Norco City Council
April 17, 2024

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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 One Million Ninety Thousand Dollars ($1,090,000) 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 One Million Ninety Thousand Dollars ($1,090,000) 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 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 One Million Ninety Thousand Dollars ($1,090,000) 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 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 the Parties hereto for the purpose

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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 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.

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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 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

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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)
Cooperative/ Funding Agreement with City of Norco
Norco Lateral S-1C Extension
Project No. 2-0-10052
04/01/24
AGR:blj

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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)
Cooperative/ Funding Agreement with City of Norco
Norco Lateral S-1C Extension
Project No. 2-0-10052
04/01/24
AGR:blj

NORCO MASTER DRAINAGE
PLAN - LINE S-5, STAGE 1

NORCO MASTER DRAINAGE
PLAN - LINE S-1, STAGE 1
SOUTH
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CHANNEL - STAGE 6

SOUTH NORCO

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THIRD ST
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Norco Lateral
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2

City Council

STAFF REPORT
Date: April 17, 2024 Agenda Item:

3.R.

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

Acceptance of Tender Agreement, bid and award of Contract for the MDP Line N-5 Storm Drain Project
RECOMMENDATION:

Approve the Tender Agreement between the City and Philadelphia Indemnity Insurance Company; award a contract to Riverside Construction Company, Inc. for construction of the MDP Line N-5 Storm Drain Project in the amount of $2,669,917; approve the appropriation as noted in the staff report; and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.

SUMMARY:

The City of Norco contracted with AID Builders, Inc. to construct the MDP Line N-5 Storm Drain Project from the I-15 Freeway on Third St to the mid-block area on Valley View Ave between Fourth St and Third St. This project also included street rehabilitation of Valley View Ave. However, AID Builders, Inc. (AID) was unable to complete the project and the City terminated the contract. Over the past few months, the City has been working with the Performance Bond company used by AID to develop a new scope of work for the uncompleted portions of the project and to find a replacement contractor. The Surety has identified a new contractor and the City and Surety have developed a Tender Agreement that will allow the City to resume the construction work and provide additional funding from the Surety.

BACKGROUND:

On September 6, 2022, the City awarded a contract to AID Builders, Inc. (AID) for the construction of the MDP Line N-5 Storm Drain Project in the amount of $3,503,619. The MDP Line N-5 Storm Drain project includes installation of RCP pipe 18”, 24”, 36” and 42” in diameter, catch basins, manholes, junction structures from I-15 Freeway at Third St to midblock on Valley View Ave between Sierra Ave and Fourth St. The project also includes full street improvements on this same portion of Valley View Ave including curb

and gutter that is critical to direct runoff into the proposed storm drain system (See Project Exhibit). The remainder of Valley View Ave will be repaved as part of a separate storm drain project that includes improvements on Fourth St from Valley View Ave to Sierra Ave.

Unfortunately, the City had to terminate the contract in December 2023 due AID's failure to complete the project. At the same time Philadelphia Indemnity Insurance Company (Surety), the entity that issued the Performance Bond which guarantees that AID would complete the project, was notified of the termination. As a result, the Surety immediately got involved to engage the City and evaluate the status of the project.

Legally, the Surety is now responsible with getting the project completed in one of two ways: 1) Offer a "Tender Agreement" to the City that requires the Surety to conduct a due diligence process to find an acceptable contractor to complete the job, provide any additional funding needed above what the City has already allocated for the project, and then the City moves forward with the new contractor to complete the project; or 2) offer a "Take Over Agreement" in which all the elements of option 1 are the same except the Surety hires a project manager to work directly with the new contractor to get the project completed. The City and Surety have agreed the best path forward is to utilize a Tender Agreement (see attached Tender Agreement).

Over the past couple months, the Surety and the City coordinated together to identify the uncompleted elements of the project to develop a new scope of work. In addition, the Surety and City reviewed the expenditures for the work that was invoiced and paid to AID and determined $1,447,070 was expended with $2,048,071 originally budgeted unspent. The Surety had the responsibility to conduct another bid process to identify and select a responsible contractor that could complete the project. As stated previously, the Surety must also provide the funding for any construction costs above the City allocated project funds remaining available. After conducting a bid process, the Surety selected Riverside Construction Company, Inc. with a bid in the amount of $2,669,917 (see attached contract). Based on the new bid amount of $2,669,917 and the City funds remaining $2,048,071, the Surety will be responsible for providing the City $621,216 to fully fund the new construction agreement. Per the agreement this payment must be made within 14 days of approval of the agreement.

Based on a review of the proposed contactors experience and financial funding being added to the project by the Surety, the City has developed a Contract for Riverside Construction Company, Inc. to complete the MDP Line N-5 Storm Drain Project in the amount of $2,669,917. The Contractor is currently constructing the North Norco Channel Storm Drain Project for County Flood Control and has the resources to complete the N-5 project within 100 working days.

City Council is recommended to approve the Tender Agreement between the City and Surety, approve the contract between the City and Riverside Construction Company, Inc. in the amount of $2,669,917 to construct the MDP Line N-5 Storm Drain Project, and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.

FISCAL IMPACT:

The current project has an existing project number and funding sources from the Storm Drain Fund (project 4214.22; 129.935.43180 & 129.935.4318.30) and Measure R Fund (project 54900.1; 132.930.4310 & 132.930.43180.30) which was used to track project costs related to AID Builders Inc.

The current available remaining funding related to the Storm Drain portion of the project is $1,644,372 which is sufficient to fund the bid amount of $689,637 for construction of the remaining elements of the storm drain, contingency, engineering and inspection support services.

The current available remaining funding related to the street repavement portion of the project is $1,522,197 which is insufficient to fund the bid amount of $1,980,280, contingency, engineering and inspection support services. Staff is recommending the additional funds provided by the Surety in the amount of $621,216 be used to offset the additional costs associated with street repavement expenditures for this project.

So an addition to the existing Measure R budget, it is recommended that an additional $621,216 be appropriated from General Fund fund balance for the Valley View Ave Street Improvements (Fourth St to Third St). This appropriation will be offset by that same amount of revenue from the Surety, for no net impact to the General Fund.

RELATIONSHIP TO STRATEGIC PLAN:

Construction of the MDP Line N-5 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):

Norco MDP Line N-5 Storm Drain Project Tender Agreement - Final Riverside Construction Co - N5 Storm Drain Contract

______________________________________________________________________________ TENDER AND RELEASE AGREEMENT PAGE 1

TENDER AND RELEASE AGREEMENT
This Tender and Release Agreement (the “Agreement”) is made and entered as of the Effective Date by and between City of Norco (“Obligee”) and Philadelphia Indemnity Insurance Company (“Surety”) (individually, a “Party” and collectively, the “Parties”).

RECITALS
A. Aid Builders, Inc. (“Principal”) entered into a contract dated September 6th, 2022, as amended by subsequent modifications and/or change orders (the “Contract”), with Obligee to furnish certain labor and material and perform work on a construction project referred to as Norco MDP Line N-5 Storm Drain Project (the “Project”).

B. Surety issued a Performance Bond (the “Performance Bond”) and a Payment Bond (the “Payment Bond”), both numbered PB03081700571 and each in the penal sum of $3,503,619.00, in connection with the Project naming Principal as principal and Obligee as obligee (collectively, the “Bonds”).

C. Pursuant to the Contract, Obligee paid Principal $1,447,070.02, leaving a contract balance of $2,048,701.32 currently held by Obligee (the “Contract Balance”).

D. On or about December 8th, 2023, Obligee declared Principal in default under the Contract, terminated Principal’s right to proceed with work under the Contract, and made demand upon Surety under the terms of the Performance Bond.

E. Surety has tendered to Obligee a completion contractor, Riverside Construction Company, Inc. (“Completion Contractor”), and arranged for Obligee to enter into a contract with Completion Contractor (“Completion Agreement”), a copy of which is attached hereto and incorporated herein, under which Completion Contractor will: (1) complete all of the work to be performed under the Contract associated with the Project for the lump sum price of $2,669,917.00, (2) warrant all if its work to be performed to complete the Contract, (3) satisfy all of the obligations of Principal under the Contract, and (4) furnish to Obligee payment and performance bonds to guarantee Completion Contractor’s performance of the Completion Agreement.

F. Surety has agreed to make payment to Obligee in the amount of $621,215.68, which represents the difference between the Contract Balance and Completion Contractor’s lump sum price, as a cash settlement of Obligee’s claims asserted against the Performance Bond associated with the Project (“Surety Payment”).

G. The tender proposal and Surety Payment are acceptable to Obligee and the Parties desire to document the terms of such agreement as set forth herein.

In consideration of the agreements and undertakings set forth below and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows:

______________________________________________________________________________ TENDER AND RELEASE AGREEMENT PAGE 2

AGREEMENTS

1. Obligee represents and acknowledges that the sum of $[2,048,701.32] is the unpaid Contract Balance as of the Effective Date.

2. Obligee hereby extends the date for substantial completion for the Project to 140 calendar days or 100 woking days from the date in the Notice to Proceed to be issued by the Obligee.

3. Administration and inspection of the Project will remain with Obligee and its agents/engineers and inspectors in accordance with the terms of the Contract.

4. Obligee agrees that, as of the Effective Date, all work performed on and materials incorporated into the Project by Principal are in accordance with the Contract and acceptable to Obligee, excepting for such latent defects in the Work, if any.

5. In consideration of the Surety Payment of $[621,215.68], paid to it by Surety, and the other good and valuable consideration described herein, Obligee does hereby expressly RELEASE, ACQUIT, and FOREVER DISCHARGE Surety and its successors and assigns of and from any and all claims, rights, demands, and/or causes of action of whatsoever kind or nature which Obligee has or may ever claim to have, now or in the future, against Surety under the Performance Bond (“Release of Surety”); provided however, that it is expressly understood and agreed by the Parties that the Release of Surety is qualified by the following exceptions:
(a) Surety’s obligations for latent defects as set forth in Section 4 shall survive the Release of Surety;
(b) Obligee hereby expressly agrees (1) to accept the performance bond being furnished by Completion Contractor as the primary performance bond pertaining to Completion Contractor’s performance of the Contract, (2) to credit the penal amount of the Performance Bond from its stated penal limit of $[3,503,619.00] to the reduced amount of $[2,882,403.32], representing the original amount of the Performance Bond less the Surety Payment, (3) that it will at no time assert a claim against Surety or the Performance Bond except in the event that [a] Completion Contractor should default upon its obligations hereunder and fail to cure any such default, causing Completion Contractor to be terminated, and [b] as a result of such default, Obligee calls upon the performance bond surety of Completion Contractor and the entire penal limits of the performance bond of Completion Contractor and its surety should be exhausted, and (4) that Surety shall only have continuing potential exposure upon its Performance Bond, for any excess liability, if any, resulting from the aforementioned events; and Obligee further agrees that in the event that any such default of Completion Contractor should occur, Obligee will provide written notice of such event to Surety.

6. For and in consideration of the Release of Surety, Surety does hereby agree to make payment to Obligee in the amount of $[621,215.68], within [14] days of the Effective Date.

7. Surety’s payment to Obligee includes $100,000.00 to be used as an Allowance for issues that arise from the work installed by Principal, to include work that is defective or requires

______________________________________________________________________________ TENDER AND RELEASE AGREEMENT PAGE 3
correction by Completion Contractor. Prior to using the Allowance, Obligee shall notify Surety of the issue for which Obligee intends to use the Allowance funds and the actual or estimated amount. Surety shall have a reasonable time to investigate the issue and respond to Obligee’s notification. Any portion of the Allowance that is not used by Obligee will be returned to Surety.

