From: Robin Grundmeyer
To: Kelli Newton
Subject: Fwd: [EXT] World Wish Day Proclamation Request! Date: Saturday, February 11, 2023 8:01:59 AM
Request for recognition
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From: Christian S <[email protected]>
Sent: Friday, February 10, 2023 12:49:45 PM
To: [email protected] <[email protected]> Subject: [EXT] World Wish Day Proclamation Request!
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World Wish Day Proclamation
Dear Mayor Grundmeyer:
I am a volunteer for Make-A-Wish Orange County & the Inland Empire. Thank you for serving this beautiful city and for enriching the lives of members in your community. On behalf of Make-AWish Orange County & the Inland Empire, I am writing to request your proclamation of April 29th as World Wish Day in the city of Norco. Make-A-Wish Orange County & the Inland Empire, the nonprofit located in Orange, Riverside, and San Bernardino Counties, is dedicated to granting the wish of every child with a critical illness in the counties we serve. For more information, visit Wish.org/ocie.
Observed on April 29th each year, World Wish Day celebrates the anniversary of the wish that inspired the creation of Make-A-Wish. Since its beginning in 1980, Make-A-Wish has granted more than 520,000 wishes around the world. This year Make-A-Wish Orange County & the Inland Empire celebrates its 40th anniversary of granting over 7,800 wishes to children battling life-threatening medical conditions in Orange, Riverside, and San Bernardino Counties.
By observing World Wish Day in Norco it will offer an opportunity to focus attention on the great need for more support in the city of Norco.
A wish come true helps a child feel stronger, more energetic, and more willing and able to battle their critical illness. Within our 40 years of granting wishes to critically ill children in Orange
County and the Inland empire, Giselle, from Riverside, is just one of the reasons why we continue to grant wishes!
At 6 years old, Giselle loves being surrounded by her family and playing tag with her sister. While she received treatment for her kidney transplant, Giselle had to be separated from her sister which was very hard for both of them. While she recovered, Giselle found comfort in Disney movies, especially her favorite, Beauty and the Beast. When thinking about her most heartfelt wish, Giselle knew she wanted to do something special with her sister. Thanks to our supporters, her wish to go to Disney World was granted! Giselle had a magical wish trip to Disney World where she and her sister were able to make up for lost time together. They both had dreamed of riding the Haunted Mansion together, so it was the first thing they did!
In honor of World Wish Day and the 40th anniversary of Make-A-Wish Orange County & the Inland Empire, I ask that the city of Norco issue a proclamation that recognizes April 29th as World Wish Day. If our request is granted and World Wish Day is recognized in the city of Norco we would appreciate it if we could attend a meeting to celebrate this momentous recognition and receive this proclamation in person. Ultimately, your proclamation will give hope to children battling critical illness in Riverside County!
Christian Sutton, Marketing and Communications Committee member can answer any questions you have about World Wish Day and the impact Make-A-Wish Orange County and the Inland Empire has made on our community for the last 40 years. You can reach Christian through his email at [email protected] or by phone at 916.365.7576.
More information and sample language that might be helpful in drafting a proclamation is attached. I look forward to working with your office on this important endeavor and in representing the city of Norco in this campaign.
Thank you for your consideration.
Sincerely,
Christian Sutton
916.365.7576
Marketing and Communications Committee member
Make-A-Wish Orange County and the Inland Empire
World Wish Day Proclamation
WHEREAS, every 20 minutes, a child is diagnosed with a critical illness and the Make-A-Wish Foundation has a mission to grant the wish of every eligible child; and
WHEREAS, for every wish we grant, there are three more children with critical illnesses whose wishes need financial support; and
WHEREAS, Make-A-Wish® Orange County & the Inland Empire celebrates its 40th anniversary of granting over 7,800 wishes to children with critical illnesses in Orange, Riverside, and San Bernardino Counties; and
WHEREAS, “95% of wish alumni felt more hopeful for their future after their wish.” We believe that, just as they have for the last 40 years in Riverside County, wish experiences will continue to play a vital role in a child’s treatment, serve as an encouragement on a family’s journey and provide a source of inspiration for millions of people; and
WHEREAS, “90% of medical professionals said they have observed children increasing their compliance with treatment after learning they would receive a wish.” Wish parents and families see their child’s wish as a turning point in their treatment, giving their child strength and a sense of empowerment. Medical professionals report that a wish is a necessary part of a child’s treatment; and WHEREAS, World Wish Day is a national Make-A-Wish event that commemorates 43 years since our first wish and celebrates our mission of creating life-changing wishes for children with critical illnesses; and NOW, THEREFORE, I, Mayor Grundmeyer, Mayor of Norco, California, do hereby proclaim April 29th as “World Wish Day” throughout Norco.
Source: Make-A-Wish 2022 Impact Study
City Council
STAFF REPORT
Date: March 15, 2023 Agenda Item:
2.I.
To: Honorable Mayor and City Council Members
Prepared By: Chad Blais, Public Works Director
Department: Public Works
SUBJECT:
Ratification of agreements for emergency repair services and geotechnical investigation related to the slope erosion on River Drive.
RECOMMENDATION:
Ratify the City Manager's emergency actions to approve agreements with Converse Consultants in the amount of $49,077 and Hardy and Harper in the amount of $29,800, along with the issuance of purchase orders for each vendor including up to 10% contingency for the Hardy and Harper Proposal; and allocate $85,000 from Measure R Funds to fund the emergency work.
SUMMARY:
The slope erosions that has occurred along River Drive has created a safety issue for both the trail and roadway that needs to be addressed immediately. Staff has engaged Converse Consultants to conduct a geotechnical investigation to determine the cause of the slippage and develop long-term options of how the City might abate and repair the damage. Hardy & Harper has been engaged to install some large rocks to help temporarily stabilize the slope to allow the trail to be reopened.
BACKGROUND:
On February 9, 2023, the City became aware of some significant erosion of the slope adjacent to trail along River Drive near Hillside Avenue. Staff immediately investigated the situation and secured the area to ensure the public stays away from impacted area.
In addition, the City also engaged Converse Consultants to conduct an emergency investigation into the reason(s) for the slippage and potential remedies. Converse Consultants was able to quickly identify multiple areas of past and current slippage, and recommended the City permanently isolate the impacted area as soon as possible until a temporary or permanent solution can be developed.
In order to determine the underlying cause of the slippage and potential abatement solutions to resolve the issue in the long term, Converse Consultants recommended the
City conduct a full Geotechnical Investigation and provided the City with a scope of work and proposal in the amount of $49,077 to complete the necessary investigation (see Converse Consultant Proposal).
In addition, Converse Consultants recommended the City engage a contractor to determine if they could place/fill the eroded area with 18-inch rock to stabilize the area.
The City met with Hardy and Harper on March 1, 2023 to review the impacted area and determine the scope for a temporary fix. The overall goal would be to stabilize the slope enough to allow the adjacent trail to be reopened. Hardy & Harper provided a cost estimate of $29,800 to complete the work (see Hardy & Harper Proposal).
Given the emergent and urgent nature of the situation, the City Manager to emergency action to approve these agreements. It is now requested that the City Council ratify these actions, and appropriate funds from Measure R unappropriated fund balance for this work.
Staff will notify Measure R Citizen's Oversight Committee of the emergency stabilization work.
FISCAL IMPACT:
Funding for the emergency geotechnical investigation and temporary stabilization work has not been budgeted for fiscal year 2022-2023. Staff is recommending the City Council authorize the allocation of $85,000 from Measure R fund balance to fund the emergency work. The estimated unallocated fund balance for Measure R is $4.3 million at this time.
RELATIONSHIP TO STRATEGIC PLAN:
Authorization of the emergency services related to the River Dr slope stabilization is consistent with Strategic Direction #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):
Converse Consultants Proposal
Hardy & Harper Proposal
Contract, Converse Consultants
Converse Consultants
Geotechnical Engineering, Environmental & Groundwater Science, Inspection & Testing Services 717 South Myrtle Avenue, Monrovia, California 91016
Telephone: (626) 930-1200 ♦ Facsimile: (626) 930-1212 ♦ www.converseconsultants.com March 6, 2023
RKA Group
398 Lemon Creek Drive, Suite E
Walnut, California 91789
Attention: Michael Lee, PE
Project Engineer/Construction Manager
Subject: PROPOSAL FOR GEOTECHNICAL INVESTIGATION
Slope Distress North of 666 River Drive
Norco, California
APN 153020009
Converse Project No. 23-81-147-00
Dear Mr. Lee:
We are pleased to present this proposal to provide a geotechnical investigation to evaluate slope distress to a modified natural slope north of the property at 666 River Drive in Norco, California.
The slope descends from the north side of River Drive and is about 47 feet tall with a variable surface ratio of about 1.5:1 to 2:1 horizontal to vertical. The slope area covered in this proposal extends about 300 linear feet parallel to River Drive and roughly centered on 666 River Drive.
The slope is in Assessor’s Parcel Number (APN) 153020009.
SCOPE OF WORK
Our proposed scope of work for this investigation would include, but not necessarily be limited to, the following:
1. Research and review of geologic and geotechnical maps, documents, and reports that may be available for the site area.
2. Research and review of archive aerial photographs that may be available for the site area and dating from the early 1900’s to present.
3. Review of original project plans and reports that may be provided by you for River Drive and the tract development that borders the slope to the south.
4. Coordinate site access with you and the City of Norco, prepare boring location map, stake/mark boring locations in the field.
5. Notify DigAlert at least 48 hours prior to drilling to clear the boring locations of any conflict with existing underground utilities.
6. This assumes the City of Norco will provide onsite subsurface utility clearance if such utilities exist.
7. Excavate, sample, and log ten exploratory borings on the slope. Borings will be excavated with an extreme limited access track mounted drill rig called a Mini-Mole, and a tripod mounted drill called a Beaver-Rig, and 2-man drill crew. We will attempt to maneuver the Mini-Mole rig to as many borings sites as possible and use the Beaver-Rig for the
Proposal for Geotechnical Investigation
Slope Distress North of 666 River Drive
Norco, California
March 6, 2023
Converse Consultants
T:\JOBFILE\2023\81\23-81-147 RKA, City of Norco 666 River Drive\Proposal\23-81-147_pro(00)park.docx remaining borings. Four borings will be located along the top of slope north of the horse fence and will be drilled to maximum depth of 40 feet below ground or refusal whichever is shallower. Three borings will be located about mid-height on the slope face and will be drilled to a depth of 25 feet below ground surface or refusal. Two borings will be located at the toe of slope and will be drilled to a depth of 25 feet below ground surface or refusal.
Relatively undisturbed ring and bulk samples of the earth materials will be collected at regular intervals in the borings. Earth materials will be logged in the field by an engineer or geologist in accordance with the Unified Soil Classification System. Borings will be backfilled with the excavated spoils mixed with cement and tamped. Some settlement of boring backfill should be anticipated. Excess spoil, if any, will be spread onsite.
8. Soil samples obtained in the subsurface exploration will be transported to our geotechnical laboratory. Geotechnical testing may include any or all of the following as appropriate:
a. In situ moisture content and dry density (ASTM Standard D2216, and D7263) b. Soil corrosivity (Caltrans 643, 422, 417)
c. Particle size analysis (ASTM D6913)
d. Maximum dry density and optimum moisture content (ASTM Standard D1557) e. Direct shear (ASTM Standard D3080)
f. Expansion index (ASTM D 4829)
g. Consolidation (ASTM2435) and/or swell collapse (ASTM D4546).
Samples will be stored in our laboratory for at least 30 days after the report is completed.
At that time, samples will be disposed of unless we receive notification to do otherwise.
9. Preparation of a geologic map showing conditions in the local area based on regional and site-specific mapping. The map will show geologic units, strike and dip of bedding, manmade improvements, and other data that may be available and pertinent.
10. Preparation of four geologic cross sections based on the field exploration and showing interpreted subsurface conditions beneath the road surface and slope.
11. Development of a mitigation strategy to return the slope to its pre-erosion condition including backfilling of the erosion channel, placement of fill, placement of geogrid, and possibly other techniques which may include soldier pile retaining wall protection for the horse trail and road surface, and shotcrete of the erosion channel.
12. Preparation of quantitative surficial stability analyses to analyze existing conditions on the slope and post-repair factor of safety.
13. Preparation of a written report describing our field and laboratory investigations and presenting findings and recommendations with respect to the likely cause of the slope erosion and how to repair it. Recommendations will include:
a. Grading
b. Over excavation and compaction
c. Subgrade preparation
d. Structural backfill
e. Suitability of on-site soils for grading or for use as compacted fill f. Types of imported fill (if required) for use as compacted fill g. Recommendations for expansive soils if such soils are present h. Recommendations for use and placement of geogrid fabrics i. Shrinkage and subsidence
Proposal for Geotechnical Investigation
Slope Distress North of 666 River Drive
Norco, California
March 6, 2023
Converse Consultants
T:\JOBFILE\2023\81\23-81-147 RKA, City of Norco 666 River Drive\Proposal\23-81-147_pro(00)park.docx j. Temporary and permanent slopes
k. Drainage
l. Pile design
m. Placement and design of shotcrete
14. The report will be signed and stamped by an engineering geologist and geotechnical engineer licensed by the State of California.
SCHEDULE
We can start work within 5 working days of written notice to proceed. We anticipate the scope of services described above can be completed in 25 to 30 working days barring unforeseen conditions or delays beyond our control.
COST ESTIMATE
Our total not-to-exceed fees are summarized in the following table. If unusual or unexpected conditions are encountered, you will be contacted for a discussion of those conditions. This authorization does not include costs for items such as permits, meetings, conferences, and/or items, which have not been specifically noted in the scope of services.
TASK COST
Tasks 1-3 Research and review $1,125
Tasks 4-7 Field exploration, includes 10 limited access borings $28,950 Task 8 Geotechnical laboratory $3,500
Tasks 9-10 Geologic map and 4 cross sections $3,450
Tasks 11-12 Slope repair concept, slope stability $4,990 Tasks 13-14 Geotechnical and geologic analyses and
recommendations and report $2,600
TOTAL ALL TASKS $44,615
TOTAL ALL TASKS PLUS 10% CONTINGENCY $49,077
Our cost is based on the following assumptions:
• All fieldwork will be done in one mobilization.
• Access to the site is feasible from the existing street. • Access to the site will be available during normal weekday working hours at no additional cost to Converse.
• Converse will minimize the impact and disturbance to the existing site conditions; however, some degree of disturbance or damage may occur by the field work. • Owner will assist Converse to clear existing underground utilities at no additional cost to Converse. Converse will not be responsible for any utility damage due to borings. • The borings will be backfilled with soil cuttings. As a result, the surface may settle over time. Converse is not responsible for boring backfill settlement. • Converse will not be responsible for any markings left by Converse and USA.
Proposal for Geotechnical Investigation
Slope Distress North of 666 River Drive
Norco, California
March 6, 2023
Converse Consultants
T:\JOBFILE\2023\81\23-81-147 RKA, City of Norco 666 River Drive\Proposal\23-81-147_pro(00)park.docx • It is understood by both contracting parties that this work is a design investigation not subject to prevailing wage as defined by Labor Code Sections 1770-1780.
If the terms are acceptable, please complete and sign the attached Acceptance of Agreement and return it to us.
Please feel free to contact the undersigned at (626) 930-1223 if you have any questions or need additional information. We appreciate the opportunity to be of service.
Sincerely,
CONVERSE CONSULTANTS
Douglas S. Santo, PG, CEG, CHG
Principal, Chief Geologist
Encl: Acceptance of Agreement form
Non-Prevailing Wage Schedule of Fees
Geotechnical Laboratory Schedule of Fees
General Conditions
Dist: 1 to Addressee via Email
1 to Mr. David Gilbertson via Email ([email protected]) DS:jjl
Proposal for Geotechnical Investigation
Slope Distress North of 666 River Drive
Norco, California
March 6, 2023
Converse Consultants
T:\JOBFILE\2023\81\23-81-147 RKA, City of Norco 666 River Drive\Proposal\23-81-147_pro(00)park.docx
PROPOSAL FOR GEOTECHNICAL INVESTIGATION
Slope Distress North of 666 River Drive
Norco, California
APN 153020009
Converse Project No. 23-81-147-00
ACCEPTANCE OF AGREEMENT
Firm Name: (Client)1
By: (Print Name)
Signature:
Title: Date:
Telephone No. ( )
Email Address:
P.O. No./Billing Instructions2,3:
1 Invoices will be sent to the Client, who shall be responsible for payment thereof, unless notified otherwise. The Client is represented by a person with authority to financially commit to the scope of work herein and acknowledges that the person signing has read and understands the enclosed General Conditions. 2 Billing requirements, including backup documentation, should be mutually agreed upon and indicated here.
Subsequent additions or changes should likewise be mutually agreed upon and submitted in writing with appropriate authorization.
3 It is understood by both contracting parties that this work is a design investigation not subject to prevailing wage as defined by Labor Code Sections 1770-1780.
City of Norco
03/15/2023
Converse Consultants P2023 Geotech
CONVERSE CONSULTANTS
Non-Prevailing Wage Schedule of Fees
Geotechnical Personnel
Introduction
It is the objective of Converse Consultants to provide its clients with quality professional and technical services and a continuing source of professional advice and opinions. Services will be performed in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. This fee schedule is valid through December 31, 2023.
Hourly Charges for Personnel
Staff assignments will depend on personnel availability, job complexity, project site location, and experience level required to satisfy the technical requirements of the project and to meet the prevailing standard of professional care.
