ILLUMINATION SUMMARY
Not to be reproduced in whole or part without the wriƩen consent of Musco Sports ENGINEERED DESIGN By: C.Hensley • File #142916Gr1-Prod-R2 • 19-Jan-24 LighƟng, LLC. ©1981, 2023 Musco Sports LighƟng, LLC.
CTC2
B1
A1
C1
A2 B2
B4
B3
FP1
A3
A5 A4
B5
A6
B6
CTFB1
B7
A7
A9
B8
A10
S1
S2
S3
S4
S8 S5
S9
S7
S6
P9
P20 P18 P15
P2 P7
P19 P16 P11
P1 P4 P6
P14
P10
P5
P13
P8
P12
P3
P17
0.0 0.0
0.0 0.0
0.0 0.2
0.1 0.1
0.1 0.1
0.0 0.0
0.0 0.1
0.2 0.4
1.0 0.0 0.0 0.1 1.2 2.2 2.0 1.6
0.0 0.5
1.6 2.7
3.0 0.6
0.2 0.1
0.1 0.0
0.0 0.0
0.0 0.0
0.0 0.0
0.0 0.0
0.0 0.0
0.0 0.0
0.0 0.0 0.0 0.0 0.0
B9
A8
B10
SCALE IN FEET 1 : 200
0' 200' 400'
Wayne Makin Shearer Sports Complex
Norco, CA
Grid Summary
Name Spill @ Homes
Spacing 30.0' x 10.0'
Height 3.0' above grade
Illumination Summary
MAINTAINED HORIZONTAL FOOTCANDLES
Entire Grid
Scan Average 0.4
Maximum 3
Minimum 0
Avg/Min -
Max/Min -
UG (adjacent pts) 0.00
CU 0.00
No. of Points 51
LUMINAIRE INFORMATION
Applied Circuits A,B,C,D,E,F,G,H,I,J,K,L,M
No. of Luminaires 233
Total Load 229.50 kW
Pole location(s) dimensions are relative
to 0,0 reference point(s)
Guaranteed Performance: The ILLUMINATION described above is guaranteed per your Musco Warranty document and
includes a 0.95 dirt depreciation factor.
Field Measurements: Individual field measurements may vary from computer-calculated predictions and should be taken in accordance with IESNA RP-6-15.
Electrical System Requirements: Refer to Amperage
Draw Chart and/or the "Musco Control System Summary"
for electrical sizing.
Installation Requirements: Results assume ± 3%
nominal voltage at line side of the driver and structures located within 3 feet (1m) of design locations.
NOTES: Spill numbers reŇect all Musco Įxtures on all Įelds being ON.
ILLUMINATION SUMMARY
Not to be reproduced in whole or part without the wriƩen consent of Musco Sports ENGINEERED DESIGN By: C.Hensley • File #142916Gr1-Prod-R2 • 19-Jan-24 LighƟng, LLC. ©1981, 2023 Musco Sports LighƟng, LLC.
CTC2
B1
A1
C1
A2 B2
B4
B3
FP1
A3
A5 A4
B5
A6
B6
CTFB1
B7
A7
A9
B8
A10
S1
S2
S3
S4
S8 S5
S9
S7
S6
P9
P20 P18 P15
P2 P7
P19 P16 P11
P1 P4 P6
P14
P10
P5
P13
P8
P12
P3
P17
0.0 0.0
0.0 0.1
0.1 0.4
0.3 0.3
0.2 0.2
0.1 0.1
0.1 0.1
0.3 0.7
1.8 0.0 0.0 0.1 1.6 3.2 3.5 3.0
0.1 0.7
1.8 3.0
3.4 1.0
0.4 0.3
0.3 0.2
0.1 0.0
0.0 0.0
0.0 0.0
0.0 0.0
0.0 0.0
0.0 0.0
0.0 0.0 0.0 0.0 0.0
B9
A8
B10
SCALE IN FEET 1 : 200
0' 200' 400'
Wayne Makin Shearer Sports Complex
Norco, CA
Grid Summary
Name Spill @ Homes
Spacing 30.0' x 10.0'
Height 3.0' above grade
Illumination Summary
MAINTAINED MAX VERTICAL FOOTCANDLES
Entire Grid
Scan Average 0.5
Maximum 3
Minimum 0
Avg/Min -
Max/Min -
UG (adjacent pts) 0.00
CU 0.00
No. of Points 51
LUMINAIRE INFORMATION
Applied Circuits A,B,C,D,E,F,G,H,I,J,K,L,M
No. of Luminaires 233
Total Load 229.50 kW
Pole location(s) dimensions are relative
to 0,0 reference point(s)
Guaranteed Performance: The ILLUMINATION described above is guaranteed per your Musco Warranty document and
includes a 0.95 dirt depreciation factor.
Field Measurements: Individual field measurements may vary from computer-calculated predictions and should be taken in accordance with IESNA RP-6-15.
Electrical System Requirements: Refer to Amperage
Draw Chart and/or the "Musco Control System Summary"
for electrical sizing.
Installation Requirements: Results assume ± 3%
nominal voltage at line side of the driver and structures located within 3 feet (1m) of design locations.
NOTES: Spill numbers reŇect all Musco Įxtures on all Įelds being ON.
ILLUMINATION SUMMARY
Not to be reproduced in whole or part without the wriƩen consent of Musco Sports ENGINEERED DESIGN By: C.Hensley • File #142916Gr1-Prod-R2 • 19-Jan-24 LighƟng, LLC. ©1981, 2023 Musco Sports LighƟng, LLC.
CTC2
B1
A1
C1
A2 B2
B4
B3
FP1
A3
A5 A4
B5
A6
B6
CTFB1
B7
A7
A9
B8
A10
S1
S2
S3
S4
S8 S5
S9
S7
S6
P9
P20 P18 P15
P2 P7
P19 P16 P11
P1 P4 P6
P14
P10
P5
P13
P8
P12
P3
P17
782
1209
1699
2668
4606
13486
12645
8652
3570
2097
1243
1541
2086
4373
8233
16521
32037
148 1237 5068 11233 15880 27577 38361
1670
7247
17677
28038
25956
21265
17963
18059
13629
7797
4393
282
81 19
13 12
11 10
9 8
7 7
6 6
5 6 6
B9
A8
B10
SCALE IN FEET 1 : 200
0' 200' 400'
Wayne Makin Shearer Sports Complex
Norco, CA
Grid Summary
Name Spill @ Homes
Spacing 30.0' x 10.0'
Height 3.0' above grade
Illumination Summary
MAINTAINED VERTICAL FOOTCANDLES: 90° Tilt
Entire Grid
Scan Average 7473.3
Maximum 38361
Minimum 5
Avg/Min 1405.82
Max/Min 7216.30
UG (adjacent pts) 0.00
CU 0.00
No. of Points 51
LUMINAIRE INFORMATION
Applied Circuits A,B,C,D,E,F,G,H,I,J,K,L,M
No. of Luminaires 233
Total Load 229.50 kW
Pole location(s) dimensions are relative
to 0,0 reference point(s)
Guaranteed Performance: The ILLUMINATION described above is guaranteed per your Musco Warranty document and
includes a 0.95 dirt depreciation factor.
Field Measurements: Individual field measurements may vary from computer-calculated predictions and should be taken in accordance with IESNA RP-6-15.
Electrical System Requirements: Refer to Amperage
Draw Chart and/or the "Musco Control System Summary"
for electrical sizing.
Installation Requirements: Results assume ± 3%
nominal voltage at line side of the driver and structures located within 3 feet (1m) of design locations.
NOTES: Spill numbers reŇect all Musco Įxtures on all Įelds being ON.
EQUIPMENT LAYOUT
Not to be reproduced in whole or part without the wriƩen consent of Musco Sports ENGINEERED DESIGN By: C.Hensley • File #142916Gr1-Prod-R2 • 19-Jan-24 LighƟng, LLC. ©1981, 2023 Musco Sports LighƟng, LLC.
Wayne Makin Shearer Sports Complex
Norco, CA
Baseball 1
330'/330'/330' - basepath 90' CTC2
B1
A1
C1
A2 B2
Baseball 2
200'/200'/200' - basepath 60'
B4
B3
FP1
A3
A4
Baseball 3
200'/200'/200' - basepath 60'
A5
B5
A6
Baseball 4
200'/200'/200' - basepath 60'
B6
CTFB1
B7
A7
Baseball 5
190'/200'/200' - basepath 60'
A9
B8
A10
Soccer 1
250' x 155'
S1
S2
S3
Soccer 2
250' x 150'
S4
S5
Soccer 3
250' x 150'
S8
S9
S7
S6
P9
P20 P18 P15
P2 P7
P19 P16 P11
P1 P4 P6
P14
P10
P5
P13
P8
P12
P3
P17
Practice Soccer
230' x 100'
Practice Football 2
260' x 170'
Practice Football 1
260' x 170'
Field 6
Irregular
B9
A8
B10
Walkway Lights
0' x 0'
SCALE IN FEET 1 : 200
0' 200' 400'
Pole location(s) dimensions are relative
to 0,0 reference point(s)
Equipment Layout
INCLUDES:
· Baseball 1
· Baseball 2
· Baseball 3
· Baseball 4
· Baseball 5
· Field 6
· North Parking
· Practice Football 1
· Practice Football 2
· Practice Soccer
· Soccer 1
· Soccer 2
· Soccer 3
· South Parking
· Walkway Lights
· West Parking
Electrical System Requirements: Refer to Amperage
Draw Chart and/or the "Musco Control System Summary"
for electrical sizing.
Installation Requirements: Results assume ± 3%
nominal voltage at line side of the driver and structures located within 3 feet (1m) of design locations.
Equipment List For Areas Shown
Pole Luminaires
QTY LOCATION SIZE
GRADE
ELEVATION
ABOVE
GRADE LEVEL
LUMINAIRE TYPE QTY/POLE
1 A1 70' - 20' CREE OSQ 1
70.1' TLC-LED-1200 4
15.5' TLC-BT-575 1
1 A2 70' - 15.5' TLC-BT-575 1
71.0' TLC-LED-400 2*
71.0' TLC-LED-1200 4
2 A3-A4 60' - 59.7' TLC-LED-1200 1
59.7' TLC-LED-900 2
20' CREE OSQ 1
15.5' TLC-BT-575 1
1 A5 60' 0' 60.0' TLC-LED-1200 2/2*
60.0' TLC-LED-900 1/1*
20.0' CREE OSQ 2
15.5' TLC-BT-575 2
2 A6-A7 60' 0' 59.7' TLC-LED-1200 2
59.7' TLC-LED-900 1
20.0' CREE OSQ 1
15.5' TLC-BT-575 1
1 A8 60' - 59.7' TLC-LED-900 3
1 A9 60' - 59.7' TLC-LED-900 1
20' CREE OSQ 1
15.5' TLC-BT-575 1
59.7' TLC-LED-1200 2
1 A10 60' - 15.5' TLC-BT-575 1
20' CREE OSQ 1
60.0' TLC-LED-900 1/3*
60.0' TLC-LED-1200 2
1 B1 80' - 80.2' TLC-LED-1500 7
15.5' TLC-BT-575 1
1 B2 80' - 80.2' TLC-LED-1500 7
80.2' TLC-LED-400 2*
15.5' TLC-BT-575 1
*This structure utilizes a back-to-back mounting configuration
EQUIPMENT LAYOUT
Not to be reproduced in whole or part without the wriƩen consent of Musco Sports ENGINEERED DESIGN By: C.Hensley • File #142916Gr1-Prod-R2 • 19-Jan-24 LighƟng, LLC. ©1981, 2023 Musco Sports LighƟng, LLC.
Wayne Makin Shearer Sports Complex
Norco, CA
Baseball 1
330'/330'/330' - basepath 90' CTC2
B1
A1
C1
A2 B2
Baseball 2
200'/200'/200' - basepath 60'
B4
B3
FP1
A3
A4
Baseball 3
200'/200'/200' - basepath 60'
A5
B5
A6
Baseball 4
200'/200'/200' - basepath 60'
B6
CTFB1
B7
A7
Baseball 5
190'/200'/200' - basepath 60'
A9
B8
A10
Soccer 1
250' x 155'
S1
S2
S3
Soccer 2
250' x 150'
S4
S5
Soccer 3
250' x 150'
S8
S9
S7
S6
P9
P20 P18 P15
P2 P7
P19 P16 P11
P1 P4 P6
P14
P10
P5
P13
P8
P12
P3
P17
Practice Soccer
230' x 100'
Practice Football 2
260' x 170'
Practice Football 1
260' x 170'
Field 6
Irregular
B9
A8
B10
Walkway Lights
0' x 0'
SCALE IN FEET 1 : 200
0' 200' 400'
Pole location(s) dimensions are relative
to 0,0 reference point(s)
Equipment List For Areas Shown
Pole Luminaires
QTY LOCATION SIZE
GRADE
ELEVATION
ABOVE
GRADE LEVEL
LUMINAIRE TYPE QTY/POLE
1 B3 70' - 70.3' TLC-LED-1500 8
20' CREE OSQ 1
15.5' TLC-BT-575 2
1 B4 70' - 15.5' TLC-BT-575 1
20' CREE OSQ 1
70.3' TLC-LED-1200 3*
70.3' TLC-LED-1500 4
1 B5 70' 0' 71.0' TLC-LED-1500 4
15.5' TLC-BT-575 1
1 B6 70' 0' 71.0' TLC-LED-1500 4
20.0' CREE OSQ 1
15.5' TLC-BT-575 1
1 B7 70' 0' 20.0' CREE OSQ 1
70.4' TLC-LED-1500 8
15.5' TLC-BT-575 2
1 B8 70' - 20' CREE OSQ 1
15.5' TLC-BT-575 1
71.0' TLC-LED-1500 4
1 B9 60' - 15.5' TLC-BT-575 1
59.7' TLC-LED-1200 3
1 B10 60' - 15.5' TLC-BT-575 1
40' TLC-LED-400 2
60.2' TLC-LED-1200 3
1 C1 70' - 69.7' TLC-LED-1200 5*
69.7' TLC-LED-1500 5
15.5' TLC-BT-575 2
1 CTC2 80' - 15.5' TLC-BT-575 2
80.0' TLC-LED-1500 5
1 CTFB1 60' 0' 60.4' TLC-LED-1200 5
1 FP1 70' 0' 70.2' TLC-LED-1200 5
10 P1-P10 20' 2' 22' CREE OSQ 1
10 P11-P20 20' 2' 22' CREE OSQ 1/1*
2 S1-S2 70' - 70.1' TLC-LED-1200 5
1 S3 70' - 70.3' TLC-LED-1200 5/3*
1 S4 70' - 70.1' TLC-LED-1200 3
70.1' TLC-LED-900 1
1 S5 70' - 70.3' TLC-LED-1200 3/3*
70.3' TLC-LED-900 1
20' CREE OSQ 1
1 S6 80' - 80.2' TLC-LED-900 2*
20' CREE OSQ 1
80.2' TLC-LED-1200 8
1 S7 80' - 80.5' TLC-LED-1200 8
20' CREE OSQ 1
2 S8-S9 70' - 70.1' TLC-LED-1200 3
70.1' TLC-LED-900 1
20' CREE OSQ 1
53 Totals 254
*This structure utilizes a back-to-back mounting configuration
EQUIPMENT LAYOUT
Not to be reproduced in whole or part without the wriƩen consent of Musco Sports ENGINEERED DESIGN By: C.Hensley • File #142916Gr1-Prod-R2 • 19-Jan-24 LighƟng, LLC. ©1981, 2023 Musco Sports LighƟng, LLC.
Wayne Makin Shearer Sports Complex
Norco, CA
Baseball 1
330'/330'/330' - basepath 90' CTC2
B1
A1
C1
A2 B2
Baseball 2
200'/200'/200' - basepath 60'
B4
B3
FP1
A3
A4
Baseball 3
200'/200'/200' - basepath 60'
A5
B5
A6
Baseball 4
200'/200'/200' - basepath 60'
B6
CTFB1
B7
A7
Baseball 5
190'/200'/200' - basepath 60'
A9
B8
A10
Soccer 1
250' x 155'
S1
S2
S3
Soccer 2
250' x 150'
S4
S5
Soccer 3
250' x 150'
S8
S9
S7
S6
P9
P20 P18 P15
P2 P7
P19 P16 P11
P1 P4 P6
P14
P10
P5
P13
P8
P12
P3
P17
Practice Soccer
230' x 100'
Practice Football 2
260' x 170'
Practice Football 1
260' x 170'
Field 6
Irregular
B9
A8
B10
Walkway Lights
0' x 0'
SCALE IN FEET 1 : 200
0' 200' 400'
Pole location(s) dimensions are relative
to 0,0 reference point(s)
Single Luminaire Amperage Draw Chart
Driver SpeciĮcaƟons
(.90 min power factor)
Line Amperage Per Luminaire
(max draw)
Single Phase Voltage
208
(60)
220
(60)
240
(60)
277
(60)
347
(60)
380
(60)
480
(60)
CREE OSQ - - - - - - -
TLC-BT-575 3.3 3.2 2.9 2.5 2.0 1.8 1.5
TLC-LED-1200 7.0 6.6 6.1 5.2 4.2 3.8 3.0
TLC-LED-1500 8.5 8.1 7.4 6.4 5.1 4.7 3.7
TLC-LED-400 2.3 2.2 2.0 1.7 1.4 1.3 1.0
TLC-LED-900 5.3 5.0 4.6 4.0 3.2 2.9 2.3
D. CONTROLS AND MONITORING
Wayne Makin Shearer Sports Complex, 142916 Page 348 of 628 System Requirements: Control System Summary
Project Name: Wayne Makin Shearer Sports Complex | Project #: 142916 Control System ID: 1 of 2
Distribution Panel Location/ID: Baseball Service
Project Information
Control System
Control System ID: 1 of 2
Control SystemType: Control-Link ® Control and Monitoring System
Communication Type: PowerLine-ST
Power Requirements
Control cabinet(s):
Control voltage (phase to neutral) 120/60
VA loading - Inrush 6911.0
VA loading - Sealed 799.0
Lighting Circuits:
Voltage/Hertz/Phase 480/60/3
Project Notes:
Baseball Service - 480V/3P, LED C&M, Powerline Comm
Poles Daisy Chained asshown below
Walkway Lighting & Parking Lighting ran at 277V/1P
Equipment Listing
Description Qty Size (in)
Control and monitoring cabinet -
primary
1 24 X 72
Control and monitoring cabinet -
primary
1 24 X 48
Control and monitoring cabinet -
secondary
1 24 X 48
Important Notes:
1. Please confirm that the lighting circuit voltage listed above is accurate for this facility. This is the voltage/phase being connected and utilized at each lighting pole's electrical components enclosure disconnect. Inaccurate voltage/phase can result in additional costs and delays. Contact your Musco sales representative to confirm this item.
2. In a 3 phase design, all 3 phases are to be run to each pole location. Musco's single phase luminaires come pre-wired to utilize all 3 phases across the entire facility.
3. One contactor is required for each circuit at each pole location. Contactors are 3 pole and 100% rated for the published continuous load.
4. If the lighting system will be fed from more than one distribution location, additional equipment may be required. Contact your Musco sales representative.
5. Size overcurrent devices using the full load amps column of the Circuit Summary by Switch chart (Minimum power factor is
0.9). Size conduit per code unless otherwise specified as larger to allow for harness connectors.
6. Avoid use of in-ground junction/pull boxes when possible. If used, all wire connectors must be UL listed for Wet Locations to prevent leakage current.
7. Control power wiring must be in separate conduit from line or load power wiring. Communication cables must be in separate conduit from any power wiring.
8. Refer to Installation Instructions for more details on equipment information and the installation requirements.
Sales Representative: Mike Higgins | Project Engineer: Chris Hensley | Scan: 142916Gr1-Prod | Document ID: 142916P5V1-0824172117 www.musco.com | [email protected]
System Requirements: Control System Summary
Project Name: Wayne Makin Shearer Sports Complex | Project #: 142916 Control System ID: 1 of 2
Distribution Panel Location/ID: Baseball Service
Equipment Layout and Connection Details
Connection Details
ID Description
1a Line power to contactors, and equipment grounding conductor. Requires one circuit per contactor, size wiring per load and voltage drop. 1b Load power from contactors, and equipment grounding conductor. Requires one circuit per contactor, size wiring per load and voltage drop. 2a Control power with equipment ground to control cabinet. Requires dedicated 20 A circuit. Provide transformer if control voltage not present. 3a Control harnesses - Secondary cabinet to primary cabinet. Harness is provided by Musco in 8-foot length. Use minimum 2 inch diameter conduit for harness connector.
Equipment
ID Description
1 Control and monitoring cabinet -
primary
2 Control and monitoring cabinet -
secondary
Sales Representative: Mike Higgins | Project Engineer: Chris Hensley | Scan: 142916Gr1-Prod | Document ID: 142916P5V1-0824172117 www.musco.com | [email protected]
System Requirements: Control System Summary
Project Name: Wayne Makin Shearer Sports Complex | Project #: 142916 Control System ID: 1 of 2
Distribution Panel Location/ID: Baseball Service
Circuit Summary
Switching Schedule
Field/Switch Description Switches
Baseball 1 1
Baseball 2 2
Baseball 3 3
Baseball 4 4
Baseball 5 5
Field 6 8
Practice Football 2 4,5,7
Baseball 4 4
Baseball 5 5
Practice Football 2 7
Practice Football 1 2,3,6
Baseball 2 2
Baseball 3 3
Practice Football 1 6
Walkway Lights 10
Parking 9
Control Module ID: 1 Lighting CircuitVoltage: 480/60/3
Circuit Summary by Switch
Switch Zone Description Pole ID Qty of
Fixtures
Full load
amperes
Contactor
Size (Amps)
Cabinet # Contactor
ID
1 Baseball 1 A1 5 9.13 30 1 C1
Baseball 1 A2 5 9.13 30 1 C2
Baseball 1 B1 8 17.28 30 1 C3
Baseball 1 B2 8 17.28 30 1 C4
Baseball 1 C1 7 14.07 30 1 C5
Baseball 1 CTC2 7 14.07 30 1 C6
2 Baseball 2 A3, A4 8 11.09 30 1 C7
Baseball 2 B3 5 10.87 30 1 C8
Baseball 2 B4 5 10.87 30 1 C9
3 Baseball 3 A5, A6 8 12.37 30 1 C10
Baseball 3 B3 5 10.87 30 1 C11
Baseball 3 B5 5 10.87 30 1 C12
Sales Representative: Mike Higgins | Project Engineer: Chris Hensley | Scan: 142916Gr1-Prod | Document ID: 142916P5V1-0824172117 www.musco.com | [email protected]
System Requirements: Control System Summary
Project Name: Wayne Makin Shearer Sports Complex | Project #: 142916 Control System ID: 1 of 2
Distribution Panel Location/ID: Baseball Service
Circuit Summary - Cont'd
Control Module ID: 1 Lighting CircuitVoltage: 480/60/3
Circuit Summary by Switch
Switch Zone Description Pole ID Qty of
Fixtures
Full load
amperes
Contactor
Size (Amps)
Cabinet # Contactor
ID
4 Baseball 4 A5, A7 8 12.37 30 2 C13
Baseball 4 B6 5 10.87 30 2 C14
Baseball 4 B7 5 10.87 30 2 C15
5 Baseball 5 A10, A9 8 12.37 30 2 C16
Baseball 5 B7 5 10.87 30 2 C17
Baseball 5 B8 5 10.87 30 2 C18
6 Practice Football 1 FP1 5 10.5 30 2 C19
7 Practice Football 2 CTFB1 5 10.5 30 2 C20
Control Module ID: 2 Lighting CircuitVoltage: 480/60/3
Circuit Summary by Switch
Switch Zone Description Pole ID Qty of
Fixtures
Full load
amperes
Contactor
Size (Amps)
Cabinet # Contactor
ID
8 Field 6 A10, A8, B10,
B9
14 20.94 30 3 C21
9 Parking A2, B2, P1,
P10, P11, P12,
P13, P14, P15,
P16, P17, P18,
P19, P2, P20,
P3, P4, P5, P6,
P7, P8, P9
34 7.75 30 3 C22
Parking B10 2 3.46 30 3 C23
10 Walkway Lights A1, A3, A4,
B3, B4
5 0.78 30 3 C24
Walkway Lights A10, A5, A6,
A7, A9, B6,
B7, B8
9 1.17 30 3 C25
Sales Representative: Mike Higgins | Project Engineer: Chris Hensley | Scan: 142916Gr1-Prod | Document ID: 142916P5V1-0824172117 www.musco.com | [email protected]
System Requirements: Control System Summary
Project Name: Wayne Makin Shearer Sports Complex | Project #: 142916 Control System ID: 2 of 2
Distribution Panel Location/ID: Soccer Service
Project Information
Control System
Control System ID: 2 of 2
Control SystemType: Control-Link ® Control and Monitoring System
Communication Type: PowerLine-ST
Power Requirements
Control cabinet(s):
Control voltage (phase to neutral) 120/60
VA loading - Inrush 4493.0
VA loading - Sealed 492.0
Lighting Circuits:
Voltage/Hertz/Phase 480/60/3
Project Notes:
Soccer Service - 480V/3P, LED C&M, Powerline Comm
Poles Daisy Chained asshown below
Walkway Lighting ran at 277V/1P
Equipment Listing
Description Qty Size (in)
Control and monitoring cabinet -
primary
1 24 X 72
Control and monitoring cabinet -
secondary
1 24 X 48
Important Notes:
1. Please confirm that the lighting circuit voltage listed above is accurate for this facility. This is the voltage/phase being connected and utilized at each lighting pole's electrical components enclosure disconnect. Inaccurate voltage/phase can result in additional costs and delays. Contact your Musco sales representative to confirm this item.
