AGENDA
City Council
Wednesday, November 2, 2022
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL TO ORDER 6:00 PM
ROLL CALL Greg Newton, Mayor
Robin Grundmeyer, Mayor Pro Tem
Katherine Aleman, Council Member
Kevin Bash, Council Member
Ted Hoffman, Council Member
CLOSED SESSION
§54956.8 - Conference with Legal Counsel - Real Property Negotiation Property: APN: 133-300-024
City Negotiator: City Manager Lori Sassoon
Under Negotiation: Price and Terms
§54956.9 (d)(4) – Conference with Legal Counsel – Anticipated Litigation Initiation of Litigation - Potential One Case
§54957.6 – Conference with Labor Negotiator
Negotiating Party: City Manager Sassoon
Norco General Employees Association, Utility Workers Union of America, AFL-CIO Local 606, Unrepresented Employees: Mid-Management, Confidential, and Management Employees
RECONVENE PUBLIC SESSION 7:00 PM
REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
PLEDGE OF ALLEGIANCE Council Member Ted Hoffman
INVOCATION BJ Walker, Member
Church of Jesus Christ of Latter-Day
Saints
1. CITY COUNCIL REPORTS ON REGIONAL BOARDS
2. CONSENT CALENDAR
City Council Agenda - November 2, 2022
All items listed under the Consent Calendar are considered to be routine and may be enacted by one motion. Prior to the motion to consider any action by the presiding governmental body, any public comments on any of the Consent Items will be heard. There will be no separate action unless members of the governmental body or the audience request specific items be removed from the Consent Calendar. Items removed from the Consent Calendar will be separately considered under Item 3 of the Agenda.
2.A. Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only
RECOMMENDATION:
Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.
Staff Report - Pdf
2.B. Approval of City Council Regular Meeting Minutes
RECOMMENDATION:
Approve the City Council Regular Meeting Minutes of October 19, 2022.
Staff Report - Pdf
2.C. Agreement with the County of Riverside for the Community Development Block Grant (CDBG) Program for Fiscal Year 2022-2023
RECOMMENDATION:
Approve Agreement with the County of Riverside for the Community Development Block Grant (CDBG) funds in the amount of $74,360 for Fiscal Year 2022-2023 and authorize the Mayor to sign and execute supplemental agreement for CDBG funds.
Staff Report - Pdf
2.D. Award of Professional Design Services Contract for the Town & Country Storm Drain Project and Minor Storm Drain Improvement Project (Parkridge Avenue & North Drive)
RECOMMENDATION:
Award contract to KWC Engineers for professional design services for the Town & Country Storm Drain Project and Minor Storm Drain Improvement Project (Parkridge Avenue & North Drive) in the amount of $126,525; and authorize the City Manager to approve contract change orders up to 10 percent of the total proposal amount of each proposal.
Staff Report - Pdf
City Council Agenda - November 2, 2022
2.E. Consideration to approve an agreement with Retail Strategies, LLC, for professional services related to retail recruitment for economic development RECOMMENDATION:
It is recommended that the City Council approve the agreement with Retail Strategies LLC.
Staff Report - Pdf
2.F. Award of Professional Design Services Contract for the West Norco Channel Extension Storm Drain Project
RECOMMENDATION:
Award contract to Armstrong & Brooks Consulting Engineers for professional design services for the West Norco Channel Extension Storm Drain Project in the amount of $132,100; and authorize the City Manager to approve contract change orders up to 10 percent of the total proposal amount of each proposal.
Staff Report - Pdf
3. ITEM(S) PULLED FROM CONSENT CALENDAR
4. PUBLIC COMMENTS
This is the time when persons wishing to address the presiding governmental body regarding matters not on the agenda may be heard. Please submit a speaker card to the Meeting Clerk. Please limit comments to three minutes or less. The Ralph M. Brown Act limits the governmental body’s ability to respond to comments on non-agendized matters at the time such comments are made.
The governmental body shall not discuss or act relative to any general public comment.
5. DISCUSSION / ACTION ITEM(S)
Order of Presentation for Discussion Items:
1. Staff Report Presentation
2. Council Questions of Staff
3. Public Comment
4. Council Discussion and Action
5.A. Certificate of Achievement for Excellence in Financial Reporting Award RECOMMENDATION:
Acknowledge the Award Earned by the City of Norco and Finance Staff Staff Report - Pdf
City Council Agenda - November 2, 2022
5.B. Discuss and take possible action regarding the Riverside Transmission Reliability Project (RTRP) - Oral Report
RECOMMENDATION:
It is recommended that the City Council receive the oral report, and consider possible actions to support full undergrounding of the RTRP transmission lines.
Staff Report - Pdf
6. PUBLIC HEARING(S)
Order of Presentation for Public Hearing Items:
1. Staff Report Presentation
2. Council Questions of Staff
3. Open Public Hearing
a. Public Comment
4. Close Public Hearing
5. Council Discussion and Action
6.A. First Reading, Ordinance 1089 (City of Norco): An Ordinance of the City Council of the City of Norco, California, adopting the 2022 California Building Standard Codes, to amend Norco Municipal Code Title 15 “Buildings and Construction”: Chapters 15.01 “Administrative Provisions”; 15.02 “Building Code”; 15.03 “Electrical Code”; 15.04 “Mechanical Code”;15.05 “Plumbing Code”;15.07 “Residential Code”;15.08 “Green Building Code”;15.13 “Administrative Code”; and 15.14 “Energy Code”. Code Amendment 2022- 06 RECOMMENDATION:
Approve the introduction and first read of Ordinance 1089, adopting the 2022 California Building Standard Codes, to amend Norco Municipal Code Title 15 “Buildings and Construction”: Chapters 15.01 “Administrative Provisions”; 15.02 “Building Code”; 15.03 “Electrical Code”; 15.04 “Mechanical Code”;15.05 “Plumbing Code”; 15.07 “Residential Code”;15.08 “Green Building Code”; 15.13 “Administrated Code”; and
15.14 “Energy Code”. Code Amendment 2022-06.
Staff Report - Pdf
7. CITY COUNCIL / STAFF COMMUNICATIONS
8. ADJOURNMENT
In compliance with the Americans with Disabilities Act, any person who requires a modification or accommodation in order to participate in this meeting is encouraged to contact the City Clerk’s Office at (951) 270-5623 or [email protected] at least 48 hours prior to the meeting so that reasonable
City Council Agenda - November 2, 2022
arrangements can be made to ensure accessibility. Staff reports are on file in the City Clerk’s Office. Any writings or documents provided to a majority of the presiding governmental body regarding any item on this agenda will be available for public inspection at the City Clerk’s Office during normal business hours at Norco City Hall, located at 2870 Clark Avenue in Norco. The meeting is recorded.
City Council
STAFF REPORT
Date: November 2, 2022 Agenda Item:
2.A.
To: Honorable Mayor and City Council Members
Prepared By: Dana Roa, City Clerk
Department: City Clerk
SUBJECT:
Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only RECOMMENDATION:
Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney
City Council
STAFF REPORT
Date: November 2, 2022 Agenda Item:
2.B.
To: Honorable Mayor and City Council Members
Prepared By: Dana Roa, City Clerk
Department: City Clerk
SUBJECT:
Approval of City Council Regular Meeting Minutes
RECOMMENDATION:
Approve the City Council Regular Meeting Minutes of October 19, 2022.
REVIEWED AND APPROVED BY:
ATTACHMENT(S):
Draft Minutes - 10/19/2022
DRAFT - MINUTES
City Council
Wednesday, October 19, 2022
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALLED TO ORDER 6:04 PM
ROLL CALL Greg Newton, Mayor
Robin Grundmeyer, Mayor Pro Tem
Katherine Aleman, Council Member
Kevin Bash, Council Member
Ted Hoffman, Council Member
CLOSED SESSION
Adjourned to Closed Session at 6:04 p.m.
§54957– Performance Evaluation
Title: City Manager
§54957.6 – Conference with Labor Negotiator
Negotiating Party: City Manager Sassoon
Norco General Employees Association, Utility Workers Union of America, AFL-CIO Local 606, Unrepresented Employees: Mid-Management, Confidential, and Management Employees
RECONVENED PUBLIC SESSION 7:26 PM
REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
City Attorney Burns stated that there were no reportable actions taken in closed session. He stated City Council would reconvene closed session at the end of the meeting to continue the Performance Evaluation discussion with the City Manager.
PLEDGE OF ALLEGIANCE Council Member Kevin Bash
INVOCATION Pastor Rene Parish
Beacon Hill Assembly of God
PRESENTATIONS
Community Spirit Award
Mayor Newton presented the Community Spirit Award to Aaron Hake for his outstanding commitment and service to the City of Norco.
City Council Minutes - October 19, 2022
Proclamations
Mayor Newton and the City Council presented a Proclamation to Robin Jones and Students from Corona Norco Unified School District recognizing Red Ribbon Week.
Mayor Newton and the City Council presented a Proclamation to Fire Chief Bill Otterman recognizing National Fire Prevention Month.
Community Services Director Anglin presented an update regarding the Santa Ana River Encampment clean-up.
1. CITY COUNCIL REPORTS ON REGIONAL BOARDS
The Mayor, Mayor Pro Tem and Council Members provided reports on their recent individual participation in committees, commissions, regional boards and community organizations.
2. CONSENT CALENDAR
a) Approve Consent Calendar as presented.
Council Member Hoffman pulled Item 2H for discussion.
M/S BASH/ALEMAN Approve Consent Calendar as presented with Item 2H pulled for discussion. The Motion was carried by the following roll call vote:
AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
2.A. Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only
Action: Waived reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.
2.B. Approval of City Council Regular Meeting Minutes
Action: Approved the City Council Regular Meeting Minutes of October 5, 2022.
City Council Minutes - October 19, 2022
2.C. Recap of Actions Taken by the Planning Commission at its Meeting of October 12, 2022.
Action: Received and filed the recap of actions taken by the Planning Commission at its meeting held on October 12, 2022.
2.D. Purchase of an Animal Control Body Model 9857-2RD and Safety Lighting System from California Truck Equipment Company
Action: Awarded the bid for the purchase of an Animal Control Body (Box) Model 9857- 2DR and Safety Lighting System to California Truck Equipment Company (CTEC) in the amount of $56,625; and approved a budget appropriation from the General Fund in the amount of $28,000.
2.E. Quarterly Investment Report for Quarter Ended September 30, 2022 Action: Received and filed the Quarterly Investment Report for the Quarter Ended September 30, 2022.
2.F. Acceptance of the Sunset Court and Shadow Canyon Circle Waterline Project as Complete
Action: Accepted the Sunset Court and Shadow Canyon Circle Waterline Project as complete and authorized the City Clerk to file the Notice of Completion with the County of Riverside.
2.G. Acceptance of the Fiscal Year 2021-2022 Slurry Seal Project as Complete Action: Accepted the Fiscal Year (FY) 2021-2022 Slurry Seal Project as complete and authorized the City Clerk to file the Notice of Completion with the County of Riverside.
2.I. Acceptance of the Dales Drive and Parkridge Avenue Street Improvements Project as Complete
Action: Accepted the Dales Drive and Parkridge Avenue Street Improvements Project as complete and authorized the City Clerk to file the Notice of Completion with the County of Riverside.
2.J. Amendment of Fiscal Year 2023-2027 Capital Improvement Program (CIP) to include additional funding for the River Road & Oldenburg Lane Sewer Lift Station Nos. 10 & 11 Replacement Project; and accept bids and award contract
City Council Minutes - October 19, 2022
for the River Road & Oldenburg Lane Sewer Lift Station Nos. 10 & 11 Replacement Project
Action: Adopted Resolution No. 2022-75 to increase Fiscal Year (FY) 2023-2027 CIP sewer funding in the amount of $1,755,000 for the River Road & Oldenburg Lane Sewer Lift Station Nos. 10 & 11 Replacement Project; accepted bids, awarded a contract to Pacific Hydrotech Corporation for the River Road & Oldenburg Lane Sewer Lift Station Nos. 10 & 11 Replacement Project in the amount of $3,295,510; and authorized the City Manager to approve contract change orders up to 10 percent of the total bid amount.
2.K. Acceptance of Bids and Award of Contract for the Belgian Drive Waterline Project
Action: Accepted bids and awarded a contract to Dominguez General Engineering, Inc. for the Belgian Drive Waterline Project in the amount of $373,247 and authorized the City Manager to approve contract change orders up to 10 percent of the total bid amount.
2.L. Acceptance of Bids and Award of Contract for the Moreno Arena Sound System Project; Appropriation of Additional Funds from the Measure R Fund for Project Cost and Contingency
Action: 1. Awarded contract to Sunset Electrical Contractors, Inc. for the Design/Build of the Moreno Arena Sound System Project in the amount of $140,802 and authorized the City Manager to approve contract change orders up to 10% of the original contract.
2. Adopted Resolution No. 2022-76 to appropriate additional Measure R Funds in the amount of $24,882 to fund the cost of the project including the 10% contingency.
2.M. A Resolution reflecting the City Council's action on September 21, 2022 to deny Conditional Use Permit 2022-04 (Norco Old Town Market)
Action: Adopted Resolution 2022-77, to reflect the City Council's Denial of Conditional Use Permit 2022-04.
2.N. Consideration of a Resolution to Approve and Adopt the Salary Schedule for the Utility Workers Union of America, Local 606 with an effective date of October 15, 2022
Action: Adopted Resolution No. 2202-78, to approve and adopt the salary schedule for the Utility Workers Union of America, Local 606 with an effective date of October 15, 2022.
City Council Minutes - October 19, 2022
3. ITEM(S) PULLED FROM CONSENT CALENDAR
2.H. Amendment No. 2 to the Agreement to Form the Middle Santa Ana River Watershed Total Maximum Daily Load (TMDL) Task Force
Council Member Hoffman discussed the importance of the Middle Santa Ana River Watershed (MSAR), his affiliation with the MSAR and discussed the history of the agreement.
Following discussion motion was made.
M/S HOFFMAN/NEWTON Authorize the Mayor to execute Amendment No. 2 to the Agreement to Form the Middle Santa Ana River Watershed TMDL Task Force. The Motion was carried by the following roll call vote:
AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
4. PUBLIC COMMENTS
Bonnie Slager reminded the community of the Norco Horseman Association meeting on Thursday October 20th at 7 p.m. and stated City Manager Sassoon will be the guest speaker.
5. DISCUSSION / ACTION ITEM(S)
5.A. Consideration of a Resolution to Retroactively Approve and Adopt Salary Schedules for Management Group effective July 18, 2013 through December 31, 2020, and July 1, 2022
Human Resources Manager Balderas presented a report regarding the consideration of a Resolution to retroactively approve and adopt salary schedules for the Management Group.
Following discussion motion was made.
M/S BASH/GRUNDMEYER Adopt Resolution No. 2022-79, to retroactively approve and adopt Salary Schedules for Management Group effective July 18,
City Council Minutes - October 19, 2022
2013 through December 31, 2020, and July 1, 2022 The Motion was carried by the following roll call vote:
AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
5.B. Amendment No. 1 to Memorandum of Understanding Between the City of Norco and Five Keys Schools and Programs.
Community Services Director Anglin presented a report regarding Amendment No. 1 to the Memorandum of Understanding between the City of Norco and Five Keys Schools and Programs.
Mayor Newton had discussion with City staff and staff from Five Keys.
The Mayor and City Council directed staff to review the water meters on the site and decide what would be the most cost efficient for Five Keys and the City.
Following discussion motion was made.
M/S BASH/GRUNDMEYER Approve Amendment No. 1 of the Memorandum of Understanding with FIVE KEYS Schools and Programs. The Motion was carried by the following roll call vote:
AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
6. PUBLIC HEARING(S)
6.A. Continuance of a Public Hearing for Code Amendment 2022-06, adopting the 2022 California Building Standard Codes.
City Manager Sassoon requested that the Public Hearing for Code Amendment 2022-06 be continued to November 2, 2022.
Following discussion motion was made.
City Council Minutes - October 19, 2022
M/S ALEMAN/BASH Continue the Public Hearing to amend Title 5 "Buildings and Construction" to adopt the 2022 California Building Standard Codes to November 2, 2022 The Motion was carried by the following roll call vote:
AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
7. CITY COUNCIL / STAFF COMMUNICATIONS
City Manager Sassoon recognized City Staff that spent so much time making the State of the City a special night.
Council Member Hoffman discussed his visit to Norco High School to talk to two classes about elections.
Council Member Aleman reminded the community to drop their ballot off at City Hall and she discussed the T-Ball Opening Ceremonies.
Council Member Bash discussed the Support Sisterz Walk for Breast Cancer and reminded the community about the Kiwanis Annual 5k Run Walk on October 29th.
Council Member Hoffman reminded the community about the Annual Rotary Car Show Fund Raiser on October 29th and trunk or treat.
Mayor Newton discussed the T-Ball Opening Ceremonies event.
8. ADJOURNMENT
Mayor Newton adjourned to closed session at 8:27 p.m.
Mayor Newton reconvened the City Council meeting at 9:40 p.m.
City Attorney Burns stated there were no reportable actions held in closed session.
Mayor Newton adjourned the meeting at 9:40 p.m.
_________________________________
Dana Roa, CMC
City Clerk
City Council
STAFF REPORT
Date: November 2, 2022 Agenda Item:
2.C.
To: Honorable Mayor and City Council Members
Prepared By: Amanda Hamilton, Facilities and Maintenance Director
Department: Facilities and Maintenance
SUBJECT:
Agreement with the County of Riverside for the Community Development Block Grant (CDBG) Program for Fiscal Year 2022-2023
RECOMMENDATION:
Approve Agreement with the County of Riverside for the Community Development Block Grant (CDBG) funds in the amount of $74,360 for Fiscal Year 2022-2023 and authorize the Mayor to sign and execute supplemental agreement for CDBG funds.
SUMMARY:
In order to receive Community Development Block Grant funds as a “cooperating city” in the County of Riverside, the City of Norco is required to approve a Supplemental Agreement (attached) to administer the approved programs and projects for Fiscal Year 2022-2023 for reimbursement.
BACKGROUND:
On November 17, 2021, the City Council approved a specific program and a public project as part of the City’s 2022-2023 CDBG Program allocation.
The amount approved by the Federal Housing and Urban Development Department to the County of Riverside Housing and Workforce Solutions for the City of Norco is $74,360.
Notice dated July 5, 2022 was received from the County of Riverside Housing and Workforce Solutions stating the City’s proposed CDBG projects for the 2022-2023 Program Year were approved. On September 6, 2022, the City Council approved reprogramming funds from previous program years to the FY 2022-2023 program year; the total amount approved for the current project is reflected below.
The attached County of Riverside Supplemental Agreement received from the County confirms that funding is approved for the following projects:
Senior Recreation and Community Services $12,000
Pikes Peak Park ADA Synthetic Poured in Place Surface Project $218,094 Total Approved Funding $230,094
After the Supplemental Agreement is fully executed, the County will forward it to the City along with the authorization to incur costs. Once completed, funds for programs that are already in progress will be released, and pending invoices for service can be submitted for payment and brought current.
FISCAL IMPACT:
The U.S. Department of Housing and Urban Development will fund these programs and projects through Riverside County Housing and Workforce Solutions on a reimbursement basis. The approved funding has been appropriated in the City's FY 2022-2023 Operating Budget for Senior Recreation and Community Services and for Pikes Peak Park ADA Synthetic Poured in Place Surface Project.
RELATIONSHIP TO STRATEGIC PLAN:
The programs and projects to be funded by CBDG funds are consistent to Strategic Directive No. 5 – Infrastructure and Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
Supplemental Agreement
File No.: 2.NR.59-22, 2.NR.60-22
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SUPPLEMENTAL AGREEMENT FOR THE USE OF
2022-2023 COMIVIUNITY DEVELOPMENT BLOCK GRANT FUNDS
This Supplemental Agreement (“Agreement”) is entered into this day of , 2022, by and between the COUNTY OF RIVERSIDE, a political subdivision of the State of Califomia, herein called, "COUNTY," and the CITY OF NORCO, herein called "CITY " COUNTY and CITY are collectively referred to as “Parties” and individually as “Party.” The COUNTY and CITY mutually agree as follows:
1. GENERAL. COUNTY and CITY have executed a Cooperation Agreement, dated December 2, 2020 (“Cooperation Agreement”), whereby CITY elected to participate with COUNTY, which has quali?ed as an “Urban County" for purposes of receiving Community Development Block Grant (CDBG) funds (“CDBG”), and to assist and undertake essential community development and housing assistance activities pursuant to the Housing and Community Development Act of 1974, Title 1, as amended, Public Law 93-383 hereinafter referred to as "Act." Said Cooperation Agreement, dated December 2, 2020, is incorporated herein by reference and made a part of this Agreement as if each and every provision was set forth herein.
2. PURPOSE. CITY has been allocated $230,094 in CDBG Entitlement ?mds for the 2022- 2023 CDBG program year. CITY promises and agrees to undertake and assist with the community development activities, within its jurisdiction, by utilizing the sum of $230,094 CDBG Entitlement Funds, as specifically identi?ed in Exhibit(s) A, and B, attached hereto, and are incorporated herein by this reference, for the following project(s) (collectively, the “Projects”):
2.NR.59.22 Senior Citizen Recreation and Community Services, $12,000.
2.NR.60-22 Pikes Peak Park ADA Synthetic Poured In Place Surface Project, $218,094.
3. TERM OF AGREEMENT. The term of this Agreement for the implementation of the Project(s) shall be for a period of one (1) year from July 1, 2022, to termination on June 30, 2023.
4. COIVIPLETION SCHEDULE. CITY shall proceed consistent with the completion schedule set forth in Exhibit s A and B attached hereto and incorporatedherein.
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Heidi Marshall, Director
Riverside County HWS
P.O. Box 1528
Riverside, CA 92502
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Lori Sassoon, City Manager
City of Norco
2870 Clark Avenue
Norco, CA 92860
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5. EXTENSION OF TIME. In the event the Project(s) are not substantially completed by the time set forth in the applicable completion schedule(s) due to a force majeure event (See Section 40 below), the COUNTY may consider extending the schedule for the completion of the proj ect(s). Times of performance for other activities may also be extended in writing by COUNTY. If substantialprogress toward completion in conformance with the completion schedule, as determined by COUNTY in its discretion, of the project(s) not made during the term of this Supplemental Agreement, COUNTY may suspend or terminate this Supplemental Agreement pursuant to the termination procedures set forthni n
the section titled "Termination," and the entitlement funds associated with the Project(s) may be reprogrammed by the COUNTY after appropriate notice is provided to the City.
6. LETTER TO PROCEED. CITY shall not initiate nor incur expenses for the CDBGfunded Projects or activities covered under the terms of this Supplemental Agreement as set forth in Exhibit(s) A, and B, attached hereto, prior to receiving written authorization from COUNTY to proceed.
7. NOTICES. Each notice, request, demand, consent, approval or other communication (hereinafter in this Section referred to collectively as “notices” and referred to singly as a “notice”) which the CITY or COUNTY is required or permitted to give to the other party pursuant to this Agreement shall be in writing and shall be deemed to have been duly and suf?ciently given if: (a) personally delivered with proof of delivery thereof (any notice so delivered shall be deemed to have been received at the time so delivered); or (b) sent by Federal Express (or other similar national overnight courier) designating early morning delivery (any notice so delivered shall be deemed to have been received on the next Business Day following receipt by the courier); or (c) sent by United States registered or certified mail, return receipt requested, postage prepaid, at a post office regularly maintained by the United States Postal Service (any notice so sent shall be deemed to have been received two days after mailing in the United States), addressed to the respective parties as follows:
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8. DISBURSEMENT OF FUNDS.
A. COUNTY'S Board of Supervisors shall determine the ?nal disposition and distribution of all ?inds received by COUNTY under the Act consistent with Sections 2 and 3 of this Supplemental Agreement. COUNTY, through its Department of Housing, and Workforce Solutions, shall make payment of the CDBG funds to CITY as set forth in the attached Exhibit(s) A, and B. It is the CITY’s responsibility to monitor all project activities set forth in the attached Exhibit(s) A, and B, and to ensure compliance with applicable federal regulations and the terms of this Supplemental Agreement.