Field Technical Services (all including vehicle and equipment) Construction Inspector – ACI/ICC and/or AWS/CWI certified (concrete, post-tension, masonry, structural steel, fireproofing; includes concrete batch plant and local steel fabrication inspections) .................................$85 Non-Destructive Testing Inspector (ultrasonic, magnetic particle, dye penetrant)......................................................................85 Construction Inspector/Technician (skidmore, pull testing, torque testing, Schmidt hammer, and pachometer)........................90 Coring Technician ......................................................................................................................................................................90 Soils Technician (soil, base, asphalt concrete, and moisture emission testing) .........................................................................80 Senior Soils Technician..............................................................................................................................................................90 Sample Pick-Up .........................................................................................................................................................................50 Professional Services (field and office)
Staff Professional ...................................................................................................................................................................$140 Senior Staff Professional..........................................................................................................................................................150 Project Professional .................................................................................................................................................................160 Project Manager.......................................................................................................................................................................170 Senior Professional ..................................................................................................................................................................170 Principal Professional...............................................................................................................................................................225 Principal/Consultant .................................................................................................................................................................235 Laboratory Testing
Laboratory Technician...................................................................................................................................................... Per Test (See Geotechnical Laboratory Testing and Materials Testing Services fee schedules.) Laboratory Supervisor..............................................................................................................................................................$90 Office Support
Clerical/Word Processing.........................................................................................................................................................$85 Drafting.......................................................................................................................................................................................85 CAD Operator/Drafting Manager................................................................................................................................................90 An overtime charge of 50 percent of the above hourly rates (excluding Professional Services) will be added for time in excess of eight hours per day and for all time on Saturdays, Sundays and holidays. An overtime charge of 100 percent of the above hourly rates (excluding Professional Services) will be charged on Sunday if hours worked were seven continuous eight hours per day in one work week, not counting paid time off within the week. Travel time to and from the job site will be charged at the hourly rates for the appropriate personnel.
Expenses
1. Exploration expenses (drilling, trenching, etc.) are charged at cost plus fifteen percent.
2. Travel and subsistence expenses (transportation, room and board, etc.) for individuals on projects requiring travel and/or living 50 miles away from the project site are charged at cost plus fifteen percent.
3. Automobile and truck expenses are charged at cost plus fifteen percent (rentals) or at the current IRS mileage rate for companyowned vehicles traveling between principal office and project.
4. Other out-of-pocket direct project expenses (aerial photos, long-distance telephone calls, permits, outside printing services, tests, etc.) are charged at cost plus fifteen percent.
Invoices
1. Invoices will be submitted to the Client on a monthly basis, and a final bill will be submitted upon completion of services.
2. Payment is due upon presentation of invoice and is past-due thirty days from invoice date. In the event Client fails to make any payment to Converse when due, Converse may immediately cease work hereunder until said payment, together with a service charge at the rate of eighteen percent per annum (but not exceeding the maximum allowed by law) from the due date, has been received.
Furthermore, Converse may at its sole option and discretion refuse to perform any further work irrespective of payment from Client in the event Client fails to pay Converse for services when said payments are due.
3. Client shall pay attorneys’ fees or other costs incurred in collecting any delinquent amount.
General Conditions
The terms and provisions of the Converse General Conditions are incorporated into this fee schedule as though set forth in full. If a copy of the General Conditions does not accompany this fee schedule, Client should request a copy from this office.
Converse Consultants GLT2023
CONVERSE CONSULTANTS
Schedule of Fees – Geotechnical Laboratory Testing
Compensation for laboratory testing services will be made in accordance with this fee schedule which includes test report(s) and engineering time. Costs of tests not on this schedule will be by quote and/or in accordance with our current hourly fee schedule. The rates are based on non-contaminated soil. A surcharge will be charged for handling contaminated material, which will be determined based on the project.
IDENTIFICATION AND INDEX PROPERTIES TESTS
Visual Classification, ASTM D2488...................................20.00 Engineering Classification, ASTM D2487 .........................25.00 Moisture Content and Dry (bulk) Density,
ASTM D2216 and D2937.............................................25.00 Moisture Content, ASTM D2216 ..................................20.00 Shrinkage Limit, ASTM D4943..........................................85.00 Atterberg Limits, ASTM D4318
Several points ............................................................150.00 One Point.....................................................................50.00 Particle Size Analysis, ASTM D6913
Fine Sieve, from +#200 to #4.....................................100.00 Coarse and Fine Sieve, from #200 to 3 in..................180.00 Hydrometer ................................................................120.00 Percent Passing #200 Sieve, ASTM D1140......................80.00 Specific Gravity
Fine, passing #4 sieve, ASTM D854..........................100.00 Coarse, retained on #4 sieve, ASTM C127................100.00 Sand Equivalent Test, ASTM D2419...............................120.00 Double Hydrometer Dispersion, ASTM D4221................150.00
COMPACTION AND BEARING STRENGTH
Standard Proctor Compaction, ASTM D698 or ASTM D1557
Method A or B............................................................200.00 Method C, 6” mold......................................................210.00 California Impact Method, Caltrans 216..........................220.00 R-value, ASTM D2844 and CTM301...............................270.00 California Bearing Ratio (CBR), ASTM D1883
1 Point........................................................................530.00 3 Points ......................................................................750.00 Relative Density
0.1 Cubic Foot Mold...................................................200.00
0.5 Cubic Foot Mold...................................................300.00
SHEAR STRENGTH
Torvane/Pocket Penetrometer ..........................................25.00 Direct Shear
Quick Test....................................................................75.00 Consolidated, Drained, granular soil,
ASTM D3080 ........................................................220.00 Consolidated, Drained, fine grained soil,
ASTM D3080 ........................................................260.00 Consolidated, Undrained, fine grained soil.................220.00 Residual Strength, per cycle ........................................70.00 Remolded Specimens ..................................................70.00
STATIC UNIAXIAL AND TRIAXIAL STRENGTH TESTS
(PER POINT)
Unconfined Compression, ASTM D2166 ........................150.00 Unconsolidated, Undrained, ASTM D2850 .....................160.00 Consolidated, Undrained, per point ................................700.00 Consolidated, Drained, per point ....................................700.00 With Pore Pressure Measurement, per load...................150.00 Remolded Specimen.........................................................90.00 CONSOLIDATION (ASTM2435) AND SWELL COLLAPSE
(ASTM D4546) TESTS
8 Load Increments ..........................................................250.00 Additional Load Increment ................................................50.00 Time-Ratio, per load increment.........................................90.00 Single Point, collapse test.................................................90.00 Single Load Swell, ASTM D4546
Ring Sample, Field Moisture......................................... 95.00 Ring Sample, Air Dried ................................................. 95.00 Remolded Sample.............................................................. 70.00 Expansion Index Test, UBC 29-2/ASTM D4829................130.00
HYDRAULIC CONDUCTIVITY TESTS
Constant Head, ASTM D2434...........................................250.00 Falling Head Flexible Wall, ASTM D5084 .........................300.00 Triaxial Permeability, EPA 9100........................................350.00 Remolded Specimen.......................................................... 60.00
CHEMICAL TESTS
Corrosivity (pH, resistivity, sulfates, chlorides)..................220.00 Organic Content, ASTM D2974.........................................100.00 Conditions: Unit rates presented on this fee schedule are for routinely performed geotechnical laboratory tests. Numerous other earth material physical tests can be performed in our geotechnical laboratories, including rock core, soil cement and soil lime mixture tests. Tests not listed can be quoted upon request. This fee schedule is valid through December 31, 2023.
Prices are based on the assumption that samples are uncontaminated and do not contain heavy metals, acids, carcinogens and/or volatile organics which can be measured by an organic vapor analyzer or photoionization detector with a concentration greater than 50 parts-per-million (ppm). Quoted testing fees are based on the assumption that no protective clothing will be required to handle samples. If Level D protective clothing will be required during handling of samples (as defined in Federal CFR Part 1910.120), then a 40% increase in fees presented in this schedule will be applied. Level C protective clothing will be a 60% increase in fees. Converse will not handle samples that require either Level B or Level A protection in our geotechnical laboratories.
Contaminated samples will be returned to the client. Uncontaminated samples will be disposed of 30 days after presentation of test results. The client must disclose the source of samples. Samples imported from out of state will be incinerated after testing in accordance with requirements of the United States Department of Agriculture. Soil samples obtained within the State of California currently designated quarantine areas will also be incinerated in accordance with the requirement of the State of California, Department of Food and Agriculture, Division of Plant Industry, Pest Exclusion. A $5.00 incineration fee will be added to each sample that is required to be incinerated in accordance with State and Federal law.
Test results requiring plots will be presented in a publishable format generated from computer programs. Otherwise, raw test numbers will be presented. A minimum laboratory fee of $50.00 will be charged to present and mail test results. Beyond the standard U.S. Mail delivery, specialized transmittal will be charged at additional cost (e.g., Federal Express, UPS, etc.). Geotechnical testing does not include engineering and/or geologic review and analysis.
Typical turnaround for geotechnical laboratory testing is two weeks (or roughly ten working days). To expedite test turnaround to five working days, a 50% increase in the fees in this schedule will be applied. Many geotechnical tests require at least one week to perform in accordance with ASTM or other standard specifications. Fees presented in this schedule for relatively undisturbed direct shear, consolidation or expansion pressure tests are based on the assumption that 2.416-inch inside diameter brass ring samples will be provided to the geotechnical laboratory for testing. Remolded specimens will be compacted in standard 2.5-inch outside diameter brass rings for direct shear, consolidation and expansion pressure tests. All fees presented in this schedule are based on the assumption that the client will deliver samples to our laboratory at no additional cost to Converse.
Invoices will be issued monthly and are payable on receipt unless otherwise agreed upon. Interest of 1.5% per month (but not exceeding the maximum allowed by law) will be payable on any amount not paid within thirty days; payment thereafter to be applied first to accrued interest and then to the principle unpaid amount. The Client shall pay any attorneys' fees or other costs incurred in collecting any delinquent amounts.
Converse Consultants GC99-1
CONVERSE CONSULTANTS
General Conditions –
Right of Entry
Client warrants to Converse that it has full legal right to authorize Converse's entry upon the real property where Converse's services are to be performed ("Site" herein) and upon all property, if any, required for ingress and egress to the Site.
Client authorizes Converse to enter upon the Site and such adjoining property as is necessary to allow Converse to perform its services.
Converse will take reasonable precautions to minimize any damage to the Site; however, Client acknowledges that during the normal course of the performance of Converse's services, some damage to the Site may occur. The correction of any damage to the Site (surface or subterranean) shall be the obligation of the Client.
Information Supplied by Client
Client warrants the accuracy of any information supplied by it to Converse, acknowledges that Converse will not verify the accuracy of such information, and agrees that Converse is entitled to rely upon any such information.
Client shall immediately notify Converse in writing of any data, information or knowledge in the possession of or known to Client relating to conditions existing at the Site and shall provide Converse with the location, size and depth of any and all underground tanks, piping or structures existing upon the Site.
Client shall defend, indemnify and save harmless Converse, its officers, agents and employees from and against any and all claims, costs, suits and damages, including attorneys' fees, arising out of errors, omissions and inaccuracies in documents and information provided to Converse by Client.
Ownership of Data and Documents; Samples
All reports, boring logs, field data, field notes, laboratory test data, calculations, estimates and other documents prepared by Converse shall remain the sole property of Converse.
Client shall have the right to the use of all data, recommendations, proposals, reports, design criteria and similar information provided to it by Converse ("information" herein); provided, however, that the information shall not be used or relied upon by any party other than Client, save and except as may be required by the design and licensing requirements of the project for which the information is provided; further, such use shall be limited to the particular site and project for which the information is provided. To the extent Client utilizes Converse’s information by providing or making the same available to any third party (a) Client agrees to give written notice to any such third party that it may not utilize or rely on any aspect of Converse’s information and (b) Client agrees to defend, indemnify and hold Converse harmless against any and all claims, demands, costs, losses, damages and expenses, including attorneys fees, that may be asserted against or sought from Converse by any such third party.
Client's right to the use of the information is expressly conditioned upon Client's prompt payment to Converse of all sums due under the Client/Converse agreement. In the event of Client's nonpayment or partial payment of said amounts, Client agrees that it shall not use any of the information for any purpose whatsoever and shall return the same to Converse within 2 business days upon demand.
Converse will retain all samples of soil, rock or other materials obtained in the course of performing its services for a period of thirty (30) days. Thereafter, further storage or transfer of samples to Client may be made at Client's expense upon written request from Client to Converse received by Converse prior to the expiration of the 30-day period.
Converse shall retain permanent records relating to the Converse services for a period of five (5) years following submittal of Converse's report, during which period the records will be made available to Client upon reasonable notice given by Client and upon payment to Converse of an amount sufficient to reimburse Converse for its necessary and reasonable expenses in making said records available.
Standard of Care and Professional Responsibility
Client acknowledges that the services to be performed by Converse involve the use of tests, calculations, analyses and procedures which are in a constant state of development, improvement and refinement and that, as such, improvements, changes in methods, and modifications of procedures have been made in the past, are now being made, and are expected to continue to be made in the future.
Further, Client recognizes that, while necessary for investigations, commonly used exploration methods, such as drilling borings or excavating trenches, involve an inherent risk. For example, exploration on a site containing contaminated materials may result in inducing crosscontamination, the prevention of which may not be complete using presently recognized sealing methods.
Client recognizes that the state of practice, including but not limited to the practice relating to contamination or hazardous waste conditions, is changing and evolving and that standards existing at the present time may subsequently change as knowledge increases and the state of the practice continues to improve.
Client recognizes that projects containing contaminated materials may not perform as anticipated by Client, even though Converse's services are performed in accordance with the level of care and skill required of it. Further, certain governmental regulations relating to hazardous waste sites may purport to require achievement of results which cannot be accomplished in an absolute sense. It is recognized that a satisfactorily designed, constructed and maintained monitoring system may assist in the early detection of environmental changes allowing for early correction of problems. Unless it is specifically included in the scope of services to be performed by Converse, Client understands that Converse shall not perform such monitoring.
The services to be provided by Converse pursuant to the agreement to which these General Conditions are a part shall be provided in accordance with generally accepted professional engineering, environmental, and geologic practice in the area where these services are to be rendered and at the time that services are rendered. Client acknowledges that the present standard in the engineering and environmental professions does not include, and Converse does not extend to Client, a guarantee of perfection of the work contemplated hereby; further, that even in the exercise of normal and reasonable care, errors or omissions may from time to time occur. Except as expressly set forth in these General Conditions, no other warranty, express or implied, is extended by Converse.
Converse shall have no duty to supervise, coordinate or otherwise be involved in the performance of services or work by any third-party consultant, contractor or subcontractor.
Where Converse's services involve field observation of grading, filling and compaction (or any of them), it is agreed:
a. That Converse shall in no way be responsible for the manner in which such work is performed by any third party.
b. That in the event Converse is to provide periodic observation, Client acknowledges that Converse cannot be responsible for any work performed at a time or times when Converse was not performing its observation services.
Converse will not provide an opinion concerning the performance of any third party, save and except to the extent that said work was in fact observed and tested by Converse during the course of construction.
c. That where Converse's services include continuous observation, Client agrees not to allow grading, filling or compaction to be performed at any time or times when Converse is not physically present upon the Site and shall restrict the amount and extent of such grading, filling and compaction to that which can be properly observed by Converse personnel present on the Site. d. That in the event Converse is to conduct test borings for Client, Client acknowledges that the accuracy of said test borings relates only to the specific location in which the boring itself was performed and that the nature of many sites is such that differing subsurface soil characteristics can be experienced within a small distance. As such, Client acknowledges that greater accuracy is obtained when the number of test borings is increased.
Technical Limitations
Client acknowledges and agrees that: (1) it is unreasonable to expect Converse to be able to completely evaluate subsurface conditions, even after the most comprehensive exploratory program; (2) site conditions change frequently due to the passage of time, human activities, and climatic conditions and uncertainties are therefore inherent in the nature of Converse’s services and impossible to avoid; (3) the identification of geotechnical and environmental conditions and the prediction of future or concealed conditions is an inexact scientific endeavor; (4) the state of the art of geotechnical and environmental practice is such that Converse cannot guarantee that its recommendations will prove adequate on this project and the Client assumes the risk of any such failure, except as otherwise provided in these General Conditions and that (5) these General Conditions contains specific LIMITATIONS OF LIABILITY.
Indemnity of Client and Limitation of Liability
Converse shall indemnify Client, its officers, directors, agents or employees from any claim, demand or liability arising from personal injury or property loss or damage caused by the sole negligence or willful misconduct of Converse.
Anything to the contrary in the agreement to which these General Conditions are attached or in these General Conditions notwithstanding, Converse's liability shall be limited to the lesser of the fees charged to Client by Converse for the services performed for Client, or the sum of fifty thousand dollars. Client may, at its option, increase the maximum amount for which Converse shall be liable by payment of an additional fee.
For the maximum liability sum of one hundred thousand dollars, the additional amount to be paid shall be four percent of the total Converse fee charged hereunder; for the maximum liability sum of one million dollars, the additional amount to be paid shall be five percent of the total Converse fees charged hereunder Client acknowledges and agrees that its recovery, if any, shall be satisfied, in the first instance, from the proceeds of Converse’s insurance, and to the extent of any deficiency in the available insurance proceeds, then and only then, by Converse.
Client acknowledges that Converse has agreed to charge Client a reduced fee for services in exchange for the above limitation of liability and that said reduction in fees is consideration for said limitation.
Client shall defend and save harmless Converse, its officers, directors, agents and employees from all liability, claims and demands, including expenses of suit and
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reasonable attorneys' fees arising from personal injuries, including disease and death, property loss or damage, injury to others (including personnel of Client, Converse or subcontractors performing work hereunder), and air or ground pollution or environmental impairment arising out of or in any manner connected with or related to the performance of Converse's services, except where there is a judicial determination that such injury, loss or damage shall have been caused by the sole negligence or willful misconduct of Converse. Client acknowledges that Converse has charged Client a reduced fee for services to be performed by it in exchange for this hold harmless and that the reduction in fees is consideration for said hold harmless provision.
Converse will not be liable for consequential damages of any kind, nature or description.
Hazardous Waste, Pollution and Health Hazard Projects ("Hazardous Projects" Herein) Prior to the commencement of services by Converse on any hazardous project, Client agrees to advise Converse in writing of any known hazardous waste or materials existing on or near the Site or if any of said services are to be performed in an area where dust, fumes, gas, noise, vibrations or other particulate or nonparticulate matter is in the atmosphere where it raises a potential or possible health hazard or nuisance to anyone working within the area.
Anything in these General Conditions notwithstanding, Client shall indemnify and hold Converse, its officers, directors, agents, servants and employees, harmless from any claim, demand or action brought by any party whomsoever, including employees of Converse which claim, demand or action is based upon injury or damage caused or alleged to have been caused by hazardous wastes or hazardous materials whether or not such waste or materials were known to exist prior to the commencement of services.
