In the event of any conflict in the provisions thereof, the terms of said Documents as set forth above shall control, each over the other, in the order provided.
2. Compensation. The City will pay the Contractor and the Contractor agrees to receive and accept the prices set forth in the Bid Schedule as full compensation for the work required under the bid items awarded by the City, to wit, the Base Bid Item(s) in the sum total amount of Eight Million Six Hundred Forty-three Thousand Eight Hundred Ninety-one dollars and Twenty Cents ($8,643,891.20), subject to additions or reductions of the quantities of the various bid items at the unit prices bid, for furnishing all materials and for doing all the work contemplated and embraced under the Documents.
3. Payments. City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted payment request from Contractor. City shall return to Contractor any payment request determined not to be a proper payment request as soon as practicable, but not later than seven (7) days after receipt, and shall explain in writing the reasons why the payment request is not proper.
A payment shall be made as the City Council of the City prescribes upon estimates approved by the City Council. However, progress payments shall not be made in excess of ninety-five percent (95%) of the percentage of actual work completed plus a like percentage of the value of material delivered on the ground or stored subject to, or under the control of, the City, and unused. The City Project No. 23111 2023-2024 Pavement Rehabilitation (ARPA) Project Jurupa Valley, CA
2 shall withhold not less than five percent (5%) of the Agreement price until final completion and acceptance of the Project. However, at any time after fifty percent (50%) of the work has been completed, if the City Council of the City finds that satisfactory progress is being made, it may, at its discretion, make any of the remaining progress payments in full for actual work completed.
4. Time. The Contractor hereby agrees to commence work pursuant to this Agreement within fourteen (14) calendar days after the date of authorization specified in the Notice to Proceed. The Contractor agrees to diligently prosecute the work, including corrective items of work, day to day thereafter, to completion, within One Hundred (100) working days after said date in the “Notice to Proceed with Construction,” except as adjusted by subsequent Contract Change Order(s).
5. Liquidated Damages. The City and Contractor hereby agree that in case all construction called for under the Agreement is not completed within the time hereinabove specified, including City caused delays or extensions, damages will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay.
It is, therefore, agreed that such damages shall be presumed to be in the amount of $1,000.00 per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, said amount for each calendar day by which the Contractor fails to complete the work, including corrective items of work, under this Agreement within the time hereinabove specified and as adjusted by Contract Change Order(s). The Contractor will not be assessed liquidated damages for delay(s) occasioned by the failure of the City or of the owner of a utility to provide for the removal or relocation of utility facilities.
6. Insurance. The Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect: (1) a policy or policies of broad- form comprehensive general liability insurance with minimum limits of $2,000,000.00 combined single limit coverage against any injury, death, loss, or damage as a result of wrongful or negligent acts by the Contractor, its officers, representatives, volunteers, employees, agents, and independent contractors in performance of services
under this Agreement; (2) property damage insurance with a minimum limit of $1,000,000.00; (3) automotive liability insurance with a minimum combined single limits coverage of $1,000,000.00; and (4) workers’ compensation insurance with a minimum limit of $1,000,000.00 or the amount required by law, whichever is greater.
Acceptable insurance coverage shall be from an admitted corporate surety insurer licensed in the State of California, approved by the City, and with a rating of, or equivalent to, A:VII by A.M. Best & Company. Any deviation from this rule shall require specific approval, in writing, from the City.
All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through addition of additional insured to the policy) by the insurance carrier without the insurance carrier giving the City thirty (30) days prior written notice thereof by certified mail, return receipt requested. The Contractor agrees that it will not cancel, reduce or otherwise modify said insurance coverage.
The Contractor agrees that if it does not keep the aforesaid insurance in full force and effect, and such insurance is available at a reasonable cost, the City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of the Contractor and the cost of such insurance may be deducted, at the option of the City, from payments due the Contractor.
Project No. 23111 2023-2024 Pavement Rehabilitation (ARPA) Project Jurupa Valley, CA
3 The Contractor shall submit to the City (1) insurance certificates indicating compliance with the minimum workers’ compensation insurance requirements above, and (2) insurance policy endorsements not less than one (1) day prior to beginning of performance under this Agreement.
Any deductibles must be declared to and approved by the City.
The general liability and automobile liability policies must contain or be endorsed to contain the following provisions: “The City of Jurupa Valley, its elected and appointed officials, officers, agents, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed on behalf of the City of Jurupa Valley, including materials, parts or equipment furnished in connection with the work or operations.”
The insurance provided by Contractor shall be primary to any coverage available to the City.
The Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required herein. All certificates and endorsements are to be received and approved by the City before work commences. The City may require, at any time, complete, certified copies of all required insurance policies, including endorsements affecting the coverage.
7. Bonds. The Contractor hereby agrees to provide and maintain in effect two (2) good and sufficient Surety Bonds for one hundred percent (100%) each of the contract price. The bonds shall be a "Faithful Performance Bond" which shall guarantee the faithful performance of all work and a "Labor and Materials Payment Bond" which shall secure the payment of the claims of labor, mechanics, or materialmen for all work under the Agreement pursuant to Section 9550 of the Civil Code.
8. Contractor’s Guarantee. The Contractor, the Contractor’s heirs, executors, administrators, successors, or assigns guarantee that all work performed under this Agreement fully meets the requirements thereof as to quality of workmanship and materials furnished. If any defects in materials or workmanship become evident within a period of one year from the date of the acceptance of the work by the City Council, the Contractor shall, at his or her own expense, make any repair(s) or replacement(s) necessary to restore the work to full compliance with the Plans and Specifications.
9. Labor Standards and Prevailing Wages. Contractor agrees to comply with the Davis-Bacon Act (40 U.S.C. §§ 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5) as set forth below.
Contractor shall be bound to the provisions of the Davis -Bacon Act, and agrees to be bound by all the provisions of Labor Code section 1771 regarding prevailing wages as required by Section 9 of this Agreement. All labor on this project shall be paid neither less than the greater of the minimum wage rates established by the U.S. Secretary of Labor (Federal Wage Rates), or by the State of California Director of Department of Industrial Relations (State Wage Rates). Current DIR requirements may be found at http://www.dir.ca.gov/lcp.asp. Additionally, wages are required to be paid not less than once a week.
The general prevailing wage rates may be accessed at the Department of Labor Home Page at www.wdol.gov.
The Federal minimum wage rates for this project are predetermined by the United States Secretary of Labor. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California DIR for Project No. 23111 2023-2024 Pavement Rehabilitation (ARPA) Project Jurupa Valley, CA
4 similar classifications of labor, Contractor and subcontractors shall pay not less than the higher wage rate. The City will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes “helper” (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by Contractor and subcontractors, Contractor and subcontractors shall pay not less than the Federal minimum wage rate which most closely approximates the duties of the employees in question.
10. Third Party Claims. City shall have f ull authority to compromise or otherwise settle any claim relating to the Agreement at any time. City shall timely notify Contractor of the receipt of any third- party claim relating to the Agreement. City shall be entitled to recover its reasonable costs incurred in providing this notice.
11. Antitrust Claims. Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at the time the City tenders final payment to Contractor without further acknowledgment by the parties.
12. Claim Dispute Resolution. In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The disputed work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters
All claims arising out of or related to the Agreement or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of “claim” as individually defined therein.
13. Debarred, Suspended or Ineligible Contractors . Contractor shall not be debarred throughout the duration of this Agreement. Contractor shall not perform work with debarred subcontractor pursuant to California Labor Code Section 1777.1 or 1777.7.
No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with Executive Orders 12549 and 12689, “Debarment and Suspension,” as set forth at 24 CFR part 24. This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than Executive Ord er 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees.
14. Conflicts of Interest. Contractor agrees not to accept any employment or representation during the term of this Agreement or within twelve (12) months after completion of the work under this Project No. 23111 2023-2024 Pavement Rehabilitation (ARPA) Project Jurupa Valley, CA
5 Agreement which is or may likely make Contractor “financially interested,” as provided in Government Code Section 1090 and 87100, in any decisions made by City on any matter in connection with which Contractor has been retained pursuant to this Agreement. Contractor shall comply with the Conflict of Interest provisions, as applicable, in accordance with 2 CFR Part 200.112 and 24 CFR Part 570.611 and other federal Conflict of Interest requirements.
15. Trenching and Excavations. If the project involves trenching more than four (4) feet deep, Contractor shall promptly, and before the following conditions are disturbed, notify the City in writing of any:
material that Contractor believes may be hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; subsurface or latent physical conditions at the site differing from those indicated; or unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. The City shall promptly investigate the conditions, and if the City finds that the conditions do materially differ or do involve hazardous waste and cause a decrease or increase in Contractor’s cost of or the time required for performance of any part of the work, the City shall issue a change order.
16. Utilities. The City acknowledges its responsibilities under Government Code section 4215 and incorporates that section herein by this reference.
17. Location of Existing Elements . The methods used and costs involved to locate existing elements, points of connection and all construction methods are Contractor’s sole responsibility. Accuracy of information furnished, as to existing conditions, is not guaranteed by the City. Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which may include, without limitation, contacting U.S.A. Alert and other private underground locating firm(s), utilizing specialized locating equipment and/or hand trenching.
18. Wage and Hour Laws. The Contractor shall, as a penalty, forfeit twenty-five dollars ($25) for each worker employed in the execution of the Agreement for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of California Labor Code Section 1813. As provided for in California Labor Code Section 1810, a legal day’s work is 8 hours of labor in any one calendar day.
19. Audits and Records. The Contractor shall maintain and keep books and records on a current basis, recording all transactions pertaining to this Agreement in a form in accordance with generally acceptable accounting principles. The City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its billings to the City as a condition precedent to any payment to Contractor. Contractor will promptly furnish documents requested by the City. Additionally, Contractor shall be subject to State Auditor examination and audit at the request of the City or as part of any audit of the City, for a period of four (4) years after final payment under this Agreement.
Project No. 23111 2023-2024 Pavement Rehabilitation (ARPA) Project Jurupa Valley, CA
6 20. Special Federal Requirements. Funding for this Agreement is allocated through American Rescue Plan Act (ARPA); (Title VI of the Social Security Act Section 602 et seq.). The City will administer and distribute the funds for this Agreement in accordance with ARPA. Contractor acknowledges and agrees that this Agreement is subject to the federal requirements pertaining to ARPA funding, including, but not limited to, Uniform Administrative Requirements, Cost Principles, Federal Provisions and Audit Requirements for Federal Awards, 2 Code of Federal Regulations Part 200 et seq and the federal provisions set forth in Exhibit “A,” attached hereto and incorporated herein as though set forth in full.”
21. Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement.
22. Termination. This Agreement may be canceled by the City at any time with or without cause without penalty upon thirty (30) days' written notice. In the event of termination without fault of Contractor, City shall pay Contractor for all services satisfactorily rendered prior to date of termination, and such payment shall be in full satisfaction of all services rendered hereunder.
23. Substitution of Securities. Pursuant to California Public Contract Code Section 22300, the Contractor will be permitted the substitution of securities for any monies withheld by the City of Jurupa Valley to ensure performance under this Agreement. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City of Jurupa Valley, or with a state or federally chartered bank as the escrow agent, who shall pay such monies to the Contractor. Securities eligible for substitution under this section shall include those listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest- bearing demand deposit accounts, and standby letters of credit. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any dividends or interest thereon. The Contractor shall give the City written notice within thirty (30) days after this Agreement is awarded that it desires to substitute securities for money that would ordinarily be withheld. If the substituted securities are deposited into an escrow, the escrow shall be governed by a written escrow agreement in a form which is substantially similar to the agreement set forth in Section 22300, of the Public Contract Code.
24. Indemnification. To the fullest extent permitted by law, Contractor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Jurupa Valley, and their officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “Liabilities”), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, incidental to, or related to any act, failure to act, error, or omission of Contractor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement or the performance or failure to perform any term, provision, covenant, or condition of this Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is
in addition to any other rights or remedies which Indemnitees may have under the law. Payment is Project No. 23111 2023-2024 Pavement Rehabilitation (ARPA) Project Jurupa Valley, CA
7 not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Contractor shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. The Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees.
25. Assignment. The parties do for themselves, their heirs, executors, administrators, successors and assigns agree to the full performance of all of the provisions herein contained. The Contractor may not, either voluntarily or by action of law, assign any obligation assumed by the Contractor hereunder without prior written consent of the City.
26. Attorney’s Fees. If any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees, experts’ fees, and other costs, in addition to any other relief to which the party may be entitled.
27. Worker’s Compensation Insurance. By my signature hereunder, as Contractor, I certify that I am aware of the Provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the Provisions of that code, and I will comply with such Provisions before commencing the performance of the work of this Agreement.
28. Effective Date. The effective date of this Agreement shall be the date of the Award of Contract by the City of Jurupa Valley.
29. Contractor’s License . Contractors are required by law to be licensed and regulated by the Contractors' State License Board. Any questions concerning a Contractor may be referred to the Registrar, Contractors’ State License Board, 3132 Bradshaw Road, Sacramento, CA 95826. Mailing address: P.O. Box 26000, Sacramento, CA 95826.
Project No. 23111 2023-2024 Pavement Rehabilitation (ARPA) Project Jurupa Valley, CA
8 ********** (SIGNATURE PAGE FOLLOWS) **********
Project No. 23111 2023-2024 Pavement Rehabilitation (ARPA) Project Jurupa Valley, CA
9 CITY OF JURUPA VALLEY,
Municipal Corporation (Name of Contractor)
License No./
BY: Classification:
Rod Butler, City Manager, City of Jurupa Valley
Expiration Date:
Date: Federal I.D. No.:
PRINT NAME:
SIGNATURE:
TITLE:
DATE:
Date
PRINT NAME:
SIGNATURE:
TITLE:
DATE:
Date
SIGNING INSTRUCTION TO THE CONTRACTOR:
All signatures on the Agreement on behalf of the Contractor must be acknowledged before a notary public.
General Partners must sign on behalf of the partnership.