B. CITY shall comply with timely drawdown of CDBG Entitlement funding by expeditiously implementing and completing the COUNTY-approved, CDBG-funded Projects. CITY acknowledges that CITY’s drawdown performance directly impacts the COUNTY’s overall program drawdown rate. If the CITY’s unobligated CDBG fund balance, as of January 31, 2023, exceeds one hundred and seventy-?ve percent (175%) of the CITY’s 2022-2023 CDBG allocation, the COUNTY may, in its sole discretion, take the necessary administrative actions to reduce the CITY’s CDBG fund balance. Necessary actions include, but are not limited to, reprogramming the excess CDBG fund balance to other eligible activities as selected by COUNTY. COUNTY may, in its sole and absolute discretion, authorize CITY in writing, prior to January 31, 2023, to exceed the CDBG fund balance requirement.
C. CITY shall comply with timely drawdown of CDBG funds by submitting monthly requests for reimbursement or other COUNTY approved reimbursement schedules. All disbursements of CDBG funds will be on a reimbursement basis and made within thirty (30) days after the COUNTY has received the CITY’s reimbursement request including documentation supporting expenditures.
D. All authorized obligations incurred in the performance of the Supplementa l
Agreement for projects eligible under the following CDBG regulations must be reported in writing to COUNTY no later than June 1 2023:
1. Acquisition [24 Code of Federal Regulations (CFR) 570.201 (a)] Clearance Activities [24 CFR 570.201 (d)]
Interim Assistance [24 CFR 570.201 (f)]
Code Enforcement [24 CFR 570.202 (c)]
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1 ©\O0O\10\UI-|>l»Jl .d 00 U1 DJ D—I| 00 \l O\ LII -|>- U.) l\.) >—A O \D All public service activities [24 CFR 570.201 (e)] and other eligible activities under this Supplemental Agreement must be implemented, completed, and obligations reported in writing to the COUNTY by the CITY no later than the completion schedules set forth in the attached Exhibits to this Supplemental Agreement. ”CFR” as used herein refers to the Code of Federal Regulations.
9. RECORDS AND INSPECTIONS.
A. CITY shall establish and maintain ?nancial, programmatic, statistical, and other supporting records of its operations and financial activities in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirementsfor Federal Awards (2 CFR Part 200), and 24 CFR Section 570.502 (a), as they relate to the acceptance and use of federal funds under this Agreement. Said records shall be retained for a period of four (4) years from the date that the activity or program funded with the CDBG Grant is closed out by the COUNTY and reported as complete in the Comprehensive Annual Performance and Evaluation Report (CAPER). Exceptions to the four (4) year retention period requirement, pursuant to 2 CFR 200.333 include, but not limited to, the following:
i. if any litigation, claim, or audit is started prior to the expiration of the four (4) year period;
ii. when the CITY is noti?ed in writing by the COUNTY, HUD, or other Federal agency to extend the retentionperiod;
iii. records for real property and equipment acquired with CDBG funds must be retained for four (4) years after ?nal disposition;
iv. when the records are transferred by the CITY to the COUNTY, HUD, or other Federal agency, the four (4) year period is not applicable.
B. CITY shall obtain an external audit in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Section 200.500). Audits shall usually be performed annually but not less frequently than every two years. Nonpro?t institutions and government agencies that expend less than $750,000 a year in Federal awards are exempt from Federal audit requirements, but records must be available for review by appropriate of?cials of the Federal grantor agency or subgranting entity. The audit report shall be submitted to the COUNTY within 180 days after the end of the COUNTY'S ?scal year
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C. CITY shall maintain a separate account for the CITY’S CDBG Entitlement funds received as set forth in Exhibit(s) A, and B attached hereto.
D. Pursuant to 2 CFR 200.336, CITY shall, during the normal business hours, make available to COUNTY, the U.S. Department of Housing and Urban Development (HUD), or other authorized representative, for the examination and copying, all of its records and other materials with respect to matters covered by this Agreement and provide reasonable access to CITY staff for the purpose of interview and discussion related to the records and documents.
E. CITY shall not retain any program income as de?ned in 24 CFR 570.500. Said program income shall be used only for the activities that are the subject of this Agreement. Further, all provisionsof this Agreement shall apply to such activities.
F. The CITY shall ensure that at least ?fty-one percent (51%) of the persons bene?ting from all CDBG-funded activities or projects designated as serving limited clientele [24 CFR 570.208(a)(2)(i)] are of low and moderate-income and meet the applicablehousehold income guidelines.
The CITY shall provide the required income certi?cation and direct bene?t documentation, in writing, to the COUNTY pursuant to the reporting requirement of each activity as set forth in Exhibit(s) A, and B, attached hereto. In the event that CITY engages the services of a sub-contractor to implement CDBGfunded activities, the CITY must collect, in writing, all required income certi?cation and direct bene?t documentation from subcontractors prior to submittal to the COUNTY pursuant to the reporting requirement of each activity as set forth in Exhibit(s) A, and B, attached hereto.
10. COMPLIANCE WITH LAWS. CITY shall comply with all applicable federal, state, and local laws, regulations, and ordinances and any amendments thereto and the federal regulations and guidelines now or hereafter enacted pursuant to the Act. More particularly, CITY isto comply with those regulations found in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), and 24 CFR Part 570. CITY is to abide by the provisionsof the Community Development Block Grant Manual, prepared by COUNTY and cited in the above-mentionedCooperation Agreement. CITY shall comply, if applicable, with Section 3 of the Housing & Urban Development Act of 1968 (12 U.S.C.A. Section 1701u), as amended, a copy of which is attached hereto as Exhibit “S”, and incorporated herein by this reference. CITY shall adhere to the regulations as set forth in Exhibit “R”, attached hereto and incorporated herein by this reference,
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pertaining to inherently religious activities. CITY shall comply with the Additional Federal Requirements, if applicable, attached hereto as Exhibit “AFR”, and incorporated herein by this reference.
11. COOPERATION WITH HOUSING ACTIVITIES. CITY shall cooperate with COUNTY in undertaking essential community development and housing assistance activities, speci?cally urban renewal and public assistance housing, and shall assist COUNTY in implementing and undertaking the goals and strategies identi?ed in the 2019-2024 Five Year Consolidated Plan, pursuant to 24 CFR Part 91 and other requirements of the Community Development Block Grant Program.
12. LEAD AGENCY FOR COMPLIANCE WITH THE CALIFORNIA
ENVIRONMENTAL UALITY ACT CE A . Pursuant to Title 14 CCR Section l501(d), the CITY is designated as the lead agency for the projects that are the subject matter of this Supplemental Agreement.
13. HOLD HARMLESS AND INDEMNIFICATION. In contemplation of the provisions of Section 895.2 of the California Government Code imposing certain tort liability jointly upon public entities solely by reason of such entities being partiesto an agreement as de?ned by Section 895 of the Code, the Parties hereto, pursuant to the authorization contained in Section 895.4 and 895.6 of the Code, agree that each Party shall be liable for any damages including, but not limited to, claims, demands, losses, liabilities, costs and expenses including reasonable attorneys’ fees, resulting from the negligent or wrongful acts or omissions of their employees or agents in the performance of this Agreement, and each Party shall indemnify, defend and hold harmless the other Parties from such claims, demands, damages, losses or liabilities for their negligence.
The hold harmless and indemni?cation obligations set forth herein shall survive the termination and expiration of this Agreement. In the event there is con?ict between this clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve the CITY from indemnifying the Indemnitees to the fullest extent allowed by law.
14. INSURANCE. Without limiting or diminishing the CITY’s obligation to indemnify or hold the COUNTY harmless, CITY shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage’s during the term of this Agreement. As respects to the
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p_n ©\DOO\lO'\U1-l>U->l\) )_.A O0 \l O‘\ ()1 DO l\) >— O \D 90 \l C\ U1 UJ [U insurance section only, the COUNTY herein refers to the County of Riverside, its Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board of COUNTY OF RIVERSIDE Supervisors, employees, elected or appointed of?cials, agents, or representatives as Additional Insureds
a. Workers’ Com ensation:
If the CITY has employees as defined by the State of California, the CITY shall maintain statutory Workers‘ Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers’ Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive subrogation in favor of the County of Riverside.
b. Commercial General Liabili '
Commercial General Liability insurance coverage, including but not limited to, premises liability, contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of CITY’S performance of its obligations hereunder. Policy shall name the County of Riverside as Additional Insured. Policy’s limit of liability shall not be lessthan $2,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit.
If vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then CITY shall maintain liability insurance for all owned, non-owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. Policy shall name the County of Riverside as Additional Insured. d. General Insurance Provisions - All lines:
(i). Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A M BEST rating of not less than A: VIII (A28) unless
c. Vehicle Liabili
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28 such requirements are waived, in writing, by the County Risk Manager. If the County’s Risk Manager waives a requirement for a particular insurer such waiver is only valid for that speci?c insurer and only for one policy term.
(ii). The CITY must declare its insurance self-insured retentions. If such selfinsured retentions exceed $500,000 per occurrence such retentions shall have the prior written consent of the County Risk Manager before the commencement of operations under this Agreement. Upon noti?cation of self-insured retention unacceptable to the COUNTY, and at the election of the Country’s Risk Manager, CITY’S carriers shall either; 1) reduce or eliminate such self-insured retention as respects this Agreement with the COUNTY, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. (iii).
Riverside with either 1) a properly executed original Certi?cate(s) of Insurance and certi?ed original CITY shall cause CITY’S insurance carrier(s) to furnish the County of copies of Endorsements effecting coverage as required herein, and 2) if requested to do so orally or in writing by the County Risk Manager, provide original Certi?ed copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certi?cate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that thirty (30) days written notice shall be given to the County of Riverside prior to any material modi?cation, cancellation, expiration or reduction in coverage of such insurance. In the event of a material modi?cation, cancellation, expiration, or reduction in coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives, priorto such effective date, another properly executed original Certi?cate of Insurance and original copies of endorsements or certi?ed original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and the insurance required herein is in full force and effect. CITY shall not commence operations until the COUNTY has been furnished original Certi?cate (s) of Insurance and certi?ed original copies of endorsements and if requested, certi?ed original policies of insurance including all endorsements and any and all other attachments as required in this Section. An individual authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the Certi?cate of
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(iv).
insurance shall be construed as primary insurance, and the COUNTY'S insurance and/or deductibles It is understood and agreed to by the parties hereto that the CITY’S and/or self-insured retention’s or self-insured programs shall not be construed as contributory. (V). If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services; or, there is a material change in the equipment to be used in the performance of the scope of or, the term of this Agreement, including any extensions thereof, exceeds ?ve (5) years, the COUNTY reserves the right to adjust the types of insurance required under this Agreement and the monetary limits of liability for the insurance coverage’s currently required herein, if; in the County Risk Manager's reasonable judgment, the amount or type of insurance carried by the CITY has become inadequate.
(vi). CITY shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement.
(vii). The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance acceptable to the COUNTY. (viii). CITY agrees to notify COUNTY of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.
15. INDEPENDENT CONTRACTOR. The CITY is, for purposes relating to this Supplemental Agreement, an independent contractor and shall not be deemed an employee of the COUNTY. It is expressly understood and agreed that the CITY (including its employees, agents and subcontractor’s) shall in no event be entitled to any bene?ts to which the COUNTY employees are entitled, including but not limited to overtime, any retirement bene?ts, worker's compensation benefits, and injury leave or other leave bene?ts. There shall be no employer-employee relationship between the parties; and the CITY shall hold the COUNTY harmless from any and all claims that may be made against the COUNTY based upon any contention by a third party that an employer-employee relationship exists by reason of this Supplemental Agreement. It is further understood and agreed by the parties that the CITY in the performance of this Supplemental Agreement is subject to the control or direction of the COUNTY merely as to the results to be accomplished and not as to the means and methods for
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accomplishing the results.
16. NONDISCRIMINATION. CITY shall abide by 24 CFR Sections 570.601 and 570.602 of Title 24 of the Code of Federal Regulations which requires that no person in the United States shall on the grounds of race, color, national origin, sex, sexual orientation, gender identity, or veterans status be excluded from participation in, be denied the bene?ts of, or be subjected to discrimination under any program or activity funded in whole or in part with Community Development funds.
CITY shall abide by and include in any subcontracts to perform work under this Supplemental Agreement, the following clause:
"During the performance of this Supplemental Agreement, CITY and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical disability, medical condition, marital status, veterans status, sexual orientation, gender identity, age (over 40) or sex. CITY and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. CITY and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (California Government Code Section 12900 et seq.). The applicable regulations of the Fair Employment and Housing Commission are implementing California Government Code Section 12990 et seq., set forth in Chapter 1 of Division 4.1 of Title 2 of the California Administrative Code are incorporated into this Agreement by reference and made a part hereof as if set forth in ?ill. CITY and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement."
17. PROHIBITION AGAINST CONFLICTS OF INTEREST
A. CITY and its assigns, employees, agents, consultants, officers and elected and appointed officials shall become familiar with and shall comply with the Uniform Administrative Requirements,Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200) and the CDBG regulations prohibiting con?icts of interest contained in 24 CFR 570.611 B. The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its of?cers, employees or agents engaged in the award and administration of contracts supported by Federal funds.
p_A ©\OOO\lO'\UI-bL»Jl\) p_a U1 U0 l\.) w-A 00 D.) l\) \l C. No employee, of?cer or agent of the Subrecipient shall participate in the selection, or in the award, or administrationof, a contract supported by Federal funds if a con?ict of interest, real or apparent, would be involved.
D. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a ?nancial interest in any contract, or have a ?nancial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a “covered person” includes any person who is an employee, agent, consultant, officer. or elected or appointed of?cial of the Grantee, the Subrecipient, or any designated public agency.
E. CITY understands and agrees that no waiver of exception can be granted to the prohibition against con?ict of interest except upon written approval of HUD pursuant to 24 CFR 570.611(d). Any request by CITY for an exception shall first be reviewed by COUNTY to determine whether such request is appropriate for submission to HUD in the COUNTY’S sole and absolute discretion.In determining whether such request is appropriate for submission to HUD, COUNTY will consider the factors listed in 24 CFR 570.61l(d)(2).
F. Prior to the distribution of any CDBG funding under this Supplemental Agreement, CITY shall provide COUNTY, in writing, a list of all employees, agents, consultants, of?cers and elected and appointed officials who are in a position to participate in a decision making process, exercise any functions or responsibilities,or gain inside information with respect to the CDBG activities funded under this Agreement. CITY shall also promptly disclose to COUNTY any potential con?ict, including even the appearance of con?ict that may arise with respect to the CDBG activities funded under this Supplemental Agreement.
G. Any violation of this Section 17 shall be deemed a material breach of this Supplemental Agreement, and the Supplemental Agreement shall be immediately terminated by the 28 COUNTY.
18. LOBBYING. CITY certi?es to the best of its knowledge and belief, that:
U.) j-—l ©\OOO\]O\U1-l>L»Jl\J p_A \] ON LI‘: »—A O KO 00 >—- 00 \I O\ U! U.) l\.) a. No federally-appropriated funds have been paid or will be paid, by or on behalf of the CITY, to any person for in?uencing or attempting to in?uence an of?cer or employee of any agency, a member of Congress, an of?cer 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 federally-appropriatedfunds have been paid or will be paid to any person for in?uencing or attempting to in?uence an of?cer 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 CITY shall complete and submit Standard Form—LLL,"Disclosure Form to Report Lobbying," in accordance with its instructions. c. CITY shall require that the language of this certi?cation be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.
This certi?cation is a material representation of fact upon which reliance was placed when this transaction was made or entered into.
19. TERMINATION.
A. m. CITY may not terminate this Agreement except upon express written consent of COUNTY, pursuant to 2 CFR 200.339 (a)(3).
B. COUNTY. Notwithstanding the provisions of Paragraph 19a above, COUNTY may suspend or terminate this Supplemental Agreement upon a ten (10) day written notice to CITY of action being taken and the reason for such action including, but not limited to, the following reasons:
(1) In the event CITY fails to perform the covenants herein contained at such times and in such manner as provided in this Supplemental Agreement; and (2) In the event there is a con?ict with any federal, state or local law, ordinance, regulation or rule rendering any of the provisions of this Supplemental Agreement invalid or untenable; or
(3) In the event the funding from the Department of Housing and Urban
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(i) Used to meet one of the National Objectives pursuant to 24 CFR 570.208 until ?ve years after expirationof this agreement, or for such longer period of time as determined to be appropriate by the COUNTY; or
(ii) Not used in accordance with Clause (i) above, in which event the CITY shall pay the COUNTY an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property.
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Development referred to in Sections 1 and 2 above is terminated or otherwise becomes unavailable.
C. This Agreement may be terminated and/or funding suspended, in Wholeor in part, for cause in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200.339). Cause shall be based on the failure of the CITY to materially comply with either the terms or conditions of this Agreement. Upon suspension of funding, the CITY agrees not to incur any costs related thereto, or connected with, any area of con?ict from which the COUNTY has determined that suspension of funds is necessary. CITY acknowledges that failure to comply with Federal statutes, regulations, or the terms and conditions of this Agreement may be considered by the COUNTY in evaluating future CDBG and non-CDBG funding applications submitted by CITY.
D. Upon suspension or termination of this Supplemental Agreement, CITY shall return any unencumbered funds which it has been provided by COUNTY. In accepting said funds, COUNTY does not waive any claim or cause of action it may have against CITY for breach of this Supplemental Agreement.
E. Reversion of Assets
1. Upon expiration or termination of this Supplemental Agreement, the CITY shall transfer to the COUNTY any CDBG funds on hand at the time of expiration of the Supplemental Agreement as well as any accounts receivable held by CITY which are attributable to the use of CDBG funds awarded pursuant to this Supplemental Agreement.
2. Any real property under the CITY’S control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the CITY in the form of a loan) in excess of $25,000 is either:
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16 20. PUBLICITY. Any publicity generated by CITY for the Projects ?mded pursuant to this Supplemental Agreement will make reference to the contribution of the COUNTY, the Department of Housing, and Workforce Solutions, and the Community Development Block Grant Program in making the project possible.
21. PROGRAM MONITORING AND EVALUATION. CITY and its subcontractors shall be monitored and evaluated in terms of its effectiveness and timely compliance with the provisions of this Supplemental Agreement and the effective and ef?cient achievement of the CDBG National Objectives as set forth in Exhibit(s) A, and B, attached hereto. Quarterly reports shall be due on the last day of the month immediately following the end of the quarter being reported. The quarterly written reports shall include, but shall not be limited to, the following data elements:
A. Title of program, listing of components, description of activities/operations.
B. The projected goals, indicated numerically, and also the goals achieved (for each report period). In addition, identify by percentage and description, the progress achieved towards meeting the speci?ed goals and identify any problems encountered in meeting goals.
C. If the CDBG-funded activity meets a National Objective under 24 CFR 570.208 (a)(2)(i), CITY will report the following:
19 0 Above 80% MHI
20 0 Between 50% and 80% MHI (Low-Income)
21 0 Between 30% and 50% MHI (Very Low-Income)
22 0 Less than 30% MHI (Extremely Low-Income)
23 2) Total number and percent (%) of the clientele served that have household 24 incomes at or below 80% MHI
25 3) Racial ethnicity of clientele
26 4) Number of Female-Headed Households
27 D. CITY shall report, in writing, and cause its subcontractors to report, in writing, 28 bene?ciary statistics monthly to Housing and Workforce Solutions (HWS) on the pre-approved Direct Bene?tForm and Self-Certi?cationForm (certifying income, family size, and racial ethnicity) as
18 incomes at:
GO U1 U) l\.) ;_A ©\OOO\lO\UI-l>UJI\) i—A GO \l O\ U‘: -|>- U.) I\) r—A O '\D required by HUD. Updated forms are to be provided to CITY by HWS should HUD implement changes during the term of this Supplemental Agreement. CITY and subcontractors will collect and provide all necessary data required by HUD pertaining to the Speci?c Outcome Indicators as identi?ed in HUD’s Community Planning and Development (CPD) Outcome Performance Measurement System.
22. PRIOR AUTHORIZATION. CITY shall obtain COUNTY'S written approval from HWS prior to implementing the following “high risk” activities ?inded with CDBG assistance:
A. Construction of public facilities (project plans and speci?cations); B. Acquisition of real property;
C. Historic Preservation;
D. Relocation; and
F. Economic Development
23. PRIOR COUNTY APPROVAL CONSTRUCTION ACTIVITIES . CITY shall obtain COUNTY'S written approval, through its HWS, of the project plans, speci?cations, and construction documents prior to CITY’S construction of same for all projects consisting of CDBG-funded construction activities . The COUNTY neither undertakes nor assumes nor will have any responsibility or duty to CITY or to any third party to review, inspect,supervise,pass judgment upon or inform CITY or any third party of any matter in connection with the development or construction of the improvements, whether regarding the quality, adequacy or suitability of the plans, any labor, service, equipment or material furnished to the property, any person fumishing the same, or otherwise. CITY and all third parties shall rely upon its or their own judgment regarding such matters, and any review, inspection, supervision, exercise of judgment or information supplied to CITY or to any third party by the COUNTY in connection with such matter is for the public purpose of assisting with a community development and housing activity pursuant to the Act, and neither CITY (except for the purposes set forth in this Agreement) nor any third party is entitled to rely thereon. The COUNTY shall not be responsible for any of the work of construction, improvement, or development of the property.
It is the responsibility of CITY, Without cost to COUNTY, to ensure that all applicable local jurisdiction land use requirements will permit development of the property and construction of the improvements and the use, operation,and maintenance of such Improvements in accordance with the
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provisions of this Agreement. Nothing contained herein shall be deemed to entitle Sponsor to any local jurisdiction or County permit or other local jurisdiction or County approval necessary for the development of the Property, or waive any applicable local jurisdiction or County requirements relating thereto. This Agreement does not (a) grant any land use entitlement to CITY, (b) supersede, nullify, or amend any condition which may be imposed by the local jurisdiction in connection with approval of the development described herein, (c) guarantee to CITY or any other party any pro?ts from the development of the Property, or (d) amend any local jurisdiction or County laws, codes or rules.
24. PRIOR COUNTY APPROVAL A UISITION ACTIVITIES . CITY shall obtain COUNTY'S written approval and authorizationto proceed, through HWS, of all CDBG-funded real property acquisition activities.
25. REAL PROPERTY AC UIRED OR PUBLIC FACILITY CONSTRUCTED WITH CDBG FUNDS. When CDBG funds are used, in whole or in part, by CITY to acquire real property or to construct a public facility, CITY will comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Section 200.311); National Environmental Policy Act of 1969 (42 U.S.C.A. §4321, et seq.); the California Environmental Quality Act (Cal. Pub. Resources Code §21000, et seq.); the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C.A. §4630, et seq.); and the COUNTY’s Five Year ConsolidatedPlan. In addition, the following is to occur:
a. Title to the real property shall vest in CITY;
b. The real property will be held by CITY, or the constructed facility will be maintained by the CITY, for a minimum period of ?ve (5) years from the date the CDBG-funded activity is closed-out and reported as complete by the COUNTY through the Comprehensive Annual Performance and Evaluation Report (CAPER);
c. While held by CITY, the real property or the constructed facility is to be used exclusively for the purposes for which acquisition or construction was originally approved by COUNTY;
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28 d. Written approval from COUNTY must be secured if the property or the facility is to be put to an alternate use that is consistent with the COUNTY’ S Five Year Consolidated Plan or the applicable federal regulations governing CDBG funds;
e. Should CITY desire to use the real property or the constructed facility, prior to the completion of the mandatory ?ve-year period, for a purpose not consistent with applicable federal regulations governing CDBG funds or to sell the real property or facility, then:
(1) If CITY desires to retain title, CITY will reimburse COUNTY the amount that represents the percentage of current fair market value that is identical to the percentage that CDBG funds initially comprised of monies paid to acquire the property or construct the facility; or (2) If CITY sells the property or facility or is required to sell the property or facility, CITY shall reimburse COUNTY the amount that represents the percentage of proceeds realized by the sale that is identical to the percentage that CDBG funds initially comprised of monies paid to acquire the property or construct the facility. This percentage amount will be calculated after deducting all actual and reasonable cost of sale from the sale proceeds.
