Agenda — Norco City Council, March 6, 2024 (part 1 of 4)

AGENDA
City Council
Wednesday, March 6, 2024
Norco City Hall
Workshop - Conf. A and B
Regular Session -City Council Chamber
2870 and 2820 Clark Avenue, Norco, CA
92860
CALL TO ORDER - CONF. A AND B

CITY HALL
4:45 PM
ROLL CALL - CITY COUNCIL Kevin Bash, Mayor
Greg Newton, Mayor Pro Tem
Katherine Aleman, Council Member
Robin Grundmeyer, Council Member
Berwin Hanna, Council Member

ROLL CALL - PLANNING

COMMISSION
Jeff Shyu, Chair
Fia Sullivan, Vice Chair
Danny Azevedo, Member
Patricia Hedges, Member
Tara Young, Member
Henry Langlois, Youth Commissioner
JOINT WORKSHOP General Plan Joint Workshop with
Planning Commission

CLOSED SESSION - CITY COUNCIL CHAMBER

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (1 Potential Case - Facts and Circumstances Unknown to Potential Plaintiffs)

RECONVENE PUBLIC SESSION - CITY

COUNCIL CHAMBER
7:30 PM

REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
PLEDGE OF ALLEGIANCE Council Member Hanna
INVOCATION Pastor Rene Parish
Beacon Hill Assembly of God

1. CITY COUNCIL REPORTS ON REGIONAL BOARDS
City Council Agenda - March 6, 2024

2. PUBLIC COMMENTS
This is the time when persons wishing to address the presiding governmental body regarding the Consent Calendar, Legislative Matters or items within the subject matter jurisdiction of the legislative body. Please submit a speaker card to the Meeting Clerk. Please limit comments to three minutes or less. The Ralph M. Brown Act limits the governmental body’s ability to respond to comments on non-agendized matters at the time such comments are made. The governmental body shall not discuss or act relative to any general public comment.

3. CONSENT CALENDAR
All items listed under the Consent Calendar are considered to be routine and may be enacted by one motion. Prior to the motion to consider any action by the presiding governmental body, any public comments on any of the Consent Items will be heard. There will be no separate action unless members of the governmental body request specific items be removed from the Consent Calendar. Items removed from the Consent Calendar will be separately considered under Item 4 of the Agenda.

3.A. Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only.

RECOMMENDATION:

Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.

Staff Report - Pdf

3.B. Approval of City Council Regular Meeting Minutes.

RECOMMENDATION:

Approve the City Council Regular Meeting Minutes of February 21, 2024.

Staff Report - Pdf

3.C. Award of contract for 2023-24 Trail Fencing Installation Project RECOMMENDATION:

Accept the base bid from Valley Cities Gonzales Fencing in the amount of $361,950 for the 2023-24 Trail Fencing Installation Project and authorize the City Manager to issue a change order for the bid additive in the amount of $101,460 for trail fence removals, issue a purchase order in the amount of $463,410 and include authority for a contingency up to 10% of the total purchase order.

Staff Report - Pdf

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City Council Agenda - March 6, 2024

3.D. Acceptance of proposals by Michael Baker International and Award of Contract for Professional Design Services for Sewer Lift Station Replacement Projects Nos. 7 & 9
RECOMMENDATION:

Accept the two proposals by Michael Baker International for professional design services to replace River Road East (No. 9) and Old Hamner Road (No. 7) Sewer Lift Stations, award a design contract for River Road East (No. 9) and Old Hamner Road (No. 7) Sewer Lift Stations in the amount of $286,880; and authorize the City Manager to approve purchase orders in the amount of $143,956 and $142,924 respectively, and contract change orders up to 10 percent of the total contract amount for each project.

Staff Report - Pdf

3.E. Consideration of a resolution of the City Council of the City of Norco declaring Assessor Parcel Numbers (“APN’s”) 125-160-006, 125-180-012, and 127-220-041 exempt surplus land under the Surplus Land Act, and a resolution of the Housing Successor Agency to the former Community Redevelopment Agency of the City of Norco declaring Assessor Parcel Number (“APN”) 130-162-039 exempt surplus land under the Surplus Land Act
RECOMMENDATION:

Adopt City Council Resolution No. 2024-09 and Successor Agency Resolution No. 2024-01.

Staff Report - Pdf

4. ITEM(S) PULLED FROM CONSENT CALENDAR

5. DISCUSSION / ACTION ITEM(S)
Order of Presentation for Discussion Items:

1. Staff Report Presentation

2. Council Questions of Staff

3. Public Comment

4. Council Discussion and Action

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City Council Agenda - March 6, 2024

5.A. Resolution 2024-08 of the City Council of the City of Norco awarding a Franchise Agreement to USA Waste of California, Inc. (Waste Management) and authorizing maximum rates to be imposed and collected by USA Waste of California, Inc. for refuse and recyclable material collection and disposal services to be effective July 1, 2024, and determining that the City’s Franchise Fee and Vehicle Impact Fee are justified by the City’s costs of providing solid waste services, reasonable charges for the use of City property for solid waste services, and the costs of addressing the impacts of solid waste refuse vehicles.

RECOMMENDATION:

1. Find the proposed action is categorically exempt under the California Environmental Quality Act;

2. Award Agreement for the Provision of Integrated Waste Management Services to USA Waste of California, Inc. for residential and commercial garbage, recyclable materials, and organic waste collection services (including manure) for a 10-year base term beginning July 1, 2024, and ending June 30, 2034;

3. Direct City Manager to set a public hearing upon the Service Rates, Franchise Fee, and Vehicle Impact Fee proposed in franchise agreement and to prepare and mail the prescribed notices as required under Section 6 of Article XIII.D of the California Constitution; and

4. Adopt Resolution 2024-08 awarding a franchise agreement to USA Waste of California, Inc. and authorizing maximum rates collected by USA Waste of California, Inc. for Integrated Waste Management Services to be effective July 1, 2024, and determining that the City’s Franchise Fee and Vehicle Impact Fee are justified by the City’s costs of providing solid waste services, reasonable charges for the use of City property for solid waste services, and the costs of addressing the impacts of solid waste refuse vehicles.

Staff Report - Pdf

5.B. Feral Pigs Update - Oral Report
RECOMMENDATION:

Receive update on Feral Pigs

6. PUBLIC HEARING(S)

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City Council Agenda - March 6, 2024
Order of Presentation for Public Hearing Items:

1. Staff Report Presentation

2. Council Questions of Staff

3. Open Public Hearing
a. Public Comment

4. Close Public Hearing

5. Council Discussion and Action

6.A. Zone Code Amendment 2024-01 (City of Norco): A City initiated amendment to Title 18, Section 18.30.46 – Accessory Dwelling Units and Junior Accessory Dwelling Units, updating provisions related to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) to comply with state ADU Law.

RECOMMENDATION:

Adopt Ordinance No. 1111, approving Zone Code Amendment 2024-01.

Staff Report - Pdf

7. CITY COUNCIL / STAFF COMMUNICATIONS

8. ADJOURNMENT
In compliance with the Americans with Disabilities Act, any person who requires a modification or accommodation in order to participate in this meeting is encouraged to contact the City Clerk’s Office at (951) 270-5623 or [email protected] at least 48 hours prior to the meeting so that reasonable arrangements can be made to ensure accessibility. Staff reports are on file in the City Clerk’s Office.

Any writings or documents provided to a majority of the presiding governmental body regarding any item on this agenda will be available for public inspection at the City Clerk’s Office during normal business hours at Norco City Hall, located at 2870 Clark Avenue in Norco. The meeting is recorded.

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City Council

STAFF REPORT
Date: March 6, 2024 Agenda Item:

3.A.

To: Honorable Mayor and City Council Members
From: Dana Roa, City Clerk
Prepared By: Sophia Thompson, Deputy City Clerk
Department: City Clerk
SUBJECT:

Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only.

RECOMMENDATION:

Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.

REVIEWED AND APPROVED BY:

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City Council

STAFF REPORT
Date: March 6, 2024 Agenda Item:

3.B.

To: Honorable Mayor and City Council Members
From: Dana Roa, City Clerk
Prepared By: Sophia Thompson, Deputy City Clerk
Department: City Clerk
SUBJECT:

Approval of City Council Regular Meeting Minutes.

RECOMMENDATION:

Approve the City Council Regular Meeting Minutes of February 21, 2024.

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):

City Council - Feb 21 2024 - Minutes DRAFT

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DRAFT - MINUTES
City Council
Wednesday, February 21, 2024
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL TO ORDER 6:30 PM
ROLL CALL Kevin Bash, Mayor
Greg Newton, Mayor Pro Tem
Katherine Aleman, Council Member
Robin Grundmeyer, Council Member
Berwin Hanna, Council Member
Council Member Aleman joined the meeting remotely.

CLOSED SESSION
Mayor Bash adjourned to Closed Session at 6:30 PM.

Deputy City Attorney Halfman read the Closed Session item into the record. §54954.5 Conference with Labor Negotiator
Agency designated representatives: City Manager Sassoon Employee organization: Norco General Employees Association, Utility Workers Union of America, AFL-CIO Local 606, Unrepresented Employees: Mid-Management, Confidential, and Management Employees
RECONVENED PUBLIC SESSION 7:07 PM

REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
Deputy City Attorney Halfman stated there were no reportable actions taken in Closed Session.

PLEDGE OF ALLEGIANCE Council Member Grundmeyer
INVOCATION Pastor Erin Diaz
New Beginnings Community Church

PRESENTATIONS

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City Council Minutes - February 21, 2024
Black History Month Proclamation
Norco College UMOJA program Coordinator, Dr. Darnell Bing, Co-Coordinator, Dr.

Kiandra Jimenez, and President of the UMOJA, Ade Turner, presented information on the UMOJA program.

Mayor Bash presented the Black History Month Proclamation.

Horseweek Donations
Facilities & Maintenance Director Hamilton presented the Norco Horseweek donations.

Norco Horseweek member, Tony Barreto, spoke and thanked City Council and staff for their support.

Mayor Bash presented certificates of recognition to the members of Norco Horseweek.

Aaron Hake, Deputy Executive Director
Riverside County Transportation Commission
Deputy Executive Director Hake presented information on the Regional Conservation Authority (RCA).

Mayor Bash Commented on the RCA.

Deputy Executive Director Hake presented the Riverside County Transportation Commission 2024 Draft Traffic Relief Plan.

Council Member Hanna made a comment regarding the work RCTC has done on this plan.

Mayor Pro Tem Newton thanked Deputy Executive Director Hake and had a question.

Deputy Executive Director Hake answered questions.

Mayor Bash thanked Deputy Executive Director Hake.

1. CITY COUNCIL REPORTS ON REGIONAL BOARDS
The Mayor, Mayor Pro Tem and Council Members provided reports on their recent individual participation in committees, commissions, regional boards, and community organizations.

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City Council Minutes - February 21, 2024

2. PUBLIC COMMENTS
Tammy Norman, Paige Cleveland and Mia Cannon of the Norco Mounted Posse Rodeo Queens invited the City Council to attend the Pageant Prep Clinic at The Barn on Saturday March 2nd.

Aaron Williams spoke regarding back yard trails and the need to have them maintained. He stated volunteers can help but there are more issues that need to be addressed by City Staff and he wishes to see action taken by the City.

Greg Bowen thanked the City Council, City Staff and the community for all the work they do for the City. He stated we need to do more, including the maintenance of back yard trails and the removal of the green fence located at the arenas. He thanked Facilities & Maintenance Director Hamilton for all of her support and thanked all the volunteers.

3. CONSENT CALENDAR
a) Approval of Consent Calendar as presented.

Mayor Pro Tem Newton and Council Member Grundmeyer pulled Items 3.F. and

3.G.for discussion.

M/S HANNA/GRUNDMEYER Approve Consent Calendar as presented. The Motion was carried by the following roll call vote:

AYES: BASH, NEWTON, ALEMAN, GRUNDMEYER, AND HANNA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

3.A. Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only.

Action: Waived reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.

3.B. Approval of City Council Regular Meeting Minutes.

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City Council Minutes - February 21, 2024
Action: Approved the City Council Regular Meeting Minutes of February 7, 2024.

3.C. Acceptance of the Valley View Avenue Waterline Replacement Project as Complete
Action: Accepted the Valley View Avenue Waterline Replacement Project as complete and authorized the City Clerk to file the Notice of Completion with the County of Riverside.

3.D. Acceptance of the Norco MDP Line NA-6 Storm Drain Project as Complete Action: Accepted the Norco MDP Line NA-6 Storm Drain Project as complete and authorized the City Clerk to file the Notice of Completion with the County of Riverside.

3.E. Approve Gold Star Families Memorial Brick Program
Action: Approved Gold Star Families Memorial Brick Program.

3.H. Fiscal Year 2023-24 Second Quarter Budget Performance Report with proposed Mid- Year Amendments to the Annual Operating Budget
Action: Received and filed the FY 2023-24 Second Quarter Budget Performance Report; and approved Resolution 2024-07 appropriating various mid-year amendments to the Fiscal Year 2023-24 annual operating budget and authorizing changes in appropriations and revenues thereto.

3.I. Consideration of Resolution 2024-05 to Accept Donation from the Norco Horseweek Committee
Action: Adopted Resolution No. 2024-05 - A Resolution of the City Council of the City of Norco, California, accepting Norco Horseweek Committee's Donation of 3 E-Z-Go Golfcarts and 3 John Deer Gators for use at the Ingalls Event Center.

3.J. Approval to Declare Various City Assets as Surplus Property Action: Declared various City assets as surplus property and authorized the City Manager/Director of Finance to dispose of surplus assets through auction, donation to charitable organizations, or electronic recycling (e-cycle).

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City Council Minutes - February 21, 2024

3.K. Recap of Actions Taken by the Planning Commission at its Meeting Held on February 14, 2024
Action: Received and filed the recap of actions taken by the Planning Commission at its meeting held on February 14, 2024.

4. ITEM(S) PULLED FROM CONSENT CALENDAR

3.F. Rejection of bids for 2023-2024 Trail Fencing Installation Project Mayor Pro Tem Newton had questions and concerns.

Public Works Director Blais clarified information, answered questions and addressed concerns.

Council Member Grundmeyer had a question.

Public Works Director Blais answered the question.

Council Member Grundmeyer had concerns and commented on possible next steps.

Public Works Director Blais asked Deputy City Attorney Halfman for clarification on possible next steps.

Deputy City Attorney Halfman stated different options for the bidding process and recommended City Council accept the lowest base bid bidder and complete a change order for the removal of the existing trail fence.

Mayor Pro Tem Newton and Council Member Grundmeyer had questions and concerns regarding one of the options.

Deputy City Attorney Halfman answered questions and addressed concerns.

Following discussion, motion was made.

M/S NEWTON/GRUNDMEYER Accept the bidder with the lowest base bid and write a change order for the removal of the existing trail fence. The Motion was carried by the following roll call vote:

AYES: BASH, NEWTON, GRUNDMEYER, AND HANNA
NOES: ALEMAN

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City Council Minutes - February 21, 2024
ABSENT: NONE
ABSTAIN: NONE

3.G. Acceptance of Proposal for Water, Sewer, and Recycled Water Rate Study Professional Consulting Services
Council Member Grundmeyer stated concerns regarding the staff report.

Mayor Pro Tem Newton thanked staff for bringing the item back for discussion and stated concerns.

Council Member Hanna had questions and concerns.

Public Works Director Blais answered questions and addressed concerns.

Council Member Aleman had questions and concerns.

Public Works Director Blais answered questions and addressed concerns.

Council Member Aleman agreed with Council Member Grundmeyer and had additional concerns.

Public Works Director Blais answered questions and addressed concerns.

Council Member Grundmeyer stated additional concerns regarding the consultants.

Public Works Director Blais clarified information on the staff report.

Council Member Aleman had questions and concerns.

City Manager Sassoon answered questions and addressed concerns.

Council Member Aleman stated recommendations for the staff report.

Mayor Bash stated the history of the recycled water and commented on the importance of water. He commented on the staff report and requested that staff work on educational opportunities for the community regarding the water system and would like to see the water system incorporated in the General Plan.

Council Member Grundmeyer asked that Town Hall Meetings be brought back as they would be beneficial for discussion items such as these.

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City Council Minutes - February 21, 2024
Public Works Director Blais clarified the importance of the study.

Mayor Bash had questions.

Public Works Director Blais, Finance Director Free and City Manager Sassoon answered questions and addressed concerns.

Mayor Pro Tem Newton commented and stated concerns.

Public Works Director Blais addressed concerns.

Following discussion, motion was made.

M/S GRUNDMEYER/BASH Accept the proposal submitted by Stantec Consulting Services Inc. to provide Professional Consulting Services for the preparation of a Water, Sewer, and Reclaimed Water Rate Study in the amount not to exceed $88,655. The Motion was carried by the following roll call vote:

AYES: BASH, NEWTON, ALEMAN, GRUNDMEYER, AND HANNA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Mayor Bash called for a brief break at 9:20PM.

Mayor Bash called the meeting back to order at 9:28PM.

5. DISCUSSION / ACTION ITEM(S)

5.A. Solid Waste and Recycling Collection Services Request for Proposal - Update Public Works Director Blais introduced R3 Consultant, Carrie Baxter.

Consultant Baxter presented report on Solid Waste and Recycling Collection Services Request for Proposal Update.

Mayor Pro Tem Newton and Council Member Aleman had questions and concerns.

Consultant Baxter answered questions and addressed concerns.