Client agrees to be responsible for the removal and disposal of any hazardous waste uncovered as a result of the site investigation, including drill cuttings, unless specifically included within the scope of work
It is agreed that the discovery of unanticipated hazardous materials constitutes a changed condition mandating an immediate renegotiation of the scope of services or termination of services. Converse will at all times endeavor to perform in a faithful and trustworthy manner.
Client understands that Client or Converse may be required by local and/or state and/or federal statute to report the discovery of hazardous materials to a government agency. Client also understands that Converse may be required by local and/or state and/or federal statute to report the discovery of hazardous materials to a government agency, and that Converse, when practical, will do so only after notifying Client. In the event Converse discovers hazardous material that we believe poses an immediate threat to public health and safety, Converse will use its best judgment to notify appropriate emergency personnel for immediate containment. Client agrees to take no action of any kind against Converse when Converse makes a good-faith effort to fulfill its obligations.
Client's Responsibilities
Client shall immediately provide Converse with full information in writing as to Client's requirements for the services to be provided by Converse and shall designate in writing within five (5) days of the effective date of the agreement to which these General Conditions are a part, a representative to act on Client's behalf in conjunction with the services to be provided hereunder. Client shall promptly review all documents, reports, data and recommendations submitted by Converse and shall communicate with Converse concerning such reviews for the purpose of avoiding delay in the performance of the services to be rendered by Converse.
Client shall notify any third party who may perform on the Site of the standard of care being undertaken by Converse pursuant hereto and of the limitations of liability contained herein.
Client shall require as a condition to the performance of any such third party a like indemnity and limitation of liability on their part against Converse.
Confidentiality
Converse shall hold all information provided to it by Client and the results of the work performed by it confidential and shall not disclose the same to any third party except where required by Governmental regulatory agencies or as otherwise required by law.
Disputes
Converse shall have the right to bring a legal action in a state or federal court against Client for any sums due or alleged to be due to it or for services rendered. Except for this right, Converse and Client agree that as an express condition to the right of either party to bring a legal action against the other, they shall first submit any dispute to mediation by a neutral person acceptable to both parties.
Each party shall bear its own attorneys' fees, costs and other expenses, except that each party shall be responsible and pay for one-half of the costs and expenses of the mediator.
In the event that legal action is required, the prevailing party shall be entitled to recover all of its costs incurred in connection therewith including, without limitation, staff time, court costs, attorneys' fees, consultant and expert witness fees and any other related expenses. In this regard, in order to make the prevailing party whole, the parties acknowledge and agree that the prevailing party shall be entitled to recover all of its costs incurred in connection with the legal action and shall not be limited to “reasonable attorneys fees” as defined in any statute or rule of court.
The obligations, responsibilities, warranties and liabilities of the parties shall be solely those expressly set forth herein. Remedies and limitations of liability shall apply regardless of whether an action is brought in contract, or is based on either party’s negligence, or another theory of law. All of the rights, remedies, obligations, terms, conditions and limitations of liability stated herein shall extend collectively to and be binding upon the parties’ partners, joint ventures, licensors, successors, assigns, insurers, and affiliates. Client and Converse agree that any legal action with respect to the services to be performed under these General Conditions shall be brought against the parties, and not against individual officers, employees or former employees of the parties. All legal actions by either party against the other for breach of these General Conditions or for the failure to perform in accordance with the applicable standard of care, however framed, that are essentially based upon such breach or failure shall be barred two (2) years from the time claimant knew or should have known of its right to make a claim, but, in any event, not later than four (4) years from substantial completion of Converse’s services.
Jobsite Safety
Converse shall be responsible for its activity and that of its employees on the Site.
This shall not be construed to relieve the Client, its general contractor or any subcontractor of their obligation to maintain a safe jobsite.
Neither the professional activities nor the presence of Converse or its employees and subcontractors shall be understood to control the operations of others, nor shall it be construed to be an acceptance of the responsibility for jobsite safety.
Converse will not direct, supervise or lay out the work of the Client, contractor, or any subcontractors. Converse's services will not include a review or evaluation of the adequacy of the contractor's safety measures on or near the Site.
Schedules
Unless otherwise specified in the agreement, Converse shall be obligated to perform within a reasonable period of time. Converse shall not be responsible for delays in the completion of its services created by reason of any unforeseeable cause or causes beyond the control and/or without the fault or negligence of Converse, including but not restricted to acts of God or the public enemy, acts of the Government of the United States or of the several states, or any foreign country, or any of them acting in their sovereign capacity, acts of other contractors with Client, fire, floods, epidemics, riots, quarantine restrictions, strikes, civil insurrections, freight embargoes, and unusually severe weather.
Should completion of any portion of the services to be rendered by Converse be delayed beyond the estimated date of completion for any reason which is beyond the control of or without default or negligence of Converse, then and in that event Client and Converse shall mutually agree on the terms and conditions upon which the services may be continued or terminated.
Invoices
Converse shall submit monthly progress invoices to Client, and a final bill shall be submitted upon completion of the services. Within thirty (30) days after receipt of an invoice, Client shall pay the full amount of the invoice. If Client objects to all or any portion of any invoice, it shall so notify Converse of the same within fifteen (15) days from the date of receipt of said invoice and shall pay that portion of the invoice not in dispute, and the parties shall immediately make every effort to settle the disputed portion of the invoice.
If Client fails to make payment within thirty (30) days after receipt of an invoice, then Client shall pay an additional monthly service charge of one and one-half percent (1½ %) on all such amounts outstanding. The additional charge shall not apply to any disputed portion of any invoice resolved in favor of Client. In the event Client fails to pay any undisputed amount to Converse when due, Converse may immediately cease work until said payment together with a service charge at the rate of 1½ % per month, as specified above, from the due date has been received. Further, Converse may, at its sole option and discretion, refuse to perform any further work irrespective of payment from Client.
In the event that all or any portion of the 1½ % service charge provided for herein is deemed to be an interest charge, then and in that event said interest charge shall be limited to the maximum amount legally allowed by law.
Client acknowledges Converse’s fee schedules are revised annually and agrees that the fee schedule in effect at the time the services are performed shall apply to such services.
Insurance
Converse represents that it now carries, and will continue to carry during the term of the contract to which these General Conditions are a part, Workers Compensation insurance and that, if requested, Converse shall provide to Client certificates as evidence of the aforementioned insurance.
Assignments
Client shall not assign this contract or any portion thereof to any other person or entity without the express written consent of Converse. Nothing contained in this contract or any part thereof shall be construed to create a right in any third party whomsoever, and nothing herein shall inure to the benefit of any third party.
Severability
If any provision of these General Conditions is finally determined to be contrary to, prohibited by, or invalid under applicable laws or regulations, such provision will be renegotiated so as to give effect to the intent of the parties to the maximum possible extent. Such determination and renegotiation shall not affect of invalidate the remaining provisions or these General Conditions.
Governing Law
These General Conditions shall be governed by and construed under the laws of the State of California.
To: CITY OF NORCO Contact:
Project Name: River Drive Erosion Control Bid Number:
NORCO, CA 92860 Fax:
Address: 2870 CLARK AVE. Phone: (951) 735-3900
Project Location: Across Street From 666 River Drive Bid Date: 3/3/2023 Item # Item Description Estimated Quantity Unit Unit Price Total Price 1 Erosion Control - Place 18" Minus Rip Rap @ Eroded 1.00 LS $25,000.00 $25,000.00 Slope
1a. Additive Alternate - Rebuild / Cut Bench @ Eroded Slope 1.00 LS $4,800.00 $4,800.00 To Prep For Rip Rap Placement
Total Bid Price: $29,800.00
ACCEPTED:
The above prices, specifications and conditions are satisfactory and are hereby accepted.
Buyer:
Signature:
Date of Acceptance:
CONFIRMED:
Hardy & Harper, Inc.
Authorized Signature:
Estimator: Cody Gawryluk
(714) 444-1851 [email protected]
03/15/2023
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CONTRACT AGREEMENT
CITY OF NORCO
PROFESSIONAL SERVICES
GEOTECHNICAL INVESTIGATION
1. Parties and Date.
This Agreement is made and entered into this 15th day of March, 2023 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 Converse Consultants, a corporation with its principal place of business at 717 South Myrtle Avenue, Monrovia, CA 91016 (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 to perform a geotechnical investigation on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in conducting geotechnical investigations 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 geotechnical services for the River Drive Slope Erosion Project (“Project”) 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 geotechnical services outlined by the Project. The Project is more particularly described in Consultants proposal included in Exhibit A attached hereto and incorporated herein by reference. The
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Project 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.
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 Project. 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 Project shall be designed by Consultant. Consultant will determine the means, methods and details of constructing the Project 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 Project 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 Project 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 Project timeframe set forth herein. Consultant represents that it has the professional and technical personnel required to construct the Project in conformance with such conditions.
In order to facilitate Consultant’s conformance with the Project 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 Project 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 Douglas S Santo – Principal or his designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s
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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 Project, 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 Project under this Agreement.
3.2.6 Coordination of Project. Consultant agrees to work closely with City staff in the design of the Project 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 Project 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 Project. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to design the Project. 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 Project, 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 Project, a threat to the safety of persons or property, or any employee who fails or refuses to construct the Project in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any work on the Project.
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 Project, 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 Project. 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
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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 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 Project 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 Project 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,
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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 more broad, Consultant shall specifically be aware of their application 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
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$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.
(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
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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.
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
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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 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 Project, 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 A for each design Project, attached hereto and incorporated herein by reference. The total compensation, including
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authorized reimbursements, shall not exceed the total costs outline in Exhibit A. 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.
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 Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City’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 Project 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
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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 Project, 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.
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 Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than these Project 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 Project, 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
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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:
Consultant:
Converse Consultants
717 South Myrtle Avenue
Monrovia, CA 91016
Attention: Douglas S Santo - Principal
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
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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.
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 Project.
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
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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.
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.
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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: Converse Consultants
*By:
________________________________
Douglas S Santo - Principal
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST BE NOTARIZED.
Attach Certificate of Notary Acknowledgement
OWNER: CITY OF NORCO, a municipal corporation
*By:
_________________________________
Robin Grundmeyer, Mayor
ATTEST:
_________________________________
Diane Germain, CMC, Deputy City Clerk
APPROVED AS TO FORM:
__________________________________
Harper & Burns, LLC
City Attorney
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EXHIBIT A
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 Project:
RIVER DRIVE SLOPE EROSION PROJECT
The general items of work to be done hereunder consist of:
Provide a geotechnical investigation to evaluate slope distress to a modified natural slope north of the property at 666 River Drive in Norco, California.
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 Project, 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 Project for or on behalf of the City of Norco; or (b) products sold by the Named Insured to the City of Norco for use on the Project; 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
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(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.
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: March 15, 2023 Agenda Item:
2.J.
To: Honorable Mayor and City Council Members
Prepared By: Chad Blais, Public Works Director
Department: Public Works
SUBJECT:
Consider cost proposal from Raftelis to conduct Water and Sewer Operational Assessment for the City of Norco.
RECOMMENDATION:
Accept the proposal from Raftelis in the amount of $49,995 to conduct a Water and Sewer Operational Assessment for the City of Norco, and authorize the City Manager to issue a purchase order, including up to 10% contingency.
SUMMARY:
The City of Norco is seeking a third-party analysis of the City's water and sewer operations to determine the overall efficiency of the department and ensure that it is functioning at an optimal level, resources are being allocated effectively, and general expenditures for staffing, maintenance and capital improvement projects have sufficient financial support to meet actual needs. Raftelis has provided the City will a proposal to compete the assessment and staff is seeking Council approval to move forward.
BACKGROUND:
Staff recently made a request to City Council to accept a proposal to conduct Water, Sewer, and Recycled Water Rate Study. After some discussion on the topic, City Council elected to defer on the rate study until staff could hire a consultant to conduction an assessment of the water and sewer operations to ensure that the overall efficiency of the department is functioning at an optimal level, resources are being allocated effectively, and general expenditures for staffing, maintenance and capital improvement projects have sufficient financial support to meet actual needs.
Staff conducted some outreach to adjacent local agencies and determined the City of Corona had conducted a similar operation assessment of their water and power operation and received a final report from Raftelis in May 2021. The Director of Water and Sewer at Corona felt the internal analysis was comprehensive and provided some inciteful thirdparty observations and recommendations for staff and City Council to consider. While
only some of the recommendations were actually implemented thus far, the remaining recommendations are being used as benchmarks for future discussions.
Based on the positive experience for the City of Corona, staff reached out to Raftelis to request a proposal to conduct an operational assessment for the City of Norco's water and sewer operations (see Raftelis proposal). After reviewing the scope of work offered by Raftelis which is expect to take about four months to complete, staff is recommending the City Council accept the proposal and award a professional services contract to Raftelis to conduct a Water and Sewer Operational Assessment; and authorize the City Manager to issue a purchase order in an amount not to exceed $49,995.
FISCAL IMPACT:
The water and sewer operations funds will equally fund the cost for the operational assessment under contractual services (124-804-34100 and 126-809-34100). There are sufficient funds available in the current FY 2023-2024 Operating Water and Sewer Budgets.
RELATIONSHIP TO STRATEGIC PLAN:
Completion of a Water and Sewer Operational Assessment is consistent with Strategic Direction #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):
Proposal
Contract
City of Norco
Water and Sewer Operational Assessment
PROPOSAL / February 27, 2023
Table of
Contents
01 Transmittal Cover Letter
02 Who We Are
05 Project Plan
10 Personnel
17 Project Schedule
18 List of Representative Projects
21 Cost Proposal
Diversity and
inclusion are an
integral part of
Raftelis’ core
values.
We are committed to doing our part
to fight prejudice, racism, and
discrimination by becoming more
informed, disengaging with business
partners that do not share this
commitment, and encouraging our
employees to use their skills to work
toward a more just society that has
no barriers to opportunity.
Making our
world better.
The Raftelis Charitable Gift Fund
allocates profits, encourages employee
contributions, and recognizes time to
charitable organizations that support:
1. Access to clean water and
conservation
2. Affordability
3. Science, technology, and
leadership
Raftelis is investing in improved
telecommunication technologies to
reduce the firm’s number one source of
carbon emissions—travel.
Making our world better
The Raftelis Charitable Gift Fund allocates
profits, encourages employee contributions,
and recognizes time to charitable
organizations that support:
• Access to clean water and
conservation
• Affordability
• Science, technology, and leadership
Raftelis is investing in improved
telecommunication technologies to reduce
the firm’s number one source of carbon
emissions—travel.
Diversity and inclusion
are an integral part of
Raftelis’ core values.
We are committed to doing our part to fight
prejudice, racism, and discrimination by
becoming more informed, disengaging with
business partners that do not share this
commitment, and encouraging our
employees to use their skills to work toward
a more just society that has no barriers to
opportunity.
RAFTELIS 1
19 Garfield Place, Suite 500, Cincinnati, OH 45202
www.raftelis.com
February 27, 2023
Mr. Chad Blais
Director of Public Works
City of Norco
2870 Clark Avenue
Norco, CA 92860
Subject: Proposal for Water and Sewer Operational Assessment Dear Mr. Statham:
We know your community expects high levels of service, value, and efficiency from its utilities. Helping public utilities and local governments maximize resources to meet expectations is what we do at Raftelis. We have the nation’s largest and most experienced consulting practices focused on public utility and local government management, operations, and financial consulting. We provide exceptional services to assist public organizations to meet performance objectives. We believe Raftelis will be a great match for your needs.
Raftelis has served as a trusted advisor to more than 1,200 public utilities across the U.S. and several hundred in California. We have a thorough understanding of water, wastewater, reclaimed water, and electric utility operations, as well as organizational improvement methods required to help achieve operational and strategic objectives. Our project framework encourages collaboration and continuous improvement.
Raftelis was established in 1993 to provide financial and management consulting services of the highest quality to local governments and utilities. The Raftelis brand strengthened with the 2020 acquisition of The Novak Consulting Group (TNCG), which deepens our management consulting expertise specific to local governments. Our mission is to strengthen organizations, for those they serve and those who work in them. Our core project team has extensive experience performing organizational, operational, and financial assessments as consultants, and also as employees of public organizations.
We are proud of the resources that we can offer and welcome the opportunity to assist the City in this engagement. If you have any questions, please do not hesitate to contact our Organizational Assessment Practice Lead using the following contact information. She is authorized to represent the firm.
Michelle Ferguson, Vice President – Organizational Assessment Phone: 828.777.6588 / Email: [email protected]
Sincerely,
Julia Novak
Executive Vice President
RAFTELIS 2
Who We Are
RAFTELIS AND THE NOVAK CONSULTING GROUP,
HELPING LOCAL GOVERNMENTS AND UTILITIES THRIVE
Local government and utility leaders partner with Raftelis to transform their organizations by enhancing performance, planning for the future, identifying top talent, improving their financial condition, and telling their story. We’ve helped more than 600 organizations in the last year alone. We provide trusted advice, and our experts include former municipal and utility leaders with decades of hands-on experience running successful organizations.
People who lead local governments and utilities are innovators—constantly seeking ways to provide better service to the communities that rely on them. Raftelis provides management consulting expertise and insights that help bring about the change that our clients seek.
TNCG is Now Raftelis
The Novak Consulting Group (TNCG) and Raftelis have always shared a focus on delivering lasting solutions for local government agencies. In January 2020, TNCG joined Raftelis. Today, we provide our clients with wideranging capabilities and resources in financial, management, technology, and communications consulting for all areas of local government. Our clients now have the expertise of more than 140 of the country’s leading local government and utility consultants, who have decades of experience. We know that our combined capabilities and resources will provide added value to our clients, and we’re excited about what we can accomplish together.
We believe that Raftelis is the right fit for this project. We provide several key factors that will benefit *client and help to make this project a success.
RESOURCES & EXPERTISE: This project will require the resources necessary to effectively staff the project and the skillsets to complete all of the required components. With more than 140 consultants, Raftelis has one of the largest local government management and financial consulting practices in the nation. Our depth of resources will allow us to provide *client with the technical expertise necessary to meet your objectives. In addition to having many of the industry’s leading management and financial consultants, we also have experts in key related areas, like stakeholder engagement and data analytics, to provide additional insights as needed.