26. ENTIRE AGREEIVIENT. This Supplemental Agreement, including any attachments or exhibits hereto constitutes the entire Supplemental Agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous representations, proposals, discussions and communications, whether oral or in writing. No oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. Each of the attachments and exhibits attached hereto is incorporatedherein by this reference.
27. SEVERABILITY. Each section, paragraph and provision of this Supplemental Agreement isseverable from each other provision, and if any provision or part thereof is declared invalid, the remaining provisions shall remain in full force and effect.
28. EMPLOYMENT OPPORTUNITIES TO BE CAUSED BY PROJECT. CITY agrees to notify in writing, and to cause any subcontractor implementing CDBG-funded Projects to notify, in writing, the Riverside County Workforce Development Center of any and all job openings that are caused by the CDBG-funded Projects under this Supplemental Agreement.
29. MINISTERIAL ACTS. The Director of Housing and Workforce Solutions or designee(s)
)—a ©\OOO\lO‘\U1-I>UJl p._¢ 06 \1 O\ LII DJ l\.) —- O 00 Lil -|> U.) l\-) are authorized to take such ministerial actions as may be necessary or appropriate to implement the terms, provisions, and conditions of this Supplemental Agreement as it may be amended from time-to-time by COUNTY.
30. PROJECT ELIGIBILITY. As to CITY or its claimants,COUNTY shall bear no liability for any later determination by the United States Government, the U.S. Department of Housing and Urban Development, or any other person or entity that CITY is or is not eligible under 24 CFR Part 570 to receive CDBG entitlement funds from the COUNTY.
31. SOURCE OF FUNDING. CITY acknowledges that the source of funding pursuant to this Supplemental Agreement is Community Development Block Grant funds (CFDA 14.218), and the Grant Award Number is B-22-UC-06-0506.
32. ASSIGNMENT. The CITY shall not make any assignment or transfer in any form with respect to this Supplemental Agreement, without prior written approval of the COUNTY.
33. INTERPRETATION AND GOVERNING LAW. This Supplemental Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California. This SupplementalAgreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Supplemental Agreement, all parties having been represented by counsel in the negotiation and preparation hereof.
34. WAIVER. Failure by a party to insist upon the strict performance of any of the provisions of this Supplemental Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s rights to insist and demand strict compliance by the other party with the terms of this Supplemental Agreement thereafter.
35. JURISDICTION AND VENUE: Any action at law or in equity arising under this Supplemental Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Supplemental Agreement shall be filed only in the Superior Court of the State of California, located in Riverside, California, and the parties hereto waive all provisions of law providing for the ?ling, removal or change of venue to any other court or jurisdiction
36. USE OF PROPERTY. Whenever federal CDBG ?mds or program income are used, in
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whole or in part, for the purchase of equipment or personal property, the property shall not be transferred from its originally funded use, by CITY or the CITY’S subcontractor implementing the CDBG-funded activity, for a period of ?ve (5) years from the close-out date of the grant from which C DBG assistance was provided. The CITY shall maintain a current inventory for COUNTY monitoring and review.
37. AUTHORITY TO EXECUTE. The persons executing this Supplemental Agreement or exhibits attached hereto on behalf of the parties to this Supplemental Agreement hereby warrant and represent that they have the authority to execute this Supplemental Agreement and warrant and represent that they have the authority to bind the respective parties to this Supplemental Agreement to the performance of its obligations hereunder.
38. EFFECTIVE DATE. The effective date of this Supplemental Agreement is the date the parties sign the Supplemental Agreement. If the parties sign the Supplemental Agreement on more than one date, then the last date the Supplemental Agreement is signed by a party shall be the effective date.
39. COUNTERPARTS. This Supplemental Agreement may be signed by the different parties hereto in counterparts, each of which shall be an original but all of which together shall constitute one and the same agreement.
40. FORCE MAJEURE.
A. Performance by either party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, lock-outs, riots, ?oods, earthquakes, ?res, casualties, acts of God, acts of the public enemy, epidemics, pandemic, quarantine restrictions, freight embargoes, lack of transportation, governmental restrictions or priority, litigation, unusually severe weather, inability to secure necessary labor, material or tools, delays of any contractor, sub-contractor or supplier, acts of the other party, acts or failure to act of a public or governmental agency or entity, or any causes beyond the control or without the fault of the party claiming an extension of time to perform.
B. An extension of time for any such cause (a “Force Majeure Delay”) shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) calendar days of knowledge of the commencement of the cause. Notwithstanding the foregoing, none of the foregoing events shall constitute a Force Majeure Delay unless and until the party claiming such delay and interference delivers to the other party written notice describing the event, its cause, when and how
such party obtained knowledge, the date the event commenced, and the estimated delay resulting therefrom. Any party claiming a Force Majeure Delay shall deliver such written notice within thirty (30) calendar days after it obtains knowledge of the event.
41. MODIFICATION OF AGREEMENT. This Supplemental Agreement may be modified or amended only by a writing signed by the duly authorized and empowered representative of COUNTY [Remainderof Page Intentionally Blank]
[Signatures on Following Page]
42. DIGITAL AND ELECTRONIC SIGNATURES. The parties agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Cal. Civ. Code §§ 1633.1 to 1633.17). The parties further agree that the electronic signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to CUETA as amended from time to time. Digital signature means an electronic identi?er, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of "electronic signature" as de?ned in subdivision (i) of Section 1633.2 of the Civil Code.
6 and CITY respectively.
2 dates set forth below.
IN WITNESS WHEREOF, the COUNTY and the CITY have executed this Agreement as of the BY:
Harper & Burns, LLP
City Attorney
U) [Q ’—‘$\C00\)C\
COUNTY OF RIVERSIDE,
a political subdivision of the
State of California
BY :
Michael Walsh,
Deputy Director
APPROVED AS TO FORM:
By‘
Arnrit P. Dhillon,
Deputy County Counsel
CITY OF NORCO,
a General law City
BY:
Name: Greg Newton
Mayor
ATTEST:
BY:
Dana Roa, CMC
City Clerk
APPROVED AS TO FORM:
COUNTY COUNSEL
Date: Date:
available
EXHIBIT "R"
24 C.F.R. § 5.109
Equal participation of faith-based organizations in
HUD programs and activities.
Effective: May 4, 2016
(a) Purpose.
Consistent with (issued on December 12, 2002, ), entitled “Equal Protection of the Laws for Faith—Basedand Community Organizations,” as amended by (issued on November 17, 2010, ), entitled “Fundamental Principles and Policymaking Criteria for Partnerships With Faith—Basedand Other Neighborhood Organizations,”, and further amended by Executive Order 13831 (issued on May 3, 2018, 83 FR 20715) entitled “Establishment of a White House Faith and Opportunity Initiative,” this section describes requirements for ensuring the equal participation of faith-based organizations in HUD programs and activities. These requirements apply to all HUD programs and activities, including all of HUD’s Native American Programs, except as may be otherwise noted in the respective program regulations in title 24 of the Code of Federal Regulations (CFR), or unless inconsistent with certain HUD program authorizing statutes. b) De?nitions. The following de?nitions apply to this section:
Direct Federal ?nancial assistance means Federal ?nancial assistance provided when a Federal Government agency or an intermediary, as de?ned in this section, selects the provider and either purchases services from that provider (i.e., via a contract) or awards funds to that providerto carry out an activity (e.g., via grant, sub-grant, sub-award, or cooperative agreement). The recipients of sub-grants or sub-awards that receive Federal ?nancial assistance through State-administeredprograms (e.g., ?ow-through programs) are considered recipients of direct Federal ?nancial assistance. In general, Federal ?nancial assistance shall be treated as direct, unless it meets the de?nition of indirect Federal ?nancial assistance.
Federal ?nancial assistance means assistance that non—Federalentities receive or administer in the forms of grants, contracts, loans, loan guarantees, property, cooperative agreements, food commodities, direct appropriations, or other assistance, but does not include a tax credit, deduction, or exemption.
Indirect Federal ?nancial assistance means Federal ?nancial assistance providedwhen the choice of the provider is placed in the hands of the bene?ciary, and the cost of that service is paid through a voucher, certi?cate, or other similar means of Govemment-funded payment. Federal ?nancial assistance provided to an organization is consideredindirect when the Government program through which the bene?ciary receives the voucher, certi?cate, or other similar means of Govemment-funded payment is neutral toward religion meaning that it is to providers without regard to the religious or non-religious nature of the institution and there are no program incentives that deliberately skew for or against religious or secular providers; and the organization receives the assistance as a result of a genuine, independent choice of the bene?ciary.
Intermediary means an entity, including a nongovernmental organization, acting under a contract, grant, or other agreement with the Federal Government or with a State, tribal or local government that accepts Federal ?nancial assistance and distributes that assistance to other entities that, in turn, carry out activities under HUD programs. (c) Equal participationof faith-based organizations in HUD programs and activities.
Executive Order 13279 67 FR 77141
Executive Order 13559
75 FR 71319
42 2000bb 2000bb-4
Faith-based organizations are eligible, on the same basis as any other organization, to participate in any HUD program or activity, considering any permissible accommodations, particulary under the Religious Freedome Restoration Act. Neither the Federal Government, nor a State, tribal or local government, nor any other entity that administers any HUD program or activity, shall discriminate against an organization on the basis of the organization’s religious character, af?liation, or lack thereof, or on the basis of the organization’s religious exercise. For purposes of this part, to discriminate against an organization on the basis of the organization’s religious exercise means to disfavor an organization, including by failing to select an organization, disqualifying an organization, or imposing any condition or selection criterion that otherwise disfavors or penalizes an organization in the selection process or has such an effect:
(1) Because of conduct that would not be considered groundsto disfavor a secular organization; (2) Because of conduct that must or could be granted an appropriate accommodation in a manner consistent with RFRA ( U.S.C. through ) or the Religion Clauses of the to the Constitution; or
(3) Because of the actual or suspectedreligious motivation of the organization'sreligious exercise. (4) In addition, decisions about awards of must be free ?om political interference or even the appearance of such interference and must be made on the basis of merit, not based on the organization's religious character, af?liation, or lack thereof, or based on the organization'sreligious exercise. Notices of funding availability, grant agreements, and cooperative agreements shall include language substantially similar to that in appendixA to this subpart, where faith-based organizations are eligible for such opportunities. ((1)Independence and identity of faith-based organizations. (1) A faith-based organization that applies for, or participates in, a HUD program or activity supported with Federal financial assistance retains its autonomy, right of expression, religious character, authority over its governance, and independence, and may continue to carry out its mission, including the de?nition, development, practice, and expression of its religious beliefs. A faith-based organization that receives Federal ?nancial assistance from HUD does not lose the protections of law. (2) A faith-based organization that receives direct Federal ?nancial assistance may use space (including a sanctuary, chapel, prayer hall, or other space) in its facilities (including a temple, synagogue, church, mosque, or other place of worship) to carry out activities under a HUD program without concealing, altering, or removing religious art, icons, scriptures, or other religious symbols. In addition, a faith-based organization participating in a HUD program or activity retains its authority over its internal governance, and may retain religious terms in its organization’s name, select its board members and employees on the basis of their acceptance of or adherence to the religious tenets of the organization consistent with paragraph (i) of this section), and include religious references in its organization’s mission statements and other governing documents. (e) Explicitly religious activities.
If an organization engages in explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization), the explicitly religious activities must be offered separately, in time or location, from the programs or activities supported by direct Federal financial assistance and participation must be Voluntary for the bene?ciaries of the programs or activities that receive direct Federal financial assistance. The use of indirect Federal ?nancial assistance is not subject to this restriction. Nothing in this part restricts HUD’s authority under applicable Federal law to fund activities, that can be directly funded by the Government consistent with the Establishment Clause of the U.S. Constitution. (f) Intermediary responsibilitiesto ensure equal participationof faith-based organizations in HUD programs.
If an intermediary — acting under a contract, grant, or other agreement with the Federal Government or with a State, tribal or local government that is administering a program supported by Federal ?nancial assistance - is Ll First Amendment
Federal ?nancial assistance
H
Federal ?nancial assistance
HUD
HUD
intermedia Federal ?nancial assistance HUD
42 U.S.C. 2000e—
given the authority to select a nongovernmental organization to receive Federal ?nancial assistance under a contract, grant, sub-grant, sub-award, or cooperative agreement, the intermediary must ensure that such organization complies with the requirements of this section. If the intermediary is a nongovernmental organization, it retains all other rights of a nongovernmental organization under the program’s statutory and regulatory provisions.
(g) Nondiscrimination requirements.
Any organization that receives under a program or activity shall not, in providing services with such assistance or carrying out activities with such assistance, discriminate against a bene?ciary or prospectivebene?ciary on the basis of religion, religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice. However, an organization that participates in a program funded by indirect Federal ?nancial assistance need not modify its program or activities to accommodate a bene?ciary who chooses to expend the indirect aid on the organization's program and may require attendance at all activitiesthat are fundamental to the program. (h) No additional assurances from faith—basedorganizations.
A faith—based organization is not rendered ineligible by its religious nature to access and participate in programs. Absent regulatory or statutory authority, no notice of funding availability, grant agreement, cooperative agreement, covenant, memorandum of understanding, policy, or regulation that is used by or a recipient or in administering from shall require otherwise eligible faith-based organizations to provide assurances or notices where they are not required of similarly situated secular organizations. All organizations that participate in programs or activities, including organizations with religious character or affiliations, must carry out eligible activities in accordance with all program requirements, subject to any required or appropriateaccommodation, particularly under the Religious Freedom Restoration , and other applicable requirements governing the conduct of -funded activities, including those prohibiting the use of direct financial assistance to engage in explicitly religious activities. No notice of funding availability, grant agreement, cooperative agreement, covenant, memorandum of understanding, policy, or regulation that is used by or a recipient or in administering ?nancial assistance from shall disqualify otherwise eligible faith-based organizations from participating in ‘s programs or activities because such organization is motivated or in?uenced by religious faith to provide such programs and activities, or because of its religious character or affiliation, or on grounds that discriminate against an organization on the basis of the organization's religious exercise, as de?ned in this part. (i) Exemption from Title VII employmentdiscrimination requirements.
A religious organization’s exemption from the Federal prohibition on employment discrimination on the basis of religion, set forth in section 702(a) of the Civil Rights Act of 1964 ( ), is not forfeited when the organization participates in a HUD program. Some HUD programs, however, contain independent statutory provisions that impose certain nondiscriminationrequirements on all grantees. Accordingly, grantees should consult with the appropriate HUD program of?ce to determine the scope of applicable requirements. (j) Acquisition, construction, and rehabilitationof structures.
Direct Federal ?nancial assistance may be used for the acquisition, construction, or rehabilitation of structures only to the extent that those structures are used for conducting eligible activities under a HUD program or activity.
Where a structure is used for both eligible and explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization),direct Federal ?nancial assistance may not exceed the cost of the share of acquisition,construction, or rehabilitation attributable to eligible activities in accordance with the cost accounting requirements applicable to the HUD program or activity. However, HUD intermedia HUD
HUD
HUD
applicant
state
HUD
applicant
Internal Revenue Code
acquisition, construction, or rehabilitation of sanctuaries,chapels, or other rooms that a HUD—fundedfaith-based organization uses as its principal place of worship, may not be paid with direct Federal ?nancial assistance.
Disposition of real property by a faith-based organization after its use for an authorized purpose, or any change in use ofthe property from an authorized purpose, is subject to Govemment-wide regulations governing real property disposition (2 CFR part 200, subpart D) and the HUD program regulations, as directed by HUD. (k) Commingling of Federal and State, tribal, and local funds.
If a State, tribal, or local government voluntarily contributes its own funds to supplement direct Federal ?nancial assistance for an activity, the State, tribal or local government has the option to segregate those funds or commingle them with the direct Federal ?nancial assistance. However, if the funds are commingled, the requirements of this section apply to all of the commingled funds. Further, if a State, tribal, or local government is required to contribute matching ?mds to supplement direct Federal ?nancial assistance for an activity, the matching funds are considered commingled with the direct Federal ?nancial assistance and, therefore, subject to the requirements of this section. Some HUD programs’ requirements govern any activity assisted under those programs. Accordingly, recipients should consultwith the appropriate HUD program office to determine the scope of applicablerequirements.
(1)Tax exempt organizations.
In general, does not require that a recipient, including a faith-based organization, obtain tax-exempt status under section 501(c)(3) of the to be eligible for funding under programs. Many grant programs, however, do require an organization to be a nonpro?t organization in order to be eligible for funding.
Notices of funding availability that require organizations to have nonpro?t status will speci?cally so indicate in the eligibility section of the notice of funding availability. In addition, if any notice of funding availability requires an organization to maintain tax-exempt status, it will expressly the statutory authority for requiring such status. should consult with the appropriate program of?ce to determine the scope of any applicable requirements. In programs in which an must show that it is a nonpro?t organization but this is not statutorily de?ned, the may do so by any of the following means:
(1) Proof that the Internal Revenue Service currently recognizes the as an organization to which contributions are tax deductible under section 501(c)(3) of the , (2) A statement from a or other governmental taxing body or the of certifying that (i) The organization is a nonpro?t organization operating within the ; and (ii) No part of its net earnings may bene?t any private shareholder or individual; (3) A certi?ed copy of the 's certi?cate of incorporation or similar document that clearly establishes the nonpro?t status of the ;
(4) Any item described in paragraphs (l)(l) through (3) of this section, if that item applies to a State of national parents organization, together with a statement by the State of parent organization that the applicant is a local nonpro?t af?liate; or
(5) For an entity that holds a sincerely held religious belief that it cannot apply for a determination as an entity that is tax-exempt under section 501(c)(3) of the Internal Revenue Code, evidence suf?cient to establish that the entity would otherwise qualify as a nonpro?t organization under paragraphs (l)(l) through (4) of this section. (In) Rule of construction.
Neither nor any recipient or other receiving funds under any program or activity shall construe these provisionsin such a way as to advantage or disadvantage faith-based organizations with historic or well-established religions or sects in comparison with other religions or sects.
Credits
affiliated
intermedia
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69FR41717 80 FR75934 81 FR 19416
61 FR 5202 61 FR 9041 61 FR 9537 61 FR 11113
61 FR 13616 61 FR 54498 70 FR 77743 73 FR
72340 75 FR 66258 77 FR 5674 80 FR 42352 §1
FR 19416 81 FR 80798 81 FR 90657
12 U.S.C. 1701x 42 U.S.C. 1437a 1437c 1437d 1437f 1437n 3535(d) Pub.L. 109- 115 119 Stat. 2936 Pub.L. 109-162 119 Stat. 3051 42 U.S.C. 140436 et se . E.O. 13279 67 FR 77141 3 E.O. 13559 75 FR 71319 3
" 29 U.S.C. 794
42 U.S.C. 1437a 1437c 1437c~1d 1437d 1437f 1437n 3535(d) Pub.L. 109-115 119 Stat. 2936 42 U.S.C. 5304 b 42 U.S.C. 12101 et se . 42 U.S.C. 12704 12708 E.O. 11063 27 FR 11527 3 E.O. 12892 59 FR 2939 3
,July 9, 2004; , Dec. 7, 2015; , April 4, 2016; 85 FR 82315, Dec 17, 2020] SOURCE: , Feb. 9, 1996; , March 6, 1996; , March 8, 1996; March 18, 1996; , March 27, 1996; , Oct. 18, 1996; , Dec. 30, 2005; , Nov. 28, 2008; , Oct. 27, 2010; , Feb. 3, 2012; , July 16, 2015; , April 4, 2016; , Nov. 16, 2016; , Dec. 14, 2016, unless otherwise noted.
AUTHORITY: , , , , , , ; Sec. 327,
; Sec. 607, ( );
CFR, 2002 Comp., p. 258; and CFR, 2010 Comp., p. 273.; , , , , , , and Sec. 327,
, 42 U.S.C. 3600-3620; ; , , CFR, 1958-1963 Comp., p. 652; CFR, 1994 Comp., p. 849.
EXHIBIT “S"
Economic Opportunities for Low- and Very Low-Income Persons
CONTRACT REQUIREMENTS
24 CFR Part 75
RIVERSIDE COUNTY
Section 75.1 Pur ose
This part establishes the requirementsto be followed to ensure the objectives of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) (Section 3) are met. The purpose of Section 3 is to ensure that economic opportunities, most importantly employment, generated by certain HUD ?nancial assistance shall be directed to low- and Very low-income persons, particularly those who are recipients of government assistance for housing or residents of the community in which the Federal assistance is spent.
Section 75.3 A
e licabili
(a) General applicability. Section 3 applies to public housing ?nancial assistance and Section 3 projects, as follows:
(1) Public housing ?nancial assistance. Public housing ?nancial assistance means:
(i) Development assistance provided pursuant to section 5 of the United States Housing Act of 1937 (the 1937 Act);
(ii) Operations and management assistance provided pursuant to section 9(e) of the 1937 Act; (iii) Development, modernization, and management assistance provided pursuant to section 9(d) of the 1937 Act; and
(iv) The entirety of a mixed-?nance development project as described in 24 CFR 905.604, regardless of whether the project is fully or partially assisted with public housing ?nancial assistance as de?ned in paragraphs (a)(1)(i) through (iii) of this section. (2) Section 3 projects. (i) Section 3 projects means housing rehabilitation, housing construction, and other public construction projects assisted under HUD programs that provide housing and community development ?nancial assistance when the total amount of assistance to the project exceeds a threshold of $200,000. The threshold is $100,000 where the assistance is from the Lead Hazard Control and Healthy Homes programs, as authorized by Sections 501 or 502 of the Housing and Urban Development Act of 1970 (12 U.S.C. 1701z-1 or 17012-2), the Lead-Based Paint Poisoning Prevention Act (42 U.S.C 4801 et seq.); and the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.). The project is the site or sites together with any building(s) and improvements located on the site(s) that are under common ownership, management, and financing.
(ii) The Secretary must update the thresholds provided in paragraph (a)(2)(i) of this section not less than once every 5 years based on a national construction cost in?ation factor through Federal Register notice not subject to public comment. When the Secretary ?nds it is warranted to ensure compliance with Section 3, the Secretary may adjust, regardless of the national construction cost factor, such thresholds through Federal Register notice, subject to public comment. (iii) The requirementsin this part apply to an entire Section 3 project, regardless of whether the project is fully or partially assisted under HUD programs that provide housing and community development ?nancial assistance.
(b) Contracts for materials. Section 3 requirements do not apply to material supply contracts. (c) Indian and Tribal preferences. Contracts, subcontracts, grants, or subgrants subject to Section 7(b) of the Indian Self-Detennination and Education Assistance Act (25 U.S.C. 5307(b)) or subject to tribal preference requirements as authorized under 101(k) of the Native American Housing Assistance and Self-Deterrnination Act (25 U.S.C. 4111(k)) must provide preferences in employment, training, and business opportunitiesto Indians and Indian organizations, and are therefore not subject to the requirements of this part. (d) Other HUD assistance and other Federal assistance. Recipients that are not subject to Section 3 are encouraged to consider ways to support the purpose of Section 3.
Section 75. 5 De?nitions.
The terms HUD, Public housing, and Public Housing Agency (PHA) are de?ned in 24 CFR part
5. The following de?nitions also apply to this part:
1937Act means the United States Housing Act of 1937, 42 U.S.C. 1437 et seq.
Contractor means any entity entering into a contract with:
(1) A recipient to perform work in connectionwith the expenditure of public housing ?nancial assistance or for work in connection with a Section 3 project; or (2) A subrecipientfor work in connection with a Section 3 project.
Labor hours means the number of paid hours worked by persons on a Section 3 project or by persons employed with funds that include public housing ?nancial assistance.
Low-income person means a person as de?ned in Section 3(b)(2) of the 1937 Act.
Material supply contracts means contracts for the purchase of products and materials, including, but not limited to, lumber, drywall, wiring, concrete, pipes, toilets, sinks, carpets, and of?ce supplies.
Professionalservices means non-construction services that require an advanced degree or professional licensing, including, but not limited to, contracts for legal services, ?nancial
consulting, accounting services, environmental assessment, architectural services, and civil engineering services.
Public housing ?nancialassistance means assistance as de?ned in §75.3(a)(l) Public housing project is de?ned in 24 CFR 905.108.