Should the Allowance funds be exhausted prior to the completion of the project, Surety will reimburse City until project completion.

8. For the aforementioned consideration, Obligee does hereby assign unto Surety, its successors, and assigns any and all rights, demands, claims, and/or causes of action which Obligee has against Principal under the Contract. Obligee grants to Surety, its successors, and assigns full power and authority for its own use and benefit, but at its own cost, to ask, demand, collect, and/or release, and in its name or otherwise, to prosecute, at its discretion, any claims, suits, or proceedings at law or in equity as against Principal.

9. Nothing contained in this Agreement shall be deemed to enlarge Surety’s obligations under the Performance Bond and, notwithstanding Obligee’s express reduction in the penal sum of the Performance Bond above, Obligee acknowledges that Surety has expended additional funds, and will likely expend further sums in discharge of its performance obligations and that Surety contends that the penal sum of the Performance Bond has been or will be further reduced by such expenditures.

10. Surety acknowledges and agrees that its Payment Bond shall continue to remain in full force and effect in strict accordance with its terms. Unless required by law, Obligee acknowledges that it is not authorized to and agrees not to make any representations or promises regarding payment to suppliers and/or subcontractors, and Obligee shall refer all inquiries from suppliers and/or subcontractors with respect to payment to Surety. Surety shall have the right to settle, compromise, defend, appeal, pay, or dispute such claims as it, in its sole and complete discretion, may deem appropriate in accordance with the terms of the Payment Bond and applicable law.

11. All notices sent in accordance with the Contract or this Agreement shall be sent to the Party to receive such notice at the addresses set forth below or to such other address as either Party may specify in writing, and shall be presumed to have been given three (3) calendar days after mailing, provided mailing was by certified mail, with a copy transmitted by electronic mail, addressed to the intended recipient at its address set forth below:

Surety:

Philadelphia Insurance Companies
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004
Attn: Rick Levesque
With a copy to:
____________________
____________________
____________________

______________________________________________________________________________ TENDER AND RELEASE AGREEMENT PAGE 4
______________________
Obligee:

City of Norco
2870 Clark Avenue
Norco, CA 92860
Attn: Chad Blais
With a copy to:
____________________
____________________
____________________
____________________

12. Except as otherwise expressly set forth herein, the Parties reserve all claims, rights, remedies, and defenses they may have against any person or legal entity not a signatory hereto, including, but not limited to, Principal, and any and all suppliers, materialmen, and subcontractors.

13. This Agreement is solely for the benefit of the Parties. The Parties do not intend by any provision of this Agreement to create any rights in favor of any person or entity other than the Parties. Further, the Parties acknowledge and agree that nothing in this Agreement is intended to or shall be construed to grant or expand any rights of any third-party claimants or the liabilities or obligations of Surety under the Bonds or waive or alter any available defense or limitation against any third-party claims.

14. This Agreement constitutes the entire Agreement and understanding of the Parties hereto relating to the subject matter hereof, and shall supersede all prior or contemporaneous agreements, understandings, representations, and warranties, whether written or oral, relating to the subject matter hereof. Each of the Parties acknowledges that the other Party, or anyone acting on behalf of the other Party has made no representations, inducements, promises, or agreements, orally or otherwise, unless such representations, inducements, promises, or agreements are embodied in this Agreement.

15. The Recitals to this Agreement are incorporated into this Agreement and form a part of the terms and conditions of this Agreement. The Parties, together with their respective attorneys if any, participated in the drafting and preparation of this Agreement. Therefore, this Agreement shall not be construed in favor of or against any Party on the basis that any such Party did or did not participate in the drafting of this Agreement.

16. Each Party hereto expressly warrants that it has the necessary authority to execute this Agreement and that each signatory hereto has authority to execute this Agreement on behalf of the respective named Party.

17. This Agreement and the respective rights and obligations of the Parties shall inure to the benefit of and be binding upon the successors and assigns of the Parties.

______________________________________________________________________________ TENDER AND RELEASE AGREEMENT PAGE 5

18. The Effective Date of this Agreement is the date of the last signature below. [REMAINDER OF PAGE LEFT BLANK INTENTIONALLY.]

______________________________________________________________________________ TENDER AND RELEASE AGREEMENT PAGE 6

OBLIGEE
By: __________________________
Its: __________________________
STATE OF _______________ §
§
COUNTY OF ______________ §
BEFORE ME, the undersigned authority, on this day personally appeared ____________________, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of ____________________, and that he executed the same as the act of ____________________ for the purposes and consideration therein expressed and in the capacity therein stated.

GIVEN UNDER MY HAND AND SEAL OF OFFICE this _____ day of ___________________, __________.
_____________________________________
Notary Public in and for the State of ________
My Commission Expires:
_____________________

______________________________________________________________________________ TENDER AND RELEASE AGREEMENT PAGE 7
SURETY
By:_________________________________
Its: __________________________________
STATE OF _______________ §
§
COUNTY OF ______________ §
BEFORE ME, the undersigned authority, on this day personally appeared ____________________, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of ____________________, and that he executed the same as the act of ____________________ for the purposes and consideration therein expressed and in the capacity therein stated.

GIVEN UNDER MY HAND AND SEAL OF OFFICE this _____ day of ___________________, __________.
_____________________________________
Notary Public in and for the State of ________
My Commission Expires:
_____________________

CA-1

CONTRACT AGREEMENT

CITY OF NORCO
NORCO MDP LINE N-5 STORM DRAIN PROJECT

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 Riverside Construction Company, Inc., a corporation with its principal place of business at 4225 Garner Road, P.O. Box 1146, Riverside, CA 92502 (hereinafter referred to as “Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. Recitals.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provisions of the Norco MDP Line N-5 Storm Drain Project on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in constructing street & storm drain improvements for public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of the City.

2.2 Project.

The City desires to engage the Contractor to render such services for the Norco MDP Line N-5 Storm Drain Project (“Project”) as set forth in this Agreement.

3. Terms.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to construct the improvements outlined by the Norco MDP Line N-5 Storm Drain Project. The Project is more particularly described in Exhibit A attached hereto and incorporated herein by reference. The Project shall be subject to, and performed in accordance with this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The terms of this Agreement shall begin at the Notice to Proceed and shall extend 100 working days. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

CA-2

3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Project shall be constructed by Contractor or under its supervision. Contractor will determine the means, methods and details of constructing the Project subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Any additional personnel constructing the Project under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control.

Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with the construction of the Project under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

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

Contractor represents that it has the professional and technical personnel required to construct the Project in conformance with such conditions. In order to facilitate Contractor’s conformance with the Project timeframe, City shall respond to Contractor’s Requests for Information in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Project timeframe.

3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

3.2.4 City’s Representative. The City hereby designates the Director of Public Works, or his designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.5 Contractor’s Representative. Contractor hereby designates Donald M. Pim – President, or his designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Project, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Project under this Agreement.

3.2.6 Coordination of Project. Contractor agrees to work closely with City staff in the construction of the Project and shall be available to City’s staff, consultants and other staff at all reasonable times.

3.2.7 Standard of Care; Performance of Employees. Contractor shall construct the Project under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling

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necessary to construct the Project. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to construct the Project. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to construct the Project, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its subcontractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to construct the Project in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any work on the Project.

3.2.7.1 Period of Performance and Liquidated Damages. Contractor shall perform and complete the Project under this Agreement within the term set forth in Section 3.1.2 above (“Term”). Contractor shall construct the Project in strict accordance with any timeframe provided herein, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Project is not completed within the aforementioned Term and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of $1,000.00 per working day:

3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Project. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.9 Insurance.

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

1.1.1.2 Minimum Requirements. Throughout the life of this Contract, Contractor shall pay for and maintain in full force and effect all policies of insurance required

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hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than “A- VII” in Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by City Manager or his/her designee at any time and in his/her sole discretion. The following policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than the following:
$2,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $2,000,000 aggregate for products and completed operations $4,000,000 general aggregate
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which
shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non owned automobiles or other licensed vehicles (Code 1 Any Auto) with limits of liability of not less than $1,000,000 per accident for bodily injury and property damage. (iii) WORKERS’ COMPENSATION insurance as required under the California Labor Code.
(iv) EMPLOYERS’ LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee.
(v) BUILDERS RISK (Course of Construction) insurance in an amount equal to the completed value of the project with no coinsurance penalty provisions. (Only required if the project includes new construction of a building; or renovation of, or addition to, an existing building.)
(vi) CONTRACTORS POLLUTION LIABILITY (Unless waived in
writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is required for all environmental and water remediation work and for all work transporting fuel. Unless waived in writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is also required for demolition, renovation, HVAC, plumbing or electrical (including, without limitation, lighting) work on any structure built prior to the year 1990.) insurance with limits of liability of not less than the following:
$1,000,000 per occurrence or claim

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$2,000,000 general aggregate per annual policy period
In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).

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

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

Contractor shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Contractor shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee in his/her sole discretion. At the option of the City Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees and agents; or (ii) Contractor shall provide a financial guarantee, satisfactory to the City Manager or his/her designee in his/her sole discretion, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or 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, Contractor shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Contractor shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.

The General Liability and Automobile Liability insurance policies shall be written on an occurrence form. The Contractors Pollution Liability insurance policy shall be written on either an occurrence form, or a claims-made form. The General Liability (including ongoing operations and completed operations), Automobile Liability and Contractors Pollution Liability insurance policies shall name City, its officers, officials, employees and agents as an

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additional insured. All such policies of insurance shall be endorsed so Contractor’s insurance shall be primary and no contribution shall be required of City, its officers, officials, employees and agents. The Builders Risk (Course of Construction) insurance policy shall be endorsed to name the City as a loss payee. Any Workers’ Compensation insurance policy shall contain a waiver of subrogation as to City, its officers, officials, employees and agents. The coverage(s) shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees and agents. If Contractor maintains higher limits of liability than the minimums shown above, City requires and shall be entitled to coverage for the higher limits of liability maintained by Contractor.

Claims-Made Policies – If any coverage required is written on a claimsmade coverage form:
(i) The retroactive date must be shown, and must be before the effective date of the Contract or the commencement of work by Contractor. (ii) Insurance must be maintained and evidence of insurance must be provided for at least 5 years after completion of the work or termination of the Contract, whichever first occurs.
(iii) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Contract, or work commencement date, Contractor must purchase extended reporting period coverage for a minimum of 5 years after completion of the work or termination of the Contract, whichever first occurs.
(iv) A copy of the claims reporting requirements must be submitted to City for review.
(v) These requirements shall survive expiration or termination of the Contract.

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

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

If at any time during the life of the Contract or any extension, Contractor or any of its subcontractors fail to maintain any required insurance in full force and effect, all work under this Contract shall be discontinued immediately, and all payments due or that become due to Contractor shall be withheld until notice is received by City that the required

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insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Contract. No action taken by City hereunder shall in any way relieve Contractor of its responsibilities under this Contract.

The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Contract. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its principals, officers, agents, employees, persons under the supervision of Contractor, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.

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

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

3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In constructing the Project, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space 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.

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3.2.11 Bonds.

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

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

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

3.2.11.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.11.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted.