NOTE: In the event that the contracting firm is a corporation, two (2) corporate officers having authority from the corporation MUST sign (two (2) signatures total). If the corporation has a corporate resolution stating that one person is authorized to sign on behalf of all officers, attach corporate resolution immediately following the notary certificates. Corporate Seal may be affixed hereto.
INTERNAL USE ONLY
ATTEST:
Victoria Wasko, C.M.C., City Clerk
APPROVED AS TO LEGAL FORM:
Peter Thorson, City Attorney
Date
RECOMMENDED FOR APPROVAL:
Paul Toor, P.E., Director of Public Work / City
Engineer
(if contract exceeds $5,000)
FAITHFUL PERFORMANCE BOND
Project No. 23111 2023-2024 Pavement Rehabilitation (ARPA) Project Jurupa Valley, CA
BOND NO.
PREMIUM $
FAITHFUL PERFORMANCE BOND
(100% of Total Contract Amount)
PROJECT NO. 23111
2023-2024 Pavement Rehabilitation (ARPA) Project
KNOW ALL MEN AND WOMEN BY THESE PRESENTS:
THAT WHEREAS, the City Council of the City of Jurupa Valley, State of California, known as "City," has awarded to Calmex Engineering , I nc. as Principal hereinafter designated as "Contractor" and have entered into an Agreement whereby the Contractor agrees to construct or install and complete certain designated public improvements, which said Agreement, effective on the date signed by the City Manager/Mayor, and identified as Project No. 23111, is hereby referred to and made a part hereof; and WHEREAS, said Contractor under the terms of said Agreement is required to furnish a bond guaranteeing the faithful performance of said Agreement; NOW THEREFORE, we the undersigned Contractor and ,
as Surety, are held and firmly bound unto the City of Jurupa Valley, County of Riverside in the penal sum of Eight Million Six Hundred Forty-three Thousand Eight Hundred Ninety-One Dollars and Twenty Cents ($8,643,891.20) lawful money of the United States, to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bound Contractor, his or her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in said Agreement and any alterations thereof made as therein provided, on his or her or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Jurupa Valley, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney fee to be fixed by the court.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement or to the work to be performed thereunder, or the Provisions accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or the Provisions.
********** (SIGNATURE PAGE FOLLOWS) **********
FAITHFUL PERFORMANCE BOND
Project No. 23111 2023-2024 Pavement Rehabilitation (ARPA) Project Jurupa Valley, CA
BOND NO.
IN WITNESS WHEREOF, we have hereunto set our hands, and seals on this day
of 2023.
CONTRACTOR SURETY
Contractor
Name: Name:
Address: Address:
Telephone No.: Telephone No.:
Print Name: Print Name:
Attorney-in-Fact
Signature: Signature:
Approved as to Form this
day of 2023
Peter Thorson
City Attorney
City of Jurupa Valley
NOTE: This bond must be executed by both parties. Corporate seal may be affixed hereto. All signatures must be acknowledged before a notary public (attach acknowledgments). The attorney-in- fact for the corporate surety must be registered, as such, in at least one county in the State of California. (Attach one original Power of Attorney sheet for each bond).
LABOR AND MATERIALS PAYMENT BOND
Project No. 23111 2023-2024 Pavement Rehabilitation (ARPA) Project Jurupa Valley, CA
BOND NO.
PREMIUM $
LABOR AND MATERIALS PAYMENT BOND
(100% of Total Contract Amount)
PROJECT NO. 23111
2023-2024 Pavement Rehabilitation (ARPA) Project
KNOW ALL MEN AND WOMEN BY THESE PRESENTS
THAT WHEREAS, the City Council of the City of Jurupa Valley, State of California, known as "City", has awarded to Calmex Engineering , Inc. as Principal hereinafter designated as "Contractor" and have entered into an Agreement whereby the Contractor agrees to construct or install and complete certain designated public improvements, which said Agreement, effective on the date signed by the City Manager/Mayor, and identified as Project No. 23111, is hereby referred to and made a part hereof; and WHEREAS, said Contractor under the terms of said Agreement is required to furnish a bond to secure the payment of claims of laborers, mechanics, materialmen, and other persons, as provided by law; NOW, THEREFORE, we the undersigned Contractor and ,
as Surety are held and firmly bound unto the City of Jurupa Valley, County of Riverside, in the penal sum of Eight Million Six Hundred Forty-three Thousand Eight Hundred Ninety-one dollars and Twenty Cents ($8,643,891.20), lawful money of the United States, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Contractor, his or her or its heirs, executors, administrator, successors or assigns, or subcontractors, shall fail to pay any of the persons described in the State of California Civil Code, Section 9100, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his or her subcontractors, pursuant to Section 13020, of the Unemployment Insurance Code, with respect to such work and labor, that the Surety or Sureties herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In the event suit is brought upon this bond by the City or other person entitled to bring such an action and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney fee to be fixed by the court.
LABOR AND MATERIALS PAYMENT BOND
Project No. 23111 2023-2024 Pavement Rehabilitation (ARPA) Project Jurupa Valley, CA
This bond shall inure to the benefit of any of the persons described in the State of California Civil Code Section 9100, to give a right of action to such persons or their assigns in any suit brought upon this bond. ********** (SIGNATURE PAGE FOLLOWS) **********
LABOR AND MATERIALS PAYMENT BOND
Project No. 23111 2023-2024 Pavement Rehabilitation (ARPA) Project Jurupa Valley, CA
BOND NO.
IN WITNESS WHEREOF, we have hereunto set our hands, and seals on this day
of 2023.
BIDDER SURETY
Contractor
Name: Name:
Address: Address:
Telephone No.: Telephone No.:
Print Name: Print Name:
Attorney-in-Fact
Signature: Signature:
Approved as to Form this
day of 2023
Peter Thorson
City Attorney
City of Jurupa Valley
NOTE: This bond must be executed by both parties. Corporate seal may be affixed hereto. All signatures must be acknowledged before a notary public (attach acknowledgments). The attorney-in- fact for the corporate surety must be registered, as such, in at least one county in the State of California. (Attach one original Power of Attorney sheet for each bond).
ARPA REQUIREMENTS
EXHIBIT “A”
FEDERAL AMERICAN RESCUE PLAN ACT (“ARPA”) REQUIREMENTS
Funding for this Agreement is allocated through American Rescue Plan Act (ARPA ); (Title VI of the Social Security Act Section 602 et seq.). The CITY will administer and distribute the funds for this Agreement in accordance with ARPA. ARPA requires that payments from the Coronavirus Fiscal Recovery Fund be used to respond to the public health emergency or its negative economic impacts, to respond to workers performing essential work during the COVID -19 public health emergency by providing premium pay, provi de government services to the extent the reduction of revenue due to COVID -19 public health emergency, and to make necessary investments in water, sewer or broadband infrastructure. It is effective beginning May 17, 2021 and ends on December 31, 2026.
Contractor acknowledges and agrees that this Agreement is subject to the federal requirements, including, but not limited to, Uniform Administrative Requirements, Cost Principles, Federal Provisions and Audit Requirements for Federal Awards, 2 Code of Federal Regulations Part 200 et seq and the federal provisions provided below:
1. NON-DISCRIMINATION. Contractor shall not be discriminate in the provision of services, allocation of benefits, accommodation in facilities, or employment of personnel on the basis of ethnic group identification, race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex in the performance of this Agreement; and, to the extent they shall be found to be applicable hereto, shall comply with the provisions of the California Fair Employment and Housing Act (Gov. Code 12900 et. seq), the Federal Civil Rights Act of 1964 (P.L. 88-352), the Americans with Disabilities Act of 1990 (42 U.S.C. S1210 et seq.) and all other applicable laws or regulations.
2. EQUAL EMPLOYMENT OPPORTUNITY/ FAIR EMPLOYMENT PRACTICES/ FEDERAL PROVISIONS. During the performance of this Agreement, Contractor shall not deny benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age, or sex. Contractor shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.
A. Contractor shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.), the regulations promulgated thereunder (California Code of Regulations, Title 2, Section 11000 et seq.), the provisions of Executive Order 11246 of Sept. 23, 1965 and of the rules, regulations, and relevant orders of the Secretary of Labor, the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Government Code, Sections 11135-11139.8), and of the rules, regulations or standards adopted by the City to implement such article.
B. Contractor shall comply with the provisions of the Copeland “Anti -Kickback” Act, 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this Agreement.
ARPA REQUIREMENTS
3. CLEAN AIR ACT. Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. Section 7401 et seq.
A. Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the California Governor's Office of Emergency Services, Federal Emergency Management Agency (FEMA), and the appropriate Environmental Protection Agency Regional Office.
B. Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.
4. FEDERAL WATER POLLUTION CONTROL ACT . Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. Sections 1251 et seq.
A. Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency (FEMA), and the appropriate Environmental Protection Agency Regional Office.
B. Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.
5. DEBARMENT AND SUSPENSION CLAUSE. This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Contractor is required to verify that none of Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
A. Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
B. This certification is a material representation of fact relied upon by the City. If it is later determined that Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City , the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
6. BYRD ANTI- LOBBYING AMENDMENT, 31 U.S.C. § 1352 (AS AMENDED)
Contractors shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the City.
APPENDIX A, 44 C.F.R. PART 18- CERTIFICATION REGARDING LOBBYING
ARPA REQUIREMENTS
The undersigned, Contractor, certifies, to the best of its knowledge, that:
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
C. The undersigned shall require that the language of this certification be included in all subcontracts and that all subcontractors shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.
CONTRACTOR
By
Date
7. PROCUREMENT OF RECOVERED MATERIALS
In the performance of this Agreement, Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired:
A. Competitively within a timeframe providing for compliance with the contract performance schedule;
B. Meeting contract performance requirements; or
C. At a reasonable price.
ARPA REQUIREMENTS
Information about this requirement, along with the list of EPA -designated items, is available at EPA’s Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program
Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.
8. ACCESS TO RECORDS
The following access to records requirements apply to this Agreement:
A. Contractor agrees to provide the City, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of Contractor which are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts, and transcriptions.
B. Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
C. Contractor agrees to provide the FEMA Administrator or his or her authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.
D. In compliance with the Disaster Recovery Act of 2018, the City and Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.
9. DEPARTMENT OF HOMELAND SECURITY SEAL, LOGO, FLAGS
Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.
10. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS
This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.
11. NO OBLIGATION BY FEDERAL GOVERNMENT
The Federal Government is not a party to this Agreement and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.
12. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS
Contractor acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to Contractor’s actions pertaining to this Agreement.
ARPA REQUIREMENTS
13. FEDERAL PREVAILING WAGE DAVIS-BACON ACT COMPLIANCE. Contractor agrees to comply with the Davis-Bacon Act (40 U.S.C. §§ 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5) as set forth below.
A. Contractor shall be bound to the provisions of the Davis-Bacon Act, and agrees to be bound by all the provisions of Labor Code section 1771 regarding prevailing wages as required by Section 9 of this Agreement. All labor on this project shall be paid neither less than the greater of the minimum wage rates established by the U.S. Secretary of Labor (Federal Wage Rates), or by the State of California Director of Department of Industrial Relations (State Wage Rates). Current DIR requirements may be found at http://www.dir.ca.gov/lcp.asp. Additionally, wages are required to be paid not less than once a week.
B. The general prevailing wage rates may be accessed at the Department of Labor Home Page at www.wdol.gov.
C. The Federal minimum wage rates for this project are predetermined by the United States Secretary of Labor. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California DIR for similar classifications of labor, Contractor and subcontractors shall pay not less than the higher wage rate. The City will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes “helper” (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by Contractor and subcontractors, Contractor and subcontractors shall pay not less than the Federal minimum wage rate which most closely approximates the duties of the employees in question.
14. CONTRACT WORK HOURS AND SAFETY STANDARDS (applicable to all contracts in excess of $100,000 that involve the employment of mechanics or laborers, but not to purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence):
A. Compliance: Contractor agrees that it shall comply with Sections 3702 and 3704 of the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701–3708) as supplemented by Department of Labor regulations (29 CFR Part 5), which are incorporated herein.
B. Overtime: No contractor or subcontractor contracting for any part of the work under this Agreement which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
C. Violation; liability for unpaid wages; liquidated damages: In the event of any violation of the provisions of paragraph B of this section, Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the provisions of paragraph B, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by paragraph B.
ARPA REQUIREMENTS
D. Withholding for unpaid wages and liquidated damages: Contractor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set for in paragraph C of this section.
E. Subcontracts: The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs A through D of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs A through D of this section.
15. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT— Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by HUD.
16. RIGHTS TO DATA AND COPYRIGHTS – Contractors and consultants agree to comply with all applicable provisions pertaining to the use of data and copyrights pursuant to 48 CFR Part
27.4, Federal Acquisition Regulations (FAR).
17. PROHIBITION ON CONTRACTING FOR COVERED TELECOMMUNICATIONS
EQUIPMENT OR SERVICES
A. Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services As used in this clause—
B. Prohibitions.
(1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after August 13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons.
(2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to:
(i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;
ARPA REQUIREMENTS
(ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;
(iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv)Provide, as part of its performanc e of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
C. Exceptions.
(1) This clause does not prohibit contractors from providing—
a. A service that connects to the facilities of a third- party, such as backhaul, roaming, or interconnection arrangements; or
b. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles
.
(2) By necessary implication and regulation, the prohibitions also do not apply to:
a. Covered telecommunications equipment or services that:
i. Are not used as a substantial or essential component of any system; and
ii. Are not used as critical technology of any system.
b. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services.
D. Reporting requirement.
(1) In the event the Contractor or a subcontractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, Contractor shall report the information in paragraph (d)(2) of this clause to the City.
(2) Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:
(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier
ARPA REQUIREMENTS
name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
E. Subcontracts. Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments.
18. REPORTING OF MATTERS RELATED TO PURCHASER (“CITY”) INTEGRITY AND
PERFORMANCE
A. General Reporting Requirement. If the total value of Purchaser’s (City’s) currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the recipient during that period of time must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. 2313 ).
As required by section 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available.