Recipient means any entity that receives directly from HUD public housing ?nancial assistance or housing and community development assistance that funds Section 3 projects, including, but not limited to, any State, local government, instrumentality, PHA, or other public agency, public or private nonpro?t organization.
Section 3 means Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. l701u).
Section 3 business concern means:
( H A business concern meeting at least one of the following criteria, documented within the last six-month period:
(i) It is at least 51 percent owned and controlledby low- or very low-income persons; (ii) Over 75 percent of the labor hours performed for the business over the prior threemonth period are performed by Section 3 workers; or (iii) It is a business at least 51 percent owned and controlled by current public housing residents or residents who currently live in Section 8-assistedhousing. (2) The status of a Section 3 business concern shall not be negatively affected by a prior arrest or conviction of its owner(s) or employees.
(3) Nothing in this part shall be construedto require the contracting or subcontracting of a Section 3 business concern. Section 3 business concerns are not exempt from meeting the speci?cations of the contract.
Section 3 project means a project defined in §75.3(a)(2).
Section 3 worker means:
(1) Any worker who currently ?ts or when hired within the past ?ve years ?t at least one of the following categories, as documented:
(i) The worker's income for the previous or annualized calendar year is below the income limit established by HUD.
(ii) The worker is employed by a Section 3 business concern. (iii) The worker is a YouthBuild participant.
(2) The status of a Section 3 worker shall not be negatively affected by a prior arrest or conviction. (3) Nothing in this part shall be construed to require the employment of someone who meets this de?nition of a Section 3 worker. Section 3 workers are not exempt from meeting the quali?cations of the position to be ?lled.
Section 8-assisted housing refers to housing receiving project-based rental assistance or tenantbased assistance under Section 8 of the 1937 Act.
Service area or the neighborhood ofthe project means an area within onemile of the Section 3 project or, if fewer than 5,000 people live within one mile of a Section 3 project, within a circle centered on the Section 3 project that is suf?cient to encompass a population of 5,000 people according to the most recent U.S. Census.
Small PI-LAmeans a public housing authority that manages or operates fewer than 250 public housing units.
Subcontractor means any entity that has a contract with a contractor to undertake a portion of the contractor's obligation to perform work in connection with the expenditureof public housing ?nancial assistance or for a Section 3 project.
Subrecipient has the meaning provided in the applicable program regulations or in 2 CFR 200.93.
Targeted Section 3 worker has the meanings provided in §§75.1 1, 75.21, or 75.29, and does not exclude an individual that has a prior arrest or conviction.
Very low-income person means the de?nition for this term set forth in section 3(b)(2) of the 1937 Act.
YouthBuild programs refers to YouthBuild programs receiving assistance under the Workforce Innovation and Opportunity Act (29 U.S.C. 3226).
Subpart C—Additional Provisions for Housing and Community Development Financial Assistance
§75.19 Requirements.
(a) Employment and training. (1) To the greatest extent feasible, and consistent with existing Federal, state, and local laws and regulations, recipients covered by this Subpartshall ensure that employment and training opportunities arising in connection with Section 3 projects are provided to Section 3 workers within the metropolitan area (or nonmetropolitan county) in which the project is located.
(2) Where feasible, priority for opportunities and training described in paragraph (a)(1) of this section should be given to:
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(i) Section 3 workers residing within the service area or the neighborhood of the project, .)|: and (ii) Participants in YouthBuild programs.
(b) Contracting. (1) To the greatest extent feasible, and consistent with existing Federal, state, and local laws and regulations, recipients covered by this subpart shall ensure contracts for work awarded in connection with Section 3 projects are provided to business concerns that provide economic opportunitiesto Section 3 workers residing within the metropolitan area (or nonmetropolitan county) in which the project is located.
(2) Where feasible, priority for contracting opportunities described in paragraph (b)(l) of this section should be given to:
(i) Section 3 business concerns that provide economicopportunitiesto Section 3 workers residing within the service area or the neighborhood of the project, and (ii) YouthBuild programs.
§75.21 Targeted Section 3 worker for housing and community development ?nancial assistance. (a) Targeted Section 3 worker. A Targeted Section 3 worker for housing and community development ?nancial assistance means a Section 3 worker who is:
(1) A worker employed by a Section 3 business concern; or (2) A worker who currently ?ts or when hired ?t at least one of the following categories, as documented within the past ?ve years:
(i) Living within the service area or the neighborhood of the project, as de?ned in §75.5; or (ii) A YouthBuild participant.
(b) [Reserved]
§75.23 Section 3 safe harbor.
(a) General. Recipients will be considered to have complied with requirementsin this part, in the absence of evidence to the contrary if they:
(1) Certify that they have followed the prioritizationof effort in §75.l9; and (2) Meet or exceed the applicable Section 3 benchmark as described in paragraph (b) of this section.
(b) Establishing benchmarks.(1) HUD will establish Section 3 benchmarks for Section 3 workers or Targeted Section 3 workers or both through a document published in the FEDERALREGISTER.HUD may establish a single nationwide benchmarkfor Section 3 workers and a single nationwide
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benchmark for Targeted Section 3 workers, or may establish multiple benchmarks based on geography, the nature of the Section 3 project, or other variables. HUD will update the benchmarks through a document published in the FEDERALREGISTER,subject to public comment, not less frequently than once every 3 years. Such notice shall include aggregate data on labor hours and the proportion of recipients meeting benchmarks, as well as other metrics reported pursuant to §75.25 as deemed appropriate by HUD, for the 3 most recent reporting years. (2) In establishing the Section 3 benchmarks, HUD may consider the industry averages for labor hours worked by speci?c categories of workers or in different localities or regions; averages for labor hours worked by Section 3 workers and Targeted Section 3 workers as reported by recipients pursuant to this section; and any other factors HUD deems important.In establishing the Section 3 benchmarks, HUD will exclude professional services from the total number of labor hours as such hours are excluded from the total number of labor hours to be reported per §75.25(a)(4). (3) Section 3 benchmarkswill consist of the following two ratios:
(i) The number of labor hours worked by Section 3 workers divided by the total number of labor hours worked by all workers on a Section 3 project in the recipient's program year. (ii) The number of labor hours worked by Targeted Section 3 workers as de?ned in §75.21(a), divided by the total number of labor hours worked by all workers on a Section 3 project in the recipient's program year.
§75.25 Reporting.
(a) Reporting oflabor hours. (1) For Section 3 projects, recipients must report in a manner prescribedby HUD:
(i) The total number of labor hours worked;
(ii) The total number of labor hours worked by Section 3 workers; and (iii) The total number of labor hours worked by Targeted Section 3 workers. (2) Section 3 workers’ and Targeted Section 3 workers‘ labor hours may be counted for five years from when their status as a Section 3 worker or Targeted Section 3 worker is established pursuant to §75 .31.
(3) The labor hours reported under paragraph (a)(l) of this section must include the total number of labor hours worked on a Section 3 project, including labor hours worked by any subrecipients, contractors and subcontractors that the recipient is required, or elects pursuant to paragraph (a)(4) of this section, to report.
(4) Recipients reporting under this section, as well as subrecipients, contractors and subcontractors who report to recipients, may report labor hours by Section 3 workers, under paragraph (a)(1)(ii) of this section, and labor hours by Targeted Section 3 workers, under paragraph (a)(1)(iii) of this section, from professional services without including labor hours from professional services in the i
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total number of labor hours worked under paragraph (a)(l)(i) of this section. If a contract covers both professional services and other work and the recipient or contractor or subcontractor chooses not to report labor hours from professional services, the labor hours under the contract that are not from professional services must still be reported.
(5) Recipients may report their own labor hours or that of a subrecipient, contractor, or subcontractor based on the employer's good faith assessment of the labor hours of a full-time or parttime employee informed by the employer's existing salary or time and attendance based payroll systems, unless the project or activity is otherwise subject to requirementsspecifying time and attendance reporting.
(b) Additional reporting z'fSection 3 benchmarksare not met. If the recipient's reporting under paragraph (a) of this section indicates that the recipient has not met the Section 3 benchmarks described in §75.23, the recipientmust report in a form prescribed by HUD on the qualitative nature of its activities and those its contractors and subcontractors pursued. Such qualitative efforts may, for example, include but are not limited to the following:
(1) Engaged in outreach efforts to generate job applicants who are Targeted Section 3 workers. (2) Provided training or apprenticeship opportunities.
(3) Provided technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching).
(4) Provided or connected Section 3 workers with assistance in seeking employment including:
drafting resumes, preparing for interviews, and ?nding job opportunities connecting residents to job placement services.
(5) Held one or more job fairs.
(6) Provided or referred Section 3 workers to services supporting work readiness and retention (e.g., work readiness activities, interview clothing, test fees, transportation, child care). (7) Provided assistance to apply for/or attend community college, a four-year educational institution, or vocational/technicaltraining.
(8) Assisted Section 3 workers to obtain financial literacy training and/or coaching. (9) Engaged in outreach efforts to identify and secure bids from Section 3 business concerns. (10) Provided technical assistance to help Section 3 business concerns understand and bid on contracts.
(1 l) Divided contracts into smaller jobs to facilitate participation by Section 3 business concerns. (12) Provided bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns.
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(13) Promoted use of business registries designed to create opportunities for disadvantaged and small businesses.
(14) Outreach, engagement, or referrals with the state one-stop system as de?ned in Section 121(c)(2) of the Workforce Innovation and Opportunity Act. (c) Reporting ?equency. Unless otherwise provided, recipients must report annually to HUD under paragraph (a) of this section, and, where required, under paragraph (b) of this section, on all projects completed within the reporting year in a manner consistent with reporting requirements for the applicableHUD program.
§75.27 Contract provisions.
(a) Recipients must include language applying Section 3 requirements in any subrecipient agreement or contract for a Section 3 project.
(b) Recipients of Section 3 funding must require subrecipients, contractors, and subcontractors to meet the reouirements of 875.19. regardless of whether Section 3 language is included in recipient or subrecipient agreements, program regulatory agreements, or contracts.
Subpart D—Provisions for Multiple Funding Sources, Recordkeeping, and Compliance
§75.29 Multiple funding sources.
(a) If a housing rehabilitation, housing construction or other public construction project is subject to Section 3 pursuant to §75.3(a)(l) and (2), the recipient must follow subpart B of this part for the public housing ?nancial assistance and may follow either subpart B or C of this part for the housing and community development financial assistance. For such a project, the following applies:
(1) For housing and community development ?nancial assistance, 3. Targeted Section 3 worker is any worker who meets the de?nition of a Targeted Section 3 worker in either subpart B or C of this part; and
(2) The recipients of both sources of funding shall report on the housing rehabilitation, housing construction, or other public construction project as a whole and shall identify the multiple associated recipients. PHAS and other recipients must report the following information:
(i) The total number of labor hours worked on the project; (ii) The total number of labor hours worked by Section 3 workers on the project; and (iii) The total number of labor hours worked by Targeted Section 3 workers on the project. (b) If a housing rehabilitation, housing construction, or other public construction project is subject to Section 3 because the project is assisted with funding from multiple sources of housing and community development assistance that exceed the thresholds in §75.3(a)(2), the recipient or recipients
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In
must follow subpart C of this part, and must report to the applicable HUD program office, as prescribed by HUD.
§75.31 Recordkeeping.
(a) HUD shall have access to all records, reports, and other documents or items of the recipient that are maintained to demonstrate compliance with the requirements of this part, or that are maintained in accordance with the regulations governing the speci?c HUD program by which the Section 3 project is governed, or the public housing ?nancial assistance is provided or otherwise made available to the recipient, subrecipient, contractor, or subcontractor. (b) Recipients must maintain documentation, or ensure that a subrecipient, contractor, or subcontractor that employs the worker maintains documentation, to ensure that workers meet the de?nition of a Section 3 worker or Targeted Section 3 worker, at the time of hire or the ?rst reporting period, as follows:
(1) For a worker to qualify as a Section 3 worker, one of the following must be maintained:
(i) A worker's self-certi?cation that their income is below the income limit from the prior calendar Year;
(ii) A worker's self-certi?cation of participation in a means—testedprogram such as public housing or Section 8-assisted housing;
(iii) Certi?cation from a PHA, or the owner or property manager of project-based Section 8- assisted housing, or the administrator of tenant-based Section 8-assisted housing that the worker is a participant in one of their programs;
(iv) An employer's certi?cation that the worker's income from that employer is below the income limit when based on an employer's calculation of what the worker's wage rate would translate to if armualized on a full-time basis; or
(v) An employer's certi?cation that the worker is employed by a Section 3 business concern. (2) For a worker to qualify as a Targeted Section 3 worker, one of the following must be maintained:
(i) For a worker to qualify as a Targeted Section 3 worker under subpart B of this part:
(A) A worker's self-certi?cation of participation in public housing or Section 8-assisted housing programs;
(B) Certi?cation from a PHA, or the owner or property manager of project-based Section 8- assisted housing, or the administrator of tenant-based Section 8-assisted housing that the worker is a participant in one of their programs;
(C) An employer's certi?cation that the worker is employed by a Section 3 business concern; or
If
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an
(D) A worker's certi?cation that the worker is a YouthBuild participant. (ii) For a worker to qualify as a Targeted Section 3 worker under subpart C of this part:
(A) An employer's con?rmation that a worker's residence is within one mile of the work site or, if fewer than 5,000 people live within one mile of a work site, within a circle centered on the work site that is suf?cient to encompass a population of 5,000 people according to the most recent U.S. Census; (B) An employer's certi?cation that the worker is employed by a Section 3 business concern; or (C) A worker's self—certi?cationthat the worker is a YouthBuild participant. (c) The documentation described in paragraph (b) of this section must be maintained for the time period required for record retentions in accordance with applicable program regulations or, in the absence of applicable program regulations, in accordance with 2 CFR part 200. (d) A PHA or recipient may report on Section 3 workers and Targeted Section 3 workers for ?ve years from when their certi?cation as a Section 3 worker or Targeted Section 3 worker is established. §75.33 Compliance.
(a) Records ofcamp]iance. Each recipientshall maintain adequate records demonstrating compliancewith this part, consistent with other recordkeeping requirementsin 2 CFR part 200. (b) Complaints. Complaints alleging failure of compliance with this part may be reported to the HUD program of?ce responsible for the public housing ?nancial assistance or the Section 3 project, or to the local HUD ?eld of?ce.
(c) Monitoring. HUD will monitor compliance with the requirements of this part. The applicable HUD program of?ce will determine appropriatemethods by which to oversee Section 3 compliance. HUD may impose appropriateremedies and sanctions in accordancewith the laws and regulations for the program under which the was found
CITY PROGRAM CONTACTS: Lori Sassoon, City Manager
SUBRECIPIENT NAME: City of Norco Department of Parks, Recreation and Community Services ADDRESS: 2870 Clark Avenue, Norco, CA 92860
I. GENERAL INFORMATION
CITY NAME: City of Norco
ADDRESS: 2870 Clark Avenue
SUPPLEMENTAL AGREEMENT
SCOPE OF WORK
(PUBLIC SERVICE)
PHONE: 951-270-5632 FAX: 951 270-5681
E-MAIL: lsassoon ci.norco.ca.us
PROJECT NAME: Senior Citizen Recreation and Communi Services PROJECT LOCATION: 2690 Clark Avenue Norco CA 92860
LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4)] CDBG ELIGIBILITY CODE: 24 CFR 570.201 (e) Public Services PROJECT FUNDING SUMMARY: $12,000
Project to be administered by County (HWS) on behalf of CITY: YES I:I NO IX II. SCOPE OF SERVICE
A. Activities
City will be responsible for administering a 2022-2023 Community Development Block Grant for the Senior Citizen Recreation and Community Services in a manner satisfactory to the County of Riverside and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program:
Activity #1 The City will provide various health, recreational, educational, and social programs for seniors at the Rose M Eldridge Senior Center in the City ofNorco. CDBGfundswill be used to pay forprogram—related expenses.
B. National Objective
UEI#: Pending
Norco, CA 92860
EXHIBIT A
File No.2 2 .NR.59-22
All activities ?lnded with CDBG funds must comply with one of more of the CDBG program’s ‘ National Objective Criteria as required under 24 CFR 570.200(a)(2). CITY certifiesthat the activity (ies‘) carried out under this Agreement will meet the following National Objective:
National Objective Criteria: 570.208 (a)(2)(i)(A)
CFR Reference: Low Mod Limited Clientele Presumed
C. Levels of Accomplishment — Goals and Performance Measures The City agrees to providethe following levels of program services:
Units Total Total
er Month Units/Y ear Undu licated Persons
Activity #1 150 150
Unit of Service is defined as: seniors served
CPD OUTCOME PERFORMANCE MEASUREMENT
Objectives (select one): E Creating Suitable Living Environments I:I Providing Decent Affordable Housing
I:I Creating Economic Opportunities
Outcome (select one): Availability/Accessibility
I:] Affordability
[:] Sustainability (promoting livable or viable communities) D. City Capacity
By executing this SupplementalAgreement, the City certi?es that it and its subrecipients have the appropriate number of trained and knowledgeable staff, adequate facilities, proper equipment, required licensing and permitting, and sufficient amount of ?nancial resources necessary to implement and carry out the activities ?mded with CDBG funds.
City will immediately notify County of any signi?cant changes in organizational management, assigned staff, change in facilities, loss or change in matching funds, or any other event that could potentially impact City’s performance under this Agreement. Any changes in the above items are subject to the prior approval of the County.
E. Performance Monitoring
The County of Riverside will monitor the performance of the City and its subrecipients against goals and performance standards as stated above. Substandard performance as determined by the County will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the City within a reasonableperiod of time after being noti?ed by the County, contract suspension or termination procedures will be initiated.
F. Program Budget
Activity
EXHIBIT A
File No.: 2 .NR.5 9-22
EXHIBIT A
File No.: 2.NR.59-22
It is expressly agreed and understood that the total amount to be paid by the County under this Agreement shall not exceed $12,000. Drawdowns for the payment of eligible expenses shall be made against the line item budgets speci?ed in this Section and in accordance with performance. Payments may be contingent upon certi?cation of the Subrecipient’s ?nancial management system in accordance with the standards speci?ed in Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200).
The County may require a more detailed budget breakdown than the one contained herein, and the City shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the County. Any amendments to the budget must be approved in writing by both the County and City.
Line Item Total Non- Total Notes
CDBG Funds Activity/Project
Bud et
Total Direct Program $128,516 $140,516
Expenses
Salaries
Fringe
Office Space (Program Only)
Utilities
Communications
Reproduction/Printing
Supplies and Materials
Mileage
Equipment (Program Only)
Audit
Transportation
Other: Program Related
Ex enses
Total Indirect Program
Expenses
Indirect Costs (Specify)*
G. Total Amount of Non- CDBG Leveraging
* All indirect costs must be pre-approved by the County. City must submit an Indirect Cost Allocation Plan to County,in a form speci?ed by County, demonstrating the appropriate share of general and administrative costs.
CDBG Granted
Funds
$ 12,000
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111 _ 11
j$1:1 Z1111
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TOTAL
Sr. Grant $127,516
donations $1,000
$127,516
$1,000
f SOURCE AMOUNT §OURCE AMOUNT ‘
III.
C.
l.
ADMINISTRATIVE REQUIREMENTS
Accounting Standards
The City agrees to comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.
Cost Principles
The City shall administer its program in conformance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200).
These principlesshall be applied for all costs incurred whether charged on a direct or indirect basis.
Documentation and Record Keeping
Records to be Maintained:
The City and its subrecipients will maintain all records required by the Federal regulations speci?ed in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:
2. Records providing a full description of each activity undertaken; .u—..
1i. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
iii. Records required to determine the eligibility of activities; iv. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; v. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
vi. Financial records as required by 24 CFR 570.502, and 2 CFR 200; and vii. Other records necessary to document compliancewith Subpart K of 24 CFR Part 570.
Records Retention:
TOTAL: $128 516 ‘ ,ym_,
EXHIBIT A
File No.: 2 .NR.59-22
v?
EXHIBIT A
File No.: 2.NR.59-22
The City shall retain all CDBG-related ?nancial records,supporting documents, contracts, and agreements for a period of four (4) years. The retention period begins on the date of the submission of the County’s annual performance and evaluationreport to HUD in which the activities assisted under the Agreement are reported for the ?nal time. The City will retain all National Objective documentation, including lowmoderate income certi?cation, ethnicity, and other pertinent data for a period of four (4) years after submission of the County’s annual performance and evaluation report to HUD. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues.
3. Client Data:
The City shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to County monitors or their designees for review upon request.
4. Disclosure:
The City understandsthat client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the County’s or City’s responsibilities with respect to services provided under this contract, is prohibitedby applicable federal and State law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsibleparent/guardian.
5. Close-outs:
The City’s obligation to the County shall not end until all close—outrequirements are completed.Activities during this close-out period shall include, but are not limited to: making ?nal payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the County), and determining the custodianship of records.
Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the City has control over CDBG funds, including program income.
6. Audits & Ins ections:
All City records with respect to any matters covered by this Agreement shall be made available to the County, HUD, and the Controller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any de?ciencies noted in audit reports must be fully cleared by the City within 30 days after receipt by the City. Failure of the City to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The City hereby agrees to have an annual agency audit conducted in accordance with current County policy concerning subrecipient audits, the Single Audit Act, and the Of?ce of Management and Budget (OMB) Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Costs Principles,and Audit Requirements for Federal Awards (Uniform Guidance).
IV. PROJECT IMPLEMENTATION AND SCHEDULE
A
EXHIBIT A
File No.: 2 .NR.59-22
TBD
Unless pre-approved by County, CITY will perform and complete the activities described in Section II in conformance with the schedule of tasks and milestones listed below:
Tasks / Milestone Start Date Corn letion Date
Complete Subrecipient September 2022 September 2022
Training
Implement Program Activities July 1, 2022
Execute SupplementalAgreement September 2022 October 2022 & Notice to Incur Cost
City Submits Approved Subrecipient September 2022 October 2022 Agreement to HWS
City Submit Quarterly November 2022 March 17, 2023 2 Performance Reports to County County Monitoring of City
Performance
City Submits Monthly October 2022 March 17, 2023
Direct Bene?t Reports
City Submits Reimbursement October 2022 March 17, 2023
Requests 4
1 The Notice to Incur Cost Letter will provide the speci?c program implementation date for this CDBG-funded activity.
2, 3, 4 Submittal of required documentationis determined by the speci?c bene?t period of the CDBG-funded activity. Confirm performance requirements with CDBG Program Manager.
CDBG Pro ram Services Com lete
V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS
March 17, 2023
Sponsor must collect eligibility self-certi?cations from every participant in the CDBG-funded program.
At a minimum, participantsmust certify that they are 55 years of age or older, and they must report their ethnicity. This documentation must be submitted to HWS on a monthly basis for new participants unless otherwise authorized in writing by CDBG program staff.
Please note: Once the Notice to Incur Cost letter is received, City must submit monthly reimbursement requests unless another schedule is approved, in writing, by HWS. Further, at least 75% of all 2022-2023 CDBG funds must be drawn down by January 13, 2023, and 100% of all 2022-23 CDBG funds must be drawn down by March 17, 2023. Failure to meet this draw down schedule will result in the closing or cancellation of the CDBG grant and reprograming of remaining ?mds.
u
311
I. GENERAL INFORMATION
CITY NAME: Ci of Norco
SUPPLEMENTAL AGREEMENT
SCOPE OF WORK
(NON-PUBLIC SERVICE)
EXHIBIT B
File No.: 2.NR.60-22
PHONF. : 951-270-5632 FAX : 951 270-5681
E—MAIL: lsassoon ci.norco.ca.us
PROJECT NAME: Pikes Peak Park ADA S thetic Poured In Place Surface Pro'ect PROJECT LOCATION: 97 6th Street, Norco, CA 92860
LEVEL OF ENVIRONMENTAL CLEARANCE: §58.35(a)(2)
CDBG ELIGIBILITY CODE: 570.201 (c)
PROJECT FUNDING SUMMARY: $218,094
Project to be administered by County (HWS) on behalf of City: YES |:] NO II. SCOPE or SERVICE
A. Activities
City will be responsible for administering a 2022-2023 Community Development Block Grant for the Pikes Peak Park ADA Synthetic Poured In Place Surface Project in a manner Satisfactory to the County of Riverside and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program:
Activity #1 The City ofNorco will use CDBG fundsto remove the ground surfaceat Pikes Peak Park and replace it with ADA-compliant synthetic surfacing. CDBGfundswill be used to pay for design, construction, project management, compliance monitoring, inspection, and other related expenses.