DECADES OF COLLECTIVE EXPERIENCE: Our associates and subject matter experts have decades of experience in strengthening local municipalities and nonprofit organizations. They’ve served in a wide range of positions, from city manager to public works director to police chief.
PERSONAL SERVICE FROM SENIOR-LEVEL CONSULTANTS: You appreciate it when deadlines are met, phone calls are returned, and your challenges are given in-depth, out-of-the-box thinking. While other firms may assign your business to junior-level people, our approach provides exceptional service from senior-level consultants.
NICHE EXPERTISE: Our expertise lies in strengthening public-sector organizations. We’re consulting specialists rather than generalists, focusing our strengths to do a highly effective job for a specific group of clients.
RAFTELIS 3
OUR TEAM INCLUDES
140+ consultants focused on
finance/management/communication/
technology for local governments and utilities
30 How we stack up years
serving local
governments
and utilities
1,000+ projects
for
in the past year alone, we worked on
600+ agencies
in 46 states
RAFTELIS HAS PROVIDED ASSISTANCE FOR
1,500+local governments
and utilities
25%of the
U.S. population
that serve more than
38of the nation’s
50 largest cities
including the agencies serving
RAFTELIS 4
Raftelis staff shape industry standards
for water and wastewater utility finance
and management through our active
leadership in AMWA, AWWA, WEF,
NACWA, and EPA. Leadership positions
for these organizations include:
AWWA
• Past President
• Asset Management Committee - 2 members
• Benchmarking Committee - Vice Chair
• Finance, Accounting, and Management Controls
Committee - 4 members
• Rates and Charges Committee - 6 members
• Strategic Management Practices Committee – Chair & 3
Past Chairs
• Public Affairs Council - 2 member
WEF
• Finance and Administration Subcommittee - Chair
• Government Affairs Committee - 1 member
• Technical Practices Committee - 1 member
• Utility Management Committee - 7 members
• WEFTEC Conference Planning Committee - 1 member
EPA
• Environment Financial Advisory Board - 1 member
Leading
the industry
Raftelis staff have co-authored many of
the industry’s leading guidebooks
regarding water and wastewater financial
and management issues, including:
• Manual M5, Water Utility Management (AWWA)
• AWWA Utility Benchmarking: Performance
Management for Water and Wastewater
• The Effective Water Professional (WEF)
• Affordability of Wastewater Service (WEF)
• Manual of Practice No. 27, Financing and Charges for
Wastewater Systems (WEF)
• Manual M1, Principles of Water Rates, Fees and
Charges (AWWA)
• Water and Wastewater Finance and Pricing: The
Changing Landscape
• Water and Wastewater Rate Survey (conducted and
published in collaboration with AWWA)
• INSIGHT database and survey (conducted in
collaboration with AMWA)
• Water Rates, Fees, and the Legal Environment (AWWA)
We wrote
the book
RAFTELIS 5
Project Plan
The City of Norco is seeking a professional consultant to assist with an operational review of the water and sewer operations of the Department of Public Works. The goal of this engagement is to identify opportunities for improved efficiency and effectiveness of operations, staffing, structure, technology, processes, and policies.
Our team has extensive experience working with utilities in California and across the country. Our focus is on providing solutions that work within the available resources and culture of the organizations we assist. The most innovative solutions in the world are valueless if they cannot be implemented or will not be accepted by the community. We pride ourselves on our ability to listen, analyze, and work with our clients to find not just a random selection of best practices taken from a manual, but real solutions that can be implemented effectively. We are pleased that our prior engagements have resulted in corresponding actions by our clients to implement the recommendations that we have jointly developed.
One of our strengths is the ability to build on existing capabilities and resources and to help organizations see things from a different perspective. We do this by listening to our clients and really understanding what they have to say.
We do not operate with a pre-packaged set of recommendations, and we diligently work to avoid trying to fit our clients into a standard mold.
We recognize that there will always be competing interests between the levels of service and their costs. Defining “good enough” is a significant challenge that is aided by knowing that the work is both necessary and delivered as efficiently as possible. As resources diminish, we often find that organizations become increasingly reactive at a significant cost both to current and future operations. Maintaining planned, proactive approaches consistently generates a better, more cost-effective result, particularly when evaluated over time.
Every organization develops traditions, practices, and routines. To a certain extent, these provide stability and consistency. It is essential that these are subject to regular review and analysis to ensure that they continue to represent best practices that meet the needs of the community. Our staff has substantial experience in developing performance measurement systems so that communities and departments can track progress over time. We have helped our clients create benchmarks that establish a baseline for performance and objectives for the future.
We are excited about the opportunity to assist the City proactively plan and prepare for the future. We understand the importance of respecting the staff who are in place to serve the public. We assume good intent and will work with the City to collaboratively develop recommendations for improvement. Without this, implementation of recommendations and lasting improvements are not typically successful. We believe this intentional approach, coupled with our extensive expertise in all facets of public operations, makes us uniquely qualified to assist the City on this project within the timeframe requested.
To complete this work, our team will apply a project approach, focusing on these specific objectives using our “Six R” approach. This involves soliciting and collecting information on City Responsibilities, Resources, Requirements, and Results in order to identify possible organizational and operational Revisions with an associated Roadmap to implement positive change. This approach is depicted in the following graphic.
RAFTELIS 6
Responsibilities – What drives the need for your services? It might be the organization’s vision or mission, Federal, State, or local ordinance, or community service standards or expectations. We review these drivers to better understand service level constraints and opportunities for change.
Resources – What assets are available to achieve your responsibilities? These may include time, human resources, staffing, management capacity, financial position, contractual services, technology, and equipment and facilities.
We assess the adequacy of these resources based on the service level expectations.
Requirements – What direction is provided to staff? The method by which staff approach service delivery is often guided by laws, codes, policies and procedures, or informal mechanisms like past practices or on-the-job training.
These sources provided staff with direction on how they approach tasks and complete their work. We review these business processes to determine opportunities for improvement.
Results – What are the outcomes of your services? Our approach connects your responsibilities, resources, and requirements with the outcomes expected of your services. We assess measures of efficiency and effectiveness to assist in data-driven decision-making.
Recommendations – Are there opportunities for improvement? Based on our qualitative and quantitative analysis of your programs and services, we develop recommendations for improving organizational performance. These changes can range from high-level considerations (i.e., should we be in this business) to strategic issues (i.e., should we consider alternative service sources) to tactical issues (i.e., how can we improve the productivity, efficiency, and effectiveness of the activity or service).
Roadmap – How do we get there? We develop a plan that will guide the organization through the implementation of the recommendations for improvement. The Roadmap offers the recommended priority order of implementation, suggestions for phasing, and key milestones for success. The Roadmap also serves as a valuable tool for the organization as well as the community to promote accountability and communicate progress toward implementation.
RAFTELIS 7
THE FOLLOWING DETAILS THE PROPOSED
WORK PLAN.
Task 1: Project Administration and
Kick Off
Raftelis will hold a virtual kick-off meeting with City-designated staff to review the objectives of the project and schedule and to start developing a comprehensive understanding of the Public Works Department and water and sewer operations.
The kick-off meeting will be followed by a data gathering effort. We will provide a detailed data request and access to a shared electronic drive for the City to upload background information for both phases of the work including, but not limited to:
• Organizational charts (City overall and each utility if available)
• City and/or utility strategic plans
• Department/Utilities’ budgets for the past three years • An annual City financial report for the past three years • A complete set of Department job descriptions
• A list of appropriate peer utilities/entities for comparison We will review and analyze these materials to provide context for the work to come.
Task 1 will also include standard, ongoing communications and quality assurance activities to ensure the project achieves the City’s stated objectives on schedule and within budget. This includes monthly progress reports with a narrative discussion of all activities in progress and services anticipated to be performed during the next month.
TASK 1 DELIVERABLES
• Agenda and materials for project kick-off meeting
• Detailed data request and shared drive
Task 2: Organizational Assessment
The first phase of the work will focus on the organizational assessment to ensure the City’s water and sewer operations have the appropriate staffing and structure to achieve its goals now and for the next five years.
In order to prepare such a plan, it is critical to fully understand operations and initiatives so that current and future workload, and staffing, can be determined. Our project team is comprised of
WHY CHOOSE
RAFTELIS OVER A
DEDICATED HR OR
MANAGEMENT
CONSULTING
GENERALIST FIRM?
No one understands how utilities
operate better than Raftelis.
Having worked with hundreds of
utilities, private and public, in
California and over 1,200
nationwide, Raftelis understands
the best practices for staffing and
organizing utilities. We can offer
defensible guidance on how best
to perform all key utility functions,
including the appropriate staffing,
technology, and processes to
support them.
Our team covers the gamut of
resources needed to understand
Coachella’s utilities, from human
resources data to technology and
operations subject matter experts.
With decades of experience
working at utilities and developing
the guidance that the utility
industry depends on under our
belts, no one understands utilities
like Raftelis.
RAFTELIS 8
experts in utility operations and management with the knowledge of human resources to prepare an accurate and comprehensive understanding.
After the kick-off meeting, Raftelis will spend up to three days performing onsite and virtual data gathering, as appropriate, including interviews with key staff, site tours, and data discussions to understand utility practices. Note that while we prefer to be onsite for the majority of data gathering activities, we are also fully capable and extremely comfortable conducting many of the project data gathering activities remotely, as we have done on projects across the U.S. We have used a hybrid approach on many projects with web-based meetings and some on-site activities, such as facility tours and interviews with operations staff. This helps manage the project schedule and allows us to meet with staff when it aligns with their schedules.
Using the kick-off meeting and data gathered in Task 1 as a foundation, Raftelis will interview all managers, supervisors, and key staff in Public Works to gain a thorough understanding of activities. In addition, we will hold small group interviews with designees at all levels of the Department to ensure a more detailed understanding of daily operations and staff perceptions of staffing levels, workload and workload drivers, inter-relationships between workgroups, and potential ways to increase efficiency and effectiveness. Our team will identify themes from these interviews for follow-up research and analysis.
Based on data review and interview themes, our team will next evaluate the utilities’ organizational structure and staffing, including an understanding of workgroup functions, program areas, and workload drivers. We will compare current structure and staffing to industry best practices and recommend options to capitalize on potential efficiencies to meet current and future regulatory and strategic goals. Raftelis will likely request additional follow-up data as we delve into the organization and structure.
Raftelis will evaluate and compare desired level of service with staffing levels and identify areas in which the City can streamline resources to maximize efficiency as well as identify areas where it may consider additional resources to achieve stated levels of service and address workloads. Raftelis will benchmark Norco’s utility organizational and staffing elements with both peer and national benchmarks for available data. Benchmarking and best practice information from industry-leading organizations1 will be utilized, including the Ten Attributes of Effectively Managed Water Sector Utilities, as presented in the Effective Utility Management (EUM) framework. The EUM framework is a set of
organizational, operational, and management guidelines for utilities universally endorsed by major industry associations.
Based upon this analysis, our team will create a current and recommended organizational structure that shows the positions and staffing required to accomplish the current and planned work and strategic goals of the City over the next five years, including specifics related to the type and number of staff positions necessary. We will also identify how to transition the current structure to the new structure over the next several years while minimizing disruptions and taking advantage of factors like attrition. 1 AMWA, APWA, AWWA, NACWA, NAWC, WEF, and the US Environmental Protection Agency, June 2008 EUM’s Ten Attributes of
Effectively Managed Water Sector Utilities
RAFTELIS 9
TASK 2 DELIVERABLES
• Up to three days of combined onsite and virtual data gathering, including interviews with staff • Benchmarking with regional and industry peers (typically, three to five peers) Task 3: Operational Efficiency Review
Raftelis is an industry thought leader in driving organizational and operational efficiency within utilities. Our project team understands the regulatory and resource challenges municipal utilities face, and we have the operational and tactical expertise to help utilities achieve their operational performance and strategic goals.
Using our industry expertise, our team will thoroughly review operation of the City’s water and sewer functions. We will provide the City with a clear understanding of current performance and recommendations for enhancing it that are backed by industry benchmarks. We will formulate recommendations that consider the utilities’ current resources with a goal to leverage existing resources to the maximum extent.
We will collaborate with the City to evaluate and recommend enhancements to the utilities’ use and application of major utility software systems, such as Computerized Maintenance Management Systems (CMMS), and ensure that our review considers and incorporates industry standards and best practices for use of these types of systems. Our review of software systems will not stop at the operational application, it will reach into the cultural acceptance and use of preventative, predictive, and corrective maintenance programs. Modern utilities rely on both people and data to maintain systems, and our team has the specialized experience to ensure the utilities’ people and data work together to achieve efficiency, while simultaneously achieving desired service levels and strategic objectives.
Our team will perform a review of customer service processes and practices. Rates for water, wastewater, reclaimed water, and electricity continue to rise, and ensuring customers understand and see the value in the rates they pay is paramount to utility success. The processes and practices that govern a utility’s customer experience must be efficient, effective, and provide value for customers. Our project team has deep expertise in evaluating the utility customer experience and will bring a wealth of industry knowledge to bear as we work with the City to ensure customer service functions achieve their desired impact.
Having completed interviews, data review, benchmarking, operational efficiency, and staffing level analysis, Raftelis will present its preliminary observations and recommendations to the City for review and discussion. Appropriate follow-up and revision will occur based upon the City’s feedback.
TASK 3 DELIVERABLES
• Preliminary observations and recommendations presentation (virtual) Task 4: Final Report and Presentation
Once recommendations have been finalized, Raftelis will prepare a draft report which includes our methodology, steps taken, analysis, findings, and recommendations for improvement, including staffing level projections.
Raftelis will solicit feedback on the draft report. We will ask that the City provide one set of consolidated comments and edits within 25 business days of the draft being issued. Raftelis is also available for a web meeting or conference call to review the draft document and answer any questions.
RAFTELIS 10
Once the City’s feedback is received, Raftelis will produce a final deliverable document. Raftelis will provide the final report within 30 days of receiving consolidated comments and after any web meetings and conference calls. Our team will be available to make a presentation of the report to staff, City management, or policymakers.
TASK 4 DELIVERABLES
• Draft report for review and comment
• Final report
• One report presentation
Personnel
WE HAVE DEVELOPED A TEAM OF CONSULTANTS WHO SPECIALIZE
IN THE SPECIFIC ELEMENTS THAT WILL BE CRITICAL TO THE
SUCCESS OF THE PROJECT.
Our project team is made up of senior-level consultants with direct utility and local government experience. We place a high priority on being responsive to our clients and, as we determine scope and staffing for each project, we carefully consider our workload and the availability of resources to meet client needs and project schedules.
An organizational chart of our project team is as follows, and resumes for each team member are on the following pages.
CITY OF
COACHELLA
PROJECT DIRECTOR
Scott Parker
STAFF CONSULTANT
Colin Stifler
PROJECT MANAGER
Brian Kirsch, PhD
RAFTELIS 11
J. Scott Parker
PROJECT DIRECTOR
Senior Manager
PROFILE
Scott has over 20 years of experience in local government, utility management, and private consulting. Prior to joining Raftelis, he served as the Asset Manager for KC Water in Kansas City, Missouri. Before KC Water, he served as the Assistant Director for Public Works in both Olathe and Lenexa, Kansas, where he led the finance, data management, solid waste, field operations (streets, utilities, traffic), and communications divisions, and managed multiple Police, Parks, and Fire Department capital projects. He also has private consultant experience providing capital planning, financial analysis, data system, asset management, and interimexecutive services to Ft. Smith, Arkansas; Jackson, Mississippi; and Kansas City, Kansas, all of whom had signed Federal Consent Decrees with the Environmental Protection Agency (EPA).
Scott’s wide range of experience has given him extensive leadership and technical expertise in the fields of asset management, information technology, general management, and operations in multiple domains.
This has allowed him to design, develop, and implement asset management programs in three (3) communities based on capital optimization strategies and asset management best practices as defined in ISO 55000 and 55001 and ISO 31000 standards and other industry criteria. As an Asset Management practitioner, Scott has used his understanding of the field to design teams that combine the best theoretical concepts of asset management with the opportunities and cultural circumstances specific to the organizations for which he has worked. He has demonstrable experience working with multiple data technologies and systems in the asset management and utility space, including multiple Computer Maintenance Management System (CMMS) platforms; ESRI Geospatial Products; Autodesk GeoBIM; Innovyze hydraulic modeling and asset management software; and various Closed Circuit Television technologies utilized for Sanitary and Stormwater Assessments which utilize NASSCO Pipeline Assessment Certification Program (PACP) standards. In Kansas City, he developed the organization’s first data management strategic plan as well as its Business Case Evaluation criteria for information technology purchases, which led to both optimization of existing systems and reductions in the cost for new tools utilized in the department.
Scott has developed business risk exposure (Consequence and Likelihood of Failure) models utilized for investment decisions across multiple asset classes, including streets, water, sewer, and stormwater. In Kansas City, he helped reconceptualize and reformulate the criteria for the utility’s Annual Sewer Rehabilitation and Water Main Specialties
• Asset Management for utilities and local
governments
• Capital Planning, Budgeting, and
Implementation
• Data Strategic Planning, Management
and Governance
• Business Risk Exposure (BRE) and
Decision Support System (DSS)
methodologies for infrastructure
• Data Analytics and Business
Intelligence standards
• Business Process Modeling
• Performance Management
(measurement, dashboarding, etc.)
• Organizational Design and Capacity
Building
• Utility Governance
Professional History
• Raftelis: Senior Manager (2022)
• KC Water: Utility Officer – Asset
Manager (2018-2022)
• Burns and McDonnell: Engineering
Manager (2015-2018)
• City of Olathe, KS: Assistant Director of
Public Works (2011-2015)
• City of Lenexa, KS: Assistant Director of
Public Works/Assistant to the City
Manager (2006-2011)
• Budget and Finance Analyst, City of
Kansas City, Missouri (2003-2006)
• L.P. Cookingham Management Fellow,
City of Kansas City, Missouri (2002)
Education
• Master of Public Administration –
University of Missouri (2004)
• Master of Arts, History – University of
Arkansas-Fayetteville (2000)
• Bachelor of Arts in History - Graceland
University (1997)
Professional Memberships
• Institute of Asset Management
• Water Environment Federation
• American Water Works Association
• Water Research Foundation
RAFTELIS 12
Replacement Programs (total value $65m/year) to a truly risk-based model from a break and fix model. He also led multiple cross-functional teams in the development of software applications and dashboards, including one that integrated as-built project information from city staff, consultants, and contractors working on the Consent Decree (40+ projects; 80+ discrete users; 35,000 work orders; projects valued over $100 million) at no extra cost to the utility.