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City Council Minutes - February 21, 2024
Mayor Bash opened public comment.

Paul Ryan spoke regarding regulations on trash and diversion reporting. He asked City Council to consider haulers that meet all requirements especially in regard to agricultural and animal keeping waste.

Brent Sakamoto spoke regarding not having any public meetings to discuss the proposals. He stated his concern for the franchise fee increase when the agency will be doing the billing. He spoke in regard to the overall customer service and rates.

Matt Blackburn, from Universal Waste, spoke on his concern for not being called in for interviews. He asked that all haulers be interviewed, and their proposals be discussed. He is concerned about the number of companies that were rated D and only one that received a B rating. He asked that City Council consider all of these concerns.

Greg Bowen spoke regarding issues with Waste Management and their scout haulers not using the right equipment. He is concerned with their policies when they miss a pickup and is concerned with their overall management.

Bill Naylor spoke regarding Waste Management's customer service; trash can lids being broken and the issues it causes when it rains.

Mayor Bash closed public comments.

Mayor Pro Tem Newton had questions.

Consultant Baxter answered questions.

Public Works Director Blais commented on the negotiation process.

Mayor Pro Tem Newton and City Manager Sassoon discussed questions and concerns.

Consultant Baxter and Public Works Director Blais answered questions and addressed concerns.

Mayor Bash and Council Member Aleman had concerns.

City Manager Sassoon, Deputy City Attorney Halfman and Consultant Baxter answered questions and addressed concerns.

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City Council Minutes - February 21, 2024
Mayor Bash thanked staff for their hard work.

Mayor Pro Tem Newton thanked the subcommittee for their hard work.

Council Member Hanna thanked staff and the subcommittee for their hard work.

Following discussion and without formal motion, City Council received and filed the update regarding the current status of the request for proposals for Solid Waste and Recycling Collection Services Contract.

5.B. Riverside Transmission Reliability Project (RTRP) Next Steps - Oral Report City Manager Sassoon reported an update and the next steps regarding the Riverside Transmission Reliability Project.

Mayor Pro Tem Newton thanked all the residents that called in to the CPUC in support of the City.

Council Member Hanna thanked everyone for their hard work.

Council Member Aleman had a question.

City Manager Sassoon answered the question.

Council Member Grundmeyer commented on the next steps.

Mayor Bash opened public comment.

Art Rodriquez spoke in opposition of the above ground transmission lines as they pose a fire hazard and are a risk.

Matt Blackburn spoke regarding the impact of the size of the powerlines and getting the community to come out to the site to see it firsthand.

Mayor Bash closed public comment.

Following discussion, motion was made.

M/S BASH/GRUNDMEYER Approve an additional $65,000 to the Downey Brand Contract for the RTRP Project. The Motion was carried by the following roll call vote:

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City Council Minutes - February 21, 2024
AYES: BASH, NEWTON, ALEMAN, GRUNDMEYER, AND HANNA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

6. CITY COUNCIL / STAFF COMMUNICATIONS
Deputy City Attorney Halfman thanked City Council.

Council Member Hanna thanked Facilities & Maintenance Director Hamilton and her team for putting up the lights in the truck barn at Station 47 and congratulated staff on the new equipment donated from Norco Horseweek.

Council Member Aleman made a motion to agendize a future discussion on an update to the Code of Ethics.

M/S ALEMAN/BASH Agendize a future discussion to update the Code of Ethics.

The Motion was carried by the following roll call vote:

AYES: BASH, ALEMAN, GRUNDMEYER, AND HANNA
NOES: NEWTON
ABSENT: NONE
ABSTAIN: NONE

7. ADJOURNMENT
Mayor Bash adjourned the meeting at 10:39PM.
_________________________________
Dana Roa, CMC
City Clerk

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City Council

STAFF REPORT
Date: March 6, 2024 Agenda Item:

3.C.

To: Honorable Mayor and City Council Members
From: Chad Blais, Public Works Director
Prepared By: Chad Blais, Public Works Director
Department: Public Works
SUBJECT:

Award of contract for 2023-24 Trail Fencing Installation Project RECOMMENDATION:

SUMMARY:

The City advertised its annual request for bids for the Trail Fencing Installation Project for fiscal year 2023-24 and received five bids in response. Although the bid tabulations are correct on who submitted the lowest overall bid (base bid and additive bid item), the specifications does outline the contract shall be awarded based upon the lowest responsible Bidder’s Base Bid only. In this case, the lowest base bid for installing new fencing was submitted by Valley Cities Gonzales Fence Inc. Council discussed the issue on February 21, 2024 and directed staff to bring back a contract for award to Valley Cities Gonzales Fence Inc. and include a change order for the additive bid item for fence removals.

BACKGROUND:

The City advertised the Fiscal Year 2023-24 Trail Fencing Installation Project on January 6, 2024 and received five (5) bids in response on February 7, 2024 with base bids that ranged from $361,950 to $809,625. There was also a request for bidders to submit a bid additive for removal of existing wood fencing that ranged from $74,066 to $219,830 (see attached Bid Analysis).

On February 21, 2024, the City Council discussed and considered staff's recommendation to reject all bids due to potential conflict regarding how the contract

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would be awarded. The intent of the RFP was to award the contract based on the total lowest bidder for the base bid and bid additive; however, that intent was not reflected in the RFP language. The City Council discussed the potential conflict, and based on input from the City Attorney, the City Council voted to have the contract brought forward to the base bid from Valley Cities Gonzales Fencing in the amount of $361,950 for the 2023-24 Trail Fencing Installation Project and award a change order for the bid additive in the amount of $101,460 for trail fence removals.

That contract is now presented for approval. It is recommended that the City Council award a contract to Valley Cities Gonzales Fence Inc in the amount of $361,950, authorize the City Manager to issue a change order in the amount of $101,460, and include authority for a contingency up to 10% of the total purchase order.

FISCAL IMPACT:

The 2023-24 Trail Fence Replacement Project is funded by Measure R and has a budget in the amount of $600,000 (54600.7; 132-945-43130). There is sufficient funds to cover the full bid amount.

RELATIONSHIP TO STRATEGIC PLAN:

Award of the contract for the trail fencing replacement project 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):

Bid Results - FY 2023-24 Equestrian Trail Fencing
Contract

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City of Norco
Bid Results for Project 2023-24 Equestrian Trail Fencing Project (54600.7)Issued on 01/09/2024Bid Due on February 07, 2024 12:00 PM (PST)Exported on 02/07/2024Line Totals (Unit Price * Quantity) Item Item Code Description Unit Qty Unit Price Line Total Unit Price Line Total 1 Base Bid
Install 42” High White PVC (Vinyl) Equestrian Trail Fencing per City Standards per the matrix included in these specifications including mobilization and traffic control at ________________ Per Linear Foot LF 19,050 $19.30 $367,665.00 $19.00 $361,950.00 Subtotal $367,665.00 $361,950.00
2 Add Alternate
Remove Equestrian Trail Fencing, haul and disposal per Exhibit A, including mobilization and traffic control at ___________ Per Linear Foot LF 16,910 $4.38 $74,065.80 $6.00 $101,460.00 Subtotal $74,065.80 $101,460.00Total $441,730.80 $463,410.00 Ferreira Construction Co,
Inc.

DBA Ferreira Coastal
Construction
Valley Cities Gonzales
Fence Inc.

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City of Norco
Bid Results for Project 2023-24 Equestrian Trail Fencing Project (54600.7)Issued on 01/09/2024Bid Due on February 07, 2024 12:00 PM (PST)Exported on 02/07/2024Line Totals (Unit Price * Quantity) Item Item Code Description Unit Qty
1 Base Bid
Install 42” High White PVC (Vinyl) Equestrian Trail Fencing per City Standards per the matrix included in these specifications including mobilization and traffic control at ________________ Per Linear Foot LF 19,050 2 Add Alternate
Remove Equestrian Trail Fencing, haul and disposal per Exhibit A, including mobilization and traffic control at ___________ Per Linear Foot LF 16,910 Unit Price Line Total Unit Price Line Total
$20.40 $388,620.00 $23.00 $438,150.00
$388,620.00 $438,150.00
$6.50 $109,915.00 $9.40 $158,954.00
$109,915.00 $158,954.00$498,535.00 $597,104.00
Everfence Fence Corp

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City of Norco
Bid Results for Project 2023-24 Equestrian Trail Fencing Project (54600.7)Issued on 01/09/2024Bid Due on February 07, 2024 12:00 PM (PST)Exported on 02/07/2024Line Totals (Unit Price * Quantity) Item Item Code Description Unit Qty
1 Base Bid
Install 42” High White PVC (Vinyl) Equestrian Trail Fencing per City Standards per the matrix included in these specifications including mobilization and traffic control at ________________ Per Linear Foot LF 19,050 2 Add Alternate
Remove Equestrian Trail Fencing, haul and disposal per Exhibit A, including mobilization and traffic control at ___________ Per Linear Foot LF 16,910 Unit Price Line Total Unit Price Line Total
$25.98 $494,919.00 $37.20 $708,660.00
$494,919.00 $708,660.00
$11.86 $200,552.60 $5.39 $91,144.90
$200,552.60 $91,144.90$695,471.60 $799,804.90
Red Hawk Services, Inc.

J & A Engineering
Corp.

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City of Norco
Bid Results for Project 2023-24 Equestrian Trail Fencing Project (54600.7)Issued on 01/09/2024Bid Due on February 07, 2024 12:00 PM (PST)Exported on 02/07/2024Line Totals (Unit Price * Quantity) Item Item Code Description Unit Qty
1 Base Bid
Install 42” High White PVC (Vinyl) Equestrian Trail Fencing per City Standards per the matrix included in these specifications including mobilization and traffic control at ________________ Per Linear Foot LF 19,050 2 Add Alternate
Remove Equestrian Trail Fencing, haul and disposal per Exhibit A, including mobilization and traffic control at ___________ Per Linear Foot LF 16,910 Unit
Price Line Total
$42.50 $809,625.00
$809,625.00
$13.00 $219,830.00
$219,830.00
$1,029,455.00
Izurieta Fence
Company, Inc.

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CA-1

CITY OF NORCO
2023-24 EQUESTRIAN TRAIL FENCE PROJECT

AGREEMENT

1. Parties and Date.

This Agreement is made and entered into this 6th day of March, 2024 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 Valley Cities Gonzales Fence Inc.., a corporation with its principal place of business at 1338 Sixth Street, Norco, CA 92860 (hereinafter referred to as “Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. Recitals.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provisions of the 2023-24 Equestrian Trail Fencing Project on the terms and conditions set forth in this Agreement.

Contractor represents that it is experienced in constructing trail fence improvements for public clients, that it and its employees or subcontractors 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 Contractor to render such services for the 2023-24 Equestrian Trail Fencing Project (“Project”) as set forth in this Agreement.

3. Terms.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to construct the improvements outlined by the Project.

The Project is more particularly described in Exhibit A attached hereto and incorporated herein by reference. The 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 120 working days. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Project shall be constructed by Contractor or under its supervision. Contractor will determine the means, methods and details of constructing the Project subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

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Any additional personnel constructing the Project under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor 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.

Contractor 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. Contractor shall construct the Project expeditiously, within the term of this Agreement, and in accordance with the Project timeframe set forth herein.

Contractor represents that it has the professional and technical personnel required to construct the Project in conformance with such conditions. In order to facilitate Contractor’s conformance with the Project timeframe, City shall respond to Contractor’s Requests for Information in a timely manner. Upon request of City, Contractor 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 Contractor 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. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.5 Contractor’s Representative. Contractor hereby designates Dave Gonzales – President, or his designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’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. Contractor agrees to work closely with City staff in the construction 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. Contractor shall construct 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. Contractor represents and maintains that it is skilled in the professional calling necessary to construct the Project. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to construct the Project. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to construct 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, Contractor 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 Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its subcontractors who is determined by the City to be uncooperative, incompetent, a threat to the

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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 Contractor and shall not be re-employed to perform any work on the Project.

3.2.7.1 Period of Performance and Liquidated Damages. Contractor shall perform and complete the Project under this Agreement within the term set forth in Section 3.1.2 above (“Term”). Contractor shall construct the Project in strict accordance with any timeframe provided herein, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Project is not completed within the aforementioned Term and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of $1000.00 per working day:

3.2.8 Laws and Regulations. Contractor 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. Contractor shall be liable for all violations of such laws and regulations in connection with the Project. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor 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.

3.2.9 Insurance.

3.2.9.1 Time for Compliance. Contractor 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, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.

3.2.9.2 Minimum Requirements. Throughout the life of this Contract, Contractor 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:

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$2,000,000 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 $4,000,000 general aggregate
(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) BUILDERS RISK (Course of Construction) insurance in an amount equal to the completed value of the project with no coinsurance penalty provisions. (Only required if the project includes new construction of a building; or renovation of, or addition to, an existing building.)
(vi) CONTRACTORS POLLUTION LIABILITY (Unless waived in
writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is required for all environmental and water remediation work and for all work transporting fuel. Unless waived in writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is also required for demolition, renovation, HVAC, plumbing or electrical (including, without limitation, lighting) work on any structure built prior to the year 1990.) insurance with limits of liability of not less than the following:
$1,000,000 per occurrence or claim
$2,000,000 general aggregate per annual policy period
In the event Contractor 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).

Should this Contract involves any lead based, mold or asbestos environmental hazard, either the Automobile Liability insurance policy or the Contractors Pollution Liability insurance policy shall be endorsed to include Transportation Pollution Liability insurance covering materials to be transported by Contractor pursuant to the Contract.

In the event this Contract involves any lead-based environmental hazard (e.g., lead based paint), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for lead based environmental hazards. In the event this Contract involves any asbestos environmental hazard (e.g., asbestos remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for asbestos environmental hazards. In the event this Contract involves any mold environmental hazard (e.g., mold remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for mold environmental hazards and “microbial matter including mold” within the definition of “Pollution” under the policy.

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Contractor shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Contractor 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 in his/her sole discretion. 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 City, its officers, officials, employees and agents; or (ii) Contractor shall provide a financial guarantee, satisfactory to the City Manager or his/her designee in his/her sole discretion, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or selfinsured 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, Contractor 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, Contractor shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.

The General Liability and Automobile Liability insurance policies shall be written on an occurrence form. The Contractors Pollution Liability insurance policy shall be written on either an occurrence form, or a claims-made form. The General Liability (including ongoing operations and completed operations), Automobile Liability and Contractors Pollution Liability insurance policies shall name City, its officers, officials, employees and agents as an additional insured. All such policies of insurance shall be endorsed so Contractor’s insurance shall be primary and no contribution shall be required of City, its officers, officials, employees and agents. The Builders Risk (Course of Construction) insurance policy shall be endorsed to name the City as a loss payee. Any Workers’ Compensation insurance policy shall contain a waiver of subrogation as to City, its officers, officials, employees and agents. The coverage(s) shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees and agents. If Contractor maintains higher limits of liability than the minimums shown above, City requires and shall be entitled to coverage for the higher limits of liability maintained by Contractor.

Claims-Made Policies – If any coverage required is written on a claims-made coverage form:
(i) The retroactive date must be shown, and must be before the effective date of the Contract or the commencement of work by Contractor.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least 5 years after completion of the work or termination of the Contract, whichever first occurs. (iii) 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 Contract, or work commencement date, Contractor must purchase extended reporting period coverage for a minimum of 5 years after completion of the work or termination of the Contract, whichever first occurs.
(iv) A copy of the claims reporting requirements must be submitted to City for review.

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(v) These requirements shall survive expiration or termination of the Contract.

Contractor 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’s Risk Manager or his/her designee in his/her sole discretion prior to City’s execution of the Contract and before work commences. Upon request of City, Contractor shall immediately furnish City with a complete copy of any insurance policy required under this Contract, 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 Contract.

If at any time during the life of the Contract or any extension, Contractor or any of its subcontractors fail to maintain any required insurance in full force and effect, all work under this Contract shall be discontinued immediately, and all payments due or that become due to Contractor shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Contract. No action taken by City hereunder shall in any way relieve Contractor of its responsibilities under this Contract.

The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Contract. The duty to indemnify City 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 Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its principals, officers, agents, employees, persons under the supervision of Contractor, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.

In the event of a partial or total destruction by the perils insured against of any or all of the work and/or materials herein provided for at any time prior to the final completion of the Contract and the final acceptance by the City of the work or materials to be performed or supplied thereunder, the Contractor shall promptly reconstruct, repair, replace, or restore all work or materials so destroyed or injured at his/her sole cost and expense. Nothing herein provided for shall in any way excuse the Contractor or his/her insurance company from the obligation of furnishing all the required materials and completing the work in full compliance with the terms of the Contract.

If Contractor should subcontract all or any portion of the services to be performed under this Contract, Contractor shall require each subcontractor to provide insurance protection in favor of City, its officers, officials, employees and agents in accordance with the terms of each of the preceding paragraphs, except that the subcontractors’ certificates and endorsements shall be on file with Contractor and City prior to the commencement of any work by the subcontractor.

3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In constructing the Project, the Contractor 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 subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space

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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.

3.2.11 Bonds.

3.2.11.1 Performance Bond. Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-toexceed compensation indicated in this Agreement, and in a form provided or approved by the City.

If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.11.2 Payment Bond. Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by City.

3.2.11.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City.