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

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all construction services rendered under this Agreement at the rates set forth in Exhibit B attached hereto and incorporated herein by reference. Extra work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

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

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

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

Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4 Accounting Records.

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

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3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation.

Contractor may not terminate this Agreement except for cause.

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

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

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

Contractor:

Riverside Construction Company, Inc.
4225 Garner Road, P.O. Box 1146
Riverside, CA 92502
Attention: Donald M. Pim - President
City:

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

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

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

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

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

This section shall survive termination or expiration of this Agreement.

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

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

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

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

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

3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without

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the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

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

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

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

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

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

3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

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

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

3.6 Subcontracting.

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

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Name of Contractor: Riverside Construction Company, Inc. *By:
________________________________________________
Donald M. Pim - President
OWNER: CITY OF NORCO, a municipal corporation
*By:
________________________________________________
Kevin Bash - Mayor
ATTEST:
________________________________________________
Dana Roa, City Clerk
APPROVED AS TO FORM:
________________________________________________
Colin Burns, City Attorney

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EXHIBIT A
NORCO MDP LINE N-5 STORM DRAIN PROJECT
The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Contract Documents, Specifications and Plans for the above stated project. The general items of work to be done hereunder consist of construction of Riverside County Flood Control and Water Conservation District (RCFC&WCD) Master Drainage Plan Line N-5 located in Third Street from the North Norco Channel west of the Caltrans I-15 FWY Bridge overcrossing easterly to Valley View Avenue, then northeasterly in Valley View Avenue approximately 1,850 feet from the intersection of Third Street, as well as reconstruction of Valley View Avenue from third street to approximately 500 feet south of Fourth Street. Project includes installation of RCP pipe 18”, 24”, 36” and 42” in diameter, catch basins, manholes, junction structures, local depressions, AC Pavement and aggregate base reconstruction, curb and gutter, PCC driveway approaches, reconstruction of the equestrian trail and replacement of water services, and all appurtenant related work to the satisfaction and acceptance of the City Engineer.

Contractor has been made aware they are taking over a project that had already been partially constructed by another contractor. All available information regarding the work completed to date and any known existing conditions, change orders, requests for information, inspection notes, etc. has been provided to the Contractor for their review prior to the bid submitted to the Surety as part of the Solicitation for Proposals packet.

The services shall be performed in accordance with the Standard Specifications for Public Works Construction (Green Book), 2021 latest edition, including all current supplements, addenda, and revisions thereof (hereinafter referred to as “Standard Specifications”) incorporated herein by this reference. Any provisions which supplement or modify the Standard Specifications are attached hereto as Special Provisions and incorporated herein by this reference.

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EXHIBIT
Bid Document

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

THAT WHEREAS, the City of Norco (sometimes referred to hereinafter as “Obligee”) has awarded to ___________________________________________________________ ___________________________________________________________ (hereinafter designated as the “Contractor”), an agreement for the work described as follows:

NORCO MDP LINE N-5 STORM DRAIN PROJECT
The general items of work to be done hereunder consist of:

The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Contract Documents, Specifications and Plans for the above stated project. The general items of work to be done hereunder consist of construction of Riverside County Flood Control and Water Conservation District (RCFC&WCD) Master Drainage Plan Line N-5 located in Third Street from the North Norco Channel west of the Caltrans I-15 FWY Bridge overcrossing easterly to Valley View Avenue, then northeasterly in Valley View Avenue approximately 1,850 feet from the intersection of Third Street, as well as reconstruction of Valley View Avenue from third street to approximately 500 feet south of Fourth Street. Project includes installation of RCP pipe 18”, 24”, 36” and 42” in diameter, catch basins, manholes, junction structures, local depressions, AC Pavement and aggregate base reconstruction, curb and gutter, PCC driveway approaches, reconstruction of the equestrian trail and replacement of water services, and all appurtenant related work to the satisfaction and acceptance of the City Engineer. (hereinafter referred to as the “Public Work”); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated ___________________, (hereinafter referred to as the "Contract"), which Contract is incorporated herein by this reference; and WHEREAS, the Contractor is required by said Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof.

NOW, THEREFORE, we, ____________________________________________, the undersigned Contractor, as Principal, and ____________________________________ ________________________________, a corporation organized and existing under the laws of the State of____________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Norco in the sum of ______________________________________________________ Dollars ($ _________________), said sum being not less than 100 percent of the total amount payable by the said Obligee under the terms to the said Contract, for which amount well

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and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the bounden Contractor, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract and any alteration thereof made as therein provided, on his or its parts, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated in said Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

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

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

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

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

PRINCIPAL/CONTRACTOR:
_________________________________
By: ______________________________
SURETY:
_________________________________
By: ______________________________
Attorney-in-Fact

CA-19
The rate of premium on this bond is _________________________ per thousand.

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

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

Any claims under this bond may be addressed to:
(Name and Address of Surety) ________________________________ ________________________________
________________________________
(Name and Address of Agent or ________________________________ Representative for service of
process in California if ________________________________ different from above)
________________________________
(Telephone Number of Surety and ________________________________ Agent or Representative for
service of process in California) ________________________________ ________________________________

CA-20

STATE OF CALIFORNIA )
) ss.

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

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

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

CA-21

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

THAT WHEREAS, the City of Norco (sometimes referred to hereinafter as Obligee” has awarded to ____________________________________________________________ __________________________________(hereinafter designated as the “Contractor”), an agreement dated________________________________, described as follows:

NORCO MDP LINE N-5 STORM DRAIN PROJECT
The general items of work to be done hereunder consist of:

The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Contract Documents, Specifications and Plans for the above stated project. The general items of work to be done hereunder consist of construction of Riverside County Flood Control and Water Conservation District (RCFC&WCD) Master Drainage Plan Line N-5 located in Third Street from the North Norco Channel west of the Caltrans I-15 FWY Bridge overcrossing easterly to Valley View Avenue, then northeasterly in Valley View Avenue approximately 1,850 feet from the intersection of Third Street, as well as reconstruction of Valley View Avenue from third street to approximately 500 feet south of Fourth Street. Project includes installation of RCP pipe 18”, 24”, 36” and 42” in diameter, catch basins, manholes, junction structures, local depressions, AC Pavement and aggregate base reconstruction, curb and gutter, PCC driveway approaches, reconstruction of the equestrian trail and replacement of water services, and all appurtenant related work to the satisfaction and acceptance of the City Engineer. (hereinafter referred to as the “Contract”) and
WHEREAS, said Contractor is required to furnish a bond in connection with said Contract and pursuant to Section 3247 of the California Civil Code; NOW, THEREFORE, We, _______________________________________________, the undersigned Contractor, as Principal; and __________________________________ _______________________________________________________________________ a corporation organized and existing under the laws of the State of __________________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Norco and to any and all persons, companies, or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of _________________________________________________ Dollars ($ _________________), said sum being not less than 100 percent of the total amount payable by the said Obligee under the terms of the said Contract, for which payment will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

CA-22
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs, executors, administrators, successors, or assigns, or Subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery, or power used in, upon, for, or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of paid Contractor and his Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the Civil Code, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void.

In addition to the provisions herein above, it is agreed that this bond will insure to the benefit of any and all persons, companies, and corporations entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

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

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

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

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _____day of_______________, 2024.

PRINCIPAL/CONTRACTOR:

_____________________________________

By: __________________________________
SURETY:

_____________________________________

CA-23

By: __________________________________
Attorney-in-Fact
The rate of premium on this bond is ________________________ per thousand.

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

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

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

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

_______________________________

STATE OF CALIFORNIA )
) ss.

COUNTY OF )

CA-24
On this ________ day of _________________, in the year _________, before me, ________________________, a Notary Public in and for said State, personally appeared _____________________________, known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the _____ ___________________ (Surety) and acknowledged to me that he subscribed the name of the _________________________________ (Surety) thereto and his own name as Attorney-in-Fact.

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

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

CA-25

GENERAL LIABILITY ENDORSEMENT

CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5627
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.

CA-26

9. Description of Project:

NORCO MDP LINE N-5 STORM DRAIN PROJECT
The general items of work to be done hereunder consist of:

The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Contract Documents, Specifications and Plans for the above stated project. The general items of work to be done hereunder consist of construction of Riverside County Flood Control and Water Conservation District (RCFC&WCD) Master Drainage Plan Line N-5 located in Third Street from the North Norco Channel west of the Caltrans I-15 FWY Bridge overcrossing easterly to Valley View Avenue, then northeasterly in Valley View Avenue approximately 1,850 feet from the intersection of Third Street, as well as reconstruction of Valley View Avenue from third street to approximately 500 feet south of Fourth Street. Project includes installation of RCP pipe 18”, 24”, 36” and 42” in diameter, catch basins, manholes, junction structures, local depressions, AC Pavement and aggregate base reconstruction, curb and gutter, PCC driveway approaches, reconstruction of the equestrian trail and replacement of water services, and all appurtenant related work to the satisfaction and acceptance of the City Engineer.

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.

CA-27

3. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
(1) Insurance Services Office Form Number GL 0002 (Ed. 1/73), Comprehensive General Liability Insurance and Insurance Services Office form number GL 0404 Broad Form Comprehensive General Liability endorsement; or (2) Insurance Services Office Commercial General Liability Coverage, “Occurrence” Form CG 0001; or
(3) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding Sections (1) and (2).

4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respects to the Company’s limit of liability.

5. PROVISIONS REGARDING THE INSURED’S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City of Norco, its elected or appointed officer, officials, employees, consulting engineers or volunteers.

6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.

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)

CA-28
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: _____________________________________________________

CA-29

AUTOMOBILE LIABILITY ENDORSEMENT

CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5607
A. POLICY INFORMATION Endorsement #_____________________

1. Insurance Company _____________________________________________ Policy Number _____________________

2. Policy Term (From)________________(To) _______________ Endorsement Effective Date ___________

3. Named Insured________________________________________________

4. Address of Named Insured________________________________________

5. Limit of Liability Any One Occurrence/Aggregate
$______________________ /_____________________________________

6. Deductible or Self-Insured Retention
(Nil unless otherwise specified):
$____________________________________________________________ B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:

1. INSURED. The City of Norco, its elected or appointed officers, officials, consulting engineers, employees and volunteers are included as insured with regard to damages and defense of claims arising from: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the City of Norco, its elected or appointed officers, officials, employees, consulting engineers or volunteers.

2. CONTRIBUTION NOT REQUIRED. As respects work performed by the Named Insured for or on behalf of the City of Norco, the insurance afforded by this policy

CA-30
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.

CA-31
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)
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: _____________________________________

CA-32
WORKER’S COMPENSATION/EMPLOYER’S LIABILITY ENDORSEMENT

CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5607
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.

CA-33
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: ____________________________________________________

CA-34
W-9 FORM

CA-35

CA-36

CA-37

City Council

STAFF REPORT
Date: April 17, 2024 Agenda Item:

3.S.

To: Honorable Mayor and City Council Members
From: Amanda Hamilton, Facilities and Maintenance
Director
Prepared By: Amanda Hamilton, Facilities and Maintenance Director
Department: Facilities and Maintenance
SUBJECT:

Acceptance of Contract and Additional Appropriation of Funds for the Moreno Arena Bleacher Replacement Project
RECOMMENDATION:

Award Contract to Herk Edwards Inc. for the procurement of materials, demolition of existing bleachers, and installation of a new 25 row bleacher system for the Moreno Arena Bleacher Replacement Project in the amount of $1,117,162; and approve the additional Measure R appropriation for the project in the amount of $962,000 for an estimated total project cost of $1,562,000.