UEI #: Pendin
ADDRESS: 2870 Clark Avenue
PROGRAM CONTACTS: Lori Sassoon, Cit Mana er
Norco, CA 92860
()(_)(J( J
EXHIBIT B
File N0.: 2.NR.60-22
B. National Objective
All activities funded with CDBG funds must comply with one of more of the CDBG program’ 5 National Objective Criteria as required under 24 CFR 570.200(a)(2). City certi?es that the activity(ies) carried out under this Agreement will meet the following National Objective:
National Objective Criteria: 570.208 a 2 i A
CFR Reference: Low Mod Limited Clientele Presumed
C. Levels of Accomplishment — Goals and Performance Measures The City agrees to implement and complete the following activity(ies):
Activity #1: Remove the ground surfaceat Pikes Peak Park and replace with ADA compliant synthetic surfacing.
Activity #2: Design, construction, project management, compliance monitoring, inspection, and other related expenses.
CPD OUTCOME PERFORNIANCE MEASUREMENT
Objectives (select one): Creating Suitable Living Environments Providing Decent Affordable Housing
Creating Economic Opportunities
Outcome (select one): Availability/Accessibility
Affordability
Sustainability (promoting livable or viable communities) D. City Capacity
By executing this Supplemental Agreement, the City certi?es that it has the appropriate number of trained and knowledgeable staff, adequate facilities, proper equipment, required licensing and permitting, and suf?cient amount of ?nancial resources necessary to implement and carry out the activities funded with CDBG funds.
City will immediately notify County of any signi?cant changes in organizational management, assigned staff, change in facilities, loss or change in matching funds, or any other event that could potentially impact the City or subrecipient’s performance under this Agreement.
Any changes in the above items are subject to the prior approval of the County
_ND_ _N____|_
EXHIBIT B
File No.: 2..
E. Performance Monitoring
The County of Riverside will monitor the performance of the City and its subrecipients against goals and performance standards as stated above. Substandard performance as determined by the County will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the City within a reasonable period of time after being noti?ed by the County, contract suspension or termination procedures will be initiated.
F. Program Budget
It is expressly agreed and understood that the total amount to be paid by the County under this Agreement shall not exceed $218 094 Drawdowns for the payment of eligible expenses shall be made against the line item budgets speci?ed in this Section and in accordance with performance. Payments may be contingent upon certi?cation of the Subrecipient’s ?nancial management system in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200).
The County may require a more detailed budget breakdown than the one contained herein, and the City shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the County. Any amendments to the budget must be approved in writing by both the County and City Line Item CDBG Granted Total of Non- Total Activity/Project Notes Funds CDBG Funds Budget
Design/Engineering Costs X
Project Administration Costs X
Construction Costs X
Acquisition Costs
Relocations Costs
Capital Equipment Costs
Code Enforcement
Clearance
Interim Assistance
Indirect Costs:
TOTALc":"1)’§GBUBGET$218,094 $332118
G. Total Amount of Non- CDBG Leveraging
EXHIBIT B
File No.: 2.NR.60-22
III.
TOTAL: $3 118
ADMINISTRATIVE REQUIREMENTS
Accounting Standards
The City agrees to comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.
Cost Principles
The City shall administer its program in conformance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200).
These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.
Documentation and Record Keeping
Records to be Maintained
The Subrecipient shall maintain all records required by the Federal regulations speci?ed in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:
1 ii.
iii.
iv.
vi.
vii.
Records providing a full description of each activity undertaken; Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
Records required to determine the eligibility of activities; Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;
Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
Financial records as required by 24 CFR 570.502, and 2 CFR 200; and Other records necessary to document compliance with Subpart K of 24 CFR Part 570.
SOURCE AMOUNT SOURCE AMOUNT SOURCE Al\1OUNT
Local Funds 3118
OTHER
PRIVATE
STATE/LOCAL $3,118
FEDERAL
TYPE TOTAL
EXHIBIT B
File No.2 2.NR.60-22
2. Records Retention
The City shall retain all CDBG-related financial records, supporting documents, contracts, and agreements for a period of four (4) years. The retention period begins on the date of the submission of the County’s annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported for the ?nal time. The City will retain all National Objective documentation, including low-moderate income certi?cation, ethnicity, and other pertinent data for a period of four (4) years after submission of the County’s annual performance and evaluation report to HUD.
Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actionsthat involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues.
3. Client Data
The City shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to County monitors or their designees for review upon request.
4. Qisclosure
The City understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the County’s or City’s responsibilities with respect to services provided under this contract, is prohibited by applicable federal and State law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/ guardian.
5. Close—outs
The City’s obligation to the County shall not end until all close-out requirements are completed.
Activities during this close-out period shall include, but are not limited to: making ?nal payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the County), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the City has control over CDBG funds, including program income.
6. Audits & Ins ections
All City records with respect to any matters covered by this Agreement shall be made available to the County, HUD, and the Controller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any de?ciencies noted in audit reports must be fully cleared by the City within 30 days after receipt by the City. Failure of the City to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The City hereby agrees to have an annual agency audit conducted in accordance with current County policy concerning subrecipient audits the Single Audit Act, and the Of?ce of Management and Budget (OMB) Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Costs Principles, and Audit Requirements for Federal Awards (Uniform Guidance).
Execute Supplemental Agreement September 2022 October 2022 July 2022 August 2022
Start Date Com letion Date
EXHIBIT B
File No.2 2.NR.60-22
June 15, 2023
IV. PROJECT IMPLEMENTATION AND SCHEDULE
Unless pre-approved by County, City will perform and complete the activities described in Section II in conformance with the schedule of tasks and milestones listed below’ Tasks / Milestone
Complete CDBG Training
Implement Project Activities
& Notice to Incur Cost
Tasks / Milestone Start Date Com letion Date
Submit Quarterly Performance Reports to County October 2022 Through June 2023 County Monitoring of City Program/Perfonnance To be determined by Program Manager S eci?c Pro'ect Activities
1. City executes Supplemental Agreement; receives Authorization to Incur Cost letter
2. City prepares ?nal construction documents (incorporating Special Federal Provisions) for HWS review and approval
3. HWS authorizes City to advertise for bids
4. HWS reviews and approves bidding process
5. City awards construction contract
6. City and HWS conduct “pre—constructionmeeting”
7. HWS authorizes City to issue “Notice to Proceed”
City Submits Reimbursement Requests
Monthly Submittal C]
Other Schedule E
CDBG-funded Project Complete
Upon Noti?cation from HWS
EXHIBIT B
File No.: 2.NR.60-22
V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS
City must follow proper procurement and construction policies and procedures of the City and CDBG regulations. No construction will shall commence using CDBG funding without prior Notice to Proceed.
Pre-Construction meeting required. City is required to contact the County Program Manager for review prior to submission of RFP, construction activity or cost Without prior written approval. County must be contacted 10 days in advance for attendance of Pre-Construction meeting. Original Certi?ed payrolls to be submitted on a weekly basis to County
City Council
STAFF REPORT
Date: November 2, 2022 Agenda Item:
2.D.
To: Honorable Mayor and City Council Members
Prepared By: Chad Blais, Public Works Director
Department: Public Works
SUBJECT:
Award of Professional Design Services Contract for the Town & Country Storm Drain Project and Minor Storm Drain Improvement Project (Parkridge Avenue & North Drive) RECOMMENDATION:
Award contract to KWC Engineers for professional design services for the Town & Country Storm Drain Project and Minor Storm Drain Improvement Project (Parkridge Avenue & North Drive) in the amount of $126,525; and authorize the City Manager to approve contract change orders up to 10 percent of the total proposal amount of each proposal.
SUMMARY:
Proposals for professional design services for the two (2) projects were submitted to the City on September 15, 2022 with KWC Engineers providing the most responsive and costeffective proposal for the project.
BACKGROUND:
Requests for Proposals for storm drain design services were sent out on August 23, 2022 with proposals being submitted on September 15, 2022. A total of seven (7) companies submitted design proposals for two (2) individual storm drain projects with some companies only submitting for one of the two projects: Town & Country Storm Drain Project and Minor Storm Drain Improvement Project (Parkridge Avenue & North Drive).
The proposal summary analysis has been provided below for Council's review and exhibits identifying each project location (see Project Exhibits).
Company Town & Country SD Minor SD Project
KWC Engineers $65,125 $61,400
Hunsaker & Associates $79,750 $79,904
Krieger & Stewart $96,600 $89,500
Armstrong & Brooks $57,610 N/A
ESRC N/A $68,020
Tait $84,290 $64,765
Merrill Johnson N/A $95,287
Staff has reviewed all the proposals submitted for the Town & Country Storm Drain Project and although the proposal from Armstrong and Brooks was the most responsive, the City already has multiple time sensitive design projects under contract with Armstrong and Brooks. Therefore, staff has elected to recommend awarding the design work for the Town & Country Storm Drain Project to KWC Engineers of Corona, California as the next responsive and cost-effective bidder in the amount of $65,125 (see attached proposal).
Staff has also reviewed all the proposals submitted for the Minor Storm Drain Improvement Project and determined KWC Engineers of Corona, California as the most responsive and cost-effective bidder in the amount of $61,400 (see attached proposal).
Therefore, staff is recommending that the City Council accept the proposals submitted, award a contract to KWC Engineers for professional design services for the Town & Country Storm Drain Project and Minor Storm Drain Improvement Project (Parkridge Avenue & North Drive) in the amount of $126,525 (see attached Contract); and authorize the City Manager to approve contract change orders up to 10 percent of the total proposal amount for each proposal. Please note although the City Council will be approving one contract for both storm drain projects, staff will be issuing separate purchase orders for each project based on the individual proposal submitted by KWC Engineers.
FISCAL IMPACT:
The Town & Country Storm Drain Project and Minor Storm Drain Improvement Project (Parkridge Avenue & North Drive) described herein were approved as Capital Improvement Projects (CIP) for Fiscal Year 2022-2023. Funds are available and sufficient to fund the lowest bidder bid amount including the 10 percent contingency:
• Town & Country Storm Drain Project - Project number 4214.40; $72,000 for design - 129.935.43180.30
• Minor Storm Drain Improvement Project (Parkridge Avenue & North Drive) - Project number 4200.2; $68,000 for design - 129.935.43180.30 RELATIONSHIP TO STRATEGIC PLAN:
Design of these multiple storm drain projects are consistent with Strategic Direction #5 - Infrastructure & Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
Project Exhibits
Proposal - Town & Country
Proposal - Minor SD Project
Contract
PREPARED FOR:
CITY OF NORCO
Engineering Department
2870 Clark Avenue
Norco, CA 92860
Attention: Sam Nelson, Deputy City Engineer
PREPARED BY:
KWC ENGINEERS
1880 Compton Avenue, Suite 100
Corona, CA 92881
Victor Elia, PE, QSP
Tel: (951) 734-2130 Ext. 220
Cell: (951) 847-6750
[email protected]
www.kwcengineers.com
September 15, 2022
PROPOSAL FOR
PROFESSIONAL ENGINEERING AND DESIGN SERVICES
Town and Country Storm Drain
City of Norco
Professional Engineering and Design Services
Town and Country Storm Drain Project
September 15, 2022 1
September 15, 2022
CITY OF NORCO
ENGINEERING DEPARTMENT
2870 CLARK AVENUE
NORCO, CA 92860
ATTENTION: SAM NELSON,DEPUTY CITY ENGINEER
REGARDING: REQUEST FOR PROPOSAL FOR PROFESSIONAL ENGINEERING AND DESIGN SERVICES
TOWN AND COUNTRY STORM DRAIN PROJECT
Dear Mr. Nelson:
KWC Engineers (KWC) appreciates this opportunity to provide a proposal for Professional Engineering and Design Services for the Town and Country Storm Drain Project to the City of Norco (City). We have prepared this proposal in accordance with the City’s Request for Proposal.
KWC understands the City desires to install approximately 1,300 linear feet of varying size RCP storm drain pipe within Town and Country Drive, Tara Lane and Hamner Avenue. Design shall include the storm drain pipe, catch basins, manholes, and junction structures.
Below are three (3) reasons why the City should hire KWC for this project:
1) KWC has built a team (in-house and subconsultants) that has the expertise to perform this work based on our recent experience working on similar projects including other RCFC&WCD storm drain projects. Our storm drain design team is available to begin work upon notice to proceed. 2) KWC has built relationships with the City staff to facilitate the completion of City projects. We have completed eight (8) projects for the City within the last four (4) years. 3) KWC is known as a company that uses strategic approach, teaming, service, trust and respect to complete similar projects with excellence.
Since our founding in 1981, we have provided professional Civil Engineering and Surveying Consulting Services to our public and private clients throughout Riverside County, San Bernardino County, and Orange County. Our long-term success is based upon the understanding of expectations and goals and by developing lasting relationships with our clients, city staff, and elected officials.
The KWC team consists of 35 experienced and talented professionals including six (6) Registered Professional Engineers, eight (8) E.I.T’s and three (3) Licensed Surveyors. KWC’s corporate office is located in Corona at 1880 Compton Avenue just south of the I-15 and 91 Freeway interchange.
City of Norco
Professional Engineering and Design Services
Town and Country Storm Drain Project
September 15, 2022 2
On behalf of KWC, Victor Elia will be the contact person during the proposal evaluation phase. His contact information is:
Victor Elia, P.E., Q.S.D. – Vice President / Public Works Manager KWC Engineers – 1880 Compton Ave., Suite 100, Corona CA 92881 Office: (951) 734-2130, Extension 220
Cell: (951) 847-6750
Email: [email protected]
We propose to hire, manage and oversee the following subconsultants:
• Inland Aerial Surveys, Inc. for Aerial Topography or KWC Drone Flight • Boudreau Pipeline for Potholing
All charges for subcontracted services shall be in the same amount as actually invoiced to and paid by the engineer plus an allowable 5% markup.
The design survey work will be performed by our own survey crew, led by Tom Caseldine, P.E., L.S. who is very familiar with City of Norco.
The cost of printing, mileage, telephone, mailing, and other expenses incidental to the performance of the main items of the Engineering Services to be rendered are included in the hourly rates of said hourly rate schedule, and there will be no additional charges.
As an Engineering Consultant for the City, we will handle and coordinate all aspects of your projects to ensure timely delivery of needed plans and documents while maintaining a balanced project budget. This includes working in partnership with the City, City Consultants, Agencies, and other Stakeholders to make your project a success for the benefit of the general public.
This proposal shall remain valid for 90 days from this date of submittal, September 15, 2022. By signing this Transmittal Letter, I acknowledge that all information found within the attached proposal is true and correct and that I am an authorized person to bind KWC to the terms of the proposal.
Sincerely,
KWC ENGINEERS
Brandon Barnett, P.E., L.S.
President
City of Norco
Professional Engineering and Design Services
Town and Country Storm Drain Project
September 15, 2022 3
Project Understanding and Approach
The City of Norco Department of Public Works proposes to install approximately 1,300 linear feet of varying size, up to 36”- diameter RCP storm drain pipe within Town and Country Drive, Tara Lane and Hamner Avenue connecting to the existing catch basin located on Valley View Avenue. The new storm drain pipe shall be constructed first horizontally avoiding the existing storm drain, sewer and water pipelines. Next, storm drain shall be designed vertically to provide a connection to the existing storm drain in Hamner Avenue, using sufficient pipe size, minimum cover, at least minimum slope to upstream end and shall include laterals to catch basins to intercept runoff at strategic locations. The end of the storm drain laterals shall be deep enough to provide required freeboard below the curb flowline at the catch basins.
Storm Drain Improvement Plans shall be prepared by KWC including: plan and profile, manholes, catch basins, local depression by cutting into the existing curb, gutter, and sidewalk, hydraulic grade lines, and utilizing RCFC&WCD standard drawings. Design will include upstream catch basin at the low point in Horseless Carriage Drive (with the option to remove the existing cross-gutter), catch basins at the intersection of Tara Lane and Town and Country Drive to intercept flows as well as providing pipe connections to remove existing parkway culverts as requested. The design will include trench and pavement repair per City standards but does not include full street improvements. Plan and profile design shall be governed by the location of existing utilities, sewer, water, including dry utilities, separation requirements between potable waterlines and storm drain lines and the consideration of traffic control during construction.
Plans shall be designed per City of Norco and RCFC&WCD standards including:
1) Standard Pipe alignment, unless existing utilities require a deviation 2) Vertical Crossing separation (minimum 1-foot)
3) Pipe depth (5-6 foot cover typical to avoid existing laterals) 4) Existing Sewer, Water and Gas Lateral crossings and possible relocations required. 5) Pipe Hydrology and Hydraulic Data labeled on the plans per Hydrology and Hydraulic Report 6) Catch Basins sized to capture 10-Year / 100-Year flows as directed by City 7) Trench backfill per City std. and A.C. pavement repair including laterals per City std. 401 and 402.
City of Norco
Professional Engineering and Design Services
Town and Country Storm Drain Project
September 15, 2022 4
Typical Scope of Work Program
We have listed the work activities that are needed in order to complete the design effort for the proposed storm drain line.
Our activities are based upon the specific tasks identified by the City in its RFP as well as our experience working on other similar pipeline projects and working with the City and RCFC&WCD. The required work tasks are as follows:
TASK 1: PROJECT ADMINISTRATION
KWC has included budget to attend meetings including: Kickoff Meeting, 30% Plan Check, 90% Plan Check, 100% Plan Check and Pre-construction meetings as well as to participate in project coordination: status reports, and schedule updates. KWC has included budget for the submittals and picking up comments as well as processing, although digital submittals may be required instead.
KWC Team Members: Victor Elia, P.E. (Vice-President), Tom Caseldine, P.E. (VP-Project Manager) Task 1 Deliverables: Meeting notes, Status Reports, Updated Project Schedules TASK 2: RESEARCH AND SURVEY
This task includes: research, field topographic surveying and site visit, potholing and preparation of summary of research finding – Technical Memorandum. KWC will perform our own research of record survey maps to determine the right-ofway within the project limits. KWC will research the existing plans and wet utility plans with the City and RCFC&WCD, right-of-way maps (parcel maps, tract maps, records of survey, etc.) on the County database (KWC has in-house), and compile dry utility maps received from the letters to be sent out by the City. Dry utility research is performed by mailing letters to the utility companies on City of Norco letterhead to limit fees from the utility companies. It is understood, the City will typically forward the dry utility maps to us to compile. KWC will review the record drawings and field investigate the site to verify the location of existing utilities. KWC will provide all research to the City in the Technical Memorandum.
KWC will utilize the City benchmark system to establish survey control and the street centerline for the project base files.
Our survey crews will set five (5) aerial targets for the aerial topographic company to utilize in the preparation of the aerial topographic file in the City benchmark control system. Inland Aerial will fly the site to prepare a, 1”=40’ scale with 1’ contours, topographic survey map with above ground features including one foot contours, curbs, above ground utilities, manholes, street lights, and traffic stripes and will provide a 100’ strip in order to ensure that we have sufficient design topography. KWC will survey monuments to prepare the surveyed base map including: street centerlines, right-of-way lines, property lines and bench marks, which shall be shown on the plans. KWC will perform a field visit to verify existing features, utilities, and proposed locations of services. KWC could fly a drone for aerial topography as an alternative if it’s concluded with City that it would be feasible due to the residents and proximity to the 15 freeway.
Next, KWC will draft the existing utilities into a base file per the researched documents offset from the calculated centerline, verified with the GIS Atlas maps and conducted field walk to make sure existing utilities are all accounted and identified. To determine the alignment alternatives, KWC will prepare a preliminary alignment study utilizing the prepared base files to review with the City staff at the Design Workshop Meeting/30% Submittal. Once a preliminary alignment has been selected, KWC will prepare a pothole plan with a table including: pothole number, type of utility, size to be verified and approximate depth for the City to review.
City of Norco
Professional Engineering and Design Services
Town and Country Storm Drain Project
September 15, 2022 5
Boudreau will perform the potholing after they obtain the encroachment permits with approved Traffic Control, verify the locations with Mr. Elia, and setup necessary traffic control. Boudreau will provide a summary report detailing the findings of the potholing. KWC has assumed 10 potholes per the RFP. Additional potholes can be performed at a rate of $1,000 per pothole.
Potholing the utilities can be the longest lead item for the project if not managed properly. KWC, Victor Elia will manage Boudreau’s schedule of Traffic Control and Permit Application preparation. Mr. Elia will kick off Boudreau to be prepared to pull a pothole permit, and to have crews ready as soon as feasible. Prior to potholing the existing utilities to determine the type, size and location of existing utility crossings, Mr. Elia will walk the locations with Boudreau’s superintendent to make sure the correct potholes are dug and extra potholes are avoided. KWC will also dip the sewer and storm drain manholes with traffic control measures. Once potholed KWC’s two-man survey crew will field survey the nails set by Boudreau above the found utility which will give us survey accuracy on the location of existing utilities at the crossings.
KWC Team Members: Victor Elia, P.E. (Vice-President), Tom Caseldine, P.E. (VP-Project Manager), Jo Howard (Engineering Assistant) and Survey Crew
Consultant Team: Inland Aerial and Boudreau
Task 1 Deliverables: Summary of research findings, including: Existing Plans, Maps and Non-Interference Letters binder, Pothole Report, Aerial Topographic Map
TASK 3: PRELIMINARY DESIGN
KWC will prepare a conceptual alignment plan (30% design) including all base map, utility research, surveyed data, traffic impacts, typical cross section, proposed connections and proposed horizontal alternative alignments with all recommended pothole locations. KWC will perform a Design Review Workshop at the City to review the conceptual alignment and proposed potholes.
KWC Team Members: Victor Elia, P.E. (Vice-President)
Take 3 Deliverables: Conceptual Alignment Plan and Schedule
City of Norco
Professional Engineering and Design Services
Town and Country Storm Drain Project
September 15, 2022 6
TASK 4: FINAL ENGINEERING
Plan Preparation – KWC will begin preparation of final plans based on the approved Alignment Plan. We will prepare the drawings in AutoCAD with plan/profile sheets in accordance with the City’s / RCFC&WCD’s requirements and standards.
This effort will also incorporate the pothole data in plan, profile and table form.
We will submit the plans to the City for review and comment at the 90%, 100%, and final mylar stages. The City will provide us with plan check comments for the 30%, 90% and 100% submittals. KWC will internally QA/QC the plans prior to each submittal and conduct a field walk prior to submittal of final plans.
Per the City of Norco RFP, Street Improvement Plans, Paving Plans, and Traffic Plans are excluded from this proposal.
Trench backfill and pavement repair quantities and details will be included as a part of this contract.
Technical Specifications – We will prepare and submit the technical specifications per the City’s standard format for the 90%, 100%, and final document submittals for review and comment. KWC will also provide a digital copy of the plans and specifications in AutoCAD and in pdf format on a CD. Project specifications and bid documents shall include the detailed project description, bid schedule with bid item descriptions, special provisions, technical specifications, details and standard plans. City of Norco will perform the public bid and KWC will answer bid questions and respond to requests for clarification during the bid process.
Cost Opinion – KWC will provide our construction cost opinion based on recent bid results and quantity takeoff in MS Excel format for use by the City to advertise for bid. KWC will utilize the City’s standard Bid schedule/measurement and payment template.
Hydrology & Hydraulics Report – KWC will provide a Hydrology & Hydraulics Report based on RCFC&WCD standards and topography. The report will provide flows in cfs for each lateral and mainline segment, catch basin sizing and pipe sizing with hydraulic grade lines.
KWC Team Members: Victor Elia, P.E. (Vice-President)
Task 4 Deliverables: 90% submittal plans; 100% and Final submittal plans, specifications and cost opinion TASK 5: BIDDING SERVICES
Bidding Phase Support – KWC will provide bid support on behalf of the City. This effort would include responding to questions from bidders, clarification of plans, and may include attending a pre-bid meeting/field walk if desired by the City during the bidding process. We have included time for responding to 5 RFI’s.