B. P roceedings Which Must Be Reported. Submit the information required about each proceeding that:
a. Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government;
b. Reached its final disposition during the most recent five-year period; and
c. Is one of the following:
(1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition;
ARPA REQUIREMENTS
(2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more;
(3) An administrative proceeding, as defined in paragraph 5. of this award term and condition, that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or
(4) Any other criminal, civil, or administrative proceeding if:
(i) It could have led to an outcome described in paragraph 2.c.(1), (2), or (3) of this award term and condition;
(ii) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and
(iii) The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations.
C. Reporting Procedures Enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition. You do not need to submit the information a second time under assistance awards that you received if you already provided the information through SAM because you were required to do so under Federal procurement contracts that you were awarded.
D. Reporting Frequency During any period of time when Purchaser (“City”) is subject to the requirement in paragraph 1 of this award term and condition, Purchaser (“City”) must report proceedings information through SAM for the most recent five year period, either to report new information about any proceeding(s) that you have not reported previously or affirm that there is no new information to report. Recipients that have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings.
E. Definitions. For purposes of this award term and condition:
a. Administrative proceeding means a non- judicial process that is adjudicatory in nature in order to make a determination of fault or liability ( e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables.
b. Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere.
ARPA REQUIREMENTS
c. Total value of currently active grants, cooperative agreements, and procurement contracts includes -
(1) Only the Federal share of the funding under any Federal award with a recipient cost share or match; and
(2) The value of all expected funding increments under a Federal award and options, even if not yet exercised.
F. This Paragraph 18 is an obligation of the Purchaser (“City”) and not Contractor.
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STAFF REPORT
DATE: OCTOBER 5, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: JOE PEREZ, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: AGENDA ITEM NO. 14.F
APPROVAL OF AN AGREEMENT WITH CIVIC SOLUTIONS FOR
CONSULTING SERVICES TO PREPARE A CITYWIDE CORRIDORS
PLAN
______________________________________________________________________
RECOMMENDATION
By motion, that the City Council approve the attached Agreement for Consulting Services with Civic Solutions for planning services fo r the Citywide Corridors Plan in an amount not to exceed $657,998 and authorize the City Manager to sign the Agreement on the City Council’s behalf.
BACKGROUND
At its February 16, 2023 meeting, the City Council directed the preparation of a comprehensive plan for the major corridors in the City, which will require the services of a qualified professional consultant team. To date, most of the City’s major corridors are arterial or major collector streets or expressways that are built to Riverside County standards, whose prim ary function is to move traffic. Under the County, the design of these roadways did not necessarily consider how streets that pass through the various communities and centers within the City should function. Accordingly, over the past several decades, the appearance and function of these roadways are increasingly stripping away original rural character and unique identities of the places they serve. In a few cases, stretches of some corridors have been improved or still retain their ori ginal rural coun try road character that reflect Jurupa Valley’s identity as a “semi -rural community of communities” as envisioned in the General Plan. However, the City has yet to define its own street standards. And much of the City’s existing street network (built before City incorporation) is pavement, with little consideration for aesthetics or functions of the network other than for moving traffic.
The 2017 General Plan took the first step tow ards creating more appropriate C ity street standards by classifying the City’s major streets as various types of “Mobility Corridors .”
RETURN TO AGENDA
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Mobility Corridors, as defined in the General Plan, are intended to be multi -modal and include a range of transportation uses possible in the entire right -of-way, not just the paved roadway and travel lanes. The Mobility Corridor policies in the General Plan provide design guidance and are intended to work with the conventional roadway cross sections, which are the Riverside County standards that are incorporated into the General Plan. The General Plan allows for more flexibility in deviating from the County standards so that future roadway improvements focus more on complete streets and do not adversely impact the rural community character.
The General Plan includes a program to prepare a corridors master plan with more detailed street design guidance. This proposed Citywide Corridors Plan will create typical street standards for the City, as well as focus on a full palette of streetscape improvements at focused locations to implement the City’s beautification goals.
In recent months, the City has been the recipient of new funding sources that are eligible to be used to address the appearance and function of its major transportation corridors.
This presents a timely opportunity to prepare a Citywide Corridors Plan that includes schematic designs for these primary public spaces of Jurupa Valley, which will improve not only the appearance of the City’s corridors, but will also improve their safety a nd performance for the full range of mobility modes and users . In addition , it will help to attract new economic development and advance the General Plan’s vision of Jurupa Valley as a semi-rural community of distinct communities.
The intent of this planning effort is to take a holistic approach that considers the ultimate configuration of the roadways and all of the improvements that will be needed, inc luding street trees and signage. This initiative would also focus and target the investments needed to have maximum influence on the overall appearance of the City. The Citywide Corridors Plan will define streetscape and beautification plans for several major corridors, including landscape and street furnishing designs, as well as branding, identity, an d wayfinding systems that reflect the unique identity of Jurupa Valley and each of its constituent communities.
ANALYSIS
Redefining How We Measure the Success of Streets
The Citywide Corridors Plan presents an opportunity to address the functional and aesthetic characteristics of the City’s major corridors, rather than view ing our streets solely as transportation infrastructure that moves cars around. Preparing a long -range plan for the City’s major corridors will provide customized Jurupa Valley Street Standards that can accommodate the necessary vehicular traffic while also supporting pedestrian, transit, bicycle, and equestrian modes, and reflect the community`s semi-rural character.
The intent of this plan is to go be yond simply adding landscaping and signage to the existing wide, high -speed suburban arterial streets . R ather, this Plan offers the opportunity to consider how targeted adjustments to the lane configurations, medians, sidewalks, stormwater management facilities, and tree canopies of selected segments of these streets might significantly improve the safety and comfort of all users of the street, and contribute to the making of places where people want to spend time with friends and family. Additionally, the timing of starting such a plan , while the City is preparing the
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Pedley Town Center Plan, will allow for synergistic thinking about how the major corridors function as they pass through the City’s Town Centers, residential neighborhoods, industrial and commercial districts, and rural open space areas.
With this Plan, there is opportunity to redefine how the City measures the success of a public roadway. With Complete Streets and more recent shifts in transportation planning, we are no longer designing streets solely to move large numbers of vehicles as efficiently as possible, in isolation from the land uses on either sid e of the street. Rather, cities are rediscovering the benefits of designing safe and livable streets that balance the needs of all users and provide other benefits such as:
Public Safety: Street design needs to promote safe environments for all users and the design can offer healthy choices that facilitate active transportation, such as walking, cycling, and using public transit. Streets can encourage social interaction and designs that offer natural surveillance and help build stronger, safer communities.
Healthy Living: How streets are designed can also facilitate walking and outdoor activities, improve equitable access to healthy food options, mitigate noise levels, and provide landscaping and trees that improve air and water quality. Quality of Life: The visual appeal of the street contributes to overall quality of life and great streets attract people and business.
Economic Sustainability: Street improvements that increase safety, improve public realm quality, and welcome multimodal use have positive economic effects such as high-quality business attraction/ retention, higher retail sales and increased property values. Investment in streets has long-term economic benefits. Environmental Sustainability: How streets are designed can have environmental benefits. Promoting sustainable transportation modes through well- designed streets can lower carbon emissions and improve overall air quality.
Incorporating trees and landscaping can improve water management, foster biodiversity, and increase access to the natural environment. Social Equity: Streets are the largest area of public space in most cities, and serve all members of the community. Well-designed streets that serve a variety of modes increases equitable access to jobs and schools, increases healthy living choices, and encourages strong communities.
The Citywide Corridors Plan will address all of these facets of our public streets in Jurupa Valley.
Process and Team
To realize street and streetscape design and implementation for the City’s major transportation corridors, a three-phased approach is recommended:
Phase 1: Citywide Corridors Plan
Phase 2: Construction Documents
Phase 3: Construction Administration
The focus of this project is Phase 1, Citywide Corridors Plan, however the team we have assembled would be able to see the process through all three phases if desired.
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This approach to first prepare a comprehensive plan at a cit ywide scale that not only implements General Pl an policy, but will ensure the C ity targets its investments and makes the best use of its potential funding sources. The installation of street trees or other beautification improvements on their own, in the absence of a more comprehensive plan, could have the undesired effect of having the initial investment be short lived when the improvements need to be removed to accommodate street widening, other infrastructure, or other improvements. Rather, a more holist ic approach is proposed that considers the ultimate configuration of the roadways and all of the improvements that will be needed .
Therefore, this effort will engage a multi-disciplinary team of specialists in planning, transportation, landscape design, si gnage and branding, civil engineering, sustainable infrastructure, and community engagement:
Civic Solutions, Inc. as contract planning staff for the City of Jurupa Valley, will be responsible for project management, coordination with City staff, lead planners, and community outreach and engagement.
Sargent Town Planning will lead the town planning and design work, and the preparation of the Corridors Plan document.
Fong Hart Schneider + Partners is a landscape architecture firm that has been collaborating with Sargent Town Planning for over a decade on streetscape and urban design projects of many types. They will collaborate with the team to define an appropriate palette of landscape materials, designs, and themes that express the City`s semi-rural town character.
Fehr & Peers will provide transportation and mobility consulting services, working with the team to identify opportunities, constraints, strategies, and designs for a street and trail network that meets the functional and community design character requirements of an all-mode backbone mobility network for the entire city. Graphic Solutions will take the lead in crafting a comprehensive graphic program that includes branding, identity, and wayfinding for the identified major corridors, gateways, and centers throughout the City. They will prepare a complete conceptual design package, along with conceptual cost estimates for each type of signage element. They can also contribute cost information to capital projects cost estimates.
Proactive Engineering Consultants is a civil engineering firm that will work with the team in understanding the nature and cost of any street improvement work that is recommended as part of the project. Based in Corona, they are experienced in all aspects of street and infrastructure design, and will assist the team in defining the scope and probable construction costs of potential capital improvement projects that may be associated with Corridor Plan implementation. The team also includes engineering input from Paul Crabtree, a civil engineer who collaborates with our team regularly, and who specializes in authentic rural infrastructure.
The consultant team will work together with City staff, including the City Manager’s Office, Community Development, and Public Works/Engineering . See Attachment 1 for qualifications of each consulting firm/team member.
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Scope of Work
This scope of work for Phase 1, preparation of a master plan for the City’s major corridors, is outlined below , described in detail in the attached proposal (Attachment 1) , and is estimated to take approximately 12 months.
The Citywide Corridors Plan will address and provide recommendat ions for corridor transformation from suburban to semi-rural and town center environments to better reflect the character of Jurupa Valley . The plan will include street cross -sections, plan view designs for focus areas, and 3D renderings of key locations to illustrate the transformation. The cross sections for each corridor segment will be typical, for purposes of establishing a comprehensive program of design so lutions appropriate to the project, as well as “Special Designs” for key nodes, intersections, and gateways. Within the areas of focus, likely the Town Centers, 20% schematic design in plan-view will be included.
The Citywide Corridors Plan proposes to address the following major streets (note: these may be refined following discussions with City staff once work begins on identifying existing roadway conditions):
Mission Boulevard: Significant community identity, place -making, and multimodal improvement opportunities in Rubidoux, Glen Avon, and potentially at other nodes as well.
Rubidoux Boulevard: A very important gateway from the 60 freeway into Rubidoux and Jurupa Valley. It is also one of very few non-freeway corridors that connects Jurupa Valley northward to Bloomington and then to Rialto and Fontana.
The segment from the 60 freeway to Mission in particular deserves careful consideration.
Limonite Avenue: Similar opportunitie s to Mission Boulevard in Rubidoux and Pedley, along with the potential to contribute to new places west of Pedley, from Etiwanda Avenue to the I-15 freeway.
Van Buren Boulevard: Opportunities for aesthetic improvements, but perhaps fewer for multimodal mo bility or integration with surrounding land uses due to its
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design and role as a highway of almost freeway -like character. It is nonetheless an important through route for motorists and train passengers, and as such could contribute to a distinct and memorable image for Jurupa Valley. Bellegrave Avenue: Is likewise an important through route, with some potential for community activity centers at Bush Street, Etiwanda Avenue, and Wineville Avenue.
Etiwanda Avenue: Is an important north-south regional thoroughfare, connecting the San Bernardino Mountain foothills in Rancho Cucamonga southward along the easterly edge of Ontario, and through Jurupa Valley terminating on the north bank of the Santa Ana River. Existing and potentially significant centers of commun ity activity at various scales are located at its intersections with Cantu Galleano Ranch Road, Bellegrave Avenue, Jurupa Road, 58th Street, Limonite Avenue, and of course the Santa Ana River.
Jurupa Road: Runs through the center of town and represents one of the few opportunities in Jurupa Valley to conserve an authentic country road as such, and to provide addresses for smaller scale community-serving retail, recreational, and civic uses and amenities.
Camino Real: Finally, Camino Real is the only north-south through route between Rubidoux and Pedley, connecting Limonite Avenue to Pedley Road and Mission Boulevard. Particularly significant placemaking opportunities appear to exist near its intersections with Limonite Avenue and Pedley Road.
ENVIRONMENTAL REVIEW
In approving the General Plan in 2017, the City Council certified the Jurupa Valley 2017 General Plan Programmatic Final Environmental Impact Report (EIR) (SCH No. 2016021025) in accordance with the CEQA. Pursuant to CEQA Guidel ines Section 15164, the City would need to review the Citywide Corridors Plan against the 2017 EIR and determine if the EIR adequately addresses all the environmental issues associated with the project. If it is determined that the proposed project would not result in any new significant impacts on the environment based upon the analysis and conclusions presented in the 2017 EIR, and that previously identified significant impacts would not be substantially more severe than shown in the previous EIR, staff would likely prepare an EIR Addendum for the Citywide Corridors Plan . Unlike an EIR, an Addendum is not required to be circulated for public review.
FINANCIAL IMPACT
Funding for the Citywide Corridors Plan will come from the American Rescue Plan Act (ARPA) funds allocated for road improvements ($20 million). A total amount of $657,998 was already budgeted for the Citywide Corridors Plan.
SUMMARY
Preparation of a comprehensive Citywide Corridors Plan will:
Implement General Plan Mobility Element Program 1.1.1 to prepare a Corridors Master Plan with detailed design guidance.