To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.11.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all construction services rendered under this Agreement at the rates set forth in Exhibit B attached hereto and incorporated herein by reference. 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. Contractor shall submit to City a monthly itemized statement which indicates work completed by Contractor. The statement shall describe

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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. Contractor 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 Contractor 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.

Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.5 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor 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. Contractor 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 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.

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3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 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.

3.5.2 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:

Contractor:

Valley Cities Gonzales Fence Inc.
1338 Sixth Street
Norco, CA 92860
Attention: Dave Gonzales - President
City:

City of Norco
2870 Clark Avenue
Norco, CA 92860
Attention: Director of Public Works
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the US Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 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.

3.5.4 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.

3.5.5 Indemnification. To the furthest extent allowed by law, including California Civil Code section 2782, Contractor shall indemnify, hold harmless and defend 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) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Agreement. Contractor’s obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs

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or damages caused by the active or sole negligence, or the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers.

If Contractor should subcontract all or any portion of the work to be performed under this Agreement, Contractor shall require each subcontractor to indemnify, hold harmless and defend 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.

3.5.6 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.

3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.

3.5.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.9 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

3.5.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.11 Assignment or Transfer. Contractor 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.

3.5.12 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 Contractor include all personnel, employees, agents, and subcontractors of Contractor, 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.

3.5.13 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.14 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.

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3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.16 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.

3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors 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.

3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, 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. Contractor 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.

3.5.19 Labor Certification. By its signature hereunder, Contractor 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.

3.5.20 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

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3.6 Subcontracting.

3.6.1 Prior Approval Required. Contractor 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.

Name of Contractor: Valley Cities Gonzales Fence Inc.
*By:
________________________________________________
Signature
________________________________________________
Dave Gonzales - President
OWNER: CITY OF NORCO, a municipal corporation
*By:
________________________________________________
Kevin Bash, Mayor
ATTEST:
________________________________________________
Dana Roa, CMC, City Clerk
APPROVED AS TO FORM:
________________________________________________
Harper & Burns, LLP, City Attorney

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EXHIBIT A
Scope of 2023-24 Equestrian Trail Fencing Project
The items of work to be done consist of furnishing all materials, equipment, tools, labor and incidentals required for the 2023-24 Equestrian Trail Fencing Project as set forth in the Plans, Specifications and Contract Documents therefore, and to perform all work in the manner and time prescribed therein to construct and install trail fencing at various locations and all appurtenant related work to the satisfaction and acceptable of the City Engineer or Director of Public Works.

Installation of new fencing may require hand digging as needed if utility conflicts are present.

The general location of the work is as follows:

LOCATION REMOVAL LINEAR

FOOTAGE

NEW FENCING

LINEAR FOOTAGE
Quiet Hills Ct (All) 270 300
Vine Street (Corydon Ave to East End) 460 470
Parkridge Avenue (Second St to Dales Dr) 1,480 1,360
Parkridge Avenue (First St to Westen Ave) 1,300 1,470
Belgium Drive (All) 2,240 2,450
Pacer Drive (All) 2,010 2,070
Dales Drive (All) 1,100 1,200
Morgan Drive (All) 900 1,000
Welsh Drive (All) 150 350
Three Bar Lane (North End) - 740
Dapplegrey (All) 1,840 1,820
Detroit St (Valley View Ave to I-15 Fwy) 860 1,120
Viceroy Ave (All) 700 700
Pinto Pl (All) 1,000 1,050
Wyatt Cir (All) 700 700
Walking Horse Ranch Drive (All) 1,000 1,000
Crestview Dr (Sixth St to East St) 900 1,250

TOTAL 16,910 19,050

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CA-13

EXHIBIT B
Bid Document

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Director of Public Works

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CA-14

CONTRACT PERFORMANCE BOND
(CALIFORNIA PUBLIC WORK)
KNOW ALL MEN BY THESE PRESENT:

THAT WHEREAS, the City of Norco (sometimes referred to hereinafter as “Obligee”) has awarded to ___________________________________________________________ ___________________________________________________________ (hereinafter designated as the “Contractor”), an agreement for the work described as follows:
2023-24 EQUESTRIAN TRAIL FENCING PROJECT
The general items of work to be done hereunder consist of:

NOW, THEREFORE, we, ____________________________________________, the undersigned Contractor, as Principal, and ____________________________________ ________________________________, a corporation organized and existing under the laws of the State of____________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Norco in the sum of ______________________________________________________ Dollars ($ _________________), said sum being not less than 100 percent of the total amount payable by the said Obligee under the terms to the said Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the bounden Contractor, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract and any alteration thereof made as therein provided, on his or its parts, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one

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CA-15
year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated in said Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration of addition to the terms of the Contract, or to the work or to the Specifications.

No final settlement between the Obligee and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

Contractor and Surety agree that if the Obligee is required to engage the services of an attorney in connection with enforcement of the bond, each shall pay Obligee’s reasonable attorney’s fees incurred, with or without suit, in addition to the above sum.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this ____ day of _________, 2024.

PRINCIPAL/CONTRACTOR:
_________________________________
By: ______________________________
SURETY:
_________________________________
By: ______________________________
Attorney-in-Fact
The rate of premium on this bond is _________________________ per thousand.

The total amount of premium charged: $_____________________________________ (The above must be filled in by corporate surety).

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CA-16
IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department’s most current list (Circular 570 as amended). THIS IS A REQUIRED FORM.

Any claims under this bond may be addressed to:
(Name and Address of Surety) ________________________________ ________________________________
________________________________
(Name and Address of Agent or ________________________________ Representative for service of
process in California if ________________________________ different from above)
________________________________
(Telephone Number of Surety and ________________________________ Agent or Representative for
service of process in California) ________________________________ ________________________________
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) ss.

COUNTY OF )

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CA-17
On this ____ day of ___________, in the year _________, before me, ______________________, a Notary Public in and for said State, personally appeared ____________________________, known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the _________________________ (Surety) and acknowledged to me that he subscribed the name of the ______________________________ (Surety) thereto and his own name as Attorney-in-Fact.

Notary Public in and for said State
(SEAL)
Commission expires:______________________________
NOTE:

A copy of the Power of Attorney to local representatives of the bonding company must be attached hereto.

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CA-18

PAYMENT BOND
(CALIFORNIA PUBLIC WORK)
KNOW ALL MEN BY THESE PRESENT:

THAT WHEREAS, the City of Norco (sometimes referred to hereinafter as Obligee” has awarded to ____________________________________________________________ __________________________________(hereinafter designated as the “Contractor”), an agreement dated________________________________, described as follows:
2023-24 EQUESTRIAN TRAIL FENCING PROJECT
The general items of work to be done hereunder consist of:

The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as necessary and required to construct and install trail fencing at various locations and all appurtenant related work to the satisfaction and acceptance of the City Engineer and Director of Public Works.
(hereinafter referred to as the “Contract”) and
WHEREAS, said Contractor is required to furnish a bond in connection with said Contract and pursuant to Section 3247 of the California Civil Code; NOW, THEREFORE, We, _______________________________________________, the undersigned Contractor, as Principal; and __________________________________ ______________________________________________________________________ _
a corporation organized and existing under the laws of the State of __________________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Norco and to any and all persons, companies, or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of
________________________________________________________________Dollars ($ _________________), said sum being not less than 100 percent of the total amount payable by the said Obligee under the terms of the said Contract, for which payment will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs, executors, administrators, successors, or assigns, or Subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery, or power used in, upon, for, or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with

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CA-19
respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of paid Contractor and his Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the Civil Code, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will insure to the benefit of any and all persons, companies, and corporations entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or additions to the terms of the said Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the Specifications.

No final settlement between the Obligee and the Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

Contractor and Surety agree that if the Obligee is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay Obligee’s reasonable attorney’s fees incurred, with or without suit, in addition to the above sum.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _____day of_______________, 20__.

PRINCIPAL/CONTRACTOR:

_____________________________________

By: __________________________________
SURETY:

_____________________________________
By: __________________________________
Attorney-in-Fact

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CA-20
The rate of premium on this bond is ________________________ per thousand.

The total amount of premium charged: $ _____________________________________ (The above must be filled in by corporate Surety).

IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department’s most current list (Circular 570 as amended). THIS IS A REQUIRED FORM.

Any claims under this bond may be addressed to:
(Name and Address of Surety) _______________________________ _______________________________

_______________________________
(Name and Address of Agent or _______________________________ Representative for service of
process in California if _______________________________ different from above)
_______________________________
(Telephone Number of Surety and _______________________________ Agent or Representative for
service of process in California _______________________________

_______________________________
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) ss.

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CA-21

COUNTY OF )
On ______________________, before me, __________________________________, personally appeared _________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Signature (SEAL)
NOTE:

A copy of the Power of Attorney to local representatives of the bonding company must be attached hereto.

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CA-22

GENERAL LIABILITY ENDORSEMENT

CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5678
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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CA-23

9. Description of Project:
2023-24 EQUESTRIAN TRAIL FENCING PROJECT
The general items of work to be done hereunder consist of:

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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CA-25
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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CA-26

AUTOMOBILE LIABILITY ENDORSEMENT

CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5678
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

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CA-27
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) 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.

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CA-28
C. INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:

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CA-29
WORKER’S COMPENSATION/EMPLOYER’S LIABILITY ENDORSEMENT

CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5678
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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CA-30
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: ____________________________________________________

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CA-31

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CA-32

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CA-33

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CA-34

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City Council

STAFF REPORT
Date: March 6, 2024 Agenda Item:

3.D.

To: Honorable Mayor and City Council Members
From: Chad Blais, Public Works Director
Prepared By: Chad Blais, Public Works Director
Department: Public Works
SUBJECT:

Acceptance of proposals by Michael Baker International and Award of Contract for Professional Design Services for Sewer Lift Station Replacement Projects Nos. 7 & 9 RECOMMENDATION:

SUMMARY:

River Road East (No. 9) and Old Hamner Road (No. 7) Sewer Lift Stations are part of the planned 2023-24 fiscal year capital improvement projects. Public Works requested proposals for professional design services and received proposals from Krieger & Stewart and Michael Baker International. Both design firms have completed design work on replacement of sewer lift stations for Norco in the past. Public Works is recommending City Council accept the proposal by Michael Baker International for professional design services to replace River Road East (No. 9) and Old Hamner Road (No. 7) Sewer Lift Stations, award a contract in the amount of $286,880, and authorize the City Manager to approve individual purchase orders for each project and contract change orders up to 10 percent of each project.

BACKGROUND:

Public Works previously completed a city-wide sewer lift station assessment in 2020 to determine the overall condition of each sewer lift station and what upgrades are required to meet system needs, meet current building codes, and reduce maintenance costs at aging stations. As part of that assessment report, it recommended that River Road East (No. 9) and Old Hamner Road (No. 7) Sewer Lift Stations should be

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completely replaced due to being undersized for current operational demands and ongoing maintenance costs.

In order to accomplish the required replacement, staff issued a request for proposal that outlined the project scope for design of these replacement lift stations to multiple prequalified design engineering firms. Proposals were submitted by Krieger & Stewart Engineering Consultants and Michael Baker International.

River Road East No. 9 Proposal Cost
Michael Baker International - $143,956
Krieger & Stewart - $194,000
Old Hamner Road No. 7 Proposal Cost
Michael Baker International $142,924
Krieger & Stewart $199,600
Staff reviewed and evaluated each proposal’s overall scope of work, project approach, understanding of expected deliverables, team experience, schedule, and cost. Staff rated Michael Baker International’s proposals for both projects as the most responsive and cost-effective scope of work to complete the sewer lift station design work at a cost of $143,956 for the River Road East No. 9 and $142,924 for the Old Hamner Road No.

7. Public Works is recommending City Council accept the two proposals by Michael Baker International for professional design services to replace River Road East (No. 9) and Old Hamner Road (No. 7) Sewer Lift Stations, award individual contracts for River Road East (No. 9) and Old Hamner Road (No. 7) Sewer Lift Stations in the amount of $286,880; and authorize the City Manager to approve purchase orders in the amount of $143,956 and $142,924 respectively, and contract change orders up to 10 percent of the total contract amount for each project.

FISCAL IMPACT:

Funding for design services for the replacement of River Road East No. 9 (4807.13; 147-960-43250.30) and Old Hamner Road No. 7 (4807.12; 147-960-43250.30) Sewer Lift Stations has been allocated as part of the 2023-24 fiscal year capital improvement budget in the amount of $300,000 for each project ($600,000 total available funding) from the Sewer Fund.

RELATIONSHIP TO STRATEGIC PLAN:

Award of the contract for professional sewer lift station design services 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

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Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):

Design Contract - MBI Sewer LS No. 7 & 9

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CA-1

CONTRACT AGREEMENT

CITY OF NORCO

PROFESSIONAL DESIGN SERVICES
FOR RIVER ROAD EAST (NO.9) AND OLD HAMNER ROAD (NO. 7)

SEWER LIFT STATION REPLACEMENT PROJECTS

1. Parties and Date.

This Agreement is made and entered into this 6th day of March, 2024 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 Michael Baker International, a corporation with its principal place of business at 40810 County Center Drive, Suite 200, Temecula, CA 92591 (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 the design services on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing sewer lift station design services to 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.

Consultant desires to engage the City to render such design services "Services" for the River Road East (No. 9) and Old Hamner Road (No. 7) Sewer Lift Station Replacement Projects ("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 provide the Services outlined by the River Road East (No. 9) and Old Hamner Road (No. 7) Sewer Lift Station Replacement Projects. The Projects are more particularly described in Exhibit A attached hereto and incorporated herein by reference. All design services 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. The Consultant shall not

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conduct any work unless provided written direction by the City and cannot be exceeded without written approval of the City.

3.1.2 Term. The terms of this Agreement shall begin at the Notice to Proceed and shall extend no later than the schedule outlined in the Consultant proposals for the Projects. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

3.2.1 Control and Payment of Subordinates; Independent Consultant. The 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/her designee.

3.2.5 Consultant’s Representative. Consultant hereby designates Christopher Alberts – Office Executive or his/her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Project, using his best skill and attention, and shall be responsible for all means, methods, techniques, CA-2

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CA-3
sequences and procedures and for the satisfactory coordination of all portions of the Project under this Agreement.

3.2.6 Coordination of Projects. 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 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

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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 Projects or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.8.1.

3.2.8.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub-subcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.8.1 or 3.2.8.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.2.8.2); or (3) failure to immediately remove from the Projects any person found not to be in compliance with such requirements.

3.2.8.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.2.8.5 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.2.8.6 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting

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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:
$2,000,000 per occurrence for bodily injury and property damage $2,000,000 per occurrence for personal and advertising injury $2,000,000 aggregate for products and completed operations $4,000,000 general aggregate
(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

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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 the City, its council members, officers, officials, employees and agents; or (ii) Consultant shall provide a financial guarantee, satisfactory to the City Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall the City be responsible for the payment of any deductibles or self-insured retentions.

All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Consultant shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Consultant shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.

The General Liability and Automobile Liability insurance policies shall be written on an occurrence form. The General Liability (including ongoing and completed operations) and Automobile Liability shall name City and its officers, officials, employees, agents and volunteers as an additional insured. Such policy/ies of insurance shall be endorsed so Consultant’s insurance shall be primary and no contribution shall be required of City. The coverage shall contain no special limitations on the scope of protection afforded to the City and its officers, officials, employees, agents and volunteers. The Workers’ Compensation insurance policy shall contain a waiver of subrogation as to City and its officers, officials, employees, agents and volunteers. Should Consultant maintain insurance with broader coverage and/or limits of liability greater than those shown above, City requires and shall be entitled to the broader coverage and/or the higher limits of liability maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

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If the Professional Liability (Errors and Omissions) insurance policy is written on a claimsmade form:

1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by Consultant.

2. Insurance must be maintained and evidence of insurance must be provided for at least 3 years after any expiration or termination of the Agreement or, in the alternative, the policy shall be endorsed to provide not less than a 3-year discovery period.

3. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by Consultant, Consultant must purchase extended reporting coverage for a minimum of 3 years following the expiration or termination of the Agreement.

4. A copy of the claims reporting requirements must be submitted to the City for review.

5. These requirements shall survive expiration or termination of the Agreement.

Consultant shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City Manager or his/her designee prior to City’s execution of the Agreement and before work commences.

If at any time during the life of this Agreement or any extension, Consultant or any of its subconsultants fail to maintain any required insurance in full force and effect, all work under this Agreement shall be discontinued immediately, and all payments due or that become due to Consultant shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement. No action taken by City hereunder shall in any way relieve Consultant of its responsibilities under this Agreement.

Upon request of City, Consultant shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement.

The fact that insurance is obtained by Consultant shall not be deemed to release or diminish the liability of Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City and its officers, officials, employees, agents and volunteers shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation

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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 Projects, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.3 Fees and Payments.

3.3.1 Rates and Total Compensation. Consultant shall receive compensation, including authorized reimbursements, for all design services rendered under this Agreement at the rates set forth in Exhibit B for each design Projects, attached hereto and incorporated herein by reference. The total compensation, including authorized reimbursements, shall not exceed the total costs outline in Exhibit B. Extra work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.

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

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work which is determined by City to be necessary for the proper completion of the Projects, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.5 Ownership of Materials and Confidentiality

3.5.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically, electronically or otherwise recorded or stored, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of five (5) years following completion of the Projects, and shall make copies available to City upon the payment of actual reasonable duplication costs. In addition, before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

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

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which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.5.2 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Projects or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than these Projects without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than these Projects, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of

3.6 General Provisions.

3.6.1 Termination of Agreement.

3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination.

Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the follow address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant:

City:

Michael Baker International
40810 County Center Drive, Suite 200
Temecula, CA 92591
Attention: Christopher Alberts - Office Executive
City of Norco
2870 Clark Avenue

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Norco, CA 92860
Attention: Director of Public Works
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the US Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.6.4 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.

3.6.5 Indemnification. To the furthest extent allowed by law, Consultant shall indemnify, hold harmless and defend the City and its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant, its principals, officers, employees, agents or volunteers in the performance of this Agreement.

If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall require each sub-consultant to indemnify, hold harmless and defend the City and its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.

This section shall survive termination or expiration of this Agreement.

3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.6.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.

3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.6.9 City’s Right to Employ Other Consultants. City reserves right to employ other Consultants in connection with these Projects.

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3.6.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.6.11 Assignment or Transfer. Consultant shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be work days (Monday through Friday, excluding holidays). All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

3.6.13 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

3.6.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

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

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term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.6.18 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any sub-consultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.6.19 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.6.20 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.

Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.6.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.7 Subcontracting.

3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

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NAME OF CONSULTANT: Michael Baker International
*By:
_________________________
Christopher Alberts - Office Executive
OWNER: CITY OF NORCO, a municipal corporation
*By:
________________________________________________
Kevin Bash, Mayor
ATTEST:
________________________________________________
Dana Roa, CMC, City Clerk
APPROVED AS TO FORM:
________________________________________________
Harper & Burns, LLC., City Attorney

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EXHIBIT A
Scope of Work for Design Services
for
River Road East (No.9) and Old Hamner Road (No. 7)
Sewer Lift Station Replacement Projects
(See Attachments)

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We Make A Difference
December 13, 2023
City of Norco
Department of Public Works, Engineering Counter
2870 Clark Avenue
Norco, California 92522
Attn: Sam Nelson, Deputy City Engineer, [email protected] RE: Proposal for Professional Engineering and Design Services for Sewer Lift Station No. 9 Replacement Project The Michael Baker team proposed for this project is the same team leadership that provided sewer lift station inspection services for the City and also provided design and construction support for the River Road and Oldenburg Land sewer lift station replacement.

As part of those projects, we performed site inspections of 10 sewer lift stations and a sewer grinder station. The Lift Station No. 9 lift station replacement will be very similar to the River Road lift station replacement. The same fundamental elements and approaches will be incorporated, including refurbishment and reuse of the existing wet well, and the design will be adjusted for the unique location and operational requirements of Lift Station No. 9.

The Michael Baker Team understands what is needed for the improvements to increase the reliability and performance of the lift station, and to also address any safety issues. The team that Michael Baker brings to this project is actively working on wastewater lift station projects and will not need any “ramp up” time to review wastewater lift station design and approach. The team has the experience and knowledge to hit the ground running. Michael Baker has provided design services for more than 40 wastewater lift stations. A brief list of similar projects is provided in this proposal.

Mr. Miles Costanza, PE, will be the key point of contact for correspondence with the City and will be responsible for providing oversight of all engineering tasks. He will be supported by electrical engineering manager, Mr. Marek Przywara, PE, and senior structural engineering manager, Mr. Sal Sheikh, PE. QA/QC will be provided by, Mr. John Nagle, PE. John will serve as a technical advisor to the team during the project.

Michael Baker has a depth of services in-house, and the services performed will primarily be performed by Michael Baker staff. Subconsultants will be used for specialty services only. Leighton Consulting will provide geotechnical exploration, and Boudreau Pipeline will provide pothole exploration.

We welcome any specific questions you may have. Miles can be reached at 951-506-2086 or by email at [email protected].

Michael Baker International
Miles Costanza, PE
Water/Wastewater Department Manager
40810 County Center Drive | Suite 200
Temecula, CA | 92591 | 951-676-8042 Page 95 of 380
Proposal for Engineering and Design Services
Sewer Lift Station No. 9 Replacement Project
P a g e | 2

PROJECT UNDERSTANDING AND APPROACH
Based on Michael Baker’s understanding of this location and our discussions with City of Norco staff, Michael Baker’s approach to the replacement of Lift Station No. 9 is to completely replace the station operational design with a new facility using an industry-standard duplex submersible design. The replacement station will be similar in design to the newly constructed/refurbished River Road Lift Station (No. 10). This will include removal of the dry pit, the existing electrical panel, flow meter vault, and most of the existing structures with the exception of the wet well. The wet well will be cleaned, prepared and relined. A new concrete cover will be provided. The site will be leveled with a surrounding retaining wall, and a wrought iron fence will be placed on top of the wall.

The project design approach will start with collecting any available data, performing detailed research, and evaluating the best location for the replacement station and determine how to accommodate operations during construction. The preliminary design work will be critical on this project to ensure the correct location is selected and construction sequencing is considered in the design to ensure construction progress smoothly and without surprises.

Locations for Replacement Stations
Lift Station No. 9 appears to be completely located within parcel 119020023 and is located next to a Riverside County Flood Control triple cell reinforced concrete box that conveys storm water flows. The site is located within a 500-year floodplain.

The location within the parcel is shown in Figure 1. The floodplain is shown in Figure 2.

Figure 1: Assessor's Parcel Map

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Proposal for Engineering and Design Services
Sewer Lift Station No. 9 Replacement Project
P a g e | 3
Figure 2: 500-Yr Floodplain Map
The Riverside County Flood Control triple cell reinforced concrete box are part of the North Norco Channel improvements.

The record drawings for the channel improvements next to the lift station indicate that the lift station was existing at the time of the channel improvements. Because the lift station was existing and was protected in place, the replacement design will be based on the assumption that the existing elevations of the station are acceptable and do not need to be modified to be taken out of the 500-year floodplain. The record drawings of the North Norco Channel dated 2013 are shown in Figure

3. Ownership of the parcel will be confirmed, and if owned by the City, the footprint of the lift station will be expanded to accommodate parking of service trucks and a stand-by generator. In the event that the City does not own the parcel and only has an easement, the improvements will be maintained within any existing easement or land use agreements.

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Figure 3: North Norco Channel Record Drawings
This facility can overflow to the City of Corona when offline. For construction, it is assumed that the City will make arrangements for the City of Corona to accept the flows and bypass pumping will not be required.

Replacement Station Design
The existing Lift Station No. 9 is a wet-well/dry-well facility that has a confined space dry well equipment vault, which requires hazardous confined space entry for any work. This existing station will be demolished and replaced as part of this project. The existing wet well will be maintained, refinished, and converted to have a submersible duplex pump design, similar to the recently constructed Lift Station No. 10.

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Key design elements that will be included:
• Submersible pump on rails eliminating the need
to enter confined space to service the pump.
• Aesthetically pleasing and more secure site with
CMU block retaining wall and iron fencing and
gate.
• Automated gate will be provided if space allows.
• Improved and streamlined MCC line up with
generator connections.
• Shade structure to reduce solar heat gain on
electrical equipment.
• Above-grade and accessible piping, valves, and
appurtenances.
• Refinished wet well
• A new truss-style SCADA antenna tower.
• Corrosion resistant materials of construction.
• Lift station aerator to help reduce odors and scum
layer.
• Fall protection davit sockets and safety grate
below hatches.
• Emergency generator connection points with
manual transfer switch. Dedicated generator
parking will be provided if space allows.
• Discharge flow meter and bypass valve for emergency
operation connection.
• Incorporation of the City of Norco staff preferencesto make access, maintenance, and operation easier and with reduced exposure to hazards. • An engineered solution that is not locked into a specific manufacturer or vendor, allowing competitive bids and alternate suppliers for maintenance in the future.

Engineered Design vs. Packaged Station Design
Michael Baker has included a scope and fee for this project that provides a completely engineered solution provided by Michael Baker. The design elements will be engineered by in-house staff and will not be based on a “packaged system” and will not rely on a manufacturer’s design.

We have proposed this approach to provide the most robust design and to accommodate City preferences and design elements. The use of a packaged system may reduce the upfront engineering costs but will come at the tradeoff of accepting the design, layout, controls, and standards dictated by the manufacturer and not the City. The above grade lift stations currently owned and operated by the City are examples of a manufacturer’s packaged system and are being replaced.

Michael Baker believes that an engineered solution will better fit the City’s needs and will be worth the investment in the City’s infrastructure for years to come.

Design Approach
Michael Baker will reply on historical flow meter data to determine the current flow operation. This will allow us to determine a probable flow rate over various seasons and provide a deeper insight to the system operation than a traditional flow monitoring would provide. Flow monitoring would only provide a single snapshot in time and could potentially miss Figure 4: Submersible Pump Conversion

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seasonal variation. This approach assumes the City has stored flow meter data available. Otherwise, pump run time and pump capacity data can be used.

Once the station capacity is established, the lengths, grades, and elevations of the existing force main pipeline will be investigated using record drawings to determine friction losses and develop a hydraulic grade line of the force main. System head curves will be developed for the new lift station design conditions and the existing force main using different C Values to represent different conditions of the force main. We’ll also develop system curves to show how the facility will operate with one and multiple pumps running. We’ll also determine the number of starts per hour the pump would be expected to experience based on the system conditions. The wet well, emergency storage, and pumps will be sized based on estimated and projected flows into the lift stations. The facility will be designed and evaluated in accordance with City standards and as a Class 1 Division 1 location per NFPA 820. Explosion hazards may exist due to flammable gases being present in the air in quantities sufficient to produce explosive or ignitable mixtures at the lift station. Electrical equipment installed in these areas will comply with NEC and NFPA 820 requirements and shall be explosion proof rated. Materials used inside the lift station, including pump rails, lifting chains or cables, and toes will be made of corrosion resistant materials. Hatches and other access points will use industry-standard safety grating, rails, or other means to help reduce exposure of maintenance staff to hazardous conditions. Due to the exposed locations of the lift stations to the public, the lift stations will be equipped with locking enclosures on all access hatches. Controls and instrumentation will be placed in a locked plain enclosure, to help avoid temptation for tampering or vandalism that could occur.

Once the preliminary analysis is complete, a brief Technical Memorandum will be developed summarizing the findings and design conditions and submitted to the City for review. Upon acceptance of the Preliminary Design Memorandum by the City, the Michael Baker team then will proceed with the final design phase which will be submitted to the City for review at 85% and 100% completion.

Maintaining existing collection system operations will be done using a diversion of flows to the City of Corona system. The station will need to be taken completely out of service for the station rehabilitation. It is assumed that bypass pumping will not be required.

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SCOPE OF WORK

Task 1: Project Management
Task 1.1: Project Meetings and Project Management
• Project Kick-off Meeting with City Staff
• Three (3) Design Review Workshops to review the Preliminary Design, the 85% Design, and the 100% Design. • Preparation of Agendas will be provided three (3) days prior to, and minutes will be provided within five (5) working days following each meeting. City comments will be incorporated, and final minutes will be distributed. • Bi-weekly Project Progress Reports provided by email or phone discussion. • Complete QA/QC review of each deliverable prior to submission in accordance with Michael Baker’s internal Quality Assurance Plan.

Task 2: Preliminary Design Services
Task 2.1: Review Existing Documents and Data
• Michael Baker will research existing utilities using a Dig-Alert web search for known utility purveyors in the project area. Michael Baker will contact each purveyor and request record drawings or existing utilities. Using as-built plans from the purveyors, existing facilities will be plotted in the CAD files. A budget of $500 is included to cover agency fees associated with obtaining utility maps.
• Michael Baker will review City documents that pertain to the project, including design standards, record drawings, and sewer flow information.
• Michael Baker will perform a site visit with Norco staff at the 85% design to ensure that items represented on the plan appear to be consistent with field conditions.
• Michael Baker will prepare a potholing exhibit identifying potential conflicts for potholing.

Task 2.2: Design Survey
Michael Baker will perform a field survey of the project site to facilitate engineering design. The survey will be used to identify the locations and elevations of existing features and site elevations. The results of this survey will be compiled as CADD files to be used by the design team. Aerial Topographic Map of the project site are title reports are not included.

Michael Baker will review title reports provided by the City.

The site survey shall include obtaining locations, elevations and descriptions of:
• Spot elevations on hardscape features.
• Curb and gutters, sidewalks and driveways.
• Building and structure footprints, fences and walls.
• Above ground utilities including valves, pull-boxes, meters, and vaults. • All major surface features defining the shape of the terrain, such as tops and toes of slopes, grade breaks and natural ground.
• Trees over 2” in diameter
In order to include and plot the record position of the project boundary in approximate orientation with topographic base data or other overlay features, Michael Baker will perform the following tasks:
• Perform research of the available public records via on-line services to obtain maps and other items that affect the boundary location of the property;
• Prepare a preliminary record data map to be used by the field survey crew to search for a sampling of boundary monuments;
• Perform a field survey of said monuments in order to establish orientation of the record survey data in relation to the coordinate system used in the topographic mapping;

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• Plot the record boundary lines on the aerial base map, with the understanding of the Client that said record boundary is NOT the result of a comprehensive boundary survey and analysis, and that it’s orientation may disagree substantially from the position determined by a full boundary survey and analysis; Radio Path Survey Exclusion
Based on current radio performance, Michael Baker does not believe that a radio path study is required for these locations and has excluded radio path studies form the scope of work. The design will include a specification for a pre-manufactured truss antenna tower to match the existing antenna height.

Task 2.3: Preliminary Design Engineering & Memorandum
Michael Baker will prepare a brief Technical Memorandum that will evaluate the operation of the proposed lift station facility, identify equipment selection, and outline project assumptions and design decisions. The design memorandum will, at a minimum, will address the following:
• Hydraulic Analyses and Pump selection
Michael Baker will perform a hydraulic analysis and develop a system curve that will include friction and minor losses of the pumping system, and also consider elevation head of the pipeline. The manufacturer’s pump curve will be overlaid onto the system curve to determine the operational range of the pumps at high and low water levels and boundary conditions.
• Preliminary Site and Mechanical Layouts
The memorandum will include preliminary design drawings showing the mechanical and electrical equipment provided and will show the preliminary layout of the facility. The mechanical layout will use sizes of equipment based on the equipment selection identified in the memorandum. The layout will show the area required for the improvements and will serve as a basis for the legal description and plat documents.

Task 3: Final Design Services
Task 3.1: Electrical Service Entrance Replacement
Michael Baker will coordinate with the electrical utility to determine if the existing service capacity can accommodate the new established loads or a new upgrade or relocation of the of the service entrance is required. It is anticipated that one site meeting will be required for coordination of the electrical utility service. Michael Baker will prepare applications and single line diagrams for SCE to facilitate a new or relocated meter and service entrance on behalf of the City.

Task 3.2: Geotechnical Investigation
For geotechnical investigation, Michael Baker has teamed with Leighton Consulting. Leighton will perform a boring in the project areas to determine the nature of subsurface soil conditions, evaluate their in-place characteristics, and provide geotechnical recommendations for the design and construction of the Lift Station Replacements.

Task 3.3: Pothole Investigation
For pothole investigation, Michael Baker has teamed with Boudreau Pipeline Corporation. Boudreau will perform up to 10 pothole investigations at standard utility depths in the project areas (5 in at each project location) to determine the location of underground utilities for the design and construction of the Lift Station Replacements. Additional potholes, grind and overlay repairs, and potholes deeper than industry standards are not included and may incur additional costs.

Task 3.4: Preparation of 85% Contract Documents
• After City approval of the Preliminary Design, Michael Baker will prepare 85%, design plans using AutoCad Civil 3D software and City of Norco standard title block
• Michael Baker will prepare 85% Technical Specifications for the design based in CSI format based on Michael Baker’s standard specifications and incorporating City preferences.

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• Michael Baker will prepare an engineer’s opinion of probable construction costs based on industry data tables, costs of past projects, and manufacturer provided cost data. • A Design Review Meeting at 85% Completion will be conducted as identified in Task 1.1.

Task 3.5: Preparation of 100% Contract Documents
• After the 85% design review workshop, Michael Baker will prepare 100%, design plans incorporating the comments and feedback received during the 85% design workshop. • Michael Baker will prepare 100% Technical Specifications for the design incorporating the comments and feedback received during the 85% design workshop.
• Michael Baker will revise the engineer’s opinion of probable construction costs for the 100% design quantities and work items.
• A Design Review Meeting at 100% Completion will be conducted as identified in Task 1.1. • Michael Baker will prepare a bid schedule and work item descriptions for inclusion in the City’s standard front-end contract documents.

Task 3.6: Final Bid Document Preparation
• After the 100% design review workshop, Michael Baker will prepare final design plans incorporating the comments and feedback received during the 100% design workshop.
• Michael Baker will prepare Final Technical Specifications for the design incorporating the comments and feedback received during the 100% design workshop.
• Michael Baker will revise the engineer’s opinion of probable construction costs for the final design quantities and work items.