Scott has led the development of multi billion-dollar capital improvement plans in communities throughout the country as both an employee and consultant. He has extensive experience with all elements of utility capital planning, financing, and project delivery, particularly all fiduciary components related to enterprise funds (Water, Wastewater, Stormwater, Solid Waste); rate structure analysis and recommendations to governing bodies; bond sales and refinancing; long-term debt outlooks; and allocations of revenue and expense. At KC Water, he developed an alternative capital plan that was utilized for the Consent Decree renegotiations with the EPA and reduced the city’s commitment by $1.3 billion over the original program, while assuring more time to meet the tenants of the decree. He also created the Business Case Evaluation model for capital improvement projects, which has been recognized by the WEF Water Intraprenuers for Successful Enterprises (WISE) program of industry leaders. He managed the successful selection (valued at $100 million) of State Revolving Funds (SRF) for the $160 million Blue River Treatment Plant Solids Handling project.
Scott has been a frequent presenter at multiple national and regional conferences on topics including general asset management, data management, and the application of asset management principles in specific operational and administrative environments. He has written or been featured in several articles focused on business process modeling, asset management, and water management and acts as a co-lead on the Water Environment Federation’s WISE Data, Technology and Innovation team. He co-authored the white paper for WISE on the criteria and approach to Business Case Evaluations in capital planning.
PUBLICATIONS
“The Power of Business Process Modeling: Planning and Delivering Capital Improvements in Missouri” by Scott Parker and Daniel Ott, Water Environment and Technology (WE&T), September 2022. “Asset Management Opens the Door to Wastewater Treatment Improvement,” by Scott Parker and Brent Herring, September 2019.
Reinventing Water Management,” North America Outlook, Issue 1 (December 2020): 12-17.
NATIONAL AND REGIONAL PRESENTATIONS
2022 WEF Collections Systems Conference, Presenter
2022 AWWA/WEF Utility Manager’s Conference, Presenter
2020 AWWA/WEF Utility Managers Conference, Presenter
2020 Kansas Asset Management User Group (KAMUG) Conference, Presenter 2019 Mid-America Regional Council Urban Stormwater Conference, Presenter 2015 American Water Works Association Utility Management Conference, Presenter 2015 Transforming Local Government (TLG) Conference, Presenter 2013 American Water Works Association 2013 Sustainable Water Management Conference, Presenter
RAFTELIS 13
Brian Kirsch PhD
PROJECT MANAGER
Senior Consultant
PROFILE
Brian has a background in water resources management and possesses extensive analytical skills. His expertise lies in the areas of systems analysis and economic modeling. He has performed significant research in the field of water resources in which he has utilized aspects of engineering, policy analysis, risk management, economics, and market analysis.
KEY PROJECT EXPERIENCE
City of Oceanside (CA)
The City of Oceanside (City) requested that Raftelis conduct an organizational assessment of their water and wastewater utility. Brian is assisting in this effort by conducting interviews with staff and conducting a benchmarking exercise with the City’s peers.
Montecito Water District (CA)
The Montecito Water District (District) asked Raftelis to conduct a salary benchmarking study in order to remain competitive in the recruitment and retention of staff. Brian served as the Lead Analyst, collecting and analyzing data from peer utilities, and state and national survey data. Based upon this analysis, Brian made recommendations for salary adjustments in several job positions.
City of Corona (CA)
As part of an Operational Assessment of the City of Corona’s (City) water and wastewater utilities, Brian conducted an on-site facilities review and interviewed staff. The review showed that facilities were well-maintained, but interviews with staff indicated the potential for improvement in areas of maintenance and wastewater operations, as well as capital project delivery.
Southern California Edison (CA)
Southern California Edison (SCE) is primarily an electric utility, but they also own and operate a small water utility that serves Catalina Island. While most customers are located in the City of Avalon, SCE serves customers spread throughout the island. The water utility is beset with a limited rate base, aging infrastructure with difficult accessibility, scarcity of water supplies, high operating costs due to its island location, and a stringent regulatory environment. Raftelis conducted an Operational Assessment for them, which involved extensive staff interviews, document reviews, and an on-site assessment of their facilities. Brian was part of the team that made recommendations for improved asset management, capital project review and delivery, and dedicated resources within the larger SCE organization. In a follow-on project, Raftelis was asked to produce a memo in support of the water utility’s general rate case. Brian analyzed a variety of alternative funding mechanisms that the water utility could use as revenue generation mechanisms.
Incline Village General Improvement District (NV)
The Incline Village General Improvement District (IVGID) provides water, wastewater, and recreational services to an area in the Lake Tahoe region. The IVGID is anticipating significant capital costs due to aging infrastructure and has Specialties
• Rate studies
• Financial planning
• Risk management
• Economic analysis
• Water resources management
• Data analysis
Professional History
• Raftelis: Senior Consultant (2018-
present); Consultant (2014-2017)
• Colorado School of Mines:
Postdoctoral Research Fellow
(2011-2014)
• University of North Carolina -
Chapel Hill: Research Assistant
(2001-2010)
Education
• Master of Science & Doctorate -
University of North Carolina at
Chapel Hill (2004 & 2010,
respectively)
• Bachelor of Science in Chemical
Engineering & Bachelor of Arts in
Environmental Engineering - Rice
University (2001)
RAFTELIS 14
experienced sizable staff turnover recently. Brian is part of the team that will be conducting an Operational Review of the water and wastewater components of the IVGID and will be conducting staff interviews and performing an on-site evaluation. In particular, this study is intended to provide IVGID with recommendations to improve their asset management.
American Water Works Association
At the onset of the Covid-19 pandemic, the American Water Works Association (AWWA) was concerned with the potential financial impacts that the shutdowns may have on the water industry. Brian was part of a team at Raftelis that made estimates of potential impacts through changes in usage, construction, and delayed capital projects. The analysis and report were turned around to AWWA in less than two weeks.
City of Dayton (OH)
The City of Dayton (City) is receiving pressure from wholesale customers as to their overall headcount and rates. Raftelis has been asked to conduct an Operational Assessment that is expected to address the efficiency of their operations and their staffing. Brian assisted in this initial effort. In a second phase, Brian is helping to conduct a workforce assessment for one of the water utility’s divisions that will help the division most efficiently deploy their workforce assets.
Anchorage Water and Wastewater Utility (AK)
The Anchorage Water and Wastewater Utility (AWWU) operates in a challenging environment. It has asked Raftelis to conduct an Organizational Structure Review. AWWU is unique, among other reasons, for the number of services they provide in-house, as opposed to outsourcing. Comparisons to other utilities are difficult without placing their operations in context. Brian is leading the effort to conduct benchmarking on the process level, in order to better contextualize AWWU’s operations.
National Association of Clean Water Agencies
In anticipation of the 50th anniversaries of the National Association of Clean Water Agencies (NACWA) and the Clean Water Act, Raftelis was asked to produce a deliverable to serve as the definitive record of success of NACWA and the Clean Water Act. As part of this effort, Brian is researching, collecting, and organizing environmental, economic, and social data related to clean water in the United Sates in order to present a narrative supported by quantitative information.
Metro Water Recovery (CO)
Metro Water Recovery (Metro) is the wastewater treatment authority for much of metropolitan Denver. Metro conducts an annual operations and budget review in which external consultants are brought in to examine operating metrics, hear presentations on aspects of Metro’s operations, and question senior leadership as to Metro’s recent performance. Brian is one of the consultants that conducts this review and produces a report detailing our findings.
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Colin Stifler
STAFF CONSULTANT
Consultant
PROFILE
Colin brings diverse experiences in local government and management consulting to his projects and client relationships. He has participated in numerous organizational assessments and strategic planning initiatives for municipalities, counties, and public utilities across the United States. These engagements have involved individual department assessments and process improvement analyses, as well as organization-wide reviews spanning multiple departments. Colin is familiar with processing large datasets and assisted Lower Paxton Township, Pennsylvania, with developing a financial model to forecast future revenues and expenditures. He also leverages his experience to explore unique challenges facing clients, such as helping the City of Wilmington, North Carolina, assess the feasibility of automating its solid waste collections.
Colin began his consulting career following six years of education, non-profit, and local government experience. Most recently, he worked for Wake County, North Carolina’s Community Services Department, where he analyzed and helped implement policies spanning five County divisions and over 700 employees. Notable projects included creating an operational framework for an innovative environmental education facility, as well as identifying performance measures and supporting metrics for the County’s library book selectors.
Prior to Wake County, Colin worked with the North Carolina Department of Environmental Quality, where he specialized in local government solid waste and recycling issues. After helping dozens of counties and municipalities navigate contract disputes, Colin created an ideal contract template for local governments to use when outsourcing the collection and processing of recyclable materials. In his role with Fidelity Charitable, he coordinated multimillion dollar donations for prominent philanthropists. He began his career as an English teacher in South Korea and China.
Colin earned a bachelor’s degree in philosophy from Miami University (Ohio) and a master’s degree in public administration from the University of North Carolina at Chapel Hill.
Specialties
• Organizational assessment
• Survey and data analysis
• Best practice and benchmarking
research
• Program design and implementation
• Contracting and oversight
Professional History
• Raftelis: Consultant (2021-present);
• Wake County, North Carolina:
Assistant to the Community
Services Director (2021)
• North Carolina Dept. of
Environmental Quality: Research
Analyst (2020-2021)
• Fidelity Charitable: Senior Specialist
(2017-2019)
• Gannan Normal University (China):
Adjunct Professor (2015-2016)
• South Korean Ministry of Education:
English Program Coordinator (2014-
2015)
Education
• Master of Public Administration -
University of North Carolina (2021)
• Bachelor of Arts in Philosophy -
Miami University (2014)
Professional Memberships
• Engaging Local Government
Leaders (ELGL)
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Sample Deliverables
DESIGNED AND DEVELOPED BY RAFTELIS
Full copies these deliverables can be provided upon request.
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Project Schedule
A proposed project schedule by Task is provided below. In our experience, projects of this scope typically take 12-16 weeks to complete. We expect to refine and finalize this schedule with the City during Task 1.
Task 1 - Project Administration and Kickoff
Task 2 - Organizational Assessment
Task 3 - Operational Efficiency Review
Task 4 - Prepare Deliverables
MAR APR MAY JUN
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List of Representative
Projects
RAFTELIS HAS ONE OF THE MOST EXPERIENCED UTILITY AND LOCAL GOVERNMENT FINANCIAL AND MANAGEMENT CONSULTING PRACTICES IN THE NATION.
Our staff has assisted more than 1,200 local government organizations across the U.S., including some of the largest and most complex agencies in the nation. In the past year alone, Raftelis worked on more than 900 financial, management, and/or technology consulting projects for over 600 publicsector agencies in 44 states, the District of Columbia, and Canada.
Raftelis has provided financial/
organizational/technology assistance to
public agencies serving more than
25% of the U.S.
population
THIS MAP AND THE MATRIX ON
THE FOLLOWING PAGES SHOW
SOME OF THE LOCAL
GOVERNMENT CLIENTS THAT
WE HAVE ASSISTED.
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RAFTELIS 20
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Cost Proposal
The total fixed fee for completion of the scope of work is $49,995. This includes all professional fees and expenses.
The following is the cost by project activity.
Activity Description Cost
1 Project Administration and Kickoff $6,651
2 Organizational Assessment $15,331
3 Operational Efficiency Review $7,661
4 Final Report and Presentation $20,351
TOTAL $49,995
The City will be invoiced monthly as tasks are completed.
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CONTRACT AGREEMENT
CITY OF NORCO
PROFESSIONAL SERVICES
WATER AND SEWER OPERATIONAL ASSESSMENT
1. Parties and Date.
This Agreement is made and entered into this 15th day of March, 2023 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 Raftelis, a corporation with its principal place of business at 227 W Trade St, Suite 1400, Charlotte, CA 28202 (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 to perform an opera rational assessment on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in conducting operational assessment 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 services to conduct a Water and Sewer Operational Assessment (“Project”) 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 assessment services outlined by the Project. The Project is more particularly described in Consultants proposal included in Exhibit A attached hereto and incorporated herein by reference. The
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Project 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.
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 Project. 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 Project shall be designed by Consultant. Consultant will determine the means, methods and details of constructing the Project 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 Project 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 Project 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 Project timeframe set forth herein. Consultant represents that it has the professional and technical personnel required to construct the Project in conformance with such conditions.
In order to facilitate Consultant’s conformance with the Project 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 Project 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 Peiffer Brandt - CEO or his designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full
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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 Project, 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 Project under this Agreement.
3.2.6 Coordination of Project. Consultant agrees to work closely with City staff in the design of the Project 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 Project 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 Project. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to design the Project. 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 Project, 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 Project, a threat to the safety of persons or property, or any employee who fails or refuses to construct the Project in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any work on the Project.
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 Project, 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 Project. 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
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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 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 Project 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 Project 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,
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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 more broad, Consultant shall specifically be aware of their application 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
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$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.
(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
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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.
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
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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 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 Project, 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 A for each design Project, attached hereto and incorporated herein by reference. The total compensation, including
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authorized reimbursements, shall not exceed the total costs outline in Exhibit A. 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.
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 Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City’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 Project 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
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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 Project, 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.
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 Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than these Project 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 Project, 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
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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:
Consultant:
Raftelis
227 W Trade St, Suite 1400
Charlotte, NC 28202
Attention: Peiffer Brandt -CEO
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
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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.
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 Project.
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
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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.
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.
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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: Raftelis
*By:
__________________________________
Peiffer Brandt, CEO
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST BE NOTARIZED.
Attach Certificate of Notary Acknowledgement
OWNER: CITY OF NORCO, a municipal corporation
*By:
___________________________________
Robin Grundmeyer, Mayor
ATTEST:
___________________________________
Diane Germain, CMC, Deputy City Clerk
APPROVED AS TO FORM:
___________________________________
Harper & Burns, LLC
City Attorney
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EXHIBIT A
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 Project:
WATER AND SEWER OPERATIONAL ASSESSMENT
The general items of work to be done hereunder consist of:
Proving professional consultant to assist with an operational review of the water and sewer operations of the Department of Public Works. The goal of this engagement is to identify opportunities for improved efficiency and effectiveness of operations, staffing, structure, technology, processes, and policies.
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 Project, 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 Project for or on behalf of the City of Norco; or (b) products sold by the Named Insured to the City of Norco for use on the Project; 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
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(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.
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: March 15, 2023 Agenda Item:
5.A.
To: Honorable Mayor and City Council Members
Prepared By: Lori Sassoon, City Manager
Department: Administration
SUBJECT:
Consideration of the establishment of a George Ingalls Veterans Memorial Executive Commission
RECOMMENDATION:
It is recommended that the City Council and discuss and provide direction concerning the specific commission structure and operations, and then direct staff to prepare an Ordinance to establish the Commission.
SUMMARY:
The George A. Ingalls Veterans Memorial Executive Committee (GIVMEC) was originally formed to support the establishment and operations of the George Ingalls Veterans Memorial Plaza. Since the Memorial was authorized by the City Council in December 2013, the Committee has continue to work in support of the George Ingalls Veterans Memorial Subcommittee of the City Council, in furtherance of the mission and to provide programming and education at various events at the Memorial throughout each year.
Mayor Pro Tem Ted Hoffman served as the Chair of the Committee.
At the March 1 City Council meeting, Councilmember Bash asked that a discussion be agendized concerning elevating the GIVMEC to the status of an official City Commission.
BACKGROUND:
The GIVMEC has played an important role in the development, operation, and evolution of the Ingalls Veterans Memorial Plaza as arguably one of the most well-designed and moving memorials in all of California. It was originally convened to work alongside the Council Subcommittee for the Memorial, and over the ensuing years has continued to meet and work with staff and the Subcommittee to raise funds, propose new amenities at the Memorial, and develop event programming for days such as Memorial Day, Veterans' Day, Flag Day, an many other observances.
The Executive Committee operates in accordance with a Policy Paper that provides for how it fulfills various roles (Exhibit A). Page 13 outlines the current composition of the 14- member Committee, and how members are currently appointed.
Staff concurs that transitioning the group to official Commission status will clarify the group's role, provide appropriate structure and city staff support, and ensure its continuity over time as an important part of the City's civic architecture. The concept was briefly discussed at the Committee's meeting on March 6, and while the group had questions and concerns, in general the feedback was positive and supportive of the transition to becoming a City Commission.
The Council has a great deal of latitude in how the new Commission is structured in the future ordinance. The following concepts are suggested as a starting point for your discussion on the formation of a Commission:
• It is recommended that the Commission retain the name, with the change to "Commission" instead of "Committee".
• For ease of transition, it is recommended that the initial commission be composed of 14 members, with appointments of the existing members to the initial terms:
o The Committee could still include two (2) members of the City Council, appointed by the Mayor.
o With regard to the other 12 seats, they could be all at-large members to allow maximum flexibility of appointees in the future, or they could mirror the current structure to represent certain stakeholder groups (the American Legion, Norco College Military Service Committee, etc). o Membership could be in a range of composition rather than a fixed number - for example, no more than 15 members, and no less than 9 members, so it can change over time depending on the numbers of those interested in serving. At the Committee meeting, it was discussed that the number of volunteers involved at the can be limitless; service on the Commission is not the only way to support the Memorial.
• Members could be veterans, or dependents/family members of veterans, or others with demonstrated support and involvement in veterans' organizations or causes.
Again, the goal is to provide maximum flexibility in the future to sustain a robust Commission.
• Duties would remain generally the same, looking to the Policy Paper for its roles. o Like all City Commissions, the Commission would make recommendations to the City Council on specific programming and expenditures related to its area of purview.
• The new Commission could also have a student member, acting in an advisory capacity, pursuant to the recently-adopted City Council resolution adding youth members to several commissions.
It is recommended that the City Council discuss this matter, and if the Council wishes to establish the Commission, that direction be given regarding its structure and operations for inclusion in a future draft ordinance.
FISCAL IMPACT:
N/A
RELATIONSHIP TO STRATEGIC PLAN:
This item supports Strategic Plan Item #4 by engaging the community in an enhanced way, through the formation of the Commission.