ATTACHMENT 1
Professional Services Agreement with Civic Solutions
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12774-0001\2868044v1.doc
AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF JURUPA
VALLEY AND CIVIC SOLUTIONS FOR THE PREPARATION OF A CITYWIDE
CORRIDOR PLAN
(PROFESSIONAL SERVICES OTHER THAN PUBLIC WORKS)
THIS AGREEMENT is made and effective as of October 5, 2023, between the City of Jurupa Valley (“City”) and Civic Solutions, Inc., a California corporation (“Consultant” ). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. Term
This Agreement shall commence on October 5, 2023, and shall remain and continue in effect until tasks described herein are completed in accordance with the Scope of Services, but in no event later than April 30, 2025, unless sooner terminated pursuant to the provisions of this Agreement.
2. Services
Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. Performance
Consultant shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.
4. P
ayment
A. The City agrees to cause Consultant to be paid monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Schedule of Fees and Payments, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Six Hundred Fifty-Seven Thousand Nine Hundred Ninety-Eight Dollars ($657,998.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
B. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Council.
C. Consultant shall submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant’s fees it shall give written 1 -2-
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notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice.
5. Suspension or Termination of Agreement Without Cause A. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall imme diately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
B. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4.
6. Default of Consultant
A. The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant ’s control, and without fault or negligence of the Consultant, it shall not be considered a default.
B. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he or she shall serve the Consultant with written notice of the default. The Consultant shall have (10 ) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance.
In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
7. Ownership and Maintenance of Documents
A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities 1 -3-
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related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of two (2) years after receipt of final payment.
B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect t o computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City Manager, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
8. Indemnification.
Consultant shall defend, hold harmless and indemnify the City , its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials (collectively “Indemnitees”) with respect to any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys ’ fees and costs of defense (collectively, “Claims” hereinafter), including but not limited to, Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to acts or omissions of Consultant or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the negligence or willful misconduct of the City, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City’ s choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant’s duty to defend pursuant to this Section shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions or Indemnitees.
9. Insurance Requirements.
A. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
1) Minimum Scope of Insurance. Coverage shall be at least as broad as:
a) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88.
b) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non- owned auto endorsement to the General Liability policy described above is acceptable.
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c) Worker’s Compensation insurance as required by the State of California and Employer ’s Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker ’s compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. d) Property Damage insurance covering risks of fire, water damage, vandalism, earthquake, flooding and other perils. e) Professional liability insurance shall be written on a policy form providing professional liability for Consultant’s profession. 2) Minimum Limits of Insurance . Consultant shall maintain limits no less than:
a) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage.
c) Worker’s Compensation as required by the State of
California; Employer’s Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
d) Professional liability insurance in the amount of one million dollars ($1,000,000) per claim and in the aggregate.
3) Deductibles and Self-Insured Retentions. Any deductibles or self - insured retentions shall not exceed $25,000 unless otherwise approved in writing by the City Manager in his sole discretion.
B. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City, its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials (“Additional Insured”) shall be covered as insured’s as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant ; or automobiles owned, leased, hired or borrowed by the Consultant . The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds.
2) For any claims related to this project, the Consultant ’s insurance coverage shall be primary insurance as respects the Additional Insureds. Any insurance or self - 1 -5-
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insured maintained by the Additional Insureds shall be excess of the Consultant ’s insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds.
4) The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer ’s liability.
5) Each insurance policy required by this clause shall be endorsed to state that the insurer shall endeavor to provide thirty (30) days ’ prior written notice, by certified mail, return receipt requested, to the City prior to any action to suspend, void, cancel or otherwise reduce in coverage or in limits.
6) Within one (1) business day following receipt by Consultant of any notice correspondence or notice, written or oral, of an action or proposed action to suspend, void, cancel or otherwise reduce in coverage or in limits of the required insurance, Consultant shall notify City of such action or proposed action.
C. First Dollar Coverage. All policies required of Consultant must be written on a first-dollar coverage basis.
D. No Subrogation. All policies shall prohibit subrogation against the City, its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials.
E. Acceptability of Insurers . Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A -:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements.
F. Verification of Coverage . Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by or acceptable to the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City’ s forms, the Consultant’s insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
G. Modifications. City Manager may, with the consent of the City Attorney, waive the provisions of this paragraph or provided for other forms of insurance as may be necessary to enable the City to receive adequate insurance protection as contemplated in this section.
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10. Independent Contractor
A. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant ’s exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant ’s officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
11. Legal Responsibilities
The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.
12. Confidentiality; Release of Information
A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’ s prior written authorization.
B. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “ voluntary” provided Consultant gives City notice of such court order or subpoena.
13. Assignment
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. City consents to the use of the sub-consultants described in Exhibit A to this Agreement provided the costs of such sub- consultants shall be borne by the Consultant and shall not exceed the costs described in Paragraph 5 of this Agreement.
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14. General Provisions
A. Notices
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by ( i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the t hird business day following deposit with the document delivery service or United States Mail as provided above.
To City: City of Jurupa Valley
8930 Limonite
Jurupa Valley, CA 92509
Attention: City Manager
To Consultant: Civic Solutions, Inc.
27362 Calle Arroyo
San Juan Capistrano, CA
Attention: Thomas G. Merrell
B. Licenses. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.
C. Governing Law; Venue
1) The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 2) Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Jurupa Valley. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court ’s judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.
D. Prohibited Interest. No officer, or employee of the City of Jurupa Valley who has participated in the development of this Agreement or its administration shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant’s sub -contractors, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City Council or City of Jurupa Valley has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Consultant or Consultant ’s sub -Consultants on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 1 -8-
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E. Entire Agreement. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement, except for those certain agreements between the City and Consultant dated as of June 21, 2012, June 6, 2013, June 19, 2014, June 18, 2015, June 16, 2016, April 19, 2018, June 17, 2021, and May 18, 2023. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.
F. Time is of Essence. In carrying out the provisions of this Agreement, both parties acknowledge and agree that time is of the essence.
G. Authority To Execute This Agreement. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF JURUPA VALLEY
Rod B. Butler
City Manager
ATTEST:
Victoria Wasko, CMC
City Clerk
APPROVED AS TO FORM
Peter M. Thorson
City Attorney
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CONSULTANT
By:
Name: Thomas G. Merrell
Title: President
By:
Name:
Title:
[NOTE: If Contractor is a corporation, the corporation must be represented by two individuals who shall execute this Agreement on behalf of the corporation as follows: (A) one from the corporation's "Operational Group" (Chair of the Board, President, or a Vice -President) and; (B) one from the corporation's "Financial Group" (Secretary, Assistant Secretary, Chief Financial Officer, Treasurer or Assistant Treasurer). See California Corpora tions Code section 313. A corporate resolution designating an individual officer to execute agreements on behalf of the corporation will be accepted.
If the Contractor is a limited liability company, then the managing member shall represent the Contractor and execute the Agreement on behalf of the limited liability company. If the Contractor is a partnership, the managing partner shall execute the Agreement on behalf of the partnership.]
ATTACHMENT 1
Professional Services Agreement with Civic Solutions
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AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF JURUPA
VALLEY AND CIVIC SOLUTIONS FOR THE PREPARATION OF A CITYWIDE
CORRIDOR PLAN
(PROFESSIONAL SERVICES OTHER THAN PUBLIC WORKS)
THIS AGREEMENT is made and effective as of October 5, 2023, between the City of Jurupa Valley (“City”) and Civic Solutions, Inc., a California corporation (“Consultant” ). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. Term
This Agreement shall commence on October 5, 2023, and shall remain and continue in effect until tasks described herein are completed in accordance with the Scope of Services, but in no event later than April 30, 2025, unless sooner terminated pursuant to the provisions of this Agreement.
2. Services
Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. Performance
Consultant shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.
4. P
ayment
A. The City agrees to cause Consultant to be paid monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Schedule of Fees and Payments, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Six Hundred Fifty-Seven Thousand Nine Hundred Ninety-Eight Dollars ($657,998.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
B. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Council.
C. Consultant shall submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant’s fees it shall give written 1 -2-
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notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice.
5. Suspension or Termination of Agreement Without Cause A. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall imme diately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
B. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4.
6. Default of Consultant
A. The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant ’s control, and without fault or negligence of the Consultant, it shall not be considered a default.
B. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he or she shall serve the Consultant with written notice of the default. The Consultant shall have (10 ) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance.
In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
7. Ownership and Maintenance of Documents
A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities 1 -3-
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related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of two (2) years after receipt of final payment.
B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect t o computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City Manager, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
8. Indemnification.
Consultant shall defend, hold harmless and indemnify the City , its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials (collectively “Indemnitees”) with respect to any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys ’ fees and costs of defense (collectively, “Claims” hereinafter), including but not limited to, Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to acts or omissions of Consultant or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the negligence or willful misconduct of the City, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City’ s choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant’s duty to defend pursuant to this Section shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions or Indemnitees.
9. Insurance Requirements.
A. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
1) Minimum Scope of Insurance. Coverage shall be at least as broad as:
a) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88.
b) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non- owned auto endorsement to the General Liability policy described above is acceptable.
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c) Worker’s Compensation insurance as required by the State of California and Employer ’s Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker ’s compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. d) Property Damage insurance covering risks of fire, water damage, vandalism, earthquake, flooding and other perils. e) Professional liability insurance shall be written on a policy form providing professional liability for Consultant’s profession. 2) Minimum Limits of Insurance . Consultant shall maintain limits no less than:
a) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage.
c) Worker’s Compensation as required by the State of
California; Employer’s Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
d) Professional liability insurance in the amount of one million dollars ($1,000,000) per claim and in the aggregate.
3) Deductibles and Self-Insured Retentions. Any deductibles or self - insured retentions shall not exceed $25,000 unless otherwise approved in writing by the City Manager in his sole discretion.
B. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City, its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials (“Additional Insured”) shall be covered as insured’s as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant ; or automobiles owned, leased, hired or borrowed by the Consultant . The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds.
2) For any claims related to this project, the Consultant ’s insurance coverage shall be primary insurance as respects the Additional Insureds. Any insurance or self - 1 -5-
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insured maintained by the Additional Insureds shall be excess of the Consultant ’s insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds.
4) The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer ’s liability.
5) Each insurance policy required by this clause shall be endorsed to state that the insurer shall endeavor to provide thirty (30) days ’ prior written notice, by certified mail, return receipt requested, to the City prior to any action to suspend, void, cancel or otherwise reduce in coverage or in limits.
6) Within one (1) business day following receipt by Consultant of any notice correspondence or notice, written or oral, of an action or proposed action to suspend, void, cancel or otherwise reduce in coverage or in limits of the required insurance, Consultant shall notify City of such action or proposed action.
C. First Dollar Coverage. All policies required of Consultant must be written on a first-dollar coverage basis.
D. No Subrogation. All policies shall prohibit subrogation against the City, its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials.
E. Acceptability of Insurers . Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A -:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements.
F. Verification of Coverage . Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by or acceptable to the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City’ s forms, the Consultant’s insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
G. Modifications. City Manager may, with the consent of the City Attorney, waive the provisions of this paragraph or provided for other forms of insurance as may be necessary to enable the City to receive adequate insurance protection as contemplated in this section.
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10. Independent Contractor
A. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant ’s exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant ’s officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
11. Legal Responsibilities
The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.
12. Confidentiality; Release of Information
A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’ s prior written authorization.
B. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “ voluntary” provided Consultant gives City notice of such court order or subpoena.
13. Assignment
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. City consents to the use of the sub-consultants described in Exhibit A to this Agreement provided the costs of such sub- consultants shall be borne by the Consultant and shall not exceed the costs described in Paragraph 5 of this Agreement.
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14. General Provisions
A. Notices
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by ( i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the t hird business day following deposit with the document delivery service or United States Mail as provided above.
To City: City of Jurupa Valley
8930 Limonite
Jurupa Valley, CA 92509
Attention: City Manager
To Consultant: Civic Solutions, Inc.
27362 Calle Arroyo
San Juan Capistrano, CA
Attention: Thomas G. Merrell
B. Licenses. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.
C. Governing Law; Venue
1) The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 2) Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Jurupa Valley. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court ’s judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.
D. Prohibited Interest. No officer, or employee of the City of Jurupa Valley who has participated in the development of this Agreement or its administration shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant’s sub -contractors, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City Council or City of Jurupa Valley has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Consultant or Consultant ’s sub -Consultants on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 1 -8-
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E. Entire Agreement . This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement , except for those certain agreements between the City and Consultant dated as of ___July 1, 2018______________. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’ s own independent investigation of any and all facts such party deems material.
F. Time is of Essence. In carrying out the provisions of this Agreement, both parties acknowledge and agree that time is of the essence.
G. Authority to Execute this Agreement. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF JURUPA VALLEY
__________________, Mayor
ATTEST:
Victoria Wasko, CMC
City Clerk
APPROVED AS TO FORM
Peter M. Thorson
City Attorney
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CONSULTANT
By:
Name: Thomas G. Merrell
Title: President
By:
Name:
Title:
[NOTE: If Contractor is a corporation, the corporation must be represented by two individuals who shall execute this Agreement on behalf of the corporation as follows: (A) one from the corporation's "Operational Group" (Chair of the Board, President, or a Vice -President) and; (B) one from the corporation's "Financial Group" (Secretary, Assistant Secretary, Chief Financial Officer, Treasurer or Assistant Treasurer). See California Corpora tions Code section 313. A corporate resolution designating an individual officer to execute agreements on behalf of the corporation will be accepted.
If the Contractor is a limited liability company, then the managing member shall represent the Contractor and execute the Agreement on behalf of the limited liability company. If the Contractor is a partnership, the managing partner shall execute the Agreement on behalf of the partnership.]