KWC Team Members: Victor Elia, P.E. (Vice-President)
Task 5 Deliverables: Bidding Support
City of Norco
Professional Engineering and Design Services
Town and Country Storm Drain Project
September 15, 2022 7
TASK 6: ENGINEERING CONSTRUCTION SERVICES
Engineering Support – KWC will provide construction support for RFI’s, shop drawing, and material substitution requests as brought forth by the Contractor. Our office is conveniently located about 15 minutes away from the project area. As a result, we can be out at the site quickly if needed. Our fee proposal includes time for at least 5 RFI’s, 2 shop drawing reviews, review of material substitution requests, and prepare supplementary sketches.
KWC Team Members: Victor Elia, P.E. (Vice-President)
Task 6 Deliverables: Construction Support
Summary
While it is sometimes difficult to foresee everything that may be needed on a project, KWC’s team is committed to creating a successful project. If selected, KWC will ensure that the project moves forward to the City’s satisfaction. Due to our location, we are available to meet more frequently, as needed, if extenuating circumstances arise.
We believe that KWC’s project approach and proposed work activities, as presented above, will minimize construction costs, meet the project schedule, and avoid potential utility conflicts, while minimizing disruption to the public. Our team is flexible and understands the City’s expectations and standards. We are excited to work with the City of Norco again.
City of Norco
Professional Engineering and Design Services
Town and Country Storm Drain Project
September 15, 2022 8
Project Schedule
Month: May June July
Week Number: 1
234
5 6
7 89
10 11
121314
15 16
17 1819
20 21
222324
Research, Field Survey, Field Visit
Aerial Topography Preparation
Preliminary Plan Preparation /
Concept Plans – 30% Plans
City Review Concept Plans
Pothole
Preparation of 90% Submittal
Plan Check 90% Plans
Preparation of 100% Submittal
Plan Check 100% Plans
Preparation of Final Plans
Signature of Final Plans City
Bidding Phase City
Start Construction Support City
Nov Dec Jan Feb Mar April
PM:
Date:
KWC J.N.
Survey
Engineering Assistant Inland AerialBoudreau
Hourly Rate 150 130 120 110 115 80 240
.01 8 0 8 0 4 8 0 28 3,275 - - - 0 3,275
1a Meetings, Submittals, and Administration 8 8 4 8 28 3,275 0 3,275 .02 9 0 30 18 6 0 28 0 14,350 2,600 13,060 - 16,475 30,825 2a Research 1 6 850 0 850
2b Topographic Survey & Base Map 4 24 16 24 11,000 2,600 2,750 13,750 2c Potholing 4 6 2 4 2,500 13,060 13,725 16,225 10 potholes .03 8 0 32 0 24 0 0 0 7,800 - - - 0 7,800
3a 30% Plan Submittal 8 32 24 7,800 0 7,800
.04 12 0 126 0 38 0 0 0 21,350 - - - 0 21,350
4a Plan & Technical Specification Preparations 90% 4 40 24 8,175 0 8,175 4b Plan & Technical Specification Preparations 100% 2 16 8 3,150 0 3,150 4c Plan & Technical Specification Preparations Final 2 4 800 0 800 4d Cost Opinion & Bid Schedule Preparation 2 6 1,025 0 1,025 4e Hydrology & Hydraulics Report 2 60 6 8,200 0 8,200
.05 2 4 0 0 0 0 0 0 825 - - - 0 825
5a Bidding Phase Support 2 4 825 0 825
.06 2 4 0 0 2 0 0 0 1,050 - - - 0 1,050
6a Engineering Support 2 4 2 1,050 0 1,050
TOTAL 41 8 196 18 74 8 28 28 48,650 2,600 13,060 - 16,475 65,125 Line Item Description
KWC ENGINEERS
KWC
Subtotal
Subconsultant
Subconsultant
Subtotal
TOTAL NTE
Project ManagerProject Engineer
FEE
Cost Proposal for Professional Engineering and Design Services TOWN and COUNTRY STORM DRAIN PROJECT
22.1000.1
September 15, 2022
Victor Elia
All charges for subcontracted services shall be in the same amount as actually invoiced to and paid by the engineer plus an allowable 5% markup - additional potholes will be charged at $800/each.
The cost of printing, mileage, telephone, mailing, and other expenses incidental to the performance of the main items of the Engineering Services to be rendered are included in the hourly rates of said hourly rate schedule and that there will be no additional charges.
Project DesignerSurvey AnalystTech Asst2 Man Survey Crew Total
Hours
5% Mark Up
Project Administration
Research and Survey
Preliminary Design
Final Engineering
Bidding Services
Engineering Construction Services
Remarks
PREPARED FOR:
CITY OF NORCO
Engineering Department
2870 Clark Avenue
Norco, CA 92860
Attention: Sam Nelson, Deputy City Engineer
PREPARED BY:
KWC ENGINEERS
1880 Compton Avenue, Suite 100
Corona, CA 92881
Victor Elia, PE, QSP
Tel: (951) 734-2130 Ext. 220
Cell: (951) 847-6750
[email protected]
www.kwcengineers.com
September 15, 2022
PROPOSAL FOR
PROFESSIONAL ENGINEERING AND DESIGN SERVICES
Parkridge Avenue and North Drive Storm Drain
City of Norco
Professional Engineering and Design Services
Parkridge Ave and North Dr Storm Drain Project
September 15, 2022 1
September 15, 2022
CITY OF NORCO
ENGINEERING DEPARTMENT
2870 CLARK AVENUE
NORCO, CA 92860
ATTENTION: SAM NELSON,DEPUTY CITY ENGINEER
REGARDING: REQUEST FOR PROPOSAL FOR PROFESSIONAL ENGINEERING AND DESIGN SERVICES
PARKRIDGE AVENUE AND NORTH DRIVE STORM DRAIN PROJECT
Dear Mr. Nelson:
KWC Engineers (KWC) appreciates this opportunity to provide a proposal for Professional Engineering and Design Services for the Parkridge Avenue and North Drive Storm Drain Project to the City of Norco (City). We have prepared this proposal in accordance with the City’s Request for Proposal.
KWC understands the City desires to install approximately 350 linear feet of 18” RCP storm drain pipe within the existing rear-yard horse trail/waterline easement extending to Parkridge Avenue to a proposed outlet structure. Design shall include the storm drain pipe, inlet structures, and outlet structure appropriately sized and placed as to not restrict trail egress too much while conveying the drainage flows to the public street. This design will require storm drain easement legals and plats for three (3) private properties, to be obtained by the City.
Project also includes the design of approximately 100 linear feet of a concrete swale and inlet within an existing rear-yard horse trail easement. The design shall minimize the swale footprint to not restrict trail egress too much while conveying drainage to the public street. The proposed concrete swale will transition to a parkway drain and outlet onto North Drive.
The design shall also include removal and replacement of the existing perimeter wall per City standard plan to allow for the construction of the proposed storm drain.
Below are three (3) reasons why the City should hire KWC for this project:
1) KWC has built a team (in-house and subconsultants) that has the expertise to perform this work based on our recent experience working on similar projects including other RCFC&WCD storm drain projects. Our storm drain design team is available to begin work upon notice to proceed. 2) KWC has built relationships with the City staff to facilitate the completion of City projects. We have completed eight (8) projects for the City within the last four (4) years. 3) KWC is known as a company that uses strategic approach, teaming, service, trust and respect to complete similar projects with excellence.
Since our founding in 1981, we have provided professional Civil Engineering and Surveying Consulting Services to our public and private clients throughout Riverside County, San Bernardino County, and Orange County.
City of Norco
Professional Engineering and Design Services
Parkridge Ave and North Dr Storm Drain Project
September 15, 2022 2
Our long-term success is based upon the understanding of expectations and goals and by developing lasting relationships with our clients, city staff, and elected officials.
The KWC team consists of 35 experienced and talented professionals including six (6) Registered Professional Engineers, eight (8) E.I.T’s and three (3) Licensed Surveyors. KWC’s corporate office is located in Corona at 1880 Compton Avenue just south of the I-15 and 91 Freeway interchange.
On behalf of KWC, Victor Elia will be the contact person during the proposal evaluation phase. His contact information is:
Victor Elia, P.E., Q.S.D. – Vice President / Public Works Manager KWC Engineers – 1880 Compton Ave., Suite 100, Corona CA 92881 Office: (951) 734-2130, Extension 220
Cell: (951) 847-6750
Email: [email protected]
We propose to hire, manage and oversee the following subconsultants:
• Inland Aerial Surveys, Inc. for Aerial Topography or KWC Drone Flight • Boudreau Pipeline for Potholing
All charges for subcontracted services shall be in the same amount as actually invoiced to and paid by the engineer plus an allowable 5% markup.
The design survey work will be performed by our own survey crew, led by Tom Caseldine, P.E., L.S. who is very familiar with City of Norco.
The cost of printing, mileage, telephone, mailing, and other expenses incidental to the performance of the main items of the Engineering Services to be rendered are included in the hourly rates of said hourly rate schedule, and there will be no additional charges.
As an Engineering Consultant for the City, we will handle and coordinate all aspects of your projects to ensure timely delivery of needed plans and documents while maintaining a balanced project budget. This includes working in partnership with the City, City Consultants, Agencies, and other Stakeholders to make your project a success for the benefit of the general public.
This proposal shall remain valid for 90 days from this date of submittal, September 15, 2022. By signing this Transmittal Letter, I acknowledge that all information found within the attached proposal is true and correct and that I am an authorized person to bind KWC to the terms of the proposal.
Sincerely,
KWC ENGINEERS
Brandon Barnett, P.E., L.S.
President
City of Norco
Professional Engineering and Design Services
Parkridge Ave and North Dr Storm Drain Project
September 15, 2022 3
Project Understanding and Approach
KWC understands the City desires to install approximately 350 linear feet of 18” RCP storm drain pipe within the existing rear-yard horse trail/waterline easement extending to Parkridge Avenue to a proposed outlet structure. Design shall include the storm drain pipe, inlet structures, and outlet structure appropriately sized and placed as to not restrict trail egress too much while conveying the drainage flows to the public street. This design will require storm drain easement legals and plats for three (3) private properties, to be obtained by the City.
Project also includes the design of approximately 100 linear feet of a concrete swale and inlet within an existing rear-yard horse trail easement. The design shall minimize the swale footprint to not restrict trail egress too much while conveying drainage to the public street. The proposed concrete swale will transition to a parkway drain and outlet onto North Drive.
The design shall also include removal and replacement of the existing perimeter wall per City standard plan to allow for the construction of the proposed storm drain.
The new storm drain pipe shall be constructed first horizontally avoiding the existing storm drain, sewer and water pipelines. Next, storm drain shall be designed vertically to provide: connection to existing streets, using sufficient pipe size, minimum cover, at least minimum slope to upstream end.
Storm Drain Improvement Plans shall be prepared by KWC including: plan and profile, manholes, catch basins, local depression by cutting into the existing curb, gutter, and sidewalk, hydraulic grade lines, and utilizing RCFC&WCD standard drawings. The design will include curb and gutter removal, outlet structure design and trench and pavement repair if required per City standards but does not include full street improvements.
City of Norco
Professional Engineering and Design Services
Parkridge Ave and North Dr Storm Drain Project
September 15, 2022 4
Typical Scope of Work Program
We have listed the work activities that are needed in order to complete the design effort for the proposed storm drain line.
Our activities are based upon the specific tasks identified by the City in its RFP as well as our experience working on other similar pipeline projects and working with the City and RCFC&WCD. The required work tasks are as follows:
TASK 1: PROJECT ADMINISTRATION
KWC has included budget to attend meetings including: Kickoff Meeting, 30% Plan Check, 90% Plan Check, 100% Plan Check and Pre-construction meetings as well as to participate in project coordination: status reports, and schedule updates. KWC has included budget for the submittals and picking up comments as well as processing, although digital submittals may be required instead.
KWC Team Members: Victor Elia, P.E. (Vice-President), Tom Caseldine, P.E. (VP-Project Manager) Task 1 Deliverables: Meeting notes, Status Reports, Updated Project Schedules TASK 2: RESEARCH AND SURVEY
This task includes: research, field topographic surveying and site visit, potholing and preparation of summary of research finding – Technical Memorandum. KWC will perform our own research of record survey maps to determine the right-ofway within the project limits. KWC will research the existing plans and wet utility plans with the City and RCFC&WCD, right-of-way maps (parcel maps, tract maps, records of survey, etc.) on the County database (KWC has in-house) and compile dry utility maps received from the letters to be sent out by the City. Dry utility research is performed by mailing letters to the utility companies on City of Norco letterhead to limit fees from the utility companies. It is understood, the City will typically forward the dry utility maps to us to compile. KWC will review the record drawings and field investigate the site to verify the location of existing utilities. KWC will provide all research to the City in the Technical Memorandum.
KWC will utilize the City benchmark system to establish survey control and the street centerline for the project base files.
Our survey crews will set five (5) aerial targets for the aerial topographic company to utilize in the preparation of the aerial topographic file in the City benchmark control system (Parkridge Site Only). Inland Aerial will fly the site to prepare a, 1”=40’ scale with 1’ contours, topographic survey map with above ground features including one foot contours, curbs, above ground utilities, manholes, street lights, and traffic stripes and will provide a 100’ strip in order to ensure that we have sufficient design topography. KWC will survey monuments to prepare the surveyed base map including: street centerlines, right-of-way lines, property lines and bench marks, which shall be shown on the plans. KWC will perform a field visit to verify existing features, utilities, and proposed locations of services. KWC will field survey the North Drive site and utilize aerial imagery for design purposes.
Next, KWC will draft the existing utilities into a base file per the researched documents offset from the calculated centerline, verified with the GIS Atlas maps, and conducted field walk to make sure existing utilities are all accounted and identified. To determine the alignment alternatives, KWC will prepare a preliminary alignment study utilizing the prepared base files to review with the City staff at the Design Workshop Meeting/30% Submittal. Once a preliminary alignment has been selected, KWC will prepare a pothole plan with a table including: pothole number, type of utility, size to be verified and approximate depth for the City to review.
City of Norco
Professional Engineering and Design Services
Parkridge Ave and North Dr Storm Drain Project
September 15, 2022 5
Boudreau will perform the potholing after they obtain the encroachment permits with approved Traffic Control, verify the locations with Mr. Elia, and setup necessary traffic control. Boudreau will provide a summary report detailing the findings of the potholing. KWC has assumed 10 potholes per the RFP, however, you will be invoiced per pothole.
Potholing the utilities can be the longest lead item for the project if not managed properly. KWC, Victor Elia will manage Boudreau’s schedule of Traffic Control and Permit Application preparation. Mr. Elia will kick off Boudreau to be prepared to pull a pothole permit, and to have crews ready as soon as feasible. Prior to potholing the existing utilities to determine the type, size and location of existing utility crossings, Mr. Elia will walk the locations with Boudreau’s superintendent to make sure the correct potholes are dug and extra potholes are avoided. KWC will also dip the sewer and storm drain manholes with traffic control measures. Once potholed KWC’s two-man survey crew will field survey the nails set by Boudreau above the found utility which will give us survey accuracy on the location of existing utilities at the crossings.
KWC Team Members: Victor Elia, P.E. (Vice-President), Tom Caseldine, P.E. (VP-Project Manager), Jo Howard (Engineering Assistant) and Survey Crew
Consultant Team: Inland Aerial and Boudreau
Task 1 Deliverables: Summary of research findings, including: Existing Plans, Maps and Non-Interference Letters binder, Pothole Report, Aerial Topographic Map
TASK 3: PRELIMINARY DESIGN
KWC will prepare a conceptual alignment plan (30% design) including all base map, utility research, surveyed data, traffic impacts, typical cross section, proposed connections and proposed horizontal alternative alignments with all recommended pothole locations. KWC will perform a Design Review Workshop at the City to review the conceptual alignment and proposed potholes.
KWC Team Members: Victor Elia, P.E. (Vice-President)
Take 3 Deliverables: Conceptual Alignment Plan and Schedule
City of Norco
Professional Engineering and Design Services
Parkridge Ave and North Dr Storm Drain Project
September 15, 2022 6
TASK 4: FINAL ENGINEERING
Plan Preparation – KWC will begin preparation of final plans based on the approved Alignment Plan. We will prepare the drawings in AutoCAD with plan/profile sheets in accordance with the City’s / RCFC&WCD’s requirements and standards.
This effort will also incorporate the pothole data in plan, profile and table form.
We will submit the plans to the City for review and comment at the 90%, 100%, and final mylar stages. The City will provide us with plan check comments for the 30%, 90% and 100% submittals. KWC will internally QA/QC the plans prior to each submittal and conduct a field walk prior to submittal of final plans.
Per the City of Norco RFP, Street Improvement Plans, Paving Plans, and Traffic Plans are excluded from this proposal.
Trench backfill and pavement repair quantities and details will be included as a part of this contract.
Technical Specifications – We will prepare and submit the technical specifications per the City’s standard format for the 90%, 100%, and final document submittals for review and comment. KWC will also provide a digital copy of the plans and specifications in AutoCAD and in pdf format on a CD. Project specifications and bid documents shall include the detailed project description, bid schedule with bid item descriptions, special provisions, technical specifications, details and standard plans. City of Norco will perform the public bid and KWC will answer bid questions and respond to requests for clarification during the bid process.
Cost Opinion – KWC will provide our construction cost opinion based on recent bid results and quantity takeoff in MS Excel format for use by the City to advertise for bid. KWC will utilize the City’s standard Bid schedule/measurement and payment template.
Hydrology & Hydraulics Report – KWC will provide a 10-year Hydrology & Hydraulics Report based on RCFC&WCD standards and topography. The report will provide flows in cfs for each inlet and mainline segment, inlet sizing and pipe sizing with hydraulic grade lines.
Legal and Plats – KWC will prepare easement legal and plats per County of Riverside survey standards including: three (3) private easements for the Parkridge site. KWC will provide preliminary tile reports as requested.
KWC Team Members: Victor Elia, P.E. (Vice-President)
Task 4 Deliverables: 90% submittal plans; 100% and Final submittal plans, specifications, cost opinion and legal and plats with title reports
TASK 5: BIDDING SERVICES
Bidding Phase Support – KWC will provide bid support on behalf of the City. This effort would include responding to questions from bidders, clarification of plans, and may include attending a pre-bid meeting/field walk if desired by the City during the bidding process. We have included time for responding to 5 RFI’s.
KWC Team Members: Victor Elia, P.E. (Vice-President)
Task 5 Deliverables: Bidding Support
City of Norco
Professional Engineering and Design Services
Parkridge Ave and North Dr Storm Drain Project
September 15, 2022 7
TASK 6: ENGINEERING CONSTRUCTION SERVICES
Engineering Support – KWC will provide construction support for RFI’s, shop drawing, and material substitution requests as brought forth by the Contractor. Our office is conveniently located about 15 minutes away from the project area. As a result, we can be out at the site quickly if needed. Our fee proposal includes time for at least 5 RFI’s, 2 shop drawing reviews, review of material substitution requests, and prepare supplementary sketches.
KWC Team Members: Victor Elia, P.E. (Vice-President)
Task 6 Deliverables: Construction Support
Summary
While it is sometimes difficult to foresee everything that may be needed on a project, KWC’s team is committed to creating a successful project. If selected, KWC will ensure that the project moves forward to the City’s satisfaction. Due to our location, we are available to meet more frequently, as needed, if extenuating circumstances arise.
We believe that KWC’s project approach and proposed work activities, as presented above, will minimize construction costs, meet the project schedule, and avoid potential utility conflicts, while minimizing disruption to the public. Our team is flexible and understands the City’s expectations and standards. We are excited to work with the City of Norco again.
City of Norco
Professional Engineering and Design Services
Parkridge Ave and North Dr Storm Drain Project
September 15, 2022 8
Project Schedule
Month: May June July
Week Number: 1
234
5 6
7 89
10 11
121314
15 16
17 1819
20 21
222324
Research, Field Survey, Field Visit
Aerial Topography Preparation
Preliminary Plan Preparation /
Concept Plans – 30% Plans
City Review Concept Plans
Pothole
Preparation of 90% Submittal
Plan Check 90% Plans
Preparation of 100% Submittal
Plan Check 100% Plans
Preparation of Final Plans
Signature of Final Plans City
Bidding Phase City
Start Construction Support City
Nov Dec Jan Feb Mar April
PM:
Date:
KWC J.N.
Survey
Remarks
Cost Proposal for Professional Engineering and Design Services PARKRIDGE AVENUE and NORTH DRIVE STORM DRAIN PROJECT
22.1000.1
September 15, 2022
Victor Elia
Line Item Description
KWC ENGINEERS
KWC
Subtotal
Subconsultant
Subconsultant
Subtotal
TOTAL NTE
Project DesignerSurvey AnalystTech Asst2 Man Survey Crew FEE
Total
Hours
5% Mark Up
Line Item Description Remarks
KWC
Subtotal
Subconsultant
Subtotal
TOTAL NTE
Project ManagerProject Engineer
FEE
Engineering Assistant Inland AerialBoudreau First American Title Hourly Rate 150 130 120 110 115 80 240
.01 8 0 8 0 4 8 0 28 3,275 - - - 0 3,275
1a Meetings, Submittals, and Administration 8 8 4 8 28 3,275 0 3,275 .02 9 0 30 18 6 0 28 0 14,350 2,600 9,400 - 12,625 26,975 2a Research 1 6 850 0 850
2b Topographic Survey & Base Map 4 24 16 24 11,000 2,600 2,750 13,750 2c Potholing 4 6 2 4 2,500 9,400 9,875 12,375 10 potholes .03 8 0 24 0 16 0 0 0 5,925 - - - 0 5,925
3a 30% Plan Submittal 8 24 16 5,925 0 5,925
.04 16 0 98 0 52 0 0 0 20,200 - - 3,000 3,150 23,350
4a Plan & Technical Specification Preparations 90% 4 32 24 7,200 0 7,200 4b Plan & Technical Specification Preparations 100% 2 16 8 3,150 0 3,150 4c Plan & Technical Specification Preparations Final 2 4 800 0 800 4d Cost Opinion & Bid Schedule Preparation 2 6 1,025 0 1,025 4e Hydrology & Hydraulics Report 2 40 8 6,025 0 6,025
4f Easement Legal and Plats and Title Reports 4 12 2,000 3,000 3,150 5,150 .05 2 4 0 0 0 0 0 0 825 - - - 0 825
5a Bidding Phase Support 2 4 825 0 825
.06 2 4 0 0 2 0 0 0 1,050 - - - 0 1,050
6a Engineering Support 2 4 2 1,050 0 1,050
TOTAL 45 8 160 18 80 8 28 28 45,625 2,600 9,400 3,000 15,775 61,400 All charges for subcontracted services shall be in the same amount as actually invoiced to and paid by the engineer plus an allowable 5% markup - additional potholes will be charged at $800/each.
The cost of printing, mileage, telephone, mailing, and other expenses incidental to the performance of the main items of the Engineering Services to be rendered are included in the hourly rates of said hourly rate schedule and that there will be no additional charges.
Project DesignerSurvey AnalystTech Asst2 Man Survey Crew Total
Hours
Project Administration
Research and Survey
Preliminary Design
Final Engineering
Bidding Services
Engineering Construction Services
Line Item Description Remarks
KWC
Subtotal
Subconsultant
Subtotal
TOTAL NTE
Project ManagerProject Engineer
FEE
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CONTRACT AGREEMENT
CITY OF NORCO
PROFESSIONAL DESIGN SERVICES
FOR MULTIPLE STORM DRAIN PROJECTS
1. Parties and Date.
This Agreement is made and entered into this 2
nd day of November, 2022 by and between
the City of Norco, a municipal corporation of the State of California, located at 2870 Clark Avenue, Norco, California 92860, County of Riverside, State of California, (hereinafter referred to as “City”) and KWC Engineers, Inc., a corporation with its principal place of business at 1880 Compton Avenue, Suite 100, Corona, CA 92881 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. Recitals.
2.1 Consultant.
Consultant desires to perform and assume responsibility for providing professional services for the design of the following Storm Drain Projects: Town & County Storm Drain Project & Minor Storm Drain Project (Parkridge Avenue and North Drive), on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in designing storm drain improvements for public clients, that it and its employees or subconsultants have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of the City.