SUMMARY:

The Moreno Arena Bleacher Repairs were approved as a Capital Improvement Project (CIP) in Fiscal Year 2023-24 in the amount of $600,000. It was subsequently determined that the replacement of the bleachers would be a more cost effective option in the long run. Based on a 25-row bleacher replacement that the City Council has reviewed, an additional appropriation of $962,000 in Measure R funds is needed to fund the full project amount, including the 10% contingency, for an estimated project cost of $1,562,000.

BACKGROUND:

On November 15, 2023, a bleacher workshop was held to inform the Council of the current condition of the Moreno Arena bleacher system along with repair, replacement, and expansion options. At the workshop, the Council requested that staff meet with the Ingalls Event Center's various stakeholder groups to collect valuable information so that the Council could make the best informed decision about the replacement options for the bleacher system.

On March 13, 2024, another bleacher workshop was held to inform the Council of the findings from the three stakeholder group meetings. The Council considered five options and concluded that Option 2, a full replacement of the 25 row bleacher set without the expansion, was the optimal solution. The cost estimate includes the installation of a pony wall to keep water and debris out of the undercarriage of the bleacher system and the installation of a drainage system to reduce flooding.

On March 27, 2024, the Measure R Citizens Oversight Committee reviewed the request for the additional appropriation of funds for the Moreno Arena Bleacher Replacement Project. The Measure R Citizens Oversight Committee voted to recommend City Council to approve the additional funds for the project.

The Herk Edwards, Inc. scope of work includes an Outdoor Aluminum Bleacher System by Sturdisteel Industries, Inc. and will include:

1. Remove and dispose of existing 25 row 132’-0” lower bleacher, stairs and ramp

2. Supply and install new 25 row 132’-0” lower bleacher, stairs, and ramp

3. Galvanized steel support frames, bracing, and posts

4. Clear anodized aluminum seats, risers, mill finish decking and close deck.

5. Guardrails on bleachers at front, back and sides with galvanized chain link fence

6. Stairs at portals and end of front walkway including guardrails and handrails

7. Handicapped ramp at end of front walkway including guardrails and handrails

8. Handicap accessible seating

9. Vertical aisles with mid-rails and contrasting nosing

10.Shop drawings and calculations for bleachers with California Registered Structural Engineer’s Seal
Herk Edwards has a proven performance reputation and they are a local family-owned company based in Torrance, California. Herk Edwards was incorporated in 1964 and serves the Southern California region. They have completed over 9800 Projects with the State of California, local municipalities, colleges, universities, and schools. Herk Edwards Inc. provides quality products from Sturdisteel based out of Waco, Texas.

Sturdisteel was established in 1934 and is an AISC & TSSI Certified Fabricator. They have completed over 10,500 projects since 1934.

With Sturdisteel's proven track record as being an industry leader in custom grandstands and bleacher systems, they are the top choice for facility owners across the United States and Canada. They are a preferred vendor in the industry and their products are recommended for the installation of the new bleacher system at Ingalls Event Center. Herk Edwards Inc. is an exclusive dealer in Southern California for Sturdisteel, therefore this contract is a sole source procurement.

Project Timeline

1. Award of Contract with Herk Edwards.......................................................04/17/24

2. Procurement of Material/ Design/ Plan Review........................04/18/24 - 07/18/24

3. RFP Award of Contract - Civil Improvements............................................08/07/24

4. Demolition of existing bleachers...........................................09/09/24 - 09/30/24

5. Installation of Civil Improvements.............................................10/01/24 - 12/15/24

6. Delivery of Bleacher Materials and Installation.........................01/06/25 - 03/27/25

It is important to note that staff will accommodate for events in Moreno Arena during construction. The arena will have construction fencing surrounding the bleacher area and the majority of the construction will take place during non-event hours. In addition, the moat will be utilized for spectator seating in addition to the small portable bleachers, when needed in an effort to minimize a loss of revenue at the Event Center.

If the award of contract and the additional appropriation is approved, the new 25 row bleacher system would allow for a consistent seating experience, updated standards, and a new structural section that would be free from previous damage. With the addition of the pony wall and drainage system, this would be a fresh start to the new bleacher system that would have an estimated useful life of 40 years.

FISCAL IMPACT:

The Moreno Arena Bleacher Repairs were approved as a Capital Improvement Project (CIP) in Fiscal Year 2023-24 in the amount of $600,000. Measure R fund has an estimated FY 2023-24 fund balance of $3.1 million available to fund the additional appropriation in the amount of $962,000 for an estimated total project cost of $1,562,000.

RELATIONSHIP TO STRATEGIC PLAN:

This item is consistent with Strategic Direction No. 5 Infrastructure and Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.

REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):

Attachment A_ Herk Edwards Contract

1 CONTRACT AGREEMENT

CITY OF NORCO

CITYWIDE FACILITY PAINITNG PROJECT

1. Parties and Date.

This Agreement is made and entered into this 17th 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 Herk Edwards, Inc, a corporation with its principal place of business at 23848 Hawthorne Blvd., Suite 100, Torrance, California 90505 (hereinafter referred to as “Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. Recitals.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provisions of the Moreno Arena Bleacher Replacement Project on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing outdoor aluminum bleacher installation services for public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of the city.

2.2 Project.

The City desires to engage the Contractor to render such services for the Moreno Arena Bleacher Replacement Project (“Project”) as set forth in this Agreement.

3. Terms.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the city all labor, materials, tools, equipment, services, and incidental and customary work necessary to construct the improvements outlined by the Moreno Arena Bleacher Replacement Project. The Project is more particularly described in Exhibit A attached hereto and incorporated herein by reference. The Project shall be subject to, and performed in accordance with this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state, and federal laws, rules and regulations.

3.1.2 Term. The terms of this Agreement shall begin at the Notice to Proceed and shall extend 300 working days. Contractor shall complete the Services

2 within the term of this Agreement and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Project shall be constructed by a Contractor or under its supervision. Contractor will determine the means, methods, and details of constructing the Project subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Any additional personnel constructing the Project under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. The contractor shall pay all wages, salaries, and other amounts due to such personnel in connection with the construction of the Project under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Contractor shall construct the Project expeditiously, within the term of this Agreement, and in accordance with the Project timeframe set forth herein. The contractor represents that it has the professional and technical personnel required to construct the Project in conformance with such conditions.

In order to facilitate Contractor’s conformance with the Project timeframe, City shall respond to Contractor’s Requests for Information in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Project timeframe.

3.2.3 Conformance to Applicable Requirements. All work prepared by the Contractor shall be subject to the approval of the City.

3.2.4 City’s Representative. The City hereby designates the Director of Facilities and Maintenance, 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. The contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.5 Contractor’s Representative. Contractor hereby designates Steve Saunders, President/CEO, or his designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). The contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Project, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Project under this Agreement.

3.2.6 Coordination of Project. The contractor agrees to work closely with City staff in the construction of the Project and shall be available to City’s staff, consultants and other staff at all reasonable times.

3 3.2.7 Standard of Care; Performance of Employees. Contractor shall construct the Project under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. The contractor represents and maintains that it is skilled in the professional calling necessary to construct the Project. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to construct the Project. Finally, Contractor represents that it, its employees, and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to construct the Project, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to construct the Project in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any work on the Project.

3.2.7.1 Period of Performance and Liquidated Damages. Contractor shall perform and complete the Project under this Agreement within the term set forth in Section 3.1.2 above (“Term”). Contractor shall construct the Project in strict accordance with any timeframe provided herein, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Project is not completed within the aforementioned Term and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of $500.00 per working day:

3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules and regulations in any manner affecting the performance of the Project, including all Cal/OSHA requirements, and shall give all notices required by law. The contractor shall be liable for all violations of such laws and regulations in connection with the Project. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify, and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.9 Insurance.

Throughout the life of this Contract, Contractor shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either

4 (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or (ii) as may be authorized in writing by City Manager or his/her designee at any time and in his/her sole discretion. The following policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than the following:
$5,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $10,000,000 aggregate for products and completed operations. $10,000,000 general aggregate
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1 - Any Auto) with limits of liability of not less than $5,000,000 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.

In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).

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

In the event this Contract involves any lead-based environmental hazard (e.g., lead based paint), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for lead based environmental hazards. In the event this Contract involves any asbestos environmental hazard (e.g., asbestos remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for asbestos environmental hazards. In the event this Contract involves any mold environmental

5 hazard (e.g., mold remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for mold environmental hazards and “microbial matter including mold” within the definition of “Pollution” under the policy.

Contractor shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Contractor shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee in his/her sole discretion. At the option of the City Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees and agents; or (ii) Contractor shall provide a financial guarantee, satisfactory to the City Manager or his/her designee in his/her sole discretion, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall 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, the Contractor shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Contractor shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.

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

Claims-Made Policies - If any coverage required is written on a claims-made coverage form:

6 (i) The retroactive date must be shown and must be before the effective date of the Contract or the commencement of work by Contractor. (ii) Insurance must be maintained, and evidence of insurance must be provided for at least 5 years after completion of the work or termination of the Contract, whichever first occurs.
(iii) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Contract, or work commencement date, Contractor must purchase extended reporting period coverage for a minimum of 5 years after completion of the work or termination of the Contract, whichever first occurs. (iv) A copy of the claims reporting requirements must be submitted to City for review.
(v) These requirements shall survive expiration or termination of the Contract.

The contractor shall furnish the City with all certificates(s) and applicable endorsements affecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City’s Risk Manager or his/her designee in his/her sole discretion prior to City’s execution of the Contract and before work commences. Upon request of City, Contractor shall immediately furnish City with a complete copy of any insurance policy required under this Contract, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Contract.

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

The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Contract. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its principals, officers, agents, employees, persons under the supervision of Contractor, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.

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

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

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

3.2.11 Bonds.

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

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

3.2.11.3 Bond Provisions. Should, in the City’s sole opinion, any bond become insufficient, or any surety be found to be unsatisfactory, the Contractor shall renew or replace the affected bond within 10 days of receiving notice from the City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post

8 acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

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

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all construction services rendered under this Agreement at the rates set forth in Exhibit A attached hereto and incorporated herein by reference.

Extra work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed by Contractor. The statement shall describe the number 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. The city shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

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

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by the City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.5 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the

9 payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.

Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Contractor's principal place of business and at the project site. The contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4 Accounting Records.

3.4.1 Maintenance and inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement.

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

3.5 General Provisions.

3.5.1 Termination of Agreement.

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

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

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

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

10 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the follow address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:

Herk Edwards, Inc.
23848 Hawthorne Boulevard, Suite 100
Torrance, California 90505
Attention: Steve Saunders, President/CEO
City:

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

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

3.5.4 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative, or otherwise, arising out of or in connection with this Agreement, the parties shall each bear their owns legal costs and attorney fees in such litigation.

3.5.5 Indemnification. To the furthest extent allowed by law, including California Civil Code section 2782, Contractor shall indemnify, hold harmless and defend City and its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Agreement.

Contractor’s obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers.