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EXHIBIT A
SCOPE OF SERVICES
15. Proposed Scope of Services for Phase 1: Citywide Corridors Plan The scope of services for preparation of the Citywide Corridors Plan is organized under the following three major tasks: Project Initiation and Analysis; Community Engagement and Conceptual Design; and Citywide Corridors Plan.
All deliverables will be provided in digital format – most as PDFs, with some in Microsoft Word or Excel formats – via Dropbox or comparable file-sharing system. Maps will be prepared in GIS, AutoCAD and/or Adobe Illustrator. The Corridors Plan document will be produced utilizing Adobe Creative Suite and delivered as a high-resolution PDF suitable for two-sided color printing, and also as an Interactive PDF intended for viewing on a computer screen and posting to the web.
In the interest of cost savings efficiency, the following qualifiers apply to this scope of services:
• The majority of meetings with City staff – and some stakeholder interviews – will be virtual. • Team representatives will attend community workshops and public meetings in person, although some team members may participate in some sessions virtually/remotely. • City staff will provide noticing and logistics support for community engagement, including stakeholder interviews, workshops, meetings, and website maintenance and updates. • City staff will provide translation support as needed for all engagement efforts. Civic Solutions can provide bilingual support as needed for an additional cost. • The City’s GIS contractor will provide GIS files to the consultant team as needed, and assist with the provision of GIS data as needed.
Task 1 – Project Initiation and Analysis
1.1 Document Collection and Initial Review: The Team will coordinate with City staff to collect all relevant background documents, including but not limited to the General Plan, any relevant Specific Plans, existing street standards, recently designed and/or implemented streetscape improvements, existing collision data, existing traffic volumes, projected traffic volumes, any existing landscape or street tree plans, and any existing municipal signage programs or criteria. The Team will conduct an initial review of these documents in advance of a kickoff event, to ensure a productive kickoff and initial discussions with the City.
The General Plan and Specific Plan review will focus on street and public space design, but will also address planned land uses along the corridors to identify opportunities for the corridors to provide improved multimodal access to adjacent properties in patterns and designs that reflect and support Jurupa Valley’s semi-rural community image and aspirations.
Deliverables: Preliminary base map of corridors, and preliminary overview of key vision and policy from the General Plan and other plans that are relevant to the Corridors Plan. These will be primarily in PowerPoint format, with maps in PDF.
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1.2 Kickoff Event: The Team will join City staff for a half-day or full-day kickoff event in Jurupa Valley. We recommend that the day include a meeting or meetings at City Hall with key City staff, and a driving tour of the major corridors. A primary objective of the tour will be to confirm the general extent of the Corridors Plan, and to discuss at a high level the opportunities for beneficial change represented by each segment and each center or node of each corridor. We will also focus on opportunities and constraints affecting potential City and community branding and signage. Prior to the tour we will have prepared base maps, the tour route, and a high-level overview of existing vision and policy for each corridor per the General Plan and other plans.
Deliverables: Base maps in advance, and notes from kickoff event.
1.3 Background and Existing Conditions Analysis: Based on the initial document review in Task 1.1 and discussions and the tour in Task 1.2, the Team will complete our review of background information and prepare an organized overview of existing conditions. We will complete a planning level base map of the city, based on GIS data provided by the City and available aerial photography.
During the kickoff tour and on the previous and/or following day, we will systematically photograph the existing conditions along each corridor, including images of the street itself, key vistas from the street into adjoining properties, and open spaces. We will then compile a well-organized corridor-by-corridor “image tour” of the major corridors as a PowerPoint presentation, keyed to the base map. We find that such a comprehensive photographic survey has the potential to help all participants in the planning process to see the City “with fresh eyes,” often noticing characteristics – both positive and negative – that are often overlooked in daily life.
A primary purpose of this analysis will be to reveal opportunities for new streetscape design elements to help each corridor evolve toward the “semi-rural small-town” future mentioned in the General Plan. As we compile and develop the “image tour,” we will note location by location key vision or direction from the General Plan or Specific Plans that might be reinforced through streetscape and public space design. This will include identification of key nodes or gateways where a street is approaching or entering an existing or planned town center, where it is passing by or overlooking vistas of the Santa Ana River or other natural open space, where it is passing residential neighborhoods or communities, and where it is passing by existing or planned employment centers or other economic development opportunities.
The Team will provide the presentation(s) to City staff for review, will meet with staff to review and discuss their comments and requests for revisions, and will update the presentation(s) as requested.
The Team will request, through the City, access to the SCAG REAP StreetLight data portal.
We have budgetted eight hours of staff time to utilize this data set to pull estimates of existing traffic volumes on study corridors, estimmates of heavy vehicle volumes along each corridor, as well as origins/destinations of people using each of these corridors. This information will prove helpful un understanding who uses these corridors and why they use them.
Deliverables: Updated base map of corridors, and more complete overview of key vision and policy from the General Plan and other plans that are relevant to the Corridors Plan. These
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will be primarily in PowerPoint format, with maps in PDF. Notes from additional meetings with City staff will also be included.
Task 2 – Community Engagement and Conceptual Design
2.1 Stakeholder Interviews and Community Survey: The Team will work closely with City staff to identify key community members with whom interviews will be conducted to gain an initial understanding of key community concerns, hopes, opportunities, and challenges.
Such interviews or meetings may be conducted with individuals or small groups, which we expect would include property owners, business owners, resident and civic organization representatives, City staff, City officials, and others.
Depending on the interviewee(s), one or several consultant Team members will attend the interview(s) in person and/or virtually. In many cases we find it helpful to share with interviewees some of the background analysis prepared in Task 1.3, to inform and encourage discussion of emerging issues and opportunities. The Team will compile summaries of topics discussed and viewpoints expressed, in general without associating specific points of view or remarks with any individual or group. We find that by offering people such anonymity, it is often possible to elicit very frank input early in the process, which is often very helpful in developing practical strategies for beneficial change and strategic conservation that can garner enthusiastic community support.
As part of this task, Graphic Solutions will meet with key City officials, City staff, property owners, and members of the business community to discuss the City’s sense of its image and identity, to begin to identify themes and elements that should be part of its graphic branding and place-making identity. These meetings will be an integral part of the stakeholder engagement process.
Concurrent with and following the stakeholder interviews, we will conduct an online community survey. The survey will present photographs of existing conditions within the Corridors, and likely also imagery of other comparable corridors with different design characteristics, to enable respondents to express their preferences for the future of Jurupa Valley’s corridors. At this early stage of the work, questions will generally be posed in an open-ended fashion, simply asking people what they like, what they don’t like, what they hope Jurupa Valley will look like in the future, and how these corridors might better support the ways they want to live, work, shop, play, and move around in Jurupa Valley.
2.2 Initial Concepts: Based on input received in stakeholder interviews, the Team will prepare a series of initial conceptual diagrams of potential strategies for enhancing each corridor, including its intersections with smaller streets, trails, and public open spaces. These diagrams will be supplemented with photography of potential streetscape designs, environmental graphics, and street furnishings that might contribute to the authentic semi- rural small-town environment of each corridor as it passes through the neighborhoods, centers, and open spaces as one moves across town.
Initial concepts will focus on illustrative plan diagrams and street cross-sections, showing potential new landscape elements, signage and environmental graphics, and lighting and street furniture elements and systems at key locations along each corridor. Concepts will be typical, for purposes of establishing a comprehensive program of design solutions appropriate to the project. These will include initial suggestions for the “Typical Design” for
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each corridor as well as “Special Designs” for key nodes, intersections, and gateways.
Specific to signage and branding, the preliminary concept designs will reflect recommended treatments for the following elements (list to be refined as appropriate with City staff). • Gateways to Jurupa Valley and Town Centers
• Intersections and Key Nodes (including Town Centers)
• Trail and park identification
• Trail and park wayfinding samples and considerations
• Metrolink Transit identification
• Metrolink Transit wayfinding samples and considerations • Parking identification
• Parking wayfinding samples and considerations
• Active transportation identification
• Key attractions identification
• Key attractions wayfinding samples and considerations • Temporary (event) signage, banner samples, and considerations • Digital signage
• Pedestrian kiosks, wayfinding and interpretive sign samples, and considerations • Facility identifications
These initial illustrations will also include the frontages of adjacent development, so that the corridor “passing through” each place may be seen in relation to the place itself. We find that exploring the “place-making potential” of each street in key activity nodes and gateways is a strong strategy for enhancing the unique design character, value, and economic development potential of each node along each corridor. Such initial concepts will be merged with the previously prepared Image Tour presentation and submitted to the City for review and comment.
2.3 Discovery Workshop: In an initial public workshop (which may be in the form of a publicly noticed Joint City Council/Planning Commission study session) the Team will share the scope and purpose of the Corridors Plan effort, a summary of the information developed in previous tasks, high-level initial concepts that address the goals, and concerns identified to date, and then will invite community discussion, input, and feedback. The workshop will likely include some combination of small-group discussions, live polling of participants on a range of issues, and mapping exercises in which participants are invited to identify places they love and places they do not, and to start to think conceptually about improvements to better connect existing places and community assets.
All workshop materials, including presentations, polls, and any other generated content, could be posted to the City’s website to allow others who could not attend the workshop to view and provide feedback.
2.4 Conceptual Corridors Plan Framework: Based on the input received in the Discovery Workshop and on direction from City staff, the Team will work collaboratively to define a conceptual design for the typical condition of each major corridor, including design characteristics and elements that would unify the entire corridor, and characteristics, elements, and configurations that would distinguish key segments, nodes, and gateways one from the other.
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Using Mission Boulevard as an example to help clarify this approach, we would anticipate that as one crosses the Santa Ana River from the east and enters Jurupa Valley, the corridor design and signage could make it clear that one is entering the City of Jurupa Valley, and the Rubidoux area specifically. Design elements would make it equally clear when one is leaving Rubidoux, by defining a “typical” Mission Boulevard character that would begin to change subtly in approach to and entry into Glen Avon. Then the transition to Bellegrave would be marked, as well as perhaps entry into and passage through smaller nodes or centers at key intersections as one continues west to the I-15, which would clearly be a gateway of some significance for those approaching on the freeway or from Eastvale and Ontario. a. The Team will work with City staff to schedule the first of two working meetings with City staff in Jurupa Valley in which we will present and discuss the initial concepts. We anticipate that this meeting will include City staff from the planning, public works, economic development, and City Manager departments, to enable a robust discussion of opportunities, challenges, and trade-offs represented by alternative approaches.
The goal of these discussions – and the Citywide Corridors Plan overall – will be to confirm the typical street section and design theme for each of the six major corridors, and confirm the locations and general character of key Gateways, Centers, and other Nodes along them. Initial concepts for each node will be presented for discussion. b. Based on the input and direction received in the above meetings and in follow-up virtual meetings and correspondence, the Team will refine the typical conceptual designs for each corridor and flesh out conceptual designs for key Gateways, Centers, and other Nodes. An updated conceptual design package – in PowerPoint and PDF – will be delivered to the City staff for review. We anticipate that this will include targeted recommendations for land use and/or development standards refinements in selected locations, to further the goals of the General Plan, more effectively reflect the unique identity of each corridor and each place, and to better leverage the value and economic development potential of new City investment in the Corridors. c. The Team will then work with City staff to schedule a second working meeting to review the updated material. Like the first such meeting, we anticipate that this meeting will include City staff from Community Development, Public Works, and Economic Development, and the City Manager’s office, to enable robust discussion of the aesthetics, wayfinding, placemaking, and functional characteristics of the designs for each Corridor and each Gateway, Center, and other Node. d. Based on the input and direction received in the second working meeting, the Team will further refine the designs for each Corridor Typical Design and further flesh out conceptual designs for key Gateways, Centers and other Nodes. A revised updated conceptual design package – in PowerPoint and PDF – will be delivered to City staff for review.
2.5 Vision Workshop: In a format similar to that of the Discovery Workshop – whether in- person and/or virtual – the Team will present the Conceptual Plan alternatives and related materials for community comment, feedback, and discussion. The presentation will begin with a short overview of the material presented in the Discovery Workshop and a summary of feedback received, as the foundation for the vision alternatives being presented.
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2.6 Preferred Alternative Framework Plan: Based on the conceptual alternatives presented and community input received from the Vision Workshop, and based on subsequent direction from City staff, the Team will refine and integrate the preferred concepts and elements of the initial alternatives into a single Corridors Framework Plan. This Plan will set the Typical Design for each Corridor, the Special Designs for each identified Gateway, Center, and other Nodes. It will also include recommendations for related adjustments to land use type and intensity, development standards, and unique community character. We will prepare a new PowerPoint presentation that presents this Framework, along with illustrations and photographs clarifying the key elements, spaces, and places within the Plan. We will deliver this to City staff and then conduct a virtual or in-person meeting with City staff to review and discuss the Framework Plan.
2.7 20% Design for Focused Areas (Town Centers): After the concepts have received positive feedback, concept designs will be prepared for focused areas of the City, which are the three Town Centers identified in the City’s General Plan (Pedley, Rubidoux, and Glen Avon).
As illustrated in the figure on page 3, the corridor segments in the Town Centers (identified with red dotted lines) are approximately 4 miles total in length, and would be taken to 20% design, as part of this Phase 1 effort, with associated cost estimates. These are the areas where the corridors would likely entail some curb relocations, potentially adding landscaped medians or sidewalk bulb-outs, changes to striping, and perhaps intersection controls, as well as pedestrian-focused landscaping, and signage improvements. These would be special place-specific designs related to but not the same as, the “typicals” for the rest of the corridor segments, which would be defined at a conceptual level for which we would develop conceptual cost estimates per 1,000 square feet or other unit cost basis.
The 20% design plans for focused areas will be based on the information developed in Subtasks 2.1 through 2.6 above. The plans will be developed from scaled aerial imagery in AutoCAD and will focus on key geometric features like curb placement, ADA ramps, signal control suggestions, lane widths, and striping.
Please note, the concept will be sufficient to communicate corridor layout, key design parameters, and facility treatments but will not be sufficient for facility construction. The City will need to develop the appropriate construction drawings for the corridor and ensure that those designs are appropriate for construction. Additionally, the 20% plans will provide quantity estimates that can be combined with unit costs developed by Proactive Engineering to develop corridor cost estimates for engineering, environmental, and construction. Please note that these cost estimates will be high level.