2. In a 3 phase design, all 3 phases are to be run to each pole location. Musco's single phase luminaires come pre-wired to utilize all 3 phases across the entire facility.
3. One contactor is required for each circuit at each pole location. Contactors are 3 pole and 100% rated for the published continuous load.
4. If the lighting system will be fed from more than one distribution location, additional equipment may be required. Contact your Musco sales representative.
5. Size overcurrent devices using the full load amps column of the Circuit Summary by Switch chart (Minimum power factor is
0.9). Size conduit per code unless otherwise specified as larger to allow for harness connectors.
6. Avoid use of in-ground junction/pull boxes when possible. If used, all wire connectors must be UL listed for Wet Locations to prevent leakage current.
7. Control power wiring must be in separate conduit from line or load power wiring. Communication cables must be in separate conduit from any power wiring.
8. Refer to Installation Instructions for more details on equipment information and the installation requirements.
Sales Representative: Mike Higgins | Project Engineer: Chris Hensley | Scan: 142916Gr1-Prod | Document ID: 142916P5V1-0824172117 www.musco.com | [email protected]
System Requirements: Control System Summary
Project Name: Wayne Makin Shearer Sports Complex | Project #: 142916 Control System ID: 2 of 2
Distribution Panel Location/ID: Soccer Service
Equipment Layout and Connection Details
Connection Details
ID Description
1a Line power to contactors, and equipment grounding conductor. Requires one circuit per contactor, size wiring per load and voltage drop. 1b Load power from contactors, and equipment grounding conductor. Requires one circuit per contactor, size wiring per load and voltage drop. 2a Control power with equipment ground to control cabinet. Requires dedicated 20 A circuit. Provide transformer if control voltage not present. 3a Control harnesses - Secondary cabinet to primary cabinet. Harness is provided by Musco in 8-foot length. Use minimum 2 inch diameter conduit for harness connector.
Equipment
ID Description
1 Control and monitoring cabinet -
primary
2 Control and monitoring cabinet -
secondary
Sales Representative: Mike Higgins | Project Engineer: Chris Hensley | Scan: 142916Gr1-Prod | Document ID: 142916P5V1-0824172117 www.musco.com | [email protected]
System Requirements: Control System Summary
Project Name: Wayne Makin Shearer Sports Complex | Project #: 142916 Control System ID: 2 of 2
Distribution Panel Location/ID: Soccer Service
Circuit Summary
Switching Schedule
Field/Switch Description Switches
Service 2 Walkway Lights 5
North Parking 6
Soccer 1 1
Soccer 2 2
Soccer 3 3
Practice Soccer 4
CT Soccer Fixtures 7
Control Module ID: 3 Lighting CircuitVoltage: 480/60/3
Circuit Summary by Switch
Switch Zone Description Pole ID Qty of
Fixtures
Full load
amperes
Contactor
Size (Amps)
Cabinet # Contactor
ID
1 Soccer 1 C1 5 10.5 30 4 C1
Soccer 1 S1 5 10.5 30 4 C2
Soccer 1 S2 5 10.5 30 4 C3
Soccer 1 S3 5 10.5 30 4 C4
2 Soccer 2 S4 4 7.23 30 4 C5
Soccer 2 S5 4 7.23 30 4 C6
Soccer 2 S6 4 7.87 30 4 C7
Soccer 2 S7 4 7.87 30 4 C8
3 Soccer 3 S6 4 7.87 30 4 C9
Soccer 3 S7 4 7.87 30 4 C10
Soccer 3 S8 4 7.23 30 4 C11
Soccer 3 S9 4 7.23 30 4 C12
4 Practice Soccer B4, S3, S5 9 15.74 30 5 C13
5 Walkway Lights S5, S6, S7, S8,
S9
5 0.78 30 5 C14
6 Soccer Parking S6 2 3.97 30 5 C15
7 CT Soccer Fixtures P21/E2 1 1 30 5 C16
Sales Representative: Mike Higgins | Project Engineer: Chris Hensley | Scan: 142916Gr1-Prod | Document ID: 142916P5V1-0824172117 www.musco.com | [email protected]
E. AIMING INFORMATION/DRAWINGS
Wayne Makin Shearer Sports Complex, 142916 Page 356 of 628
City Council
STAFF REPORT
Date: April 17, 2024 Agenda Item:
3.J.
To: Honorable Mayor and City Council Members
From: Lisette Free, Finance Director
Prepared By: Lisette Free, Finance Director
Department: Finance
SUBJECT:
Award Professional Services Contract for a Comprehensive Development Impact Study RECOMMENDATION:
Award contract to Willdan Financial Services for Comprehensive Development Impact Fee Study in the amount of $52,860; and authorize the City Manager to approve contract contingency up to 10 percent of the total proposal amount.
SUMMARY:
Two proposals for professional services for a Comprehensive Development Impact Study were submitted to the City on January 24, 2024 with Willdan Financial Services of Temecula, California providing the most qualified, responsive and cost effective proposal for the project.
BACKGROUND:
Development Impact Fees (DIF's) are one-time fees paid by new development that are meant to cover the cost of City infrastructure (buildings, roads, parks, vehicles, etc.) that supports that new development. The goal of a development impact fee program is to ensure that new development pays its own way with regard to needed infrastructure, such that the infrastructure serving existing residents and businesses is not overburdened. The City currently has DIF's in place for streets, parks, fire, facilities, trails, water, sewer, animal control and storm drains.
The City's last Development Impact Fee Study was completed in 2014. That study's methodology did not include a mechanism to escalate those fees over time based on the increases in the cost of construction. As a result, the City's DIF structure has not kept pace with the cost of construction as we know it today, fees have remained the same since that time.
Request for Proposals for a Comprehensive Development Impact Study were requested on December 20, 2023, with proposals being submitted on January 24, 2024. A total of two (2) companies submitted proposals for a Comprehensive Development Impact Study:
1. Michael Baker International - $56,318
2. Willdan Financial Services - $52,860
Proposals were reviewed by a four person team and scored on the following criteria with the award going to the top scoring proposal, Willdan Financial Services:
Quality and Completeness of Proposal
Experience and Capability of Contractor
Staff Qualifications
Includes a Factor for Increasing Fees
Proposed Project Schedule
Proposal Cost Bid Sheet
Staff is recommending City Council to award the contract to Willdan Financial Services in the amount of $52,860 and authorize the City Manager to approve contract change orders up to 10 percent of the total contract amount. As part of this work, Willdan will survey neighboring cities to review their DIF structures and compare them to the proposed fees. Final decisions regarding changes to the DIF program will be brought back to the Mayor and Council; it is expected that the study will be completed at the end of 2024.
FISCAL IMPACT:
Funding for the Comprehensive Development Impact Fee Study was allocated in the FY 2023-24 Operating Budget.
RELATIONSHIP TO STRATEGIC PLAN:
Strategic Plan Item 3.6 - "Review development impact fees to neighboring cities/agencies".
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):
3.J. Professional Consultant Services Agreement
Willdan Financial Services
Willdan Cost File
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CONTRACT AGREEMENT
CITY OF NORCO
PROFESSIONAL CONSULTANT SERVICES
1. Parties and Date.
This Agreement is made and entered into this _17th day of _April, 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 Willdan Financial Services, a corporation with its principal place of business at 27368 Via Industria #200, Temecula, CA 92592 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. Recitals.
2.1 Consultant.
Consultant desires to perform and assume responsibility for providing professional services for a Comprehensive Development Impact Fee Study, on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in performing rate analysis for public clients, that it and its employees or subconsultants have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the goals of the City.
2.2 Project.
The City desires to engage the Consultant to prepare such Comprehensive Development Impact Fee Study (“Project”) as set forth in this Agreement.
3. Terms.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional rate analysis services outlined by the Project. The Project are 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.
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3.1.2 Term. The terms of this Agreement shall begin at the Notice to Proceed and shall extend no later than the schedule outlined in the Consultant proposals for the Project. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Consultant. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent consultant basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services 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 their performance of Services 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 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 complete 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 reasonable approval of City.
3.2.4 City’s Representative. The City hereby designates the Finance Director, or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.5 Consultant’s Representative. Consultant hereby designates _____________________ or his designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise
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and direct the Project, using reasonable skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Project under this Agreement.
3.2.6 Coordination of Project. Consultant agrees to work closely with City staff in the completion 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 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 complete the Project. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to complete 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 complete 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 reasonably 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 applicable 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
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of each employee of the Consultant. Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the Term of the Agreement. Consultant shall avoid any violation of any such law during the Term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.8 or any of its sub-sections.
3.2.8.2 Employment Eligibility; Subcontractors, Consultants, Sub-subcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work or Services relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.8.1.
3.2.8.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub-subcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.8.1 or 3.2.8.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.2.8.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.
3.2.8.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.2.8.5 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, 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
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enacted.
3.2.8.6 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are broader, Consultant shall specifically be aware of their application 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 reasonable discretion. The following policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than the following:
$1,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $2,000,000 aggregate for products and completed operations $2,000,000 general aggregate applying separately to the work performed under the Contract
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(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1 Any Auto) with limits of liability of not less than $1,000,000 per accident for bodily injury and property damage. (iii) WORKERS' COMPENSATION insurance as required under the California Labor Code.
(iv) EMPLOYERS’ LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee.
(v) PROFESSIONAL LIABILITY Professional Liability (Errors and Omissions) insurance appropriate to Consultant’s profession, with limits of liability of $2,000,000 per claim/occurrence and $2,000,000 policy aggregate.
In the event Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).
Consultant shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Consultant shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee. At the option of the City Manager or his/her designee, either: (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to VVTA, its board members, officers, officials, employees and agents; or (ii) Consultant shall provide a financial guarantee, satisfactory to VVTA’s Executive Director or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall the City be responsible for the payment of any deductibles or self-insured retentions.
All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Consultant shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Consultant shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.
The General Liability and Automobile Liability insurance policies shall be written on an 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
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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.
If the Professional Liability (Errors and Omissions) insurance policy is written on a claimsmade form:
1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by Consultant.
2. Insurance must be maintained and evidence of insurance must be provided for at least 3 years after any expiration or termination of the Agreement or, in the alternative, the policy shall be endorsed to provide not less than a 3-year discovery period.
3. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by Consultant, Consultant must purchase extended reporting coverage for a minimum of 3 years following the expiration or termination of the Agreement.
4. A copy of the claims reporting requirements must be submitted to VVTA for review.
5. These requirements shall survive expiration or termination of the Agreement.
Consultant shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City Manager or his/her designee prior to City’s execution of the Agreement and before work commences.
If at any time during the life of this Agreement or any extension, Consultant or any of its subconsultants fail to maintain any required insurance in full force and effect, all work under this Agreement shall be discontinued immediately, and all payments due or that become due to Consultant shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement. No action taken by City hereunder shall in any way relieve Consultant of its responsibilities under this Agreement.
Upon request of City, Consultant shall immediately furnish City with a complete copy of any insurance certificates 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.
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This requirement shall survive expiration or termination of this Agreement.
The fact that insurance is obtained by Consultant shall not be deemed to release or diminish the liability of Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City and its officers, officials, employees, agents and volunteers shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Consultant, its principals, officers, employees, agents, persons under the supervision of Consultant, vendors, suppliers, invitees, sub-consultants, subconsultants, or anyone employed directly or indirectly by any of them.
If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall ensure each subconsultant to provide insurance protection in favor of City and its officers, officials, employees, agents and volunteers in accordance with the terms of each of the preceding paragraphs, except that the subconsultants' certificates and endorsements shall be on file with Consultant and City prior to the commencement of any work by the subconsultant.
3.2.10 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In designing the Project, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Rates and Total Compensation. Consultant shall receive compensation, including authorized reimbursements, for all services rendered under this Agreement at the rates set forth in Exhibit B for completion of the Project, 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
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itemized statement which indicates work completed by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. Notwithstanding the foregoing, the City’s right to inspect, copy and audit shall not extend to the composition of the Consultant’s rates and fees, percentage mark-ups or multipliers but shall apply only to their application to the applicable units.
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”). Upon full payment of all monies owed to the Consultant under this Agreement, 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
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the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of five (5) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. In addition, before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. Consultant may retain electronic copies of confidential information contained in routine back-ups created as part of its information technology system back-up and disaster recovery protocols.
3.5.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.
Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.5.2 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than these Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination.
Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.6.1.2 Effect of Termination. If this Agreement is terminated
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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:
____________________
____________________
____________________
Attention: ____________
City:
City of Norco
2870 Clark Avenue
Norco, CA 92860
Attention: Finance Director
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
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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 this Project.
3.6.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.6.11 Assignment or Transfer. Consultant shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be work days (Monday through Friday, excluding holidays). All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
3.6.13 Amendment; Modification. No supplement, modification or
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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 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
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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: Willdan Financial Services
*By:
_________________________
Name of contact, Title
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST BE NOTARIZED.
Attach Certificate of Notary Acknowledgement
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
The scope of services includes, but is not limited to, all necessary analyses and documentation to develop a comprehensive Development Impact Fee Study. The study will determine the City’s development impact fees based on proposed facility and infrastructure requirements and support a citywide impact fee program that meets the requirements of the California Mitigation Fee Act. In general, the scope of work should include the following:
Task 1: Review applicable City documents, such as:
• Current Development Impact Fees, including the City’s current “AB1600” impact fees, dirt-hauling impact fees, NPDES fee, and park land dedication fee (Quimby Act) • 5 - Year Capital Improvement Program (CIP)
• Master Plans including but not limited to:
o Wastewater collection system master plan
o Wastewater treatment plant master plan
o Water master plan
o Stormwater master plan
o Green infrastructure plan
o Parks master plan
o ADA self-evaluation and transition plan
o Building facility needs assessments
o Bicycle and pedestrian master plan
o Systemic safety analysis report
o Other master plans in progress
• General Plan
• Municipal Code and other relevant City documents
Task 2: Findings and Fees: Provide sufficient information and the necessary findings to help the City determine a full slate of development impact fees based on the City’s proposed infrastructure requirements, supporting the City’s General Plan growth projections and 5-Year Capital Improvement Plan. The Consultant will work with City staff to determine other supporting infrastructure or other operational services that could rightfully be included in the fee program to ensure the costs of such supporting infrastructure are paid by development. The Consultant shall provide recommendations regarding changes to existing fee structures and/or newly proposed fees and fee structures. For context and comparison, the Consultant shall perform research and provide a summary of development impact fees from similar California cities and others in Riverside County. Fees shall be calculated to provide for all services needed to support growth based on forecasts for development over a twenty-year period.
Task 3: Meetings: The Consultant should include the following meetings in their proposal at a minimum.
• Kick off meeting between consultant and City staff to review objectives of study, agree to methodology, and exchange information with City staff. • Review findings with City staff. Consultant to provide information supporting findings to date and proposed fees.
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• Attendance at a City Council meeting to present final report.
Unless otherwise determined by the City, Consultant shall plan on City Council-involved meetings possibly being held at Norco City Hall.
Task 4: Develop draft Development Impact Fee Study: Consultant shall prepare a Draft Development Impact Fee Study and participate in various presentations to select City staff or other interested parties as deemed necessary by staff. Consultant shall collect and document comments and concerns from staff and incorporate those comments as directed.
Task 5: Report deliverables: Prepare draft and final reports to submit to the City containing background information, methodology, findings, and recommendations. More specifically, consultant shall prepare a report containing, but not limited to, the following:
• Background Information
• Description of the overall methodology
• Supporting justification
• Recommended Development Impact Fees
• The purpose of the fee
• Identify how the fee would be used
• The analysis and calculations that provide each legal nexus between the recommended fee and the impact created by the new development. • The relationship between the fee’s use and the type of project on which it would be imposed.
• The need for any additional facilities and the type of project on which the fee would be imposed.
• The amount of the fee and the cost of the facility (or portion of the facility) attributable to new development.
• Summarize key results and findings, explain the methodology used and document compliance with the requirements of AB 1600.
• Any additional matters that City staff should be made aware.
If the Consultant feels that additional tasks are warranted, they must be clearly identified in the Consultant’s proposal.
The City reserves the right to modify the scope of services before the contract is awarded depending on cost and the City’s confidence in the selected vendor.
Optional services: Consultant shall specify an hourly rate in its proposal for additional services following acceptance of the study such as, but not limited to:
• Consult with City staff on an as needed basis on minor matters relating to the implementation and utilization of the study using an hourly rate provided in the proposal. • Assist the City to defend the fees in the event of an audit or other challenge. • Update to the fees, where applicable.
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EXHIBIT B
PROPOSAL DOCUMENTS
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GENERAL LIABILITY ENDORSEMENT
CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5651
A. POLICY INFORMATION Endorsement # ________________________
1. Insurance Company ____________________________________________ Policy Number _____________________
2. Policy Term (From) _______________ (To)________________ Endorsement Effective Date ______________________________________
3. Named Insured _______________________________________________
4. Address of Named Insured
_____________________________________________________________ _____________________________________________________________
5. Limit of Liability Any One Occurrence/Aggregate
$______________________________ /_____________________________
6. Deductible or Self-Insured Retention (Nil unless otherwise specified):
______________________________________________
7. Coverage is equivalent to:
Comprehensive General Liability Form GL0002 (Ed. 1/73)
______________________________________________
Commercial General Liability "Occurrence" Form CG0001
______________________________________________
8. Bodily Injury and Property Damage Coverage is:
____________________________________"occurrence"
Note: The City of Norco standard insurance requirements specify "occurrence" coverage. "Claims-made" coverage is not acceptable. If commercial general liability form or equivalent is used, the general aggregate must apply separately to this location/project or the general aggregate must be twice the occurrence limit.
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9. Description of Project:
COMPREHENSIVE DEVELOPMENT IMPACT FEE STUDY
The general items of work to be done hereunder consist of:
Scope of Work
The City currently assesses impact fees on residential, commercial, and industrial development to mitigate the fiscal impact on general facilities, parks facilities, water, sewer, storm drain, transportation and roads, and other capital facilities.
The City’s impact fee program must comply with the Mitigation Fee Act (CGC Section 66000 et seq., also known as Assembly bill 1600) as well as other applicable regulations. The City is seeking the services from a qualified firm to review and update these impact fees. The City is also interested in expanding the DIF structure to include Police and Fire services and to include a methodology to increase fees over time by CPI or some other factor.
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),
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Comprehensive General Liability Insurance and Insurance Services Office form number GL 0404 Broad Form Comprehensive General Liability endorsement; or
(2) Insurance Services Office Commercial General Liability Coverage, “Occurrence" Form CG 0001; or
(3) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding Sections (1) and (2).
4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respects to the Company's limit of liability.
5. PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City of Norco, its elected or appointed officer, officials, employees, consulting engineers or volunteers.
6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.
C. INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:
ATTN:
_____________________________________________________________________ (Title) (Department)
_____________________________________________________________________ (Company)
_____________________________________________________________________ (Street Address)
_____________________________________________________________________ (City) (State) (Zip Code)
______________________________
(Telephone Number)
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D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE
INSURER
I, __________________________, warrant that I have authority to (Print/Type Name)
bind the below-listed insurance company and by my signature hereon do so bind this company.
____________________________________________
SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original Signature required on endorsement furnished to the City of Norco) ORGANIZATION: _____________________________________________________ TITLE: _____________________________________________________ ADDRESS: _____________________________________________________ _____________________________________________________
TELEPHONE: _____________________________________________________
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AUTOMOBILE LIABILITY ENDORSEMENT
CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5651
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
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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) stand in an unbroken chain of coverage excess of the Named Insured's primary coverage. In either event, any other insurance maintained by the City of Norco, its elected or appointed officers, officials, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SCOPE OF COVERAGE. This policy, if primary, affords coverage to the Named Insured at least as broad as:
(1) Insurance Services Office form number CA 00001 (Ed. 1/78), Code 1 ("any auto") and endorsement CA 0025.
(2) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding Section (1).
4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage, or against whom a claim is made or a suit is brought, except with respect to the Company's limit of liability.
5. PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City of Norco, its elected or appointed officer, officials, employees, consulting engineers or volunteers.
6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.
C. INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:
____________________________________________________________________ (Title) (Department)
_____________________________________________________________________ (Company)
_____________________________________________________________________ (Street Address)
_____________________________________________________________________ (City) (State) (Zip Code)
____________________________
(Telephone Number)
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D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE
INSURER
I, __________________________, warrant that I have authority to (Print/Type Name)
bind the below-listed insurance company and by my signature hereon do so bind this company.
____________________________________________
SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original Signature required on endorsement furnished to the City of Norco) ORGANIZATION: _____________________________________________________ TITLE: _____________________________________________________ ADDRESS: _____________________________________________________ _____________________________________________________
TELEPHONE: _____________________________________
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WORKER'S COMPENSATION/EMPLOYER'S LIABILITY ENDORSEMENT
CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5651
A. POLICY INFORMATION Endorsement # ________________________
1. Insurance Company ____________________________________________ ("the Company")
Policy Number _________________________________________________
2. Effective Date of this Endorsement ________________________________
3. Named Insured_________________________________________________
4. Employer's Liability Limit (Coverage B) ______________________________ _____________________________________________________________ B. POLICY AMENDMENTS
In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:
(1) Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.
(2) Waiver of Subrogation. The Insurance Company agrees to waive all rights of subrogation against the City of Norco, its elected or appointed officers, officials, agents and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the City of Norco.
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C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE
INSURER
I, _______________________, warrant that I have authority to bind (Print/Type Name)
the below-listed insurance company and by my signature hereon do so bind this company.
_______________________________________________
SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original signature required on endorsement furnished to the City of Norco) ORGANIZATION: ____________________________________________________ TITLE: ____________________________________________________ ADDRESS: ____________________________________________________ TELEPHONE: ____________________________________________________
City of Norco
Comprehensive Development
Impact Fee Study
Proposal for
T 951.587.3500 ▪ 800.755.6864 | F 951.587.3510 ▪ 888.326.6864 | 27368 Via Industria, Suite 200, Temecula, CA 92590 www.willdan.com i 1) Cover Letter
January 24, 2024
Ms. Lisette Free
Finance Director
City of Norco
2870 Clark Avenue
Norco, CA 92860
Re: Proposal to Conduct a Comprehensive Development Impact Fee Study for the City of Norco Dear Ms. Free;
Willdan Financial Services (“Willdan”) is pleased to present this proposal to the City of Norco (“City”) to conduct a comprehensive development impact fee study. Willdan’s project approach helps to ensure the preparation of an impact fee study that will withstand technical challenges and public scrutiny. Given Willdan’s unmatched impact fee experience, we are particularly well positioned to serve the City and help achieve established long-term goals.
Outlined below are the advantages and benefits that Willdan will provide to the City.
Unmatched experience implementing and defending fee programs. Willdan’s impact fee staff has assisted more than 100 California government agencies with the development and/or update of all fee types and is fortunate to be in a position that will provide a tremendous benefit to the City. Each project has required defensible documentation and thorough coordination of fee program changes for different agency departments and stakeholders within the business community. In some cases, Willdan has been required to negotiate fees with stakeholders and, on occasion, defend them in meetings and public forums.
We are particularly strong in advising our clients on the advantages and disadvantages of different fee schedule structures (citywide versus multiple-fee districts/zones; more versus fewer land-use categories; etc.) and methods of fee calculation that are based on the City’s and stakeholder priorities. Impact fees also need to be developed in compliance with the Mitigation Fee Act (California Government Code Section 66000 et seq., also known as Assembly Bill 1600) so that they are defensible and transparent. We are also current on the changes to fee programs and the adoption of nexus studies resulting from AB 602, which took effect in 2022.
Innovative Methodologies. As Willdan operates nationally, we possess unique experiences in numerous jurisdictions dealing with multiple challenges. Our ability to produce studies that accommodate various options and viewpoints ensures fair-minded and sensible projects. Our methodology and approach to impact fees has proven to be effective for Cities and Counties, the development community, and the public. Utilizing focus groups, with established guidelines, during the study, fully informs the development community and the public of the justification of the impact fees, and their positive effect on community growth.