Anticipated Sheet List for Final Drawings:

T1 Title Sheet S5 Structural Canopy
G1 General Notes and Sheet Index S6 Structural Section and Details G2 Legend and Abbreviations E1 Electrical Symbols, Notes, and Abbreviations G3 Construction Notes E2 Single Line Diagram
D1 Demolition Plan and Details E3 Electrical Site Plan
C1 Lift Station Site Plan E4 Conduit, Panel, and Lighting Schedules C2 Grading Plan E5 Electrical Details 1
M1 Wet Well & Mechanical Plan and Section E6 Electrical Details 2 M2 Details 1 E7 Hazardous Area Classification
M3 Details 2 E8 Pump Control Schematic
S1 Structural Notes E9 Blower Control Schematic
S2 Foundation Plan E10 Control Panel Elevation
S4 Structural Plan and Sections E11 PLC Connection Diagram Task 4: Bidding and Construction Services
Task 4.1: Bidding Services
Michal Baker will attend a pre-construction site meeting with prospective bidders and provide responses for up to twenty (20) RFIs during the bid phase. Michael Baker will prepare one (1) bidding addendum if required. A total of 20 hours of labor is included for this task. Additional services can be provided on a time and materials basis, if required.

Task 4.2 Construction Support/Submittal Review
Michael Baker will review and approve submittals prepared by and submitted the by Contractor for compliance with the technical specifications and City standards. A total of forty (40) submittals have been budgeted for this project with an assumption that up to eight (8) submittals will require multiple resubmissions. Up to fifteen (15) RFIs are also included.

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Excessive deviation from the assumed number of submissions, resubmissions, or RFIs may require additional fee for continued support.

Michael Baker will review change order requests and proposed costs. Four (4) change orders are included in the construction submittal review.

Project Deliverables
• Technical Memorandum with Preliminary Design Drawings (pdf copies) • 85% Drawings, Technical Specifications, and Engineer’s Opinion of Probable Costs (pdf and MS Word copies) • 100% Drawings, Technical Specifications, and Engineer’s Opinion of Probable Costs (pdf and MS Word copies) • Final Bid Documents including Drawings, City of Norco Front-End Specifications, Technical Specifications, and Engineer’s Opinion of Probable Costs. Copies provided as follows:
o Electronic copies in pdf
o Electronic copies in native file formats, including MS Word, MW Excel, and AutoCAD 2018 o Two (2) Bond full size sets of Drawings
o Two (2) 8.5x11 sets of Specifications
o One (1) Mylar full size set of Drawings
• Submittal reviews and responses to RFIs provided in electronic pdf format.

Assumptions/Exclusions
• The survey fee for this scope of work is based upon an assumption that adequate and accessible boundary monumentation exists in the immediate project vicinity to control this record data survey. Street cross sections are specifically not required and not included in the site survey. • Any cost associated with the preparation and processing of a Record of Survey Map, if one becomes necessary as a legal requirement, shall be covered by the City of Norco. • An aerial image is assumed to not be required and is not included. • The City of Norco will provide a title report for the property where the facilities are located, if requested. • Specifications are limited to technical specifications only. Contract and front-end documents will be provided by the City.
• The City has reliable pump capacity and run-time data and flow monitoring is not required. • Flow calculations based on land use or land planning are not included. • The existing force main will be utilized and replacement of the force main beyond what is needed in the immediate vicinity of the replacement pump station is not required. • Arc Flash Study or coordination thereof is not included. • P&ID Drawings are not included.
• Design of SCADA systems and integration into existing SCADA system is not included. • CEQA, NOI, or other environmental work, is not included. • Construction management, inspection, construction survey, and other construction related services not specifically identified are not included.
• Development of traffic control plans, BMPs, SWPPP, QSD/QSP support are not included. • Record Drawings are not included and can be prepared for an extra cost. The fee will be based on the amount of redlines provided by the contractor at the completion of construction.

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PROJECT SCHEDULE
Michael Baker has a depth of resources located in southern California that will be used to execute the project and to maintain the project schedule. However, the project will be led from our Inland Empire water resources team located in Temecula, California.

Based on current staff availability, Michael Baker requests that the project start date occur on or after February 1, 2024.

The schedule below is based on the Old Hamner scope of work, and assumes that record drawings and other data can be provided within 2 weeks of the kickoff meeting. Michael Baker can add additional staff to the design team from our westregion offices potentially allowing the schedule to be reduced. Upon selection, the final schedule can be negotiated to suit the needs of the City.

Milestone Weeks after NTP Approximate Date
Notice to Proceed (NTP) 0 February 1, 2024
Project Kick-Off & Field Meeting 1 February 8, 2024
Project Reference Information Received 2 February 15, 2024 Submit Preliminary Design 6 March 14, 2024
Receive Comments from City 8 March 28, 2024
Prepare and Submit 85% Design 14 May 9, 2024
Receive Comments from City 16 May 23, 2024
Prepare and Submit 100% Design 18 June 6, 2024
Receive Final Comments from City 24 July 18, 2024
Final Bid Documents Ready 26 August 1, 2024
Bid Services 28 August 15, 2024

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COMPANY INFORMATION
Michael Baker is a full-service consulting firm with a professional staff of over 500 employees in Southern California. We provide professional planning, design and construction services for municipal water and wastewater infrastructure facilities, sewage lift stations, domestic water pump stations, recycled water pump stations, stormwater pump stations, and wells. Michael Baker is a strong, financially stable firm that has more than 3,000 employees across nearly 100 offices in the U.S. and is currently ranked 10th nationwide and 5th in California for Water Supply by Engineering News Record (ENR).

We have Inland Empire offices located in Temecula, Ontario and Palm Desert that execute projects under common leadership. Our primary design team for this project is located in Temecula and has the resources and the capacity to easily execute this project.

Michael Baker will bring the City a wealth of local experience that knows how to successfully execute this project. The City’s Michael Baker project manager for this project, Miles Costanza, has performed work in the area for many years, that has included extensive amounts of wastewater engineering and construction support. The City’s Michael Baker project manager, Miles Costanza also performed the inspections at Norco’s 10 wastewater lift stations, and has extensive knowledge of different configurations, operational strategies, and difficulties that operations staff encounter in wastewater lift stations. Your Michael Baker team is experienced with many types of pump station designs, pump station mechanical equipment, and will use their understanding and experience in hydraulic modelling, equipment selection, construction management, and facility operations to evaluate operating conditions during preliminary design. Our goal is to ensure the City gets a reliable lift station that works reliably and is easy to maintain.

Michael Baker is a Proven Partner for the City. Through more than 60 years of experience in the Southern California region, we’ve learned that one solution does not fit all. We work closely with agencies, cities, and communities of all sizes to help them solve their unique water and wastewater needs and challenges. Our expertise and knowledge of the industry allows us to identify and deliver practical, cost-effective solutions for rehabilitation or replacement of domestic water, recycled water, and sewer systems. Delivery of high-quality service is what our skilled teams care most about.

This project will be led by the Michael Baker Temecula Water Group. Our Temecula based water resources team specializes in water, wastewater, and corrosion projects exclusively. Our Temecula group is further supported by structural engineers, electrical engineers, specialists, and full- service support and additional wastewater expertise from our San Diego and Santa Ana water resources teams, structural teams, and dedicated electrical and controls group.

Company Overview
Year Founded: 1940
Entity Type: C Corporation
Form of Organization: Pennsylvania
Corporation
Year of Incorporation in California:
1961
Parent Company: Michael Baker
International Holdco Corporation –
100% Ownership
Contact Person:

Miles Costanza, Project Manager
40810 County Center Drive
Suite 200
Temecula, CA 92591
[email protected]
Work (951) 506-2086
Cell (480) 600-1479
Legal Name of Firm:

Michael Baker International, Inc.

Offices:

Locally: 9; Nationally: 100
Employees:

Locally: 525; Nationally: 3,000+
Days/Hours of Operation:

Monday – Friday 8:00 - 5:00

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PERSONNEL
We have placed great importance on selection of team members for this project. Michael Baker’s key personnel assigned to the City's Sewer Lift Station Replacement Project have the practical experience and technical knowledge to address all the issues associated with the proposed project and represents decades of specialized experience. Our reputation underscores our ability to meet the project needs and our quality assurance program provides in-house review by seasoned experts that complement the project team’s work. We are highly familiar with the issues associated with the project. Close communication and coordination between the City and our project engineers will be assured throughout the course of this project. Key team members assigned to this project have extensive experience in the engineering for the design and construction of wastewater infrastructure and sewage lift stations including preparation of plans, specifications, and estimates, and associated services that covers the spectrum of design. The Organization Chart below depicts key personnel and role on the project. These particular team members have worked together in developing numerous water project for cities throughout Southern California. Their record of success, project experience, and qualifications are indicative of their commitment to this project’s success.

Summary of Key Personnel Matrix

NAME YRS OF
EXP

LICENSES/ CERTIFICATIONS
Miles Costanza, PE
Project Manager
Wastewater Pumping Station Engineer
17 Professional Engineer - Civil, California, 2017, C87843 Professional Engineer, Arizona, 2013, 55059

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NAME YRS OF
EXP

LICENSES/ CERTIFICATIONS
Ivana Awayjan, EIT
Wastewater Pumping Station Engineer
7 Engineer-In-Training, California, 2018, 16-584-89
John Duquette, PLS
Site Survey
33 Professional Land Surveyor, California, 1999, 7566
Sal Sheikh, PE
Structural Engineer
49 Professional Engineer - Civil, California, 1981, 32677 Professional Engineer - Civil, Arizona, 2000, 34539
Also licensed in Nevada, Ohio, and Utah
Donald MacKay, PE
Electrical Engineer
12 Professional Engineer, Idaho, 2015, 16698
Nuclear Quality Assurance Level 1 Certification
Professional Engineer, Maryland, 2017, 05-50889
Professional Engineer - Electrical, New York, 2019, 101159 Certified Professional in Engineering Management, 2020
Marek Przywara, PE
Electrical Engineer
38 Professional Engineer - Electrical, California, 1994, 14537 Qualifications of Key Personnel
Miles Costanza, PE, Project Manager / Wastewater Pumping Station Engineer Mr. Costanza, PE has 17 years of water and wastewater engineering experience. Most of his career projects have been focused on facility design and construction, which include wastewater treatment plant facilities, chlorination facilities, and sewer lift stations. He has also provided engineering services for potable water pump stations, distribution piping, and hydraulic modelling. Mr. Costanza served as a project engineer for four continuous years on a large wastewater plant expansion beginning at 30% design and continuing with construction management services until completion of construction which included multiple wastewater pumping facilities including lift stations, scum pump station, and sludge pump stations using a variety of different types of pumps. He has also worked on facility upgrade projects that included odor control evaluation, coating upgrades, and equipment replacement. Key experience includes:
• River Road and Oldenburg Lane Sewer Lift Station Replacement for City of Norco • AWRF Wastewater Facility Expansion, the Cave Creek Water Reclamation Facility Rehabilitation • Crossroads Wastewater Lift Station expansion in Arizona • City of Norco Sewer Lift Station Assessments
• Pala Force Main design for EMWD locally in southern California John Duquette, PLS, Survey/Mapping
Mr. Duquette has many years of professional surveying experience with a broad background in boundary and right of way analysis and calculations for transportation and road improvement projects for a variety of public agencies. Key experience includes:
• River Road and Oldenburg Lane Sewer Lift Station Replacement for City of Norco • Metropolitan Water District Boundary Surveys and Record of Surveys, Southern California • Murrieta Hot Springs Road / Alta Murrieta Widening, Temecula, California • Interstate 15 / California Oaks Road Interchange Modification, Murrieta, California Sal Sheikh, PE, Structural Engineer
Mr. Sheikh has over four decades of experience including the last 30 years with Michael Baker, and will lead structural engineering tasks for the proposed project. His background includes structural design for pump stations, lift stations, well facilities, pipelines, water and wastewater treatment plants, reservoirs, culverts and encasements, flood control channels,

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bridges, sound walls, and retaining walls. He is also experienced in structural inspection, evaluation, repairs and rehabilitation of water related facilities. Key experience includes:
• River Road and Oldenburg Lane Sewer Lift Station Replacement for City of Norco • Spring Canyon Lift Station and Force Mains project
• Los Alamitos Pump Station Reconstruction for the County of Orange • Whittier Pumping Plant No. 2 Replacement for the City of Whittier • Walnut Avenue Overcrossing Pumping Plant in Orange County Donald MacKay, PE, Electrical Engineer
Mr. MacKay is a department manager with a background in electrical and control system engineering. He is experienced with federal projects that involve electrical, lighting, automation/controls, and fire protection design among others. Key experience includes:
• Los Alamitos Pump Station Reconstruction for the County of Orange • Whittier Pumping Plant No. 2 Replacement for the City of Whittier • Walnut Avenue Overcrossing Pumping Plant in Orange County Marek Przywara, PE, Electrical Engineer
Mr. Przywara has served as a project manager and/or electrical/controls engineer on the numerous water/wastewater facilities including wastewater treatment plants, pump stations, sewer stations, reservoirs, solid waste facilities, desalt plants, etc. His duties included overall responsibility for engineering, procurement and construction (EPC) related activities as well as coordinating and maintaining excellent client relations on small to medium size projects, preparation of proposals and specifications, supervision and approval of documentation and drawings, conceptual and detailed designs, generation/distribution feasibility studies, energy and power analysis, arc flash analysis, electrical safety program, controls design and SCADA implementation, systems integration, permitting support, construction phase services, start-up, commissioning and facilities testing, development of automation and control systems, systems integration, schedules, cost estimates, and coordination with vendors and clients. Key experience includes:
• North Bank Lift Station Upgrades for City of San Buenaventura • Avalon Catherine Booster Station and Pebble Beach Lift Station for City of Avalon • Yellowstone Lift Station and Force Main for City of Santa Clarita

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EXPERIENCE AND REFERENCE PROJECTS
River Road and Oldenburg Lane Sewer Lift Station Replacements, Norco, California Michael Baker is provided design and construction support of the replacement of two sewer lift stations for the City.

The Oldenburg Lane lift station was an older, above-grade lift station that was hydraulicly limited by an undersized wet well and poor suction lift. It was replaced with a new duplex, submersible-pump lift station. The new facility was built adjacent to the old facility to allow it to remain in service during construction. The project include complete site improvements with grading, retaining wall block fencing, wrought iron fence, above grade valving and piping, a sunshade, provisions for a stand-by generator, and appurtenances.

The River Road lift station was a larger wet-pit and dry-well style of station.

The original wet well was cleaned, relined, and maintained. The wet well was converted to accommodate a submersible pump duplex pump system. The dry-well that housed pumps and controls was demolished, and new piping, valving, and controls were placed above grade. The project include site improvements such as, wall block fencing, wrought iron fence, a motorized gate, above grade valving and piping, a sunshade, provisions for a stand-by generator, and appurtenances.

Michael Baker's Role: Design and construction support for a replacement of similar sewer lift station for the City of Norco Saybrook Lift Station Replacement, Huntington Beach, California Michael Baker is providing design services for the Saybrook Lane Sewer Lift Station at the intersection of Saybrook Lane and Heil Avenue. As part of the lift station replacement, Michael Baker is installing a new wet-well structure, submersible pumps, a lift system, piping and force main, a valving facility and vault, electrical service and instrumentation, and a new gas-powered generator. Additionally, Michael Baker is relocating about 2,000 feet of utilities that conflict with construction and reconfiguring traffic lanes and a median in the intersection to allow for the new lift station. The current lift station consists of a wet-well/dry- well configuration with a five-foot diameter concrete wet well and an adjacent 20- foot-deep, eight-foot diameter concrete dry pit that houses two 15-horsepower sewage pumps. Michael Baker's new concrete wet well structure will extend approximately 30 feet below ground.

Michael Baker's Role:

Design services
Lift station replacement
Wet-well/dry-well structure
Electrical engineering
Utility coordination
Traffic lanes
Client
City of Huntington Beach
2000 Main Street
Huntington Beach, California 92648
Completion Date
2021
Project Costs
$393,559
Client
City of Norco
2870 Clark Avenue
Norco, California 92522
Completion Date
2023
Project Costs
$167,526 (Design)
$49,700 (Construction Support)

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Yellowstone Lift Station and Force Main, Santa Clarita, California Michael Baker provided engineering design services for a proposed 500-gpm sewer lift station and dual force mains for the Spring Canyon Development project. The design included plans and specification detailing the various civil, structural, mechanical, and electrical design required for a fully operational facility.

The civil design elements include site grading, paving, a lift station access road, drainage, site perimeter fencing, and dual 8-inch and 6-inch HDPE force mains and discharge manholes. Structural design elements include a wet well, valve vault, and equipment/operations building. Mechanical design elements included dual submersible sewage pumps, force main mechanical piping, valves, flow meters, appurtenances, wet well/force main aeration, and valve vault and equipment building ventilation.

Electrical design elements include a motor control center, pump variable frequency drives, process instrumentation, motor and solenoid operated valves, programmable logic control integration, and local and remote controls.

Michael Baker's Role:

Civil engineering
Grading design
Structural design
Mechanical design
Electrical design
Preliminary design
Final design
Hydraulic analysis
Surveying/mapping
Permitting support
Environmental support
Architecture
HVAC design
Landmark Sewer Lift Station Design, Valencia, Santa Clarita, California Michael Baker is performing preliminary and final design services for a new lift station to convey sewage from approximately 6,000 units to the Valencia Water Reclamation Plant. The project consists of building a new cast-in-place concrete dry and wet pit lift station with a capacity of 2,650 gallons per minute, a valve and bypass vault, emergency storage tanks, odor control, electrical gear, control systems, a standby generator, and new, 17,400-foot dual-force mains. For this project, Michael Baker is providing hydraulic, civil, electrical, structural, mechanical, and HVAC design.