2.8 City Council/Planning Commission Joint Study Session: We will refine the Framework Plan presentation per input and direction from City staff, and will assist City staff in leading a joint study session to present the Framework plan for discussion and input.
Task 3 – Citywide Corridors Plan
3.1 Administrative Review Draft Corridors Plan: Based on City staff, and Council and Commission input and direction, the Team will refine the Framework Plan and prepare an Administrative Draft Citywide Corridors Plan document. We anticipate that the Plan will be organized into the following major sections or chapters:
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a. Purpose, Intent, Authority, Background, and Public Process b. Corridors Plan
i) Vision and Framework Overview
ii) Corridor by Corridor Typical and Special Designs (Cross Sections) iii) Corridor 20% Design Plans for Focused Areas
iv) Land Use & Development Standard Refinement Recommendations v) Relation to Existing Plans & Regulations
vi) Implementation Strategies including Cost Estimates
In addition to the information noted above, the plan will also review the Circulation Element completed for the City of Jurupa Valley. The Team will includes a section of the plan to consider updates to goals, plans, and/or policies within that Circulation Element and discuss with City staff the potential/need for updates to the General Plan to reflect the goals/vision associated with the Corridors Plan. At this point, the Team is not anticipating to complete a comprehensive update to the General Plan Circulation Element; rather, the Team will review the need to do a comprehensive update and discuss a strategy to complete that update (if needed) for staff to consider as part of an implementation strategy of the project.
3.2 City Staff Review: We will deliver the Draft Plan to City staff for review, and upon completion of that review will conduct an in-person and/or virtual meeting with staff to review their comments, respond to questions, and discuss potential revisions to the Draft.
3.3 Public Review Draft Corridors Plan: Based on City comments and direction, the Team will revise and complete the Plan, producing a Public Review Draft Corridors Plan. We will work with City staff to notice stakeholders and the community that the Draft Plan is available on the City’s website for public review. We recommend providing a minimum 30-day public review period.
3.4 Public Hearings and Adoption, and Final Corridors Plan: Based on any final public input, and with direction from City staff, the Citywide Corridors Plan will be presented as a recommendation to the Planning Commission and the City Council for adoption. This scope of work assumes CEQA analyses will not be required. The Final Plan, which will include any final directed changes from the City Council, will serve as the conceptual basis for future construction drawings.
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EXHIBIT B
SCHEDULE OF FEES AND PAYMENTS
CSI STP/FHS+P F&P GS PEC Total
Phase 1 Citywide Corridors Plan
Task 1 Project Initiation and
Analysis
$14,080 $49,650 $5,000 $4,600 $7,040 $73,370
Task 2 Community Engagement
and Conceptual Design
$57,280 $149,630 $75,000 $34,700 $38,700 $333,310
Task 3 Citywide Corridors Plan $23,680 $118,440 $0 $7,200 $9,680 $139,000 Subtotal Labor $95,040 $317,720 $80,000 $46,500 $55,420 $545,680 Direct Expenses – – – – – $3,500
Total Budget $95,040 $317,720 $80,000 $46,500 $55,420 $598,180 Contingency (10%) $59,818
Total Budget with Contingency
$657,998
Notes:
Contingency of 10% added to cover unforeseen opportunities and/or changing circumstances that would result in out of scope work. The use of contingency funds would require prior written authorization, and any funds remaining in the contingency upon project completion would remain City funds.
Funds may be transferred between tasks and subconsultants, as needed, throughout the process with simple written administrative approval (and not requiring an amended contract).
CSI = Civic Solutions, Inc.
STP = Sargent Town Planning
FHS+P = Fong Hart Schneider + Partners
GS = Graphic Solutions
PEC = Proactive Engineering Consultants
ATTACHMENT 2
Citywide Corridors Plan Proposal (dated June 2023)
Jurupa Valley
Citywide Corridors Plan
Revised Proposal
June 12, 2023
Civic Solutions (as contract staff for the City of Jurupa Valley) Sargent Town Planning
Fong Hart Schneider + Partners
Fehr & Peers
Graphic Solutions
Proactive Engineering
27362 Calle Arroyo
San Juan Capistrano, CA
949/489-1442
949/489-2408 FAX
www.civicsolutions.com
Cover Letter
October 19, 2022
Rod Butler, City Manager
City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509
Re: Citywide Corridors Plan, Initial Proposal for Discussion Dear Rod,
Per your request and as a follow up to our discussion about the opportunity to beautify and improve the functionality of the City’s major arterial roadway corridors, we are pleased to submit this scope and budget to prepare a Citywide Corridors Plan for Jurupa Valley.
We understand that the City has received American Rescue Plan Act (ARPA) funds, which can be used to address the appearance and function of the City’s major transportation corridors. As we discussed in our meeting with you last April, the installation of street trees or other beautification improvements on their own, in the absence of a more comprehensive plan, could lead to initial phases of cosmetic improvements that are inconsistent with mid- to long-term mobility and land use objectives. Such improvements put many communities in the awkward position of compromising plans for achieving larger functional and economic development goals or tearing out recently completed streetscape improvements.
A more holistic approach that considers the ultimate configuration of the roadways and all of the improvements that will be needed to realize the community’s vision for Jurupa Valley’s future– including street trees and signage and future private investment in development facing those streets – can have a much more significant influence on the overall appearance of the City as well as its long-term economic value, fiscal health and quality of life. This grant funding presents a significant and timely opportunity to prepare a Citywide Corridors Plan that includes schematic designs for these primary public spaces of Jurupa Valley that will help direct and guide the use of these funds in ways that leverages their overall impact and value community-wide.
Beyond simply adding landscaping and signage to the existing wide, high-speed suburban arterial streets, this Plan offers the opportunity to consider how targeted adjustments to the lane configurations, medians, sidewalks, stormwater management facilities, and tree canopies of selected segments of these streets might significantly improve the safety and comfort of pedestrians, cyclists, and equestrians, and contribute to the making of places where people want to spend time – and money – with friends and family. This objective is consistent with the community’s self-image as a collection semi-rural places, rather than the sprawling suburban patterns generated by the County’s outdated zoning and street
Jurupa Valley Citywide Corridors Plan, Initial Proposal for Discussion October 19, 2022 page iii standards. This plan aims to go beyond just beautification of the City’s corridors, and will also plan for function, multimodal circulation, and a holistic approach to the public realm in the City’s town centers, gateways, and rural areas.
Additionally, the timing of starting such a plan while we are working with City staff and the community on the Pedley Town Center Plan will allow for synergistic thinking about how the major corridors function as they pass through the City’s historic Town Centers, residential neighborhoods, industrial and commercial districts, and rural open space areas.
Furthermore, there is the potential to leverage additional grant funds, such as REAP 2.0, to pay for planning and implementation, and we are engaging in discussions with Community Development staff to explore these opportunities.
We are excited to collaborate with you, City staff, decision makers, and the community in defining a visionary and practical plan for the future. We have assembled a multi-disciplinary team of specialists in planning, transportation, landscape design, signage and branding, civil engineering, sustainable infrastructure, and community engagement.
Outlined below is our current understanding of the opportunities, challenges, and key objectives for a Citywide Corridors Plan, followed by our proposed scope of work and high- level estimated budget per phase. We hope this provides you with a good starting point for framing this important effort, and anticipate discussing and refining this plan with you to ensure it best meets the needs of the City.
Please let us know if you have any questions or refinements to the scope of work. We look forward to our continued working relationship with you, and the opportunity to participate in this important effort for Jurupa Valley.
Sincerely,
Jean Ward, AICP Thomas G. Merrell
Community Planning Services Manager President
Jurupa Valley Citywide Corridors Plan, Initial Proposal for Discussion October 19, 2022 page iv Contents
Cover Letter .......................................................................................................................................... ii Project Understanding .......................................................................................................................... 1 Proposed Consultant Team ................................................................................................................... 4 Proposed Scope of Services for Phase 1: Citywide Corridors Plan ..................................................... 10 Cost .................................................................................................................................................... 17 Project Team Qualifications ................................................................................................................ 19
Jurupa Valley Citywide Corridors Plan, Initial Proposal for Discussion October 19, 2022 page 1 Project Understanding
We understand that the City has received American Rescue Plan Act (ARPA) funds, which can be used to address the appearance and function of its major transportation corridors. This presents a timely opportunity to prepare a Citywide Corridors Plan that includes schematic designs for these primary public spaces of Jurupa Valley, which will improve not only the appearance of the City’s corridors, but will also improve their safety and performance for the full range of mobility modes and users, help to attract new economic development, and advance the General Plan’s vision of Jurupa Valley as a semi-rural community of distinct communities.
The core goal of this work will be to define streetscape and beautification plans for several major corridors, including landscape and street furnishing designs, as well as branding, identity, and wayfinding systems that reflect the unique identity of Jurupa Valley and each of its constituent communities. Below is a conceptual map of the city that highlights those major corridors, as well as potential “centers” of community activity – some of which have been previously identified in the General Plan, and several additional areas due to their being largely undeveloped and strategically located along, or at the intersections of, major crosstown corridors. We provide this map as a starting point for discussion and analysis with you and other City staff and officials.
To date, most of the City’s major corridors are arterial streets or highways, and are built to Riverside County standards. Accordingly, over the past several decades, the appearance and function of these roadways are increasingly stripping away original rural character and unique identities of the places they serve. In a few cases, stretches of some corridors still retain their original rural country road character that we believe reflects Jurupa Valley’s identity as a “semi-rural community of communities” as envisioned in the General Plan.
As mentioned in our kickoff meeting for the Pedley Town Center Plan on August 25, 2022, the City has yet to define its own street standards, and we believe this Corridors Plan presents a timely opportunity for the City to consider how such customized Jurupa Valley Street Standards might accommodate the necessary vehicular traffic while also supporting pedestrian, bicycle, and equestrian modes, and also reflecting the communities’ envisioned “semi-rural character.” We believe that certain stretches of selected corridors that have not yet been built to County standards represent key opportunities to use capital improvement funds to make these areas “look more like Jurupa Valley,” rather than less. The Corridors Plan offers a vehicle and process whereby the City can make informed decisions regarding its very own street standards.
Such street standards can, and we believe should, be varied corridor by corridor, so that Limonite Avenue, Mission Boulevard, Jurupa Road, and Etiwanda Avenue each have their own distinct appearance so that the pedestrian environment, commercial frontages, and vehicular speeds within the “town centers” may be different from the “country road” segments in between Jurupa Valley’s several “communities.” The major corridors to be addressed by the Plan will be discussed and revised as appropriate with City staff.
Our initial recommendations include the following, for which we briefly identify our initial impressions of the types of opportunities for improvements.
Jurupa Valley Citywide Corridors Plan, Initial Proposal for Discussion October 19, 2022 page 2 • Mission Boulevard: Significant community identity, place-making, and multimodal improvement opportunities in Rubidoux, Glen Avon, and potentially at other nodes as well. • Rubidoux Boulevard: A very important gateway from the 60 freeway into Rubidoux and Jurupa Valley. It is also one of very few non-freeway corridors that connects Jurupa Valley northward to Bloomington and then to Rialto and Fontana. The segment from the 60 to Mission in particular deserves careful consideration.
• Limonite Avenue: Similar opportunities to Mission Boulevard in Rubidoux and Pedley, along with the potential to contribute to new places west of Pedley, from Etiwanda Avenue to the I-15 freeway.
• Van Buren Boulevard: Opportunities for aesthetic improvements, but perhaps fewer for multimodal mobility or integration with surrounding land uses due to its design and role as a highway of almost freeway-like character. It is nonetheless an important through route for motorists and train passengers, and as such could contribute to a distinct and memorable image for Jurupa Valley.
• Bellegrave Avenue: Is likewise an important through route, with some potential for community activity centers at Bush Street, Etiwanda Avenue, and Wineville Avenue. • Etiwanda Avenue: Is an important north-south regional thoroughfare, connecting the San Bernardino Mountain foothills in Rancho Cucamonga southward along the easterly edge of Ontario, and through Jurupa Valley terminating on the north bank of the Santa Ana River.
Existing and potentially significant centers of community activity at various scales are located at its intersections with Cantu Galleano Ranch Road, Bellegrave Avenue, Jurupa Road, 58 th Street,
Limonite Avenue, and of course the Santa Ana River.
• Jurupa Road: Runs through the center of town and represents one of the few opportunities in Jurupa Valley to conserve an authentic country road as such, and to provide addresses for smaller scale community-serving retail, recreational, and civic uses and amenities. • El Camino Real: Finally, El Camino is the only north-south throught route between Rubidoux and Pedley, connecting Limonite Avenue to Pedley Road and Mission Boulevard. Particularly significant placemaking opportunities appear to exist near its intersections with Limonite Avenue and Pedley Road.
The identity, character, and quality of a city is defined in large measure by the public spaces through which residents, workers, and visitors access and move through the city every day. That predominant impression of Jurupa Valley’s municipal identity is, in turn, defined by these major corridors that will be the focus of this work. And along those corridors – particularly where they intersect one another – lie most of the commercial, social, and recreational centers of community life and activity. The design, function, and overall “ambiance” of these major corridors as they approach and pass through the centers of commercial, recreational, and civic activity play a major role in defining the appearance, function, experience, and economics of those primary community activity centers. Between those centers, the major corridors passing between the community’s neighborhoods and through the rural open spaces also define the image and identity of Jurupa Valley. In their current form these corridors generally project an image of sameness, in relation to one another and in relation to many hundreds of other communities throughout the country.
This Corridor Plan presents a great opportunity to reimagine what these major streets can contribute to the value and experience of each part of Jurupa Valley. Beyond simply adding landscaping and signage to the existing wide, high-speed suburban arterial streets, this Plan offers the opportunity to consider how targeted adjustments to the lane configurations, medians, sidewalks, stormwater management facilities, and tree canopies of selected segments of these streets might significantly improve the safety and comfort
Jurupa Valley Citywide Corridors Plan, Initial Proposal for Discussion October 19, 2022 page 3 of pedestrians, cyclists, and equestrians, and contribute to the making of places where people want to spend time – and money – with friends and family. This plan aims to go beyond just beautification of the City’s corridors, and will also plan for function, multimodal circulation, and a wholistic approach to the public realm in the City’s town centers, gateways, and rural areas.