Best-in-class impact fee team that can work immediately to prepare an impact fee program. The Willdan team begins a project by evaluating the agency’s existing fee program, if available, and current capital planning policies and funding programs. Not all capital projects are amenable to funding from impact fee programs, and we identify sources that complement fee revenues to fully fund the capital improvement program. The team’s Principal-in-Charge James Edison and Project Manager Carlos Villarreal are well respected by our clients for their skill in proactively organizing a clear, consensus-based project approach.
Successful project completion. Willdan has successfully completed many development impact fee studies, including most recently in the Cities of Santa Paula, Bell Gardens, Pomona, Fountain Valley, Rialto, Murrieta, McFarland, Riverbank, Morgan Hill, Hollister, Pismo Beach, and Santa Clara. These fee programs were approved by their respective Councils.
Ms. Lisette Free, Finance Director
City of Norco
Proposal to Conduct a Comprehensive Development Impact Fee Study January 24, 2024 | Page ii
Experience Working With the City of Norco — For more than 20 years Willdan has worked with the City of Norco to provide services for the ongoing administration of Community Facilities Districts 97-1, 2001-1 and 2002-1. Through this work, and our work in neighboring cities mentioned above, we have familiarity with Norco and the surrounding cities. Where possible, we will utilize our relationships with City Staff and knowledge of the community to facilitate this project as efficiently and cost-effectively as possible.
We are excited about this opportunity to use our skills and expertise to serve the City of Norco. To discuss any aspect of this submittal, please contact Managing Principal James Edison, who will serve as the primary contact for this proposal, his information is provided in the table below.
Contact Information
Proposal Contact
James Edison, JD, MPP
Managing Principal
27368 Via Industria, Suite 200, Temecula, CA 92590
Tel#: (800) 755-6864 | Email: [email protected]
As a Vice President of Willdan Financial Services, I am authorized to bind the firm to the terms of this proposal, as well as the subsequent agreement.
Sincerely,
WILLDAN FINANCIAL SERVICES
Chris Fisher
Vice President / Director
Development Impact Fee Study iii
City of Norco, CA
Table of Contents
1) Cover Letter ................................................................................................................................................................i 2) Approach.....................................................................................................................................................................1 Project Understanding.......................................................................................................................................... 1 Summary of Approach.......................................................................................................................................... 1 3) Scope of Work ......................................................................................................................................................... 5 Staff Support.......................................................................................................................................................... 9 4) Schedule....................................................................................................................................................................12 5) Experience and Qualifications........................................................................................................................13 Firm Overview...................................................................................................................................................... 13 Key Staff Members.............................................................................................................................................. 14 Resumes .............................................................................................................................................................. 14 James Edison, JD, MPP ....................................................................................................................................... 15 Carlos Villarreal, MPP........................................................................................................................................... 16 References........................................................................................................................................................... 17 Recent Studies .................................................................................................................................................... 18 6) Fee Proposal................................................................................................................See Separate Cost File
Comprehensive Development Impact Fee Study 1
City of Norco, CA
2) Approach
This section outlines Willdan Financial Services’ (“Willdan”) understanding of the situation surrounding the City of Norco’s (“City”) desire to conduct a development impact fee study, as well as identify the project objectives and discusses the background regarding public facilities financing in California. Also outlined is an overview of our impact fee project approach.
Project Understanding
As Norco’s business sector continues to grow, the City becomes a major factor in the region, therefore, the City seeks to understand what the financial impacts of foreseeable future development and redevelopment will have on the City’s public services and infrastructure, and to identify potential gaps in funding for those necessary improvements. The City desires to update impact fees to ensure a fair and reasonable fee structure, while meeting the requirements of the California Mitigation Fee Act (California Government Code 66000 et seq). The resulting fees will fund new development’s share of planned facilities, while not overburdening development with unnecessary costs.
Listed below are the development impact fees that will likely be included in this study:
▪ General Facilities
▪ Water
▪ Storm Drain
▪ Park Facilities
▪ Sewer
▪ Transportation and Roads
Project Objectives
The objective of this project is to update development impact fees pursuant to State law. To accomplish this objective, this study will:
▪ Develop a technically defensible fee justification, based on the reasonable relationship and deferential review standards;
▪ Review and facility standards, capital facilities plans and costs, and development and growth assumptions; ▪ Provide a schedule of maximum-justified fees by land use category; and ▪ Provide comprehensive documentation of assumptions, methodologies, and results, including findings required by the Mitigation Fee Act.
Public Facilities Financing in California
The changing fiscal landscape in California during the past 40 years has steadily undercut the financial capacity of local governments to fund infrastructure. Four dominant trends stand out:
1. The passage of a string of tax limitation measures starting with Proposition 13 in 1978 and continuing through the passage of Proposition 218 in 1996;
2. Declining popular support for bond measures to finance infrastructure for the next generation of residents and businesses;
3. Steep reductions in Federal and State assistance; and
4. Permanent shifting by the State of local tax resources to the State General Fund to offset deficit spending brought on by recessions.
Faced with these trends, many cities and counties have had to adopt a policy of "growth pays its own way." This policy shifts the burden of funding infrastructure expansion from existing rate and taxpayers onto new development.
This funding shift has been accomplished primarily through the imposition of assessments, special taxes, and development impact fees, also known as public facilities fees. Assessments and special taxes require approval of property owners or registered voters and are appropriate when the funded facilities are directly related to the developing property. Development impact fees, on the other hand, are an appropriate funding source for facilities that benefit development jurisdiction-wide. Development fees need only a majority vote of the legislative body for adoption.
Summary of Approach
Willdan’s methodology for calculating public facilities fees is both simple and flexible. Simplicity is important so that the development community and the public can easily understand the justification for the fee program. At the same time, we use our expertise to reasonably ensure that the program is technically defensible.
Comprehensive Development Impact Fee Study 2
City of Norco, CA
Flexibility is important, so we can tailor our approach to the available data, and the agency’s policy objectives. Our understanding of the technical standards established by statutes and case law suggests that a range of approaches are technically defensible. Consequently, we can address policy objectives related to the fee program, such as economic development and affordable housing. Flexibility also enables us to avoid excessive engineering costs associated with detailed facility planning. We calculate the maximum justifiable impact fee and provide flexibility for the agency to adopt fees up to that amount.
Development impact fees are calculated to fund the cost of facilities required to accommodate growth. The four steps followed in an impact fee study include:
▪ Estimate existing development and future growth: Identify a base year for existing development and a growth forecast that reflects increased demand for public facilities; ▪ Identify facility standards: Determine the facility standards used to plan for new and expanded facilities; ▪ Determine facilities required to serve new development and their costs: Estimate the total amount and cost of planned facilities, and identify the share required to accommodate new development; and ▪ Calculate fee schedule: Allocate facilities costs per unit of new development to calculate the public facilities fee schedule.
We discuss key aspects of our approach to each of these steps in the subsections that follow.
Growth Projections
In most cases, we recommend use of long-range market-based projections of new development. By “long-range” we suggest 20 to 30 years to: capture the total demand often associated with major public facility investments; and support analysis of debt financing, if needed. In contrast to build out projections, market-based projections provide a more realistic estimate of development across all land uses. Build out projections typically overestimate commercial and industrial development because of the oversupply of these land uses relative to residential development.
Facility Standards
The key public policy issue in development impact fee studies is the identification of facility standards (second bullet above). Facility standards document a reasonable relationship between new development and the need for new facilities. Standards ensure that new development does not fund deficiencies associated with existing development.
Our approach recognizes three separate components of facility standards:
1. Demand standards determine the amount of facilities required to accommodate growth. Examples include park acres per thousand residents, square feet of library space per capita, or gallons of water per day. Demand standards may also reflect a level of service such as the vehicles-to-capacity (V/C) ratio used in traffic planning;
2. Design standards determine how a facility should be designed to meet expected demand, for example park improvement requirements and technology infrastructure for office space. Design standards are typically not explicitly evaluated as part of an impact fee analysis but can have a significant impact on the cost of facilities.
Our approach incorporates current facility design standards into the fee program to reflect the increasing construction cost of public facilities; and
3. Cost standards are an alternate method for determining the amount of facilities required to accommodate growth based on facility costs per unit of demand. Cost standards are useful when demand standards were not explicitly developed for the facility planning process. Cost standards also enable different types of facilities to be analyzed based on a single measure (cost or value), useful when disparate facilities are funded by a single fee program. Examples include facility costs per capita, per vehicle trip, or cost per gallon of water per day.
Identifying New Development Facility Needs and Costs
We can take several different approaches to identify facility needs and costs to serve new development. Typically, this is a two-step process: 1) identify total facility needs; and 2) allocate to new development its fair share of those needs. Total facility needs are often identified through a master facility planning process that typically takes place concurrent with or prior to conducting the fee study. Engineered facility plans are particularly important in the areas of traffic, water, sewer, and storm drain due to the specialized technical analysis required to identify facility needs.
There are three common methods for determining new development’s fair share of planned facilities costs: 1) the existing inventory method; 2) the planned facilities method; and 3) the system plan method. Often the method selected depends on the degree to which the community has engaged in comprehensive facility master planning to identify facility needs.
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City of Norco, CA
The formula used by each approach and the advantages and disadvantages of each method is summarized as follows:
Existing Inventory Method
The existing inventory method allocates costs based on the ratio of existing facilities to demand from existing development as follows:
Current Value of Existing Facilities = $/unit of demand Existing Development Demand Under this method new development funds the expansion of facilities at the same standard currently serving existing development. By definition, the existing inventory method results in no facility deficiencies attributable to existing development. This method is often used when a long-range plan for new facilities is not available. Only the initial facilities to be funded with fees are identified in the fee study. Future facilities to serve growth are identified through an annual Capital Improvement Plan (CIP) and budget process, possibly after completion of a new facility master plan.
Planned Facilities Method
The planned facilities method allocates costs based on the ratio of planned facility costs to demand from new development as follows:
Cost of Planned Facilities = $/unit of demand New Development Demand This method is appropriate when specific planned facilities can be identified that only benefit new development.
Examples include street improvements to avoid deficient levels of service or a sewer trunk line extension to a previously undeveloped area. This method is appropriate when planned facilities would not serve existing development. Under this method new development funds the expansion of facilities at the standards used for the master facility plan.
System Plan Method
This method calculates the fee based on the ratio of the value of existing facilities plus the cost of planned facilities divided by demand from existing plus new development:
Value of Existing Facilities + Cost of Planned Facilities = $/unit of demand Existing + New Development Demand This method is useful when planned facilities need to be analyzed as part of a system that benefits both existing and new development. It is difficult, for example, to allocate a new fire station solely to new development when that station will operate as part of an integrated system of fire stations that work together to achieve the desired level of service.
Police substations, civic centers, and regional parks are examples of similar facilities.
The system plan method ensures that new development does not pay for existing deficiencies. Often, facility standards based on policies such as those found in General Plans are higher than existing facility standards. This method enables the calculation of the existing deficiency required to bring existing development up to the policybased standard. The local agency must secure non-fee funding for that portion of planned facilities, required to correct the deficiency, to ensure that new development receives the level of service funded by the impact fee.
Calculating the Fee Schedule
At its simplest, the fee schedule uses the cost per unit of demand discussed in the last subsection to generate the fee schedule. This unit cost is multiplied by the demand associated with a new development project to calculate the fee for that project. The fee schedule uses different demand measures by land use category to provide a reasonable relationship between the type of development and the amount of the fee. We are familiar with a wide range of methods for identifying appropriate land use categories and demand measures depending on the particular study.
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City of Norco, CA
Related Approach Issues
Funding and Financing Strategies
In our experience, one of the most common problems with impact fee programs and with many CIPs is that the program or plan is not financially constrained to anticipated revenues. The result is a “wish list” of projects that generate community expectations that often cannot be fulfilled. Our approach is to integrate the impact fee program into the local agency’s existing CIPs while encouraging those plans to be financially constrained to available resources. We clearly state the cost of correcting existing deficiencies, if any, to document the relationship between the fee program and the need for additional non-fee funding.
We can also address one of the most significant drawbacks of an impact fee program – the inability to support conventional public debt financing, so projects can be built before all fee revenues have been received. In collaboration with financial advisors and underwriters, we have developed specific underwriting criteria so that fees can be used to pay back borrowing if another source of credit exists. Typically, this approach involves the use of Certificates of Participation or revenue bonds that are calibrated so that they can be fully repaid using impact fee revenues.
Economic Development Concerns
The development community often is concerned that fees and other exactions will become too high for development to be financially feasible under current market conditions. Local agencies have several strategies to address this concern, including:
▪ Conducting an analysis of the total burden placed on development, by exactions, to see if feasibility may be compromised by the proposed fees;
▪ Gathering similar data on the total fee burden imposed by neighboring or competing jurisdictions; ▪ Developing a plan for phasing in the fees over several years to enable the real estate market to adjust; ▪ Providing options for developers to finance impact fees through assessments and other types of financing districts; and
▪ Imposing less than the maximum justified fee.
If less than the maximum justified fee is imposed, we will work with staff to identify alternative revenues sources for the CIP. The CIP should remain financially feasible to maintain realistic expectations among developers, policymakers, and the public.
Stakeholder Participation
Stakeholder participation throughout the study supports a successful adoption process. Our approach is to create consensus first, around the need for facilities based on agreed upon facility standards. Second, we seek consensus around a feasible funding strategy for these needs, leading to an appropriate role for impact fees.
Gaining consensus among various groups requires a balanced discussion of both economic development and community service objectives. Often, our approach includes formation of an advisory committee to promote outreach to and input from the development community and other stakeholders. We have extensive experience facilitating meetings to explain the program and gain input.
Program Implementation
Fee programs require a certain level of administrative support for successful implementation. Our final report will include recommendations for appropriate procedures, such as:
▪ Regularly updating development forecasts;
▪ Regularly updating fees for capital project cost inflation; ▪ Regularly updating capital facility needs based on changing demands; ▪ Developing procedures for developer credits and reimbursements; and ▪ Including an administrative charge in the fee program.
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City of Norco, CA
3) Scope of Work
Willdan will work with the City to update its impact fees consistent with the Mitigation Fee Act and other relevant laws.
We want to ensure that our scope of services is responsive to the City’s needs and specific local circumstances. We will work with the City to revise our proposed scope based on input prior to approval of a contract, and as needed during the course of the study.
Task 1 - Review Applicable City Docs
Sub-Task 1.1: Identify Policy Issues
Objective: Identify and discuss potential policy issues raised by the study. Kick-off meeting with staff to review data needs, policy issues, and schedule.
Description: Review agency documents related to existing capital planning policies and funding programs including existing impact fees. Bring policy issues to City staff’s attention, as appropriate, during the project and seek guidance prior to proceeding. Potential policy issues include:
▪ Changes in implementation resulting from AB 602;
▪ Changes in approach and nexus findings necessary to comply with AB 602; ▪ Potential new impact fees for consideration
▪ Adequacy of General Plan, the City’s 2021-2029 sixth cycle Housing Element, and other public facility planning policies (e.g., level of service standards); impact fee ordinances and resolutions, and prior nexus studies;
▪ Master Plans, including
o Water Master Plan
o Parks Master Plan
o Recycled Water Master Plan
o Bicycle & Pedestrian Master Plan in progress
o Other Master Plans in progress
▪ Types of facilities to be funded by each fee;
▪ Land use categories for imposition of fees;
▪ Nexus approach to determining facility standards;
▪ Nexus approach to allocating cost burden among land uses, including need for separate fee zones;
▪ Potential alternative funding sources, if needed;
▪ Funding existing deficiencies, if identified; and
▪ Implementation concerns and strategies.
Action: (1) Information requests; and (2) revised project scope and schedule (if needed).
Task 2 – Findings and Fees
Sub-Task 2.1: Identify Existing Development and Future Growth Objective: Willdan will provide sufficient information and the necessary findings to help the City determine a full slate of impact fees based on the City’s proposed infrastructure requirements, General Plan growth, and 5-year Capital Improvement Project. (1) Identify estimates of existing levels of development; and (2) identify a projection of future growth consistent with current planning policy.
Description: Identify base year for estimating existing levels of development and for calculating facility standards based on existing facility inventories (see Task 3). Include entitled development that would be exempt from the fee program.
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City of Norco, CA
Consult with City staff to identify growth projections to a defined long-range planning horizon (10 to 30 years). Projections provide a basis for determining the facilities needed to accommodate growth (see Task 4). Consider projections from regional metropolitan planning agencies and other available sources - City staff to provide estimates and projections by zone if needed.
Develop approach for converting land use data to measure facility demand. For example, identify population and employment density factors to convert population and employment estimates to dwelling units and building square footage. Select appropriate approach for each impact fee based on:
▪ Available local data on facility demand by land use category; ▪ Approaches used by other agencies; and
▪ Support for other agency policy objectives.
Changes to estimates and projections during subsequent tasks could cause unanticipated effort and require an amendment to the scope of services and budget. Obtain approval of estimates and projections from City staff prior to proceeding.
Sub-Task 2.2: Determine Facility Standards
Note: Conduct Tasks 3, 4, and 5 separately for each intended facility and fee type. Conduct tasks concurrently because of the effect of facility standards (Task 3), facility needs (Task 4), and alternative funding (Task 5) on the fee calculation.
Objective: Determine standards to identify facilities required to accommodate growth.
Description: Identify and evaluate possible facility standards depending upon the facility type, current facility inventory data, and available facility planning documents. Consider use of: (1) adopted policy standards (e.g., General Plan, master facility plans); (2) standards derived from existing facility inventories; or (3) standards derived from a list of planned facility projects. City staff to provide policies, inventories, and project lists. Willdan will work with the City to identify additional costs that might be eligible for funding by the DIF.
Sub-Task 2.3: Determine Facilities Needs and Costs
Objective: Identify the type, amount and cost of facilities required to accommodate growth and correct deficiencies, if any.
Description: Quantify total planned facilities based on growth projection from Task 2 and facility standards from Task 3. Express planned facilities in general quantities such as acres of parkland, or as a specific list of capital projects from a master facility plan.
Location of planned facilities may or may not be specified. If only a general description of planned facilities is available through the planning horizon, City staff to provide a list of specific capital projects for use of fee revenues during the short term (e.g., five years).
Distinguish between: (1) facilities needed to serve growth (that can be funded by impact fees); and (2) facilities needed to correct existing deficiencies (that cannot be funded by impact fees). Use one of three cost allocation methods (existing inventory, system plan, or planned facilities).
Gather planning-level data on new facilities costs based on lump sum project cost estimates, or unit costs and project quantities (acres, building square feet, lane miles, etc.). Consider recent City experience, local market data such as land transactions, and consultant team experience from prior projects. Inflate older cost estimates to base year using appropriate cost indices.
The revised facility costs will form the basis of the capital improvement program needed for compliance with AB 602.
This scope of work does not include additional engineering analysis, including traffic engineering, to identify total facility needs, existing deficiencies, or cost estimates. Any such engineering/design work can be provided under a separate contract with Willdan Engineering or a third party. However, Willdan can use rough descriptions and comparables to calculate a reasonable cost estimate sufficient for use in the DIF study.
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Sub-Task 2.4: Identify Funding and Financing Alternatives Objective: Determine the extent of alternative (non-fee) funding available for new facilities.
Description: If impact fees are going to fund a capital project only partially, the Mitigation Fee Act requires the agency report on the anticipated source and timing of the additional funding every five years. There are two types of alternative funding sources that we will identify:
1. Funding from non-impact fee sources to correct existing deficiencies; and
2. Funding from new development other than impact fees that must be credited against new development’s impact fee contributions, possibly including taxes paid to finance facilities.
Identify anticipated alternative funding based on information from City staff or note that funds are still to be identified based on a list of probable funding alternatives. If fees will fund debt service include financing costs in the total cost of facilities.
Assume facilities to be funded predominantly on a pay-as-you-go basis. Scope does not include a cash flow analysis to analyze effect of timing of fee revenues on financing costs.
Sub-Task 2.5: Comparison and Feasibility Analysis
Objective:
Description:
Provide a comparison of the current and proposed impact fees to those of comparable/surrounding jurisdictions in Riverside County and an assessment of the effect of fees on development feasibility.
Willdan will compare a total of four Riverside County jurisdictions to be selected by the City. Willdan will also provide an assessment of the effect of the fees on project feasibility, typically using a ratio calculation to development value compared to industry benchmarks.
Typically, Willdan prepares an analysis of fees charged to a series of prototype developments (such as residential, retail, etc.) to provide an “apples to apples” comparison, but the exact methodology will be determined in consultation with the City. This comparison will be limited to four other jurisdictions.
Task 3 - Meetings
Sub-Task 3.1: Meetings
Objective: The project manager or other necessary Willdan staff will attend project meetings. A member of the Impact Fee project team will attend up to three (3) in-person meetings and presentations throughout the City’s engagement. Phone conferences are not considered meetings for the purposes of this scope.
Willdan will attend the following meetings:
▪ Kick off meeting between project manager and City staff to review objectives of study, agree to methodology, and exchange information with City staff.
▪ Review findings with City staff. The project team will provide information supporting findings to date and proposed fees.
▪ Willdan will attend City Council meeting to present final report.
Optional: Optional stakeholder and Council meetings may be requested by the City.
Task 4 – Draft Development Impact Fee Reports
Sub-Task 4.1: Calculate Fees and Prepare Draft Report
Objective: Provide technically defensible fee report that comprehensively documents project assumptions, methodologies, and results.
Description: Generate fee schedule to apportion facility costs to individual development projects. Use facility costs per unit of demand multiplied by demand by land use category based on data developed in prior tasks.
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Prepare draft report tables for City staff to review, that document each step of the analysis, including schedule of maximum justified fees by facility type land use category and all other requirements of the Mitigation Fee Act.
Following one (1) round of comments from City staff on the quantitative analysis and fee schedules, prepare administrative draft report. Following one (1) round of comments on administrative draft, prepare public draft for presentation to interested parties, the public and elected officials. This public review draft will be presented and public stakeholder meetings and at a Council informational session.
Action: If necessary, we will provide up to two (2) bound copies of the draft report, one (1) unbound copy, one (1) Microsoft Word copy; and up to two (2) bound copies of the final report.
Sub-Task 4.2: Prepare Impact Fee Schedule Calculation Tool Objective: Provide interactive tool that will ensure predictable and intuitive fees that are easily accessible and understandable to customers interested in calculating fees on their own for a particular type of project.
Description: Create impact fee calculator in Microsoft Excel that can be used by City staff and developers to calculate impact fees associated with a development project. The tool will have an input page that allows a user to identify project characteristics that drive the fee calculation. Results will be displayed by impact fee category and will be summarized in terms of the total amount due.
Deliverables: Microsoft Excel impact fee calculator model.
Task 5 – Report Deliverables
Sub-Task 5.1: Final Report
Objective: Willdan will prepare the draft and final reports to submit to the City, which will include information, methodology, findings, and recommendations.
Prepare final report, if necessary, based on comments received on the public draft report. If requested, post the report on our website for public access. Note that as of January 2022, the Nexus study is adopted separately from the fees, and with a 30-day notice.
Fees will be calculated for residential land use in compliance with AB 602.
Provide legal counsel with copies of fee resolutions and ordinances used by other jurisdictions.
Specifically, Willdan shall prepare a report containing, but not limited to, the following:
▪ Background Information
▪ Description of overall methodology
▪ Supporting justification
▪ Recommended Development Impact Fees
▪ Recommended adjustments to the Municipal Code provisions for Development Impact Fees ▪ Purpose of fees
▪ Identify how fees will be used.
▪ Analysis & calculations that provide legal nexus between recommended fee and the impact created by new development.
▪ The relationship between the fee’s use and the type of project on which it would be imposed. ▪ The need for any additional facilities and the type of project on which the fee would be imposed. ▪ The amount of the fee and the cost of the facility (or portion of the facility) attributable to new development.
▪ Summarize key results and findings, explain the methodology used and document compliance with the requirements of AB 1600.
▪ Recommended methodologies for annual adjustments to DIF’s over time, to keep up with cost escalation.
▪ Any additional matters that City staff should be made aware of.
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City of Norco, CA
Staff Support
To complete our tasks, we will need the cooperation of City of Norco staff. We suggest that the City assign a key individual to represent the City as the project manager who can function as our primary contact. We anticipate that the City’s project manager will:
▪ Coordinate responses to requests for information;
▪ Coordinate review of work products; and
▪ Help resolve policy issues.
Willdan will rely on the validity and accuracy of the City’s data and documentation to complete the analysis. Willdan will rely on the data as being accurate without performing an independent verification of accuracy and will not be responsible for any errors that result from inaccurate data provided by the client or a third party.