REVIEWED AND APPROVED BY:
ATTACHMENT(S):
Veterans Memorial Plaza Policy
City of Norco
2870 Clark Street
Norco California, 92860
Executive Committee
The following is a policy paper, executed by the
George Ingalls Veterans Memorial Executive
Committee (GIVMEC), regarding the procedures,
standards, programs and policies for the George
Ingalls Veterans Memorial Plaza (GIVMP)
Any changes to this policy paper must be approved by
the GIVMEC by vote.
George Alan
Ingalls Veterans
Memorial Plaza
Policy Paper
George Alan Ingalls Veterans Memorial Plaza
Policy Paper
We Shall Never Forget Page 2
On December 5, 2013, the Norco City Council authorized the George Ingalls Veterans Memorial Plaza to be established on two acres located within the George Ingalls Equestrian Event Center. The Memorial Plaza honors and recognizes those who served in the Armed Forces of the United States. On the “Lest We Forget” Memorial Wall in the Plaza are inscribed the names of Norconian service men and women who served and paid the ultimate sacrifice in combat or as a result of a service connected death.
The Memorial Plaza also provides a place for those service men and women, deceased or living who served to be recognized separately by personalized inlayed bricks in the “Circle of Honor” surrounding the flag pole in the center of the Plaza.
The Memorial Plaza is also a place for Veterans and the general public to just sit and reflect on the military sacrifices while enjoying the peace, serenity and reverence of memorial.
The Memorial Plaza is also available for military related events subject to approval and scheduling by the City of Norco’s Parks and Recreation Department and the George Ingalls Veterans Memorial Executive Committee.
Definitions:
o George A. Ingalls Veterans Memorial Plaza (GIVMP)
o George A. Ingalls Veterans Memorial Executive Committee (GIVMEC) Petition Selection:
The George Ingalls Veterans Memorial Executive Committee (GIVMEC) shall have full authority to evaluate and determine, by application, honorees to be recognized on the “Lest We Forget” Memorial Wall, based on criteria and guidelines adopted by the Executive Committee.
Original name selection process for the “Lest We Forget” Memorial Wall Prior to construction the GIVMEC obtained the original list names of memorial recipients which were included on the “Lest We Forget” Memorial Wall and established the criteria under which the list was reviewed, developed and approved.
George Alan Ingalls Veterans Memorial Plaza
Policy Paper
We Shall Never Forget Page 3
Process and review:
Following each war, the individual Military Services compile a list of War casualties according to criteria set by Executive Order and defined with instructions by the Department of Defense (DoD). Department of Defense Instruction 7730.63, reports on all active duty military personnel casualties in official combat areas and in noncombat areas the casualties that were reported as battle deaths. Also, all those deaths occurring anywhere as the direct result or aftermath of an initial injury occurring in a combat zone. “Casualty” includes any deaths which occurred in route to or returning from a duty station or defined combat area.
Criteria for a Veterans name to be placed on the “Lest We Forget” Memorial Wall Residence:
Boundaries for name recognition on “Lest We Forget” Memorial Wall are defined as follows:
1) Jurisdictional boundaries set by the State of California in recognition of Norco as a Township on May 13, 1923, and/or;
2) Jurisdiction boundaries set by the post date of incorporation of the City of Norco, in California December 28, 1964.
See attached Appendix “A”
Adding Names to the Wall
The GIVMEC recognizes that names can be added to the “Lest We Forget” Memorial Wall. The GIVMEC has set up a mechanism to review individual cases of death months or years after being wounded in a combat zone or war.
Criteria:
a. Names are added when it has been determined that a service member has died directly from combat-related wounds.
b. In addition, status changes occur when remains of missing-in-action (MIA) servicemen are identified, an ongoing process conducted by DoD.
George Alan Ingalls Veterans Memorial Plaza
Policy Paper
We Shall Never Forget Page 4
c. The Veteran’s Administration has a list of Presumptive Service Connected Disabilities associated with Agent Orange. This list is the result of years of joint scientific studies by the Department of Defense (DoD) and the Center of Disease Control (CDC). If a service member dies because of one of those presumptive disabilities and the Veterans administration confirms it to be service connected that service member is eligible to be added to the “Lest We Forget” Memorial Wall.
d. Any other conditions determined to be the cause of death for a veteran must be confirmed by the Veterans Administration to be service connected in order for the GIMEC to consider eligibility for the “Lest We Forget” Memorial Wall.
e. Suicide
For Veterans under Veterans Affairs section 38 CFR 3.302
1. A Veterans suicide constitutes an act of self-destruction if the act is intentional.
2. A person of unsound mind is incapable of forming an intent.
3. It is a constant requirement for favorable action that the precipitating mental unsoundness be service connected
For active military under Article 15, of the Uniform Code of Military Justice
1. Suicide is a self-inflicted wound and is deemed to be a dishonorable action;
Eligibility for the GIVMP *Lest We Forget” Memorial Wall requires confirmation by the Veterans Administration that the military person was of unsound mind at the time of the incident and that the unsound mindedness was service connected.
The GIVMEC will work with DoD to determine name additions and status changes and with the City of Norco, Department of Parks which operates and maintains the Memorial. The cost of additional inscriptions is paid by individual contributions and or through sponsorships of GIVMP which is funded exclusively by private supporters.
George Alan Ingalls Veterans Memorial Plaza
Policy Paper
We Shall Never Forget Page 5
How additional names are selected for the “Lest We Forget” Memorial wall. • The responsibility to add a name to the “Lest We Forget” Memorial Wall begins with the requesting party sending a written request for an application to the City of Norco. This letter should include the full name, date of birth, social security or military serial number and the dates of service plus all service records including the DD 214 and death certificate.
• Requests for recognition need to be sent to:
City of Norco George Ingalls Veterans Memorial Executive Committee Department of Parks, Recreation and Community Services
GIVM Casualty and Recognition Request
2870 Clark Ave, Norco, CA 92860
Telephone: (951) 270-5632
The following process has been set up to provide this review:
a) The GIVMEC liaison will build a packet containing the medical records, Service records and family provided information of the deceased service member. From this packet the vetting subcommittee will review in detail and make a recommendation for eligibility.
b) The GIVMEC vetting subcommittee sends the packet to the Executive Committee for general opinion. Once the recommendation is received a determination is made by majority vote of the GIVMEC on whether the service member is eligible to have their name inscribed on the “Lest We Forget” Memorial Wall.
c) The GIVMEC Liaison sends a letter to the requester on the determination made and next steps if name is to be inscribed on the “Lest We Forget” Memorial Wall. d) If the GIVMEC makes a favorable determination in this matter, the City of Norco, Department of Parks, Recreation and Community Services will have the name inscribed on the “Lest We forget” Memorial Wall.
George Alan Ingalls Veterans Memorial Plaza
Policy Paper
We Shall Never Forget Page 6
George A. Ingalls Memorial Plaza Media Guidelines
The people of Norco appreciate the media covering events that provide widespread public attention. Maintaining the reverence of the Veterans Memorial Plaza is very important. For that reason, positioning guidelines have been developed for media personnel and equipment.
Prior to an event, the organizing subcommittee will appoint a media coordinator to develop a specific layout plan for media to get the best possible coverage for that specific event. It will also be the responsibility of the media coordinator to communicate that plan to all the media on the day of the event.
The media will need to set up in the areas designated by the media coordinator.
Before and after the ceremonies the entire plaza will be available for pictures and interviews.
We also ask that the media be aware of the audience and be careful not to interfere with their appreciation of the ceremony. We thank you for your cooperation and ask you to address any concerns or questions to members of the Veterans Memorial Executive Committee in attendance for assistance.
All media guidelines and restrictions can be amended at any time without prior notice.
The main media contact for the location assignment/permission will be the City of Norco Communications Department.
Phone: (951) 270-5645
Email: [email protected]
George Alan Ingalls Veterans Memorial Plaza
Policy Paper
We Shall Never Forget Page 7
Annual Ceremonies at the George Ingalls Memorial Plaza Sponsored by GIVMEC • Welcome Home Vietnam Veterans Day-March 29
• George Ingalls Memorial Service-April 16 (Date of his Death 1967) • Memorial Day Ceremony-Last Monday of May*
• Flag Day-June 14
• National POW/MIA Day-3rd Friday of September
• Veterans Day-November 11**
*Protocol for Memorial Day:
The GIVMEC will conduct a memorial service on Memorial Day at the GIVMP to begin at 10:00 am to honor our fallen veterans. The GIVMEC shall plan, organize and conduct the various events of the ceremony in conjunction with local veteran organizations, scouting troops, schools and any other approved organizations.
The ceremony begins with the flag at half-staff, and then will be raised to full-staff at Noon, regardless of the status of the ceremony. There shall be a minimum of 3 uniformed military personnel to form a squad and raise the flag.
Protocol for 5-Minute Salute
The ceremony will include a 5-minute salute throughout the annual service to honor those who “gave all”.
The duration of the salute will be determined by the committee, but is usually from 0900 until all wishing to participate have done so.
No one will be denied the opportunity to stand and honor military service, past or present. This includes Veterans, families of service members or anyone wishing to remember and show respect. Veterans will salute and non-veterans will place their hand over their heart. All are encouraged to stand together with friends, fellow veterans, or family members.
The committee will select a leader, who will oversee the salute, select a coordinator, and request 3 student volunteers from Norco High School.
The student volunteers will include a timekeeper, a greeter, and a general helper. The dress code for the students will be long pants, button down shirt with no markings or FFA uniform. Sport coat and tie are optional but encouraged.
George Alan Ingalls Veterans Memorial Plaza
Policy Paper
We Shall Never Forget Page 8
The leader will arrange a rehearsal within one week of the event to teach the volunteers their roles.
The coordinator will guide the participants to sit in order of their turn on the bench behind the Wall of Honor. Participants will be notified that the time of their salute is approximate to allow for changes in circumstances. The helpers’ job will to provide water for the participants and assist the other team members with whatever they might need.
The timekeeper will stand behind the wall of honor so as not to be seen by the audience and notify the greeter at four minutes and fifty seconds. The greeter will then approach the next person or group in line and greet with “thank you for your service, you are next” they will then guide the participants to the center of the circle and wait till the timekeeper announces 5 minutes. The saluter(s) will exit to the left and the next in line will take their place. A veteran or active service member in class A uniform will bring the group to attention, announce present arms. After five minutes he or she will announce order arms. At exactly 1000 the volume of the orders will be reduced so as to not interfere will the ceremony.
**Protocol for Veterans Day:
All the names on the “Lest We Forget” Wall shall be read if there is a new name(s) being added to the wall on that day.
The ceremony begins with the flag at full-staff, and then will be lowered to half-staff at exactly 11am, regardless of the status of the ceremony. This shall be accompanied by a 21-gun salute and the playing of Taps.
At the end of the Veterans Day Ceremony each veteran will be offered a chance to place a strip of an American flag that is being retired into a Fire pit for proper disposal.
The ceremony requires safe wind conditions and the presence of the local Fire Department. If the winds do not allow for an actual fire, the ceremony of the strips shall still be performed without flame. The strips will then be retired at a future time and place that is acceptable to the Fire department.
George Alan Ingalls Veterans Memorial Plaza
Policy Paper
We Shall Never Forget Page 9
Flag Protocol
SUBJECT: Order of Precedence of Flags of the Armed Forces of the United States
1. Prescribed Procedure
When flags are presented at the GIVMP, the order of flags shall be in the listed order of precedence:
• United States Army
• United States Marine Corps
• United States Navy
• United States Air Force
• United States Space Force
• United States Coast Guard
Docent Program
When entering thru handicap gate:
#1- Original memorial:
The original memorial was a boulder with a plaque attached, next to a flag pole.
This was deemed to be not sufficient by then parks and recs head and George A Ingalls committee member Brian Petree. His vision was quite a lot bigger and more fitting for a town whose main street is striped Red, White and blue and whose citizens are known for their patriotism and love of country. The responsibility for the care, improvement, maintenance and the programs held at the memorial are the mission of the George A. Ingalls veterans executive committee. The committee is made up of Combat veterans, non-combat veterans, very patriotic civilians, Gold star/Blue star mothers, and city staff workers dedicated to continuation of the greatness of this memorial. We hate (love) to brag that we have one of the finest memorials that exist. Our ceremonies draw hundreds of people, both local and out of state and are covered by the media. Our main goal is that we will never forget the names of those who fought for our freedoms.
#2- Gold/ Blue star monument:
This tribute went thru many design changes before the existing design was approved. The monument was made and was transported by truck from Georgia.
The installers have placed over 100 monuments and treat every installation with care and dignity.
George Alan Ingalls Veterans Memorial Plaza
Policy Paper
We Shall Never Forget Page 10
#3- Legacy wall:
This wall contains the names of the citizens and companies who donated both time and money to the construction of the memorial.
#4- George Ingalls plaque:
George Ingalls served in Vietnam. He was well liked by his many friends in both Norco and Corona. He received the Medal of Honor for his bravery in battle in Vietnam.
#5- Wall of honor:
The men and women who are honored on this wall must have had strong ties to Norco and be approved by the Veterans Committee after painstaking vetting by a subcommittee.
#6- Anchor:
The anchor is on permanent loan from the naval weapons station in Norco on fourth street.
#7- Circle of honor (bricks):
As of 2022 there are approximately 600 bricks in the circle. Anyone who served and was honorably discharged may be honored with a brick. Animals (horses, dogs, mules) are also honored. They must have serial numbers to get a brick. #8- POW/MIA monument:
This monument was donated by local Rotary Club and honors the thousands of service men and women who served but did not return.
#9- Future and events at memorial
The committee is always looking at ways to improve the experience at the Memorial and the overarching theme that we will “NEVER FORGET”
George Alan Ingalls Veterans Memorial Plaza
Policy Paper
We Shall Never Forget Page 11
“Circle of Honor” Brick Program In The George Ingalls Memorial Plaza GIVMP "Circle of Honor” program honors those who served honorably in the Armed Services of the United States of America. Veterans whose deaths are not eligible to be placed on the George Ingalls Veterans Memorial “Lest We Forget” Memorial Wall can be recognized here. Veterans who fit the “Circle of Honor” criteria can be honored through this program by family members or friends by buying a personalized paver brick to be placed in the Circle of Honor around the flag pole in the center of the Plaza.
Recognitions of animals who served can be recognized within the “Circle of Honor” provided they meet the same vetted eligibility criteria.
Circle of Honor Memorial Bricks Available for Purchase
4’x8” with 3 lines of personal information - $100.00
8”x8” with 6 lines of personal information - $200.00
8”x8” with medallion and 3 lines of personal information - $250.00 Replica Bricks
Only those who purchase a memorial brick for the circle of honor, may also purchase exact replica bricks to share with family and friends.
4”x8” with 3 lines of personal information - $23.00
8”x8” with 6 lines of personal information - $25.00
8”x8” with medallion and 3 lines of personal information - $25.00 Souvenir Bricks
These small souvenir bricks with a standard design logo are available for anyone to purchase as many souvenir bricks as desired.
4”x4”x ¼” - $20.00
Veterans Memorial Brick Assistance Fund
Through generous donations, the Veterans Memorial Executive Committee is able to offer financial aid to veterans or families of veterans who need assistance paying for a Veterans Memorial Brick. The committee will cover the full cost of a 4x8 brick. The cost of the brick will come from the Brick Assistance Fund.
Assistance levels are based on the Federal Housing & Urban Development Agency (HUD) guidelines.
George Alan Ingalls Veterans Memorial Plaza
Policy Paper
We Shall Never Forget Page 12
Selection
The selection committee will approve the applications to make sure the criteria for funding assistance is achieved.
The criteria are:
i. Veterans must be Norco residents
ii. Honorable discharge
iii. Applicants must meet HUD household income guidelines Honorary Bricks
Under unique situations the GIVMEC may purchase a brick for a Veteran selected as an honorary recipient. The cost of these bricks will come from the committee’s general fund.
PROCESS:
Application for the inlayed brick program can be downloaded from the City of Norco web site under the George Ingalls Veterans Memorial Plaza. More information is available on the web site.
Veterans Memorial Brick Assistance Application
See attached Appendix “B”
Memorabilia Articles Left at the Veterans Memorial
Occasionally, visitors leave sentimental articles in the Veterans Memorial to honor a Veteran loved one. This practice is very much encouraged! Flowers, wreaths or plants will be removed after approximately 6 days when they have wilted.
Memorabilia items such as challenge coins, dog tags, pictures, or other mementos will also be removed after approximately six days. These items will be taken to the department of recreation at the Norco City Hall. A GIVMEC member will then assign an identification from the Memorabilia login sheet (appendix C) of the Policy and Procedure Manual) and place that ID number on the Article.
The member will also then enter the ID number, a description and a date recovered (month and year)
See attached Appendix “C”
George Alan Ingalls Veterans Memorial Plaza
Policy Paper
We Shall Never Forget Page 13
POW/MIA Memorial
This monument honors all those Veterans who are Missing in Action or Prisoner of War that have not been accounted for. The solid granite symbolizes the never ending search for answers and the long lasting remembrance of their sacrifice.
Gold Star/Blue Star Mothers Memorial
This monument honors the patriotic Gold Star Mothers who are suffering.
The Gold Star Mothers have given the supreme sacrifice of motherhood in the loss of their son(s) and/or daughter(s). In the course of their great loss and pride, have channeled their time, efforts and gifts, to not only comfort each other, but giving loving care to helping veterans, support for servicemen, and others who honor our nation's defenders.
"America appreciates your sacrifice but only God knows your suffering" The Blue Star Mothers are patriotic mothers who have a son or daughter serving in the American Armed Forces. This Memorial will serve as a special place for a long lasting remembrance to honor their son or daughter, a contribution to our national freedom.
Committee Selection Process:
Nomination is presented to two seated Councilmembers and reviewed and voted on by the Veterans Memorial Executive Committee.
The Committee is made up of the following – 14 Voting Members:
Executive Committee
• (2) Council Members – Selected by the Mayor: Members remain on the committee through the term of their office or until they wish to be removed. • (2) Parks and Recreation Commissioners – Selected by the Director to be advisory to the department of Parks and Recreation. Reviewed annually by the Director for continuous appointment or reappointment.