2.2 Project.
The City desires to engage the Consultant to render such professional design services for the Storm Drain Projects: Town & Country Storm Drain Project & Minor Storm Drain Project (Parkridge Avenue & North Drive) (“Projects”) as set forth in this Agreement.
3. Terms.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional design services outlined by the Projects. The Projects are more particularly described in Exhibit A attached hereto and incorporated herein by reference. The Projects shall be subject to, and performed in accordance with this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
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3.1.2 Term. The terms of this Agreement shall begin at the Notice to Proceed and shall extend no later than the schedule outlined in the Consultant proposals for the Projects. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Consultant. The Projects shall be designed by Consultant. Consultant will determine the means, methods and details of constructing the Projects subject to the requirements of this Agreement.
City retains Consultant on an independent Consultant basis and not as an employee. Any additional personnel constructing the Projects under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with the construction of the Projects under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the services expeditiously, within the term of this Agreement, and in accordance with the Projects timeframe set forth herein. Consultant represents that it has the professional and technical personnel required to construct the Projects in conformance with such conditions. In order to facilitate Consultant’s conformance with the Projects timeframe, City shall respond to Consultant’s Requests for Information in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Projects timeframe.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.2.4 City’s Representative. The City hereby designates the Director of Public Works, or his designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.5 Consultant’s Representative. Consultant hereby designates Brandon Barnett – President or his designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Projects, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Projects under this Agreement.
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3.2.6 Coordination of Projects. Consultant agrees to work closely with City staff in the design of the Projects and shall be available to City’s staff, consultants and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Consultant shall design the Projects under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to design the Projects. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to design the Projects. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to design the Projects, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subConsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Projects, a threat to the safety of persons or property, or any employee who fails or refuses to construct the Projects in a manner acceptable to the City, shall be promptly removed from the Projects by the Consultant and shall not be re-employed to perform any work on the Projects.
3.2.8 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Projects, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Projects. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.8.1 Employment Eligibility; Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant. Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the Term of the Agreement. Consultant shall avoid any violation of any such law during the Term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating
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in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.8 or any of its sub-sections.
3.2.8.2 Employment Eligibility; Subcontractors, Consultants, Sub-subcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work or Services relating to the Projects or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.8.1.
3.2.8.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub-subcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.8.1 or 3.2.8.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.2.8.2); or (3) failure to immediately remove from the Projects any person found not to be in compliance with such requirements.
3.2.8.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California 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 agrees to comply with such provisions before commencing the performance of the Services.
3.2.8.5 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.2.8.6 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are broader, Consultant shall specifically be aware of their application
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to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel-powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.2.9 Insurance.
3.2.9.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
3.2.9.2 Minimum Requirements. Throughout the life of this Contract, Consultant shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or (ii) as may be authorized in writing by City Manager or his/her designee at any time and in his/her sole discretion. The following policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than the following:
$1,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $2,000,000 aggregate for products and completed operations $2,000,000 general aggregate applying separately to the work performed under the Contract
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1 Any Auto) with limits of liability of not less than $1,000,000 per accident for bodily injury and property damage. (iii) WORKERS' COMPENSATION insurance as required under the California Labor Code.
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(iv) EMPLOYERS’ LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee.
(v) PROFESSIONAL LIABILITY Professional Liability (Errors and Omissions) insurance appropriate to Consultant’s profession, with limits of liability of $2,000,000 per claim/occurrence and $2,000,000 policy aggregate.
In the event Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).
Consultant shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Consultant shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee. At the option of the City Manager or his/her designee, either: (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to VVTA, its board members, officers, officials, employees and agents; or (ii) Consultant shall provide a financial guarantee, satisfactory to VVTA’s Executive Director or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall the City be responsible for the payment of any deductibles or self-insured retentions.
All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Consultant shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Consultant shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.
The General Liability and Automobile Liability insurance policies shall be written on an occurrence form. The General Liability (including ongoing and completed operations) and Automobile Liability shall name City and its officers, officials, employees, agents and volunteers as an additional insured. Such policy/ies of insurance shall be endorsed so Consultant’s insurance shall be primary and no contribution shall be required of City. The coverage shall contain no special limitations on the scope of protection afforded to the City and its officers, officials, employees, agents and volunteers. The Workers’ Compensation insurance policy shall contain a waiver of subrogation as to City and its officers, officials, employees, agents and volunteers. Should Consultant maintain insurance with broader coverage and/or limits of liability greater than those shown above, City requires and shall be entitled to the broader coverage and/or the higher limits of liability maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
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If the Professional Liability (Errors and Omissions) insurance policy is written on a claimsmade form:
1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by Consultant.
2. Insurance must be maintained and evidence of insurance must be provided for at least 3 years after any expiration or termination of the Agreement or, in the alternative, the policy shall be endorsed to provide not less than a 3-year discovery period.
3. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by Consultant, Consultant must purchase extended reporting coverage for a minimum of 3 years following the expiration or termination of the Agreement.
4. A copy of the claims reporting requirements must be submitted to VVTA for review.
5. These requirements shall survive expiration or termination of the Agreement.
Consultant shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City Manager or his/her designee prior to City’s execution of the Agreement and before work commences.
If at any time during the life of this Agreement or any extension, Consultant or any of its subconsultants fail to maintain any required insurance in full force and effect, all work under this Agreement shall be discontinued immediately, and all payments due or that become due to Consultant shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement. No action taken by City hereunder shall in any way relieve Consultant of its responsibilities under this Agreement.
Upon request of City, Consultant shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement.
The fact that insurance is obtained by Consultant shall not be deemed to release or diminish the liability of Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City and its officers, officials, employees, agents and volunteers shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Approval or purchase
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of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Consultant, its principals, officers, employees, agents, persons under the supervision of Consultant, vendors, suppliers, invitees, sub-consultants, subconsultants, or anyone employed directly or indirectly by any of them.
If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall require each subconsultant to provide insurance protection in favor of City and its officers, officials, employees, agents and volunteers in accordance with the terms of each of the preceding paragraphs, except that the subconsultants' certificates and endorsements shall be on file with Consultant and City prior to the commencement of any work by the subconsultant.
3.2.10 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In designing the Projects, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Rates and Total Compensation. Consultant shall receive compensation, including authorized reimbursements, for all design services rendered under this Agreement at the rates set forth in Exhibit B for each design Projects, attached hereto and incorporated herein by reference. The total compensation, including authorized reimbursements, shall not exceed the total costs outline in Exhibit B. Extra work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.
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3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Projects, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 Ownership of Materials and Confidentiality
3.5.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically, electronically or otherwise recorded or stored, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of five (5) years following completion of the Projects, and shall make copies available to City upon the payment of actual reasonable duplication costs. In addition, before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
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3.5.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.
Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.5.2 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Projects or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than these Projects without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than these Projects, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination.
Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the follow address, or at such other address as the respective parties may provide in writing for this purpose:
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Consultant:
KWC Engineers
1880 Compton Avenue, Suite 100
Corona, CA 92881
Attention: Brandon Barnett -President
City:
City of Norco
2870 Clark Avenue
Norco, CA 92860
Attention: Director of Public Works
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the US Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.6.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.6.4 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.
3.6.5 Indemnification. To the furthest extent allowed by law, Consultant shall indemnify, hold harmless and defend the City and its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant, its principals, officers, employees, agents or volunteers in the performance of this Agreement.
If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall require each sub-consultant to indemnify, hold harmless and defend the City and its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Agreement.
3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
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3.6.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.
3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6.9 City’s Right to Employ Other Consultants. City reserves right to employ other Consultants in connection with these Projects.
3.6.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.6.11 Assignment or Transfer. Consultant shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be work days (Monday through Friday, excluding holidays). All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
3.6.13 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
3.6.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
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3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or sub-consultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.6.18 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any sub-consultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.6.19 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California 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 agrees to comply with such provisions before commencing the performance of the Services.
3.6.20 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.
Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.6.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.7 Subcontracting.
3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
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NAME OF CONSULTANT: KWC Engineers
*By:
_________________________
Brandon Barnett - President
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST BE NOTARIZED.
Attach Certificate of Notary Acknowledgement
OWNER: CITY OF NORCO, a municipal corporation
*By:
___________________________
Greg Newton
Mayor
ATTEST:
____________________________
Dana Roa, CMC
City Clerk
APPROVED AS TO FORM:
____________________________
Harper & Burns, LLC.
City Attorney
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EXHIBIT A
The services shall be performed in accordance with the Standard Specifications for Public Works Construction (Green Book), latest edition, including all current supplements, addenda, and revisions thereof (hereinafter referred to as “Standard Specifications”) incorporated herein by this reference. Any provisions, which supplement or modify the Standard Specifications, are attached hereto as Special Provisions and incorporated herein by this reference.
Scope of Work Town & Country Storm Drain Project
The Project includes the installation of approximately 1,300 linear feet of varying size Reinforced Concrete Pipe (18”-30”) storm drain within Town & County Drive, Tara Lane and Hamner Avenue. Design of the storm drain improvements shall include storm drain pipe, catch basins, manholes, junction structures and associated water improvement relocations.
Scope of Work Minor Storm Drain Project (Parkridge Avenue & North Drive) The Parkridge Avenue portion of the project includes the installation of approximately 350 linear feet of 18” RCP within the existing rear-yard horsetrail/waterline easement. The design shall include the appropriate amount of drainage inlets that will be designed to minimal footprint so as not too restrict trail egress. The design will also require storm drain easement legals and plats for three private properties.
The North Drive portion of the project includes the installation of approximately 100 linear feet of a concrete swale & inlet within an existing rear-yard horsetrail easement. The design shall minimize the swale footprint so as not to restrict trail egress. The proposed concrete swale will transition to a parkway drain and outlet onto North Drive. The design shall also include removal and replacement of the existing perimeter wall required to accommodate the proposed storm drain.
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EXHIBIT B
Proposal Documents
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GENERAL LIABILITY ENDORSEMENT
CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5627
(951) 270-5677
A. POLICY INFORMATION Endorsement # ________________________
1. Insurance Company ____________________________________________ Policy Number _____________________
2. Policy Term (From) _______________ (To)________________ Endorsement Effective Date ______________________________________
3. Named Insured _______________________________________________
4. Address of Named Insured
_____________________________________________________________ _____________________________________________________________
5. Limit of Liability Any One Occurrence/Aggregate
$______________________________ /_____________________________
6. Deductible or Self-Insured Retention (Nil unless otherwise specified):
______________________________________________
7. Coverage is equivalent to:
Comprehensive General Liability Form GL0002 (Ed. 1/73)
______________________________________________
Commercial General Liability "Occurrence" Form CG0001
______________________________________________
8. Bodily Injury and Property Damage Coverage is:
____________________________________"occurrence"
Note: The City of Norco standard insurance requirements specify "occurrence" coverage. "Claims-made" coverage is not acceptable. If commercial general liability form or equivalent is used, the general aggregate must apply separately to this location/project or the general aggregate must be twice the occurrence limit.
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9. Description of Projects:
STORM DRAIN PROJECTS: TOWN & COUNTRY STORM DRAIN PROJECT,
MINOR STORM DRAIN PROJECT (PARKRIDGE AVENUE AND NORTH DRIVE) The general items of work to be done hereunder consist of:
Scope of Work Town & Country Storm Drain Project
The Project includes the installation of approximately 1,300 linear feet of varying size Reinforced Concrete Pipe (18”-30”) storm drain within Town & County Drive, Tara Lane and Hamner Avenue. Design of the storm drain improvements shall include storm drain pipe, catch basins, manholes, junction structures and associated water improvement relocations.
Scope of Work Minor Storm Drain Project (Parkridge Avenue & North Drive) The Parkridge Avenue portion of the project includes the installation of approximately 350 linear feet of 18” RCP within the existing rear-yard horsetrail/waterline easement. The design shall include the appropriate amount of drainage inlets that will be designed to minimal footprint so as not too restrict trail egress. The design will also require storm drain easement legals and plats for three private properties.
The North Drive portion of the project includes the installation of approximately 100 linear feet of a concrete swale & inlet within an existing rear-yard horsetrail easement. The design shall minimize the swale footprint so as not to restrict trail egress. The proposed concrete swale will transition to a parkway drain and outlet onto North Drive. The design shall also include removal and replacement of the existing perimeter wall required to accommodate the proposed storm drain.
B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:
1. INSURED. As respects any work performed on the above described Projects, the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, and volunteers are included as insured with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased, or used by the Named Insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured on the above described Projects for or on behalf of the City of
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Norco; or (b) products sold by the Named Insured to the City of Norco for use on the Projects; or (c) premises leased by the Named Insured from the City of Norco, the insurance afforded by this policy shall be primary insurance as respects the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured's schedule underlying primary coverage. In either event, any other insurance maintained by the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
(1) Insurance Services Office Form Number GL 0002 (Ed. 1/73), Comprehensive General Liability Insurance and Insurance Services Office form number GL 0404 Broad Form Comprehensive General Liability endorsement; or
(2) Insurance Services Office Commercial General Liability Coverage, “Occurrence" Form CG 0001; or
(3) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding Sections (1) and (2).
4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respects to the Company's limit of liability.
5. PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City of Norco, its elected or appointed officer, officials, employees, consulting engineers or volunteers.
6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.
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C. INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:
ATTN:
_____________________________________________________________________ (Title) (Department)
_____________________________________________________________________ (Company)
_____________________________________________________________________ (Street Address)
_____________________________________________________________________ (City) (State) (Zip Code)
______________________________
(Telephone Number)
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D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE
INSURER
I, __________________________, warrant that I have authority to (Print/Type Name)
bind the below-listed insurance company and by my signature hereon do so bind this company.
____________________________________________
SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original Signature required on endorsement furnished to the City of Norco) ORGANIZATION: _____________________________________________________ TITLE: _____________________________________________________ ADDRESS: _____________________________________________________ _____________________________________________________
TELEPHONE: _____________________________________________________
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AUTOMOBILE LIABILITY ENDORSEMENT
CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5627
(951) 270-5677
A. POLICY INFORMATION Endorsement #_____________________
1. Insurance Company _____________________________________________ Policy Number _____________________
2. Policy Term (From)________________(To) _______________ Endorsement Effective Date ___________
3. Named Insured________________________________________________
4. Address of Named Insured________________________________________
5. Limit of Liability Any One Occurrence/Aggregate
$______________________ /_____________________________________
6. Deductible or Self-Insured Retention
(Nil unless otherwise specified):
$____________________________________________________________ B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:
1. INSURED. The City of Norco, its elected or appointed officers, officials, consulting engineers, employees and volunteers are included as insured with regard to damages and defense of claims arising from: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the City of Norco, its elected or appointed officers, officials, employees, consulting engineers or volunteers.
2. CONTRIBUTION NOT REQUIRED. As respects work performed by the Named Insured for or on behalf of the City of Norco, the insurance afforded by this policy shall: (a) be primary insurance as respects the City of Norco, its elected or appointed officers, officials, employees, consulting engineers or volunteers; or (b)
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stand in an unbroken chain of coverage excess of the Named Insured's primary coverage. In either event, any other insurance maintained by the City of Norco, its elected or appointed officers, officials, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SCOPE OF COVERAGE. This policy, if primary, affords coverage to the Named Insured at least as broad as:
(1) Insurance Services Office form number CA 00001 (Ed. 1/78), Code 1 ("any auto") and endorsement CA 0025.
(2) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding Section (1).
4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage, or against whom a claim is made or a suit is brought, except with respect to the Company's limit of liability.
5. PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City of Norco, its elected or appointed officer, officials, employees, consulting engineers or volunteers.
6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.
C. INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:
ATTN:
_____________________________________________________________________ (Title) (Department)
_____________________________________________________________________ (Company)
_____________________________________________________________________ (Street Address)
_____________________________________________________________________ (City) (State) (Zip Code)
____________________________________________________
(Telephone Number)
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D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE
INSURER
I, __________________________, warrant that I have authority to (Print/Type Name)
bind the below-listed insurance company and by my signature hereon do so bind this company.
____________________________________________
SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original Signature required on endorsement furnished to the City of Norco) ORGANIZATION: _____________________________________________________ TITLE: _____________________________________________________ ADDRESS: _____________________________________________________ _____________________________________________________
TELEPHONE: _____________________________________
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WORKER'S COMPENSATION/EMPLOYER'S LIABILITY ENDORSEMENT
CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5627
(951) 270-5677
A. POLICY INFORMATION Endorsement # ________________________
1. Insurance Company ____________________________________________ ("the Company")
Policy Number _________________________________________________
2. Effective Date of this Endorsement ________________________________
3. Named Insured_________________________________________________
4. Employer's Liability Limit (Coverage B) ______________________________ _____________________________________________________________ B. POLICY AMENDMENTS
In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:
(1) Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.
(2) Waiver of Subrogation. The Insurance Company agrees to waive all rights of subrogation against the City of Norco, its elected or appointed officers, officials, agents and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the City of Norco.
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C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE
INSURER
I, _______________________, warrant that I have authority to bind (Print/Type Name)
the below-listed insurance company and by my signature hereon do so bind this company.
_______________________________________________
SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original signature required on endorsement furnished to the City of Norco) ORGANIZATION: ____________________________________________________ TITLE: ____________________________________________________ ADDRESS: ____________________________________________________ TELEPHONE: ____________________________________________________
City Council
STAFF REPORT
Date: November 2, 2022 Agenda Item:
2.E.
To: Honorable Mayor and City Council Members
Prepared By: Lori Sassoon, City Manager
Department: Administration
SUBJECT:
Consideration to approve an agreement with Retail Strategies, LLC, for professional services related to retail recruitment for economic development RECOMMENDATION:
It is recommended that the City Council approve the agreement with Retail Strategies LLC.
SUMMARY:
The agreement with Retail Strategies will provide consulting services to research market opportunities, conduct ongoing real estate analysis, and provide comprehensive retail recruitment services for the City in support of the City's economic development goals.
BACKGROUND:
The City's 2022-2026 Strategic Plan includes Economic Development and Financial Stability as one of five (5) Strategic Directions on which the organization is focused over the term of the Plan. Within this Strategic Direction, Action Plan 1 calls for the City to expand its economic development efforts, including quantifying the current breakdown of business categories and evaluating opportunities (Item 3.1.1), and developing a database of available parcels (Item 1.2.3). The Plan also called for determining the role and responsibilities of the Economic Development Advisory Council (EDAC) in Item 3.1.4; this item was completed with the creation of a new Economic Development Working Group to replace EDAC.
Previously, the City had retained the services of a consultant to provide economic development services for the City. With the retirement of that consultant, there has been a gap in those services and there is no city staff person dedicated to this responsibility.
The FY 2022-23 adopted budget includes a relatively modest budget of $50,000 for economic development consulting services, which has not yet been expended.
Staff has researched various options for economic development services, with a focus on attracting appropriate new retail development as a top priority. After evaluating several different consultants, it is recommended that the City retain Retail Strategies LLC to conduct retail recruitment and support. Retail Strategies has a successful track record, including supporting and representing a number of smaller, more rural cities in California.
It is anticipated that Retail Strategies will work closely with the City team, including consulting with the new Working Group as appropriate, to execute on the scope of services to be provided. Highlights of work includes the following:
Research:
1. Identify market retail trade area using political boundaries, drive times and radii and custom boundary geographies
2. Perform market and retail gap analysis for trade area (i.e. leakage and surplus)
3. Customized retail market guide including aerial map with existing national retailer brands and traffic counts
4. Identification of retail prospects to be targeted for recruitment
5. Custom on-demand demographic research – historical, current, and projected demographics – to include market trade areas by radius/drive time, and custom trade area
Real Estate Analysis:
1. Identify/Evaluate/Catalog priority commercial properties for development, redevelopment and higher and best use opportunities
2. Identification of priority business categories for recruitment and/or local expansion
3. Active outreach to local brokers and landowners
Retail Recruitment:
1. Retail recruitment plan delivered to client summarizing all customized analytics, target zones for real estate and retail categories for recruitment focus.
2. Pro-active retail recruitment
3. Will contact retailers, restaurants, brokers and/or developers
4. Regular updates on new activity will be provided
5. Conference representation - updates provided according to the yearly ICSC conference schedule
The proposed agreement is for a term of three (3) years, recognizing that retail recruitment and development takes place over a longer term horizon.
FISCAL IMPACT:
The cost of this agreement is $50,000 annually. Funds have been budgeted in the FY 2022-23 budget.
RELATIONSHIP TO STRATEGIC PLAN:
This item supports Strategic Direction #3, Economic Development and Financial Stability - Ensure financial stability by expanding development efforts, diversifying revenue sources, and continuing prudent financial management.
REVIEWED AND APPROVED BY:
ATTACHMENT(S):
Contract
AGREEMENT FOR CONSUL TANT SERVICES
Retail Recruitment
This AGREEMENT is made and effective as of the EFFECTIVE DATE, by and between the City of Norco, California, a municipal corporation ("CITY") and Retail Strategies, LLC, an Alabama limited liability company ("CONSULTANT"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This AGREEMENT shall commence on November 2, 2022("EFFECTIVE DATE") and remain and continue in effect until all tasks described herein are completed but in no event later than November 1, 2025, unless sooner terminated or extended pursuant to the provisions of this AGREEMENT.
2. SERVICES
CONSULT ANT shall perform the 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. NOTICE TO PROCEED
CONSUL TANT shall not perform any work or be entitled to any compensation under this AGREEMENT until a written Notice to Proceed is issued by CITY. The Notice to Proceed shall not issue unless and until CONSULTANT submits proof, satisfactory to CITY, of its procurement of appropriate insurance required by this AGREEMENT. The failure of CONSUL TANT to submit proof of appropriate insurance within 10 days of the EFFECTIVE DATE is a material breach and shall constitute cause for immediate termination of this AGREEMENT by CITY.
4. PERFORMANCE
CONSULTANT shall at all times faithfully, competently, and to the best of his/her/its ability, experience, and talent perform all tasks described herein.
CONSUL TANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of CONSUL TANT hereunder in meeting its obligations under this AGREEMENT.
5. CITY MANAGEMENT
City Manager or her designee shall represent CITY in
all matters pertaining to the administration of this AGREEMENT, including review and approval of all products submitted by CONSUL TANT, but not including the authority to enlarge the tasks to be performed or change the compensation due to CONSUL TANT.
The City Manager shall be authorized to act on CITY'S behalf and to execute all necessary documents that enlarge the tasks to be performed or change
CONSULTANT‘scompensation. subject to Section 6 hereof.
6- EAXMENI
(a) CITY agrees to pay CONSULTANT in accordance with the payment rates, terms, and schedule of payment set forth in Exhibit A. This amount shall not exceed One Hundred Fifty Thousand
Dollars ($ 150,000.00 ) (“TOTAL CONTRACT SUM") for the total term of this 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 perfonnance of this AGREEMENT that are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager, This written authorization requirement cannot be waived. CONSULTANT shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Manager and CONSULTANT at the time ClTY’s written authorization is given to CONSULTANT for the performance of said additional services provided the City Managers approval of additional compensation is within the City Managers contract authority provided by the Norco Municpal Code. Approval of compensation beyond the City Managers contract authority may only be made by the City Council.