Project Disclaimer
The City of Norco further represents, acknowledges, and agrees that:
(i) The City uses the services of one or more municipal advisors registered with the U.S. Securities and Exchange Commission (“SEC”) to advise it in connection with municipal financial products and the issuance of municipal securities;
(ii) The City is not looking to Willdan to provide, and City shall not otherwise request or require Willdan to provide, any advice or recommendations with respect to municipal financial products or the issuance of municipal securities (including any advice or recommendations with respect to the structure, timing, terms, and other similar matters concerning such financial products or issues);
(iii) The provisions of this proposal and the services to be provided hereunder as outlined in the scope of services are not intended (and shall not be construed) to constitute or include any municipal advisory services within the meaning of Section 15B of the U.S. Securities Exchange Act of 1934, as amended (the “Exchange Act”), and the rules and regulations adopted thereunder;
(iv) For the avoidance of doubt and without limiting the foregoing, in connection with any revenue projections, cashflow analyses, feasibility studies and/or other analyses Willdan may provide the City with respect to financial, economic or other matters relating to a prospective, new or existing issuance of municipal securities of the City, (A) any such projections, studies and analyses shall be based upon assumptions, opinions or views (including, without limitation, any assumptions related to revenue growth) established by the City, in conjunction with such of its municipal, financial, legal and other advisers as it deems appropriate; and (B) under no circumstances shall Willdan be asked to provide, nor shall it provide, any advice or recommendations or subjective assumptions, opinions or views with respect to the actual or proposed structure, terms, timing, pricing or other similar matters with respect to any municipal financial products or municipal securities issuances, including any revisions or amendments thereto; and
(v) Notwithstanding all of the foregoing, the City recognizes that interpretive guidance regarding municipal advisory activities is currently quite limited and is likely to evolve and develop during the term of the potential engagement and, to that end, the City will work with Willdan throughout the term of the potential Agreement to ensure that the Agreement and the services to be provided by Willdan hereunder, is interpreted by the parties, and if necessary amended, in a manner intended to ensure that the City is not asking Willdan to provide, and Willdan is not in fact providing or required to provide, any municipal advisory services.
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City of Norco, CA
Quality Control Procedures
Project Management Approach
At Willdan, we utilize a Project Management Process/Approach that ensures projects are completed on time, within budget and most importantly yield results that match our clients’ expectations. We will document discussions leading to important policy decisions and/or the choice of critical assumptions used in constructing the analysis and model.
Following key stakeholder discussions, we will schedule a call to summarize findings and direction with City staff, to make certain that we are in agreement with stated objectives, and that feedback is incorporated as appropriate.
Through the process of providing regular updates and conducting status conference calls, potential issues will be highlighted, discussed, and resolved. Any deviances from the project timeline will be identified and plans will be developed for course corrections. If necessary, changes in approach or strategy will be discussed with City staff, to meet the needs of the City of Norco. In doing this, we will ensure the project stays on track and evolves, based upon current thinking and outside dynamics.
Project Management
Define the
Project
Plan
the Project
Manage
the Project
Review the
Project
Communicate
the Project
▪ Identify the project
scope, set
objectives, list
potential
constraints,
document
assumptions.
▪ Define a course of
action and develop
an effective
communication
plan.
▪ Provide a forum for
applying the team’s
collective expertise
to solving difficult
analytical issues
that arise in
complex projects.
▪ Collaborate with
the project team
and client staff and
agree upon timeline
to meet the
estimated project
timeline.
▪ Assign workload
functions to
appropriately
qualified staff to
ensure milestones
are met, on time.
▪ Pre-schedule
quality control
meetings with
project team to
maintain the
progressive motion
of the project.
▪ Manage the
execution of the
project.
▪ Direct existing and
upcoming project
tasks.
▪ Control and
monitor work in
progress.
▪ Provide feedback
to client and
project team.
▪ Identify and
resolve deviances
from project
timeline.
▪ Review all work
product and
deliverables.
▪ Utilize structured
quality assurance
process involving
up to three levels
of review at the
peer level, project
manager level.
▪ Procure executive
officer level review.
▪ Communicate with
the client regarding
work status and
progress.
▪ Ensure client is in
receipt of regular
status updates.
▪ Schedule regular
conference calls to
touch base.
▪ Inform client of
roadblocks, work
outside of projected
scope.
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Quality Assurance / Quality Control Process
Our quality control program is incorporated as a required element of Willdan’s day-to-day activities. There are three levels of reviews incorporated for our deliverables:
1) Peer review;
2) Project Manager review; and
3) Final quality assurance
manager review.
Peer reviews involve one analyst
reviewing the work of another,
while project manager reviews
are conducted prior to delivery to
the quality assurance manager.
The quality assurance manager
then performs a final review. This
assures that our final product has
been thoroughly evaluated for
potential errors; thus, providing
quality client deliverables, and
high levels of integrity and outcomes.
The primary mission of our quality control plan is to provide staff with the technical and managerial expertise to plan, organize, implement, and control the overall quality effort, thereby ensuring the completion of a quality project within the time and budget established.
Quality Assurance Goals
Goal Lead Task
Quality Assurance /
Control Process James Edison
▪ Establish a set of planned and systematic actions for maintaining a high level of quality in the professional services performed; Emphasize quality in every phase of work;
▪ Ensure efficient use of resources;
▪ Establish a consistent and uniform approach to the services performed; and
▪ Implement appropriate quality control measures for each work task of the project.
Quality Control Plan James Edison;
Carlos Villarreal
▪ Contract deliverables;
▪ Specific quality control procedures;
▪ Special quality control emphasis;
▪ Budget and manpower requirements;
▪ Overall project schedule and budget; and
▪ Project documentation requirements.
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City of Norco, CA
4) Schedule
Willdan understands time is of the essence for the City to begin this engagement. Typically, an impact fee study requires approximately six to seven months from notice to proceed to adoption. The proposed schedule can only be met with the cooperation of City staff. Delays in responding to our requests for data and review will result in corresponding delays to the project schedule. If that is the case, we will notify the City immediately of the possible impact on the schedule.
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City of Norco, CA
5) Experience and Qualifications
Firm Overview
Willdan Financial Services is an operating division
within Willdan Group, Inc. (WGI), which was founded in
1964 as an engineering firm working with local
governments. Today, WGI is a publicly traded company
(WLDN). WGI, through its divisions, provides
professional technical and consulting services that
ensure the quality, value and security of our nation’s
infrastructure, systems, facilities, and environment. The firm has pursued two primary service objectives since
its inception—ensuring the success of its clients and
enhancing its surrounding communities.
A financially stable company, Willdan has approximately 1,500 employees working in more than a dozen states
across the U.S. Our employees include a number of
nationally recognized Subject Matter Experts for all
areas related to the broadest definition of connected
communities—including a team who will be
committed to contribute their expertise throughout
the duration of the City of Norco’s Development
Impact Fee Study engagement.
Willdan has solved economic, engineering and energy
challenges for local communities and delivered industryleading solutions that have transformed government and commerce. Today, we are leading our clients into a future accelerated by a change in resources, infrastructure, technology, regulations, and industry trends.
Willdan Financial Services
Established on June 24, 1988, Willdan Financial Services, is a national firm and is one of the largest public sector economic and financial analysis consulting firms in the United States. Since that time, we have helped over 800 public agencies successfully address a broad range of infrastructure challenges.
Our staff of nearly 80 professionals support our clients by conducting year-round workshops and on-site training to assist them in keeping current with the latest developments in our areas of expertise.
Willdan assists local public agencies by providing the following services:
Willdan Financial Services
Services
▪ User fee studies;
▪ Cost allocation studies;
▪ Utility rate and cost of service studies;
▪ Real estate economic analysis;
▪ Feasibility studies;
▪ Municipal Advisory;
▪ Arbitrage and Continuing Disclosure Services;
▪ Economic development strategic plans;
▪ Development impact fee establishment and
analysis;
▪ District Administration Services;
▪ Property tax audits;
▪ Tax increment finance district formation and
amendment;
▪ Housing development and implementation
strategies;
▪ Debt issuance support; and
▪ Long-term financial plans and cash flow modeling.
In the past five years Willdan has conducted
over 125 Impact Fee Studies
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City of Norco, CA
Key Staff Members
Our management and supervision philosophy for the project team is very simple: staff every position in sufficient numbers with experienced personnel to deliver a superior product and convey results to decision makers in meetings, on time and on budget.
With that philosophy in mind, we have selected experienced professionals for the City’s engagement. We are confident that our team possesses the depth of experience that will successfully fulfill the desired work performance.
City of Norco Project Team
Key Team Member Project Role Responsibility to the Engagement James Edison, JD, MPP
Managing Principal Principal-in-Charge
▪ Ensure client satisfaction, flow of communication, and management of the project
▪ Technical guidance
▪ Project oversight
▪ Quality assurance & control, and
▪ Meeting and presentation attendance
Carlos Villarreal, MPP
Principal Consultant
Project Manager
▪ Collect, interpret, and disseminate key data
▪ Day to day contact
▪ Production of key elements of the analyses
▪ Model development
▪ Report preparation, and
▪ Meeting and presentation attendance
Proven Professionals
The Team’s quality is often as important as the consulting firm’s reputation. Willdan is known for its personal, customized service. Our team will work with the City’s professional staff to provide long‐term service, that is our prime goal.
Community Investment
Much of our success in developing impactful programs and studies is due to our experiences in meeting with citizen / stakeholder groups and elected officials. Our ability to explain technical information in a concise, understandable manner is a fundamental reason for our high degree of success. Willdan staff takes the time to include and inform the Community.
Project Availability
Willdan’s Financial Consulting Services group is composed of a team of over 20 senior-level professional consultants.
While each member of the project team currently has work in progress with other clients, the workload is at a manageable level with sufficient capacity to meet the needs of the City specific to the schedule and budget for this engagement.
Resumes
Resumes for Willdan’s project team are presented on the following pages.
The team presented within this proposal has
worked collectively on numerous projects, such
as the one requested by the City of Norco; an
established work practice between the team
members has been forged, this proven longstanding system has benefited our clients.
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City of Norco, CA
Education
Juris Doctorate,
University of
California, Berkeley,
School of Law
Master of Public
Policy, Goldman
School of Public
Policy, University of
California, Berkeley
Bachelor of Arts,
magna cum laude,
Harvard University
Professional
Registrations
Member of State Bar,
California
Affiliations
Council of
Development Finance
Agencies
CFA Society of
San Francisco
Congress for the
New Urbanism
Urban Land Institute
Seaside Institute
International Economic
Development Council
26 Years’ Experience
James Edison, JD, MPP
Principal-in-Charge
Mr. James Edison specializes in the nexus between public and private, with expertise in publicprivate partnerships, and the benefits of economic development to municipalities and state, provincial, regional, and national governments. He possesses deep expertise in land use economics, with a specialty in finance and implementation, including fiscal impact and the public and private financing of infrastructure and development projects, both in the U.S. and internationally. Mr. Edison’s public-sector experience includes local and regional economic impact studies; fiscal impact evaluations; new government formation strategies; and the creation of impact fees, assessments, and special taxes to fund infrastructure and public facilities. He has conducted numerous evaluations of the economic and fiscal impact of specific plans and consulted on a wide variety of land use planning topics related to community revitalization and the economic and fiscal impacts of development.
As a former bond attorney, Mr. Edison understands the legal underpinnings and technical requirements of public financing instruments and has advised both public and private clients on the use of individual instruments, and the interaction between those instruments and the needs of developers and project finance.
Related Experience
County of Riverside, CA – Comprehensive Impact Fee Update: Mr. Edison led the effort to establish a comprehensive fee program for the County, including facilities fees for fire, police, parks, criminal justice, libraries, and traffic. He prepared the technical and analytical documents necessary to calculate the fee and establish the necessary nexus to collect it, as well as presented the fees during public hearings to the County Board of Supervisors. Furthermore, Mr.
Edison is currently leading an update to the County’s development impact fees for 2030.
City of Murrieta, CA – Master Facilities Plan and Development Impact Fee Calculation Report Update: Mr. Edison served as the principal-in-charge of the City’s study to update their Master Facilities Plan and Development Impact Fee Calculation Report, to ensure that new development pays the capital costs associated with growth.
City of Fillmore, CA – North Fillmore Specific Plan Nexus Study: Mr. Edison is currently assisting the City with an analysis of development impact fees needed to finance public facilities necessary for the development of the North Filmore Specific Plan. Public facilities included in this analysis include water, sewer systems, recycled water, and streets.
City of Pismo Beach, CA – Development Impact Fee Update: Mr. Edison served in the role of principal-in-charge of an update to the City’s impact fee program. The program included the following facilities: police, fire protection, park and recreation improvements, water system improvements, wastewater, traffic, and general government/administrative facilities. Prior to fee program adoption, a stakeholder meeting was held to inform the public about the project, and to solicit feedback from the development community.
City of Morgan Hill, CA – Development Impact Fee Update: Mr. Edison served as principalin-charge of an update to the City’s existing nexus study, which included general government, fire, police, parks and recreation, library, and storm drain fee categories. The project scope included stakeholder outreach.
City of Alameda, CA – Comprehensive Impact Fee Update: Mr. Edison led the Willdan team that updated the City of Alameda’s impact fee programs, as well as created a separate impact fee program for Alameda Point, the former Alameda Naval Air Station.
City of Santa Clara, CA – Parks Fee Update: Mr. Edison served as principal-in-charge of the City’s park impact fee update. This project included a demographic analysis and estimation of the cost of acquiring and improving public park land.
Comprehensive Development Impact Fee Study 16
City of Norco, CA
Education
Master of Public
Policy, Goldman
School of Public
Policy, University of
California, Berkeley
Bachelor of Arts,
Geography, University
of California, Los
Angeles; Minor in
Public Policy and
Urban Planning
Areas of Expertise
Fiscal Impact Analyses
Development Impact
Fees
Public Facilities
Financing Plans
GIS Analysis
17 Years’ Experience
Carlos Villarreal, MPP
Project Manager
Mr. Carlos Villarreal, a Financial Consulting Group Principal Consultant, is proposed to serve in the role of project manager due to his experience documenting nexus findings for development impact fees, preparing capital improvement plans, facilitating stakeholder involvement, and analyzing the economic impacts of fee programs. He has supported adoption of fee programs funding a variety of facility types.
Related Experience
County of Riverside, CA – Comprehensive Impact Fee Update: Mr. Villarreal served as the lead analyst in the effort to establish a comprehensive fee program for the County, including facilities fees for fire, police, parks, criminal justice, libraries, and traffic. He assisted in the preparation of the technical and analytical documents necessary to calculate the fees and establish the necessary nexus. Mr. Villarreal is once again serving on the project team to update the County’s impact fees through 2030.
City of Pismo Beach, CA – Development Impact Fee Update: Mr. Villarreal served in the role of project manager for the City’s impact fee project. The program included: police, fire protection, park and recreation improvements, water system improvements, wastewater, traffic, and general government/administrative facilities. Prior to fee program adoption, a stakeholder meeting was held to inform the public about the project, and to solicit feedback from the development community.
City of Carpinteria, CA – Development Impact Fee Update: Mr. Villarreal served in the role of lead analyst to update the City of Carpinteria’s impact fees, which included highways and bridges, streets and thoroughfares, traffic control, parking, storm drain, general government, aquatic, park and recreation, and open space. The City has engaged Willdan again to update their impact fees and Mr. Villarreal is serving in the role of project manager.
City of McFarland, CA – Impact Fee Study Update: Mr. Villarreal served as project manager updating the City’s development impact fee program. The study comprehensively updated the City’s fee program, incorporating new facility master planning and infrastructure costs necessary to facilitate expected development in the City through 2040. The study included the following facility fee categories: general government, law enforcement, park and recreation, fire protection, water, sewer, storm drain, and traffic. The fees were adopted by the City Council in 2020.
County of San Benito, CA – Comprehensive Impact Fee Study: As project manager, Mr.
Villarreal assisted the County with the preparation of an updated and expanded impact fee program. The study included updates to the following fees: capital improvements, road equipment, fire mitigation, and park and recreation.
City of Soledad, CA – Development Impact Fee Study Update: Mr. Villarreal managed the update of the City’s impact fee program, specifically changes in demographics, growth projections, project costs, and facility standards. In particular, the City had to revise its capital facilities needs to accommodate a much lower amount of growth than what was projected before 2007. The resulting fees funded new development’s share of planned facilities, while not overburdening development with unnecessary costs.
City of Morgan Hill, CA – Development Impact Fee Update: Mr. Villarreal served as lead analyst assisting with an update to the City’s existing nexus study, including general government, fire, police, parks and recreation, library, and storm drain fee categories. The project scope included stakeholder outreach. The City engaged Willdan again to update the study and Mr.
Villarreal served in the role of project manager.
City of Oroville, CA – Impact Fee Study Update: Mr. Villarreal served as project manager for a study updating the City’s development impact fee program, including parks, law enforcement, general government, fire suppression, and traffic facilities. The fee program was adopted by the City Council in 2015. The City engaged Willdan again to update the 2015 study, and Mr. Villarreal served in the role of project manager.
Comprehensive Development Impact Fee Study 17
City of Norco, CA
References
Provided below are client references for projects completed by Willdan and the project team members proposed herein, which demonstrates our ability to provide the requested services. We are proud of our reputation for customer service and encourage you to contact our past clients regarding our commitment to excellence.
City of La Mesa, CA
Public Improvement Threshold Analysis
Willdan assisted the City of La Mesa in updating its Municipal Code provisions which required the dedication and improvement of street frontage adjacent to development projects. The project included a case study of another local City’s requirements for identifying the threshold for requiring public improvements. The study recommended a threshold of 1,000 building square feet for new projects, rather than the construction valuation threshold approach that was currently being used.
In 2022, through a competitive bid, Willdan was selected again by the City to update their Park Impact Nexus Analysis.
The update incorporated changes in land acquisition costs, facility costs, growth projections and facility standards.
The project included outreach to the City’s Community Services Commission. Ultimately the City Council chose not to adopt the updated fees, in order minimize the burden on development to facilitate the production of affordable housing.
Client Contact: Mr. Lyn Dedmon, Senior Management Analyst 8130 Allison Avenue, La Mesa, CA 91942
Tel #: (619) 667-1339 | Email: [email protected]
City of Pismo Beach, CA
Development Impact Fee Study
Willdan assisted the City of Pismo Beach with an update to their impact fee program. The program included the following facilities: police, fire protection, park and recreation improvements, water system improvements, wastewater, traffic, and general government/administrative facilities. This project was warranted due to the amount of time that had elapsed since the prior update, coupled with the adoption of new and revised public facility master plans that complemented the updated impact fees.
Prior to fee program adoption, Willdan held a stakeholder meeting to inform the public about the project, and to solicit feedback from the development community.
Client Contact: Ms. Nadia Feeser, Administrative Services Director 760 Mattie Road, Pismo Beach, CA 93449
Tel #: (805) 773-7010 | Email: [email protected]
City of Indian Wells
Development Impact Fee Nexus Study
Willdan was retained to perform a comprehensive update to the City’s impact fee program in 2022. The fee program was comprised of a variety of fee categories including transportation, public facilities, recreation, park and storm drain. The analysis also included a development impact fee comparison of six other neighboring municipalities within the Coachella Valley.
Client Contact: Mr. Kevin McCarthy, Finance Director
44950 Eldorado Drive, Indian Wells, CA 92210
Tel #: (760) 346-2489 | Email: [email protected]
Comprehensive Development Impact Fee Study 18
City of Norco, CA
Recent Studies
Listed below, is an abbreviated list of the public agencies in which similar services are currently in progress, or have been completed, in the previous five years by the project team included within this submission.
Willdan Financial Services
Development Impact Fee Experience
Partial Client List
City of Alameda, CA City of Parkland, FL
City of Antioch, CA City of Petaluma, CA
City of Arcadia, CA City of Pismo Beach, CA
City of Artesia, CA City of Pittsburg, CA
City of Bakersfield, CA City of Pleasant Hill, CA
City of Banning, CA City of Pomona, CA
City of Bell Gardens, CA City of Rancho Mirage, CA
City of Bellflower, CA City of Redwood City, CA
City of Brea, CA City of Rialto, CA
City of Calexico, CA City of Richmond, CA
City of Calimesa, CA City of Rio Rancho, NM
City of Carpinteria, CA City of Riverbank, CA
City of Chino Hills, CA City of Rolling Hills Estates, CA City of Clovis, CA City of Rosemead, CA
City of Coachella, CA City of San Carlos, CA
City of Commerce, CA City of San Fernando, CA
City of Compton, CA City of San Jacinto, CA
City of Corona, CA City of San Marcos, CA
City of Covina, CA City of San Ramon, CA
City of Cudahy, CA City of Santa Clara, CA
City of Dixon, CA City of Sebastopol, CA
City of Dublin, CA City of Selma, CA
City of El Monte, CA City of Sierra Madre, CA
City of El Segundo, CA City of Soledad, CA
City of Emeryville, CA City of South Gate, CA
City of Fillmore, CA City of South San Francisco, CA
City of Fountain Valley, CA City of St. Helena, CA
City of Fremont, CA City of Tehachapi, CA
City of Garden Grove, CA City of Thousand Oaks, CA
City of Gilroy, CA City of Tracy, CA
City of Gonzales, CA City of Upland, CA
Comprehensive Development Impact Fee Study 19
City of Norco, CA
Willdan Financial Services
Development Impact Fee Experience
Partial Client List
City of Goose Creek, SC City of Visalia, CA
City of Guadalupe, CA City of Wasco, CA
City of Greenfield, CA Coachella Valley Association of Governments, CA City of Grover Beach, CA Contra Costa Fire Protection District, CA City of Hawthorne, CA County of Clay, FL
City of Healdsburg, CA County of Kern, CA
City of Hercules, CA County of Kings, CA
City of Hollister, CA County of Los Angeles, CA
City of Huntington Beach, CA County of Madera, CA
City of Huntington Park, CA County of Merced, CA
City of Indian Wells, CA County of Placer, CA
City of Irwindale, CA County of Riverside, CA
City of Kingsburg, CA County of Sacramento, CA
City of La Mesa, CA County of San Benito, CA
City of La Verne, CA County of San Diego, CA
City of Las Cruces, NM County of San Joaquin, CA
City of Lake Elsinore, CA County of San Luis Obispo, CA City of Lake Forest, CA County of Santa Barbara, CA
City of Lancaster, CA County of Solano, CA
City of Lawndale, CA County of Sonoma, CA
City of Livermore, CA County of Stanislaus, CA
City of Long Beach, CA County of Tulare, CA
City of McFarland, CA County of Yolo, CA
City of Madera, CA East Contra Costa Fire Protection District, CA City of Manteca, CA Kern Council of Governments, CA
City of Menifee, CA Nevada County Consolidated Fire District, CA City of Moreno Valley, CA Rodeo-Hercules Fire Protection District, CA City of Morgan Hill, CA San Gorgonio Memorial Healthcare District, CA City of Mountain View, CA Stanislaus Council of Governments, CA City of Murrieta, CA Tehachapi Valley Rec. & Park District, CA City of Newport Beach, CA Town of Mead, CO
City of Oroville, CA Town of Windsor, CA
City of Pacifica, CA Tulare County Association of Governments, CA City of Patterson, CA Village of Taos Ski Valley, NM
27368 Via Industria, Suite 200
Temecula, CA 92590-4856
951.587.3500 | 800.755.6864 | Fax: 951.587.3510
www.willdan.com
Comprehensive Development Impact Fee Study 1
City of Norco, CA
6) Fee Proposal
Development Impact Fee Study
Based upon the scope of work identified herein, Willdan proposes a not-to-exceed fixed fee of $58,146 for the City’s Development Impact Fee Study which includes a 10% contingency. This fee includes updates to existing fees and up to four new categories (including water and sewer). The table below provides a breakdown of the proposed fee by task and team member.
Sub-Consultant
Due to the nature of the requested services and Willdan’s vast experience with the proposed scope of work, Willdan will not employ, contract with, or use the services of any subconsultants at any point during this engagement and therefore will not have any subconsultant mark-ups.
Notes
Please note the following:
▪ The fee denoted above includes attendance at up to four in-person meetings with City staff, stakeholders, and City Council.
Attendance at more than four meetings and/or presentations will be billed at our current hourly rates, provided below, and actual expenses.
▪ Comprehensive written responses to resolve conflicts or preparation of more than one set of major revisions to the draft report, will be classified as Additional Services, and may require additional billing at hourly rates stated in the hourly rate schedule listed below. These additional fees shall only take effect once the fixed fee stated above has been exceeded.
▪ Our fixed fee includes all direct expenses associated with the project. ▪ We will invoice the City monthly based on percentage of project completed. ▪ City shall reimburse Willdan for any costs Willdan incurs, including without limitation, copying costs, digitizing costs, travel expenses, employee time and attorneys' fees, to respond to the legal process of any governmental agency relating to City or relating to the project. Reimbursement shall be at Willdan 's rates in effect at the time of such response.
▪ Optional/Additional Services beyond the listed Scope of Services may be authorized by the City and will be billed at our then-current hourly overhead consulting rates.
Comprehensive Development Impact Fee Study 2
City of Norco, CA
Hourly Rates
Provided below is Willdan’s hourly rate table identifying current hourly rates for additional or optional services.