Michael Baker's Role:

Lift station design
Civil engineering
Mechanical
Electric HVAC
Client
Raintree
1925 Palomar Oaks Way Suite 204
Carlsbad, California 92008
Completion Date
2020
Project Costs
$2,700,736
Client
Newhall Land
23823 Valencia Blvd
Valencia, California 91355
Completion Date
2021
Project Costs
$326,580

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Santa Ana Civic Center Pump Stations Upgrades, Santa Ana, California Michael Baker performed preliminary studies and final design services to identify options, recommend upgrades, and provide final construction plans for two stormwater lift stations at the Santa Ana Civic Center. After flooding during the 2016 El Nino season, the mechanical and electrical equipment in both lift stations were deemed to have reached the end of their lifespans.

Michael Baker designed upgrades for both stations that included the replacement of pumps, sump pumps, motors, piping, and valves, structural and electrical improvements, site and drainage enhancements, and upgrades to SCADA and electrical instrumentation.

The Santa Ana station was constructed in 1963 as part of the Civic Center Construction Program and operates during storms to prevent flooding of the parking structure and southern walkways. It is a vertical concrete structure with a concrete slab separating the lower wet well from the upper dry well. The dry well is set three feet below grade and houses three pumps and the electrical equipment. These pumps are 60 horsepower (hp), 30 hp, and 15 hp, and are driven by electric motors. The 60-hp pump and motor were replaced in 2016.

Michael Baker's Role:

Preliminary studies
Final design services
Lift station upgrades
Mechanical engineering
Electrical engineering
Client
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, California 92702-1988
Completion Date
2021
Project Costs
$185,385

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RMV PA-3 Lift Station Study, Rancho Mission Viejo, California Michael Baker prepared a preliminary design report (PDR) for Rancho Mission Viejo's (RMV) Planning Area 3 (PA-3), a 2,200-acre, 7,510 dwelling unit with 510 affordable housing units located approximately 2 miles east of Antonio Parkway. To the east of PA-3 is RMV's Planning Area 4 (PA-4), which is planned as a 575- dwelling unit, including 75 affordable housing units, development located adjacent to Ortega Highway. PA-4 also includes 66 net acres of nonresidential development. All wastewater generated from PA-3 and PA-4 must be pumped to be conveyed to the Chiquita Water Reclamation Plant via the proposed PA-3 Sewer Lift Station (LS), which will be owned and operated by the Santa Margarita Water District.

The PDR is intended to support the project to move into the design of both the interim and ultimate LS facilities. Michael Baker prepared the PDR with the following objectives:
• Define the proposed LS requirements and recommend the phasing for two proposed construction alternatives • Determine the civil, mechanical, structural, and electrical facilities and equipment required for each phase of each construction alternative
• Recommend the configuration of civil, mechanical, structural, and electrical facilities and equipment for each phase of each construction alternative
• Define easement, fee parcel, and permitting requirements • Estimate the capital costs for each construction alternative • Prepare a project schedule and cost schedule for each construction alternative Client
Rancho Mission Viejo, LLC
28811 Ortega Highway
San Juan Capistrano, California 92693-
1209
Completion Date
2020
Project Costs
$106,330

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We Make A Difference
December 13, 2023
City of Norco
Department of Public Works, Engineering Counter
2870 Clark Avenue
Norco, California 92522
Attn: Sam Nelson, Deputy City Engineer, [email protected] RE: Proposal for Professional Engineering and Design Services for Old Hamner Road Sewer Lift Station No. 7 Replacement Project The Michael Baker team proposed for this project is the same team leadership that provided sewer lift station inspection services for the City and also provided design and construction support for the River Road and Oldenburg Land sewer lift station replacement.

As part of those projects, we performed site inspections of 10 sewer lift stations and a sewer grinder station. The Oldenburg Lane lift station replacement will be very similar to the Old Hamner lift station replacement. The same fundamental elements and approaches will be incorporated, and adjusted for the unique location and operational requirements of the Old Hamner Lift Station.

We welcome any specific questions you may have. Miles can be reached at 951-506-2086 or by email at [email protected].

Michael Baker International
Miles Costanza, PE
Water/Wastewater Department Manager
40810 County Center Drive | Suite 200
Temecula, CA | 92591 | 951-676-8042 Page 114 of 380
Proposal for Engineering and Design Services
Old Hamner Road Sewer Lift Station No. 7 Replacement Project P a g e | 2

Replacement Station Location
The replacement station will need to maintain the
existing footprint and location. There does not appear
to be any obvious alternatives for the site location. The two potential alternatives will be to construct a new
station across Old Hamner Road to the west, or to
extend the existing location. To make the final
decision, right-of-way mapping and an elevation
survey will be required to evaluate the property line
location in relation to the steep slope to the west. It is anticipated that a retaining wall would be required at
the westerly location. These locations are shown in
Figure 1.

Although the existing location and the potential
replacement location to the west are both located
near the Santa Ana River, both locations are outside of the 100-year flood plain. The flood plain map is shown
in Figure 2.

Bypass pumping by the contractor could be required
during construction if the existing location is used for an expanded facility footprint. Michal Baker will
provide a general layout area on the site plan for
temporary facilities and describe the general
approach for the contractor to use. The final method
of bypass during construction will be a performancebased requirement, which will allow each contractor to select the most cost-effective means and methods
of bypass pumping to provide a competitive bid. If the
westerly location is selected, the existing station can remain in service during most of the construction,
minimizing the need for bypass pumping.

Figure 1: Potential Lift Station Locations
Figure 2: Flood Plain Mapping

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Proposal for Engineering and Design Services
Old Hamner Road Sewer Lift Station No. 7 Replacement Project P a g e | 3
Replacement Station Design
The existing Old Hamner Lift Station appears to be completely located in the City’s right of way and is located between privately owned parcels with residential homes. The existing station is a wet-well/dry-well facility that has a confined space dry well equipment vault, which requires hazardous confined space entry for any work. This existing station will be demolished and replaced as part of this project. The existing wet well will be maintained as a diversion manhole.

Key design elements that will be included:
• Submersible pump on rails eliminating the need to
enter confined space to service the pump.
• Aesthetically pleasing and more secure site with CMU
block retaining wall and iron fencing and gate.
• Improved and streamlined MCC line up with generator
connections.
• Shade structure to reduce solar heat gain on electrical equipment.
• Above-grade and accessible piping, valves, and
appurtenances.
• Appropriately sized wet well that incorporated
emergency storage to facilitate additional response
time in the event of equipment failure.
• A new truss-style SCADA antenna tower.
• Corrosion resistant materials of construction.
• Lift station aerator to help reduce odors and scum
layer.
• Fall protection davit sockets and safety grate below
hatches.
• Emergency generator connection points with manual
transfer switch.
• Discharge flow meter and bypass valve for emergency
operation connection.
• Incorporation of the City of Norco staff preferences to make access, maintenance, and operation easier and
with reduced exposure to hazards.
• An engineered solution that is not locked into a
specific manufacturer or vendor, allowing
competitive bids and alternate suppliers for
maintenance in the future.

Figure 3: Submersible Pump Design

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Old Hamner Road Sewer Lift Station No. 7 Replacement Project P a g e | 4
The use of a packaged system may reduce the upfront engineering costs but will come at the tradeoff of accepting the design, layout, controls, and standards dictated by the manufacturer and not the City. The above grade lift stations currently owned and operated within the City are examples of a manufacturer’s packaged system and are being replaced. Michael Baker believes that an engineered solution will better fit the City’s needs and will be worth the investment in the City’s infrastructure for years to come.

Design Approach
Michael Baker will perform pump run time accounting to estimate the incoming flows, rather than dedicated flow monitoring at the Old Hamner Lift Station. Flow monitoring would only provide a single snapshot in time and could potentially miss seasonal variation. This approach assumes the City has stored flow meter data, pump run time data and reliable pump nameplate data available. It is anticipated that the replacement pump station will utilize pumps with a similar hydraulic capacity to the current pumps.

The replacement facility overall dimensions will be determined, and the available area will be evaluated to determine if it fits within the available space. The facility will be designed and evaluated in accordance with City standards and as a Class 1 Division 1 location per NFPA 820. Explosion hazards may exist due to flammable gases being present in the air in quantities sufficient to produce explosive or ignitable mixtures at the lift station. Electrical equipment installed in these areas will comply with NEC and NFPA 820 requirements and shall be explosion proof rated. Materials used inside the lift station, including pump rails, lifting chains or cables, and toes will be made of corrosion resistant materials. Hatches and other access points will use industry-standard safety grating, rails, or other means to help reduce exposure of maintenance staff to hazardous conditions. Due to the exposed locations of the lift stations to the public, the lift stations will be equipped with locking enclosures on all access hatches. Controls and instrumentation will be placed in a locked plain enclosure, to help avoid temptation for tampering or vandalism that could occur.

Maintaining existing system operations or providing bypass pumping during construction is of utmost importance to ensure the City’s collection systems remaining fully operational during construction. Our design will include provisions to either provide reliable, redundant bypass pumping by the contractor or keep the existing system operational. Keeping the existing system operational can provide a cost advantage in most circumstances. Michael Baker will help the City make the appropriate selection based on the project circumstances and the City’s needs.

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SCOPE OF WORK

Michael Baker will review title reports provided by the City.

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Proposal for Engineering and Design Services
Old Hamner Road Sewer Lift Station No. 7 Replacement Project P a g e | 6
• Perform a field survey of said monuments in order to establish orientation of the record survey data in relation to the coordinate system used in the topographic mapping;
• Plot the record boundary lines on the aerial base map, with the understanding of the Client that said record boundary is NOT the result of a comprehensive boundary survey and analysis, and that it’s orientation may disagree substantially from the position determined by a full boundary survey and analysis; Task 2.3 Radio Path Survey
Based on current radio performance, Michael Baker believes that a taller or more stable truss-style antenna would be beneficial. Michael Baker will provide a desk-top radio path study that will estimate the required antenna height using online RF line-of-sight tools. The design will include a specification for a pre-manufactured truss antenna tower at the recommended height.

Task 2.4: Preliminary Design Engineering & Memorandum
Michael Baker will prepare a brief Technical Memorandum that will evaluate the operation of the proposed lift station facility, identify equipment selection, and outline project assumptions and design decisions. The design memorandum will, at a minimum, will address the following:
• Hydraulic Analyses and Pump selection
Michael Baker will perform a hydraulic analysis and develop a system curve that will include friction and minor losses of the pumping system, and also consider elevation head of the pipeline. The manufacturer’s pump curve will be overlaid onto the system curve to determine the operational range of the pumps at high and low water levels and boundary conditions.
• Preliminary Site and Mechanical Layouts
The memorandum will include preliminary design drawings showing the mechanical and electrical equipment provided and will show the preliminary layout of the facility. The mechanical layout will use sizes of equipment based on the equipment selection identified in the memorandum. The layout will show the area required for the improvements and will serve as a basis for the legal description and plat documents.

Task 3.3: Pothole Investigation
For pothole investigation, Michael Baker has teamed with Boudreau Pipeline Corporation. Boudreau will perform up to 5 pothole investigations at standard utility depths in the project areas (to determine the location of underground utilities for the design and construction of the lift station. Additional potholes, grind and overlay repairs, and potholes deeper than industry standards are not included and may incur additional costs. For the Old Hamner Road location, traffic control is not included.

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Proposal for Engineering and Design Services
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Task 3.4: Preparation of 85% Contract Documents
• After City approval of the Preliminary Design, Michael Baker will prepare 85%, design plans using AutoCad Civil 3D software and City of Norco standard title block
• Michael Baker will prepare 85% Technical Specifications for the design based in CSI format based on Michael Baker’s standard specifications and incorporating City preferences. • Michael Baker will prepare an engineer’s opinion of probable construction costs based on industry data tables, costs of past projects, and manufacturer provided cost data. • A Design Review Meeting at 85% Completion will be conducted as identified in Task 1.1.

Anticipated Sheet List for Final Drawings:

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Task 4: Bidding and Construction Services
Task 4.1: Bidding Services
Michal Baker will attend a pre-construction site meeting with prospective bidders and provide responses for up to twenty (20) RFIs during the bid phase. Michael Baker will prepare one (1) bidding addendum if required. A total of 20 hours of labor is included for this task. Additional services can be provided on a time and materials basis, if required.

Excessive deviation from the assumed number of submissions, resubmissions, or RFIs may require additional fee for continued support.

Michael Baker will review change order requests and proposed costs. Four (4) change orders are included in the construction submittal review.

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• CEQA, NOI, or other environmental work, is not included. • Construction management, inspection, construction survey, and other construction related services not specifically identified are not included.
• Development of traffic control plans, BMPs, SWPPP, QSD/QSP support are not included. • Record Drawings are not included and can be prepared for an extra cost. The fee will be based on the amount of redlines provided by the contractor at the completion of construction.

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Proposal for Engineering and Design Services
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Based on current staff availability, Michael Baker requests that the project start date occur on or after February 1, 2024.

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Proposal for Engineering and Design Services
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Miles Costanza, Project Manager
40810 County Center Drive
Suite 200
Temecula, CA 92591
[email protected]
Work (951) 506-2086
Cell (480) 600-1479
Legal Name of Firm:

Michael Baker International, Inc.

Offices:

Locally: 9; Nationally: 100
Employees:

Locally: 525; Nationally: 3,000+
Days/Hours of Operation:

Monday – Friday 8:00 - 5:00

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Summary of Key Personnel Matrix

NAME YRS OF
EXP

LICENSES/ CERTIFICATIONS
Miles Costanza, PE
Project Manager
Wastewater Pumping Station Engineer
17 Professional Engineer - Civil, California, 2017, C87843 Professional Engineer, Arizona, 2013, 55059
Ivana Awayjan, EIT
Wastewater Pumping Station Engineer
7 Engineer-In-Training, California, 2018, 16-584-89
John Duquette, PLS
Site Survey
33 Professional Land Surveyor, California, 1999, 7566
Sal Sheikh, PE
Structural Engineer
49 Professional Engineer - Civil, California, 1981, 32677 Professional Engineer - Civil, Arizona, 2000, 34539
Also licensed in Nevada, Ohio, and Utah
Donald MacKay, PE
Electrical Engineer
12 Professional Engineer, Idaho, 2015, 16698
Nuclear Quality Assurance Level 1 Certification
Professional Engineer, Maryland, 2017, 05-50889
Professional Engineer - Electrical, New York, 2019, 101159 Certified Professional in Engineering Management, 2020
Marek Przywara, PE
Electrical Engineer
38 Professional Engineer - Electrical, California, 1994, 14537 Qualifications of Key Personnel
Miles Costanza, PE, Project Manager / Wastewater Pumping Station Engineer Mr. Costanza, PE has 17 years of water and wastewater engineering experience. Most of his career projects have been focused on facility design and construction, which include wastewater treatment plant facilities, chlorination facilities, and sewer lift stations. He has also provided engineering services for potable water pump stations, distribution piping, and hydraulic modelling. Mr. Costanza served as a project engineer for four continuous years on a large wastewater plant expansion beginning at 30% design and continuing with construction management services until completion of construction which included multiple wastewater pumping facilities including lift stations, scum pump station, and sludge pump stations using a variety of different types of pumps. He has also worked on facility upgrade projects that included odor control evaluation, coating upgrades, and equipment replacement. Key experience includes:
• River Road and Oldenburg Lane Sewer Lift Station Replacement for City of Norco • AWRF Wastewater Facility Expansion, the Cave Creek Water Reclamation Facility Rehabilitation • Crossroads Wastewater Lift Station expansion in Arizona • City of Norco Sewer Lift Station Assessments
• Pala Force Main design for EMWD locally in southern California John Duquette, PLS, Survey/Mapping
Mr. Duquette has many years of professional surveying experience with a broad background in boundary and right of way analysis and calculations for transportation and road improvement projects for a variety of public agencies. Key experience includes:
• River Road and Oldenburg Lane Sewer Lift Station Replacement for City of Norco • Metropolitan Water District Boundary Surveys and Record of Surveys, Southern California

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• Murrieta Hot Springs Road / Alta Murrieta Widening, Temecula, California • Interstate 15 / California Oaks Road Interchange Modification, Murrieta, California Sal Sheikh, PE, Structural Engineer
Mr. Sheikh has over four decades of experience including the last 30 years with Michael Baker, and will lead structural engineering tasks for the proposed project. His background includes structural design for pump stations, lift stations, well facilities, pipelines, water and wastewater treatment plants, reservoirs, culverts and encasements, flood control channels, bridges, sound walls, and retaining walls. He is also experienced in structural inspection, evaluation, repairs and rehabilitation of water related facilities. Key experience includes:
• River Road and Oldenburg Lane Sewer Lift Station Replacement for City of Norco • Spring Canyon Lift Station and Force Mains project
• Los Alamitos Pump Station Reconstruction for the County of Orange • Whittier Pumping Plant No. 2 Replacement for the City of Whittier • Walnut Avenue Overcrossing Pumping Plant in Orange County Donald MacKay, PE, Electrical Engineer
Mr. MacKay is a department manager with a background in electrical and control system engineering. He is experienced with federal projects that involve electrical, lighting, automation/controls, and fire protection design among others. Key experience includes:
• Los Alamitos Pump Station Reconstruction for the County of Orange • Whittier Pumping Plant No. 2 Replacement for the City of Whittier • Walnut Avenue Overcrossing Pumping Plant in Orange County Marek Przywara, PE, Electrical Engineer
Mr. Przywara has served as a project manager and/or electrical/controls engineer on the numerous water/wastewater facilities including wastewater treatment plants, pump stations, sewer stations, reservoirs, solid waste facilities, desalt plants, etc. His duties included overall responsibility for engineering, procurement and construction (EPC) related activities as well as coordinating and maintaining excellent client relations on small to medium size projects, preparation of proposals and specifications, supervision and approval of documentation and drawings, conceptual and detailed designs, generation/distribution feasibility studies, energy and power analysis, arc flash analysis, electrical safety program, controls design and SCADA implementation, systems integration, permitting support, construction phase services, start-up, commissioning and facilities testing, development of automation and control systems, systems integration, schedules, cost estimates, and coordination with vendors and clients. Key experience includes:
• North Bank Lift Station Upgrades for City of San Buenaventura • Avalon Catherine Booster Station and Pebble Beach Lift Station for City of Avalon • Yellowstone Lift Station and Force Main for City of Santa Clarita

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Old Hamner Road Sewer Lift Station No. 7 Replacement Project P a g e | 15

The River Road lift station was a larger wet-pit and dry-well style of station.