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

11 This section shall survive termination or expiration of this Agreement.

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

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

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

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

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

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

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

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

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

12 3.5.15 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

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

3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. The contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

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

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

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

3.6 Subcontracting.

3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without

13 prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

Herk Edwards, Inc.
*By:
________________________________________________
Signature
________________________________________________
Name and Title
OWNER: CITY OF NORCO, a municipal corporation
*By:
________________________________________________
Kevin Bash, Mayor
ATTEST:
________________________________________________
Dana Roa, City Clerk
APPROVED AS TO FORM:
________________________________________________
Harper & Burns, LLP, City Attorney

14 EXHIBIT A

MORENO ARENA BLEACHER REPLACEMENT PROJECT
The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Contract Documents for the above stated project. The general items of work to be done hereunder consist of the procurement of materials, demolition of the existing bleacher set, and the installation of the new 25 row bleacher set at Ingalls Event Center (3737 Crestview Drive, Norco, Ca 92860).

Scope of Work: Outdoor Aluminum Bleachers Repair by Sturdisteel Industries, Inc., as follows:
1). Remove and dispose of existing 25 row 132’-0” lower bleacher, stairs and ramp. 2). Supply and install new 25 row 132’-0” lower bleacher, stairs, and ramp 3). Galvanized steel support frames, bracing, and posts 4). Clear Anodized aluminum seats, risers and mill finish decking. Closed Deck. 5). Guardrails on bleachers at front, back and sides with galvanized chain link fence attached.
6). Stairs at portals and end of front walkway including guardrails and handrails. 7). Handicapped ramp at end of front walkway including guardrails and handrails. 8). Handicap accessible seats.
9). Vertical aisles with mid-rails and contrasting nosing. 10). Shop drawings and calculations for bleachers with California Registered Structural Engineer’s Seal.

Furnished and Installed………………………………………………………….$ 1,117,162 Project Timeline
Award of Contract with Herk Edwards………………………...………………….. 4/17/24 Procurement of Material/ Design/ Plan Review……………..…………4/18/24 - 7/18/24 Demolition of existing bleachers……………………….……….………...9/9/24 - 9/30/24 Delivery of Bleacher Materials and Installation………………..………..1/6/25 - 3/27/25

Serving California since 1964
HEI is a California DGS SB & SB-PW and LAUSD SBE Certified Company 23848 Hawthorne Blvd. Suite 100 Torrance, California 90505 Phone: (310) 373-0543 Email: [email protected] Web: www.herkedwards.com CA Lic 232760 DIR 1000001262

SCOPE OF WORK/QUOTATION

To: City of Norco March 24, 2023
Project: George Ingalls Equestrian **REVISED April, 8, 2024 ATTN: Todd Shank
REF: Outdoor Spectator Seating – Complete 25 Row Replacement We are pleased to submit this quotation covering Section(s) Outdoor Aluminum Bleachers in accordance with Sturdisteel’s standard design and specifications per attached drawings A1 – A4 & AF1.

Scope of Work: Outdoor Aluminum Bleachers Repair by Sturdisteel Industries, Inc., as follows.

INCLUDED:
1). Remove and dispose of existing 25 row 132’-0” lower bleacher, stairs and ramp.*** 2). Supply and install new 25 row 132’-0” lower bleacher, stairs, and ramp 3). Galvanized steel support frames, bracing, and posts 4). Clear Anodized aluminum seats, risers and mill finish decking. Closed Deck. 5). Guardrails on bleachers at front, back and sides with galvanized chain link fence attached. 6). Stairs at portals and end of front walkway including guardrails and handrails. 7). Handicapped ramp at end of front walkway including guardrails and handrails. 8). Handicap accessible seats.
9). Vertical aisles with mid-rails and contrasting nosing. 10). Shop drawings and calculations for bleachers with California Registered Structural Engineer’s Seal.

Furnished and Installed, ... $ 1,117,162.00 .

Clarifications/Exceptions/Exclusions:
• ***Removal and disposal means we assume ownership of all materials upon execution. We will recycle as much material as possible and have factored this into a reduction of our overall labor costs. • Exclude site demolition other than described as Included, preparation or reconditioning. • Exclude any concrete or embedded items. Additional Concrete curb placement at front of existing slab required, and is by others.
• Exclude bonds, permits, submittal fees for DSA, allowances, or on-site testing fees. • Erection and installation of items based on Prevailing Wage. • Due to supply chain, labor and current backlog, materials would not be available until after 10/1/24. Allow 8 weeks total onsite field labor duration.

If you have any questions or need additional information regarding this quotation, please feel free to reach out to me at your earliest convenience.

Steve Saunders
Steve Saunders
HERK EDWARDS, INC.

Serving California since 1964
23848 Hawthorne Blvd. Suite 100 Torrance, California 90505 Phone: (310) 373-0543 Email: [email protected] Web: www.herkedwards.com CA Lic 232760 DIR 1000001262

SCOPE OF WORK/QUOTATION

ATTACHMENT A

To: City of Norco March 24, 2023
Project: George Ingalls Equestrian
ATTN: Todd Shank
REF: Outdoor Spectator Seating Repair
Terms & Conditions:

1. Prices quoted are valid for a period of 30 days from the date of quotation or bid, and are based on shipment of the materials not later than 12/1/2024 . Escalation shall be added at a rate not to exceed .75% per month (or portion thereof) for shipment thereafter, based on material costs, labor rates and fuel costs/surcharges in effect at time of expiration.

2. Submittals to be 45-60 days from receipt of contract documents, plans and specifications, or, 35 days from receipt of electronic plan files in AutoCAD or similar industry-standard file format. Prime contractors shall waive any contractual requirements for submittals in less than 60 calendar days for submittals based on hard copy plans and specifications.

3. Herk Edwards, Inc. does not perform any onsite work and is not signatory to any labor agreements. All on site labor shall be performed by a lower tier subcontractor and unless otherwise noted, prices quoted include installation labor based on current Prevailing Wage or, Union (or PSA) rates.

4. The cost of any required bonds is not included in this proposal. If Performance and Payment bonds are required, add 1% to quote price(s).

5. Insurance coverage to be HEI's standard General Liability ($2,000,000 aggregate), Excess Liability ($4,000,000 aggregate) and Worker's Compensation. Any required coverage in excess of these amounts, if obtainable, will be provided at additional cost. Additional Insured forms CG2010 and CG2037 (only) will be provided if required by the contract. Any requirement to add the Architect as additional insured is excluded. Any requirement to provide Professional Liability or Errors and Omissions insurance is excluded.

6. Shipment of equipment shall be approximately 180 calendar days after receipt of approved shop drawings, color selections and verification of field dimensions (or Prime Contractor's/Owner's release in lieu thereof). Equipment, including “Deferred Approval” items will be manufactured and shipped on a “just-in-time” basis in accordance with the Prime Contractor’s construction schedule. Production schedules for equipment quoted are locked 75 calendar days prior to the ship date established to meet the Prime Contractor’s on-site construction schedule. Should the Prime Contractor alter the schedule within the 75-day production window, or, should the site not be ready to accept installation of the equipment for any reason whatsoever, or, should equipment not be approved for installation at scheduled time of shipment, the Prime Contractor shall be responsible for unloading and storage of materials into a secure, dry location in, or adjacent to, the work area, or, for all handling and storage costs associated with unloading and/or storage of materials elsewhere.

7. Payment terms shall be Net 30 days from the date progress billings are submitted, provided all billing paperwork has been correctly submitted as required by the Subcontract Agreement or Purchase Order/Agreement.

8. This offer is based on contractual terms and conditions as set forth in the project contact documents. Additional terms and conditions and/or third party contracts are specifically excluded, or, are subject to review and acceptance by Herk Edwards, Inc. and may be subject to additional cost.

Steve Saunders
Steve Saunders
HERK EDWARDS, INC.

City Council

STAFF REPORT
Date: April 17, 2024 Agenda Item:

5.A.

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

Second Reading: Ordinance to Amend Chapter 2.27 of the Municipal Code, Section

2.27.030 Appointment of Members to the Veterans Commission.

RECOMMENDATION:

Adopt Second Reading: Ordinance No. 1112 to Amend Chapter 2.27 of the Municipal Code, adding language to Section 2.27.030 Appointment of Members to the Veterans Commission.

SUMMARY:

Mayor Bash at the March 20, 2024 City Council Meeting requested that the Municipal Code be revised to include past Veteran's Committee Members on the Newly Established Veteran's Commission bringing the total to 15 members.

BACKGROUND:

The George A. Ingalls Veterans Memorial Executive Committee (GIVMEC) was originally formed to support the establishment and operations of the George A. Ingalls Veterans Memorial Plaza. At the March 1, 2023 City Council meeting, Councilmember Bash asked that a discussion be agendized concerning elevating the GIVMEC to the status of an official City Commission. Following three meeting discussions, at the June 21, 2023, City Council Meeting, Ordinance 1095 was adopted establishing the Veterans Commission.

At the City Council meeting March 20, 2024, Mayor Bash asked that Ordinance 1095 be amended to include past member Richard Hallam. Mr. Hallam was a past member of the Veterans Committee and was not on the current list of members when City Council appointed the newly established Veterans Commission Members. The Ordinance stated, "Following the effective date of this ordinance, all the members of the existing George A. Ingalls Veterans Executive Committee as of the effective date of the Ordinance shall automatically be appointed to serve on the Commission." It did not

specify any "past" members. Staff has added the following in red to include past members.

Section 2.27.030 Appointment of Members.

The City Council shall appoint Commission members, including the two representatives of the City Council. Following the effective date of this ordinance, all the current members of the existing any person who served on the former George A. Ingalls Veterans Executive Committee as of the effective date of the ordinance shall automatically be appointed to serve on the Commission.

After this initial formation of the Commission, and as the original members’ terms expire or original members otherwise leave the Commission, the Council shall appoint individuals to the Commission using the procedures determined by the City Council.

The Commission shall consist of not fewer than nine (9) members. Any member who forfeits their current seat on the Commission must reapply to be reappointed.

Staff is asking for approval of the Ordinance Amendment.

FISCAL IMPACT:

Not applicable for this item.

RELATIONSHIP TO STRATEGIC PLAN:

The establishment of the Veterans Memorial Executive Commission supports Strategic Direction #4 - Communication and Stakeholder Experience: Enhance the stakeholder experience, engage the community, and build brand awareness through proactive, effective and consistent communication.

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):

Ordinance No 1112_Establish Veterans Commission Second Reading

ORDINANCE NO. 1112

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, AMENDING CHAPTER 2.27 “VETERANS COMMISSION” SECTION 2.27.030 APPOINTMENT OF MEMBERS TO THE NORCO
MUNICIPAL CODE. CODE AMENDMENT 2024-02
WHEREAS, on March 20, 2024, the City Council requested a discussion about amending the Appointment of Members establishing the Veterans Commission; and WHEREAS, on March 20, 2024, the City Council directed the City Manager to return to a future City Council meeting with an amended Ordinance to include in Section

2.27.030 Appointment of Members to include language for the appointment of past George A. Ingalls Veterans Memorial Executive Committee members; and WHEREAS, the Code Amendment was scheduled for City Council review on April 3, 2024, on or about 7:00 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California, 92860.