Willdan Financial Services
Hourly Rate Schedule
Position Team Member Hourly Rate
Vice President/Director $250
Managing Principal James Edison $240
Principal Consultant Carlos Villarreal $210
Senior Project Manager $185
Project Manager $165
Senior Project Analyst $135
Senior Analyst $125
Analyst II $110
Analyst I $100
Comprehensive Development Impact Fee Study 3
City of Norco, CA
7) Exceptions/Deviations
Willdan’s legal team has reviewed the City’s Professional Services Agreement provided in the City’s RFP. Willdan will sign the agreement as is, we request no changes to the terms and conditions.
City Council
STAFF REPORT
Date: April 17, 2024 Agenda Item:
3.K.
To: Honorable Mayor and City Council Members
From: Alma Robles, Community Development Director
Prepared By: Sophia Thompson, Deputy City Clerk
Department: Planning
SUBJECT:
Recap of Actions Taken by the Planning Commission at its Meeting Held on April 10, 2024
RECOMMENDATION:
Receive and file the recap of actions taken by the Planning Commission at its meeting held on April 10, 2024.
REVIEWED AND APPROVED BY:
ATTACHMENT(S):
Planning Commission - Apr 10 2024 - DRAFT Minutes
DRAFT - MINUTES
Planning Commission
Wednesday, April 10, 2024
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL TO ORDER 7:00 PM
ROLL CALL Jeff Shyu, Chair
Fia Sullivan, Vice Chair
Danny Azevedo, Member
Patricia Hedges, Member
Henry Langlois, Youth Commissioner
ABSENT Tara Young, Member
PLEDGE OF ALLEGIANCE Danny Azevedo, Member
Community Development Director Robles read the Appeal Notice into the record.
APPEAL NOTICE: In the event that you disagree with the action taken by the Planning Commission in regards to your application, or with any condition for approval of the application which is not a specific requirement of the Norco Municipal Code, you are entitled to appeal such determination or conditions to the Norco City Council, provided that such appeal is filed with the Norco City Clerk within ten calendar days after the requirements for appeals, inclusive of payment of an appeal fee.
1. PUBLIC COMMENTS
There were no public comments at this time.
2. CONSENT CALENDAR
Approval of Consent Calendar as presented.
M/S HEDGES/SULLIVAN Approve Consent Calendar as presented. The Motion was carried by the following roll call vote:
AYES: SHYU, SULLIVAN, AZEVEDO, AND HEDGES
NOES: NONE
ABSENT: YOUNG
ABSTAIN: NONE
Planning Commission Minutes - April 10, 2024
YOUTH COMMISSIONER LANGLOIS: AYE
2.A. Approval of Planning Commission Regular Meeting Minutes Action: Approved the Planning Commission Meeting Minutes of March 13, 2024.
3. ITEM(S) PULLED FROM CONSENT CALENDAR
There were no items pulled from the Consent Calendar.
4. DISCUSSION / ACTION ITEM(S)
4.A. Site Plan 2023-02 (Afram): A request to convert three existing buildings for commercial/office use and legalize a 468 square-foot addition on one of the existing buildings to accommodate an electrical supply business (as Phase 1 for development of the project site) at 433 Sixth Street, within the C-4 (Commercial) Zone. (APNs: 133-160-008 and -026). This request also includes approval of the master site plan as a guide for development of the site in two Phases.
Senior Planner Acuna presented the report on Site Plan 2023-02.
Community Development Director Robles and Senior Planner Acuna answered questions and addressed concerns from the Planning Commission Members.
Chair Shyu invited the applicant to speak.
Applicant Afram did not have any questions and stated he is open to any suggestions and willing to comply with any changes required.
Chair Shyu opened Public Comment.
Bill Naylor spoke regarding concerns about the cohesive look of all the buildings on the site plan and that they should be made to look appropriate for Sixth Street with western architecture and earthtone colors.
Shannon Powell spoke regarding her concern with the kitchens being compliant with HIPAA and OSHA standards of having a food handlers permit. She also stated her concern with the look of the buildings being cohesive with others on Sixth Street and her concern with large trucks and the damage they can cause to the roads.
Planning Commission Minutes - April 10, 2024
Chair Shyu closed Public Comment.
Commission members discussed their concerns with the colors chosen for the buildings, the lack of western themed architecture, the removal of the multiple kitchens and the CMU wall on the property.
Community Development Director Robles and Senior Planner Acuna answered questions and addressed concerns from the Planning Commission Members.
Following discussion, motion was made.
M/S SULLIVAN/SHYU Approval of Site Plan 2023-02 subject to the attached Conditions of Approval on Resolution 2024-09 and the additional conditions to have the Site Plan sent to ARC for review of earthtone colors and architecture, to have no cook top, stove, oven or range in any of the buildings, to have conforming concrete block walls along the rear of the property, demolition of the awning behind building B, and for future horse staging areas be placed in the landscaping areas. The Motion was carried by the following roll call vote:
AYES: SHYU, SULLIVAN, AZEVEDO, AND HEDGES
NOES: NONE
ABSENT: YOUNG
ABSTAIN: NONE
YOUTH COMMISSIONER LANGLOIS: AYE
4.B. Discussion on: the existing requirements for Primary Animal Keeping Areas (PAKAs) and open animal keeping areas (AKAs) on private properties zoned for animal-keeping, and changes/updates that may be warranted to further facilitate and protect animal-keeping.
Community Development Director Robles presented the report on Primary Animal Keeping Areas.
Community Development Director Robles answered questions and addressed concerns from the Planning Commission Members.
Chair Shyu opened Public Comment.
Planning Commission Minutes - April 10, 2024
Mike Thompson spoke regarding his concern for the PAKA/AKA restrictions on smaller lots and suggested that these restrictions be applied to ADU applications as it might deter some ADUs from being built.
Bill Naylor spoke regarding his concern with the minimum requirement of square feet for round pens and turnout areas for horses and recommended they be increased. He spoke regarding his positive experience with owning a mare motel and the opportunities for open space it allows for the horses. He stated his concerns with the language in the Municipal Code and challenges it may bring.
Bonnie Slagger spoke regarding her concerns for the square feet requirements for open space and turnout areas for the horses. She stated the typical requirements of horse stables to have the horses be out in an open space every day or to be with a trainer for a specified amount of time to ensure horses are not in their stalls 24/7.
Shannon Powell spoke regarding her concern for the properties in Norco that are built on a slope but have a requirement to have the PAKAs be on a flat surface.
Chair Shyu closed Public Comment.
Planning Commission Members discussed their concerns with the current PAKA/AKA requirements.
Community Development Director Robles answered questions and addressed concerns from the Planning Commission.
Following discussion and without formal motion, the Planning Commission requested that the discussion on PAKAs be continued at a future meeting.
5. PUBLIC HEARING(S)
5.A. Variance 2023-06 (Mutka): A request for a Variance from the side and rear yard setback requirement of the Norco Municipal Code, Section 18.13.16(B)1 and Section 18.13.16(C) to allow a 933 square-foot addition and remodeling of an existing home located at 951 Fifth Street within the A-1 (Agricultural LowDensity) Zone. APN (131-350-015).
Associate Planner Woods-Diaz presented the report on Variance 2023-06.
Chair Shyu asked a question.
Associate Planner Woods-Diaz answered the question.
Planning Commission Minutes - April 10, 2024
Following discussion, motion was made.
M/S SHYU/HEDGES That the Planning Commission continue this item offcalendar. The Motion was carried by the following roll call vote:
AYES: SHYU, SULLIVAN, AZEVEDO, AND HEDGES
NOES: NONE
ABSENT: YOUNG
ABSTAIN: NONE
YOUTH COMMISSIONER LANGLOIS: AYE
6. COMMISSION / STAFF COMMUNICATIONS
Community Development Director Robles invited the Commission to the General Plan Open House on Thursday, April 11, at The Barn from 4pm-7pm.
Community Development Director Robles answered questions from the Planning Commission regarding the General Plan Open House.
Deputy City Attorney Halfman wished everyone a great evening.
7. ADJOURNMENT
Chair Shyu adjourned the meeting at 8:47 PM.
City Council
STAFF REPORT
Date: April 17, 2024 Agenda Item:
3.L.
To: Honorable Mayor and City Council Members
From: Lori Sassoon, City Manager
Prepared By: Cindy Balderas, Human Resources Manager
Department: Human Resources
SUBJECT:
Approve Salary Range for Community Development Specialist and Senior Community Specialist.
RECOMMENDATION:
Adopt Resolution No. 2024-17 to approve the salary range for Community Development Specialist and Senior Community Specialist.
SUMMARY:
Update salary range for the classification series of Community Development Specialist.
BACKGROUND:
The City recently approached the Norco General Employees Association (NGEA) regarding the update to the job description for the Permit Technician Series. The current job description encompasses duties for both Community Development and Public Works. The request to update will result in separation of duties by creating a job description for the Community Development Specialist Series and a separate job description for Permit Technician Series. The job description for the Community Development Specialist Series reflects current duties in that classification which include support to the Planning and Building Divisions of the Community Development Department. The Permit Technician would reflect the current duties which include support to the Engineering Division of the Public Works Department.
The implementation of Class & Comp in 2023 resulted in a job title change for Planning and Building Permit Technician Series to Community Development Specialist Series.
The class and comp implementation also provided the Sr. Community Development Specialist classification with a salary increase of 1.5% and the Community Development Specialist classification with increase of 0.6%
During discussions regarding the job description updates, NGEA requested that the salaries for Community Development Specialist classifications be increased by 5% (increase of 2 salary ranges). They referred to the fact that the Community Development Specialist series has evolved over the years and has had an increase in duties beyond the scope of the current Permit Technician series. Their duties encompass more than permits and involves the support to more than one division.
FISCAL IMPACT:
The impact on the current FY 2023-24 operating budget will be less than $1K and will be absorbed due to vacancy salary savings. The impact on the FY 2024-25 operating budget would be approximately $3K to $5K year for the Specialist and $4K to $6K per year for the Senior Specialist.
RELATIONSHIP TO STRATEGIC PLAN:
This action is consistent with Strategic Plan Direction No. 2 - Human Capital: Build a sustainable workforce to meet the needs of all stakeholders.
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):
Attachment A - NGEA Salary Schedule CD Specialist Series Update
3.L. Resolution 2024-17 Update CD Specialist Salary
Classification/Position Title
Salary
Range
No.
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 Account Clerk I G15 $ 22.9467 $ 23.5204 $ 24.1084 $ 24.7111 $ 25.3289 $ 25.9621 $ 26.6111 $ 27.2764 $ 27.9583 $ 28.6573 Account Clerk II G21 $ 26.6111 $ 27.2764 $ 27.9583 $ 28.6573 $ 29.3737 $ 30.1081 $ 30.8608 $ 31.6323 $ 32.4231 $ 33.2337 Account Clerk III G27 $ 30.8608 $ 31.6323 $ 32.4231 $ 33.2337 $ 34.0645 $ 34.9161 $ 35.7890 $ 36.6837 $ 37.6008 $ 38.5409 Administrative Assistant G07 $ 18.8334 $ 19.3043 $ 19.7869 $ 20.2815 $ 20.7886 $ 21.3083 $ 21.8410 $ 22.3870 $ 22.9467 $ 23.5204 Animal Control Officer G19 $ 25.3289 $ 25.9621 $ 26.6111 $ 27.2764 $ 27.9583 $ 28.6573 $ 29.3737 $ 30.1081 $ 30.8608 $ 31.6323 Assistant Planner G28 $ 31.6323 $ 32.4231 $ 33.2337 $ 34.0645 $ 34.9161 $ 35.7890 $ 36.6837 $ 37.6008 $ 38.5409 $ 39.5044 Building Inspector G32 $ 34.9161 $ 35.7890 $ 36.6837 $ 37.6008 $ 38.5409 $ 39.5044 $ 40.4920 $ 41.5043 $ 42.5419 $ 43.6054 Bus Driver G15 $ 22.9467 $ 23.5204 $ 24.1084 $ 24.7111 $ 25.3289 $ 25.9621 $ 26.6111 $ 27.2764 $ 27.9583 $ 28.6573 Code Enforcement Officer G23 $ 27.9583 $ 28.6573 $ 29.3737 $ 30.1081 $ 30.8608 $ 31.6323 $ 32.4231 $ 33.2337 $ 34.0645 $ 34.9161 Community Development Specialist* G27 $ 30.8608 $ 31.6323 $ 32.4231 $ 33.2337 $ 34.0645 $ 34.9161 $ 35.7890 $ 36.6837 $ 37.6008 $ 38.5409 Community Services Coordinator G23 $ 27.9583 $ 28.6573 $ 29.3737 $ 30.1081 $ 30.8608 $ 31.6323 $ 32.4231 $ 33.2337 $ 34.0645 $ 34.9161 Events Coordinator G23 $ 27.9583 $ 28.6573 $ 29.3737 $ 30.1081 $ 30.8608 $ 31.6323 $ 32.4231 $ 33.2337 $ 34.0645 $ 34.9161 IT Technician G28 $ 31.6323 $ 32.4231 $ 33.2337 $ 34.0645 $ 34.9161 $ 35.7890 $ 36.6837 $ 37.6008 $ 38.5409 $ 39.5044 LMD Inspector G27 $ 30.8608 $ 31.6323 $ 32.4231 $ 33.2337 $ 34.0645 $ 34.9161 $ 35.7890 $ 36.6837 $ 37.6008 $ 38.5409 Permit Technician G25 $ 29.3737 $ 30.1081 $ 30.8608 $ 31.6323 $ 32.4231 $ 33.2337 $ 34.0645 $ 34.9161 $ 35.7890 $ 36.6837 Senior Administrative Assistant G15 $ 22.9467 $ 23.5204 $ 24.1084 $ 24.7111 $ 25.3289 $ 25.9621 $ 26.6111 $ 27.2764 $ 27.9583 $ 28.6573 Senior Animal Control Officer G27 $ 30.8608 $ 31.6323 $ 32.4231 $ 33.2337 $ 34.0645 $ 34.9161 $ 35.7890 $ 36.6837 $ 37.6008 $ 38.5409 Senior Code Enforcement Officer G30 $ 33.2337 $ 34.0645 $ 34.9161 $ 35.7890 $ 36.6837 $ 37.6008 $ 38.5409 $ 39.5044 $ 40.4920 $ 41.5043 Senior Community Development Specialist* G30 $ 33.2337 $ 34.0645 $ 34.9161 $ 35.7890 $ 36.6837 $ 37.6008 $ 38.5409 $ 39.5044 $ 40.4920 $ 41.5043 Senior Permit Technician G28 $ 31.6323 $ 32.4231 $ 33.2337 $ 34.0645 $ 34.9161 $ 35.7890 $ 36.6837 $ 37.6008 $ 38.5409 $ 39.5044 Senior Utility Compliance Coordinator G33 $ 35.7890 $ 36.6837 $ 37.6008 $ 38.5409 $ 39.5044 $ 40.4920 $ 41.5043 $ 42.5419 $ 43.6054 $ 44.6956 Utility Compliance Coordinator G28 $ 31.6323 $ 32.4231 $ 33.2337 $ 34.0645 $ 34.9161 $ 35.7890 $ 36.6837 $ 37.6008 $ 38.5409 $ 39.5044 EFFECTIVE 06/24/2023; *Updated 04/27/2024
Hourly
CLASSIFICATIONS & SALARY RANGES
CITY OF NORCO
NORCO GENERAL EMPLOYEES ASSOCIATION
FY 23/24
RESOLUTION NO. 2024-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, APPROVING THE SALARY RANGE FOR COMMUNITY
DEVELOPMENT SPECIALIST SERIES CLASSIFICATIONS
WHEREAS, the City and the Norco General Employees Association (NGEA) have met and conferred in good faith and have agreed on the salary range update for the Community Development Specialist Series Classifications; and WHEREAS, the City and NGEA agreed to an effective date of April 27,2024; and WHEREAS, California Code of Regulations Section 570.5 requires a publicly available pay schedule for every classification that is subject to CalPERS membership; and
WHEREAS, the functions and activities of the Community Development Specialist classification series has evolved over the years to encompass support of several divisions within the Community Development Department; and
WHEREAS, the City Council desires to provide guidelines for the compensation to such employees for the rendering of such valuable service; and WHEREAS, the City Council now desires to adopt the salary schedule (Attachment A) to update the Community Development Specialist with the salary range set at G27 ($30.8608 to $38.5409 hourly); and
WHEREAS, the City Council now desires to adopt the salary schedule (Attachment A) to update the Senior Community Development Specialist with the salary range set at G30 ($33.2337 to $41.5043 hourly); and
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Norco at a regular meeting held on April 17, 2024, approved:
1. Norco General Employee Association salary schedule that includes the salary range for Community Development Specialist Series (Attachment A).
PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on April 17, 2024.
__________________________
Kevin Bash, Mayor
City of Norco, California
Resolution No. 2024-17
April 17, 2024
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
I, DANA ROA, CMC, City Clerk of the City of Norco, California do hereby certify that the foregoing Resolution was introduced and adopted by the City Council of the City of Norco, California, at a regular meeting held on April 17, 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 April 17, 2024.
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
City Council
STAFF REPORT
Date: April 17, 2024 Agenda Item:
3.M.
To: Honorable Mayor and City Council Members
From: Chad Blais, Public Works Director
Prepared By: Sam Nelson, Deputy City Engineer
Department: Public Works
SUBJECT:
Cooperative Funding Agreement between the City of Norco and the Riverside County Flood Control & Water Conservation District for the Norco MDP Line S-5E Storm Drain Project
RECOMMENDATION:
Approve the Cooperative Funding Agreement between the City of Norco and Riverside County Flood Control & Water Conservation District (RCFC&WCD) to design and construct the Norco MDP Line S-5E Storm Drain Project, subject to non-substantive changes and approval by the Riverside County Board of Supervisors; and authorize the Mayor to execute the agreement.
SUMMARY:
The City of Norco is preparing plans and specifications for the construction of the Norco MDP Line S-5E Storm Drain Project located on Hillside Avenue between Third Street and Hillside Lane (See Project Exhibit). RCFC&WCD has agreed to enter into a Cooperative Funding Agreement for design and construction of the proposed drainage facilities.
BACKGROUND:
The purpose of the Cooperative Funding Agreement is to memorialize the mutual understanding between both parties with respect to construction, ownership, operation and maintenance, including the funding contribution.
RCFC&WCD has agreed to contribute one hundred percent (100%) funding of the design contract bid price, ten percent (10%) for administration of the design, one hundred percent (100%) of costs associated with construction, one hundred percent (100%) of costs associated with utility relocations, ten percent (10%) for change order costs and fifteen percent (15%) for construction administration resulting in a not-toexceed contribution amount of $1,133,000.
Per the agreement, the City is responsible to prepare the design, specifications, plans, bid advertisement, inspection and project management during construction.
FISCAL IMPACT:
The Norco MDP Line S-5E Storm Drain Project was approved as a Capital Improvement Project (CIP) for Fiscal Year 2023-24. Funds in the amount of $1,133,000 ($78,000 for design costs and $1,055,000 for construction costs; Project No. 4214.34, Account Nos. 129.935.43180 & 129.935.43180.30) have been budgeted for the project.
The City anticipates the project going out to bid late summer 2024.
Per the Funding Agreement RCFC&WCD will reimburse the City for the project in the maximum amount of $1,133,000.
RELATIONSHIP TO STRATEGIC PLAN:
Execution of the Cooperative Funding Agreement for the Norco MDP Line S-5E Storm Drain 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):
EXHIBIT
Funding Agreement - Norco Lateral S-5E
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FUNDING AGREEMENT
Norco Lateral S-5E
Project No. 2-0-10053
This Funding Agreement ("Agreement"), dated as of __________________, 2024, is entered into by and between the RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body corporate and politic ("DISTRICT") and the CITY OF NORCO, a municipal corporation ("CITY"). DISTRICT and CITY are collectively referred to herein as "Parties" and individually as "Party." The Parties hereby agree as follows:
RECITALS
A. DISTRICT has budgeted for, and CITY has prepared plans and specifications ("IMPROVEMENT PLANS") for the construction, operation and maintenance of Norco Lateral S-5E ("NORCO S-5E"); and
B. These IMPROVEMENT PLANS generally consist of the following:
1. NORCO S-5E: A storm drain to reduce street and community flooding within Hillside Avenue. Location of NORCO S-5E will be determined by CITY. CITY is exploring the following two options:
i. A proposed storm drain consisting of approximately 1,100 lineal feet of 24-inch to 36-inch reinforced concrete pipe to collect and convey storm flows westerly to Norco Master Drainage Plan Line S-5, as shown in concept on Exhibit "A" attached hereto made part hereof; and
ii. A proposed storm drain consisting of approximately 1,100 lineal feet of 24-inch to 36-inch reinforced concrete pipe to collect flows and convey them southerly to Norco Master Drainage Plan Line S-1 located in Third Street, as shown in concept on Exhibit "A" attached hereto and made part hereof.
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2. Certain inlets, catch basin, connector pipes associated with NORCO S-5E which will be constructed to adequately collect and convey local flows within CITY-held easements or right of way
("APPURTENANCES"); and
C. Together, NORCO S-5E and APPURTENANCES are hereinafter called "PROJECT"; and
D. CITY plans to advertise, award and administer a public works construction contract for PROJECT during Fiscal Year 2024/2025; and
E. CITY desires that DISTRICT include certain unavoidable utility relocations as part of DISTRICT's financial contribution to construct PROJECT. "UTILITY RELOCATIONS" is defined as (i) the relocation of CITY owned utilities that conflict with the construction of PROJECT; and (ii) the unavoidable relocation of utilities not owned by CITY that (a) conflict with the construction of PROJECT; and (b) cannot be relocated by others under CITY's franchise authority.
F. UTILITY RELOCATIONS shall be included in the public works construction contract for PROJECT; and
G. CITY desires that DISTRICT contribute funding toward the construction of PROJECT; and
H. DISTRICT wishes to support CITY's efforts to construct PROJECT by providing a financial contribution toward PROJECT's construction along with associated administrative and ancillary costs subject to the not to exceed amount in Recitals K; and I. DISTRICT's financial contributions shall be as follows:
1. One hundred percent (100%) of design proposal cost to offset CITY's costs associated with engineering design; hydrology and hydraulics; geotechnical analysis; potholing required to complete the design of
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PROJECT; California Environmental Quality Act ("CEQA")
determination; preparation, application, and acquisition of the environmental clearance and permits if required for PROJECT; and other typical ancillary costs related to the preparation of improvement plans ("DESIGN CONTRIBUTION"). However, DESIGN
CONTRIBUTION shall not include the fees associated with the Western Riverside County Multiple Species Habitat Conservation Plan ("MSHCP"); and
2. In the event that CITY chooses to hire an engineering consulting firm to prepare IMPROVEMENT PLANS, DISTRICT is also willing to contribute an additional ten percent (10%) of design proposal cost to offset CITY's administrative costs associated with design contract administration ("DESIGN ADMIN"); and
3. Up to one hundred percent (100%) of the lowest responsive and responsible bid contract amount for the construction of PROJECT and the costs associated with UTILITY RELOCATIONS ("BID PRICE"); and
4. Up to an additional fifteen percent (15%) of BID PRICE to offset CITY's administrative cost associated with construction contract administration and other typical ancillary costs related to the delivery of the facility ("CONTRACT ADMINISTRATION
CONTRIBUTION"); and
5. Up to an additional ten percent (10%) of the BID PRICE for construction contract change orders ("CONSTRUCTION CHANGE ORDERS CONTRIBUTION"); and
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J. Altogether, DESIGN CONTRIBUTION, DESIGN ADMIN, BID PRICE, CONTRACT ADMINISTRATION CONTRIBUTION and CONSTRUCTION CHANGE ORDERS CONTRIBUTION are hereinafter called "TOTAL DISTRICT CONTRIBUTION"; and
K. TOTAL DISTRICT CONTRIBUTION for PROJECT shall not exceed a total sum of One Million One Hundred Thirty-Three Thousand Dollars ($1,133,000); and L. DISTRICT wishes to provide only financial assistance to CITY and have no other role; and
M. The purpose of this Agreement is to memorialize the mutual understandings by and between CITY and DISTRICT with respect to the construction, ownership, operation and maintenance of PROJECT and the payment of TOTAL DISTRICT CONTRIBUTION.
NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the Parties hereto mutually agree that the above recitals are true and correct and incorporated into the terms of this Agreement and as follows:
SECTION I
CITY shall:
1. Pursuant to CEQA, act as Lead Agency and assume responsibility for preparation, circulation and adoption of all necessary and appropriate CEQA documents pertaining to the construction, operation and maintenance of PROJECT.
2. Invoice DISTRICT (Attention: Special Projects Section) for fifty percent (50%) of DESIGN CONTRIBUTION upon execution of this Agreement. TOTAL DISTRICT CONTRIBUTION shall not exceed a total sum of One Million One Hundred Thirty-Three Thousand Dollars ($1,133,000) for PROJECT.