• (1) Commander of the Norco American Legion
• (1) Representative of the Norco College Military Service Committee (active/or inactive) student representative. Committee placement is rotated annually by college.
George Alan Ingalls Veterans Memorial Plaza
Policy Paper
We Shall Never Forget Page 14
• (1) Representative from Norco High School ROTC Program – Commander or Sergeant Faculty member. Selection is done by NHS Program Commander. • (1) County of Riverside District II Veterans Advisory Committee member • (6) Members at Large. Members must have been selected by the (2) Council representatives. Members at large must have served honorably in the military.
Members serve on the committee until they resign or move from the Community of Norco.
The executive committee shall nominate and vote upon the Chair and the Vice-Chair from all 14 voting members on the committee.
Executive Axillary Committee: Non-Voting
Appointments are nominated by the two seating councilmembers and confirmed by the voting executive committee.
• Gold Star Mother Representative(s)
• Blue Star Mother Representative(s)
Advisories to Executive Committee and Council on Veterans Memorial City Manager
Director of Community Services
Director of Facilities
Superintendent of Parks and Building
Supervisor of Ingalls Park
City Engineer
RKA Engineering
Kammeyer and Associates
JCA Electrical Engineering
George Alan Ingalls Veterans Memorial Plaza
Policy Paper
We Shall Never Forget Page 15
Sponsor Legacy Wall
The Sponsor Legacy Wall provides lasting recognition to people or business, who generously donates to the George A. Ingalls Veterans Memorial Plaza at the following levels.
Patriot - $1,000
Placement of name or business listed under Patriot heading on wall, name/business listed in Veterans Memorial program guide, listing on print advertising, listing on website as Veterans Memorial supporter, name/business listed as Patriot Sponsor at all city sponsored fundraising events throughout the year.
Freedom - $750
Placement of name or business listed under Freedom heading on wall, name/business listed in Veterans Memorial program guide, listing on print advertising, listing on website as Veterans Memorial supporter, name/business listed as Freedom Sponsor at all city sponsored fundraising events throughout the year.
Liberty - $500
Placement of name or business listed under Liberty heading on wall, name/business listed in Veterans Memorial program guide, listing on website as Veterans memorial supporter, (2) invitations to Veterans Memorial opening ceremony, name/Business listed as Liberty Sponsor at all city sponsored fundraising events throughout the year.
Independence - $250
Placement of name or business listed under Independence heading on wall, name/business listed in Veterans Memorial program guide, listing on website as Veterans Memorial supporter,
Other - Donation of any other denomination.
Name or business listed in Veterans Memorial program guide as well as listed on website as Veterans Memorial supporter.
George Alan Ingalls Veterans Memorial Plaza
Policy Paper
We Shall Never Forget Page 16
Donations
The funds raised for this memorial are utilized for the ongoing maintenance, facility improvements and special events along with brick purchase subsidies.
All donations are tax deductible to the extent allowable by law.
To donate to the George A. Ingalls Veterans Memorial Plaza, click on the link “Sponsorship Opportunities” on the George Ingalls Veterans Memorial Plaza website and mail the completed form along with contribution payable to the City of Norco at:
George A. Ingalls Veterans Memorial Plaza
C/O City of Norco
2870 Clark Avenue
Norco, CA 92860
George Alan Ingalls Veterans Memorial Plaza
Policy Paper
We Shall Never Forget Page 17
Appendix “A”
George Alan Ingalls Veterans Memorial Plaza
Policy Paper
We Shall Never Forget Page 18
George Ingalls Veterans Memorial Brick
Assistance Program
Through generous donations, the Veterans Memorial Executive Committee is able to offer financial aid to Veterans or families of Veterans who need assistance paying for a Veterans Memorial Brick. These funds will be distributed to the Veteran or Veteran’s family to help offset costs for Veterans who otherwise may be excluded from participating. The Committee will cover the full cost of a 4x8 brick. If an 8x8 brick is preferred, the purchaser will be responsible for paying the increase in the cost. 2019 ANNUAL INCOME GUIDELINES*
Household Size Maximum Gross Income Household Size
Maximum Gross Income
1 $23,107 5 $55,815
2 $31,284 6 $63,992
3 $39,461 7 $72,169
4 $47,638 8 $80,346
SELECTION PROCESS
The selection committee will approve the application to make sure the criteria for funding assistance is achieved by those applicants who meet the criteria.
The criteria are:
i. Veterans must be Norco residents.
ii. Applicants must meet income guidelines (submit copy of verified income w/application).
iii. Application form completed.
iv. Is applicant able to make a partial payment
All assistance is subject to available funds.
Applications must be submitted to City of Norco Parks & Recreation office, 2870 Clark Avenue. Determinations will be made within one week.
All decisions by the City of Norco Veterans Memorial Executive Committee concerning the program, eligibility and funding issues are final.
*Based on Federal Levels x 185%
For more information, please call (951) 270-5632.
Appendix “B”
George Alan Ingalls Veterans Memorial Plaza
Policy Paper
We Shall Never Forget Page 19
Appendix “B”
George A. Ingalls Veterans Memorial
Brick Assistance Application
“Creating community through people, parks and programs!” Date: ___________________
Brick Provided □ 4x8
Veterans Name: _________________________
Branch of Service: ________________________
Service years: from ______to_______
Honorable discharge ____ (check)
Address: _______________________________City____________ Zip Code________
Home Phone: ____________________ Work Phone: ___________________ Email: ________________________________________# in household: _______ *Annual household Income: ______________
Please submit this application with a copy of your most recent tax return to the City of Norco Parks, Recreation and Community Services Department office at 2870 Clark Avenue, Norco.
All decisions by the City of Norco Veterans Memorial Executive Committee concerning the program, eligibility and funding issues are final.
George Alan Ingalls Veterans Memorial Plaza
Policy Paper
We Shall Never Forget Page 20
Articles Left behind
George Ingalls Veterans Memorial
ID# Description Recovered
Month&Year
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
Appendix C
City Council
STAFF REPORT
Date: March 15, 2023 Agenda Item:
5.B.
To: Honorable Mayor and City Council Members
Prepared By: Amanda Hamilton, Facilities and Maintenance Director
Department: Facilities and Maintenance
SUBJECT:
Landscape Maintenance Districts Proposition 218 status update and consideration of next steps
RECOMMENDATION:
Review the assessment ballot options for Landscape Maintenance Districts 1, 2 and 3; and Authorize staff to initiate the Proposition 218 process to seek property owner approval for Landscape Maintenance District 2 with a proposed increase of 16%, and Landscape Maintenance District 3 with a proposed increase of 19%.
SUMMARY:
Landscape Maintenance Districts (LMDs) are one mechanism used by cities to ensure that a new development pays its own way for its own landscaping, lighting, and parks related to its development. In the development of a neighborhood, the LMD identifies that properties in that neighborhood derive special benefit by certain improvements. Due to this special benefit, landowners in the identified area are assessed to pay the costs of the ongoing maintenance of such improvements. The rates in LMD's can typically be adjusted by the City Council each year based on formulas related to CPI. However, if that is inadequate to meet needs in the district, a property owner mail ballot process is required to further adjust assessment rates.
As stipulated in the Landscaping and Lighting Act of 1972, the continuation of an existing maintenance district assessment has to be reviewed and approved each fiscal year. Over the last several years, the Council has discussed and noted that certain LMD's have developed structural budget deficits. Other districts are experiencing service level deficits; the budgets are balanced, but there are repairs and capital investments needed that cannot be made, due to lack of funding.
When developing the LMDs Budgets for Fiscal Year (FY) 2022-2023, it was noted that LMDs 1, 2, and 3 were in a deficit or in a position where reserves are lacking and Capital Improvement Projects could not take place due to the low fund balance. The City Council
asked staff to develop options for property owners in these areas to consider prior to the next assessment year.
BACKGROUND:
Over the years, the City has supplemented the budgets in LMD 1, 2, and 3, and at this time, the City continues to supplement these districts even with the annual assessment levy. However, this practice needs to be evaluated since this is not the intended goal for LMDs. These developments fund their own landscaping services and Capital Improvement Projects. When LMD budgets are supplemented by the General Fund, that diverts revenues into these neighborhoods that could be used for citywide needs. Staff does not recommend this practice as a long-term measure, but it is ultimately a policy decision to be weighed.
The Assessment Engineer has reviewed the current status of the LMDs and has identified options for consideration:
LMD
Fund
Balance
6/30/2022
FY22/23
Budgeted
Revenue
FY22/23
O&M
Budget
Projected Fund
Balance
6/30/23
FY Projected
O&M
Budget
1 $735 $11,670 $15,330 -$2,000 $15,100
2 -$756 $174,960 $163,490 -$9,200 $152,900
3 $9,222 $98,120 $117,610 -$15,300 $110,600
LMD 1 – Beazer (67 homes)
With regard to LMD 1, staff recommends no action at this time. With the development of the adjacent parcels at River/Bluff in the planning stage, there will be an opportunity to effectively enlarge this LMD and get economies of scale that could address this situation.
For that reason, it is recommended that action on this district be deferred to a future year.
LMD 2 – Norco Estates (217 homes)
This LMD has a service level deficit. The existing, original trail fencing is deteriorating and in need of replacement. The playground surface at Norco Hills Park needs replacement, as is other facilities in the park. However, the district lacks the funding to make those capital improvements. It also lacks a capital reserve to maintain and replace those amenities in the future.
In 2018, a mail ballot process was conducted to raise the maximum assessment 70%.
The assessment was proposed to be raised from $614 to $1,049. With a 55% response rate, the measure failed with 12 ballots in favor of the assessment and 108 ballots against the assessment.
This year, a number of options were evaluated to address the needs of this district that might be acceptable to the majority of property owners:
1. No action - Increase assessment by CPI only for FY 23-24, continue to evaluate budget options in future years. This is a near term option as the district does not have a budget deficit, but lack of action effectively.
2. 8% increase through Prop. 218 process – This option provides additional revenue to phase in fence replacement on a 20-year cycle with the assessment per home at $862.
This is an increase of $63 from the previous year.
3. 16% increase through Prop. 218 process– This option also provides fence replacement on a 20-year cycle, but also provides funds over time for park repairs and funding of capital reserves to maintain improvements with the assessment per home at $927. This is an increase of $129 from the previous year.
Staff is recommending that Option 3 be presented to the property owners for approval.
This provides a fix to the service level deficit now and in the future, and allows for these property owners to see direct return on their assessment investment with capital improvements in their neighborhoods.
LMD 3 – Centex (82 homes)
LMD 3 has a structural budget deficit, along with the need to replace the original and deteriorating trail fencing. Fund balance is declining and the district lacks any capital reserves.
Options for addressing this situation are as follows:
1. No Action - Increase assessment by CPI only for FY 23-24, continue to evaluate budget options in future years. Given declining fund balance in this district, this option is not recommended.
2. 11% Increase through Prop 218 process – This increase assessment would cover O&M, eliminating the structural deficit. It does not create any reserves or provide any funds for capital improvements with an assessment per home at $1,348. This is an increase of $152 from the previous year.
3. 19% increase through Prop. 218 process – Like option 2, this option will also create a balanced O&M budget. In addition, it would provide for fence repairs on a 20-year replacement cycle. It does not provide for any additional capital improvement projects or for reserve replenishment with an assessment per home at $1,451. This is an increase of $253 from the previous year.
Staff is recommending that Option 3 be presented to the property owners for approval.
This provides a fix to the service level deficit now and in the future. It also allows for these property owners to see a direct return on their assessment investment with new fencing.
Next steps:
With direction from Council, budgets will be finalized and draft engineer’s reports will be prepared. Should there be direction to move forward with a Proposition 218 increase assessment option, the following timeline of events shall commence:
April 14, 2023 - RKA will send out the letters and ballots April 29, 2023 - Public Prop. 218 Informational Meeting
April 19, 2023 - Council to Set the Public Hearing
May 10, 2023 - Public Prop. 218 Informational Meeting
June 07, 2023 - Public Ballots due to City Clerk
June 07, 2023 - Public Hearing to consider the proposed annual assessments FISCAL IMPACT:
Within in the Approved FY 2022-2023 Operating Budget for Landscape Maintenance Districts 1, 2, and 3, is a line item with a budget amount of $10,000 to allow the City to conduct a Proposition 218 hearings.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Direction No. 3 - Economic Development and Financial Stability: Assure financial stability by expanding development efforts, diversifying revenue sources and continuing prudent financial management.
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: March 15, 2023 Agenda Item:
5.C.
To: Honorable Mayor and City Council Members
Prepared By: Lori Sassoon, City Manager
Department: Administration
SUBJECT:
Discuss and Take Possible Action concerning a City Council Vacancy RECOMMENDATION:
Discuss options and preferences with regard to filling the existing vacancy on the City Council.
SUMMARY:
With the passing of Mayor Pro Tem Ted Hoffman, a City Council vacancy now exists for the remainder of his term, which would have expired in November 2024. The City Council may discuss its options and preferences with regard to filling the existing vacancy on the City Council.
BACKGROUND:
Members of the City Council are elected to staggered terms of four years. The late Mayor Pro Tem Ted Hoffman was last elected in November 2020, and his term would have expired in November 2024.
In accordance with California Government Code 36512, within 60 days of the occurrence of a vacancy, the City Council must fill the Council vacancy either by appointment or by calling a special election. With the passing of Mayor Pro Tem Hoffman on February 22, 2023, the City Council has until Monday, April 22, 2023, to make its determination.
Calling a special election can be cost prohibitive. To avoid unnecessary expenses, most City Councils choose to appoint a successor to fill a vacancy. In Norco's recent past, when Council vacancies occurred under similar circumstances in 2008 and 2010, appointments were made in lieu of calling for special elections in both situations.
If Council chooses to fill the vacancy by appointment, and the vacancy occurs in the second half of a term of office (which is the case here), the person appointed to fill the vacancy holds office for the unexpired term of the former incumbent. Thus, if Council
chooses to appoint a successor, the successor will hold office until the end of Mayor Pro Tempore Hoffman’s term (November 2024) and an elected successor is qualified and sworn into office.
It is recommended that the City Council discuss this matter and take action as appropriate to determine next steps. If Council chooses to fill the vacancy by appointment, the next question is whether to appoint a person immediately, or solicit applications. If Council desires to solicit applications, staff can gather applications and bring the matter back at the next City Council meeting.
FISCAL IMPACT:
None by this action. The estimated cost of a special election is approximately $30,000.
RELATIONSHIP TO STRATEGIC PLAN:
N/A
REVIEWED AND APPROVED BY:
City Council
STAFF REPORT
Date: March 15, 2023 Agenda Item:
5.D.
To: Honorable Mayor and City Council Members
Prepared By: Lori Sassoon, City Manager
Department: Administration
SUBJECT:
Consideration of a Professional Services Agreement with California Strategies to assist the city of Norco in efforts to underground the Riverside Transmission Reliability Project (RTRP)
RECOMMENDATION:
It is recommended that the City Council approve a Professional Services Agreement with California Strategies; and amend the FY 2022/23 Budget to appropriate funds for this expense as indicated in the staff report.
SUMMARY:
In January of 2023, the Riverside City Council voted to delay next steps on its Riverside Transmission Reliability Project (RTRP), and form a working group of local agencies and elected officials to pursue undergrounding of the RTRP project. Consulting assistance is needed to protect and advance Norco's interests in this matter by collaborating with Riverside and our elected representatives to secure funding and regulatory approvals for this alternative approach.
BACKGROUND:
The Council is well aware of the nearly 20 year background regarding the RTRP, and Riverside's desire to secure a second connection to the State's electrical grid. The City of Norco has long expressed concerns about the harm that this project would have on our city and the adjacent neighborhoods with the construction of above-ground transmission towers and power lines.
In January of 2023, the Riverside City Council reconsidered this matter and discussed the increased fire risk and upgraded fire threat zones; the greater concern for impacts on property values, safety, and quality of life in disadvantaged communities; and a stronger push at the state level of undergrounding power lines in light of wildfire risk. On a 6-1 vote, the Riverside City Council voted to form a working group consisting of Riverside Councilmembers Hemenway and Conder, local Congressional, State Senate, State
Assembly, County, and Norco representatives. The purpose of the working group is to pursue and secure state funding for the further undergrounding of the RTRP. The group is expected to report back to the Riverside City Council on its progress in 6-8 months.
The Working Group held its first meeting on March 6, 2023. While there is strong support, there is a need for expertise to secure funds and regulatory approvals needed. Norco does not have sufficient staffing resources available nor expertise in this area to lead the effort.
The proposed agreement with California Strategies would provide consulting assistance to support the efforts of the working group and specifically seek to advance Norco's interests over this next six month period. Steven Larson of California Strategies is a previous Executive Director of the California Public Utilities Commission, which is the regulatory body that oversees the operations of the industry in California. He was also the author of the October 2022 report on the possible RTRP undergrounding that was commissioned by the City of Riverside. Mr. Larson will be working on behalf of Norco to plan our efforts, coordinate with our neighbor cities, work with the utilities involved and the CPUC, and build our coalition of support to begin to secure the necessary funding to further underground the RTRP.
The RTRP Subcommittee (Councilmembers Bash and Newton) is recommending approval of this agreement.
A copy of the Professional Services Agreement will be distributed to Council once final details are finalized, as a hand-out prior to the meeting.
FISCAL IMPACT:
The cost of this agreement is $50,000 for six months. It is recommended that the FY 2022-23 budget be amended to fund this expenditure, by appropriating $50,000 from General Fund unappropriated fund balance to Account Number 724-34100 (NonDepartmental/Contractual Services).
RELATIONSHIP TO STRATEGIC PLAN:
This item supports Strategic Direction #1, to enhance the quality of life by promoting public health, safety and wellness initiatives for all community members.
REVIEWED AND APPROVED BY:
ATTACHMENT(S):
Contract - California Strategies
PROFESSIONAL SERVICES AGREEMENT
CITY OF NORCO
CONSULTING AGREEMENT
RE: RTRP UNDERGROUNDING
THIS AGREEMENT made and entered into this 15TH day of March, 2023, between the City of Norco, a municipal corporation, of the State of California, (hereinafter the “City”), located at 2870 Clark Avenue, Norco California 92860, and California Strategies, an independent contractor, with its principal place of business located in San Francisco, California (hereinafter “Contractor”). City and Contractor are sometimes individually referred to as “Party”, and jointly as “Parties” in this agreement.