Such improvements could be particularly valuable within “town centers” and other existing and envisioned community gathering places, where concentrations of commercial, social, and economic activity are envisioned. Such places are never optimally served by street designs intended to simply maximize the volumes and speeds of through-traffic. Maximizing volumes of through traffic is a core design objective of the Countywide roadway system. Over the past several decades, the art and science of roadway design has progressed very significantly beyond the mid- to late 20 th century designs on which County standards are
based. Current 21st century standards integrate elements of early 20th century designs – when the Inland Empire was truly and authentically rural and semi-rural – with innovative techniques for balancing motorized and non-motorized travel modes in new ways. It is clearly possible to move enough traffic to support economic development while also making more pleasant places for people to spend time and gather as a community.
Jurupa Valley Citywide Corridors Plan, Initial Proposal for Discussion October 19, 2022 page 4 Proposed Consultant Team
We have assembled a multi-disciplinary team of specialists in planning, transportation, landscape design, signage and branding, civil engineering, sustainable infrastructure, and community engagement. Our proposed team is as follows:
Civic Solutions, Inc. (CSI) as contract staff for the City of Jurupa Valley, will be responsible for project management, coordination with City staff, lead planners, and community outreach and engagement. Jean Ward will be the Principal-in-Charge and Project Director.
Sargent Town Planning (STP) will lead the town planning and design work, and the preparation of the Corridors Plan document. They will work closely with Civic Solutions and City staff throughout all phases of the project, including existing conditions analysis, public engagement, and Plan preparation.
Fong Hart Schneider + Partners (FHS+P) is a landscape architecture firm that has been collaborating with Sargent Town Planning for over a decade on streetscape and urban design projects of many types. They will collaborate with the team to define an appropriate palette of landscape materials, designs, and themes that express the semi-rural town character to which Jurupa Valley aspires.
Fehr & Peers (F&P) will provide transportation and mobility consulting services, working closely with CSI, STP, and City staff to identify opportunities, constraints, strategies, and designs for a street and trail network that meets the functional and community design character requirements of an all-mode backbone mobility network for the entire city.
Graphic Solutions (GS) will take the lead in crafting a comprehensive graphic program that includes branding, identity, and wayfinding for the identified major corridors, gateways, and centers throughout the City. They will prepare a complete conceptual design package, along with conceptual cost estimates for each type of signage element. They can also contribute cost information to capital projects cost estimates.
Proactive Engineering Consultants (PEC) is the civil engineering firm that we propose to retain to work with us in understanding the nature and cost of any street improvement work that we may recommend as part of the project. Based in Corona, they are experienced in all aspects of street and infrastructure design, and will assist the team in defining the scope and probable construction costs of potential capital improvement projects that may be associated with Corridor Plan implementation. We also propose to retain the services of Paul Crabtree, a civil engineer who collaborates with us regularly, and who specializes in authentic rural infrastructure.
Jurupa Valley Citywide Corridors Plan, Initial Proposal for Discussion October 19, 2022 page 5
Corridor transformation – Suburban to semi-rural and town center environments Source: Sargent Town Planning
Jurupa Valley Citywide Corridors Plan, Initial Proposal for Discussion October 19, 2022 page 6
Corridor transformation – Suburban to semi-rural and town center environments Source: Sargent Town Planning
Jurupa Valley Citywide Corridors Plan, Initial Proposal for Discussion October 19, 2022 page 7
Signage and branding
Source: Graphic Solutions
Jurupa Valley Citywide Corridors Plan, Initial Proposal for Discussion October 19, 2022 page 8
Streetscape and landscape
Source: Fong Hart Schneider + Partners
Jurupa Valley Citywide Corridors Plan, Initial Proposal for Discussion October 19, 2022 page 9
Green Infrastructure
Source: Paul Crabtree
Jurupa Valley Citywide Corridors Plan, Initial Proposal for Discussion October 19, 2022 page 10 Proposed Scope of Services for Phase 1 : Citywide Corridors Plan We propose to organize the professional services for preparation of the Citywide Corridors Plan into the following three major tasks: Project Initiation and Analysis; Community Engagement and Conceptual Design; and Citywide Corridors Plan.
All deliverables will be provided in digital format – most as PDFs, with some in Microsoft Word or Excel formats – via Dropbox or comparable file-sharing system. Maps will be prepared in GIS, AutoCAD and/or Adobe Illustrator. The Corridors Plan document will be produced utilizing Adobe Creative Suite and delivered as a high-resolution PDF suitable for two-sided color printing, and also as an Interactive PDF intended for viewing on a computer screen and posting to the web.
In the interest of cost savings efficiency, we propose that many of the meetings with City staff – and some stakeholder interviews – will be largely virtual. Team representatives will attend community workshops and public meetings in person, although some team members may participate in some sessions virtually/ remotely.
Task 1 – Project Initiation and Analysis
1.1 Document Collection and Initial Review: The Team will coordinate with City staff to collect all relevant background documents, including but not limited to the General Plan, any relevant Specific Plans, existing street standards, recently designed and/or implemented streetscape improvements, existing collision data, existing traffic volumes, projected traffic volumes, any existing landscape or street tree plans, and any existing municipal signage programs or criteria.
The Team will conduct an initial review of these documents in advance of a kickoff event, to ensure a productive kickoff and initial discussions with the City.
The General Plan and Specific Plan review will focus on street and public space design, but will also address planned land uses along the corridors to identify opportunities for the corridors to provide improved multimodal access to adjacent properties in patterns and designs that reflect and support Jurupa Valley’s semi-rural community image and aspirations.
Deliverables: Preliminary base map of corridors, and preliminary overview of key vision and policy from the General Plan and other plans that are relevant to the Corridors Plan. These will be primarily in PowerPoint format, with maps in PDF.
1.2 Kickoff Event: The Team will join City staff for a half-day or full-day kickoff event in Jurupa Valley. We recommend that the day include a meeting or meetings at City Hall with key City staff, and a driving tour of the major corridors. A primary objective of the tour will be to confirm the general extent of the Corridors Plan, and to discuss at a high level the opportunities for beneficial change represented by each segment and each center or node of each corridor.
We will also focus on opportunities and constraints affecting potential City and community branding and signage. Prior to the tour we will have prepared base maps, the tour route, and a high-level overview of existing vision and policy for each corridor per the General Plan and other plans.
Deliverables: Base maps in advance, and notes from kickoff event.
Jurupa Valley Citywide Corridors Plan, Initial Proposal for Discussion October 19, 2022 page 11
1.3 Background and Existing Conditions Analysis: Based on the initial document review in Task 1.1 and discussions and the tour in Task 1.2, the Team will complete our review of background information and prepare an organized overview of existing conditions. We will complete a planning level base map of the city, based on GIS data provided by the City and available aerial photography.
During the kickoff tour and on the previous and/or following day, we will systematically photograph the existing conditions along each corridor, including images of the street itself, key vistas from the street into adjoining properties, and open spaces. We will then compile a well-organized corridor-by-corridor “image tour” of the major corridors as a PowerPoint presentation, keyed to the base map. We find that such a comprehensive photographic survey has the potential to help all participants in the planning process to see the City “with fresh eyes,” often noticing characteristics – both positive and negative – that are often overlooked in daily life.
A primary purpose of this analysis will be to reveal opportunities for new streetscape design elements to help each corridor evolve toward the “semi-rural small-town” future mentioned in the General Plan. As we compile and develop the “image tour,” we will note location by location key vision or direction from the General Plan or Specific Plans that might be reinforced through streetscape and public space design. This will include identification of key nodes or gateways where a street is approaching or entering an existing or planned town center, where it is passing by or overlooking vistas of the Santa Ana River or other natural open space, where it is passing residential neighborhoods or communities, and where it is passing by existing or planned employment centers or other economic development opportunities.
The Team will provide the presentation(s) to City staff for review, will meet with staff to review and discuss their comments and requests for revisions, and will update the presentation(s) as requested.
The Team will request, through the City, access to the SCAG REAP StreetLight data portal. We have budgetted eight hours of staff time to utilize this data set to pull estimates of existing traffic volumes on study corridors, estimmates of heavy vehicle volumes along each corridor, as well as origins/destinations of people using each of these corridors. This information will prove helpful un understanding who uses these corridors and why they use them.
Deliverables: Updated base map of corridors, and more complete overview of key vision and policy from the General Plan and other plans that are relevant to the Corridors Plan. These will be primarily in PowerPoint format, with maps in PDF. Notes from additional meetings with City staff will also be included.
Task 2 – Community Engagement and Conceptual Design
2.1 Stakeholder Interviews and Community Survey: The Team will work closely with City staff to identify key community members with whom interviews will be conducted to gain an initial understanding of key community concerns, hopes, opportunities, and challenges. Such interviews or meetings may be conducted with individuals or small groups, which we expect would include property owners, business owners, resident and civic organization representatives, City staff, City officials, and others.
Jurupa Valley Citywide Corridors Plan, Initial Proposal for Discussion October 19, 2022 page 12 Depending on the interviewee(s), one or several consultant Team members will attend the interview(s) in person and/or virtually. In many cases we find it helpful to share with interviewees some of the background analysis prepared in Task 1.3, to inform and encourage discussion of emerging issues and opportunities. The Team will compile summaries of topics discussed and viewpoints expressed, in general without associating specific points of view or remarks with any individual or group. We find that by offering people such anonymity, it is often possible to elicit very frank input early in the process, which is often very helpful in developing practical strategies for beneficial change and strategic conservation that can garner enthusiastic community support.
As part of this task, Graphic Solutions will meet with key City officials, City staff, property owners, and members of the business community to discuss the City’s sense of its image and identity, to begin to identify themes and elements that should be part of its graphic branding and place-making identity. These meetings will be an integral part of the stakeholder engagement process.
Concurrent with and following the stakeholder interviews, we will conduct an online community survey. The survey will present photographs of existing conditions within the Corridors, and likely also imagery of other comparable corridors with different design characteristics, to enable respondents to express their preferences for the future of Jurupa Valley’s corridors. At this early stage of the work, questions will generally be posed in an open- ended fashion, simply asking people what they like, what they don’t like, what they hope Jurupa Valley will look like in the future, and how these corridors might better support the ways they want to live, work, shop, play, and move around in Jurupa Valley.
2.2 Initial Concepts: Based on input received in stakeholder interviews, the Team will prepare a series of initial conceptual diagrams of potential strategies for enhancing each corridor, including its intersections with smaller streets, trails, and public open spaces. These diagrams will be supplemented with photography of potential streetscape designs, environmental graphics, and street furnishings that might contribute to the authentic semi-rural small-town environment of each corridor as it passes through the neighborhoods, centers, and open spaces as one moves across town.
Initial concepts will focus on illustrative plan diagrams and street cross-sections, showing potential new landscape elements, signage and environmental graphics, and lighting and street furniture elements and systems at key locations along each corridor. Concepts will be typical, for purposes of establishing a comprehensive program of design solutions appropriate to the project. These will include initial suggestions for the “Typical Design” for each corridor as well as “Special Designs” for key nodes, intersections, and gateways. Specific to signage and branding, the preliminary concept designs will reflect recommended treatments for the following elements (list to be refined as appropriate with City staff). • Gateways to Jurupa Valley and Town Centers
• Intersections and Key Nodes (including Town Centers)
• Trail and park identification
• Trail and park wayfinding samples and considerations
• Metrolink Transit identification
• Metrolink Transit wayfinding samples and considerations • Parking identification
Jurupa Valley Citywide Corridors Plan, Initial Proposal for Discussion October 19, 2022 page 13 • Parking wayfinding samples and considerations
• Active transportation identification
• Key attractions identification
• Key attractions wayfinding samples and considerations • Temporary (event) signage, banner samples, and considerations • Digital signage
• Pedestrian kiosks, wayfinding and interpretive sign samples, and considerations • Facility identifications
These initial illustrations will also include the frontages of adjacent development, so that the corridor “passing through” each place may be seen in relation to the place itself. We find that exploring the “place-making potential” of each street in key activity nodes and gateways is a strong strategy for enhancing the unique design character, value, and economic development potential of each node along each corridor. Such initial concepts will be merged with the previously prepared Image Tour presentation and submitted to the City for review and comment.
2.3 Discovery Workshop: In an initial public workshop (which may be in the form of a publicly noticed Joint City Council/Planning Commission study session) the Team will share the scope and purpose of the Corridors Plan effort, a summary of the information developed in previous tasks, high-level initial concepts that address the goals, and concerns identified to date, and then will invite community discussion, input, and feedback. The workshop will likely include some combination of small-group discussions, live polling of participants on a range of issues, and mapping exercises in which participants are invited to identify places they love and places they do not, and to start to think conceptually about improvements to better connect existing places and community assets.
All workshop materials, including presentations, polls, and any other generated content, could be posted to the City’s website to allow others who could not attend the workshop to view and provide feedback.
2.4 Conceptual Corridors Plan Framework: Based on the input received in the Discovery Workshop and on direction from City staff, the Team will work collaboratively to define a conceptual design for the typical condition of each major corridor, including design characteristics and elements that would unify the entire corridor, and characteristics, elements, and configurations that would distinguish key segments, nodes, and gateways one from the other.