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3. Prepare or cause to be prepared improvement plans, in accordance with the applicable CITY standards. CITY shall make reasonable efforts during the preparation of IMPROVEMENT PLANS to avoid utility conflicts associated with UTILITY RELOCATIONS.
4. Following the signing of IMPROVEMENT PLANS, invoice DISTRICT (Attention: Special Projects Section) for the (i) remaining fifty percent (50%) of DESIGN CONTRIBUTION and (ii) DESIGN ADMIN and TOTAL DISTRICT CONTRIBUTION shall not exceed a total sum of One Million One Hundred Thirty-Three Thousand Dollars ($1,133,000) for PROJECT.
5. Prior to advertising PROJECT for public works construction contract, obtain all necessary permits, licenses, agreements, approvals, right of way, rights of entry, encroachment permits, and temporary construction easements as may be needed to construct, operate and maintain PROJECT.
6. Upon execution of this Agreement, advertise, award and administer PROJECT pursuant to the applicable provisions of the California Public Contract Code. At the time of advertising for bids, provide DISTRICT with a copy of IMPROVEMENT PLANS, specifications, bid documents and any subsequent addenda thereto.
7. Provide DISTRICT with written notice (Attention: Special Projects Section) that CITY has awarded a public works construction contract for PROJECT. The written notice shall include the Contractor's actual bid amounts for PROJECT, setting forth the lowest responsible bid contract amount.
8. Order the relocation of all utilities within CITY right of way which may conflict with the construction of PROJECT.
9. At the time of providing written notice of the award of a construction contract for PROJECT, invoice DISTRICT (Attention: Special Projects Section) for BID PRICE, subject to and provided that TOTAL DISTRICT CONTRIBUTION does not exceed a
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total sum of One Million One Hundred Thirty-Three Thousand Dollars ($1,133,000) for PROJECT. BID PRICE shall be supported by a copy of CITY's bid abstracts for PROJECT.
10. Procure or cause to be procured insurance coverages during the term of this Agreement. CITY shall require its PROJECT construction contractor(s) to furnish original certificate(s) of insurance and original certified copies of endorsements and, if requested, certified original policies of insurance including all endorsements and any and all other attachments. Prior to CITY issuing a Notice to Proceed to its construction contractor(s) to begin construction of PROJECT, an original certificate of insurance evidencing the required insurance coverage shall be provided to DISTRICT. The procured insurance coverages shall name DISTRICT, County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insured. CITY shall notify DISTRICT of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.
11. Construct or cause to be constructed PROJECT pursuant to a CITY administered public works contract in accordance with IMPROVEMENT PLANS.
12. Inspect PROJECT construction or cause PROJECT's construction to be inspected by its construction manager.
13. Require its construction contractor(s) to comply with all Cal/OSHA safety regulations including regulations concerning confined space and maintain a safe working environment for all CITY employees on the site.
14. Upon completion of PROJECT construction and CITY's acceptance thereof, accept ownership and sole responsibility for the design, inspection, operation and maintenance of PROJECT.
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15. Upon completion of PROJECT construction, provide DISTRICT with a copy of CITY's Notice of Completion.
16. Keep an accurate accounting of all PROJECT costs along with the CONTRACT ADMINISTRATION CONTRIBUTION and CONSTRUCTION CHANGE ORDERS CONTRIBUTION. The final accounting of construction costs shall include a detailed breakdown of all costs, including, but not limited to, payment vouchers, CITY approved change orders and other such construction contract documents as may be necessary, to establish the actual cost of construction for PROJECT.
17. At the time of providing a Notice of Completion, and invoice DISTRICT (Attention: Special Projects Section) for CONTRACT ADMINISTRATION CONTRIBUTION and if applicable, CONSTRUCTION CHANGE ORDERS CONTRIBUTION, subject to and provided TOTAL DISTRICT CONTRIBUTION shall not exceed, One Million One Hundred Thirty-Three Thousand Dollars ($1,133,000) for DISTRICT review.
SECTION II
DISTRICT shall:
1. Within thirty (30) days after receipt of CITY's invoices (i) pay all approved CITY invoices and (ii) review and approve associated documents as described in RECITALS and SECTION I herein this Agreement, subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed One Million One Hundred Thirty-Three Thousand Dollars ($1,133,000) for PROJECT.
2. Within thirty (30) days of CITY awarding PROJECT, pay the Western Riverside County Regional Conservation Authority the mitigation fee for PROJECT per the 2004 Implementing Agreement for the MSHCP, which is either the lesser of (i) three percent (3%) of the lowest responsible bid; or (ii) three percent (3%) of lowest responsible bid contract price, less the value of any applicable project specific mitigation.
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3. Not be responsible to pay any amounts that exceed TOTAL DISTRICT CONTRIBUTION for PROJECT.
SECTION III
It is further mutually agreed:
1. Notwithstanding any other provision herein this Agreement, TOTAL DISTRICT CONTRIBUTION shall not exceed a total sum of One Million One Hundred ThirtyThree Thousand Dollars ($1,133,000) and shall be used by CITY solely for the purpose of designing and constructing PROJECT as set forth herein. No additional funding whatsoever shall be provided by DISTRICT for any subsequent PROJECT modifications, extensions or repairs.
2. In the event the actual construction cost for PROJECT is less than the BID PRICE, CITY shall refund the difference to DISTRICT within thirty (30) days of filing the Notice of Completion for PROJECT.
3. Under the provisions of this Agreement, DISTRICT shall bear no responsibility whatsoever for the design, construction, ownership, operation or maintenance of PROJECT.
4. CITY shall indemnify, defend, save and hold harmless DISTRICT and the County of Riverside (including their agencies, districts, special districts and departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents, representatives, independent contractors, and subcontractors) from any liabilities, claim, damage, proceeding or action, present or future, based upon, arising out of or in any way relating to CITY's (including its officers, elected and appointed officials, employees, agents, representatives, independent contractors and subcontract) actual or alleged acts or omissions related to this Agreement, performance under this Agreement or failure to comply with the requirements of this Agreement including, but not limited to (a) property damage; (b) bodily
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injury or death; (c) payment of attorney fees; or (d) any other element of any kind or nature whatsoever. This section shall survive any termination of this Agreement until the statute of limitations period has run for any claims that could be asserted under this Agreement.
5. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
6. This Agreement is to be construed in accordance with the laws of the State of California. Any action at law or in equity brought by any of the Parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the Parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county.
Neither CITY nor DISTRICT shall assign this Agreement without the written consent of the other Party.
7. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action based upon the provisions of this Agreement.
8. Any and all notices sent or required to be sent to the Parties of this Agreement will be mailed by first class mail, postage prepaid, to the following addresses:
RIVERSIDE COUNTY FLOOD CONTROL CITY OF NORCO
AND WATER CONSERVATION DISTRICT 2870 Clark Avenue
1995 Market Street Norco, CA 92860
Riverside, CA 92501 Attn: Sam Nelson
Attn: Planning Division
9. This Agreement is the result of negotiations between the Parties hereto and the advice and assistance of their respective counsel. The fact that this Agreement was prepared as a matter of convenience by DISTRICT shall have no importance or significance. Any
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uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT prepared this Agreement in its final form.
10. Any waiver by DISTRICT or CITY of any breach by any other Party of any provision of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any other provision hereof. Failure on the part of DISTRICT or CITY to require from any other Party exact, full and complete compliance with any of the provisions of this Agreement shall not be construed as in any manner changing the terms hereof or estopping DISTRICT or CITY from enforcing this Agreement.
11. The obligations of DISTRICT are limited by and contingent upon the availability of DISTRICT funds for DISTRICT's financial contribution toward PROJECT as set forth herein. In the event such funds are not forth coming for any reason, DISTRICT shall immediately notify CITY in writing. The Agreement shall be deemed terminated and have no further force and effect immediately upon receipt of DISTRICT's notification by CITY.
12. This Agreement is intended by the Parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. This Agreement may be changed or modified only upon the written consent of the Parties hereto.
13. No alternation or variation of the terms of this Agreement shall be valid unless made in writing and signed by both Parties and no oral understanding or agreement not incorporated herein shall be binding on either Party hereto.
14. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement.
15. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same
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instrument. Each Party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act (("CUETA") Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The Parties further agree that the electronic signatures of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures.
Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to CUETA as amended from time to time. CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the Parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.
//
//
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IN WITNESS WHEREOF, the Parties hereto have executed this Funding Agreement on .
(to be filled in by Clerk of the Board)
RECOMMENDED FOR APPROVAL:
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION
DISTRICT, a body corporate and politic
By
JASON E. UHLEY
General Manager-Chief Engineer
By
KAREN SPIEGEL, Chair
Riverside County Flood Control and Water
Conservation District Board of Supervisors
APPROVED AS TO FORM: ATTEST:
MINH C. TRAN
County Counsel
KIMBERLY RECTOR
Clerk of the Board
By
KRISTINE BELL-VALDEZ
Deputy County Counsel
By
Deputy
(SEAL)
Funding Agreement with City of Norco
Norco Lateral S-5E
Project No. 2-0-10053
04/02/24
AGR:blj
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RECOMMENDED FOR APPROVAL: CITY OF NORCO NORCO, a municipal corporation
By
KEVIN BASH
Mayor
APPROVED AS TO FORM: ATTEST:
By
COLIN BURNS
City Attorney
By
DANA ROA
City Clerk
(SEAL)
Funding Agreement with City of Norco
Norco Lateral S-5E
Project No. 2-0-10053
04/02/24
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City Council
STAFF REPORT
Date: April 17, 2024 Agenda Item:
3.N.
To: Honorable Mayor and City Council Members
From: Chad Blais, Public Works Director
Prepared By: Sam Nelson, Deputy City Engineer
Department: Public Works
SUBJECT:
Cooperative Funding Agreement between the City of Norco and the Riverside County Flood Control & Water Conservation District for the Norco Minor Storm Drain Improvements Project (Parkridge Avenue and North Drive) RECOMMENDATION:
Approve the Cooperative Funding Agreement between the City of Norco and Riverside County Flood Control & Water Conservation District (RCFC&WCD) to design and construct the Norco Minor Storm Drain Improvements Project (Parkridge Avenue and North Drive), subject to non-substantive changes and approval by the Riverside County Board of Supervisors; and authorize the Mayor to execute the agreement.
SUMMARY:
The City of Norco is preparing plans and specifications for the construction of the Norco Minor Storm Drain Improvements Project (Parkridge Avenue and North Drive). The project is a combination of two projects located at the intersection of Parkridge Avenue and Kips Korner and at the intersection of North Drive and California Avenue (See Project Exhibits). RCFC&WCD has agreed to enter into a Cooperative Funding Agreement for design and construction of the proposed drainage facilities.
BACKGROUND:
The purpose of the Cooperative Funding Agreement is to memorialize the mutual understanding between both parties with respect to construction, ownership, operation and maintenance, including the funding contribution.
RCFC&WCD has agreed to contribute one hundred percent (100%) funding of the design contract bid price, ten percent (10%) for administration of the design, one hundred percent (100%) of costs associated with construction, one hundred percent (100%) of costs associated with utility relocations, ten percent (10%) for change order
costs and fifteen percent (15%) for construction administration resulting in a not-toexceed contribution amount of $370,000.
Per the agreement, the City is responsible to prepare the design, specifications, plans, bid advertisement, inspection and project management.
FISCAL IMPACT:
The Norco Minor Storm Drain Improvements Project (Parkridge Avenue and North Drive) was approved as a Capital Improvement Project (CIP) for Fiscal Year 2023-24.
Funds in the amount of $370,000 ($45,000 for design costs and $325,000 for construction costs; Project No. 4200.2, Account Nos. 129.935.43180 & 129.935.43180.30) have been budgeted for the project. The City anticipates the project going out to bid this fiscal year.
Per the Funding Agreement RCFC&WCD will reimburse the City for the project in the maximum amount of $370,000.
RELATIONSHIP TO STRATEGIC PLAN:
Execution of the Cooperative Funding Agreement for the Norco Minor Storm Drain Improvements Project (Parkridge Avenue and North Drive) 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):
EXHIBIT - PARKRIDGE
EXHIBIT - NORTH
Norco Minor Storm Drain Improvements Parkridge Avenue and North Drive - Funding Agreement
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FUNDING AGREEMENT
Norco Minor Storm Drain Improvements Parkridge Avenue and North Drive Project No. 2-0-10044
This Funding Agreement ("Agreement"), dated as of __________________, 2024, is entered into by and between the RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body corporate and politic ("DISTRICT") and the CITY OF NORCO, a municipal corporation ("CITY"). DISTRICT and CITY are collectively referred to herein as "Parties" and individually as "Party." The Parties hereby agree as follows:
RECITALS
A. DISTRICT has budgeted for, and CITY has prepared plans and specifications ("IMPROVEMENT PLANS") for the construction, operation and maintenance of Norco Minor Storm Drain Improvements Parkridge Avenue and North Drive ("NORCO PARKRIDGE AND NORTH STORM DRAINS"); and
B. These IMPROVEMENT PLANS generally consist of the following:
1. NORCO PARKRIDGE AND NORTH STORM DRAINS: A storm
drain to reduce street and community flooding within Parkridge and North Avenue. The proposed underground storm drains will consist of approximately 600 lineal feet of 18-inch reinforced concrete pipe for two (2) separate minor improvement projects to collect and convey storm flows. The CITY will construct the following:
i. The first location is near the intersection of Parkridge Avenue and Kips Corner Road. The proposed storm drain
will capture runoff from existing private properties and convey it southeasterly onto Parkridge Avenue, as shown in blue in concept on Exhibit "A" attached hereto and made a part hereof; and
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ii. The second location is situated on private property near the intersection of North Drive and California Avenue. The
proposed storm drain will capture runoff from multiple
residential properties and convey it westerly to an existing catch basin in California Avenue, as shown in blue in
concept on Exhibit "A" attached hereto and made a part
hereof.
2. Certain inlets, catch basin, connector pipes associated with NORCO PARKRIDGE AND NORTH STORM DRAINS which will be
constructed to adequately collect and convey local flows within CITY-held easements or right of way ("APPURTENANCES"); and C. Together, NORCO PARKRIDGE AND NORTH STORM DRAINS and APPURTENANCES are hereinafter called "PROJECT"; and
D. CITY plans to advertise, award and administer a public works construction contract for PROJECT during Fiscal Year 2023/2024; and
E. CITY desires that DISTRICT include certain unavoidable utility relocations as part of the DISTRICT's financial contribution to construct PROJECT. "UTILITY RELOCATIONS" is defined as (i) the relocation of CITY owned utilities that conflict with the construction of PROJECT; and (ii) the unavoidable relocation of utilities not owned by CITY that (a) conflict with the construction of PROJECT; and (b) cannot be relocated by others under CITY's franchise authority.
F. UTILITY RELOCATIONS shall be included in the public works construction contract for PROJECT; and
G. CITY desires that DISTRICT contribute funding toward the construction of PROJECT; and
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H. DISTRICT wishes to support CITY's efforts to construct PROJECT by providing a financial contribution toward PROJECT's construction along with associated administrative and ancillary costs subject to the not to exceed amount in RECITALS K; and I. DISTRICT's financial contributions shall be as follows:
1. One hundred percent (100%) of design proposal cost to offset CITY's costs associated with engineering design; hydrology and hydraulics; geotechnical analysis; potholing required to complete the design of PROJECT; California Environmental Quality Act ("CEQA")
determination; preparation, application, and acquisition of the environmental clearance and permits if required for PROJECT; and other typical ancillary costs related to the preparation of improvement plans ("DESIGN CONTRIBUTION"). However, DESIGN
CONTRIBUTION shall not include the fees associated with the Western Riverside County Multiple Species Habitat Conservation Plan ("MSHCP"); and
2. In the event that CITY chooses to hire an engineering consulting firm to prepare IMPROVEMENT PLANS, DISTRICT is also willing to contribute an additional ten percent (10%) of design proposal cost to offset CITY's administrative costs associated with design contract administration ("DESIGN ADMIN"); and
3. Up to one hundred percent (100%) of the lowest responsive and responsible bid contract amount for the construction of PROJECT and the costs associated with UTILITY RELOCATIONS ("BID PRICE"); and
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4. Up to an additional fifteen percent (15%) of the BID PRICE to offset CITY's administrative costs associated with construction contract administration and other typical ancillary costs related to the delivery of the facility ("CONTRACT ADMINISTRATION
CONTRIBUTION"); and
5. Up to an additional ten percent (10%) of the BID PRICE for construction contract change orders ("CONSTRUCTION CHANGE ORDERS CONTRIBUTION"); and
J. Altogether, DESIGN CONTRIBUTION, DESIGN ADMIN, BID PRICE, CONTRACT ADMINISTRATION CONTRIBUTION and CONSTRUCTION CHANGE ORDERS CONTRIBUTION are hereinafter called "TOTAL DISTRICT CONTRIBUTION"; and
K. TOTAL DISTRICT CONTRIBUTION for PROJECT shall not exceed a total sum of Three Hundred Seventy Thousand Dollars ($370,000); and L. DISTRICT wishes to provide only financial assistance to CITY and have no other role; and
M. The purpose of this Agreement is to memorialize the mutual understandings by and between CITY and DISTRICT with respect to the construction, ownership, operation and maintenance of PROJECT and the payment of TOTAL DISTRICT CONTRIBUTION.
NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the Parties hereto mutually agree that the above recitals are true and correct and incorporated into the terms of this Agreement and as follows:
SECTION I
CITY shall:
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1. Pursuant to CEQA, act as Lead Agency and assume responsibility for preparation, circulation and adoption of all necessary and appropriate CEQA documents pertaining to the construction, operation and maintenance of PROJECT.
2. Invoice DISTRICT (Attention: Special Projects Section) for fifty percent (50%) of DESIGN CONTRIBUTION upon execution of this Agreement. TOTAL DISTRICT CONTRIBUTION shall not exceed a total sum of Three Hundred Seventy Thousand Dollars ($370,000) for PROJECT.
3. Prepare or cause to be prepared improvement plans, in accordance with the applicable CITY standards. CITY shall make reasonable efforts during the preparation of IMPROVEMENT PLANS to avoid utility conflicts associated with UTILITY RELOCATIONS.
4. Following the signing of IMPROVEMENT PLANS, invoice DISTRICT (Attention: Special Projects Section) for the (i) remaining fifty percent (50%) of DESIGN CONTRIBUTION and (ii) DESIGN ADMIN and TOTAL DISTRICT CONTRIBUTION shall not exceed a total sum of Three Hundred Seventy Thousand Dollars ($370,000) for PROJECT.
5. Prior to advertising PROJECT for a public works construction contract, obtain all necessary permits, licenses, agreements, approvals, right of way, rights of entry, encroachment permits, and temporary construction easements as may be needed to construct, operate and maintain PROJECT.
6. Upon execution of this Agreement, advertise, award and administer PROJECT pursuant to the applicable provisions of the California Public Contract Code. At the time of advertising for bids, provide DISTRICT with a copy of IMPROVEMENT PLANS, specifications, bid documents and any subsequent addenda thereto.
7. Provide DISTRICT with written notice (Attention: Special Projects Section) that CITY has awarded a public works construction contract for PROJECT. The written
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notice shall include the Contractor's actual bid amounts for PROJECT, setting forth the lowest responsible bid contract amount.
8. Order the relocation of all utilities within CITY right of way which may conflict with the construction of PROJECT.
9. At the time of providing written notice of the award of a construction contract for PROJECT, invoice DISTRICT (Attention: Special Projects Section) for BID PRICE, subject to and provided that TOTAL DISTRICT CONTRIBUTION does not exceed a total sum of Three Hundred Seventy Thousand Dollars ($370,000) for PROJECT. BID PRICE shall be supported by a copy of CITY's bid abstracts for PROJECT.
10. Procure or caused to be procured insurance coverages during the term of this Agreement. CITY shall require its PROJECT construction contractor(s) to furnish original certificate(s) of insurance and original certified copies of endorsements and, if requested, certified original policies of insurance including all endorsements and any and all other attachments. Prior to CITY issuing a Notice to Proceed to its construction contractor(s) to begin construction of PROJECT, an original certificate of insurance evidencing the required insurance coverage shall be provided to DISTRICT. The procured insurance coverages shall name DISTRICT, County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insured. CITY shall notify DISTRICT of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.
11. Construct or cause to be constructed PROJECT pursuant to a CITY administered public works contract in accordance with IMPROVEMENT PLANS.
12. Inspect PROJECT construction or cause PROJECT's construction to be inspected by its construction manager.
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13. Require its construction contractor(s) to comply with all Cal/OSHA safety regulations including regulations concerning confined space and maintain a safe working environment for all CITY employees on the site.
14. Upon completion of PROJECT construction and CITY's acceptance thereof, accept ownership and sole responsibility for the design, inspection, operation and maintenance of PROJECT.
15. Upon completion of PROJECT construction, provide DISTRICT with a copy of CITY's Notice of Completion.
16. Keep an accurate accounting of all PROJECT costs along with the CONTRACT ADMINISTRATION CONTRIBUTION and CONSTRUCTION CHANGE ORDERS CONTRIBUTION. The final accounting of construction costs shall include a detailed breakdown of all costs, including, but not limited to, payment vouchers, CITY approved change orders and other such construction contract documents as may be necessary, to establish the actual cost of construction for PROJECT.
17. At the time of providing a Notice of Completion, invoice DISTRICT (Attention: Special Projects Section) for CONTRACT ADMINISTRATION CONTRIBUTION and if applicable CONSTRUCTION CHANGE ORDERS CONTRIBUTION, subject to and provided TOTAL DISTRICT CONTRIBUTION shall not exceed, Three Hundred Seventy Thousand Dollars ($370,000) for DISTRICT review.
SECTION II
DISTRICT shall:
1. Within thirty (30) days after receipt of CITY's invoices (i) pay all approved CITY's invoices and (ii) review and approve associated documents as described in the RECITALS and SECTION I herein this Agreement, subject to and provided that TOTAL
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DISTRICT CONTRIBUTION shall not exceed Three Hundred Seventy Thousand Dollars ($370,000) for PROJECT.
2. Within thirty (30) days of CITY awarding PROJECT, pay the Western Riverside County Regional Conservation Authority the mitigation fee for PROJECT per the 2004 Implementing Agreement for the MSHCP, which is either the lesser of (i) three percent (3%) of the lowest responsible bid; or (ii) three percent (3%) of lowest responsible bid contract price, less the value of any applicable project specific mitigation.
3. Not be responsible to pay any amounts that exceed TOTAL DISTRICT CONTRIBUTION for PROJECT.
SECTION III
It is further mutually agreed:
1. Notwithstanding any other provision herein this Agreement, TOTAL DISTRICT CONTRIBUTION shall not exceed a total sum of Three Hundred Seventy Thousand Dollars ($370,000) and shall be used by CITY solely for the purpose of designing and constructing PROJECT as set forth herein. No additional funding whatsoever shall be provided by DISTRICT for any subsequent PROJECT modifications, extensions or repairs.
2. In the event the actual construction cost for PROJECT is less than the BID PRICE, CITY shall refund the difference to DISTRICT within thirty (30) days of filing the Notice of Completion for PROJECT.
3. Under the provisions of this Agreement, DISTRICT shall bear no responsibility whatsoever for the design, construction, ownership, operation or maintenance of PROJECT.
4. CITY shall indemnify, defend, save and hold harmless DISTRICT and the County of Riverside (including their agencies, districts, special districts and departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees,
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agents, representatives, independent contractors, and subcontractors) from any liabilities, claim, damage, proceeding or action, present or future, based upon, arising out of or in any way relating to CITY's (including its officers, elected and appointed officials, employees, agents, representatives, independent contractors and subcontract) actual or alleged acts or omissions related to this Agreement, performance under this Agreement or failure to comply with the requirements of this Agreement including, but not limited to (a) property damage; (b) bodily injury or death; (c) payment of attorney fees; or (d) any other element of any kind or nature whatsoever. This section shall survive any termination of this Agreement until the statute of limitations period has run for any claims that could be asserted under this Agreement.
5. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
6. This Agreement is to be construed in accordance with the laws of the State of California. Any action at law or in equity brought by any of the Parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the Parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county.
Neither CITY nor DISTRICT shall assign this Agreement without the written consent of the other Party.
7. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action based upon the provisions of this Agreement.
8. Any and all notices sent or required to be sent to the Parties of this Agreement will be mailed by first class mail, postage prepaid, to the following addresses:
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RIVERSIDE COUNTY FLOOD CONTROL CITY OF NORCO
AND WATER CONSERVATION DISTRICT 2870 Clark Avenue
1995 Market Street Norco, CA 92860
Riverside, CA 92501 Attn: Sam Nelson
Attn: Planning Division
9. This Agreement is the result of negotiations between the Parties hereto and the advice and assistance of their respective counsel. The fact that this Agreement was prepared as a matter of convenience by DISTRICT shall have no importance or significance. Any uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT prepared this Agreement in its final form.