NOW, THEREFORE, the City Council of the City of Norco, California, does hereby ordain as follows:

SECTION 1: Norco Municipal Code Chapter 2.27 “Veterans Commission” is hereby added to read as follows:

Chapter 2.27

VETERANS COMMISSION
Sections:

2.27.001 Purpose

2.27.010 Established—Number of Members

2.27.020 Terms of Office

2.27.030 Appointment of Members

2.27.040 Requirements for Membership

2.27.050 Vacancies

2.27.060 Removal from Office

2.27.070 Organization

2.27.080 Conduct of Meetings

2.27.090 Duties—Limitations on Authority

2.27.110 Records
Section 2.27.001 Purpose.

The purpose of this title is to protect, maintain, and promote the George A. Ingalls Veterans Memorial Plaza and the interests of the Norco veterans’ community.

Section 2.27.010 Established—Number of Members.

There is established for the City a Veterans Commission of two members of the City Council and at least nine (9) members appointed from the community. At least seven (7) of the members must be honorably discharged veterans. Page 606 of 628 Ordinance No. 1112 Amend Chapter 2.27, establishing Veterans Commission

April 17, 2024
Section 2.27.020 Terms of Office.

The initial members from the Community shall serve either two- or four-year staggered terms, as determined by random drawing. Thereafter, appointments will be made for 4- year terms. Terms will end on July 1 or until a qualified successor is appointed and seated.

The City Clerk shall keep a record of dates of appointments and the terms of office of the members. Terms will be staggered every two years to provide continuity on the C ommission.

Members of the City Council shall be appointed by the City Council upon the recommendation of the Mayor.

Section 2.27.030 Appointment of Members.

The City Council shall appoint Commission members, including the two representatives of the City Council. Following the effective date of this ordinance, all the current members of the existing any person who served on the former George A. Ingalls Veterans Executive Committee as of the effective date of the ordinance shall automatically be appointed to serve on the Commission.

After this initial formation of the Commission, and as the original members’ terms expire or original members otherwise leave the Commission, the Council shall appoint individuals to the Commission using the procedures determined by the City Council. The Commission shall consist of not fewer than nine (9) members. Any member who forfeits their current seat on the Commission must reapply to be reappointed.

Section 2.27.040 Requirements for Membership.

All community members of the Veterans Commission shall be committed to representing Norco’s veteran’s community and shall meet the following requirements:

A. Be at least eighteen years of age.

B. Be a citizen of the United States.

C. All Veterans on the commission must be honorably discharged.

D. Be a legal resident of Norco, be a stakeholder of the Veterans’ Memorial or the veterans’ community as determined by the City Council.

E. Have taken and filed with the City Clerk the oath required by Section 36507 of the Government Code.

F. Have never been convicted of a felony.

Section 2.27.050 Vacancies.

Persons appointed to fill a vacancy shall serve only for the unexpired term of the member whose vacancy they fill. No vacancies may be filled until or unless the Commission will be left with fewer than nine (9) members.

Section 2.27.060 Removal from Office.

Members of the Commission shall be removed from office or have their office declared vacant in the following manner and for any one of the following reasons:

A. Failure to meet any one of the requirements for membership in Section 2.27.040, at which time the removal shall be automatic and no action by the City Council shall be necessary.

Ordinance No. 1112 Amend Chapter 2.27, establishing Veterans Commission

April 17, 2024
B. By a majority vote of the entire City Council.

C. Absence at three successive regular meetings without cause, or five meetings total in a 12-month period regardless of cause, at which time the secretary of the Commission shall immediately inform the City Council of such vacancy. A written notice to the secretary of the Commission on or before the day of the meeting stating there was an unavoidable absence or an absence due to illness shall be deemed an absence for cause.

D. At the end of the member’s term of office, in which case the removal shall be automatic, and no action of the City Council is necessary, although the Commission Member shall continue to serve until the successor’s appointment.

Section 2.27.070 Organization.

The Commission shall elect a Chair and Vice Chair at its first meeting in July of each year.

Section 2.27.080 Conduct of Meetings.

The Commission shall hold not less than one regular meeting each quarter, such meetings’ schedules, and times to be established by the Commission. Adjourned and special meetings may be called, noticed, and held in the manner established by Section 54956 of the California Government Code.

All meetings of the Commission shall be open and public, and a majority of the membership shall constitute a quorum for the transaction of business. A public record (minutes) shall be prepared, indicating all actions, findings, and determinations of the Commission. A written agenda shall be prepared and distributed to Commission Members in advance of all regular meetings. Rules of conduct of the meetings shall be determined by the Commission but shall be in accordance with those rules adopted for the conduct of City Council meetings. The Commission constitutes a “legislative body” as described in the California Government Code.

Section 2.27.090 Duties—Limitations on Authority.

The duties of the Commission shall be to review and make recommendations to the City Council and the professional staff concerning the protection and promotion the George Alan Ingalls Veterans Memorial Plaza and the interests of the Norco veteran community.

The Commission shall provide the City Council with proposals on new concepts, improvements, maintenance, priorities, and events. The Commission shall undertake any other action or activity directed by the City Council.

Section 2.27.110 Records.

The Veterans Commission shall keep complete minutes, books, and accounts of its meetings on file in the City Clerk’s Office.

SECTION 2 - EFFECTIVE DATE: This Ordinance shall become effective thirty (30) days after final passage thereof.

SECTION 3 – SEVERABILITY: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the Page 608 of 628 Ordinance No. 1112 Amend Chapter 2.27, establishing Veterans Commission

April 17, 2024
decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, and phrase hereof irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, or phrases hereof be declared invalid or unconstitutional.

SECTION 4 – POSTING: The Mayor shall sign this Ordinance and the City Clerk shall attest thereto and shall cause the same within fifteen (15) days of its passage to be posted at no less than five (5) public places within the City of Norco.

PASSED and ADOPTED by the City Council of the City of Norco, California, at a regular meeting on April 17, 2024.
________________________
Kevin Bash, Mayor City of
Norco, California
ATTEST:
_____________________
Dana Roa, CMC, City Clerk
City of Norco, California

Ordinance No. 1112 Amend Chapter 2.27, establishing Veterans Commission

April 17, 2024
I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Norco, California, duly held on April 3, 2024, , and thereafter at a regular meeting of said City Council duly held on April 17, 2024, it was duly passed and adopted by the following roll call vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, April 17, 2024.
_________________________
Dana Roa, CMC, City Clerk
City of Norco, California

City Council

STAFF REPORT
Date: April 17, 2024 Agenda Item:

6.A.

To: Honorable Mayor and City Council Members
From: Alma Robles, Community Development Director
Prepared By: Alma Robles, Community Development Director Department: Planning
SUBJECT:

Zone Code Amendment 2024-02 (City of Norco): A City initiated amendment to Title 18, Chapter 18.13 (A-1 Zone Agricultural Low Density), and Title 18, Chapter 18.30 (General Provisions – Miscellaneous) adding Farmworker Housing as a permitted use and establishing Farmworker Housing development standards as required in the City’s certified Housing Element.

RECOMMENDATION:

Adopt Ordinance No. 1114, approving Zone Code Amendment 2024-02.

SUMMARY:

Zone Code Amendment 2024-02 is a city-initiated amendment adding Farmworker Housing as a permitted use in the A-1 zone. This Zone Code Amendment is pursuant to the list of actions that the City of Norco committed to as part of the City’s Housing Element, which was certified by the state in 2022. This item was previously reviewed by the Planning Commission, which recommended approval.

BACKGROUND:

On October 13, 2022, the California Department of Housing and Community Development certified Norco’s 6th Cycle (2021-2029) Housing Element. As part of this Housing Element, the City committed to the implementation of various housing programs (categorized as “Actions”) designed to accommodate housing construction.

Action 2.8 pertains to updating the Zoning Code to allow farmworker housing as an allowed use in areas that allow agricultural use to comply with California Health and Safety Code Section (HSC) Section 17021.6.

The purpose of this zone code amendment is to promote the development of, and to establish development standards for, farmworker housing consistent with state law.

Farmworker housing per State law requires that a City allow up to 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household. As

such, it is prudent that the use be accompanied by development standards that are objective, to reduce the impacts in the designated zone.

The subject Zone Code Amendment proposes to add farmworker housing in the A-1 zone as a permitted use, pursuant to the California Health and Safety Code, and subject to the requirements of Chapter 18.30. which will also be amended to include development standards.

Norco Municipal Code Chapter 18.13 (A-1 Zone), Section 18.13.06 is proposed to be amended by adding the following subsection:

N. Farmworker/Agricultural Employee Housing, pursuant to California Health and Safety Code Section 17021.6, and subject to the standards in Chapter 18.30 (General Provision Miscellaneous), Section 18.30.49 (Farmworker/Agricultural Employee Housing Development Standards).

Norco Municipal Code Chapter 18.30 (General Provisions – Miscellaneous) is proposed to be amended by adding the following Section:

18.30.49 Farmworker/Agricultural Housing Development Standards pursuant to California Health and Safety Code Section 17021.6
Health and Safety Code section 17000, et seq., known as the Employee Housing Act, includes regulations that require local jurisdictions to allow the development and use of employee housing. The purpose of this Section is to promote the development of, and to establish development standards for, farmworker housing consistent with state law. If any provision in this Chapter conflicts with the mandates of the Employee Housing Act as it relates to employee housing, the provisions of the Employee Housing Act shall govern.

A. All agricultural employee housing shall comply with the setback, building lot coverage, height, and other development standards applicable to the underlying zone in which it is located, and the following development standards, unless otherwise indicated in this Section:

B. For the purposes of this Section, “agricultural employees” shall have the same meaning as defined in Section 1140.4(b) of the Labor Code, as may be amended, which includes those engaged in “agriculture” as such term is defined in Section 1140.4(a) of the Labor Code. Pursuant to Labor Code section 1140.4(a), “agriculture” means farming in all its branches, including the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities (including commodities defined as agricultural commodities in Section 1141j(g) of Title 12 of the United States Code), the raising of livestock, bees, furbearing animals, or poultry, and any practices (including any forestry or lumbering operations) performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market and delivery to storage or to market or to carriers for transportation to market.

C. Agricultural employee housing may be developed and maintained for the purpose of providing permanent, seasonal or temporary employee housing.

D. Agricultural employee housing shall consist of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household, or that is approved pursuant to Section 17021.8 of the Health and Safety Code, shall not be deemed a land use under this Chapter that implies that such housing is an activity that differs in any other way from an agricultural land use.

E. Agricultural employee housing that meets the criteria specified in Health and Safety Code Section 17021.8, as may be amended, shall be subject to review and approval by the Planning Division via a Business License and the building permit process.

F. Agricultural employee housing shall comply with the general requirements set forth below:
(1) New agricultural worker housing shall not be located on land classified as “Prime” or “Statewide” Importance by the California Department of Conservation Important Farmland Inventory, unless no other feasible alternative location exists on-site.
(2) Agricultural worker housing shall not be located on areas utilized for active crop production on the parcel.
(3) New agricultural worker housing shall be clustered together, if feasible, and sited near existing road and other structures to reduce grading, landform alteration, the need for construction of new roads, and potential impacts to agricultural soils and operations.
(4) New exterior lighting for agricultural worker housing shall be of a low profile and limited to security needs only (and incompliance with Section 18.30.48 - "Residential Lighting Standards"); all exterior lights shall be directed downward and fully shielded from streets and any off-site residences.