Michael Baker's Role: Design and construction support for a replacement of similar sewer lift station for the City of Norco Saybrook Lift Station Replacement, Huntington Beach, California Michael Baker is provided design services for the Saybrook Lane Sewer Lift Station at the intersection of Saybrook Lane and Heil Avenue. As part of the lift station replacement, Michael Baker is installing a new wet-well structure, submersible pumps, a lift system, piping and force main, a valving facility and vault, electrical service and instrumentation, and a new gas-powered generator. Additionally, Michael Baker is relocating about 2,000 feet of utilities that conflict with construction and reconfiguring traffic lanes and a median in the intersection to allow for the new lift station. The current lift station consists of a wet-well/dry- well configuration with a five-foot diameter concrete wet well and an adjacent 20- foot-deep, eight-foot diameter concrete dry pit that houses two 15-horsepower sewage pumps. Michael Baker's new concrete wet well structure will extend approximately 30 feet below ground.

Michael Baker's Role:

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Yellowstone Lift Station and Force Main, Santa Clarita, California Michael Baker provided engineering design services for a proposed 500-gpm sewer lift station and dual force mains for the Spring Canyon Development project. The design included plans and specification detailing the various civil, structural, mechanical, and electrical design required for a fully operational facility.

Michael Baker's Role:

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Proposal for Engineering and Design Services
Old Hamner Road Sewer Lift Station No. 7 Replacement Project P a g e | 17
Santa Ana Civic Center Pump Stations Upgrades, Santa Ana, California Michael Baker performed preliminary studies and final design services to identify options, recommend upgrades, and provide final construction plans for two stormwater lift stations at the Santa Ana Civic Center. After flooding during the 2016 El Nino season, the mechanical and electrical equipment in both lift stations were deemed to have reached the end of their lifespans.

Michael Baker's Role:

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Proposal for Engineering and Design Services
Old Hamner Road Sewer Lift Station No. 7 Replacement Project P a g e | 18
RMV PA-3 Lift Station Study, Rancho Mission Viejo, California Michael Baker prepared a preliminary design report (PDR) for Rancho Mission Viejo's (RMV) Planning Area 3 (PA-3), a 2,200-acre, 7,510 dwelling unit with 510 affordable housing units located approximately 2 miles east of Antonio Parkway. To the east of PA-3 is RMV's Planning Area 4 (PA-4), which is planned as a 575- dwelling unit, including 75 affordable housing units, development located adjacent to Ortega Highway. PA-4 also includes 66 net acres of nonresidential development. All wastewater generated from PA-3 and PA-4 must be pumped to be conveyed to the Chiquita Water Reclamation Plant via the proposed PA-3 Sewer Lift Station (LS), which will be owned and operated by the Santa Margarita Water District.

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CA-16

EXHIBIT B
Compensation for Proposed Scope of Work
(See Attachments)

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Total Direct/Repro Total
Principal/ Project Project Designer Structural Structural Electrical Electrical Survey Licensed 1-Person Estimated Labor Subcontract Estimated QA/QC Manager Engineer Drafter Engineer Designer Engineer Designer Mapper Surveyor Crew Hours Cost Costs Fee $ 288.00 $ 225.00 $ 175.00 $ 125.00 $ 260.00 $ 185.00 $ 235.00 $ 140.00 $ 140.00 $ 225.00 $ 175.00 TASK 1: PROJECT MEETINGS AND PROJECT MANAGEMENT

1.1 Project Meetings and Project Management 4 8 4 4 20 4,932.00$ 100.00$ 5,032.00$ TOTAL AMOUNT (TASK 1): 4 8 0 0 4 0 4 0 0 0 0 20 4,932.00$ 100.00$ 5,032.00$ TASK 2: PRELIMINARY DESIGN SERVICES

2.1 Review Existing Documents and Data 2 8 4 2 2 4 22 4,180.00$ 500.00$ 4,680.00$

2.2 Design Survey 4 20 8 20 52 8,600.00$ 150.00$ 8,750.00$ 2.3 Radio Path Study (Excluded) 0 -$ -$ -$ 2.4 Preliminary Design Engineering & Memorandum 2 8 8 2 2 4 26 4,680.00$ 50.00$ 4,730.00$ TOTAL AMOUNT (TASK 2): 0 4 16 16 4 4 8 0 20 8 20 100 17,460.00$ 700.00$ 18,160.00$ TASK 3: FINAL DESIGN SERVICES

3.1 Electrical Service Entrance 2 8 8 18 3,450.00$ 50.00$ 3,500.00$

3.2 Geotechnical Investigation 2 2 4 720.00$ 20,700.00$ 21,420.00$ 3.3 Pothole Investigation 4 2 4 10 1,480.00$ 10,470.00$ 11,950.00$ 3.4 Preparation of 85% Contract Documents (P,S, & E) 1 2 16 48 16 24 14 40 161 27,028.00$ 50.00$ 27,078.00$ 3.5 Preparation of 100% Contract Documents (P,S, & E) 1 2 16 40 8 16 12 24 119 19,758.00$ 50.00$ 19,808.00$ 3.6 Final Bid Documents (P,S, & E) 1 2 6 8 8 4 6 8 43 8,138.00 $ 50.00$ 8,188.00$ TOTAL AMOUNT (TASK 3): 3 8 40 100 32 46 40 80 2 0 4 355 60,574.00$ 31,370.00$ 91,944.00$ TASK 4: BIDDING AND CONSTRUCTION SERVICES

4.1 Bidding Services 8 8 16 2,400.00$ 50.00$ 2,450.00$

4.2 Construction Support Services 8 80 16 8 16 8 136 26,320.00$ 50.00$ 26,370.00$ TOTAL AMOUNT (TASK 4): 0 8 88 8 16 8 16 8 0 0 0 152 28,720.00$ 100.00$ 28,820.00$ 143,956.00$
City of Norco
Proposal for Design Services for River Road Lift Station No. 9 Water Structural Electrical Survey

BASE SERVICES TOTAL FEE FOR SCOPE IN PROPOSAL

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1.1 Project Meetings and Project Management 4 8 4 4 20 4,932.00$ 100.00$ 5,032.00$ TOTAL AMOUNT (TASK 1): 4 8 0 0 4 0 4 0 0 0 0 20 4,932.00$ 100.00$ 5,032.00$ TASK 2: PRELIMINARY DESIGN SERVICES

2.1 Review Existing Documents and Data 2 8 4 2 2 4 22 4,180.00$ 500.00$ 4,680.00$

2.2 Design Survey 4 20 8 20 52 8,600.00$ 150.00$ 8,750.00$ 2.3 Radio Path Study 1 4 4 9 1,728.00$ 50.00$ 1,778.00$ 2.4 Preliminary Design Engineering & Memorandum 2 8 8 2 2 4 26 4,680.00$ 50.00$ 4,730.00$ TOTAL AMOUNT (TASK 2): 1 4 16 20 4 4 12 0 20 8 20 109 19,188.00$ 750.00$ 19,938.00$ TASK 3: FINAL DESIGN SERVICES

3.1 Electrical Service Entrance 2 8 8 18 3,450.00$ 50.00$ 3,500.00$

3.2 Geotechnical Investigation 2 2 4 720.00$ 18,100.00$ 18,820.00$ 3.3 Pothole Investigation 4 2 4 10 1,480.00$ 7,370.00$ 8,850.00$ 3.4 Preparation of 85% Contract Documents (P,S, & E) 1 2 24 54 16 24 14 40 175 29,178.00$ 50.00$ 29,228.00$ 3.5 Preparation of 100% Contract Documents (P,S, & E) 1 2 16 40 8 20 12 24 123 20,498.00$ 50.00$ 20,548.00$ 3.6 Final Bid Documents (P,S, & E) 1 2 6 8 8 4 6 8 43 8,138.00 $ 50.00$ 8,188.00$ TOTAL AMOUNT (TASK 3): 3 8 48 106 32 50 40 80 2 0 4 373 63,464.00$ 25,670.00$ 89,134.00$ TASK 4: BIDDING AND CONSTRUCTION SERVICES

4.1 Bidding Services 8 8 16 2,400.00$ 50.00$ 2,450.00$

4.2 Construction Support Services 8 80 16 8 16 8 136 26,320.00$ 50.00$ 26,370.00$ TOTAL AMOUNT (TASK 4): 0 8 88 8 16 8 16 8 0 0 0 152 28,720.00$ 100.00$ 28,820.00$ 142,924.00$
City of Norco
Proposal for Design Services for Old Hamner Lift Station Water Structural Electrical Survey

BASE SERVICES TOTAL FEE FOR SCOPE IN PROPOSAL

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CA-17

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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CA-18

9. Description of Projects:

RIVER ROAD EAST (NO. 9) AND OLD HAMNER ROAD (NO. 7)

SEWER LIFT STATION REPLACEMENT PROJECTS
The general items of work to be done hereunder consist of:

The design consultant will be responsible for preparing project plans, providing an itemized engineer’s estimate, bid schedule, bid item descriptions, specifications for the Projects, review of RFI’s during construction bidding, and review of submittals as part of the construction.

1. INSURED. As respects any work performed on the above described Projects, the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, and volunteers are included as insured with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased, or used by the Named Insured.

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured on the above described Projects for or on behalf of the City of Norco; or (b) products sold by the Named Insured to the City of Norco for use on the Projects; or (c) premises leased by the Named Insured from the City of Norco, the insurance afforded by this policy shall be primary insurance as respects the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured's schedule underlying primary coverage. In either event, any other insurance maintained by the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, or volunteers shall be in excess of this insurance and shall not contribute with it.

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CA-19
“Occurrence" Form CG 0001; or
(3) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding Sections (1) and (2).

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.

C. INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:

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CA-20
D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE

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CA-21

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
$______________________ /_____________________________________

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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CA-22
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).

C. INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:

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CA-23
D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE

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CA-24

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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CA-25
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.
_______________________________________________

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CA-26
W-9 FORM

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CA-27

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CA-28

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CA-29

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City Council

STAFF REPORT
Date: March 6, 2024 Agenda Item:

3.E.

To: Honorable Mayor and City Council Members
From: Lori Sassoon, City Manager
Prepared By: Lori Sassoon, City Manager
Department: City Council
SUBJECT:

Consideration of a resolution of the City Council of the City of Norco declaring Assessor Parcel Numbers (“APN’s”) 125-160-006, 125-180-012, and 127-220-041 exempt surplus land under the Surplus Land Act, and a resolution of the Housing Successor Agency to the former Community Redevelopment Agency of the City of Norco declaring Assessor Parcel Number (“APN”) 130-162-039 exempt surplus land under the Surplus Land Act RECOMMENDATION:

Adopt City Council Resolution No. 2024-09 and Successor Agency Resolution No. 2024-01.

SUMMARY:

This action will declare four (4) parcels owned by the City and the Housing Successor Agency as exempt surplus land pursuant to the state's Surplus Land Act. Adoption of the resolutions is the first step in the eventual sale/conveyance of these surplus parcels.

BACKGROUND:

A number of months ago, it was brought to staff's attention by members of the City Council that a number of parcels had been acquired over the years for potential use by the Housing Successor Agency and/or the City during the days of redevelopment, but with redevelopment dissolution in 2012, these properties have not be utilized. The services of Kosmont & Associates were retained to assist the City in reviewing these properties and determining the route to compliance with the Surplus Lands Act and disposal of these parcels.

The City of Norco (“City”) currently owns the following properties:
 The northeast corner of Corona Ave. and Second St. (APN 125-160-006) consisting of approximately .45 acres.

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 A vacant property north of Smokewood Dr on Sierra Ave. (APN 127-220-041) consisting of approximately .14 acres.
 The southeast corner of Second St. and Valley View Ave. (APN 125-180-012) consisting of approximately .21 acres. Much of this parcel is used for street rightof-way purposes, however, at the time of the Carmax development, a segment of this property was discussed for possible conveyance to the adjacent property owner as it immediately abuts their property.

In addition, the Housing Successor Agency to the former Community Redevelopment Agency of the City of Norco (“Housing Successor Agency”) owns the following:
 A vacant and unimproved property located north of the intersection of Acacia Ave. and Alhambra St. (APN: 130-162-039) consisting of approximately .21 acres.

Location maps for each of these properties are found in Attachment 1.

On October 9, 2019, Governor Newsom signed Assembly Bill (“AB”) 1486. AB 1486, which amended the Surplus Land Act (“SLA”), effective January 1, 2020, changed the existing, long-standing definition of “surplus land”, and now providing that land no longer necessary for a local agency’s use shall be declared either “surplus land” or “exempt surplus land” before taking any action to sell or lease the land. To that end, AB 1486 also added a new limitation providing that an “agency’s use” “shall not include commercial or industrial uses or activities, including nongovernmental retail, entertainment, or office development,” or “property disposed of for the sole purpose of investment or generation or revenue.” AB 1486 further prohibits the City from negotiation of any disposition of the City Properties and Housing Successor Agency Property prior to compliance with the procedural requirements of the SLA.

AB 480 and SB 747, which became effective on January 1, 2024, further clarified the definition of exempt surplus land. Section 54221(f)(1)(B) states that exempt surplus land shall include property that “is less than one-half acre in area and is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes.” Since the City Properties and Housing Successor Agency Property are less one-half acre in area, it is staff's belief that all four parcels qualify for this statutory exemption under the SLA.

As indicated above, the SLA, Government Code sections 54220 et seq., require that a public agency first declare land "surplus land" or "exempt surplus land" before it can negotiate any disposition of the land, either for sale or for lease. By adoption of the proposed resolutions, the City and the Housing Successor Agency are providing the required notice, in accordance with the SLA, of its intent to declare certain property owned by the City as “exempt” surplus property.

It has been determined that there is no further governmental use for the City Properties and Housing Successor Agency Property, and it is recommended that the City Council declare them as “exempt surplus land” and authorize the surplus property disposition process in accordance with the SLA. Once a local agency that determines that a property is exempt from the SLA, the agency shall provide a copy of the resolution declaring the property as exempt surplus land to the California Housing and Community Development Department (“HCD”) for review and approval. Subsequent to HCD’s approval, the City and Housing Successor Agency can proceed with the sale and disposition of the properties identified herein.

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FISCAL IMPACT:

Direct costs for facilitating the sale of the City Properties and Housing Successor Agency Property involve an appraisal(s) and traditional real estate broker services, which will be offset by any proceeds received from the sale of the Properties. When sales occur, net proceeds from those transactions will either return to the Housing Fund, to the General Fund, or potentially to other funds, depending upon what funds were used for their original acquisitions. At this time, research is underway to determine which funds will be appropriate.

RELATIONSHIP TO STRATEGIC PLAN:

This action supports Strategic Direction 5 - 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):

Norco_City draft Resolution_SLA (125-160-006 and 127-220-041)2024-09 Norco_ HSA draft Resolution_SLA (130-162-039)_SA Resolution 2024-01 Attachment 1 - Surplus property maps 3 6 24

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RESOLUTION NO. 2024-09

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO DECLARING ASSESSOR’S PARCEL NUMBERS 125-160-006, 125-180-012, AND 127-220-041 IN

THE CITY OF NORCO (CORONA AVE AND SECOND ST, SECOND ST AND

VALLEY VIEW AVE, AND SIERRA AVE NORTH OF SMOKEWOOD DR) EXEMPT

SURPLUS LAND PURSUANT TO THE SURPLUS LAND ACT (GOVERNMENT CODE SECTIONS 54220 ET SEQ.)
WHEREAS, the City of Norco (“CITY”) is the owner in fee simple of certain real property located at Corona Ave and Second St (APN 125-160-006) consisting of approximately .45 acres, the southeast corner of Second Street and Valley View Avenue (APN 125-180-012) consisting of approximately .21 acres, and North of Smokewood Dr. on Sierra Ave, City of Norco, CA, 92860 (APN 127-220-041) consisting of approximately .14 acres (“Properties”);
WHEREAS, on October 9, 2019, Governor Newsom signed Assembly Bill (“AB”) 1486. AB 1486 significantly amended the Surplus Land Act effective January 1, 2020.