ARTICLE 1 TERM OF CONTRACT
Section 1.01. This Agreement will become effective on March 15, 2023, and will continue in effect for a period of six months from the effective date, unless terminated in accordance with the provisions of Article 7 of this Agreement.
ARTICLE 2. INDEPENDENT CONTRACTOR STATUS
Section 2.01. It is the express intention of parties that Contractor is an independent contractor and not an employee, agent, joint-ventures, or partner of City.
Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between City and Contractor or any employee or agent of Contractor. Both parties acknowledge that Contractor is not an employee for state or federal tax purposes. Contractor shall retain the right to perform services for others during the term of this Agreement.
ARTICLE 3. SERVICES TO BE PERFORMED BY CONTRACTOR
Section 3.01. Contractor shall provide consulting services related to the undergrounding of the RTRP within the City limits of Norco as more particularly described in Exhibit A, attached hereto and made a part hereof as if set forth in full (the “Project”).
ARTICLE 4. COMPENSATION
Section 4.01. In consideration for the services to be performed by Contractor, the City agrees to pay Contractor a fee, not-to-exceed $50,000, at a flat rate of $8,333 per month, for the performance of all tasks related to the Project, as more specifically described in Exhibit A.
Section 4.02. Contractor shall submit monthly itemized statements for payment to the City Manager.
Section 4.03. Contractor shall be responsible for all costs and expenses incident to the performance of services for the City. The City shall be responsible for no expenses incurred by Contractor in performing services for the City, unless otherwise authorized by the City.
ARTICLE 5. OBLIGATIONS OF CONTRACTOR
Section 5.01. Contractor agrees that the City will not provide workers' compensation insurance for Contractor's employees and agents and agrees to hold harmless and indemnify the City for any and all claims arising out of any injury, disability, or death of any of Contractor's employees or agents.
Section 5.02. Contractor agrees to defend, hold harmless and indemnify City, its officers, agents and employees from and against any and all losses, liability or damages including reasonable attorneys' fees arising out of, in consequence of or resulting from the acts and/or omissions of Contractor, its subcontractor, consultants, agents or employees, intentional, negligent or otherwise. Contractor assumes no responsibility to indemnify City for the negligent acts or omissions of City, its officers, agents (excluding consultant) and employees.
Section 5.03. It is agreed upon and understood that the Contractor will maintain a policy of general liability insurance in the minimum amount of one million dollars ($1,000,000) per incident, naming the City as an additional insured to cover any liability imposed or claimed, including, attorney's fees and any legal expenses, for acts or omissions of Contractor or Contractor's agents occurring outside the normal course and scope of performance and function of duties undertaken pursuant to this Agreement.
Section 5.04. Neither this Agreement nor any duties or obligations under this Agreement may be assigned by Contractor without the prior written consent of the City.
Section 5.05. As Contractor is not the City's employee, Contractor is responsible for paying all required state and federal taxes. In particular:
• City will not withhold FICA (Social Security) from Contractor's payments. • City will not make state or federal unemployment insurance contributions on Contractor's behalf.
• City will not withhold state or federal income tax from payment to Contractor. • City will not make disability insurance contributions on behalf of Contractor. • City will not obtain workers' compensation insurance on behalf of Contractor; and
• City will not contribute to CalPERS or any alternative pension plan on behalf of Contractor.
ARTICLE 6. OBLIGATIONS OF THE CITY
Section 6.01. The City agrees to comply with all reasonable requests of Contractor and provide access to all personnel and documents reasonably necessary for the performance of Contractor's duties under this Agreement.
ARTICLE 7. TERMINATION OF AGREEMENT
Section 7.01. Contractor acknowledges, understands, agrees and warrants that it serves at the pleasure of the City, and has no vested rights whatsoever in continuation of the business relationship with the City, or in compensation which may be provided beyond the stated terms of this· Agreement. The City shall have the right to terminate this Agreement without cause at any time. In such event, Contractor shall be entitled to compensation for all work performed.
ARTICLE 8. CONFLICT OF INTEREST
Section 8.01 Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict or appear as a conflict in any manner or degree with the performance of services required to be performed under this Agreement. In the event that an activity of the Contractor may be construed to constitute a conflict of interest with its responsibilities hereunder, Contractor shall obtain permission for such activity from the City before proceeding further with such activity. In the event a conflict of interest is alleged, the City shall finally and conclusively determine if a conflict of interest in fact exists, or can be foreseen. In such cases, where a conflict of interest is deemed to occur or is determined to occur, the City may terminate this Agreement in accordance with Article 7.
ARTICLE 9. GENERAL PROVISIONS
Section 9.01. Any notices to be given hereunder by either party to the other may be affected either by personal delivery in writing or by U.S. mail to the following addresses:
AGENCY: City of Norco
Attn: City Manager
2870 Clark Avenue
Norco, CA 92860
CONTRACTOR: California Strategies
Attn: Steve Larson, Partner
[email protected]
Section 9.02. The formation, construction and performance of this Agreement shall be construed in accordance with the laws of the State of California Section 9.03. This Agreement constitutes the sole and complete Agreement between the parties. This Agreement supersedes any and all written and oral agreements between the parties and any ordinance, rule, regulation, policy, or procedure of the City that is inconsistent with the Agreement. No amendments may be made to this Agreement except in writing and signed by the parties hereto.
Section 9.04. If any provision of this Agreement is held invalid or unenforceable, the remainder shall remain in full force and effect. ///
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first written above.
Name of Contractor: California Strategies
By:
_____________________________
Steve Larson, Partner
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST BE NOTARIZED Attach Certificate of Notary Acknowledgment
Agency: CITY OF NORCO, a Municipal Corporation
By:
_______________________________
Lori Sassoon
City Manager
ATTEST:
_________________________________
Diane Germain, CMC, Deputy City Clerk
Approved as to Form:
_______________________________
Harper & Burns, LLP
City Attorney
EXHIBIT A
Scope of Work (SOW) for City of Norco
California Strategies will assist the City of Norco in its efforts to underground the RTRP within its city limits, particularly with efforts at Southern California Edison, the California Public Utilities Commission, and such other local and State Agencies with tasks as follows:
1. Create and author reports and memorandums as needed for this effort with the City of Norco, and with others as required. (If a justification analysis is required, such as that required for the City Council of Riverside, the effort will be defined as Phase One of the project. The total costs for this work for Norco may need additional funding if this is undertaken.)
2. Assuming that no report such as that required by the City of Riverside, the focus of California Strategies will be on quickly developing a Strategic Plan for Norco that encompasses how to successfully achieve undergrounding the RTRP in the Norco City Limits. This will include working to establish a close political coalition between local governments (e.g., Norco, Riverside city and county, and Jurupa Valley) that has as its purpose to establish undergrounding of the RTRP in the identified areas in Riverside County.
3. Once the Strategic Plan is identified (with timelines limited to the first 6 months), California Strategies will assist in creating the coalition where needed.
4. In addition, California Strategies will work with the utilities involved and the CPUC to expedite action on any proposals by the City of Norco concerning any utility or state entity. (Note: Given the actions of Riverside, it may be necessary to address the existing CEQA analysis that currently anticipates undergrounding Jurupa Valley, and is already prepared for the undergrounding effort. Norco participation in that analysis may be necessary). It should be noted that the CPUC has an expedited process for review of CEQA where warranted.
5. The City of Jurupa Valley, when it successfully achieved undergrounding for the project in its community, was unsuccessful in attracting support for its cause from other jurisdictions in Riverside county. Strong support in the Jurupa Valley effort included developers from the private sector as well as others who were affected by the issues.
Such support will most likely be required in Norco for the effort to accomplish the goal of undergrounding. It should be added that the City of Jurupa Valley is currently monitoring events related to undergrounding elsewhere with great interest.
6. Also, the ISO will be monitored for any activity that may affect the Norco effort.
7. A legislative proposal may take shape in opposing this effort. A strategy for legislative action supporting the effort should be considered in developing a Strategic Plan for Norco.
Conclusion
Given the compensation described elsewhere and a 6-month limit, California Strategies can assist Norco in developing the political ties necessary for success at all State and local governments. Principally among these efforts will be a Strategic Plan that gives guidance and assistance in the time available for success. California Strategies will participate fully in assisting the City in this effort. It should also be noted that this effort will require considerable time and effort by personnel from Norco for success.
City Council
STAFF REPORT
Date: March 15, 2023 Agenda Item:
6.A.
To: Honorable Mayor and City Council Members
Prepared By: Alma Robles, Planning Director
Department: Planning
SUBJECT:
Appeal Hearing: An appeal of the Planning Commission approval of Variance 2023-01 (Bacarella/Jones): A request for a Variance from the minimum net lot size requirement of 20,000 square feet of Norco Municipal Code Section 18.13.10 – “Lot and Pad Area” in the A-1 Zone, to allow a lot line adjustment on a vacant parcel on Southfork Drive with the APN 133-340-023 and located within the A-1 (Agricultural Low Destiny) Zone.
RECOMMENDATION:
Uphold the determination of the Planning Commission and approve Variance 2023-01 SUMMARY:
The Planning Commission approved Variance 2023-01: to allow a net lot size of 16,444 square feet on the subject property, allowing staff approval of a lot line adjustment to correct a pre-existing condition between the subject parcel and parcel to the north (3540 Southfork Drive) where an accessory building was built on property line. The approval was appealed by the City Council who will now hear the variance to either concur with the Planning Commission's approval or to deny the variance.
BACKGROUND:
The Planning Commission held a Public Hearing for Variance 2023-01 on February 8, 2023 (Exhibit A - Staff Report; Exhibit B - Minutes Excerpt). For staff's analysis of the requested Variance, please see Exhibit A.
After consideration of all testimony, written and oral, the Planning Commission approved the requested Variance making the required following findings:
1. There are special characteristics attached to the subject property, which do not generally apply to other properties in the area;
2. Granting of the Variance is necessary to avoid practical difficulty, undue hardship, or results inconsistent with the general purpose of the Zoning Code;
3. Granting of the Variance will not result in material damage or prejudice to other properties in the vicinity, nor be detrimental to the public health, safety, or welfare;
4. Granting of the Variance will not be detrimental or contrary to the General Plan; and
5. Granting of the variance will not limit animal keeping on the subject lot.
The Motion for approval by the Planning Commission was carried on a 3-2 vote. The barn owner (owner of property to the north of the subject site) made public comments of not being at fault or aware of the lot line discrepancy when the barn was built. The dissenting Commissioners had concerns over the creation of a non-conforming lot size.
After becoming aware of the appeal, the owner of 3540 Southfork Drive (property owner of where the the barn sits) sent an email with additional background information for consideration, requesting that it be provided to the City Council (ref. Exhibit Exhibit C - Email dated February 23, 2023). Information was provided on: the time frames as to when the parcels on Southfork were created; the creation of the 30-foot road easement existing on the property today; the sewer lateral connection point for 3540 Southfork also being placed incorrectly on the adjacent lot (similar to the barn); discrepancies in the lot size for the parcel with the variance request, etc.
As noted in the attached Planning Commission's report, the existing unique characteristics of the property (i,e, the existing road easement) is what justified staff's recommendation for approval of the variance. The site plan attachment in the Planning Commission's staff report reflects the legal survey for both APN 133-340-023 (the subject lot for the variance) and 3540 Southfork. Staff will be presenting additional information on items such as the sewer lateral at during the presentation at the City Council meeting.
Staff recommends that the City Council uphold the Planning Commission decision and approve said Variance 2023-01, by adopting the attached resolution for approval. Should the City Council determine to overturn the decision of the Planning Commission and deny the Variance, a resolution for denial will be brought back to the City Council at the scheduled meeting of April 5, 2023.
Noticing: Notices of said appeal were mailed to surrounding property owners within the required radius with at least 25 properties notified as required for public hearings. At the time of writing this report, no comments have been received.
FISCAL IMPACT:
Not applicable for this item.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Plan directive #4 - Enhance the stakeholder experience, engage the community, and build brand awareness through proactive, effective and consistent communication
REVIEWED AND APPROVED BY:
ATTACHMENT(S):
Exhibit A
Exhibit B
Exhibit C
Resolution No. 2023-XX
Planning Commission
STAFF REPORT
Date: February 8, 2023 Agenda Item:
6.B.
To: Honorable Chair and Commission Members
Prepared By: Alma Robles, Planning Director
Department: Planning
SUBJECT:
Variance 2023-01 (Bacarella/Jones): A request for a Variance from the minimum net lot size requirement of 20,000 square feet of Norco Municipal Code Section 18.13.10 – “Lot and Pad Area” in the A-1 Zone, to allow a lot line adjustment on a vacant parcel on Southfork Drive with the APN 133-340-023 and located within the A-1 (Agricultural Low Destiny) Zone.
RECOMMENDATION:
Staff is recommending approval of Variance 2023-01, subject to the attached Resolution 2023-03 and Findings.
SUMMARY:
This is a request for a Variance to allow a net lot size of 16,444 square feet on the subject property, to allow staff approval of a lot line adjustment to correct a pre-existing condition where an accessory building was built on property line.
BACKGROUND:
SITE DESCRIPTION: The property is a rectangular-shaped parcel consisting of approximately 24,735 gross square feet/.57 acres, having a width of 150 feet and a maximum depth of approximately 165 feet (ref. Exhibit "A" – Location Map and Exhibit “B” APN Map). The front of the property consists of a 30-foot deep road easement that runs along the entire width of the property, which makes up a portion of a private road identified as Southfork Drive.
Excluding the road easement, the existing net square footage of the property is 20,100 square feet, which still exceeds the minimum lot size of 20,000 square feet, and the minimum street frontage and/or lot width of 80 feet required in the A-1 zone. The minimum lot depth of 150 feet (for lots created prior to 1995 after which the minimum depth went up to 200 feet) is not met being 135 feet after excluding the road easement.
EXHIBIT A
The property is presently vacant and undeveloped, except for northwest corner where a barn was built over the property line (ref. Exhibit “C” – Aerial and Site Photos). The property slopes to the northwest, with a relatively mild slope to this point.
Surround properties have an A-1 zoning designation and are developed with residential and animal keeping uses with the exception of the property to the south which is vacant.
PROJECT DESCRIPTION: A variance is being requested from the minimum net lot size requirement of 20,000 square feet of Norco Municipal Code Section 18.13.10 – “Lot and Pad Area” in the A-1 Zone.
A lot line adjustment application was submitted between the subject parcel and parcel to the north to correct a pre-existing condition where an accessory building was built (with permits) on property line. With the requested lot line adjustment, the gross square footage of the property would go from 24,735 to 20,100 square feet, but 16,444 after excluding the road easement (the net result). The subject parcel is depicted as Parcel "B" in attached Exhibit D, and depicts the existing and proposed characteristics.
Per NMC Section 18.30.18 (2), the required lot area, depth, width and frontage of any lot in any zone of City is determined by: "excluding therefrom any portion of such lot which is subject to an easement for ingress and egress to particular property, or an easement for street purposes, including vehicular and pedestrian rights of way or an easement for equestrian right-of-way purposes, irrespective of whether said easements are for public or private purposes."
A lot line adjustment is approved at staff level; however, approval of a variance by the Planning Commission is required because the proposed net square footage is under the minimum requirement of 20,000 square feet. If the variance is approved, staff can proceed with the lot line adjustment.
VARIANCE ANALYSIS: The intent and purpose for the Variance request is based upon Chapter 18.44.02 of the Norco Municipal Code. Prior to granting any variance, the following findings are required:
1.There are special characteristics attached to the subject property, which do not generally apply to other properties in the area.
Response: The configuration and characteristics of the property (along with all the properties on the west side of Southfork Drive that are all part of the same subdivision) are special in that property does not have the required depth and there is a 30-foot deep access easement on the property. The subject property has a depth of 165 feet, but which is reduced to 135 after the road easement thus not meeting the minimum net depth requirement. A property meeting the minimum depth requirement and with no road easement, provides more flexibility in meeting the minimum lot size.
2.Granting of the Variance is necessary to avoid practical difficulty, undue hardship, or results inconsistent with the general purpose of the Zoning Code.
Response: The requested variance will facilitate the approval of a lot line adjustment to correction a situation where a building was built on property line.
3.Granting of the Variance will not result in material damage or prejudice to other properties in the vicinity, nor be detrimental to the public health, safety, or welfare.
Response: The granting of the Variance would not result in prejudice to the other properties in the vicinity and would not give a special privilege to the subject property, since all property owners within the A-1 Zone have the right to apply and have a Variance approved if conditions warrant the approval. The granting of this Variance would not result in material damage or have a detrimental impact on adjacent
properties and the variance would not be detrimental to the public health, safety or welfare, as the existing structure built on property line was constructed with a building permit.
4.Granting of the Variance will not be detrimental or contrary to the General Plan.
Response: The general plan designation for the subject property is “RA" (ResidentialAgricultural) with a zoning designation of A-1 which is consistent with the General Plan. The objectives of the General Plan are to are too allow low-density residential uses in the corresponding zone and animal keeping. The requested variance is not contrary to the objectives of the General Plan because it does not inhibit or interfere with the permitted uses on the subject and adjacent properties.
The Planning Commission has directed staff to make the following additional finding prior to granting a variance.
5. Granting of the variance will not limit animal keeping on the subject lot.
Response: With or without approval of the variance, animal keeping will still be permitted on the property.
IMPACT ANALYSIS PER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA): Staff has determined that this project can be exempt from CEQA review. There are categories of projects identified in CEQA (categorical exemptions) for which if a project meets the definition criteria it is exempt from CEQA review. One of those categories is “In-Fill Development.”
NOTICING: Notices were mailed to surrounding property owners within a 300-foot radius notifying them of the subject project (with at least 25 properties notified as required by the accessory building ordinance). No written comments were received at the time this report was written.
RECOMMENDATION: Staff is recommending approval of the proposed Variance based upon the findings noted in this staff report for the approval of a variance. A resolution of approval has been attached.
FISCAL IMPACT:
N/A
RELATIONSHIP TO STRATEGIC PLAN:
N/A
ATTACHMENT(S):
Resolution 2023-03
Exhibit A
Exhibit B
Exhibit D
Exhibit C