10. Any waiver by DISTRICT or CITY of any breach by any other Party of any provision of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any other provision hereof. Failure on the part of DISTRICT or CITY to require from any other Party exact, full and complete compliance with any of the provisions of this Agreement shall not be construed as in any manner changing the terms hereof or estopping DISTRICT or CITY from enforcing this Agreement.
11. The obligations of DISTRICT are limited by and contingent upon the availability of DISTRICT funds for DISTRICT's financial contribution toward PROJECT as set forth herein. In the event such funds are not forth coming for any reason, DISTRICT shall immediately notify CITY in writing. The Agreement shall be deemed terminated and have no further force and effect immediately upon receipt of DISTRICT's notification by CITY.
12. This Agreement is intended by the Parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. This Agreement may be changed or modified only upon the written consent of the Parties hereto.
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13. No alternation or variation of the terms of this Agreement shall be valid unless made in writing and signed by both Parties and no oral understanding or agreement not incorporated herein shall be binding on either Party hereto.
14. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement.
15. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Each Party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act (("CUETA") Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The Parties further agree that the electronic signatures of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures.
Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to CUETA as amended from time to time. CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the Parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.
//
//
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IN WITNESS WHEREOF, the Parties hereto have executed this Funding Agreement on .
(to be filled in by Clerk of the Board)
RECOMMENDED FOR APPROVAL: RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION
DISTRICT, a body corporate and politic
By
JASON E. UHLEY
General Manager-Chief Engineer
By
KAREN SPIEGEL, Chair
Riverside County Flood Control and Water
Conservation District Board of Supervisors
APPROVED AS TO FORM: ATTEST:
MINH C. TRAN
County Counsel
KIMBERLY RECTOR
Clerk of the Board
By
KRISTINE BELL-VALDEZ
Deputy County Counsel
By
Deputy
(SEAL)
Funding Agreement with City of Norco
Norco Minor Storm Drain Improvements Parkridge Avenue and North Drive Project No. 2-0-10044
4/2/24
AGR:rlp
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RECOMMENDED FOR APPROVAL: CITY OF NORCO, a municipal corporation By
KEVIN BASH
Mayor
APPROVED AS TO FORM: ATTEST:
By
COLIN BURNS
City Attorney
By
DANA ROA
City Clerk
(SEAL)
Funding Agreement with City of Norco
Norco Minor Storm Drain Improvements Parkridge Avenue and North Drive Project No. 2-0-10044
4/2/24
AGR:rlp
C
ALIF
O
R
NIA
AV
E
NORTH DR
W
YAT
T
PL
PIN
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Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community
LEGEND
NORTH DRIVE STORM DRAIN
.
DEL MAR RD
PARKRIDGE AVE
DALES DR
KIPS KORNER RD
BELMONT CIR
KIPS KORNER RD
Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community
LEGEND
PARKRIDGE AVE STORM DRAIN
.
City Council
STAFF REPORT
Date: April 17, 2024 Agenda Item:
3.O.
To: Honorable Mayor and City Council Members
From: Chad Blais, Public Works Director
Prepared By: Sam Nelson, Deputy City Engineer
Department: Public Works
SUBJECT:
Cooperative Funding Agreement between the City of Norco and the Riverside County Flood Control & Water Conservation District for the Norco Citation Drive Storm Drain Project
RECOMMENDATION:
Approve the Cooperative Funding Agreement between the City of Norco and Riverside County Flood Control & Water Conservation District (RCFC&WCD) to design and construct the Norco Citation Drive Storm Drain Project, subject to non-substantive changes and approval by the Riverside County Board of Supervisors; and authorize the Mayor to execute the agreement.
SUMMARY:
The City of Norco is preparing plans and specifications for the construction of the Norco Citation Drive Storm Drain Project located on Citation Drive (See Project Exhibit).
RCFC&WCD has agreed to enter into a Cooperative Funding Agreement for design and construction of the proposed drainage facilities.
BACKGROUND:
The purpose of the Cooperative Funding Agreement is to memorialize the mutual understanding between both parties with respect to construction, ownership, operation and maintenance, including the funding contribution.
RCFC&WCD has agreed to contribute one hundred percent (100%) funding of the design contract bid price, ten percent (10%) for administration of the design, one hundred percent (100%) of costs associated with construction, one hundred percent (100%) of costs associated with utility relocations, ten percent (10%) for change order costs and fifteen percent (15%) for construction administration resulting in a not-toexceed contribution amount of $288,000.
Per the agreement, the City is responsible to prepare the design, specifications, plans, bid advertisement, inspection and project management during construction.
FISCAL IMPACT:
The Norco Citation Drive Storm Drain Project was approved as a Capital Improvement Project (CIP) for Fiscal Year 2023-24. Funds in the amount of $288,000 ($33,000 for design costs and $255,000 for construction costs; Project No. 4214.32, Account Nos. 129.935.43180 & 129.935.43180.30) have been budgeted for the project. The City anticipates the project going out to bid this fiscal year.
Per the Funding Agreement RCFC&WCD will reimburse the City for the project in the maximum amount of $288,000.
RELATIONSHIP TO STRATEGIC PLAN:
Execution of the Cooperative Funding Agreement for the Norco Citation Drive Storm Drain 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):
PROJECT EXHIBIT
Funding Agreement - Norco Citation Drive FINAL 3.13.24
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FUNDING AGREEMENT
Norco Citation Drive Storm Drain
Project No. 2-0-10051
This Funding Agreement ("Agreement"), dated as of __________________, 2024, is entered into by and between the RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body corporate and politic ("DISTRICT") and the CITY OF NORCO, a municipal corporation ("CITY"). DISTRICT and CITY are collectively referred to herein as "Parties" and individually as "Party". Parties hereby agree as follows:
RECITALS
A. DISTRICT has budgeted for and CITY has prepared plans and specifications ("IMPROVEMENT PLANS") for the construction, operation and maintenance of Norco Citation Drive Storm Drain ("CITATION DRIVE STORM DRAIN"); and B. These IMPROVEMENT PLANS generally consist of the following:
1. CITATION DRIVE STORM DRAIN: A storm drain to reduce street and community flooding within Citation Drive. The proposed underground storm drain consists of approximately 200 lineal feet of 24-inch diameter reinforced concrete pipe to collect water from a low point on Citation Drive and convey them west into an existing Interstate 15 Caltrans culvert; and
2. Certain inlets, catch basins and connector pipes associated with CITATION DRIVE STORM DRAIN, which will be constructed to adequately collect and convey local flows within CITY-held easements or rights of way ("APPURTENANCES"); and
C. Together, CITATION DRIVE STORM DRAIN and APPURTENANCES are hereinafter called "PROJECT"; and
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D. CITY plans to advertise, award and administer a public works construction contract for PROJECT during Fiscal Year 2023/2024; and
E. CITY desires that DISTRICT include certain unavoidable utility relocations as part of DISTRICT's financial contribution to construct PROJECT. "UTILITY RELOCATIONS" is defined as (i) the relocation of CITY owned utilities that conflict with the construction of PROJECT and (ii) the unavoidable relocation of utilities not owned by CITY that (a) conflict with the construction of PROJECT and (b) cannot be relocated by others under CITY's franchise authority; and
F. UTILITY RELOCATIONS shall be included in the public works construction contract for PROJECT; and
G. CITY desires that DISTRICT contribute funding toward the construction of PROJECT; and
H. DISTRICT wishes to support CITY's efforts to construct PROJECT by providing a financial contribution toward PROJECT's construction along with associated administrative and ancillary costs subject to the not to exceed amount in Recitals K; and I. DISTRICT's financial contributions shall be as follows:
1. One hundred percent (100%) of the design proposal cost to offset CITY's costs associated with the engineering design; hydrology and hydraulics; geotechnical analysis; potholing required to complete the design of PROJECT; California Environmental Quality Act ("CEQA") determination; preparation, application and acquisition of the environmental clearance and permits, if required, for PROJECT and other typical ancillary costs related to the preparation of improvement plans ("DESIGN CONTRIBUTION"). However,
DESIGN CONTRIBUTION shall not include the fees associated with
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the Western Riverside County Multiple Species Habitat Conservation Plan ("MSHCP"); and
2. In the event that CITY chooses to hire an engineering consulting firm to prepare IMPROVEMENT PLANS, DISTRICT is also willing to contribute an additional ten percent (10%) of design proposal costs to offset CITY's administrative costs associated with the design contract administration ("DESIGN ADMIN"); and
3. One hundred percent (100%) of the lowest responsive and responsible bid contract amount for the construction of PROJECT and the costs associated with UTILITY RELOCATIONS ("BID PRICE"); and
4. Up to an additional fifteen percent (15%) of BID PRICE to offset CITY's administrative costs associated with construction contract administration and other typical ancillary costs related to the delivery of the facility ("CONTRACT ADMINISTRATION
CONTRIBUTION"); and
5. Up to an additional ten percent (10%) of BID PRICE for construction contract change orders ("CONSTRUCTION CHANGE ORDERS
CONTRIBUTION"); and
J. Altogether, DESIGN CONTRIBUTION, DESIGN ADMIN, BID PRICE, CONTRACT ADMINISTRATION CONTRIBUTION and CONSTRUCTION CHANGE ORDERS CONTRIBUTION are hereinafter called "TOTAL DISTRICT CONTRIBUTION"; and
K. TOTAL DISTRICT CONTRIBUTION for PROJECT shall not exceed a total sum of Two Hundred Eighty-Eight Thousand Dollars ($288,000); and
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L. DISTRICT wishes to provide only financial assistance to CITY and have no other role; and
M. The purpose of this Agreement is to memorialize the mutual understandings by and between CITY and DISTRICT with respect to the construction, ownership, operation and maintenance of PROJECT and the payment of TOTAL DISTRICT CONTRIBUTION.
NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, Parties hereto mutually agree that the above recitals are true and correct and incorporated into the terms of this Agreement and as follows:
SECTION I
CITY shall:
1. Pursuant to California Environmental Quality Act ("CEQA"), act as Lead Agency and assume responsibility for preparation, circulation and adoption of all necessary and appropriate CEQA documents pertaining to the construction, operation and maintenance of PROJECT.
2. Invoice DISTRICT (Attention: Special Projects Section) for fifty percent (50%) of DESIGN CONTRIBUTION upon execution of this Agreement. TOTAL DISTRICT CONTRIBUTION shall not exceed a total sum of Two Hundred Eighty-Eight Thousand Dollars ($288,000) for PROJECT.
3. Prepare or cause to be prepared IMPROVEMENT PLANS, in accordance with the applicable CITY standards. CITY shall make reasonable efforts during the preparation of IMPROVEMENT PLANS to avoid utility conflicts associated with UTILITY RELOCATIONS.
4. Following the signing of IMPROVEMENT PLANS, invoice DISTRICT (Attention: Special Projects Section) for the (i) remainder of DESIGN CONTRIBUTION and
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(ii) DESIGN ADMIN and TOTAL DISTRICT CONTRIBUTION shall not exceed a total sum of Two Hundred Eighty-Eight Thousand Dollars ($288,000) for PROJECT.
5. Prior to advertising PROJECT for public works construction contract, obtain all necessary permits, licenses, agreements, approvals, rights of way, rights of entry, encroachment permits and temporary construction easements as may be needed to construct, operate and maintain PROJECT.
6. Upon execution of this Agreement, advertise, award and administer PROJECT pursuant to the applicable provisions of the California Public Contract Code. At the time of advertising for bids, provide DISTRICT with a copy of PROJECT plans, specifications, bid documents and any subsequent addenda thereto.
7. Provide DISTRICT with written notice (Attention: Special Projects Section) that CITY has awarded a public works construction contract for PROJECT. The written notice shall include the Contractor's actual bid amounts for PROJECT, setting forth the lowest responsible bid contract amount.
8. Order the relocation of all utilities within CITY rights of way that may conflict with the construction of PROJECT.
9. At the time of providing written notice of the award of a construction contract for PROJECT, invoice DISTRICT (Attention: Special Projects Section) for BID PRICE, subject to and provided that TOTAL DISTRICT CONTRIBUTION does not exceed a total sum of Two Hundred Eighty-Eight Thousand Dollars ($288,000) for PROJECT. BID PRICE shall be supported by a copy of CITY's bid abstracts for PROJECT.
10. Procure or cause to be procured insurance coverages during the term of this Agreement. CITY shall require its PROJECT construction contractor(s) to furnish original certificate(s) of insurance and original certified copies of endorsements and, if requested, certified original policies of insurance including all endorsements and any and all
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other attachments. Prior to CITY issuing a Notice to Proceed to its construction contractor(s) to begin construction of PROJECT, an original certificate of insurance evidencing the required insurance coverage shall be provided to DISTRICT. The procured insurance coverages shall name DISTRICT, County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insured. CITY shall notify DISTRICT of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.
11. Construct or cause to be constructed PROJECT pursuant to a CITY administered public works contract in accordance with IMPROVEMENT PLANS.
12. Inspect PROJECT construction or cause PROJECT's construction to be inspected by its construction manager.
13. Require its construction contractor(s) to comply with all Cal/OSHA safety regulations including regulations concerning confined space and maintain a safe working environment for all CITY and DISTRICT employees on the site.
14. Upon completion of PROJECT construction and CITY's acceptance thereof, accept ownership and sole responsibility for the design, operation and maintenance of PROJECT.
15. Upon completion of PROJECT construction, provide DISTRICT with a copy of CITY's Notice of Completion.
16. Keep an accurate accounting of all PROJECT costs along with CITY's and CONTRACT ADMINISTRATION CONTRIBUTION and CONSTRUCTION CHANGE ORDERS CONTRIBUTION. The final accounting of construction costs shall include a detailed breakdown of all costs, including, but not limited to, payment vouchers, CITY approved change orders and other such construction contract documents as may be necessary to establish the actual cost of construction for DISTRICT and CITY approved IMPROVEMENT PLANS.
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17. At the time of providing a Notice of Completion, invoice DISTRICT (Attention: Special Projects Section) for CONTRACT ADMINISTRATION CONTRIBUTION CONSTRUCTION, if applicable, CHANGE ORDERS CONTRIBUTION, subject to and provided TOTAL DISTRICT CONTRIBUTION shall not exceed Two Hundred Eighty-Eight Thousand Dollars ($288,000) for DISTRICT review.
SECTION II
DISTRICT shall:
1. Within thirty (30) days after receipt of CITY's invoices (i) pay all approved CITY invoices and (ii) review and approve associated documents as described in the RECITALS and SECTION I herein this Agreement, subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed Two Hundred Eighty-Eight Thousand Dollars ($288,000) for PROJECT.
2. Within thirty (30) days of CITY awarding PROJECT, pay the Western Riverside County Regional Conservation Agency the mitigation fee for PROJECT per the 2004 Implementing Agreement for the MSHCP, which is either the lesser of (i) three percent (3%) of the lowest responsible bid or (ii) three percent (3%) of lowest responsible bid contract price, less the value of any applicable PROJECT specific mitigation.
3. Not be responsible to pay any amounts that exceed the TOTAL DISTRICT CONTRIBUTION for PROJECT.
SECTION III
It is further mutually agreed:
1. Notwithstanding any other provision herein this Agreement, TOTAL DISTRICT CONTRIBUTION shall not exceed a total sum of Two Hundred Eighty-Eight Thousand Dollars ($288,000) and shall be used by CITY solely for the purpose of designing and
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constructing PROJECT as set forth herein. No additional funding whatsoever shall be provided by DISTRICT for any subsequent PROJECT modifications, extensions or repairs.
2. In the event the actual construction cost for PROJECT is less than the BID PRICE, CITY shall refund the difference to DISTRICT within thirty (30) days of filing the Notice of Completion for PROJECT.
3. Under the provisions of this Agreement, DISTRICT shall bear no responsibility whatsoever for the design, construction, ownership, operation or maintenance of PROJECT.
4. CITY shall indemnify, defend, save and hold harmless DISTRICT and the County of Riverside (including their agencies, districts, special districts and departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents, representatives, independent contractors, and subcontractors) from any liabilities, claim, damage, proceeding or action, present or future, based upon, arising out of or in any way relating to CITY's (including its officers, elected and appointed officials, employees, agents, representatives, independent contractors and subcontractors) actual or alleged acts or omissions related to this Agreement, performance under this Agreement or failure to comply with the requirements of this Agreement including, but not limited to (a) property damage; (b) bodily injury or death; (c) payment of attorney fees or (d) any other element of any kind or nature whatsoever. This Section shall survive any termination of this Agreement until the statute of limitations period has run for any claims that could be asserted under this Agreement.
5. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
6. This Agreement is to be construed in accordance with the laws of the State of California. Any action at law or in equity brought by any of Parties hereto for the purpose of
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enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and Parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county. Neither CITY nor DISTRICT shall assign this Agreement without the written consent of the other Party.
7. This Agreement is made and entered into for the sole protection and benefit of Parties hereto. No other person or entity shall have any right of action based upon the provisions of this Agreement.
8. Any and all notices sent or required to be sent to Parties of this Agreement will be mailed by first class mail, postage prepaid, to the following addresses:
RIVERSIDE COUNTY FLOOD CONTROL CITY OF NORCO
AND WATER CONSERVATION DISTRICT 2870 Clark Avenue
1995 Market Street Norco, CA 92860
Riverside, CA 92501 Attn: Director of Public Works
Attn: Planning Division
9. This Agreement is the result of negotiations between Parties hereto and the advice and assistance of their respective counsel. The fact that this Agreement was prepared as a matter of convenience by DISTRICT shall have no importance or significance. Any uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT prepared this Agreement in its final form.
10. Any waiver by DISTRICT or CITY of any breach by any other Party of any provision of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any other provision hereof. Failure on the part of DISTRICT or CITY to require from any other Party exact, full and complete compliance with any of the provisions of this Agreement shall not be construed as in any manner changing the terms hereof or estopping DISTRICT or CITY from enforcing this Agreement.
11. The obligations of DISTRICT are limited by and contingent upon the availability of DISTRICT funds for DISTRICT's financial contribution toward PROJECT as set
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forth herein. In the event such funds are not forth coming for any reason, DISTRICT shall immediately notify CITY in writing. The Agreement shall be deemed terminated and have no further force and effect immediately upon receipt of DISTRICT's notification by CITY.
12. This Agreement is intended by Parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. This Agreement may be changed or modified only upon the written consent of Parties hereto.
13. No alternation or variation of the terms of this Agreement shall be valid unless made in writing and signed by both Parties and no oral understanding or agreement not incorporated herein shall be binding on either Party hereto.
14. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not Parties to this Agreement.
15. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Each Party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act (("CUETA") Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. Parties further agree that the electronic signatures of Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to CUETA as amended from time to time. CUETA authorizes use of an electronic signature for transactions and contracts among Parties in California, including a government agency. Digital signature means an electronic identifier, created by computer,
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intended by Party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by Parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code. //
//
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In WITNESS WHEREOF, the Parties hereto have executed this Agreement on .
(to be filled in by Clerk of the Board)
RECOMMENDED FOR APPROVAL:
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
By
JASON E. UHLEY
General Manager-Chief Engineer
By
KAREN SPIEGEL, Chair
Riverside County Flood Control and Water
Conservation District Board of Supervisors
APPROVED AS TO FORM: ATTEST:
MINH C. TRAN
County Counsel
KIMBERLY RECTOR
Clerk of the Board
By
KRISTINE BELL-VALDEZ
Supervising Deputy County Counsel
By
Deputy
(SEAL)
Funding Agreement with City of Norco
Norco Citation Drive Storm Drain
Project No. 2-0-10051
03/13/24
AMR:blm
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RECOMMENDED FOR APPROVAL: CITY OF NORCO
By
KEVIN BASH
Mayor
APPROVED AS TO FORM: ATTEST:
By
COLIN BURNS
City Attorney
By
DANA ROA
City Clerk
(SEAL)
Funding Agreement with City of Norco
Norco Citation Drive Storm Drain
Project No. 2-0-10051
03/13/24
AMR:blm
NORCO MASTER DRA NI AGE
PLAN - L NI E S-5, STAGE 1
NORCO MASTER DRA NI AGE
PLAN - L NI E S-1, STAGE 1
SOUTH NORCO
CHANNEL - STAGE 6
S
O
U
T
H
N
O
RC
O
C
H
A
N
N
E
L
TH RI D ST
CORONA AVE
HILLSIDE AVE
TEMESCAL AVE
3RD ST
N
orc
o
L
ateral
S-1B
E
xte
n
sio
n
S
No
rco
Late
ral
-1
C
Exte
n
sio
n
Norco Lateral S-5E
Norco Citation
Drive Storm Drain
RIVERSIDE COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT Norco Citation Drive Storm Drain .
Legend
Exisiting Above Ground District Facilities
Exisiting Below Ground District Facilities
Other Budgeted CIP Facilities
Un-budgeted District Facilities
FEMA Floodplain
Norco Citation Drive Storm Drain
CITATION DR
City Council
STAFF REPORT
Date: April 17, 2024 Agenda Item:
3.P.
To: Honorable Mayor and City Council Members
From: Chad Blais, Public Works Director
Prepared By: Sam Nelson, Deputy City Engineer
Department: Public Works
SUBJECT:
Cooperative Funding Agreement between the City of Norco and the Riverside County Flood Control & Water Conservation District for the Norco MDP Line S-1B Storm Drain Project
RECOMMENDATION:
Approve the Cooperative Funding Agreement between the City of Norco and Riverside County Flood Control & Water Conservation District (RCFC&WCD) to design and construct the Norco MDP Line S-1B Storm Drain Project, subject to non-substantive changes and approval by the Riverside County Board of Supervisors; and authorize the Mayor to execute the agreement.
SUMMARY:
The City of Norco is preparing plans and specifications for the construction of the Norco MDP Line S-1B Storm Drain Project located on Golden West Lane (See Project Exhibit). RCFC&WCD has agreed to enter into a Cooperative Funding Agreement for design and construction of the proposed drainage facilities.
BACKGROUND:
The purpose of the Cooperative Funding Agreement is to memorialize the mutual understanding between both parties with respect to construction, ownership, operation and maintenance, including the funding contribution.
RCFC&WCD has agreed to contribute one hundred percent (100%) funding of the design contract bid price, ten percent (10%) for administration of the design, one hundred percent (100%) of costs associated with construction, one hundred percent (100%) of costs associated with utility relocations, ten percent (10%) for change order costs and fifteen percent (15%) for construction administration resulting in a not-toexceed contribution amount of $696,000.
Per the agreement, the City is responsible to prepare the design, specifications, plans, bid advertisement, inspection and project management during construction.
FISCAL IMPACT:
The Norco MDP Line S-1B Storm Drain Project was approved as a Capital Improvement Project (CIP) for Fiscal Year 2023-24. Funds in the amount of $696,000 ($48,000 for design costs and $648,000 for construction costs; Project No. 4214.35, Account Nos. 129.935.43180 & 129.935.43180.30) have been budgeted for the project.
The City anticipates the project going out to bid next fiscal year.
Per the Funding Agreement RCFC&WCD will reimburse the City for the project in the maximum amount of $696,000.