7. E?§L_|C WORK
Notice is provided pursuant to Labor Code Section 1781 that all ora portion of the work contemplated in this AGREEMENT may constitute a “public work" as defined in Chapter 1, Part 7, and Division 2 of the Labor Code, to which Section 1771 applies. If all or a portion of the work contemplated under this AGREEMENT constitutes “public work,“ then CONSULTANT shall pay prevailing wages, unless exempt, on those portions of the work which require payment of prevailing wages under the prevailing wage laws (Labor Code, §§ 1720 et seq.), and shall comply with the following:
(a) Prevailing Wage Rates. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages can be found at http://vvww.dir.ca.gov/OPRUPWDlindex.htm and are on file at City Hall, which shall be made available to any interested party upon request. CONSULTANT shall post a copy of the determination of the director of the prevailing rate of per diem wages at each job site. Said per diem wages are deemed to include employer payments for health and welfare, pension, vacation and travel time, and subsistence pay, all in accordance with Section 1773.1 of the Labor Code. (b) Payroll Records. The provisions of Section 1776 of the Labor Code regarding the preparation, maintenance, and filing of payroll records are applicable to this AGREEMENT. CONSULTANT and each subconsultant shall keep accurate payroll records showing the name, address, social security number, work classi?cation, straight time, and overtime hours worked each day and week, and the
actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him/her/it in connection with the public work. Certi?ed payroll records shall be on forms provided by the Division of Labor Standards Enforcement or contain the same information. CONSULTANTS AND ANY
SUBCONSULTANTS PAYROLL RECORDS SHALL BE SUBMITTEDTO CITY ON A WEEKLY BASIS. CONSULTANTSHALL BE RESPONSIBLE FOR SUBMITTAL OF SUBCONSULTANT’S PAYROLL RECORDS. Additionally. CONSULTANT or subconsultant has ten (10) days in which to comply subsequent to receipt of a written notice requesting the records enumerated in Section 1776, subdivision (a), of the Labor Code. In the event that CONSULTANT or subconsultant fails to comply within the ten (10) day period, he/she/it shall, as a penalty to CITY, forfeit One Hundred Dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. CITY may deduct this penalty from any monies due or that may become due CONSULTANT under this AGREEMENT. (c) Penalm.CONSULTANT and any subconsultant under CONSULTANT shall, as a penalty to CITY, forfeit not more than Two Hundred Dollars ($200.00) for each calendar day, or portion thereof, for each worker paid (either by CONSULTANT or any subconsultant under CONSULTANT) less than the prevailing rate set forth herein on the work provided for in this AGREEMENT. CITY may deduct the penalty from any monies due or that may become due CONSULTANT under this AGREEMENT. The difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate shall also be paid to each worker by CONSULTANT or subconsultant, in accordance with Section 1775 of the Labor Code of the State of California.
(d) Apprentices. If applicable, the provisions of Labor Code Section 1777.5 requiring the use of apprentices in certain ratios to joumeymen are hereby imposed upon CONSULTANT.
(e) Legal Day's Work. In the perfonnance of this AGREEMENT, not more than eight (8) hours shall constitute a days work, and CONSULTANT shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in Labor Code Section 1815. CONSULTANT shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seg.), of the Labor Code of the State of California, and it is agreed that CONSULTANT shall forfeit to CITY as a penalty the sum of Twenty-Five Dollars ($25.00) for each worker employed in the execution of this AGREEMENT by CONSULTANT or any suboonsultant for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) week in violation of said article. CITY may deduct this penalty from any monies due or that may become due pursuant to this AGREEMENT.
8. SUSPE I RTE ATION F EEMENTWIT C US
(a) CITY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon CONSULTANT, at least thirty (30) days prior, written notice. Upon receipt of
said notice, CONSULTANT shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If CITY suspends or terminates a portion of this AGREEMENT such suspension or termination shall not make void or invalidate the remainderof this AGREEMENT. (b) In the event this AGREEMENT is terminated pursuant to this section, 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 CITY. Upon termination of the AGREEMENT pursuant to this section, CONSULTANT willsubmit an invoice to CITY detailing work performed up to the time of termination.
9. DEF U FCONS T NT
(a) 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 CONSULTANT. If such failure by the CONSULTANT to make progress in the performance of work hereunder arises out of causes beyond CONSULTANT‘s control, and without fault or negligence of CONSULTANT, it shall not be considered a default.
(b) As an alternative to the procedure for immediate temtination for default set forth in subparagraph (a), if CITY determines that CONSULTANT is in default in the performance of any of the temns or conditions of this AGREEMENT, CITY may in its discretion cause to be sewed upon CONSULTANT a written notice of the default and demand to cure. CONSULTANT shall have ten (10) calendar days after service upon it of said notice to cure the default by rendering a satisfactory perfomiance. In the event that CONSULTANT fails to cure its default within such period of time, 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.
10. OW ERS FDOC ENTS
(a) CONSULTANT shall maintain complete and accurate records with respect to the plans, specifications, estimates, drawings, design calculations, letters, reports, testing results, and other such information including as-built records as required by CITY that relate to the performance of services under this AGREEMENT. CONSULTANT shall maintain adequate records of services provided in suf?cient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi?ed 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 pem1it CITY to make copies and transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings,
and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of ?nal payment.
(b) Upon completion, termination, or suspension of this AGREEMENT all plans, specifications, engineers estimates, and other documents prepared in the course of providing the services to be performed pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused, or otherwise disposed of by CITY without the permission of CONSULTANT‘ Vl?th respect to computer ?les, CONSULTANT shall make available to CITY, at CONSULTANT‘s office and upon reasonable written request by CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer?les.
11. EWMEISZAIIQN
(a)|ndemnification for Professional Liabilig. When the law establishes a professional standard of care for CONSULTANT‘s services, to the fullest extent permitted by law, CONSULTANTshall indemnify, protect, defend, and hold harmless CITY and any and all of its officials, employees, and agents (“INDEMNIFIEDPARTIES") from and against any and all losses, liabilities,damages, costs, and expenses, including attorney's fees and costs to the extent the same are caused in whole or in part by any negligent or wrongful act, error, or omission of CONSULTANT,its officers, agents, employees, or subconsultants (or any entity or individualthat CONSULTANTshall bear the legal liability thereof) in the performance of professional services under this AGREEMENT. Vl?th respect to the design of public improvements, CONSULTANT shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that speci?ed in this AGREEMENTwithout the written consent of CONSULTANT‘With respect to the duty to defend, if CONSULTANT is a design professional as de?ned in Civil Code Section 2782.8, in no event shall the cost to defend charged to the CONSULTANT exceed the CONSULTANT‘s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants in a suit is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other panies regarding unpaid defense costs. *See Note 1 below (b) Indemni?cation for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, CONSULTANT shall indemnify, defend, and hold hamiless CITY, and any and all of its employees, of?cials, and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, whether actual, alleged, or threatened, including attorneys fees and costs, court oosts, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this AGREEMENT by CONSULTANTor by any individual or entity for which CONSULTANT is legally liable, including but not limited to of?cers, agents, employees, or subconsultants ofCONSULTANT.
(c) General Indemnification Provisions. CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subconsultant or any other person or entity
involved by, for, with or on behalf of CONSULTANT in the performance of this AGREEMENT. In the event CONSULTANT fails to obtain such indemnity obligations from others as required here, CONSULTANTagrees to be fully responsible according to the terms of this section. Failure of CITY to monitor compliance with these requirements imposes no additional obligations on CITY and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend CITY as set forth here is binding on the successors, assigns, or heirs of CONSULTANT and shall survive the termination of this AGREEMENT or this section. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Indemnity or AGREEMENT. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable.
‘Note 1: Notwithstanding the foregoing or any other provision contained in this AGREEMENT to the contrary, CONSULTANT's indemnity to the INDEMNFIED PARTIES shall be limited to the insurance coverages specified in Exhibit B, attached hereto. plus the TOTAL CONTRACT SUM paid to CONSULTANT as speci?ed in the AGREEMENT.
12. I S NCE
Prior to perfomning any work or receiving any compensation under this AGREEMENT, CONSULTANT shall obtain, and thereafter maintain for the duration of this AGREEMENT, insurance coverage as specified in Exhibit B, attached hereto and incorporated herein as though set forth in full.
13. WARBANIIEORGO0D§_
(a) If this AGREEMENT includes the purchase of equipment, supplies, or chattel (hereafter “GOODS”), CONSULTANT shall provide the following warranty of said GOODS, or obtain a warranty from the manufacturer and/or retailer with provisions equal to or exceeding those speci?ed in this Section. In the event the manufacturer's warranty or retailers warranty do not equal or exceed the protections specified in this Section, CONSUTLANTagrees to provide said warranty protections.
The warranty described hereunder extends to the original purchaser of the GOODS warranted under the warranty, and to each transferee owner of the GOODS. The term of this warranty begins on the date the GOODS are delivered to CITY, and continues therefrom. CONSULTANT warrants that:
(1) The GOODS will function properly under normal use, will be of good workmanship, free from defect, of merchantable quality, and fit for C|TY’s intended use;
(2) The GOODS will fully comply with any speci?cations provided by CITY and any samples or documentation provided by CONSULTANT; (3) The GOODS will be free of any security interests, liens, or encumbrances and CONSULTANT has title to the GOODS;
(4) The GOODS will not violate any intellectual property rights of any third party:
(5) The GOODS will be delivered free of the rightful claim of a third person by way of infringement; and
(6) The GOODS are merchantable in accordance with Commercial Code Section 2314.
(b) The warranty listed above is in addition to any other warranties made by CONSULTANT, the manufacturer, retailer, or imposed by law. All warranties will survive inspection and payment by CITY and are assignable to C|TY’s successors and assigns. If any GOODS do not meet the warranty. CITY may, at ClTY's option, and without additional cost to CITY:
(1) Require CONSULTANT to repair or replace the GOODS until the GOODS meet the warranty, If CONSULTANT cannot replace the GOODS and repair either is not commercially practicable or cannot be made within three (3) days, CONSULTANT will refund the purchase price;
(2) Return any of the GOODS to CONSULTANT at CONSULTANT’s expense for a fullrefund;
(3)Correct the nonconfonnance and charge CONSULTANT for the costs to make the correction; or
(4) Engage a third party to provide substitute GOODS and charge CONSULTANTfor the costs of obtaining the substitute GOODS from the third party.
14. INDEPENDENTCONTBACTOR
(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, or agents shall have control over the conduct of CONSULTANTor any of CONSULTANT‘s of?cers, 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 whatsoever against CITY, or bind C|TYin any manner. (b) No employee bene?ts shall be available to CONSULTANT in connection with the perfonnance of this AGREEMENT. Except for the fees paid to CONSULTANT as provided in this AGREEMENT, CITY shall not pay salaries, wages, or other compensation to CONSULTANT for perfonning services hereunder for CITY. CITY shall not be liable for compensation or indemni?cation to CONSULTANT for injury or sickness arising out of performing services hereunder. In
addition to the indemni?cation provisions of Section 11, CONSULTANT shall indemnify, defend, and hold CITY harmless from claims or liability arising from CONSULTANT's employees for CITY bene?ts including, but not limited to, pension, health bene?ts, holiday, vacations, etc.
15. LEQALBE§EQNS|BIL|TlE§
CONSULTANT shall keep itself informed of State and Federal 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. CONSULTANT shall at all times observe and comply with all such laws and regulations. CITY, and its officers and employees, shall not be liable at law or in equity occasioned by failure of CONSULTANT to comply with this Section.
16. Pg; TICALBEEORMAg
If the Political Refcnn Act requires CONSULTANT to file a Form 700, then CONSULTANT must file a Form 700 with full disclosure within 30 days of assuming office and thereafter must file an annual statement for each calendar year of this AGREEMENT.
17. UNDU INF CE
CONSULTANT declares and warrants that no undue influence or pressure is used against or in concert with any of?cer or employee of CITY in connection with the award, terms, or implementation of this AGREEMENT, including any method of coercion, con?dential financial arrangement, or financial inducement. No of?cer or employee of the CITY will receive compensation, directly or indirectly, from CONSULTANT, or from any officer, employee, or agent of CONSULTANT, in connection with the award of this AGREEMENT or any work to be conducted as a result of this AGREEMENT. Violation of this section shall be a material breach of this AGREEMENT entitling CITY to any and all remedies at law or in equity.
18. NO B§?EF|T T0 ARISE TQ LOCAL EMPLOYEES
No member, officer, or employee of CITY, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with this AGREEMENT.
19. BELEASEOF INEORMATION[ CQNFLICTSOF INTEREST
(a) All information gained by CONSULTANTin performance of this AGREEMENT shall be considered confidential and shall not be released by CONSULTANT without ClTY‘s prior written authorization. CONSULTANT, its of?cers, employees, agents, or subconsultants, 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 perfomied 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.
(b) CONSULTANT shall promptly notify CITY should CONSULTANT, its of?cers, employees, agents, or suboonsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this AGREEMENT and the work performed thereunder or with respect to any project or property located within the CITY.
CITY retains the right, but has no obligation. to represent CONSULTANT and/or be present at any deposition, hearing, or similar proceeding. CONSULTANT agrees to cooperate fully with CITY and to provide the opportunity to review any response to discovery requests provided by CONSULTANT. However, ClTY's right to review any such response does not imply or mean the right by CITYto control, direct, or rewrite said response.
20. SECUEIYOF INFORMATION
CONSULTANT shall identify reasonably foreseeable internal and external risks to the privacy and security of personal information acquired during performance of this AGREEMENT that could result in the unauthorized disclosure, misuse, alteration, destmction, or other compromise of the information.
CONSULTANT shall regularly assess the sufficiency of any safeguards and infomiation security awareness training in place to control reasonably foreseeable internal and external risks, and evaluate and adjust those safeguards in light of the assessment.
21- lL0_TLQE§.
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, which 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:
CITY CONSULTANT
Cigyof Norm Retail Strategies, LLC
2870 Clark Avenue 2200.Magnolia Avenue, South, Suite 100 Norco, Califomia 92860 Birmingham‘ AL35205
A?ention: Manager Alterillori Stephen P Leara. Esq —EVP|General Counsel Ema“; i_3as5°0n@Ci,nor¢o_¢a_u5 Email: s|eara@retailstrategiescom
22. ASSIGNMEN
CONSULTANT shall not assign the perfomnance of this AGREEMENT, nor
any part thereof, nor any monies due hereunder, without the prior written consent of CITY.
[Check if Applicable] CONSULTANT shall provide CITY fourteen (14) days’ notice prior to the departure of any key personnel from CONSULTANT’: employ.
Should key personnel leave CONSULTANT’s employ, CITY shall have the option to immediately terminate this AGREEMENT, within three (3) days of the close of said notice period. Upon termination of this AGREEMENT, CONSULTANT's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and CONSULTANT.
[Check if Applicable] Because of the personal nature of the services to be rendered pursuant to this AGREEMENT, only (“PRINCIPAL”) shall perform the services described in this AGREEMENT. PRINCIPAL may use assistants, under hislher direct supervision, to perform some of the services under this AGREEMENT. CONSULTANT shall provide CITY fourteen (14) day's notice prior to the departure of PRINCIPLE from CONSULTANT's employ. Should he or she leave CONSULTANT's employ, CITY shall have the option to immediately terminate this AGREEMENT, within three (3) days of the close of said notice period.
Upon tennination of this AGREEMENT, CONSULTANT‘s sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between CITY and CONSULTANT.
23. 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 including, but not limited to, a Norco business license.
24. QOVEBNINGLAW
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. Any litigation concerning this AGREEMENT shall take place in Riverside County Superior Court or Central Districtof California Federal District Court.
25. ENTIRE AGREEMEN
This AGREEMENT contains the entire understanding between the parties relating to the obligations of the parties described in this AGREEMENT. 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.
26. NTENTS OF EST PROPOSAL OPOSAL
CONSULTANT is bound by the contents of C|TY’s Request for Proposals and the contents of the Proposal submitted by CONSULTANT. In the event of con?ict, this AGREEMENT shall take precedence over C|TY’s Request for Proposals and CONSULTANT's Proposal; and C|TY's Request for Proposals shall take precedence over CONSULTANT’s Proposal. No limitation of CONSULTANT’s liability, waiver of rights of CITY, or release of rights or remedies held by CITY, contained in CONSULTANT’sProposal shall be of any force or effect.
27. |NTERPRETA[ Q?
In the event of oon?ict or inconsistency between this AGREEMENT and any other document, including any proposal or Exhibit hereto, this AGREEMENT shall control unless a contrary intent is clearly stated. This AGREEMENT shall be interpreted as though drafted by all parties hereto.
28. MODIFICAIIQE
No modi?cation to this AGREEMENT shall be effective unless it is in writing and signed by authorized representatives of the parties hereto. The written modification requirement cannot be waived.
29. ATTORNE!EE_E§
in any action or proceeding brought by either party against the other party arising out of or in any way connected to this AGREEMENT, or where any provision hereof is validly asserted as a defense, the parties shall bear their own attomey‘s fees, costs, and expenses. Nothing in this provision shall excuse CONSULTANTS duty to provide CITY with a defense at CONSULTANTS cost when CITY receives a complaint, petition, or other pleading from a third party requiring CITY to defend itself.
30‘ Ag IEIQBITYTO EXECLJTETH|§ A§BEE_M_EN|
The person or persons executing this AGREEMENT on behalf of CONSULTANT warrants and represents that he/she/they has the authority to execute this AGREEMENT on behalf of CONSULTANT and has the authority to bind CONSULTANTto the performance of his/her/its obligations hereunder
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year first above written.
CITYOF NORCO CONSULTANT I2;-mu. 5m,.T:w:s_ 14:.
Mayor Ignature
mmr;z. :r»//2.r..
ATTEST: Typed Name
City Clerk
Approved as to Fom1:
HARPER & BURNS LLP
WTAHVHIJC.AMIMMSHTEATMl?
MVDOOIM|SS|DNEl'l$UAV01.2lI25
City Atlomey
Approved as to Content:
City Manager
Greg Newton
Dana Roa, CMC
Lori Sassoon
Exhibit “A”
Scope of Services
And Payment Terms
StrictlyPrivate & Confidential
‘:;a)retail strategies
~!/
Retail Recruitment Proposal
Prepared for Name, CA
October 10th , 2022 Pncing \/alxd for 60 Days
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retail strategies
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RETAILSTRATEGIES
Executive Summary
Founded in 2011, Retail Strategies exists to build trust-based relationships with communities across the country. We meet this goal by offering human resources and asset-based solutionsto help recruit expanding national brands, revitalize downtowns, and support our country's small business community.
With confidence, we pursue this mission by delivering unparalleled customer service as a unified team to help our partners discover their markets unique value to retailers, connect opportunities in their market, and advance each opportunity towards their next goal. r?lall sirategles
'etail lCCl’Ul(lTlC'll retail academy downlowri stiatcg es small business supporl Industry Leaders Industry Involvement
- 150 years of retail real estate experience SIALT‘
- Direct connections to retailers & developers ""'"”“‘
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- Hands-on approach JP\. MMNSTREET , ‘."..‘.'l7.5Z'cii‘i?§"
AMERICN
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IN THE NEWS
Retail Strategies President, Lacy Beasley Named
to ICSC Board of Trustees
Lacy Beasley, Plesidelltol?etail Str: ' Silpp?llll no |CSC'sEoard Dllrllsieeslol aiiiiiiiialmie I.»l7?W(FIl5lCE$ added to the board, slid one oianlyiiiiiu lllenlllers Ye iriiig the public sector. =rd provides input In hclplllg lCSCaCl1le'.lK3Its goal else Flg Its iiioieniaii 7nmi.i memlaersgloljally by (mg and UJlYl'Y‘lIll1l(‘3(Illg nie crlllcal SULIBI,CWIC, and GCGHONICrole playuil Livtile retell real 9 _ , hersell 35 a go l<(‘llJVC9lH cliemiiiniercialreal ostatcworld ileiielopiiiga i-iicl Ol'I(lng‘.’lIltl’l l'VlLIlllClp3Ill1E"i on their ietail (lemeIODlVle7lI.SN7]lgic. View the full list oftlie Eo1r:I0fTrusl
RE|'AlL STRATEGIES
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retailstrategies
Our Process
discover
simi, l‘*iv.1te & (nr"c:=’iriai
We workto find your unique story.
We believe that every community is unique, so we take time to engage our Client's to understand your stony of opportunity to leverage your attributes towards expanding businesses.
Our discovery phase is all about understanding the data, real estate and people that make up your local market.
We make sure your community's story is heard.
As a conduit between communities and national retailers, we ensure that your stories of opportunity, culture, values and people are perfected to resonate with the right retail audiences.
Aggressively taking your communities story and information to expanding businesses, property owners, brokers, developers, and other industry players to create economic growth in your community.
We multiplyand enhanceyour staff.
We work as an extension of your staff, adding specific expertise, and amplifying your efforts and visibility many times over.
Our team PROACTIVELYworks to tell your story to the expanding business community on the phone, via email and of course at trade shows.
Our team identi?es retailers that are interested in your market and then work to advance them and connect them with your local property owners to allow for a deal to take place.
RETAIL STRATEGIES
Discover: Research
Trade Area
Identi?cation
By utilizingmobile data
collection, data and analytics,
and real estate acumen, our
team willidentifyshopping
patterns within your
community that willanswer
key questions for retailers.
PsychograpliicAnalysis
Defines the type of
consumers in your market by
breaking down consumers
demographic characteristics,
consumer preferences,
consumer expenditures, and
cultural ideals.
svwix, Privaie s Luv ‘ LU -.a
retail strategies
The cycle begins with market analysis.We take the deep
dive in to data, advanced analytics, and proprietary tools developed in house to uncover and define the potential in your community.
RetailStrategies uses a complex mix of data sources
anchored by STI Popstats (Synergos Technologies) as our primary data source. This data source consistently delivers the highest level of accuracy and allows our team to
analyze and deliver over 3,365 individual variables (per geography) providing the deepest, most reliable,
information possible to our Clients.
Business Recruitment
Categories
After reviewing key
demographic information, we
will deliver a list of uses,
businesses, and opportunities
for your community. These
potential businesses will
elevate your downtown.
GAPAnalysis
Examining the market supply
and market demand within the
trade area to uncover the
categories of retail being
desired by your community.
Mobile Data
Collection
An industry leading report
whichutilizescell phone data
to identifythe home and
work location of consumers
that visit a de?ned shopping
area within the community.
Consumer Expenditures
Drillingdown into each retail
segment to identify and
understand what your
consumers spending
patterns are.
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RETAILSTRATEGIES ma“ “’a‘e9‘e‘
Discover: In Market Real Estate Analysis
Gk discover
To accomplish this we bring our team of retail real estate professionals to your community to uncover your strategic and underutilized real estate assets.
Real Estate is the key to every business expansion. Our team features over 150+ years of retail real estate
experience and we utilize our collectiveexperience to
provide the most thorough, and creative, assessment of
your community.
The inventory of properties our team believes is viable for new development, redevelopment highest and best use or vacancies that need to be filled are logged and recorded in our custom software program to be used by your team during the recruitment process.
The information we gather is immediately put to work through making outreach to the property owners, developers, and brokers who represent these properties to learn their goals for the property and how Retail Strategies can assist them on behalf of the community leaders.
PROPERTY
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BROKERS
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COMMUNITY
LEADERS
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DISCOVGFI Community Input & Communication
Community Input
Throughout the life of our partnership we willalways be ready to listen to your feedback, suggestions, opinions, and requests, Beloware items and actions we take to
ensure we are providing information and action toward the betterment of the community.
Communication: The Key to Our Partnerships
During our onboarding process we willbe scheduling a time to speak with you to get a first» hand understanding of your goals, desired businesses, past experiences, etc. In addition, we send a questionnaire that can be filled out by one, or many, Community Leaders to provide RetailStrategies further information on your goals and vision.
From Day 1 our process is built around creating a relationship with you and getting communication and information flowing to one another. This is partnership, We know that no one knows your community better than you. Through our partnership we will be able to harness your local knowledge and pair it with our resources and connections to make an economic impact. In addition, this free flow of communication willallow you to always share feedback with our team which we willutilize on your behalf.
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Connect: Retail Recruitment
RetailRecruitment
This is where the rubber meets the road. Thisis where we take the information we have collected for your community, package it in the appropriate format, and begin showcasing opportunities in your community. The Benefit of partnering with Retail Strategies is that we do not just hand you fancy gadgets and a CRM tool to conduct recruitment, our West Coast management team willconduct every piece of outreach to the appropriate Contact on your behalf.
Recruitment
Your team will be reaching out to property owners, brokers, developers, retailers, restaurants, and allother industry players to connect the dots to your market. We utilize the resources we have gathered and willcontinue to seek additional information throughout our partnership to further define the opportunities in your market.
Representation
Each year our team attends more than a dozen retail real estate conferences including key retail conference like ICSC Recon, Retai|Live! Scottsdale and Austin and more.
Retail Strategies attends all of these shows annually and vows to continue to attend to meet with industry leaders and market the opportunities in your community.
At the conferences we willset up and have meetings with targeted retailers, restaurants, brokers, and developers on your behalf. Following the conference you will receive an update on who we met with, what was said, and what our next steps are.
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