These amendments included, among others, changing the previous, long-standing definitions of “surplus land” and “exempt surplus land”; providing that properties shall be declared either “surplus land” or “exempt surplus land” before a local agency may take any action to dispose of it; and adding a new limitation providing that an “agency’s use” “shall not include commercial or industrial uses or activities, including nongovernmental retail, entertainment, or office development” or “properties disposed of for the sole purpose of investment or generation or revenue”; WHEREAS, on October 11, 2023, the Governor signed Assembly Bill 480 (“AB 480”) and Senate Bill 747 (“SB 747”) into law, which further clarify provisions of the Surplus Land Act. AB 480 and SB 747 became effective on January 1, 2024, and generally provide some increased flexibility as it pertains to the lease of public agency land, expands the definition of exempt surplus land, and clarifies the assessment of penalties for non-compliance;
WHEREAS, AB 480 and SB 747, further state that exempt surplus land shall include property that “is less than one-half acre in area and is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderateincome housing purposes;” WHEREAS, the subject Properties are less one-half acre in area and not contiguous to land owned by a state or local agency that is used for open-space or lowand moderate-income housing purposes and would qualify as exempt surplus property under the SLA;
WHEREAS, under the Surplus Land Act, Government Code section 54220 et seq., surplus land is land owned in fee simple by the City for which the City takes formal action in a regular public meeting declaring the land is surplus or exempt surplus land and not necessary for the City’s use; and

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Resolution No. 2024-09

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March 6, 2024
WHEREAS, pursuant to the Surplus Land Act Guidelines issued by the California Department of Housing and Community Development (HCD) to interpret and implement the Surplus Land Act, the City's determination that the Properties are exempt surplus land must be provided to HCD for its review at least 30 days prior to disposition.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORCO that:

1. The foregoing recitals are hereby incorporated and adopted as the findings of the City Council; and

2. For purposes of compliance with the amended Surplus Land Act, parcel numbers 125-160-006, 125-180-012, and 127-220-041 in the City of NORCO, is hereby declared “exempt” surplus land. The City Manager, or his designee, is directed to proceed with the notification and negotiation requirements of the Surplus Land Act, to facilitate the possible disposition of the Properties.

PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on March 6, 2024. _______________________________
Kevin Bash, Mayor
City of Norco, California
ATTEST:

Dana Roa, CMC, City Clerk
City of Norco, California

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Resolution No. 2024-09

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March 6, 2024
I, Dana Roa, City Clerk of the City of Norco, do hereby certify that the foregoing Resolution was adopted by the City Council of the City of Norco, California at a regular meeting thereof held on March 6, 2024, by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on March 6, 2024.

Dana Roa, CMC, City Clerk
City of Norco, California

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SA RESOLUTION NO. 2024-01

A RESOLUTION OF THE HOUSING SUCCESSOR AGENCY TO THE NORCO COMMUNITY DEVELOPMENT AGENCY DECLARING ASSESSOR’S PARCEL NUMBER 130-162-039 IN THE CITY OF NORCO (ACACIA AVE) EXEMPT

SURPLUS LAND PURSUANT TO THE SURPLUS LAND ACT (GOVERNMENT CODE SECTIONS 54220 ET SEQ.)
WHEREAS, the Housing Successor Agency to the former Community Redevelopment Agency of the City of Norco (“Housing Successor Agency”) is the owner in fee simple of certain real property consisting of approximately.21 acres and located North of the intersection of Acacia Avenue and Alhambra St, City of Norco, CA, 92860 (APN: 130-162-039) (“Property”);
WHEREAS, on October 9, 2019, Governor Newsom signed Assembly Bill (“AB”) 1486. AB 1486 significantly amended the Surplus Land Act effective January 1, 2020.

These amendments included, among others, changing the previous, long-standing definitions of “surplus land” and “exempt surplus land”; providing that property shall be declared either “surplus land” or “exempt surplus land” before a local agency may take any action to dispose of it; and adding a new limitation providing that an “agency’s use” “shall not include commercial or industrial uses or activities, including nongovernmental retail, entertainment, or office development” or “property disposed of for the sole purpose of investment or generation or revenue”;
WHEREAS, on October 11, 2023, the Governor signed Assembly Bill 480 (“AB 480”) and Senate Bill 747 (“SB 747”) into law, which further clarify provisions of the Surplus Land Act. AB 480 and SB 747 will become effective on January 1, 2024, and generally provide some increased flexibility as it pertains to the lease of public agency land, expands the definition of exempt surplus land, and clarifies the assessment of penalties for non-compliance.

WHEREAS, AB 480 and SB 747, further state that exempt surplus land shall include property that “is less than one-half acre in area and is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderateincome housing purposes;” WHEREAS, the subject Properties are less one-half acre in area and not contiguous to land owned by a state or local agency that is used for open-space or lowand moderate-income housing purposes and would qualify as exempt surplus property under the SLA;
WHEREAS, under the Surplus Land Act, Government Code section 54220 et seq., surplus land is land owned in fee simple by the City for which the City takes formal action in a regular public meeting declaring the land is surplus or exempt surplus land and not necessary for the City’s use; and

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SA Resolution No. 2024-01

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NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORCO AND HOUSING SUCCESSOR AGENCY BOARD that:

1. The foregoing recitals are hereby incorporated and adopted as the findings of the City Council/Housing Successor Agency Board; and

2. For purposes of compliance with the amended Surplus Land Act, parcel numbers 130-162-039 in the City of NORCO, is hereby declared “exempt” surplus land.

The City Manager, or his designee, is directed to proceed with the notification and negotiation requirements of the amended Surplus Land Act, to facilitate the possible disposition of the Property.

PASSED AND ADOPTED by the Successor Agency to the Norco Community Redevelopment Agency at a regular meeting held on March 6, 2024.
______________________________
Kevin Bash, Chairperson
Successor Agency to the Norco
Community Redevelopment Agency
City of Norco, California
ATTEST:
____________________________
Dana Roa, CMC, Secretary
Successor Agency to the Norco
Community Redevelopment Agency
City of Norco, California

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SA Resolution No. 2024-01

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March 6, 2024
I, Dana Roa, CMC, Secretary of the Successor Agency to the Norco Community Redevelopment Agency, do hereby certify that the foregoing Resolution was introduced and duly adopted by the Board of Directors at a regular meeting thereof held on March 6, 2024, and that the same was passed and adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Dana Roa, CMC, Secretary
Successor Agency to the Norco
Community Redevelopment Agency
City of Norco, California

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“ATTACHMENT A”
Property Aerial Maps
Housing Successor Agency APN (130-162-039):

City APN (127-220-041):

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City APN (125-180-012):

City APN (125-160-006):

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City Council

STAFF REPORT
Date: March 6, 2024 Agenda Item:

5.A.

To: Honorable Mayor and City Council Members
From: Chad Blais, Public Works Director
Prepared By: Chad Blais, Public Works Director
Department: Public Works
SUBJECT:

Resolution 2024-08 of the City Council of the City of Norco awarding a Franchise Agreement to USA Waste of California, Inc. (Waste Management) and authorizing maximum rates to be imposed and collected by USA Waste of California, Inc. for refuse and recyclable material collection and disposal services to be effective July 1, 2024, and determining that the City’s Franchise Fee and Vehicle Impact Fee are justified by the City’s costs of providing solid waste services, reasonable charges for the use of City property for solid waste services, and the costs of addressing the impacts of solid waste refuse vehicles.

RECOMMENDATION:

1. Find the proposed action is categorically exempt under the California Environmental Quality Act;

SUMMARY:

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The City’s current waste hauler contract expires June 30, 2024. The City has been actively working with R3 Consulting Group, Inc. (R3) to assist with developing and implementing the formal request for proposal (RFP) process; assist with reviewing the proposals; help facilitate the evaluation team interviews and negotiations; and preparation of the final Franchise Agreement.

The formal RFP was issued on September 7, 2023. On October 20, 2023, the City received five proposals. To review the proposals, the City created an evaluation team made up of two council members, two City staff, and R3. All evaluation team members independently reviewed and scored each proposal based on overall content and the proposer’s ability to meet the service expectations outlined in the RFP. Follow-up questions were sent to clarify proposal information to haulers, as needed. A consensus scoring method was used to finalize the evaluation scores. Based on the overall evaluations and scoring, the evaluation team selected which hauler to invite to a formal interview, and then negotiations began following the interview process.

The negotiated agreement with Waste Management has favorable terms including reduction in rates for residents, elimination of manure scout service fees, annual rate increase caps, assistance in compliance with unfunded State diversion and compliance mandates, and increased City fee revenue.

The proposed Franchise Agreement with Waste Management includes a proposed Franchise Fee, which recovers the City’s costs of providing solid waste-related services, including the negotiation and administration of the Franchise Agreement, as well as charges for the reasonable value of the use of City property for the provision of solid waste services. Additionally, the Franchise Agreement includes a Vehicle Impact Fee to recover the costs of addressing the specific impacts of refuse vehicles on City streets and rights of-way.

BACKGROUND:

The City of Norco (City) currently contracts with Waste Management for residential and commercial garbage, recyclable materials, and organic waste collection services. The franchise expires on June 30, 2024.

The current level of trash services offered by Waste Management are summarized in the attached Current List of Services. However, there have been significant new regulatory requirements for processing of garbage, recyclables and organics that must be considered when developing the next agreement.

Since the existing agreement went into effect, the State has passed several laws that significantly affect the processing of garbage, recyclables, and organic waste. In 2011, the State adopted AB 341, requiring all businesses to recycle and jurisdictions to implement a commercial recycling program. This bill also established a goal of a 75% recycling rate (“diversion”) by 2020. AB 1826, adopted in 2014, requires jurisdictions to implement an organic waste recycling program, to divert from the landfill organic waste collected from businesses and multi-family dwellings.

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In 2016, SB 1383 was passed, which was designed to keep organic waste out of the landfills with a state-wide target of a 50% reduction in organic waste disposal by 2020 and 75% by 2025. The regulations went into effect January 1, 2022. Under SB 1383, jurisdictions are required to provide organics services to all residents and businesses, establish an edible food recovery program, procure recyclable and recovered organic products, secure access to organics recycling capacity, monitor compliance, and conduct enforcement. City staff has successfully implemented the State mandated participation of all non-exempt businesses in recycling and organics waste disposal services.

Request for Proposals
On September 6, 2023, City Council approved the proposed RFP process for a franchise agreement for exclusive collection, processing, recycling, and disposal of residential and commercial garbage, recyclable material, organic waste, and manure collection services which allowed the City to issue an RFP, receive proposals, and evaluate refuse haulers. The RFP established process integrity standards that prohibited communication, gifts, or campaign contributions between prospective bidders and the Mayor or City Council prior to award of an exclusive franchise hauler agreement.

On September 7, 2023, the RFP was published with a deadline for proposal submissions of October 20, 2023. Proposals were received from the following five (5) entities:

1. Arakelian Enterprises, Inc. dba Athens Services (Athens)

2. Burrtec Waste Industries, Inc. (Burrtec)

3. CR&R

4. Universal Waste

5. Waste Management
All five (5) proposals went through an initial “Pass/Fail” review to check for completeness and compliance with the proposal requirements. After the Pass/Fail review, where it was determined that all proposals passed, the proposals were then reviewed by the evaluation team, which consisted of two council members, two City staff and R3 staff. Proposals were reviewed and scored based on the following evaluation criteria:
 Qualifications (30%)
 Technical Approach (20%)
 Sustainability (20%)
 Service Rates (20%)
 Other Benefits to the City (10%)
Next, evaluations considered the hauler’s transition plan, operations plan, customer service plan, proposed service alternatives, and/or agreement exceptions. The haulers also had to demonstrate that they had a plan for diversion of recyclables and organics, as well as an education and outreach plan. Additionally, the City emphasized the importance of a well-established plan for the collection and processing of manure.

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Evaluation Results
The evaluation team convened for final scoring and was in consensus with providing Waste Management with the highest overall ranking based on proposals as shown in Table 1.

Table 1: Evaluation Scoring Results
Proposed Service Rates
A table comparing the projected annual cost to customers based on the proposed customer rates for each hauler and the customer subscription levels provided in the RFP is summarized in Table 2 below. The table highlights the current cost annually from existing rates based on established levels of service and then compares the projected cost in year 1 from the rates proposed by all five haulers (ranged from $6,350,000 to $13,000,000). Only Waste Management offered rates that were below/or at the current rates. The next closest hauler's rates generated nearly $2,000,000 in higher costs to the customer. This gap in proposed rates and projected costs became a significant factor for the evaluation team in determining what hauler(s) to interview.

Table 2: Comparison of Projected Annual Revenues to Haulers

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Please note that alternative proposals were submitted by Burrtec Waste Industries, Inc. and Waste Management. These are not included in the table below because after evaluation of the proposed alternatives, the City’s evaluation team determined that these alternative proposals did not meet the City’s desired RFP objectives.

Following evaluation of received proposals, the evaluation team elected to interview Waste Management on January 11, 2024. The purpose of the interview was to gain more clarity on proposed actions by the hauler, make sure that City RFP objectives were accounted for, and to further discuss the submitted proposal.

Negotiation
The evaluation team proceeded to negotiate the Franchise Agreement with Waste Management based on established factors identified in the RFP and key differentiating factors including, but not limited to:
 Reduction in customer rates: Waste Management proposed the lowest overall rates, including a reduction to existing residential, commercial, and manure rates.
 Continuing Monday only residential service
 Implementation of onboard software & cameras in trash vehicles for documentation of carts/bins in place and pickups, container contamination, and tracking of vehicle location and speeds
 Sponsor City community events
 Investing $10,000 per year for local organic waste diversion program using chickens (implemented by Waste Management)
 Investing $10,000 per year toward scholarships for students at Norco based schools (implemented by Waste Management)
 Addition of a Multi-family bulky item pickup program
 Providing free trash collection boxes for City Events  Coordinate Norco's bi-annual Dump Day events (including shredding to be paid by Hauler instead of City)
 Conduct one mulch giveaway annually for residents
 Provide up to 500 home compost bins per year
 Implement a Recovered Organic Waste Procurement program at no additional charge to the City to comply with SB 1383
 Transition of billing and customer service from City staff to Contractor  Establish a website for billing and customer outreach of services available  Establish a local Waste Management customer services office for paying bills or handling service requests or issues
 Provide dedicated staff and resources to conduct compliance inspections, collect reporting data, and verify organic processing waivers
 Assistance in compliance with unfunded State diversion mandates  Promote diversion by providing one extra recycling cart and one extra organics cart for residential customers upon request at no additional charge to the customer
 Offer two (2) 64 gallon carts for manure to replace the traditional 96 gallon cart in cases where repeat non-pickup issues occur with 96 gallon manure cart due to overweight cart (no increase in service rate)
Additional terms that were negotiated include:

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 Elimination of fees for manure scout service
 Added street sweeping service for all streets within Norco, including private streets and City facility parking lots
 Added storm drain cleaning services to ensure removal of trash/debris from catch basin within Norco
Through the negotiation process, the customer rates were always at the forefront. City was able to negotiate lower rates than originally proposed by Waste Management that will result in an overall savings to Norco as shown in Table 3.

Table 3: Projected Revenues to WM based on Rates
Table 4 shows a sample of the negotiated proposed rates compared to the current rates. A full rate sheet comparing current rates to the proposed rates can be found in the attached list of Service Rates. As previously mentioned, to comply with unfunded state diversion mandates, all customers will receive bundled collection services that include a base level of recycling and organics. For comparison purposes the table shows a complete bundled package for current rates (garbage, recycling and organics) compared to the bundled rate as proposed.

Table 4: Proposed Monthly Rates for WM
Upon commencement of the new franchise agreement and services, residents will have the opportunity to evaluate service needs and customize sizes of carts and bins to their

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specific needs. In addition, multi-family and commercial properties may adjust both container sizes and service frequency to “right size” their service to their specific needs.

Proposed Solid Waste Agreement
The proposed Agreement for the Provision of Integrated Waste Management Services with Waste Management was developed to preserve and maintain priority residential and commercial services currently provided to City residents and businesses while addressing the many challenges related to recent regulatory changes and incorporating new services that benefit the community.

The City’s consultant, R3, provided a draft agreement (Agreement) to address regulatory requirements such as AB 1826 and SB 1383 and modernize the City’s solid waste agreement. Key considerations included:
 Expanding organic waste to include food waste (organics) collection services to meet the requirements of SB 1383
 Updating container lid colors (grey/black for garbage, blue for recycling, green for organics, beige for manure) and labeling requirements to meet SB 1383 regulations
 Providing expanded education and outreach programs and services  Providing reports of customer subscriptions to determine compliance with regulatory requirements
 Updated processing and diversion requirements
 Providing for the procurement of recovered organic materials as required by SB 1383
 Providing detailed tracking and reporting for SB 1383 compliance  Providing processing avenues for manure collection
The proposed Agreement includes automatic bundled services (garbage, recycling, and organic waste) for all residential, multi-family, and commercial customers in order to achieve compliance with SB 1383. Manure service is offered to all customers on a subscription basis. All prior services provided to residents and business are maintained, with key provisions of the new Agreement including:
 10-year base term beginning on July 1, 2024, and offers up to two (2) extensions of five (5) years each, at the City’s sole discretion
 Manure service shall be non-exclusive to allow for alternate vendors/methods to haul manure while still requiring diversion and documentation (subject to City approval)
 New SB 1383 services including:
o Bundled rates, incorporating minimum recycling and organics services, for all customers
o Green/organic containers to include collection of food waste o New carts and newly painted bins to meet SB 1383 color and labeling requirements
o Residential kitchen food waste pails provided annually upon request o Outreach and education program (including schools)
o Route audits and customer right-sizing to ensure adequate service levels through increased container size or frequency
o Contamination monitoring and outreach

Page 165 of 380 ends

Norco City CouncilMarch 6, 2024

Norco City Council
March 6, 2024