RELATIONSHIP TO STRATEGIC PLAN:
Execution of the Cooperative Funding Agreement for the Norco MDP Line S-1B Storm Drain 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):
EXHIBIT
Funding Agreement - Norco Lateral S-1B Extension FINAL 3.13.24
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FUNDING AGREEMENT
Norco Lateral S-1B Extension
Project No. 2-0-10049
This Funding Agreement ("Agreement"), dated as of __________________, 2024, is entered into by and between the RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body corporate and politic ("DISTRICT") and the CITY OF NORCO, a municipal corporation ("CITY"). DISTRICT and CITY are collectively referred to herein as "Parties" and individually as "Party". Parties hereby agree as follows:
RECITALS
A. DISTRICT has budgeted for and CITY has prepared plans and specifications ("IMPROVEMENT PLANS") for the construction, operation and maintenance of Norco Lateral S-1B Extension ("LATERAL S-1B EXTENSION"); and B. These IMPROVEMENT PLANS generally consist of the following:
1. LATERAL S-1B EXTENSION: a storm drain to reduce street and community flooding within Golden West Lane. The proposed underground storm drain consists of approximately 600 lineal feet of 30-inch diameter reinforced concrete pipe to collect flows from the south end of the street and convey them north to an existing Line S-1 storm drain; and
2. Certain inlets, catch basin and connector pipes associated with LATERAL S-1B EXTENSION which will be constructed to
adequately collect and convey local flows within CITY-held easements or rights of way ("APPURTENANCES"); and
C. Together, LATERAL S-1B EXTENSION and APPURTENANCES are hereinafter called "PROJECT"; and
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D. CITY plans to advertise, award and administer a public works construction contract for PROJECT during Fiscal Year 2023/2024; and
E. CITY desires that DISTRICT include certain unavoidable utility relocations as part of DISTRICT's financial contribution to construct PROJECT. "UTILITY RELOCATIONS" is defined as (i) the relocation of CITY owned utilities that conflict with the construction of PROJECT; and (ii) the unavoidable relocation of utilities not owned by CITY that (a) conflict with the construction of PROJECT; and (b) cannot be relocated by others under CITY's franchise authority; and
F. UTILITY RELOCATIONS shall be included in the public works construction contract for PROJECT; and
G. CITY desires that DISTRICT contribute funding toward the construction of PROJECT; and
H. DISTRICT wishes to support CITY's efforts to construct PROJECT by providing a financial contribution toward PROJECT's construction along with associated administrative and ancillary costs subject to the not to exceed amount in RECITALS K; and I. DISTRICT's financial contributions shall be as follows:
1. One hundred percent (100%) of the design proposal cost to offset CITY's costs associated with the engineering design; hydrology and hydraulics; geotechnical analysis; potholing required to complete the design of PROJECT; California Environmental Quality Act ("CEQA") determination; preparation, application and acquisition of the environmental clearance and permits, if required for PROJECT and other typical ancillary costs related to the preparation of improvement plans ("DESIGN CONTRIBUTION"). However,
DESIGN CONTRIBUTION shall not include the fees associated with
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the Western Riverside County Multiple Species Habitat Conservation Plan ("MSHCP"); and
2. In the event that CITY chooses to hire an engineering consulting firm to prepare IMPROVEMENT PLANS, DISTRICT is also willing to contribute an additional ten percent (10%) of design proposal costs to offset CITY's administrative costs associated with the design contract administration ("DESIGN ADMIN"); and
3. One hundred percent (100%) of the lowest responsive and responsible bid contract amount for the construction of PROJECT and the costs associated with UTILITY RELOCATIONS ("BID PRICE"); and
4. Up to an additional fifteen percent (15%) of BID PRICE to offset CITY's administrative costs associated with construction contract administration and other typical ancillary costs related to the delivery of the facility ("CONTRACT ADMINISTRATION
CONTRIBUTION"); and
5. Up to an additional ten percent (10%) of BID PRICE for construction contract change orders ("CONSTRUCTION CHANGE ORDERS
CONTRIBUTION"); and
J. Altogether, DESIGN CONTRIBUTION, DESIGN ADMIN, BID PRICE, CONTRACT ADMINISTRATION CONTRIBUTION and CONSTRUCTION CHANGE ORDERS CONTRIBUTION are hereinafter called "TOTAL DISTRICT CONTRIBUTION"; and
K. TOTAL DISTRICT CONTRIBUTION for PROJECT shall not exceed a total sum of Six Hundred Ninety-Six Thousand Dollars ($696,000); and
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L. DISTRICT wishes to provide only financial assistance to CITY and have no other role; and
M. The purpose of this Agreement is to memorialize the mutual understandings by and between CITY and DISTRICT with respect to the construction, ownership, operation and maintenance of PROJECT and the payment of TOTAL DISTRICT CONTRIBUTION.
NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, Parties hereto mutually agree that the above recitals are true and correct and incorporated into the terms of this Agreement and as follows:
SECTION I
CITY shall:
1. Pursuant to CEQA, act as Lead Agency and assume responsibility for preparation, circulation and adoption of all necessary and appropriate CEQA documents pertaining to the construction, operation and maintenance of PROJECT.
2. Invoice DISTRICT (Attention: Special Projects Section) for fifty percent (50%) of DESIGN CONTRIBUTION upon execution of this Agreement. TOTAL DISTRICT CONTRIBUTION shall not exceed a total sum of Six Hundred Ninety-Six Thousand Dollars ($696,000) for PROJECT.
3. Prepare or cause to be prepared IMPROVEMENT PLANS, in accordance with the applicable CITY standards. CITY shall make reasonable efforts during the preparation of IMPROVEMENT PLANS to avoid utility conflicts associated with UTILITY RELOCATIONS.
4. Following the signing of IMPROVEMENT PLANS, invoice DISTRICT (Attention: Special Projects Section) for the (i) remainder of DESIGN CONTRIBUTION and (ii) DESIGN ADMIN and TOTAL DISTRICT CONTRIBUTION shall not exceed a total sum of Six Hundred Ninety-Six Thousand Dollars ($696,000) for PROJECT.
255175
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5. Prior to advertising PROJECT for public works construction contract, obtain all necessary permits, licenses, agreements, approvals, rights of way, rights of entry, encroachment permits, and temporary construction easements as may be needed to construct, operate and maintain PROJECT.
6. Upon execution of this Agreement, advertise, award and administer PROJECT pursuant to the applicable provisions of the California Public Contract Code. At the time of advertising for bids, provide DISTRICT with a copy of PROJECT plans, specifications, bid documents and any subsequent addenda thereto.
7. Provide DISTRICT with written notice (Attention: Special Projects Section) that CITY has awarded a public works construction contract for PROJECT. The written notice shall include the Contractor's actual bid amounts for PROJECT, setting forth the lowest responsible bid contract amount.
8. Order the relocation of all utilities within CITY rights of way which may conflict with the construction of PROJECT.
9. At the time of providing written notice of the award of a construction contract for PROJECT, invoice DISTRICT (Attention: Special Projects Section) for BID PRICE, subject to and provided that TOTAL DISTRICT CONTRIBUTION does not exceed a total sum of Six Hundred Ninety-Six Thousand Dollars ($696,000) for PROJECT. BID PRICE shall be supported by a copy of CITY's bid abstracts for PROJECT.
10. Procure or cause to be procured insurance coverages during the term of this Agreement. CITY shall require its PROJECT construction contractor(s) to furnish original certificate(s) of insurance and original certified copies of endorsements and, if requested, certified original policies of insurance including all endorsements and any and all other attachments. Prior to CITY issuing a Notice to Proceed to its construction contractor(s) to begin construction of PROJECT, an original certificate of insurance evidencing the required
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insurance coverage shall be provided to DISTRICT. The procured insurance coverages shall name DISTRICT, County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insured. CITY shall notify DISTRICT of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.
11. Construct or cause to be constructed PROJECT pursuant to a CITY administered public works contract in accordance with IMPROVEMENT PLANS.
12. Inspect PROJECT construction or cause PROJECT's construction to be inspected by its construction manager.
13. Require its construction contractor(s) to comply with all Cal/OSHA safety regulations including regulations concerning confined space and maintain a safe working environment for all CITY and DISTRICT employees on the site.
14. Upon completion of PROJECT construction and CITY's acceptance thereof, accept ownership and sole responsibility for the design, operation and maintenance of PROJECT.
15. Upon completion of PROJECT construction, provide DISTRICT with a copy of CITY's Notice of Completion.
16. Keep an accurate accounting of all PROJECT costs along with CITY's CONTRACT ADMINISTRATION CONTRIBUTION and CONSTRUCTION CHANGE ORDERS CONTRIBUTION. The final accounting of construction costs shall include a detailed breakdown of all costs, including, but not limited to, payment vouchers, CITY approved change orders and other such construction contract documents as may be necessary, to establish the actual cost of construction for DISTRICT and CITY approved IMPROVEMENT PLANS.
17. At the time of providing a Notice of Completion, invoice DISTRICT (Attention: Special Projects Section) for CONTRACT ADMINISTRATION CONTRIBUTION
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and if applicable, CONSTRUCTION CHANGE ORDERS CONTRIBUTION, subject to and provided TOTAL DISTRICT CONTRIBUTION shall not exceed, Six Hundred Ninety-Six Thousand Dollars ($696,000) for DISTRICT review.
SECTION II
DISTRICT shall:
1. Within thirty (30) days after receipt of CITY's invoices (i) pay all approved CITY invoices and (ii) review and approve associated documents as described in the RECITALS and SECTION I herein this Agreement, subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed, Six Hundred Ninety-Six Thousand Dollars ($696,000) for PROJECT.
2. Within thirty (30) days of CITY awarding PROJECT, pay the Western Riverside County Regional Conservation Agency the mitigation fee for PROJECT per the 2004 Implementing Agreement for MSHCP, which is either the lesser of (i) three percent (3%) of the lowest responsible bid; or (ii) three percent (3%) of lowest responsible bid contract price, less the value of any applicable PROJECT specific mitigation.
3. Not be responsible to pay any amounts that exceed TOTAL DISTRICT CONTRIBUTION for PROJECT.
SECTION III
It is further mutually agreed:
1. Notwithstanding any other provision herein this Agreement, TOTAL DISTRICT CONTRIBUTION shall not exceed a total sum of Six Hundred Ninety-Six Thousand Dollars ($696,000) and shall be used by CITY solely for the purpose of designing and constructing PROJECT as set forth herein. No additional funding whatsoever shall be provided by DISTRICT for any subsequent PROJECT modifications, extensions or repairs.
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2. In the event the actual construction cost for PROJECT is less than BID PRICE, CITY shall refund the difference to DISTRICT within thirty (30) days of filing the Notice of Completion for PROJECT.
3. Under the provisions of this Agreement, DISTRICT shall bear no responsibility whatsoever for the design, construction, ownership, operation or maintenance of PROJECT.
4. CITY shall indemnify, defend, save and hold harmless DISTRICT and the County of Riverside (including their agencies, districts, special districts and departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents, representatives, independent contractors, and subcontractors) from any liabilities, claim, damage, proceeding or action, present or future, based upon, arising out of or in any way relating to CITY's (including its officers, elected and appointed officials, employees, agents, representatives, independent contractors and subcontract) actual or alleged acts or omissions related to this Agreement, performance under this Agreement or failure to comply with the requirements of this Agreement including, but not limited to (a) property damage; (b) bodily injury or death; (c) payment of attorney fees; or (d) any other element of any kind or nature whatsoever. This Section shall survive any termination of this Agreement until the statute of limitations period has run for any claims that could be asserted under this Agreement.
5. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
6. This Agreement is to be construed in accordance with the laws of the State of California. Any action at law or in equity brought by any of Parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and Parties hereto waive all provisions
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of law providing for a change of venue in such proceedings to any other county. Neither CITY nor DISTRICT shall assign this Agreement without the written consent of the other Party.
7. This Agreement is made and entered into for the sole protection and benefit of Parties hereto. No other person or entity shall have any right of action based upon the provisions of this Agreement.
8. Any and all notices sent or required to be sent to Parties of this Agreement will be mailed by first class mail, postage prepaid, to the following addresses:
RIVERSIDE COUNTY FLOOD CONTROL CITY OF NORCO
AND WATER CONSERVATION DISTRICT 2870 Clark Avenue
1995 Market Street Norco, CA 92860
Riverside, CA 92501 Attn: Director of Public Works
Attn: Planning Division
9. This Agreement is the result of negotiations between Parties hereto and the advice and assistance of their respective counsel. The fact that this Agreement was prepared as a matter of convenience by DISTRICT shall have no importance or significance. Any uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT prepared this Agreement in its final form.
10. Any waiver by DISTRICT or CITY of any breach by any other Party of any provision of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any other provision hereof. Failure on the part of DISTRICT or CITY to require from any other Party exact, full and complete compliance with any of the provisions of this Agreement shall not be construed as in any manner changing the terms hereof or estopping DISTRICT or CITY from enforcing this Agreement.
11. The obligations of DISTRICT are limited by and contingent upon the availability of DISTRICT funds for DISTRICT's financial contribution toward PROJECT as set forth herein. In the event such funds are not forth coming for any reason, DISTRICT shall
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immediately notify CITY in writing. The Agreement shall be deemed terminated and have no further force and effect immediately upon receipt of DISTRICT's notification by CITY.
12. This Agreement is intended by Parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. This Agreement may be changed or modified only upon the written consent of Parties hereto.
13. No alternation or variation of the terms of this Agreement shall be valid unless made in writing and signed by both Parties and no oral understanding or agreement not incorporated herein shall be binding on either Party hereto.
14. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not Parties to this Agreement.
15. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Each Party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act (("CUETA") Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. Parties further agree that the electronic signatures of Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to CUETA as amended from time to time. CUETA authorizes use of an electronic signature for transactions and contracts among Parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by Party using it to have the same force and effect as the use of a manual signature, and
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shall be reasonably relied upon by Parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code. //
//
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on .
(to be filled in by Clerk of the Board)
RECOMMENDED FOR APPROVAL:
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
By
JASON E. UHLEY
General Manager-Chief Engineer
By
KAREN SPIEGEL, Chair
Riverside County Flood Control and Water
Conservation District Board of Supervisors
APPROVED AS TO FORM: ATTEST:
MINH C. TRAN
County Counsel
KIMBERLY RECTOR
Clerk of the Board
By
KRISTINE BELL-VALDEZ
Supervising Deputy County Counsel
By
Deputy
(SEAL)
Funding Agreement with City of Norco
Norco Lateral S-1B Extension
Project No. 2-0-10049
03/11/24
AMR:blm
255175
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RECOMMENDED FOR APPROVAL: CITY OF NORCO
By
KEVIN BASH
Mayor
APPROVED AS TO FORM: ATTEST:
By
COLIN BURNS
City Attorney
By
DANA ROA
City Clerk
(SEAL)
Funding Agreement with City of Norco
Norco Lateral S-1B Extension
Project No. 2-0-10049
03/11/24
AMR:blm
NORCO MASTER DRA NI AGE
PLAN - L NI E S-5, STAGE 1
NORCO MASTER DRA NI AGE
PLAN - L NI E S-1, STAGE 1
SOUTH NORCO
CHANNEL
SOUTH
NORCO
CHANNEL - STAGE 6
THIRD ST
CORONA AVE
HILLSIDE AVE
3RD ST
TEMESCAL AVE
Norco Lateral S-5E
N
o
rco
La
te
ral
S-1
C
Exte
n
sio
n
Norco Lateral
S-1B Extension
RIVERSIDE COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT Norco Lateral S-1B Extension .
Legend
Exisiting Above Ground District Facilities
Exisiting Below Ground District Facilities
Other Budgeted CIP Facilities
Un-budgeted District Facilities
FEMA Floodplain
Norco Lateral S-1B Extension
G
OLDEN WEST LN
City Council
STAFF REPORT
Date: April 17, 2024 Agenda Item:
3.Q.
To: Honorable Mayor and City Council Members
From: Chad Blais, Public Works Director
Prepared By: Sam Nelson, Deputy City Engineer
Department: Public Works
SUBJECT:
Cooperative Funding Agreement between the City of Norco and the Riverside County Flood Control & Water Conservation District for the Norco MDP Line S-1C Storm Drain Project
RECOMMENDATION:
Approve the Cooperative Funding Agreement between the City of Norco and Riverside County Flood Control & Water Conservation District (RCFC&WCD) to design and construct the Norco MDP Line S-1C Storm Drain Project, subject to non-substantive changes and approval by the Riverside County Board of Supervisors; and authorize the Mayor to execute the agreement.
SUMMARY:
The City of Norco is preparing plans and specifications for the construction of the Norco MDP Line S-1C Storm Drain Project located on Hillside Avenue between Second and Third Street (See Project Exhibit). RCFC&WCD has agreed to enter into a Cooperative Funding Agreement for design and construction of the proposed drainage facilities.
BACKGROUND:
The purpose of the Cooperative Funding Agreement is to memorialize the mutual understanding between both parties with respect to construction, ownership, operation and maintenance, including the funding contribution.
RCFC&WCD has agreed to contribute one hundred percent (100%) funding of the design contract bid price, ten percent (10%) for administration of the design, one hundred percent (100%) of costs associated with construction, one hundred percent (100%) of costs associated with utility relocations, ten percent (10%) for change order costs and fifteen percent (15%) for construction administration resulting in a not-toexceed contribution amount of $1,090,000.
Per the agreement, the City is responsible to prepare the design, specifications, plans, bid advertisement, inspection and project management during construction.
FISCAL IMPACT:
The Norco MDP Line S-1C Storm Drain Project was approved as a Capital Improvement Project (CIP) for Fiscal Year 2023-24. Funds in the amount of $1,090,000 ($75,000 for design costs and $1,015,000 for construction costs; Project No. 4214.36, Account Nos. 129.935.43180 & 129.935.43180.30) have been budgeted for the project.
The City anticipates the project going out to bid next fiscal year.
Per the Funding Agreement RCFC&WCD will reimburse the City for the project in the maximum amount of $1,090,000.
RELATIONSHIP TO STRATEGIC PLAN:
Execution of the Cooperative Funding Agreement for the Norco MDP Line S-1C Storm Drain 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):
EXHIBIT
Norco Lateral S-1C Extension - Funding Agreement
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FUNDING AGREEMENT
Norco Lateral S-1C Extension
Project No. 2-0-10052
This Funding Agreement ("Agreement"), dated as of __________________, 2024, is entered into by and between the RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body corporate and politic ("DISTRICT") and the CITY OF NORCO, a municipal corporation ("CITY"). DISTRICT and CITY are collectively referred to herein as "Parties" and individually as "Party." The Parties hereby agree as follows:
RECITALS
A. DISTRICT has budgeted for and CITY has prepared plans and specifications ("IMPROVEMENT PLANS") for the construction, operation and maintenance of Norco Lateral S-1C Extension ("NORCO S-1C"); and
B. These IMPROVEMENT PLANS generally consist of the following:
1. NORCO S-1C: A storm drain to reduce street and community flooding within Hillside Avenue. The proposed underground storm drain consists of approximately 1,300 lineal feet of 30-inch reinforced concrete pipe to collect and convey storm flows from Hillside Avenue into the existing Norco Lateral S-1B Extension located in Third Street, as shown in blue as shown in concept on Exhibit "A" attached hereto and made a part hereof; and
2. Certain inlets, catch basins, connector pipes associated with NORCO S-1C which will be constructed to adequately collect and convey local flows within CITY-held easements or right of way
("APPURTENANCES"); and
C. Together, NORCO S-1C and APPURTENANCES are hereinafter called "PROJECT"; and
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D. CITY plans to advertise, award and administer a public works construction contract for PROJECT during Fiscal Year 2024/2025; and
E. CITY desires that DISTRICT include certain unavoidable utility relocations as part of DISTRICT's financial contribution to construct PROJECT. "UTILITY RELOCATIONS" is defined as (i) the relocation of CITY owned utilities that conflict with the construction of PROJECT and (ii) the unavoidable relocation of utilities not owned by CITY that (a) conflict with the construction of PROJECT and (b) cannot be relocated by others under CITY's franchise authority.
F. UTILITY RELOCATIONS shall be included in the public works construction contract for PROJECT; and
G. CITY desires that DISTRICT contribute funding toward the construction of PROJECT; and
H. DISTRICT wishes to support CITY's efforts to construct PROJECT by providing a financial contribution toward PROJECT's construction along with associated administrative and ancillary costs subject to the not to exceed amount in Recitals K; and I. DISTRICT's financial contributions shall be as follows:
1. One hundred percent (100%) of design proposal cost to offset CITY's costs associated with engineering design; hydrology and hydraulics; geotechnical analysis; potholing required to complete the design of PROJECT; California Environmental Quality Act ("CEQA")
determination; preparation, application and acquisition of the environmental clearance and permits, if required, for PROJECT; and other typical ancillary costs related to the preparation of improvement plans ("DESIGN CONTRIBUTION"). However, DESIGN
CONTRIBUTION shall not include the fees associated with the
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Western Riverside County Multiple Species Habitat Conservation Plan ("MSHCP"); and
2. In the event that CITY chooses to hire an engineering consulting firm to prepare IMPROVEMENT PLANS, DISTRICT is also willing to contribute an additional ten percent (10%) of design proposal cost to offset CITY's administrative costs associated with design contract administration ("DESIGN ADMIN"); and
3. Up to one hundred percent (100%) of the lowest responsive and responsible bid contract amount for the construction of PROJECT and the costs associated with UTILITY RELOCATIONS ("BID PRICE"); and
4. Up to an additional fifteen percent (15%) of BID PRICE to offset CITY's administrative cost associated with construction contract administration and other typical ancillary costs related to the delivery of the facility ("CONTRACT ADMINISTRATION
CONTRIBUTION"); and
5. Up to an additional ten percent (10%) of BID PRICE for construction contract change orders ("CONSTRUCTION CHANGE ORDERS
CONTRIBUTION"); and
J. Altogether, DESIGN CONTRIBUTION, DESIGN ADMIN, BID PRICE, CONTRACT ADMINISTRATION CONTRIBUTION and CONSTRUCTION CHANGE ORDERS CONTRIBUTION are hereinafter called "TOTAL DISTRICT CONTRIBUTION"; and
K. TOTAL DISTRICT CONTRIBUTION for PROJECT shall not exceed a total sum of One Million Ninety Thousand Dollars ($1,090,000); and
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L. DISTRICT wishes to provide only financial assistance to CITY and have no other role; and
M. The purpose of this Agreement is to memorialize the mutual understandings by and between CITY and DISTRICT with respect to the construction, ownership, operation and maintenance of PROJECT and the payment of TOTAL DISTRICT CONTRIBUTION.
NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the Parties hereto mutually agree that the above recitals are true and correct and incorporated into the terms of this Agreement and as follows:
SECTION I
CITY shall:
1. Pursuant to CEQA, act as Lead Agency and assume responsibility for preparation, circulation and adoption of all necessary and appropriate CEQA documents pertaining to the construction, operation and maintenance of PROJECT.
2. Invoice DISTRICT (Attention: Special Projects Section) for fifty percent (50%) of DESIGN CONTRIBUTION upon execution of this Agreement. TOTAL DISTRICT CONTRIBUTION shall not exceed a total sum of One Million Ninety Thousand Dollars ($1,090,000) for PROJECT.
3. Prepare or cause to be prepared improvement plans, in accordance with the applicable CITY standards. CITY shall make reasonable efforts during the preparation of IMPROVEMENT PLANS to avoid utility conflicts associated with UTILITY RELOCATIONS.
4. Following the signing of IMPROVEMENT PLANS, invoice DISTRICT (Attention: Special Projects Section) for the (i) remaining fifty percent (50%) of DESIGN CONTRIBUTION and (ii) DESIGN ADMIN and TOTAL DISTRICT CONTRIBUTION shall not exceed a total sum of One Million Ninety Thousand Dollars ($1,090,000) for PROJECT.
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5. Prior to advertising PROJECT for public works construction contract, obtain all necessary permits, licenses, agreements, approvals, right of way, rights of entry, encroachment permits and temporary construction easements as may be needed to construct, operate and maintain PROJECT.
6. Upon execution of this Agreement, advertise, award and administer PROJECT pursuant to the applicable provisions of the California Public Contract Code. At the time of advertising for bids, provide DISTRICT with a copy of IMPROVEMENT PLANS, specifications, bid documents and any subsequent addenda thereto.
7. Provide DISTRICT with written notice (Attention: Special Projects Section) that CITY has awarded a public works construction contract for PROJECT. The written notice shall include the Contractor's actual bid amounts for PROJECT, setting forth the lowest responsible bid contract amount.
8. Order the relocation of all utilities within CITY right of way that may conflict with the construction of PROJECT.
9. At the time of providing written notice of the award of a construction contract for PROJECT, invoice DISTRICT (Attention: Special Projects Section) for BID PRICE, subject to and provided that TOTAL DISTRICT CONTRIBUTION does not exceed a total sum of One Million Ninety Thousand Dollars ($1,090,000) for PROJECT. BID PRICE shall be supported by a copy of CITY's bid abstracts for PROJECT.
10. Procure or cause to be procured insurance coverages during the term of this Agreement. CITY shall require its PROJECT construction contractor(s) to furnish original certificate(s) of insurance and original certified copies of endorsements and, if requested, certified original policies of insurance including all endorsements and any and all other attachments. Prior to CITY issuing a Notice to Proceed to its construction contractor(s) to begin construction of PROJECT, an original certificate of insurance evidencing the required
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insurance coverage shall be provided to DISTRICT. The procured insurance coverages shall name DISTRICT, County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insured. CITY shall notify DISTRICT of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.
11. Construct or cause to be constructed PROJECT pursuant to a CITY administered public works contract in accordance with IMPROVEMENT PLANS.
12. Inspect PROJECT construction or cause PROJECT's construction to be inspected by its construction manager.
13. Require its construction contractor(s) to comply with all Cal/OSHA safety regulations including regulations concerning confined space and maintain a safe working environment for all CITY employees on the site.
14. Upon completion of PROJECT construction and CITY's acceptance thereof, accept ownership and sole responsibility for the design, inspection, operation and maintenance of PROJECT.
15. Upon completion of PROJECT construction, provide DISTRICT with a copy of CITY's Notice of Completion.
16. Keep an accurate accounting of all PROJECT costs along with CONTRACT ADMINISTRATION CONTRIBUTION and CONSTRUCTION CHANGE ORDERS CONTRIBUTION. The final accounting of construction costs shall include a detailed breakdown of all costs, including, but not limited to, payment vouchers, CITY approved change orders and other such construction contract documents as may be necessary to establish the actual cost of construction for PROJECT.