G. Agricultural employee housing designed as housing complexes shall meet the following development standards:
(1) Minimum Parcel Size: A farmworker housing complex is allowed on a parcel with a minimum parcel size of five acres.
(2) Units in a farmworker housing complex may include studios, one-, two- or three-bedrooms.
(3) A farmworker housing complex shall be prohibited in any location designated as a Very High Fire Hazard Severity Zone.
(4) Open Space Requirements: Recreational facilities and open space shall be provided for the benefit and recreational use of the residents in accordance with the following standards:
(a) The development shall be landscaped pursuant to Chapter 18.55 (Water Efficient Landscaping) and pursuant to the following:

(1) No land use may be inaugurated, or structure occupied, until a final inspection has been completed verifying that the landscape area has been installed as required by the approved entitlement. (2) All existing invasive and watch list species as inventoried by the California Invasive Plant Council shall be properly disposed of and removed from the landscape area before the installation of the approved landscaping.
(3) Landscaping installed within a Hazardous Fire Area, Wildland Urban Interface Zone, or Fire Hazard Severity Zone shall be subject to all applicable Riverside County Fire Protection landscaping requirements.
(4) Landscape Design Elements
(i) Vines, shrubs, and on-site trees shall be used to visually soften and deter graffiti on walls and fences. Vines shall not be used where they will cause structural damage to walls or obstruct traffic safety sight area when adjacent to a roadway or driveway. Shrubs shall be installed a minimum size of five gallons.
(ii) Plants shall be grouped according to hydrozones and other environmental conditions (soil, slope, sun exposure) that are appropriate for their survival.
(iii) On-site trees visible from the street shall be planted at a minimum 36 inch box. All other trees shall be planted at a minimum of 24 inch box or 15 gallon. Trees shall be planted in all parkway areas between curbs and horse trail for review and approval by the Public Works Division, who shall also
determine the size of trees per the approved City standard. (iv) Trees and shrubs shall be planted so that at maturity they do not interfere with service lines, sewer lines or on-site wastewater treatment system areas, traffic safety sight areas, public works facilities and rights of way, or safety lighting. (v). Landscape areas shall include permanent irrigation systems.
(vii) Landscaping shall be maintained by the permittee
according to the approved landscape plan and any permit conditions for the life of the permitted land use.
(b) All recreational areas and landscaping shall be installed prior to occupancy of the final unit within the complex. Landscaped areas shall be maintained. (c) Outdoor Common Area:

(1) At least 20 percent of the area set aside for housing shall be outdoor common area.
(2) At least 50 percent of the area designated as outdoor common area shall be comprised of land with slopes of ten percent or less. (3) Agricultural worker housing shall include recreational areas developed for use with activities such as for baseball, basketball, soccer or horseshoes. Farmworker housing complexes intended for families shall also include children's play equipment.
(4) Permittee shall be responsible for the maintenance of all outdoor common areas.
(d) Outdoor Private Area: Outdoor private area shall be provided for each unit in the development in the form of outdoor patios, decks and/or balconies and shall be directly and exclusively accessed by the unit it is intended to serve. (1) Ground Floor Units: Private outdoor areas must be at least 80 square feet per unit and all dimensions must be at least 8 feet. (2) Upper-Level Units: Private outdoor areas shall be provided as balconies or loggias, and must be at least 40 square feet per unit, with a minimum 5-foot depth dimension.

H. Agricultural employee housing designed as group quarters shall meet the following development standards:
(1). Farmworker group quarter facilities are a group of structures, or a single structure in the form of single room occupancy, dormitories, boarding houses, barracks or bunkhouses, consisting of either individual or shared facilities for the purpose of providing housing or services for farmworkers. These facilities are generally designed as a combination of sleeping rooms or bunk beds and may include a shared kitchen, mess hall and bathroom facility. This type of agricultural worker housing is designed for, and may only be occupied by, individual farmworkers and not their families; and may, but is not required to, be owned or managed by an entity or organization. Farmworker group quarters are subject to the following additional standards:
(a) Minimum lot size: Farmworker group quarters shall be located on lots with a minimum area of five acres.
(b). Minimum unit size: For dormitory-style housing, a minimum of 50 gross square feet of personal living space shall be required for each occupant.
(c). Setbacks: Farmworker group quarters shall adhere to the setbacks of the underlying zone.

(d) Open Space Requirements: Recreational facilities and open space shall be provided for the benefit and recreational use of the residents in accordance with the standards listed in G (4)(a), (b) and (c) above. (e) Accessory Uses and Structures: The following accessory uses and structures are allowed for farmworker group quarter facilities if specifically authorized by the Planning Director-approved Architectural Review Permit. Such accessory uses and structures must be located either in a single community building or in a permitted location outdoors, and such uses and structures may not be used by the general public:
(1) Food service for residents of the group quarters, which may include kitchen facilities and a dining hall;
(2) Laundry facilities for residents of the group quarters; (3) Enclosed storage facilities for each resident or dwelling unit; (4) Facilities primarily used to provide residents of the group quarters with information regarding and referral to employment, social and community, education, health and other services.

I. Agricultural employee housing may, but is not required to, be developed or provided by the employer, or located on the same lot where the qualifying agricultural work is being performed.

J Within 30 days after obtaining the appropriate permit from the California Department of Housing and Community Development (HCD) to operate the agricultural employee housing, and thereafter on an annual basis, the applicant shall submit evidence that the HCD permit for the agricultural employee housing is current and valid.

K. Deed Restriction: Within 30 days after receiving approval for permanent or seasonal employee housing from the Planning Division, and before issuance of the building final, the applicant shall record with the County Recorder, a deed restriction in a form approved by the County that runs with the land on which the agricultural employee housing is located declaring that:
(1) The agricultural employee housing will continuously be maintained in compliance with this Section 18.30.49 and all other applicable sections of the Norco Municipal Code; and
(2) The applicant will obtain and maintain, for as long as the agricultural employee housing is operated, the appropriate permit(s) from HCD pursuant to the Employee Housing Act and the regulations promulgated thereunder. (3) The deed restriction shall not be amended, released, terminated, or removed from the property without the prior written consent of the City. In the event the agricultural employee housing use is terminated and/or structures are removed in accordance with this Chapter and other applicable law as confirmed in writing by the Planning Director, the deed restriction that accompanies the development shall be released and removed from the property.

L. Signed affidavit for temporary employee housing: Within 30 days after receiving approval for temporary employee housing from the Planning Division, the applicant shall submit a signed affidavit, in a form approved by the City, affirming that:
(1) The agricultural employee housing will only be used as temporary employee housing; and
(2) The applicant will obtain and maintain, for as long as the temporary employee housing is operated, the appropriate permit(s) from HCD pursuant to the Employee Housing Act and the regulations promulgated thereunder.

PLANNING COMMISSION: The proposed Zone Code Amendment was brought before the Planning Commission during its regular meeting on March 12, 2024. The Planning Commission voted unanimously to recommend that the City Council approve Zone Code Amendment as proposed.

IMPACT ANALYSIS PER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA): In accordance with the California Environmental Quality Act (“CEQA”), the proposed Zone Code Amendment has been deemed exempt from environmental review as there is no possibility that the proposed change would have a significant impact on the environment pursuant to State CEQA Guidelines Section 15061(b)(3). It can be seen with certainty that there is no possibility that the adoption and implementation of the subject amendment will have a significant effect on the environment. Staff is recommending that a Notice of Exemption be prepared and be filed in accordance with CEQA Guidelines.

FISCAL IMPACT:

Not applicable for this item.

RELATIONSHIP TO STRATEGIC PLAN:

This item is consistent with Strategic Plan Direction No. 3 - Economic Development and Financial Stability: Assure financial stability by expanding development efforts, diversifying revenue sources and continuing prudent financial management.

REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):

6.A. ORDINANCE NO. 1114 for Zone Code Amendment 2024-02

ORDINANCE NO. 1114

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, APPROVING ZONE CODE AMENDMENT 2024-02: A CITY INITIATED AMENDMENT TO TITLE 18, CHAPTER 18.13 (A-1 ZONE AGRICULTURAL LOW DENSITY), AND CHAPTER 18.30 (GENERAL
PROVISIONS – MISCELLANEOUS) ADDING FARMWORKER HOUSING AS

A PERMITTED USE AND ESTABLISHING FARMWORKER HOUSING
DEVELOPMENT STANDARDS AS REQUIRED IN THE CITY’S CERTIFIED HOUSING ELEMENT.

WHEREAS, the Zone Code Amendment was duly submitted to said City’s Planning Commission for decision at a public hearing for which proper notice was given; and WHEREAS, the Zone Code Amendment was scheduled for public hearing on March 13, 2024 on or about 7 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California 92860; and
WHEREAS, at the time set, the Planning Commission held a public hearing and received both oral and written testimony pertaining to the Zone Code Amendment; and WHEREAS, the Planning Commission adopted Resolution 2024-03, recommending approval of Zone Code Amendment 2024-02 to the City Council; and WHEREAS, the Zone Code Amendment was duly submitted to said City’s City Council for decision at a public hearing for which proper notice was given; and WHEREAS, the Zone Code Amendment was scheduled for public hearing on April 17, 2024 on or about 7 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California 92860; and
WHEREAS, at the time set, the City Council held a public hearing and received both oral and written testimony pertaining to the Zone Code Amendment; and WHEREAS, the City of Norco acting as the Lead Agency has determined that this project is exempt from review under the California Environmental Quality Act (CEQA). Pursuant to CEQA Guidelines (California Code of Regulations, §§ 15000 et seq.) Section 15061(b)(3), it can be seen with certainty that there is no possibility that the adoption and implementation of the subject amendment will have a significant effect on the environment.

NOW, THEREFORE, the City Council of the City of Norco does hereby recommend to the City Council the following FINDINGS AND DETERMINATIONS:

I. FINDINGS.

Zone Code Amendment 2024-02, Ordinance No. 1114
May 1, 2024

A. The proposed Zone Code Amendment is necessary as it updates the City’s Zoning Code as required by the ongoing implementation of the City’s certified Housing Element.

B. The proposed Zone Code Amendment is necessary to ensure and maintain orderly development of land uses consistent with the objectives, policies, general land uses, programs, and actions of the City of Norco General Plan. The amendments do not conflict with current General Plan policies, objectives or programs of the General Plan.

C. The proposed Zone Code Amendment will not be detrimental to the public convenience, health, safety, or general welfare of the City, as the amendments ensure that the City’s zoning code are consistent with the City’s certified Housing Element and with state law.

D. This project is exempt from review under the California Environmental Quality Act (CEQA). Pursuant to CEQA Guidelines (California Code of Regulations, §§ 15000 et seq.) Section 15061(b)(3), as it can be seen with certainty that there is no possibility that the adoption and implementation of the subject amendment will have a significant effect on the environment.

II. DETERMINATION:

NOW THEREFORE, the City Council for the City of Norco, California, does hereby approve as follows:

SECTION 1:

Title 18 of the Norco Municipal Code, Chapter 18.13 (A-1 Zone Agricultural Low Density), and Chapter 18.30 (General Provisions - Miscellaneous) is hereby amended to read as follows:

Chapter 18.13 (A-1 Zone), Section 18.13.06 shall be amended by adding the following subsection:

N. Farmworker/Agricultural Employee Housing, pursuant to California Health and Safety Code Section 17021.6, and subject to the standards in Chapter 18.30 (General Provision Miscellaneous), Section 18.30.49 (Farmworker/Agricultural Employee Housing Development Standards).