Using Mission Boulevard as an example to help clarify this approach, we would anticipate that as one crosses the Santa Ana River from the east and enters Jurupa Valley, the corridor design and signage could make it clear that one is entering the City of Jurupa Valley, and the Rubidoux area specifically. Design elements would make it equally clear when one is leaving Rubidoux, by defining a “typical” Mission Boulevard character that would begin to change subtly in approach to and entry into Glen Avon. Then the transition to Bellegrave would be marked, as well as perhaps entry into and passage through smaller nodes or centers at key intersections as one continues west to the I-15, which would clearly be a gateway of some significance for those approaching on the freeway or from Eastvale and Ontario. a. The Team will work with City staff to schedule the first of two working meetings with City staff in Jurupa Valley in which we will present and discuss the initial concepts. We
Jurupa Valley Citywide Corridors Plan, Initial Proposal for Discussion October 19, 2022 page 14 anticipate that this meeting will include City staff from the planning, public works, economic development, and City Manager departments, to enable a robust discussion of opportunities, challenges, and trade-offs represented by alternative approaches. The goal of these discussions – and the Citywide Corridors Plan overall – will be to confirm the typical street section and design theme for each of the six major corridors, and confirm the locations and general character of key Gateways, Centers, and other Nodes along them. Initial concepts for each node will be presented for discussion. b. Based on the input and direction received in the above meetings and in follow-up virtual meetings and correspondence, the Team will refine the typical conceptual designs for each corridor and flesh out conceptual designs for key Gateways, Centers, and other Nodes. An updated conceptual design package – in PowerPoint and PDF – will be delivered to the City staff for review. We anticipate that this will include targeted recommendations for land use and/or development standards refinements in selected locations, to further the goals of the General Plan, more effectively reflect the unique identity of each corridor and each place, and to better leverage the value and economic development potential of new City investment in the Corridors. c. The Team will then work with City staff to schedule a second working meeting to review the updated material. Like the first such meeting, we anticipate that this meeting will include City staff from Community Development, Public Works, and Economic Development, and the City Manager’s office, to enable robust discussion of the aesthetics, wayfinding, placemaking, and functional characteristics of the designs for each Corridor and each Gateway, Center, and other Node. d. Based on the input and direction received in the second working meeting, the Team will further refine the designs for each Corridor Typical Design and further flesh out conceptual designs for key Gateways, Centers and other Nodes. A revised updated conceptual design package – in PowerPoint and PDF – will be delivered to City staff for review.
2.5 Vision Workshop: In a format similar to that of the Discovery Workshop – whether in-person and/or virtual – the Team will present the Conceptual Plan alternatives and related materials for community comment, feedback, and discussion. The presentation will begin with a short overview of the material presented in the Discovery Workshop and a summary of feedback received, as the foundation for the vision alternatives being presented.
2.6 Preferred Alternative Framework Plan: Based on the conceptual alternatives presented and community input received from the Vision Workshop, and based on subsequent direction from City staff, the Team will refine and integrate the preferred concepts and elements of the initial alternatives into a single Corridors Framework Plan. This Plan will set the Typical Design for each Corridor, the Special Designs for each identified Gateway, Center, and other Nodes. It will also include recommendations for related adjustments to land use type and intensity, development standards, and unique community character. We will prepare a new PowerPoint presentation that presents this Framework, along with illustrations and photographs clarifying the key elements, spaces, and places within the Plan. We will deliver this to City staff and then conduct a virtual or in-person meeting with City staff to review and discuss the Framework Plan.
Jurupa Valley Citywide Corridors Plan, Initial Proposal for Discussion October 19, 2022 page 15
2.7 20% Design for Focused Areas (Town Centers): After the concepts have received positive feedback, concept designs will be prepared for focused areas of the City, which are the three Town Centers identified in the City’s General Plan (Pedley, Rubidoux, and Glen Avon). As illustrated in the figure on page 3, the corridor segments in the Town Centers (identified with red dotted lines) are approximately 4 miles total in length, and would be taken to 20% design, as part of this Phase 1 effort, with associated cost estimates. These are the areas where the corridors would likely entail some curb relocations, potentially adding landscaped medians or sidewalk bulb-outs, changes to striping, and perhaps intersection controls, as well as pedestrian-focused landscaping, and signage improvements. These would be special place- specific designs related to but not the same as, the “typicals” for the rest of the corridor segments, which would be defined at a conceptual level for which we would develop conceptual cost estimates per 1,000 square feet or other unit cost basis.
The 20% design plans for focused areas will be based on the information developed in Subtasks 2.1 through 2.6 above. The plans will be developed from scaled aerial imagery in AutoCAD and will focus on key geometric features like curb placement, ADA ramps, signal control suggestions, lane widths, and striping. The level of detail of the concept plans is shown in the example below.
Please note, the concept will be sufficient to communicate corridor layout, key design parameters, and facility treatments but will not be sufficient for facility construction. The City will need to develop the appropriate construction drawings for the corridor and ensure that those designs are appropriate for construction. Additionally, the 20% plans will provide quantity estimates that can be combined with unit costs developed by Proactive Engineering to develop corridor cost estimates for engineering, environmental, and construction. Please note that these cost estimates will be high level.
2.8 City Council/Planning Commission Joint Study Session: We will refine the Framework Plan presentation per input and direction from City staff, and will assist City staff in leading a joint study session to present the Framework plan for discussion and input.
Task 3 – Citywide Corridors Plan
3.1 Administrative Review Draft Corridors Plan: Based on City staff, and Council and Commission input and direction, the Team will refine the Framework Plan and prepare an Administrative Draft Citywide Corridors Plan document. We anticipate that the Plan will be organized into the following major sections or chapters:
Jurupa Valley Citywide Corridors Plan, Initial Proposal for Discussion October 19, 2022 page 16 a. Purpose, Intent, Authority, Background, and Public Process b. Corridors Plan
i) Vision and Framework Overview
ii) Corridor by Corridor Typical and Special Designs (Cross Sections) iii) Corridor 20% Design Plans for Focused Areas
iv) Land Use & Development Standard Refinement Recommendations v) Relation to Existing Plans & Regulations
vi) Implementation Strategies including Cost Estimates
In addition to the information noted above, the plan will also review the Circulation Element completed for the City of Jurupa Valley. The Team will includes a section of the plan to consider updates to goals, plans, and/or policies within that Circulation Element and discuss with City staff the potential/need for updates to the General Plan to reflect the goals/vision associated with the Corridors Plan. At this point, the Team is not anticipating to complete a comprehensive update to the General Plan Circulation Element; rather, the Team will review the need to do a comprehensive update and discuss a strategy to complete that update (if needed) for staff to consider as part of an implementation strategy of the project.
3.2 City Staff Review: We will deliver the Draft Plan to City staff for review, and upon completion of that review will conduct an in-person and/or virtual meeting with staff to review their comments, respond to questions, and discuss potential revisions to the Draft.
3.3 Public Review Draft Corridors Plan: Based on City comments and direction, the Team will revise and complete the Plan, producing a Public Review Draft Corridors Plan. We will work with City staff to notice stakeholders and the community that the Draft Plan is available on the City’s website for public review. We recommend providing a minimum 30-day public review period.
3.4 Public Hearings and Adoption, and Final Corridors Plan: Based on any final public input, and with direction from City staff, the Citywide Corridors Plan will be presented as a recommendation to the Planning Commission and the City Council for adoption. This scope of work assumes CEQA analyses will not be required. The Final Plan, which will include any final directed changes from the City Council, will serve as the conceptual basis for future construction drawings.
Subsequent Phase: Construction Drawings
Our Team is available for future phases of implementation, including construction drawings. At the appropriate time and at City request, our team can provide cost estimates for subsequent design efforts.
Jurupa Valley Citywide Corridors Plan, Initial Proposal for Discussion October 19, 2022 page 17 Cost
The estimated budget for the above scope of work is provided below. Please note we have provided an estimate by Task for Phase 1, which is the preparation of the Citywide Corridors Plan.
For subsequent design phases, including construction drawings, our team is available to provide cost estimates upon request and at such time that we have the necessary information as a result of our Citywide Corridors Plan to scope the work effort in more detail.
For efficiency and to minimize planning/design costs and maximize ARPA construction dollars, this scope of work assumes City staff will provide noticing and logistics support for community engagement, including stakeholder interviews, workshops, meetings, and website maintenance and updates. In addition, it is assumed City staff will provide translation support as needed for all engagement efforts. Civic Solutions can provide bilingual support as needed for an additional cost. This scope of work also assumes the City’s GIS contractor, Patrick Ward, will provide GIS files to the consultant team as needed, and assist with the provision of GIS data as needed.
Jean Ward, Community Planning Services Manager, will manage the project as contract staff to Jurupa Valley at the rates as contracted with Civic Solutions. Because the Corridors Plan will implement the vision and policy direction of the General Plan, Mary Wright, the City’s General Plan Program Manager, will provide input and guidance throughout the planning effort and will be involved in community engagement as it relates to supporting the overall General Plan vision. We may also engage other Civic Solutions’ contract planners for Jurupa Valley, as needed, to support the project within the appropriate fiscal year budget.
For cost efficiencies, David Schneider from Fong Hart Schneider & Partners, will work as a consulting landscape architect to Sargent Town Planning (STP), and Paul Crabtree will work as a consulting green infrastructure civil engineer to STP. As such, these associated costs are included in the STP budget.
Jurupa Valley Citywide Corridors Plan, Initial Proposal for Discussion October 19, 2022 page 18
CSI STP/FHS+P F&P GS PEC Total
Phase 1 Citywide Corridors Plan
Task 1 Project Initiation and Analysis $14,080 $49,650 $5,000 $4,600 $7,040 $73,370 Task 2 Community Engagement and Conceptual Design $57,280 $149,630 $75,000 $34,700 $38,700 $333,310 Task 3 Citywide Corridors Plan $23,680 $118,440 $0 $7,200 $9,680 $139,000 Subtotal Labor $95,040 $317,720 $80,000 $46,500 $55,420 $545,680 Direct Expenses – – – – – $3,500
Total Budget $95,040 $317,720 $80,000 $46,500 $55,420 $598,180 Contingency (10%) $59,818
Total Budget with Contingency
$657,998
Notes:
Contingency of 10% added to cover unforeseen opportunities and/or changing circumstances that would result in out of scope work. The use of contingency funds would require prior written authorization, and any funds remaining in the contingency upon project completion would remain City funds.
For flexibility, after the budget is finalized, we request the ability to transfer funds between tasks and subconsultants , as needed, throughout the process with simple written administrative approval (and not requiring an amended contract) .
Jurupa Valley Citywide Corridors Plan, Initial Proposal for Discussion October 19, 2022 page 19 Project Team Qualifications
As contract staff for the City of Jurupa Valley, Civic Solutions will manage a team of specialized consultants who are leaders in their respective fields. Firm overviews and resumes are provided for each consultant team member as follows:
Sargent Town Planning ............................................................................ 20 Fong Hart Schneider + Partners ................................................................ 26 Fehr & Peers ............................................................................................ 29 Graphic Solutions ..................................................................................... 34 Proactive Engineering Consultants .......................................................... 37
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STAFF REPORT
DATE: OCTOBER 5, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD B. BUTLER, CITY MANAGER
SUBJECT: AGENDA ITEM NO. 17.A
INCREASE THE SCOPE OF WORK IN THE JURUPA AREA
RECREATION AND PARK DISTRICT MASTER PLAN TO INCLUDE A
TRAILS MASTER PLAN AND APPROVE ADDITIONAL FUNDING
RECOMMENDATION
That the City Council: 1) approve an increase in the scope of work in the Jurupa Area Recreation and Park District Master Plan to include a Trails Master Plan ; 2) approve additional funding to Jurupa Area Recreation and Park District in the amount of $95,000 for the Trails Master Plan; and 3) authorize the City Manager to take such further actions as may be needed to implement these approvals.
BACKGROUND
The Jurupa Area Recreation and Park District (JARPD) was formed in 1984 to provide parks and recreational facilities for current and future families in the City of Jurupa Valley.
JARPD is dedicated to providing high -quality recreation facilities and understands the importance of a comprehensive plan for the next decade.
In March of 2023, JARPD published a Request for Qualifications (RFQ) for a Parks and Recreation Master Plan. The District received two proposals. The Parks, Trails and Arenas Planning and Development Committee interviewed both firms that submitted proposals and recommended Berry Dunn for the creation of a new Parks and Recreation Master Plan.
On April 27, 2023, the JARPD Board of Directors approved the agreement and proposal that includes the creation of a dedicated website fo r the master plan process as well as dedicated key stakeholder interviews. The proposal includes two in-person and one virtual fact-finding meetings. Additionally, there will be three “pop-up” booths at existing JARPD events for the community to interact with the consultants. A survey will be created and all material created will be in both English and Spanish in addition to interpreters present during all meetings.
RETURN TO AGENDA
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The Board of Directors approved this proposal with Berry Dunn based on their past experience in creating more than 650 parks, recreation and open space planning projects.
Their firm consists of 800+ employees with 24 team members dedicated to Parks, Recreation and Libraries with various area of expertise.
ANALYSIS
Since the incorporation of Jurupa Valley, i t has been the City Council’s desire to have a comprehensive trails master plan. Over the past twelve years, trails have been a recurring concern with lack of connectivity to local destinatio ns, gaps in the trail system, and increasing safety, maintenance and accessibility for all trail users.
City Staff became aware of JARPD’s efforts to develop a Parks and Recreation Master Plan and understand that trails are an important component to providing well -rounded recreational services. Staff met with JARPD and Berry Dunn to discuss upcoming needs and goals for a Trails Plan for JARPD and the City of Jurupa Valley, which can be developed alongside of JARPD’s Master Plan.
By supplementing the existing scope of JARPD’s in -development Master Plan, it will be cost-effective by reducing some duplication of efforts and sharing information. The trails plan will include trails and areas within both the City and JARPD, focusing on trails and transportation connectivity, strategy and planning and maintenance.
The proposed scope of work has five phases: Phase 1-Discovery, Phase 2-Engagement, Phase 3-Data Collection and Analysis, Phase 4-Trails Plan Development, Phase 5-Draft and Final Plan. The details of the proposal are in Attachment A of this staff report.
FINANCIAL IMPACT
The total cost the City agrees to pay JARPD is a not to exceed amount of $95,000 and will be paid from the Development Impact Fees for Park Facility Improvements.
ALTERNATIVES
1. Do not app rove the recommendation and funding for development of a trails master plan.
2. Provide alternate direction to Staff.
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