Chapter 18.30 (General Provisions – Miscellaneous) shall be amended by adding the following Section:

18.30.49 Farmworker/Agricultural Housing Development Standards pursuant to California Health and Safety Code Section 17021.6

Zone Code Amendment 2024-02, Ordinance No. 1114
May 1, 2024

Health and Safety Code section 17000, et seq., known as the Employee Housing Act, includes regulations that require local jurisdictions to allow the development and use of employee housing. The purpose of this Section is to promote the development of, and to establish development standards for, farmworker housing consistent with state law. If any provision in this Chapter conflicts with the mandates of the Employee Housing Act as it relates to employee housing, the provisions of the Employee Housing Act shall govern.

A. All agricultural employee housing shall comply with the setback, building lot coverage, height, and other development standards applicable to the underlying zone in which it is located, and the following development standards, unless otherwise indicated in this Section:

B. For the purposes of this Section, “agricultural employees” shall have the same meaning as defined in Section 1140.4(b) of the Labor Code, as may be amended, which includes those engaged in “agriculture” as such term is defined in Section 1140.4(a) of the Labor Code. Pursuant to Labor Code section 1140.4(a), “agriculture” means farming in all its branches, including the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities (including commodities defined as agricultural commodities in Section 1141j(g) of Title 12 of the United States Code), the raising of livestock, bees, furbearing animals, or poultry, and any practices (including any forestry or lumbering operations) performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market and delivery to storage or to market or to carriers for transportation to market.

C. Agricultural employee housing may be developed and maintained for the purpose of providing permanent, seasonal or temporary employee housing.

D. Agricultural employee housing shall consist of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household, or that is approved pursuant to Section 17021.8 of the Health and Safety Code, shall not be deemed a land use under this Chapter that implies that such housing is an activity that differs in any other way from an agricultural land use.

E. Agricultural employee housing that meets the criteria specified in Health and Safety Code Section 17021.8, as may be amended, shall be subject to review and approval by the Planning Division via a Business License and the building permit process.

F. Agricultural employee housing shall comply with the general requirements set forth below:

Zone Code Amendment 2024-02, Ordinance No. 1114
May 1, 2024

(1) New agricultural worker housing shall not be located on land classified as “Prime” or “Statewide” Importance by the California Department of Conservation Important Farmland Inventory, unless no other feasible alternative location exists on-site. (2) Agricultural worker housing shall not be located on areas utilized for active crop production on the parcel.
(3) New agricultural worker housing shall be clustered together, if feasible, and sited near existing road and other structures to reduce grading, landform alteration, the need for construction of new roads, and potential impacts to agricultural soils and operations.
(4) New exterior lighting for agricultural worker housing shall be of a low profile and limited to security needs only (and incompliance with Section 18.30.48 - "Residential Lighting Standards); all exterior lights shall be directed downward and fully shielded from streets and any off-site residences.

G. Agricultural employee housing designed as housing complexes shall meet the following development standards:
(1) Minimum Parcel Size: A farmworker housing complex is allowed on a parcel with a minimum parcel size of five acres.
(2) Units in a farmworker housing complex may include studios, one-, two- or threebedrooms. (3) A farmworker housing complex shall be prohibited in any location designated as a Very High Fire Hazard Severity Zone.
(4) Open Space Requirements: Recreational facilities and open space shall be provided for the benefit and recreational use of the residents in accordance with the following standards:
(a) The development shall be landscaped pursuant to Chapter 18.55 (Water Efficient Landscaping) and pursuant to the following:
(1) No land use may be inaugurated, or structure occupied, until a final inspection has been completed verifying that the landscape area has been installed as required by the approved entitlement.
(2) All existing invasive and watch list species as inventoried by the California Invasive Plant Council shall be properly disposed of and removed from the landscape area before the installation of the approved landscaping.

Zone Code Amendment 2024-02, Ordinance No. 1114
May 1, 2024

(3) Landscaping installed within a Hazardous Fire Area, Wildland Urban Interface Zone, or Fire Hazard Severity Zone shall be subject to all applicable Riverside County Fire Protection District landscaping requirements.
(4) Landscape Design Elements
(i) Vines, shrubs, and on-site trees shall be used to visually soften and deter graffiti on walls and fences. Vines shall not be used where they will cause structural damage to walls or obstruct traffic safety sight area when adjacent to a roadway or driveway. Shrubs shall be installed a minimum size of five gallons.
(ii) Plants shall be grouped according to hydrozones and other environmental conditions (soil, slope, sun exposure) that are appropriate for their survival.
(iii) On-site trees visible from the street shall be planted at a minimum 36 inch box. All other trees shall be planted at a minimum of 24 inch box or 15 gallon. Trees shall be planted in all parkway areas between curbs and horse trail for review and approval by the Public Works Division, who shall also determine the size of trees per the approved City standard.
(iv) Trees and shrubs shall be planted so that at maturity they do not interfere with service lines, sewer lines or on-site wastewater treatment system areas, traffic safety sight areas, public works facilities and rights of way, or safety lighting.
(v). Landscape areas shall include permanent irrigation systems. (vii) Landscaping shall be maintained by the permittee according to the approved landscape plan and any permit conditions for the life of the permitted land use.
(b) All recreational areas and landscaping shall be installed prior to occupancy of the final unit within the complex. Landscaped areas shall be maintained. (c) Outdoor Common Area:
(1) At least 20 percent of the area set aside for housing shall be outdoor common area.
(2) At least 50 percent of the area designated as outdoor common area shall be comprised of land with slopes of ten percent or less.

Zone Code Amendment 2024-02, Ordinance No. 1114
May 1, 2024

(3) Agricultural worker housing shall include recreational areas developed for use with activities such as for baseball, basketball, soccer or horseshoes. Farmworker housing complexes intended for families shall also include children's play equipment.
(4) Permittee shall be responsible for the maintenance of all outdoor common areas.
(d) Outdoor Private Area: Outdoor private area shall be provided for each unit in the development in the form of outdoor patios, decks and/or balconies and shall be directly and exclusively accessed by the unit it is intended to serve. (1) Ground Floor Units: Private outdoor areas must be at least 80 square feet per unit and all dimensions must be at least 8 feet. (2) Upper-Level Units: Private outdoor areas shall be provided as balconies or loggias, and must be at least 40 square feet per unit, with a minimum 5-foot depth dimension.

H. Agricultural employee housing designed as group quarters shall meet the following development standards:
(1). Farmworker group quarter facilities are a group of structures, or a single structure in the form of single room occupancy, dormitories, boarding houses, barracks or bunkhouses, consisting of either individual or shared facilities for the purpose of providing housing or services for farmworkers. These facilities are generally designed as a combination of sleeping rooms or bunk beds and may include a shared kitchen, mess hall and bathroom facility. This type of agricultural worker housing is designed for, and may only be occupied by, individual farmworkers and not their families; and may, but is not required to, be owned or managed by an entity or organization. Farmworker group quarters are subject to the following additional standards:
(a) Minimum lot size: Farmworker group quarters shall be located on lots with a minimum area of five acres.
(b). Minimum unit size: For dormitory-style housing, a minimum of 50 gross square feet of personal living space shall be required for each occupant.
(c). Setbacks: Farmworker group quarters shall adhere to the setbacks of the underlying zone.

Zone Code Amendment 2024-02, Ordinance No. 1114
May 1, 2024

(d) Open Space Requirements: Recreational facilities and open space shall be provided for the benefit and recreational use of the residents in accordance with the standards listed in G (4)(a), (b) and (c) above. (e) Accessory Uses and Structures: The following accessory uses and structures are allowed for farmworker group quarter facilities if specifically authorized by the Planning Director-approved Architectural Review Permit.

Such accessory uses and structures must be located either in a single community building or in a permitted location outdoors, and such uses and structures may not be used by the general public:
(1) Food service for residents of the group quarters, which may include kitchen facilities and a dining hall;
(2) Laundry facilities for residents of the group quarters; (3) Enclosed storage facilities for each resident or dwelling unit; (4) Facilities primarily used to provide residents of the group quarters with information regarding and referral to employment, social and community, education, health and other services.

I. Agricultural employee housing may, but is not required to, be developed or provided by the employer, or located on the same lot where the qualifying agricultural work is being performed.

J Within 30 days after obtaining the appropriate permit from the California Department of Housing and Community Development (HCD) to operate the agricultural employee housing, and thereafter on an annual basis, the applicant shall submit evidence that the HCD permit for the agricultural employee housing is current and valid.

K. Deed Restriction: Within 30 days after receiving approval for permanent or seasonal employee housing from the Planning Division, and before issuance of the building final, the applicant shall record with the County Recorder, a deed restriction in a form approved by the County that runs with the land on which the agricultural employee housing is located declaring that:
(1) The agricultural employee housing will continuously be maintained in compliance with this Section 18.30.49 and all other applicable sections of the Norco Municipal Code; and
(2) The applicant will obtain and maintain, for as long as the agricultural employee housing is operated, the appropriate permit(s) from HCD pursuant to the Employee Housing Act and the regulations promulgated thereunder. (3) The deed restriction shall not be amended, released, terminated, or removed from the property without the prior written consent of the City. In the event the agricultural

Zone Code Amendment 2024-02, Ordinance No. 1114
May 1, 2024

employee housing use is terminated and/or structures are removed in accordance with this Chapter and other applicable law as confirmed in writing by the Planning Director, the deed restriction that accompanies the development shall be released and removed from the property.

L. Signed affidavit for temporary employee housing: Within 30 days after receiving approval for temporary employee housing from the Planning Division, the applicant shall submit a signed affidavit, in a form approved by the City, affirming that:
(1) The agricultural employee housing will only be used as temporary employee housing; and
(2) The applicant will obtain and maintain, for as long as the temporary employee housing is operated, the appropriate permit(s) from HCD pursuant to the Employee Housing Act and the regulations promulgated thereunder.

SECTION 2. EFFECTIVE DATE: This Ordinance shall become effective 30 days after final passage thereof.

SECTION 3. SEVERABILITY: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance, and each section, subsection, sentence, clause, sentences, clauses, or phrases here of irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, or phrases hereof be declared invalid or unconstitutional.

SECTION 4. POSTING: The Mayor shall sign this Ordinance and the City clerk shall attest hereto and shall cause the same within 15 days of its passage to be posted at no less than five public places within the City of Norco.

Zone Code Amendment 2024-02, Ordinance No. 1114
May 1, 2024

PASSED AND ADOPTED by the City Council of the City of Norco, California at a regular meeting held May 1, 2024.
__________________________
Kevin Bash, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California

Zone Code Amendment 2024-02, Ordinance No. 1114
May 1, 2024

I, DANA ROA, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Norco, California, duly held on April 17, 2024, and thereafter at a regular meeting of said City Council duly held on May 1, 2024, it was duly passed and adopted by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on May 1, 2024.
________________________
Dana Roa, CMC, City Clerk
City of Norco, California

City Council

STAFF REPORT
Date: April 17, 2024 Agenda Item:

6.B.

To: Honorable Mayor and City Council Members
From: Alma Robles, Community Development Director
Prepared By: Steve Raney, Building Official
Department: Planning
SUBJECT:

Code Amendment 2024-01 (City of Norco) - A City initiated amendment to Title 15, Section 15.30.020 "Hours of Construction Activity" and Title 9, Section 9.07.20 "Noise Regulations, Exemptions", to clarify the allowable hours of construction for building projects in the City of Norco.

RECOMMENDATION:

Continue the Public Hearing to the Regular Scheduled City Council Meeting on May 15, 2024.

REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney