Agenda — Norco City Council, June 5, 2024 (part 2 of 4)

9. Description of Services:

The City of Norco is seeking on-call SCADA integration services, including trouble shooting, programming, report generation, report writing, support, and modifications for water treatment plant, wastewater lift stations, reservoirs SCADA systems, etc.

The general items of work to be done hereunder consist of:

On an on-call and/or emergency basis, Service Provider shall provide software, hardware, instrumentation, radio, computer network communications, electrical, and computer repair or replacement services.

The service provider shall be available year-round and available on a 24- hour/7-day basis. For emergency services, a 30-minute maximum call back response time with a 2-hour maximum on-site response is required.

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

3. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
(1) Insurance Services Office Form Number GL 0002 (Ed. 1/73),

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Comprehensive General Liability Insurance and Insurance Services Office form number GL 0404 Broad Form Comprehensive General Liability endorsement; or
(2) Insurance Services Office Commercial General Liability Coverage, “Occurrence" Form CG 0001; or
(3) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding Sections (1) and (2).

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

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

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

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

ATTN:
_____________________________________________________________________ (Title) (Department)
_____________________________________________________________________ (Company)
_____________________________________________________________________ (Street Address)
_____________________________________________________________________ (City) (State) (Zip Code)
______________________________
(Telephone Number)

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D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE

INSURER
I, __________________________, warrant that I have authority to (Print/Type Name)
bind the below-listed insurance company and by my signature hereon do so bind this company.
____________________________________________

SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original Signature required on endorsement furnished to the City of Norco) ORGANIZATION: _____________________________________________________ TITLE: _____________________________________________________ ADDRESS: _____________________________________________________ _____________________________________________________
TELEPHONE: _____________________________________________________

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AUTOMOBILE LIABILITY ENDORSEMENT

CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5627
(951) 270-5677
A. POLICY INFORMATION Endorsement #_____________________

1. Insurance Company _____________________________________________ Policy Number _____________________

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

3. Named Insured________________________________________________

4. Address of Named Insured________________________________________

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

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

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

2. CONTRIBUTION NOT REQUIRED. As respects work performed by the Named Insured for or on behalf of the City of Norco, the insurance afforded by this policy shall: (a) be primary insurance as respects the City of Norco, its

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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.

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

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D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE

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WORKER'S COMPENSATION/EMPLOYER'S LIABILITY ENDORSEMENT

CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5627
(951) 270-5677
A. POLICY INFORMATION Endorsement # ________________________

1. Insurance Company ____________________________________________ ("the Company")
Policy Number _________________________________________________

2. Effective Date of this Endorsement ________________________________

3. Named Insured_________________________________________________

4. Employer's Liability Limit (Coverage B)______________________________ _____________________________________________________________ B. POLICY AMENDMENTS
In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:
(1) Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.
(2) Waiver of Subrogation. The Insurance Company agrees to waive all rights of subrogation against the City of Norco, its elected or appointed officers, officials, agents and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the City of Norco.

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C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE

INSURER
I, _______________________, warrant that I have authority to bind (Print/Type Name)
the below-listed insurance company and by my signature hereon do so bind this company.
_______________________________________________

SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original signature required on endorsement furnished to the City of Norco) ORGANIZATION: ____________________________________________________ TITLE: ____________________________________________________ ADDRESS: ____________________________________________________ TELEPHONE: ____________________________________________________

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City Council

STAFF REPORT
Date: June 5, 2024 Agenda Item:

3.G.

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

Approval of List of Construction Firms to Provide Emergency On-Call Construction Services
RECOMMENDATION:

Approve the list of construction firms to provide emergency on-call construction services for fiscal years 2024-25 to 2026-27.

SUMMARY:

Staff has reviewed and rated several construction firms capable of providing on-call construction services for water, sewer and storm drain issues beyond the resources of Public Works staff. Staff is recommending that the City Council approve the list of preapproved construction firms to provide emergency construction services on an on-call basis over the next three years (Fiscal Years 2024-25 to 2026-27).

BACKGROUND:

From time-to-time Public Works requires the use of on-call construction services when issues or emergencies experienced in the field are beyond the resources or experience of Public Works staff. The current list of pre-qualified construction firms will expire June 30, 2024; therefore, staff completed a Request for Proposals for On-Call Construction Services for sewer, water, and storm drain issues. The RFP was published in the local newspaper and websites. The purpose of the RFP is to generate a list of pre-qualified firms that can provide on-call construction services which can be used by staff on an as needed basis over the next three years. Staff has reviewed the use of on-call contractors over the past six years and the use of these services are required about four to five times annually for various emergency issues (mostly valve replacements and main breaks).

A total of four (4) proposal packages with qualifications were received (see summary sheet). Staff reviewed the proposals received from the contractors and determined all

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four (4) contractors are capable of providing on-call emergency construction services.

The list of staff recommended firms is attached for Council’s review.

FISCAL IMPACT:

Funds for on-call construction services are included in the FY 2024-25 Operating Budget within the water, sewer and storm drain funds. As needed cost per incident can be a few thousand dollars to tens of thousands of dollars depending on the severity or complexity of the emergency issue.

RELATIONSHIP TO STRATEGIC PLAN:

Approval of the list of pre-approved professional design service is consistent with Strategic Goal No. 5 - Infrastructure & Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.

REVIEWED AND APPROVED BY:

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

Summary Sheet
List of Firms On-Call Construction Services

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BID SUMMARY SHEET
On-Call Water and Sewer System
Rehabilitation and Repair Services FY
2024-25 to 2026-27
FY 2024-25 FY 2025-26 FY 2026-27 FY 2024-25 FY 2025-26 FY 2026-27

ITEMQUANTITY UNITS DESCRIPTION UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID

BASE BID
1 1 HR Certified Welder $122.00 $128.00 $137.00 $160.00 $160.00 $160.00 2 1 HR Foreman $115.00 $121.00 $129.00 $120.00 $120.00 $120.003 1 HR Equipment Operator $115.00 $121.00 $129.00 $90.00 $90.00 $90.004 1 HR Laborer $86.00 $90.00 $95.00 $85.00 $85.00 $85.00 5 1 HR Truck Driver $88.00 $92.00 $97.00 $95.00 $95.00 $95.006 1 HR Flagman $86.00 $90.00 $95.00 $65.00 $65.00 $65.00 7 1 DAY Excavator $720.00 $784.00 $840.00 $450.00 $450.00 $450.00 8 1 DAY Backhoe $688.00 $744.00 $808.00 $400.00 $400.00 $400.009 1 DAY Dump Truck $800.00 $864.00 $936.00 $350.00 $350.00 $350.00 TK Construction J&L Constructors Inc.

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BID SUMMARY SHEET
On-Call Water and Sewer System
Rehabilitation and Repair Services FY
2024-25 to 2026-27

ITEMQUANTITY UNITS DESCRIPTION

BASE BID
1 1 HR Certified Welder
2 1 HR Foreman3 1 HR Equipment Operator4 1 HR Laborer5 1 HR Truck Driver6 1 HR Flagman 7 1 DAY Excavator
8 1 DAY Backhoe9 1 DAY Dump Truck
FY 2024-25 FY 2025-26 FY 2026-27 FY 2024-25 FY 2025-26 FY 2026-27

UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID
$130.00 $135.00 $140.00 $130.00 $135.00 $140.00$123.13 $124.13 $124.13 $123.13 $124.13 $124.13$121.86 $122.86 $122.86 $121.86 $122.86 $122.86 $94.74 $98.14 $98.14 $94.74 $98.14 $98.14$26.56 $26.56 $26.56 $26.56 $26.56 $26.56$50.04 $52.40 $52.40 $50.04 $52.40 $52.40 $600.00 $650.00 $700.00 $600.00 $650.00 $700.00$450.00 $500.00 $550.00 $450.00 $500.00 $550.00$500.00 $550.00 $600.00 $500.00 $550.00 $600.00 MCC Pipeline, Inc. MCC Equipment Rentals, Inc.

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LIST OF PRE-QUALIFIED COMPANIES
FOR

ON-CALL EMERGENCY CONSTRUCTION SERVICES
FISCAL YEARS 2024-2025 to 2026-2027
Kirtley Construction, Inc. dba TK Construction
David King
909-473-8739
P.O. Box 9608
San Bernardino, CA 92427
J&L Constructors Inc
Bryson Miller
714-931-9367 Ext 2
80 Huntington St. SPC 706
Huntington Beach, CA 92648
MCC Pipeline, Inc.

Danielle Munoz
909-795-0400
P.O. Box 1730
Yucaipa, CA 92399
MCC Equipment Rentals, Inc.

Kenneth Munoz
909-795-9300
33562 Yucaipa Blvd #4-325
Yucaipa, CA 92399

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City Council

STAFF REPORT
Date: June 5, 2024 Agenda Item:

3.H.

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

Acceptance of Proposals and Award of Multi-Year Contract for Sanitary Sewer and Storm Drain Maintenance Services
RECOMMENDATION:

Accept proposals and award a multi-year Sanitary Sewer and Storm Drain Maintenance Services contract to Houston & Harris PCS, Inc. located in Grand Terrace, California, in an amount not-to-exceed $300,000 annually for Fiscal Years 2024-25 through 2026-27.

SUMMARY:

Proposals for the Sanitary Sewer and Storm Drain Maintenance Services Contract were opened on May 8, 2024, with Houston & Harris PCS, Inc. submitting the preferred responsive proposal to perform sanitary sewer collection system and storm drain maintenance. Staff is recommending that the City Council award the multi-year sanitary sewer and storm drain maintenance services agreement to Houston & Harris PCS, Inc. in the amount not-to-exceed $300,000 annually for fiscal years 2024-25 through 2026-

27. BACKGROUND:

Staff completed detailed specification for bidding purposes and on May 8, 2024, unit price proposals were received for specific items related to sewer collection and storm drain maintenance. The Request for Proposal package required the proposer to provide costs to perform sewer and storm drain pipe cleaning, lift and pump station maintenance, pipeline video, and emergency after-hour response to sanitary sewer overflows.

A total of four (4) proposals were received:

Vendor FY 2024-25 FY 2025-26 FY 2026-27
Innerline $261,535 $273,660 $285,785

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Engineering, Inc.

Houston & Harris
PCS, Inc. $340,023 $340,023 $340,023
Empire Pipe
Cleaning
Equipment
$431,674 $453,382 $475,813
TE Roberts
Incorporated $954,940 $954,940 $954,940
Please note Innerline Engineering, Inc. (lowest proposal) previously provided this same service from 2018 to 2021. Houston & Harris is the City’s current vendor for sewer and storm drain cleaning since July 2021 and staff has been very happy with the level of service provided over the past three years. In reviewing the overall past performance of Innerline compared to that of Houston & Harris, Public Works believes that Houston & Harris provides a better overall service. However, the cost difference between the two vendors is a factor to be considered.

Public Works elected to engage in a dialogue with Houston & Harris to determine if they were open to lowering their unit costs to provide more competitive pricing. Houston & Harris was amenable and offered an updated proposal in the amount of $292,528 annually. Based on this new pricing, Public Works believes that Houston & Harris would be the best fit for the next multi-year contract because they offer an overall quality of service that is worth the additional cost as compared to the lower cost proposal offered by Innerline.

It should be noted that as part of the new trash franchise agreement, Waste Management will be providing a service enhancement to proactively clean each catch basin annually. This work will augment our reactive storm drain cleaning (usually clogged pipes) that will be conducted by Houston and Harris on an as needed basis.

FISCAL IMPACT:

Funds in the amount of $300,000 are proposed in the Fiscal Year 2024-25 Sewer Operations Fund (126-809-34100, $285,000) and NPDES Storm Drain Operations Fund (139-802-34100, $15,000). Subsequent appropriations will be included in the corresponding Fiscal Year's Operating Budgets.

RELATIONSHIP TO STRATEGIC PLAN:

The approval of the multi-year sewer and storm drain cleaning services contract is consistent with Strategic Direction No. 5 - Infrastructure & Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.

REVIEWED AND APPROVED BY:

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

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ATTACHMENT(S):

Proposal Summary Sheets
Houston & Harris Contract

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BID SUMMARY SHEET
Sanitary Sewer and Storm Drain
Maintenance Services FY 2024-25 to 2026-27

ITEM QUANTITY UNITS DESCRIPTION UNIT BID TOTAL UNIT BID TOTAL UNIT BID TOTAL

BASE BID
1 130,000 LF
Cleaning 4" - 12" sewer pipe, majority of footage will be in this size range $0.60 $78,000.00 $0.60 $78,000.00 $0.60 $78,000.00 2 50,000 LF Cleaning 12"-27" additional sewer pipe sizes $0.78 $39,000.00 $0.78 $39,000.00 $0.78 $39,000.00 3 12 EA
Lift Station Cleaning: Depth 5' to 30' various sizes 2 times per year $1,602.00 $19,224.00 $1,602.00 $19,224.00 $1,602.00 $19,224.00 4 650 LF
Clean 18" to 36" storm drain pipe, various sizes 1 time per year $1.75 $1,137.50 $1.75 $1,137.50 $1.75 $1,137.50 5 30 EA
Clean 4' to 14' wide by various depth catch basin, 1 time per year $205.00 $6,150.00 $205.00 $6,150.00 $205.00 $6,150.00 6 190,000 LF Video Inspection Services, All pipe sizes -4" to 27" $0.77 $146,300.00 $0.77 $146,300.00 $0.77 $146,300.007 1 HR Vacuum Excavation Services $410.00 $410.00 $410.00 $410.00 $410.00 $410.008 2 HR Emergency Response Hourly Rate-(two hour Minimum)-Nights (6 PM to 7 AM) $513.00 $1,026.00 $513.00 $1,026.00 $513.00 $1,026.00 9 2 HR
Emergency Response Hourly Rate, Holidays and Weekends (two hour Minimum) $640.00 $1,280.00 $640.00 $1,280.00 $640.00 $1,280.00 BID TOTAL FOR BASE BID Actual $292,527.50 $292,527.50 $292,527.50 Houston & Harris PCS, Inc. (revised)
FY 2024-25 FY 2025-26 FY 2026-27

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BID SUMMARY SHEET
Sanitary Sewer and Storm Drain
Maintenance Services FY 2024-25 to 2026-27

ITEM QUANTITY UNITS DESCRIPTION

BASE BID
1 130,000 LF
Cleaning 4" - 12" sewer pipe, majority of footage will be in this size range 2 50,000 LF Cleaning 12"-27" additional sewer pipe sizes 3 12 EA
Lift Station Cleaning: Depth 5' to 30' various sizes 2 times per year 4 650 LF
Clean 18" to 36" storm drain pipe, various sizes 1 time per year 5 30 EA
Clean 4' to 14' wide by various depth catch basin, 1 time per year 6 190,000 LF Video Inspection Services, All pipe sizes -4" to 27"7 1 HR Vacuum Excavation Services8 2 HR Emergency Response Hourly Rate-(two hour Minimum)-Nights (6 PM to 7 AM) 9 2 HR
Emergency Response Hourly Rate, Holidays and Weekends (two hour Minimum)

BID TOTAL FOR BASE BID

UNIT BID TOTAL UNIT BID TOTAL UNIT BID TOTAL
$0.60 $78,000.00 $0.66 $86,060.00 $0.64 $83,200.00$0.60 $30,000.00 $0.62 $31,000.00 $0.64 $32,000.00 $1,000.00 $12,000.00 $1,110.00 $13,320.00 $1,200.00 $14,400.00 $2.00 $1,300.00 $2.10 $1,365.00 $2.20 $1,430.00
$500.00 $15,000.00 $550.00 $16,500.00 $600.00 $18,000.00 $0.65 $123,500.00 $0.68 $129,200.00 $0.71 $134,900.00
$315.00 $315.00 $315.00 $315.00 $315.00 $315.00$310.00 $620.00 $320.00 $640.00 $330.00 $660.00$400.00 $800.00 $420.00 $840.00 $440.00 $880.00 $261,535.00 $279,240.00 $285,785.00
FY 2024-25 FY 2025-26 FY 2026-27
Innerline Engineering, Inc.

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BID SUMMARY SHEET
Sanitary Sewer and Storm Drain
Maintenance Services FY 2024-25 to 2026-27

ITEM QUANTITY UNITS DESCRIPTION

BID TOTAL FOR BASE BID

UNIT BID TOTAL UNIT BID TOTAL UNIT BID TOTAL
$0.60 $78,000.00 $0.60 $78,000.00 $0.60 $78,000.00$0.78 $39,000.00 $0.78 $39,000.00 $0.78 $39,000.00 $2,228.50 $26,742.00 $2,228.50 $26,742.00 $2,228.50 $26,742.00 $4.10 $2,665.00 $4.10 $2,665.00 $4.10 $2,665.00
$410.00 $12,300.00 $410.00 $12,300.00 $410.00 $12,300.00 $0.94 $178,600.00 $0.94 $178,600.00 $0.94 $178,600.00
$410.00 $410.00 $410.00 $410.00 $410.00 $410.00$513.00 $1,026.00 $513.00 $1,026.00 $513.00 $1,026.00$640.00 $1,280.00 $640.00 $1,280.00 $640.00 $1,280.00 $340,023.00 $340,023.00 $340,023.00
FY 2025-26 FY 2026-27
Houston & Harris PCS, Inc.

FY 2024-25

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BID SUMMARY SHEET
Sanitary Sewer and Storm Drain
Maintenance Services FY 2024-25 to 2026-27

ITEM QUANTITY UNITS DESCRIPTION

BID TOTAL FOR BASE BID

UNIT BID TOTAL UNIT BID TOTAL UNIT BID TOTAL
$0.73 $94,900.00 $0.76 $98,800.00 $0.80 $104,000.00$1.96 $98,000.00 $2.06 $103,000.00 $2.16 $108,000.00 $1,400.00 $16,800.00 $1,475.00 $17,700.00 $1,550.00 $18,600.00 $6.46 $4,199.00 $6.78 $4,407.00 $7.12 $4,628.00
$1,280.00 $38,400.00 $1,350.00 $40,500.00 $1,400.00 $42,000.00 $0.93 $176,700.00 $0.98 $186,200.00 $1.03 $195,700.00
$475.00 $475.00 $495.00 $495.00 $515.00 $515.00$525.00 $1,050.00 $545.00 $1,090.00 $565.00 $1,130.00$525.00 $1,050.00 $595.00 $1,190.00 $620.00 $1,240.00 $431,574.00 $453,382.00 $475,813.00
Empire Pipe Cleaning and Equipment, Inc.

FY 2024-25 FY 2025-26 FY 2026-27

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BID SUMMARY SHEET
Sanitary Sewer and Storm Drain
Maintenance Services FY 2024-25 to 2026-27

ITEM QUANTITY UNITS DESCRIPTION

BID TOTAL FOR BASE BID

UNIT BID TOTAL UNIT BID TOTAL UNIT BID TOTAL
$1.60 $208,000.00 $1.60 $208,000.00 $1.60 $208,000.00$1.49 $74,500.00 $1.49 $74,500.00 $1.49 $74,500.00 $4,141.00 $49,692.00 $4,141.00 $49,692.00 $4,141.00 $49,692.00 $5.00 $3,250.00 $5.00 $3,250.00 $5.00 $3,250.00
$2,745.00 $82,350.00 $2,745.00 $82,350.00 $2,745.00 $82,350.00 $2.78 $528,200.00 $2.78 $528,200.00 $2.78 $528,200.00
$504.00 $504.00 $504.00 $504.00 $504.00 $504.00
$2,111.00 $4,222.00 $2,111.00 $4,222.00 $2,111.00 $4,222.00$2,111.00 $4,222.00 $2,111.00 $4,222.00 $2,111.00 $4,222.00 $954,940.00 $954,940.00 $954,940.00
TE Roberts Incorporated
FY 2024-25 FY 2025-26 FY 2026-27

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CITY OF NORCO

CONTRACT AGREEMENT
FOR

SEWER AND STORM DRAIN MAINTENANCE SERVICES
FISCAL YEARS 2024-25 to 2026-27

1. Parties and Date.

This Agreement is made and entered into this 5th day of June, 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 Houston & Harris PCS, Inc., a corporation with its principal place of business at 21831 Barton Road, Grand Terrace, CA 92313 (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 provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing sewer and storm drain cleaning services to 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 Services.

City desires to engage Contractor to render such services for Sewer and Storm Drain Cleaning Services ("Services") 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 fully and adequately supply the sewer and storm drain cleaning services on an as-needed basis necessary for said Services. The Services are more particularly described in Attachment 1 attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

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3.1.2 Term. The terms of this Agreement shall be from July 1, 2024 through June 30, 2027, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual written consent, extend the agreement by one three-year term.

3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be provided by Contractor. Contractor will determine the means, methods and details of providing the necessary Services subject to the requirements of this Agreement. City retains Contractor on an independent Contractor basis and not as an employee. Any additional personnel conducting Services 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 conducting Services 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 perform the Services expeditiously, within the term of this Agreement, and in accordance with the timeframe set forth herein. Contractor represents that it has the professional and technical personnel required to provide Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Services 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 Services 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 Larry Houston – 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 Services, using his best skill and attention, and shall be responsible for all means, methods,

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techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in providing said Services and shall be available to City’s staff, Contractors and other staff at all reasonable times.

3.2.7 Standard of Care; Performance of Employees. Contractor shall provide services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to provide sewer and storm drain maintenance services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience for said services. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to provide sewer and storm drain maintenance services, 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 Services, a threat to the safety of persons or property, or any employee who fails or refuses to complete the Services in a manner acceptable to the City, shall be promptly removed by the Contractor and shall not be re-employed to perform any work for the City.

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 Services, 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 Services. 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.

3.2.8.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration

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status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the Term of the Agreement. Contractor shall avoid any violation of any such law during the Term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.8 or any of its sub-sections.

3.2.8.2 Employment Eligibility; Subcontractors, Contractors, and Subcontractors. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, Contractors, sub-subcontractors and subcontractors performing any work or Services relating to this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.8.1.

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

3.2.8.4 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.

3.2.8.5 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,

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Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.2.8.6 Air Quality. To the extent applicable, Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.2.9 Insurance.

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

3.2.9.2 Minimum Requirements. Throughout the life of this Contract, Contractor shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or (ii) as may be authorized in writing by City Manager or his/her designee at any time and in his/her sole discretion. The following policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than the following:
$1,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $2,000,000 aggregate for products and completed operations $2,000,000 general aggregate applying separately to the work performed under the Contract

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(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non owned automobiles or other licensed vehicles (Code 1 Any Auto) with limits of liability of not less than $1,000,000 per accident for bodily injury and property damage. (iii) WORKERS' COMPENSATION insurance as required under the California Labor Code.
(iv) EMPLOYERS’ LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee.
(v) PROFESSIONAL LIABILITY Professional Liability (Errors and Omissions) insurance appropriate to Contractor’s profession, with limits of liability of $2,000,000 per claim/occurrence and $2,000,000 policy aggregate.

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).

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. At the option of the City Manager or his/her designee, either: (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to VVTA, its board members, officers, officials, employees and agents; or (ii) Contractor shall provide a financial guarantee, satisfactory to VVTA’s Executive Director or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall the City be responsible for the payment of any deductibles or self-insured retentions.

All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, 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 General Liability (including ongoing and completed operations) and Automobile Liability shall name City and its officers, officials, employees, agents and

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volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Contractor’s insurance shall be primary and no contribution shall be required of City. The coverage shall contain no special limitations on the scope of protection afforded to the City and its officers, officials, employees, agents and volunteers. The Workers’ Compensation insurance policy shall contain a waiver of subrogation as to City and its officers, officials, employees, agents and volunteers. Should 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 City.

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

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

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

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

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

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

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 Manager or his/her designee prior to City’s execution of the Agreement and before work commences.

If at any time during the life of this Agreement or any extension, Contractor or any of its subcontractors fail to maintain any required insurance in full force and effect, all work under this Agreement shall be discontinued immediately, and all payments due or that become due to 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 Agreement. No

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action taken by City hereunder shall in any way relieve Contractor of its responsibilities under this Agreement.

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

The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City and its officers, officials, employees, agents and volunteers shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by 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, employees, agents, persons under the supervision of Contractor, vendors, suppliers, invitees, sub-Contractors, subcontractors, or anyone employed directly or indirectly by any of them.

If Contractor should subcontract all or any portion of the services to be performed under this Agreement, Contractor shall require each subcontractor to provide insurance protection in favor of City and its officers, officials, employees, agents and volunteers in accordance with the terms of each of the preceding paragraphs, except that the 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 providing Services, 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.

3.3 Fees and Payments.

3.3.1 Rates and Total Compensation. Contractor shall receive compensation, including authorized reimbursements, for all design 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 Services, 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.

3.4 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 Ownership of Materials and Confidentiality

3.5.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically, electronically or otherwise recorded or stored, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). All Documents & Data shall be and remain the property of the City, and shall not be used in whole or in substantial part by Contractor on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Contractor shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding

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the amount of compensation to which the Contractor is entitled under the termination provisions of this Agreement, Contractor shall provide all Documents & Data to City upon payment of the undisputed amount. Contractor shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Contractor shall retain copies of all Documents & Data on file for a minimum of five (5) years following completion of said Services, and shall make copies available to City upon the payment of actual reasonable duplication costs. In addition, before destroying the Documents & Data following this retention period, Contractor shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.5.2 Subcontractors. Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data.

Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or its subcontractors, or those provided to Contractor by the City.

3.5.2 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time, provided that any such use not within the purposes intended by this Agreement without employing the services of Contractor shall be at City’s sole risk.

3.6 General Provisions.

3.6.1 Termination of Agreement.

3.6.1.1 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.

3.6.1.2 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.

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

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

Contractor:

Houston & Harris, PCS, Inc.
21831 Barton Road
Grand Terrace, CA 92313
Attention: Larry Houston - President
City:

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

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

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

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

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

This section shall survive termination or expiration of this Agreement.

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

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

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

3.6.9 City’s Right to Employ Other Contractors. City reserves right to employ other Contractors in connection with said Services.

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

3.6.11 Assignment or Transfer. 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.

3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be work days (Monday through Friday, excluding holidays). All references to 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.

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

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

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

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

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

3.6.18 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.

3.6.19 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.

3.6.20 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.

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

3.7 Subcontracting.

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

Name of Contractor: Houston & Harris, PCS, Inc.
*By:
________________________________
Signature
________________________________
Larry Houston - President
OWNER: CITY OF NORCO, a municipal corporation
*By:
_______________________________
Kevin Bash, Mayor
ATTEST:
_______________________________
Dana Roa, CMC, City Clerk
APPROVED AS TO FORM:
______________________________
Colin Burns, City Attorney

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EXHIBIT A

SEWER AND STORM DRAIN MAINTENANCE RFP/Q

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REQUEST FOR PROPOSAL/QUALIFICATIONS

SANITARY SEWER AND STORM DRAIN

MAINTENANCE SERVICES
(FISCAL YEARS 2024-25 to 2026-27)

CITY OF NORCO PUBLIC WORKS
SEALED PROPOSALS MUST BE SUBMITTED BY WEDNESDAY MAY 8, 2024, NO LATER THAN 5:00 P.M. AND MARKED TO THE ATTENTION OF CHAS BLAIS - DIRECTOR OF PUBLIC WORKS. ANY AND ALL PROPOSALS SUBMITTED AFTER THE DEADLINE WILL NOT BE CONSIDERED.
____________________________________ _________________
Chad Blais, Director of Public Works Date
4-16-2024

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REQUEST FOR PROPOSAL/QUALIFICATIONS
Consideration for the City of Norco Sanitary Sewer and Storm Drain Maintenance MultiYear Contract will be conducted through a Request for Proposal/Qualification (RFP/Q); not an open bid.

DESCRIPTION OF DUTIES
The City of Norco Sanitary Sewer and Storm Drain Maintenance Multi-Year Contract will provide sanitary sewer and storm drain maintenance services. The contractor shall provide all labor, equipment, tools, fuel, materials, dumping, insurance, supervision, and all other items needed to deliver excellent sanitary sewer and storm drain maintenance services.

PROPOSAL FORMAT
Your Proposal should be submitted in the following format:

Section 1 Describe your firm, including your area of specialization; number of employees; prior experience performing similar services; current workload; etc.

Section 2 Describe your firm’s or employee’s experience working for or with municipal governments.

Section 3 Describe how you typically communicate with City staff regarding your status. Provide any report formats you currently use to keep City staff informed about the status.

Section 4 Provide the names and backgrounds of all of the individuals who will provide the actual services to the City. Include any of their prior experience providing hydrovac cleaning services to municipalities and/or other previous experience working with municipalities.

Section 5 Submit the Proposal Bid Sheet with unit prices indicated for each item listed.

City reserves the right to increase or decrease the quantity indicated on proposal bid sheet.

Subject to approval of the City Council, written Annual Consumer Price Index (CPI) requests will be considered and not unreasonably withheld, based on rate adjustments requests reflecting changes in the index from March of the preceding year to March of the year in review. The approved adjustment shall become effective July 1st of each year.

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Section 6 Provide any additional information you believe will be helpful to assist the review of your proposal. Include any attachments, exhibits or reports which you feel will help us to gain an understanding of your firm’s ability to provide service to the City of Norco. To be considered, proof and/or evidence of equipment in compliance with current regulations must be submitted.

Your Proposal must respond to and conform to the Sanitary Sewer and Storm Drain Maintenance Specifications (Included as Attachment 1), and the draft Service Agreement for Sanitary Sewer and Storm Drain Maintenance Services (included as Attachment 2).

SCHEDULE OF EVENTS
The following is the proposed schedule for the selection process:

Request for Proposal/Qualifications (RFP/Qs) – Posted on Planet Bids RFP/Qs Final Submittal Date – May 8, 2024
Evaluation Period – May 9 through May 22, 2024
Contract Approval – June 19, 2024
Contract Commencement – July 1, 2024

MISCELLANEOUS PROVISIONS
The following meanings are attached to the following defined words when used in these specifications and the contract. The word “City” means the City of Norco, California. The word “Bidder”, “Contractor”, or “Firm” means the person, firm or corporation submitting a proposal to provide sanitary sewer and storm drain maintenance services.

This RFP/Q does not commit the City to award a contract or to pay any cost incurred in the preparation of a proposal.

The City reserves the right to cancel in part, or in its entirety, this RFP/Q. Initial Contract Term – 1 to 3 year terms (City reserves the right to negotiate with contractor for longer term). Option to renew or extend the Contract is contingent upon negotiation.

Any changes to the RFP/Q requirements will be made by addendum. All addenda shall be signed by bidders and attached to the proposal. Failure to attach any addenda may render the proposal non-responsive and cause it to be eliminated from consideration.

All responses to the RFP/Q become the property of the City of Norco. At such time a final award is made, all proposals submitted in response to this RFP/Q become a matter of public record and shall be regarded as public records, with the exception of those elements in each proposal which are defined by the bidder as business or “Trade Secret”, and is required under the Public Record Act.

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SELECTION
All proposals will be reviewed by City Staff. The contract will be awarded to the firm who meets all the City’s requirements, offers the most advantageous combination of low price and high ranking for the various components contained herein and whose proposal best serves the interest of the City as determined by the City Council.

Proposals will be evaluated on the basis of the following criteria:

1. Cost; no more than 30 points of the scoring process will be contingent upon the service costs;

2. Responsive bidder, not the lowest bidder;

3. Meaningful experience providing hydrovac cleaning services;

4. Compliance with specifications;

5. Responsiveness and thoroughness of proposal;

6. Past record of performance of contracts with clients, or other governmental agencies;

7. Ease of operation;

8. Personnel proposed to work on the project and the qualifications of those individuals;

9. Review and evaluation of equipment and facilities;

10.Any other factors determined by the City to be relevant to the performance of these services; and

11.Local contractor with immediate response time.

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CITY OF NORCO

SANITARY SEWER AND STORM DRAIN

MAINTENANCE SPECIFICATIONS
FISCAL YEARS 2024-25 to 2026-27

SANITARY SEWER AND STORM DRAIN MAINTENANCE SERVICE

SPECIFICATIONS
The City of Norco is soliciting proposals from qualified firms to furnish all labor, equipment, fuel, materials, tools, disposal, insurance, supervision and all other items required to satisfactorily perform all work necessary for the annual cleaning of various sized sanitary sewer and storm drain mains and laterals, sewer lift stations, siphons, flumes, grinders, root removal, conducting video inspections in addition to emergency response for the removal of debris obstructing sewer and storm drain lines. Contractor may be required to perform sewer video services in emergency or special circumstances. Contractor may be required to perform hydrovac excavation services in emergency or special circumstances.

There are approximately 125 miles of sanitary sewer collection pipe within the City of Norco. The City of Norco requires that the Collection System undergo complete cleaning every three (3) years. Contractor shall clean sanitary sewer and storm drain lines, and all necessary appurtenances as requested by staff in accordance with the provisions of these specifications.

All work shall be performed on City rights-of way or within City easements.

Each proposer shall be a licensed contractor pursuant to the Business and Professions Code and shall be licensed in the following appropriate classification(s) of contractor’s license(s), for the work bid upon, and must maintain the license(s) throughout the duration of the Contract.

1. GENERAL NOTIFICATIONS
A. The Contractor shall notify at least one of the following via phone call or email at least 48 hours prior to starting maintenance:

Derek Lacombe, Public Works Superintendent (951) 270-5605 Jeff Mushaney, Public Works Supervisor (951) 270-5602
Luke Matson, Collections Technician (951) 830-4421
Gonzalo Alaniz, Collections Technician (951) 202-6735

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Contractor shall provide to the Public Works Superintendent, schedules and locations of sewer lines and or lift stations to be cleaned and serviced. Contractor shall maintain a log of the maintenance dates at each lift station location.

Contractor shall be provided a map or digital device that identifies the manhole locations. The manhole ID shall be used on the work report and billing detail.

Failure to comply with these notification requirements will result in non-payment by the City for these services. A minimum 2-man crew is required for all sewer maintenance performed.

B. Contact Information for the Department of Public Works:

Shannon Dahl, Permit Technician (951) 270-5627
Valerie Lopez, Permit Technician (951) 270-5670

2. SANITARY SEWER AND STORM DRAIN CLEANING
Contractor may use hydraulic cleaning methods. Hydraulic cleaning may be by means of hydraulic controlled balling (under approved circumstances) or high velocity jet hydroflushing:

A. The equipment selected for the removal of liquids and/or solids by vacuum method shall be at the direction of the Contractor but with the approval of the Public Works Superintendent.

B. The equipment used by the Contractor shall be well maintained, neatly painted and meet certain standards. Adequate backup equipment must be available within a close proximity of the job site.

C. Whenever hydraulically propelled cleaning tools (which depend on water pressure to provide their cleaning force, or any tools which retard the flow of water in the sewer lines) are used, precautions shall be taken to insure that the water pressure created does not cause any damage of flooding to public or private property. Any damage resulting from this operation shall be repaired at the sole expense of the Contractor.

D. Whenever a sewer line is being cleaned which is within seven hundred feet (700’) upstream of a pump station, the Contractor shall notify the Public Works Superintendent, no less than 3 working days in advance.

E. All sludge, dirt, sand, rock, roots, grease, and other solid or semi-solid material resulting from the cleaning operations shall be removed at the downstream manhole of the manhole section being cleaned. Disposal of such debris shall be done at an appropriate site as directed by City personnel. Passing material from manhole section to manhole section or

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to the treatment plant which could cause stoppage of the lines, accumulation in wet wells or damage to pumping equipment, shall not be permitted. When hydraulic cleaning equipment is used, an approved trap shall be installed in the downstream manhole in such a manner that both solids and water shall be trapped. UNDER NO CIRCUMSTANCES SHALL

SEWAGE OR SOLIDS REMOVED BE DUMPED INTO THE STREET OR
DITCHES, CATCH BASINS, OR STORM DRAINS. Contractor shall comply with all current health and safety laws and regulations (Federal, State, County, City and Special Districts).

F. Contractor is required to use the appropriate nozzle or cutter head, (e.g. high velocity water jet, warthog, root cutter, etc.), to perform the sewer cleaning as required for the specified sewer line.

G. Contractor shall ensure that information can interface with City Information Technology – GIS Mapping Software as further outlined in Section 8.

H. All solids or semi-solids resulting from the sanitary sewer cleaning operation shall be removed from the line and must be properly disposed of by the contractor at an approved processing location. Contractor shall provide written notification to the City of the location solids and semi-solids will be processed. Storm drain debris may be disposed of at the City of Norco Public Works Field Office located at 1281 Fifth Street or other City location designated by staff.

3. SCHEDULING
The Contractor shall perform sewer cleaning services during the hours of 7:00 A.M. to 4:00 P.M., Monday through Thursday. When Contractor is working on major streets where traffic flow is heavy, Contractor will need to adjust working hours to accommodate working in these high traffic areas, or provide traffic control as required by the M.U.T.C.D.

Night work in residential areas is prohibited, unless requested by staff as an emergency.

The City reserves the right to re-arrange the Contractor’s schedule as needed to accommodate work by the City in the sewers. The City will provide a minimum of one (1) working day notice of a change to the Contractor’s schedule. Any costs resulting from changes to the schedule shall be borne by the Contractor.

4. SERVICE LEVELS
A. Manholes
All manholes are to be cleaned and inspected upon completion of line cleaning. This is to include ring and covers. Each manhole cover shall have a green dot spray painted in the center of the manhole lid to denote it has been cleaned. Manhole structural condition and flow direction shall be noted on the detail work report or City provided sewer maps. Any condition

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present that represents an apparent hazard to the public shall be immediately reported to the City.

B. Lift Stations
All Lift Stations are to be cleaned a minimum of two (2) times per year, with additional cleanings as needed and as determined by City. Operation normally involves skimming of the grease blanket, hosing down walls and breaking up solids and semi-solids at the bottom of the wet well with a water jet using the high pressure hose of a vactor truck and vacuum removal of all solids, sand and gravel from the floor of the lift station. All lift station cleaning shall also include the jetting of the inlet sewer main to the next upstream manhole. Contractor shall follow all applicable safety procedures as outlined in Section 12 of this Scope of Work. Contractor will be required to provide a minimum of 72 hours’ notice to the Public Works Superintendent or his/her representative prior to the cleaning of any lift station. Other Lift Stations may be added to this list by the City. Lift Station cleaning will be scheduled by the City. A City representative must be onsite during the cleaning.

The City of Norco maintains and operates twelve (12) sanitary sewer lift stations, one (1) flume and three (3) siphons, and one (1) auger/grinder assembly.

C. Auger/Grinder, Siphon, Flume
Using contractor supplied materials and equipment clean debris out of the auger/grinder channel, clean siphons and flumes as determined by the City.

Contractor shall follow all applicable safety procedures as outlined in Section 12 of this Scope of Work. Contractor shall give a minimum of 72 hours’ notice to the Public Works Superintendent prior to cleaning these facilities.

D. Routine Cleaning
Contractor is expected to clean approximately 190,000 LF of sanitary sewer line annually. Storm drain lines and catch basins shall be cleaned on an as-needed basis as directed by the Public Works Superintendent.

6. WATER
The City will provide fire hydrant water as needed for cleaning and other operations, as required by these specifications, however all water used must be metered at all times.

The Contractor shall provide all necessary trucks, backflow preventers, and hoses necessary to transport water from City hydrants. Should it be necessary to add make-up water for mechanical cleaning (i.e., balling), the Contractor shall provide for an air gap.

Backflow devices will not be accepted as an alternative, there will be NO EXCEPTIONS.

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7. MONTHLY REPORT
The Contractor is required to keep a daily log of cleaning operations. Said log shall state the date, location and linear footage of the sanitary sewer and storm drain lines cleaned and the location of manholes. The Contractor may use copies of the City’s Sewer System and Storm Drain Maps for this purpose.

Each month a Monthly Report shall be prepared from the daily log. Monthly reports shall be required prior to the 10th day of the following month. Reports shall include, all lines cleaned, sorted by pipe size, condition of manholes, all accelerated maintenance areas cleaned and lift stations and facilities cleaned. Report shall be submitted to the Public Works Superintendent along with the monthly invoice for cleaning services. All reports shall be formatted on an external hard drive that allows the City to upload data to its server. Any emergency video inspection services shall be digitally recorded also to an external hard drive.

8. DIGITAL FORMAT
Continuous digital recordings of the inspection view as it appears on the monitor shall be stored. It is intended that a digital recording will be made of the complete pipe inspection.

The recording shall also be used as a permanent record of defects. Unless directed otherwise by the City, the recording shall be WMV and shall comply with ISO/IEC 11172 WMV specifications. Should file sizes become too large, the Contractor may be required to switch and/or convert to WMV format to complete the scope of work of this Contract at no additional cost to the City. The digital encoding shall include both sound and visual information that can be reproduced with an image equal to the quality of the original picture on the monitor. Compression rate shall be 1.5 Mb/s. The operator will pause the digital recording at any time there is a delay in the inspection. The pause shall in no way affect, freeze or interrupt the replay of the video and shall not close the video file during the inspection. The operator shall store a single video file for each reach inspection. The recorded files shall have a minimum resolution on 352 pixels by 240 and an interlaced frame rate of minimum 24 frames per second. The data shall be time coded using the elapsed time from the video file. The naming of the video file shall be automatic and shall match the indexing file name.

For each recorded file, indexing shall exist as a separate text file. The text file shall include the observation detail and the frame number at which the observation is located.

The frame number shall be 150 to 200 frames prior to the feet distance the observation appears. This data should be able to be used with Windows Operating System, without any additional software programs. Data should be similar to AVI, text or MPEG files.

Separate MPEG files shall be created for each sewer line segment. In cases of reverse setup, such inspection shall be stored in a separate WMV file. WMV files and data inspection files shall be stored on external portable hard drive for delivery to the City.

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9. RESIDENT NOTIFICATION
The Contractor shall, at all times, act to minimize the impact of work on residences in the area, including noise and inconvenience of access to property. The Contractor shall be responsible for obtaining any local city permits needed to perform maintenance work on public streets prior to performing inspections. The Contractor shall notify the Public Works Superintendent when performing work between 4:00 pm and 7:00 am. No notification of residents shall be required provided the Contractor is successful in minimizing these impacts, as evidenced by the absence of complaints regarding the work.

After one complaint is received regarding the Contractor’s operations, resident notification by the Contractor of any work being performed outside of normal working hours (7:00 A.M. to 4:00 P.M., Monday through Thursday) shall become mandatory. In addition, the City may determine that resident notification is necessary in some cases even if no complaints are received. In these cases, the City shall provide the Contractor with a letter indicating the nature of the Contractor’s work, stating that the City has retained its services. The Contractor shall photocopy and distribute copies of the letter, at its own expense, to all residents that shall be impacted by the Contractor’s operations at least 24 hours in advance of performing work. The letter shall include the date and approximate times that work shall be performed. Hand delivered letters shall not be placed in mailboxes.

Should the City receive complaints about the Contractor’s field operations, the Contractor shall alter the procedures to mitigate those complaints. Costs to mitigate complaints shall be borne by the Contractor. The City may terminate the Contract if any additional complaint occurs.

If work is to be performed at night, noise is of special concern. The Contractor shall not use equipment that has sound levels above 83 dBA measured 10 feet away.

Meeting the maximum allowable noise level shall not excuse the Contract from further mitigation efforts if complaints occur at that noise level.

10. EMERGENCY NOTIFICATION
The Contractor shall immediately notify the City whenever any of the following conditions are discovered: damaged manhole cover, partial or total pipe blockage, partial or total pipe collapse, or missing piece of pipe (regardless of size). The Contractor shall contact the Maintenance Division following contacts:

Derek Lacombe, Public Works Superintendent (951) 258-7029 After Hours Standby – 1st Responder (951) 371-1143
In the event of an emergency after normal business hours, the Contractor shall follow the emergency procedures on the recorded message. The DVD and field log for the section with the damage shall be provided for City review within 24 hours or at the request of the

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City. Should the Contractor fail to notify the City of the conditions noted above within the specified timeframe, the Contractor shall be liable to the City for liquidated damages in the sum of $250 per calendar day for the period from the expiration of said 24-hours until the date of delivery for failed notification or failed delivery of the DVD. Additionally, the City may terminate the Contract for lack of notification.

In the event of a sewer blockage resulting from Contractor error, the Contractor shall immediately notify the Public Works Department. Contractor error may include the failure to use equipment in an appropriate manner or the failure to take precautions normally used when televising sewers. If this blockage requires the City to respond to the emergency created, the Contractor may be charged for the City’s costs to assist with and/or correct the emergency, and report any overflow to the appropriate authorities. In addition, any fines associated with the overflow shall be borne by the Contractor.

11. EMERGENCY CALL OUT
During the course of a normal business day, during normal business hours, Contractor will be required to respond to emergency situations as determined by the City.

Contractor must provide City after hours contact phone numbers that will be answered in person by Contractor Staff. Contractor must guarantee a one (1) hour response time for emergency call outs by City. Contractor required to respond to Emergency After-Hours Call Out with sewer cleaning truck and may be required to provide video inspection of section of sewer line cleaned for this emergency. This will verify that the obstruction caused by the sewer blockage has been properly cleared or to determine if there is maintenance issue requiring repairs.

12. SAFETY
A. Site Health and Safety Requirements
This section sets forth the City’s policy regarding health and safety and specifies the Contractor’s responsibility for maintaining safe work practices at the work site.

It also serves to disclose to the Contractor any site conditions that might raise health and safety concerns that are unusual or unique to the City’s operation.

Contractor shall follow all Cal-OSHA rules and regulations.

Contractor is required to follow all confined space entry requirements.

It is the responsibility of the Contractor to protect its employees, sub-contractors, and suppliers, and to provide a safe work environment.

B. Health and Safety Information
The Contractor shall, by means of a qualified person who is knowledgeable in the requirements of the applicable regulations, certify that the requested environmental health and safety programs are compliant with regulatory requirements. The Contractor shall deliver to the office of the Director of Public

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Works a copy of all applicable environmental health and safety program within fifteen (15) days from the issuance of a Purchase Order.

C. Safety Equipment
The Contractor shall be required to provide employees with the necessary safety equipment and Personal Protection Equipment and to operate and maintain its own safety equipment. Safety equipment includes, but is not limited to the following:
• Tripods for confined space entries
• Harnesses
• Respiratory protective equipment
• Personal protective equipment (safety glasses, gloves, hard hats, wet weather equipment, etc.)
• Gas detection equipment and atmospheric assessment
• Other equipment necessary to safely complete the project D. Pre-Construction Safety Meeting
Prior to the issuance of the Notice to Proceed, the Contractor’s designated Health and Safety Representative shall meet with the City’s designated Representative in a Pre-Construction Safety Meeting for the purpose of reviewing safety procedures and other pertinent safety information that shall aid in ensuring safe project completion.

E. Hazard Disclosures Relevant to Contractor Work Site
There are many intrinsically hazardous areas associated with sanitary sewers.

The following types of hazardous conditions exist in the vicinity of the work site and it is expected that the Contractor may be exposed to them:

Confined Space. Confined spaces pose potential toxic hydrogen sulfide gas, explosive sewer gas, and/or oxygen deficiency hazards. Entry into all of the above spaces is allowed only through compliance with a permit space program meeting the requirements of Title 8 of the California Code of Regulations, Section 5157. Entry into any City facility that is marked as or suspected to be a confined space shall be by permit only. The Contractor shall complete the necessary permit for entry into these spaces.

Contractor is required to take a sample of atmosphere under lid of the manhole prior to opening up manhole.

Drowning. Active sewers pose drowning hazards. Sewers that appear to have very low flow may become flooded very quickly, especially when a pump station is located

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upstream. Some manholes do not have structurally sound ladders to facilitate ingress and egress. Precautions shall be taken to prevent personnel from falling into sewers and personnel working in the sewer on a confined space permit shall be quickly retrievable.

Hydrogen Sulfide. Hydrogen sulfide is an acute respiratory hazard with a Permissible Exposure Limit (PEL) of 10 ppm and an Immediately Dangerous to Life and Health (IDLH) level of 300 ppm.

Hydrogen sulfide gas is found in air spaces above raw wastewater. Hydrogen sulfide is most often a hazard in poorly ventilated confined spaces as it is produced in anaerobic areas. Positive ventilation is required to protect work areas even in large open trench excavation areas. Sewer atmospheres should be ventilated from existing manholes upstream and downstream from the work area (when available). Hydrogen sulfide gas concentrations in the work areas shall be maintained below the 10 ppm eight (8) hour exposure limit, and shall be monitored continuously. Work in atmospheres containing greater than 10 ppm hydrogen sulfide shall not be permitted without the use of supplied air respirators.

Biological Hazards. Pathogenic bacteria and viruses are present in wastewater. Proper hygiene shall be practiced to prevent ingestion or inhalation of aerosols from the wastewater. Proper hygiene practices include, but are not limited to: washing hands with soap and water prior to eating or smoking; wearing appropriate personal protective equipment to minimize exposure to wastewater and aerosols; and avoidance of rubbing eyes, ears, nose or mouth with hands while in the field.

Should the Contractor, while performing work on or in the vicinity of existing facilities, encounter and have reason to believe that any substance may be a hazard to human health and safety and/or the environment, the Contractor shall stop the work, cordon off the affected area to deny entry and immediately notify the City. The City shall provide direction to Contractor as to how to proceed.

F. Public Safety
The Contractor shall never leave an open manhole unattended or leave any item unattended in any manhole or sewer line. All equipment shall be removed from the line at the end of each work session. The Contractor shall perform all work in the safest possible manner. The City may make unannounced inspections to ensure compliance with safety requirements. If the City determines the Contractor to be working in an unsafe manner the Contractor shall be terminated.

G. Traffic Control
All costs for labor, equipment, and materials required to establish traffic control for both routine and emergency work shall be included in the Contract price.

Traffic control shall be established by the Contractor and shall conform to requirements of the latest “Manual of Traffic Controls for Construction and Maintenance Work Zones: issued by the State of California Department of

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Transportation, or the latest Manual on Uniform Traffic Control Devices (“MUTCD”). Contractor shall follow all Cal-OSHA rules and regulations.

H. Health and Safety Deliverables
The Contractor shall submit the health and safety program to the City within fifteen (15) working days from the issuance of a Purchase Order. The Contractor shall not commence work until the City receives the program. However, the City may issue a Notice to Proceed to begin the Contract time prior to receipt of the Health and Safety Plan. The Contractor shall be responsible for all delays resulting from failure to submit the plan. The submittal shall include:
• Written Health and Safety Program
• Contractor is required to provide the City with a printed and also a digital copy of their confined space entry procedures and emergency rescue plan. • MSDS’s for all hazardous materials to be used by the Contractor.

12. MEASUREMENT FOR PAYMENT
A. Regular Service: This service will be measured for payment by the total number of linear feet cleaned or number each of items cleaned as listed in Proposal Bid Sheet.

B. Additional Services: Emergency Responses will be paid on an hourly basis as listed in Proposal Bid Sheet.

13. PAYMENT FOR SERVICE
A. Regular Service: The Contractor must invoice the City on a monthly basis for the amount of service actually performed. The Contractor invoices shall state the linear footage of sewer line and storm drain line cleaned; number each of catch basins, lift stations, grinders, siphons, flumes cleaned and location for each.

B. Additional Services: The contractor must invoice the City on a monthly basis for all additional services. The invoice must state: the type of service (emergency, video inspection, etc.), and the person who requested the service. Upon request, the Contractor shall submit, along with the monthly payment requests, payroll records of each and every employee who worked in the field on activities associated with execution of this contract.

Information submitted shall include name, title, rate of pay, total weekly pay, hours worked each day, and indication of the number of hours worked during the week by each person on each district activity, whether or not related to this contract.

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14. License, Permits, Fees, and Assessments
The Contractor shall obtain as its sole cost and expense such license, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend, and hold levied, assessed, or imposed against City hereunder.

15. INSURANCE
Contractor agrees to indemnify, defend and hold harmless the City of Norco and all its officers and agents from any claims, demand or causes of action, including related expenses, attorney’s fees, and costs, based on arising out of, or in any war related to the work undertaken by Contractor hereunder. The liability insurance coverage values are described in the draft contract attached herein.

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CITY OF NORCO

SANITARY SEWER AND STORM DRAIN MAINTENANCE SERVICE PROPOSAL FISCAL YEAR 2024-2025

PROPOSAL FORM

ITEM QUANTITY UNIT DESCRIPTION OF ITEMS

WITH UNIT PRICE WRITTEN

IN WORDS
UNIT

PRICE IN

FIGURES
TOTAL

1. 130,000 LF
Cleaning 4” – 12” sewer pipe,
majority of footage will be in this
size range, at_______________
_________________ per Linear
Foot
$ $

2. 50,000 LF
Cleaning 12” – 27” additional
sewer pipe sizes, at__________
_________________per Linear
Foot
$ $

3. 12 EA
Lift Station Cleaning: Depth 5’ to
30’ various sizes 2 times per
year, at___________________
_________________ per Each
$ $

4. 650 LF
Clean 18” to 36” storm drain
pipe, various sizes 1 time per
year, at___________________
_________________ per Linear
Foot
$ $

5. 30 EA
Clean 4’ to 14’ wide by various
depth catch basin, 1 time per
year, at___________________
_________________ per Each
$ $

6. 190,000 LF
Video Inspection Services, All
pipe sizes – 4” to 27”,
at________________________
_________________per Linear
Foot
$ $

7. 1 HR
Vacuum Excavation Services,
at________________________
_________________per hour
$ $

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PROPOSAL BID SHEET

SANITARY SEWER AND STORM DRAIN EMERGENCY MAINTENANCE SERVICES (CLEANING OR EXCAVATION)
FISCAL YEAR 2024-2025

8. 2 Hour
Emergency Response Hourly
Rate – (two hour Minimum) –
Nights (4 PM to 7 AM), at_____
______________________ per
Hour
$ $

9. 2 Hour
Emergency Response Hourly
Rate, Holidays and Weekends
(two hour Minimum),
at_______
______________________ per
Hour
$ $
TOTAL: $____________________________________
TOTAL AMOUNT IN WORDS: $ ____________________________________ ______________________________________
______________________________________
Bidders Name and Telephone Number
NOTE: The unit price must be written in words and also shown in figures. The total price must be extended for each item of work, and the total of all items inserted in the space provided.

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CITY OF NORCO

SANITARY SEWER AND STORM DRAIN MAINTENANCE SERVICE PROPOSAL FISCAL YEAR 2025-2026

PROPOSAL FORM

ITEM QUANTITY UNIT DESCRIPTION OF ITEMS

WITH UNIT PRICE WRITTEN

IN WORDS
UNIT

PRICE IN

FIGURES
TOTAL

1. 130,000 LF
Cleaning 4” – 12” sewer pipe,
majority of footage will be in this
size range, at_______________
_________________ per Linear
Foot
$ $

2. 50,000 LF
Cleaning 12” – 27” additional
sewer pipe sizes, at__________
_________________per Linear
Foot
$ $

3. 12 EA
Lift Station Cleaning: Depth 5’ to
30’ various sizes 2 times per
year, at___________________
_________________ per Each
$ $

4. 650 LF
Clean 18” to 36” storm drain
pipe, various sizes 1 time per
year, at___________________
_________________ per Linear
Foot
$ $

5. 30 EA
Clean 4’ to 14’ wide by various
depth catch basin, 1 time per
year, at___________________
_________________ per Each
$ $

6. 190,000 LF
Video Inspection Services, All
pipe sizes – 4” to 27”,
at________________________
_________________per Linear
Foot
$ $

7. 1 HR
Vacuum Excavation Services,
at________________________
_________________per hour
$ $

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PROPOSAL BID SHEET

SANITARY SEWER AND STORM DRAIN EMERGENCY MAINTENANCE SERVICES (CLEANING OR EXCAVATION)
FISCAL YEAR 2025-2026

8. 2 Hour
Emergency Response Hourly
Rate – (two hour Minimum) –
Nights (4 PM to 7 AM), at_____
______________________ per
Hour
$ $

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CITY OF NORCO

SANITARY SEWER AND STORM DRAIN MAINTENANCE SERVICE PROPOSAL FISCAL YEAR 2026-2027

PROPOSAL FORM

ITEM QUANTITY UNIT DESCRIPTION OF ITEMS

WITH UNIT PRICE WRITTEN

IN WORDS
UNIT

PRICE IN

FIGURES
TOTAL

1. 130,000 LF
Cleaning 4” – 12” sewer pipe,
majority of footage will be in this
size range, at_______________
_________________ per Linear
Foot
$ $

2. 50,000 LF
Cleaning 12” – 27” additional
sewer pipe sizes, at__________
_________________per Linear
Foot
$ $

3. 12 EA
Lift Station Cleaning: Depth 5’ to
30’ various sizes 2 times per
year, at___________________
_________________ per Each
$ $

4. 650 LF
Clean 18” to 36” storm drain
pipe, various sizes 1 time per
year, at___________________
_________________ per Linear
Foot
$ $

5. 30 EA
Clean 4’ to 14’ wide by various
depth catch basin, 1 time per
year, at___________________
_________________ per Each
$ $

6. 190,000 LF
Video Inspection Services, All
pipe sizes – 4” to 27”,
at________________________
_________________per Linear
Foot
$ $

7. 1 HR
Vacuum Excavation Services,
at________________________
_________________per hour
$ $

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PROPOSAL BID SHEET

SANITARY SEWER AND STORM DRAIN EMERGENCY MAINTENANCE SERVICES (CLEANING OR EXCAVATION)
FISCAL YEAR 2026-2027

8. 2 Hour
Emergency Response Hourly
Rate – (two hour Minimum) –
Nights (4 PM to 7 AM), at_____
______________________ per
Hour
$ $

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ATTACHMENT A
(Cleaning Schedule)

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SEWER COLLECTION SYSTEM

CLEANING SCHEDULE
FISCAL YEARS 2021-22 TO 2023-24

SEWER CLEANING BY ZONE
The City of Norco has developed a new Sewer System map that divides up the system into three distinct zones for cleaning and video inspection over a 3-year period.

Contractor shall clean only one zone annually beginning with the Northwest Zone, then Northeast Zone, and then South Zone.

TO BE CLEANED ANNUALLY WITH VIDEO INSPECTION
Trunk line that runs from Valley View/3
rd to Flume 14 starting at SMH 00502 – approx.
14,000 feet – this area to be ran at low flow periods
Second trunk line under the freeway, from Valley View/Hilltop approx. 1500 feet – starting at manhole SMH01679 this area to be ran at low flow periods TO BE CLEANED TWICE ANNUALLY (SEPTEMBER AND MARCH) – NO VIDEO

INSPECTION
All lift stations (12) and the CRC auger grinder – all lift station and auger cleanings include 300 feet of inlet line jetting
Parkridge siphon
Flume 14 siphon

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ATTACHMENT B
(Sample Sewer Map)

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CITRUS ST
MAIN
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NORCO

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AVE

FAIRVIEW DR

H ARNESS LN
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TOUCAN
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TEMESCAL AVE
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SIERRA
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STETSON DR
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MNER AVE

RI M CREST DR

AZTECLN

BELG IAN DR

ALHAMBRA ST
5TH ST
CORONA
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NORCO DR
PALIDR
1ST ST

WESTERN AVE

CRESTVIEW
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PENROSE
DR

CORYDON AVE

THOROUG H B RED LN

PASO DR

CAVALETTI
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KIPS

KORNER RD
GRULLA
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RIDING
RINGRD
DENISE
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MOUNT SHASTA DR

CORIANDER
CIR

BLUFF ST
7TH ST

RESERVOIR DR

NORMANDY
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SUNDANCE LN
6TH ST
PALA

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WHITMAN
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ANDALUSAI N
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KERN RIVER DR

CEDAR AVE

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TEMESCAL AVE
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DOLLY CT

DALES DR

VINE AVE

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7TH
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BUCKSKIN LN

FOURWHEEL DR

ROSE CT
5 TH
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7TH
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ACRE ST

TONTOBAR LN

COUNTRY

CLUB DR

RIVER RD

VALL EYD R

HEMINGWAY DR
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M3 N3 O3 P3
L4 M4 N4 O4 P4
K5 L5 M5 N5 P5
J6 K6 L6 M6 N6 O6 P6
J7 K7 L7 M7 N7 O7 P7
I8 J8 K8 L8 M8 N8 O8 P8
I9 J9 K9 L9 M9 N9 O9 P9
I10 J10 K10 L10 M10 N10 O10 P10
K11 L11 M11 N11 O11 P11
K12 L12 M12 N12 O12 P12
K13 L13 M13 N13
P2
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Sources: Esri, HERE, DeLorme, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, MapmyIndia, © OpenStreetMap contributors, and the GIS User Community

CITY OF NORCO

SEWER CCTV ATLAS
q
Legend
ä[ Lift Station
Wg Discharge Structure
Q3 Treatment Plant
<all other values>
CCTV Areas
Not In Scope
NE
NW
S
Atlas Grid

THIS MAP IS NOT AN OFFICAL RECORD OF THE CITY BUT IS

COMPILED FROM DATA FURNISHED BY PRIVATE CONTRACTORS
AND OTHER SOURCES. LOCATIONS AND SIZE OF WATER MAIN,

LATERALS, VALVES, AND OTHER RELATED FACILITIES ARE SHOWN BASED ON THESE SOURCES. THIS INFORMATION IS FURNISHED TO ANY

PERSON STRICTLY AS A CONVENIENCE AND THE CITY DOES NOT ASSUME ANY RESPONSIBILITY FOR THE ACCURACY AND COMPLETENESSS.

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5055
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4970
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BLUFF ST

STAGECOACH DR

WHITMAN WAY
VISTA
CT

BOWDOIN ST

HEMINGWAY DR

LOOKOUT
PT

TRAIL ST

CARRIAGE LN
CORRAL
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ROUNDUP
RD
SMH00004
SMH00005
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SMH00016
SMH00017
SMH00018
SMH00019
SMH00020
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SMH00022
SMH00023
SMH00024
SMH00025
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SMH00033
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SMH00042
SMH00043
SMH00044
SMH00045
SMH00046
SMH00047
SMH00048
SMH01048
SMH01050
SMH02143

CITY OF NORCO

SEWER CCTV ATLAS
q
300 150 0 300
Feet
Legend
2!! Manholes
ä[ Lift Station
Wg Discharge Structure
Q3 Treatment Plant
<all other values>
CCTV Areas
Not In Scope
NE
NW
S
Atlas Grid
Owner Parcels

THIS MAP IS NOT AN OFFICAL RECORD OF THE CITY BUT IS

COMPILED FROM DATA FURNISHED BY PRIVATE CONTRACTORS
AND OTHER SOURCES. LOCATIONS AND SIZE OF WATER MAIN,

LATERALS, VALVES, AND OTHER RELATED FACILITIES ARE SHOWN BASED ON THESE SOURCES. THIS INFORMATION IS FURNISHED TO ANY

PERSON STRICTLY AS A CONVENIENCE AND THE CITY DOES NOT ASSUME ANY RESPONSIBILITY FOR THE ACCURACY AND COMPLETENESSS.

H10
H10
H9
H11 I11
I9
I10
PRINT DATE: 7/30/2018
BASE UPDATES: 2017

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EXHIBIT B
Proposal Document

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GENERAL LIABILITY ENDORSEMENT

CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5678
A. POLICY INFORMATION Endorsement # ________________________

1. Insurance Company ____________________________________________ Policy Number _____________________

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

3. Named Insured _______________________________________________

4. Address of Named Insured
_____________________________________________________________ _____________________________________________________________

5. Limit of Liability Any One Occurrence/Aggregate
$______________________________ /_____________________________

6. Deductible or Self-Insured Retention (Nil unless otherwise specified):
______________________________________________

7. Coverage is equivalent to:

Comprehensive General Liability Form GL0002 (Ed. 1/73)
______________________________________________
Commercial General Liability “Occurrence” Form CG0001
______________________________________________

8. Bodily Injury and Property Damage Coverage is:
____________________________________”occurrence”
Note: The City of Norco standard insurance requirements specify “occurrence” coverage. “Claims-made” coverage is not acceptable. If commercial general liability form or equivalent is used, the general aggregate must apply separately to this location/project or the general aggregate must be twice the occurrence limit.

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9. Description of Project:

The City of Norco Sanitary Sewer and Storm Drain Maintenance Multi-Year Contract will provide sanitary sewer and storm drain maintenance services. The contractor shall provide all labor, equipment, tools, fuel, materials, disposal, insurance, supervision, and all other items needed to deliver excellent sanitary sewer and storm drain maintenance services.

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

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

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

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(3) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding Sections (1) and (2).

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

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

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D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE

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AUTOMOBILE LIABILITY ENDORSEMENT

CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5678
A. POLICY INFORMATION Endorsement #_____________________

1. Insurance Company _____________________________________________ Policy Number _____________________

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

3. Named Insured________________________________________________

4. Address of Named Insured________________________________________

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

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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).

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

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WORKER’S COMPENSATION/EMPLOYER’S LIABILITY ENDORSEMENT

CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5678
A. POLICY INFORMATION Endorsement # ________________________

1. Insurance Company ____________________________________________ (“the Company”)
Policy Number _________________________________________________

2. Effective Date of this Endorsement ________________________________

3. Named Insured_________________________________________________

4. Employer’s Liability Limit (Coverage B)______________________________ B. POLICY AMENDMENTS
In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:
(1) Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.
(2) Waiver of Subrogation. The Insurance Company agrees to waive all rights of subrogation against the City of Norco, its elected or appointed officers, officials, agents and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the City of Norco.

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C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE

INSURER
I, _______________________, warrant that I have authority to bind (Print/Type Name)
the below-listed insurance company and by my signature hereon do so bind this company.

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City Council

STAFF REPORT
Date: June 5, 2024 Agenda Item:

3.I.

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

Approving Multiple Vendors to Provide Waterworks Parts Supplies for Fiscal Year 2024- 25 RECOMMENDATION:

Authorize the City Manager to issue open purchase orders for the waterworks parts supplies in a not-to-exceed cumulative amount of $250,000 for Fiscal Year 2024-25.

SUMMARY:

The Public Works Department previously sought and obtained annual 12-month quotes for waterworks supplies and hardware. However, due to multiple years of supply chain issues, delays and frequent price increases from suppliers, vendors are still unwilling to provide yearlong price guarantees. The benefit of annual fixed pricing is likely no longer going to available going forward and parts will just need to be as needed based on pricing available at the time. Public Works is requesting that City Council authorize an open purchase order in the amount not to exceed $250,000 to be split amongst vendors Ferguson Waterworks, Core & Main, Yofire, and United Water Works for fiscal year 2024-25.

BACKGROUND:

The Public Works Department annually seeks 12-month quotes for waterworks supplies and hardware. The goal is to obtain quotes for nearly 300 water works items and each vendor agrees to hold this pricing for the full fiscal year. During fiscal years 2021 though 2023, ongoing material shortages, shipping delays, and fluctuations in pricing resulted in the traditional vendors that reply to the City's requests for quotes unable to provide any guaranteed pricing beyond 30 days. In fiscal year 2023-24, the supply chain situation for waterworks supplies improved but no vendors would provide price guarantees beyond 30 days. For fiscal year 2024-25, staff once again requested annual part quotes but waterworks suppliers still are not willing to provide long term pricing

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(max 90 days). This is likely going to be the new normal for vendors each year moving forward.

Despite not having any guaranteed pricing, Public Works still needs to purchase parts on a weekly basis and is requesting that City Council authorize an open purchase order in the amount not to exceed $250,000 to be split amongst our existing vendors including Ferguson Waterworks, Core & Main, and United Water Works. Public Works has also found another vendor called Yofire that has proven to be a good resource for parts and materials. Each vendor's parts supply warehouse is located within a reasonable driving distance to the City (Ferguson - Riverside, Core & Main - Perris, Yofire - Stanton, United - Riverside) and offers after-hours assistance when parts are needed. For routine purchases of parts to restock the warehouse, staff will make every effort to contact each vendor to obtain costs prior to purchasing parts but there will be emergency instances that require parts to be obtained based on availability versus pricing.

FISCAL IMPACT:

Funding for the annual purchase of miscellaneous waterworks parts supplies is included in the proposed FY 2024-25 Water Operations Fund Budget.

RELATIONSHIP TO STRATEGIC PLAN:

The annual funding for purchase of waterworks supplies is consistent with Strategic Direction No. 5 - Infrastructure & Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.

REVIEWED AND APPROVED BY:

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

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City Council

STAFF REPORT
Date: June 5, 2024 Agenda Item:

3.J.

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

Approval of Contract for Design Services for PFAS Treatment System for Groundwater Wells
RECOMMENDATION:

Approve a contract with NCS Engineers for design services to add Per- and Polyfluoroalkyl Substances (PFAS) treatment system to the existing Bluff Groundwater Treatment Plant and authorize the City Manager to issue a purchase order in the amount not to exceed $669,027.

SUMMARY:

PFAS is the latest emergent chemical that has impacted groundwater resources across the country. PFAS are a large group of synthetic fluorinated chemicals widely used in industrial processes and consumer products. Studies indicate that continued exposure to low levels of PFAS may result in adverse health effects. The USEPA has adopted new maximum levels for PFAS in drinking water that will require the City develop a treatment system to remove PFAS from groundwater wells. Staff is recommending the City Council accept the proposal for design services from NCS Engineers and award a contract in the amount not to exceed $669,027.

BACKGROUND:

PFAS are a series of manmade chemical compounds that persist in the environment for long periods of time. They are often called “forever chemicals.” For decades PFAS chemicals have been used in industry and consumer products such as nonstick cookware, waterproof clothing, and stain resistant furniture. These chemicals have been important for certain industries and uses, but the latest science shows that these chemicals are harmful to our health. On July 13, 2018, the State Water Resources Control Board’s (SWRCB) Division of Drinking Water (DDW) issued a drinking water notification level (NL) of 14 ppt for PFOA and a NL of 13 ppt for PFOS. On February 6,

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2020, DDW released a new set of response level of 10 ppt for PFOA and 40 ppt for PFOS.

Recently, USEPA established legally enforceable limits for six PFAS compounds known to occur individually and/or as mixtures in drinking water. EPA will regulate five PFAS individually. They are PFOA, PFOS, PFNA, PFHxS, and HFPO-DA. EPA will regulate four PFAS as a mixture: PFHxS, PFNA, HFPO-DA, and PFBS. The SWRCB is anticipated to make a determination by the end of 2024 to adopt the USEPA standards for PFAS or develop even stricter requirements.

Water systems must take action to reduce the levels of these PFAS in drinking water if the level of PFAS in their drinking water exceeds regulatory standards. Water treatment technologies exist to remove PFAS from drinking water including granular activated carbon, reverse osmosis, and ion exchange systems. EPA’s final rule does not dictate how water systems shall remove these contaminants but allows water systems to determine the best solutions for their communities.

PFAS monitoring has been conducted on City groundwater wells since 2020 and PFAS has been detected in all four of the City's wells. Well No. 14 was shut down due to increasing levels of PFAS and low water production. Wells No. 12, 13 and 15 are critical sources of water and have detections of PFAS under the current State standards and can be used for potable water. However, under the new USEPA requirements the maximum levels for PFAS are so low that treatment is now required.

Therefore, staff reached out to consultants that had already begun design work on treatment system for PFAS for other water agencies. The City received two proposals for design services to help the City develop a treatment system for PFAS that could be integrated into the existing Bluff St Groundwater Treatment System (iron, manganese, and arsenic). The design work will be conducted in two phases. The first phase is meant to conduct a Preliminary Design Review which will analyze the water to be treated, the various technologies available, and the costs associated with construction and annual maintenance for each treatment option. This process is done so the City can review the potential costs for each treatment option before moving forward with actual design. Once a treatment method is selected, the final design work will be conducted to produce a biddable set of plans and specifications.

Two proposals were received as follows:

Consultant Cost
NCS Engineers $669,207
Hazen $718,565
Public Works has reviewed both proposals to ensure they meet the overall scope required for the project. While both design firms can adequately complete the scope required, NCS Engineers was rated as the preferred consultant for three factors: overall treatment concepts provided, cost for services, and general availability and responsiveness.

FISCAL IMPACT:

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The PFAS Groundwater Treatment Project is included as a Capital Improvement Project (CIP) in the Water Fund for Fiscal Year 2024-25. Funds in the amount of $900,000 will be available July 1, 2024. No billable work for the project will be conducted until after July 1, 2024.

RELATIONSHIP TO STRATEGIC PLAN:

The approval of the design services for the PFAS Groundwater Treatment Project is consistent with Strategic Plan Goal No. 5 - Infrastructure & Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.

REVIEWED AND APPROVED BY:

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

NCS Engineers Contract

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CITY OF NORCO

ENGINEERING AND DESIGN SERVICES CONTRACT

FOR PFAS GROUNDWATER TREATMENT PROJECT

1. Parties and Date.

This Agreement is made and entered into this 5th day of June, 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 NCS Engineers, a corporation with its principal place of business at 1200 Main, Suite D, Irvine, CA 92614 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. Recitals.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the design services on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing engineering and design services to public clients, that it and its employees or subconsultants have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of the City.

2.2 Project.

Consultant desires to engage the City to render such design services “Services” for the PFAS Groundwater Treatment Project (“Project”) as set forth in this Agreement.

3. Terms.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to provide the Services outlined by the PFAS Groundwater Treatment Project. The Project is more particularly described in Exhibit A attached hereto and incorporated herein by reference. All engineering and design services shall be subject to, and performed in accordance with this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. The Consultant shall not conduct any work unless provided written direction by the City and cannot be exceeded without written approval of the City.

3.1.2 Term. The terms of this Agreement shall begin at the Notice to proceed and shall extend 20 months or through closeout of the construction of the new treatment system.

Consultant shall complete the Project within the term of this Agreement and shall meet any other established schedules and deadlines.

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3.2 Responsibilities of Consultant.

3.2.1 Control and Payment of Subordinates; Independent Consultant. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent Consultant basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Project Timeframe set forth herein. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s Requests in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Project timeframe.

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

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

3.2.5 Consultant’s Representative. Consultant hereby designates Joon Min – President of Global Water Practice, or his designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, 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 Services under this Agreement.

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

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

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subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-Consultants 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 perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

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

3.2.9 Insurance.

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

3.2.9.2 Minimum Requirements. Throughout the life of this Contract, Consultant shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or (ii) as may be authorized in writing by City Manager or his/her designee at any time and in his/her sole discretion. The following policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than the following:
$2,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury

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$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) PROFESSIONAL LIABILITY (Errors and Omissions) insurance with limits of liability of not less than $2,000,000
Consultant shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Consultant shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee 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) Consultant 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, Consultant shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Consultant shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.

The General Liability and Automobile Liability insurance policies shall be written on an occurrence form. The General Liability (including ongoing operations and completed operations), Automobile Liability insurance policy shall name City, its officers, officials, employees and agents as an additional insured. All such policies of insurance shall be endorsed so Consultant’s insurance shall be primary and no contribution shall be required of City, its officers, officials, employees and agents. 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 Consultant 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 Consultant.

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

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(i) The retroactive date must be shown, and must be before the effective date of the Contract or the commencement of work by Consultant. (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, Consultant 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.

Consultant shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City’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, Consultant 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, Consultant or any of its subconsultants 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 Consultant shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Contract. No action taken by City hereunder shall in any way relieve Consultant of its responsibilities under this Contract.

The fact that insurance is obtained by Consultant shall not be deemed to release or diminish the liability of Consultant, including, without limitation, liability under the indemnity provisions of this 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 Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Consultant, its principals, officers, agents, employees, persons under the supervision of Consultant, vendors, suppliers, invitees, 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 Consultant shall promptly reconstruct, repair, replace, or restore all work or materials so destroyed or injured at his/her sole cost and expense. Nothing

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herein provided for shall in any way excuse the Consultant 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 Consultant should subcontract all or any portion of the services to be performed under this Contract, Consultant shall require each subconsultant 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 subconsultants' certificates and endorsements shall be on file with Consultant and City prior to the commencement of any work by the subconsultant.

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

3.3 Fees and Payments.

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

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

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses or work completed unless said work was requested and authorized in writing by City.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

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

3.3.5 Prevailing Wages. Consultant 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"

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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, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant 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 Consultant's principal place of business and at the project site. Consultant 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. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.

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

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

Consultant:

NCS Engineers
1200 Main, Suite D
Irvine, CA 92614
Attention: Joon Min – President of Global Water Practice

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City:

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

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

3.5.5 Indemnification.
(a) Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend, and hold harmless CITY and any and all of its officials, employees, and agents from and against any and all losses, liabilities, damages, costs, and expenses, including attorney's fees and costs to the extent the same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant, its officers, agents, employees, or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this AGREEMENT. (b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless CITY and any and all of its employees, officials, and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, whether actual, alleged, or threatened, including attorney's fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of," pertain to, relate to, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this AGREEMENT by Consultant or by any individual or entity for which Consultant is legally liable, including, but not limited to, officers, agent, employees, or subconsultants of Consultant.

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.

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

3.5.12 Consultant; 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 deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

3.5.13 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. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.

Consultant further agrees to file, or shall cause its employees or subconsultants 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

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

3.5.19 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake selfinsurance 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. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

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

3.6 Subcontracting.

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

Name of Consultant: NCS Engineers
*By:
__________________________________________
Signature
_________________________________________
Joon Min – President of Global Water Practice

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OWNER: CITY OF NORCO, a municipal corporation
*By:
_________________________________________
Kevin Bash, Mayor
ATTEST:
__________________________________________
Dana Roa, CMC, City Clerk
APPROVED AS TO FORM:
__________________________________________
Colin Burns, City Attorney

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Exhibit A
Scope of Work
PFAS Groundwater Treatment Project
(See Consultant Proposal)

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1 Proposal to Provide Engineering and Design Services for the City of Norco’s Water Treatment Improvements for PFAS NCS Engineers
March 15, 2024
Revision v1 May 6, 2024
“The information in this document is proprietary and confidential and of significant economic value to the proposed project team. It is intended to be used only for informational purposes and to evaluate our qualifications to provide services. It should not be duplicated, used, or disclosed in whole or in part for any purpose other than to evaluate this document.”

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1 NCS Engineers
1200 Main, Suite D
Irvine, CA 92614
March 15, 2024
City of Norco Public Works
2870 Clark Avenue, Norco, CA 92860
Attention: Mr. Chad Blais
Director of Public Works
Subject: Proposal to Provide Engineering and Design Service for the City of Norco’s Water Treatment Improvements for PFAS
Dear Mr. Blais:

Thank you for allowing the NCS Engineers (Consultant) to help the City of Norco’s (City) water treatment improvement project. Our team members have in-depth knowledge of the PFAS and other contaminant treatment issues to cost-effectively integrate the project with the existing facility at the City’s well site. Presented herein is our proposal to provide engineering and design services to complete the project. As needed, the scope of work can be adjusted to meet the City’s budget requirement.

As mentioned, the team members have worked on PFAS treatment projects for several years for many clients to provide recommendations for future upgrades and accommodate the proposed treatment option to minimize the cost of implementing and integrating the groundwater treatment systems for the client’s needs.

This proposed project consists of the feasibility study in Phase I, the design phase for the treatment system in Phase II, and assistance with the bid in Phase III.

With our expertise in water treatment design, construction, electrical systems, instrumentation, control, and software, our team has helped clients achieve similar treatment goals. Our core team members have performed similar engineering tasks using GAC, ion exchange resin, and other media for a number of clients and understand the requirements for the project implementation. We will factor these into our design approach.

In fact, our team helped the City of Arcadia with their 3,000 gpm GAC-based system for Perand poly-fluoroalkyl substances (PFAS) and TCE compliance and worked with the City of Corona on PFAS and 1,2,3 TCP treatment at multiple sites. Our expertise in these areas will help the City comply with treatment goals at the wellhead for the City-wide compliance.

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2 BACKGROUND
PFAS are a group of highly resilient manmade chemicals that have been used for a variety of often-used products, including carpeting, upholstery, and fire-fighting foam. In recent years, PFAS has been demonstrated to cause a health hazard to humans, and their once highly desired resilience now poses a problem due to their ability to persist in the environment if untreated. In 2016, the U.S. Environmental Protection Agency (USEPA) issued Lifetime Health Advisory levels for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS), the two most commonly detected PFAS, at 70 ng/L separately or combined. In August 2019, the California State Water Resource Control Board’s Division of Drinking Water (DDW) established notification levels at concentrations of 6.5 ng/L for PFOS and 5.1 ng/L for PFOA.

In 2021, the DDW issued a notification level of 500 ng/L for Perfluorobutane sulfonic acid and 3 ng/L for perfluorohexane sulfonic acid in 2022.

Common treatment methods for PFAS include reverse osmosis (RO), ion exchange (IX), and granular activated carbon (GAC). RO is able to achieve good rejection of PFAS. However, the PFAS will be concentrated in the rejected concentrate/brine stream, which is still of a relatively large quantity (i.e., 15% – 25% of the feed) that needs to be subsequently managed.

The IX and GAC adsorption process removes PFAS by immobilizing them onto the IX or GAC resins, which can be relatively easily managed, disposed or destroyed (i.e., incineration or reactivation).

The City currently relies on three main wells including Well No. 12, Well No. 13, and Well No 15 for the groundwater supply. Wells 13 (1,200 gpm) and 15 (1,200 gpm) are pumped to a common header to a central treatment facility for arsenic and manganese. Chemical injectionsincluding ferric chloride, sulfuric acid, and sodium hypochlorite are added to ensure arsenic is oxidized so that it can be filtered once ferric chloride is used as a coagulant.

Lowering the pH with acid improves the removal efficiency. All wells have shown elevated levels of PFAS that must be addressed, and fluoride levels have also been increasing above the 2 mg/L limit set by the State.

Our proposed initial Scope of Work is to design a central treatment system at the main plant for the current and new contaminants utilizing the existing treatment system and integrating the new treatment options while developing a blending strategy for the mix of these contaminants. The treated water will be diverted back to the existing effluent pipe from the main treatment facility to be collected in the reservoirs on-site.

The following tasks and subsequent budget were developed to provide the most costeffective strategy to meet the City’s goals. The tasks for this Scope of Work are described in detail below.

TREATMENT APPROACH

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3 The PFAS treatment system will be primarily based on pressure vessels with lead-lag operation. Other configurations can maximize the media utilization, but a typical lead-lag, two-vessel-in-series arrangement is shown below.

During the design phase, the layout will be developed, including the detailed pipe arrangement, media delivery truck access, and other maintenance requirements. Since the project site has enough space, footprint is not a concern. Certain vessel designs, especially the external septa underdrain type, require taller vessels. Although there doesn’t seem to be a height ordinance for the area, these detailed design features will be clearly discussed with the City.

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4 KEY PROJECT ISSUES
Due to the requirement to integrate a new PFAS removal alternative with an existing treatment system, a careful evaluation of the treatment approach will be needed. Based on a number of projects that the team has been involved in, here are some of the key issues that our team will address to complete the proposed project successfully.

The project team will conduct the due diligence once the project is initiated, but two typical options for PFAS treatment are ion exchange (IX) resin or granular activated carbon (GAC) media. They are similar in many ways but have different implications, as noted below. Each of these key issues needs to be addressed so that the new system can be properly integrated with the current treatment system.
- Treatment Goals and Requirements
Both IX and GAC can remove PFAS, but the rate of treatment for short-chain forms of PFAS is different. Also, if other VOCs are present, the selection of media may be different. This is a critical first step in deciding which approach would be better suited for the City. - Oxidation for the Existing Treatment System
There are impacts of oxidation on the media. For GAC, adsorption capacity may be reduced, and for IX, by-product formation such as NDAM may be possible. The location, type, and dosages of the oxidation step currently implemented will be evaluated for compatibility so as not to pose any secondary issues in compliance.
- TENORM
Technologically Enhanced Naturally Occurring Radioactive Material is a background radioactive contaminant that may pose disposal and transportation of spent media. Since both GAC and single-use IX will have extended run time, any background TENORM level can accumulate on the spent media as mixed waste, which is extremely difficult and costly to dispose of. This issue will be checked early on during the project. - Sequence of Treatment
The new treatment system can be placed before or after the existing treatment system. If the new treatment system is placed in front of the current treatment system, the partial removal of arsenic, iron, etc., may occur. If the new system is placed after, then the backwash cycle must be tightly controlled to minimize any particles entering the media vessel, as that would be detrimental to the adsorption operation. - Media Change Out Backwash Management

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5 Both IX resin and GAC media will need initial backwashing/flushing prior to being brought to service. This backwash is only at the beginning of the service cycle if the operation is designed to mitigate media compaction. However, the backwash water (chloride for IX and particles for GAC) generated for each media change-out still needs to be managed through the temporary collection and hauling or slow discharge to sewer, etc. This will be factored in along with the breakthrough and cost of media replacement. - Life Cycle Cost / Media Replacement
Both IX resin and GAC media will need to be replaced once the removal capacity is exhausted. The O&M cost of the plant will be directly related to the change out frequency as there is a cost associated with the media replacement. This could be every few months to a year or more. The life of breakthrough is not only a function of influent contaminant levels, but other general water quality, such as pH, sulfate, silica, TOC, etc., may compromise the treatment efficiency, and these will be considered for the evaluation. - Spent Media Management
Once either media is replaced, the spent or used media must be disposed of. Depending on the GAC supplier, reactivation of used GAC media is possible under DDW’s guidelines. IX resin is not easy to regenerate, and proper disposal is needed. The spent media management cost will need to be considered for an accurate life cycle cost estimate. - Other Contaminants of Concern
The presence of other contaminants of concern (CoC), such as fluoride, gross alpha/beta, etc., will be factored in for the treatment design and process selection. Any other upcoming regulations will also be considered for the alternative selection.

SCOPE OF SERVICES
The goal of this project is to determine alternatives for the appropriate treatment strategy to cost-effectively comply with drinking water standards for PFAS compounds and evaluate the integration with the existing groundwater treatment facility for arsenic, iron/manganese. The project team has developed the following tasks for the completion of a feasibility study (Phase I), design services (Phase II), and bid support (Phase III) to comply with the City’s treatment and cost savings goals.

PHASE I. FEASIBILITY STUDY REVISION
Task 1. Kickoff Meeting, Master Schedule, Meetings

1.1 Kick-off meeting: Organize and conduct a kickoff meeting to discuss the project goals with the City’s project team members

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6 1.2 Master schedule: Develop a master schedule based on the project timeline after the kick-off meeting

1.3 Progress meetings: Prepare and conduct up to five progress meetings at major milestones
Deliverable: Handouts for the meetings and master schedule Task 2. Data Collection

2.1 Data collection: Collect and review initial project data based on the available information from the City

2.2 Date request: Based on the review, develop and request any critical information needed for project execution

2.3 Site visit: Conduct site visits to confirm and gather any additional information related to the integration with the existing systems
Deliverable: Data Request List
Task 3. Regulatory and Agency Coordination

3.1 Meeting with agencies: Conduct preliminary meetings with the regulatory agencies related to the treatment and discharge plan.

3.2 Coordination with agencies: Follow up with the regulatory agencies to clarify any additional requirements and specific details for permit modifications.

3.3 Document and plan review and preparation: Prepare the required documents, plans, and details for regulatory approval
Deliverable: Meeting minutes and list of required documents Task 4. Treatment Feasibility Study

4.1 Evaluate treatment options: Conduct streamlined treatment alternative analysis based on project requirements.

4.2 Recommend a strategy for treatment approach: Based on the initial evaluation using a “pair-wise” comparison model, select and recommend the treatment option for the City.

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7 Deliverable: Streamlined alternative analysis and a recommendation based on “pair-wise” comparison documents
Task 5. Treatment Model Simulation

5.1 Treatment model estimate: Develop the preliminary cost estimates of the treatment alternatives

5.2 Media selection recommendation: Based on the life cycle cost estimates, recommend a media for the proposed project.

Deliverable: Cost estimate analysis table with life cycle cost analysis Task 6. Feasibility Study Final Report

6.1 Preliminary report: Develop the preliminary design report (PDR) documenting the recommendations for the treatment option.

6.2 Preliminary report review workshop: Conduct a workshop to highlight the options and confirm the City’s assessment of the proposed alternative.

6.3 Final report: Update the PDR with the comments from the City.

6.4 City review and approval: Finalize and submit the PDR as the basis of the project.

Deliverable: Preliminary Design Report including preliminary cost estimate Task 7. DDW Permit

7.1 Coordination with DDW: Confirm the DDW requirements for the new treatment system to modify the city's existing operating permit.

7.2 Permit application assistance: Support the City with the permit modification based on the DDW requirements.

Deliverable: DDW permit amendment application support documentation.

Task 8. System Hydraulic Analysis

8.1 System hydraulic analysis: Evaluate the current system hydraulics based on the existing infrastructure.

8.2 Preliminary hydraulic analysis: Conduct integrated plant hydraulic analysis based on the proposed treatment system.

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8 8.3 Final hydraulic analysis: Update the hydraulic analysis based on the City’s review comments.

Deliverable: Hydraulic calculation and analysis document based on the proposed treatment system
PHASE II. DESIGN SERVICE
Task 9. Preliminary Design (30%)

9.1 Preliminary design: Develop the design drawing set, including civil, mechanical, and electrical details, at a 30% level.

9.2 Preliminary cost estimate: Develop the cost estimates to the 30% level.

9.3 Preliminary O&M cost estimate: Develop the O&M cost estimate based on the media replacement frequency.

9.4 Preliminary engineering specification: Develop the outline of the specification sections needed for the equipment and the overall project in 16 Division format.

Deliverable: Preliminary submittal, including design drawing set, cost estimate, and specifications outline.

Task 10. DDW Operation Permit Amendment

10.1 Technical memo: Review, modify if needed, and submit the design memo to DDW for permit amendment purposes.

10.2 Preliminary drawing submittal: Coordinate with the DDW and submit the preliminary drawing package.

10.3 Draft operation, maintenance, and management plan: Develop the O&M plan incorporating the blending approach if applicable.

10.4 Engineering specification submittal: Submit the relevant treatment system info and specification, including the media details, to DDW for approval.

Deliverable: DDW submittal package for the permit amendment Task 11. Media Supplier Modeling

11.1 Coordination with the media supplier on process modeling: Provide a supplierspecific model projection with the final design basis. Actual column testing for the

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9 breakthrough guarantee is not included but can be provided by the media supplier at an additional cost.

11.2 Modeling result submittal: Review and finalize the projection results with the supplier for the O&M cost estimate update.

Deliverable: Media supplier model projection for the breakthrough Task 12. Final Design Service (60%, 90%, 100%)

12.1 60% design: Update the design drawing set, including civil, mechanical, and electrical details, at a 60% level.

12.2 60% cost estimate: Update the cost estimates to the 60% level.

12.3 60% engineering specification: Develop the relevant specification sections for the equipment and the overall project.

12.4 90% design: Update the design drawing set, including civil, mechanical, and electrical details, at a 90% level.

12.5 90% cost estimate: Update the cost estimates at the 90% level.

12.6 90% engineering specification: Update the relevant specification sections for the equipment and the overall project.

12.7 100% design: Finalize the design drawing set, including civil, mechanical, and electrical details, at a 100% level.

12.8 100% cost estimate: Finalize the cost estimates at the 100% level.

12.9 100% engineering specification: Finalize the relevant specification sections for the equipment and the overall project.

Deliverables, 60%, 90%, and 100% submittal, including design drawing set, cost estimate, and specifications
PHASE III. CONSTRUCTION SUPPORT SERVICE
Task 13. Bid Support

13.1 Bid assistance: Review the City’s bid package and clarify anything related to the treatment design.

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10 13.2 Attend bid meeting: Support the City by attending the bid meeting to answer questions related to the project.

13.3 Addendum: If needed, assist the City with the addendum review to clarify the scope of supplies and work.

Deliverable: Bid package review comments and bid addendum comments as needed Task 14. Shop Drawing Review Support

14.1 Shop drawing review and response: Review the equipment supplier-provided fabrication drawings and provide comments to be incorporated.

14.2 RFI/RFC response: Review and assist the City with the RFI/RFC responses and support with the issuance of Addendums to the bid package as necessary.

Deliverable: Review comments and RFI/RFC responses (up to 10 responses) Task 15. Close-out Service Support

15.1 As-built plans: Upon project completion, coordinate with the contractor to prepare and submit As-Built plans to the City as necessary to reflect changes during construction.

15.2 Final operation and maintenance plan: Finalize the O&M plan with any changes noted during the close-out period.

15.3 Final site visit: Conduct the final inspection of the treatment system and site installation to verify compliance with design and proper installation while the contractor is still on site.

Deliverable: As-built drawing, final O&M plan, and final Inspection report The Consultant will perform the final design of the treatment facilities using the scope of work established above. In performing the design of the facility, the Consultant will prepare the following construction drawings with additional details to be included as additional drawings:
• Cover sheet and index and abbreviation sheets
• New facility site plan
• Foundation plan and details
• Site piping plans and details
• Site demolition plan
• Standard process mechanical details

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11 • Process mechanical design drawings
• Electrical legend
• Single line diagrams and load calculations
• Instrumentation legend
• Instrumentation P&IDs
The O&M document will include the details covering the following procedures specific to the media recommended.
• System and Equipment Start-up Procedures
• System and Equipment Shutdown Procedures
• Process and Equipment Monitoring Procedures
• Process and Equipment Troubleshooting Procedures
Optional Task. Alternative Project Delivery
The Project Team has done various alternative project deliveries, including design-build, water purchase agreements, lump sum, etc. If any of these is of interest to the City, additional information can be provided.

ASSUMPTIONS

1. Additional data requests will be provided in an easily readable computer format such as Excel, Word, DWG, etc.

2. The estimated effort is based on the information provided by the City and may change based on any updated information.

3. Identification of required permits (besides the operating permit) and estimated costs are excluded. These can be offered after the treatment option is selected.

4. Additional bench, rental, and pilot-related costs are not included.

5. Geotechnical testing for the proposed site is excluded.

6. Site survey is excluded.

7. Utility searching and potholing are excluded.

8. Additional water quality sampling is excluded.

9. The design is for a central treatment plant at a single location (the current plant) for removing the contaminants noted (PFAS and fluoride)

10. Reimbursable expenses for travel and printing are included.

11. It is assumed that adequate power supply is available on site to support new equipment if needed and City will be responsible for allowance and provision of both temporary and permanent electrical services.

12. General assumptions identified in the Scope of Work for design and cost estimating will be discussed and agreed upon prior to evaluation.

13. The City will pay fees for permits required by local, state, or federal jurisdiction. Any additional permit-specific work can be provided on a time and material basis.

14. Any scope not specifically mentioned is not part of the proposed cost.

15. The payment term will be net 30 days from the invoice date.

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12 PROJECT TEAM
The following section presents our proposed project team members’ qualifications. Joon Min, who has been working with water quality issues and treatment projects since the 1990’s, will oversee the activities for the project. He will coordinate and work with other project team members on specific tasks as outlined in our proposal. Other team members will provide the technical peer review and support the project. Brief descriptions of the project team members are presented below.

Joon H. Min, PhD – Principal in Charge
Dr. Min has 30 years of experience in private organizations (Carollo Engineers, Psomas, BKT, Montrose Environmental Group), and public agencies (Metropolitan Water District of Southern California). He has broad experience in the treatment of high-strength wastewater with a number of groundwater treatment plants, including PFAS, 1,2,3 TCP, nitrate, perchlorate, etc., for Cities of Los Angeles, Ontario, Cerritos, Fresno, Corona, Banning, Arcadia, Herlong, Pasadena, Pomona, etc. He is also involved in extensive technology implementation, water quality monitoring, pilot testing, process design, and full-scale designbuild experience on large-scale facilities. He has been involved in a number of water and wastewater treatment projects using technologies such as various GAC, ion exchange resin, adsorption, filtration systems, RO, NF, MF, UF, MBR membranes, ozone, and ultraviolet advanced oxidation process (UV AOP), biological treatment, etc. He served as principal investigator, project director, principal, project manager, or process lead for over fifty treatment-related projects. Additionally, he was in charge of overseeing Phase I of the current PFAS feasibility study for the City of Corona. He was also an adjunct professor of Chemical and Environmental Engineering at UC Riverside for several years and formerly a graduate course lecturer of environmental chemistry in Civil and Environmental Engineering at UCLA.

He was a member of review committees for the U.S. Environmental Protection Agency (EPA) and the Sandia National Lab Arsenic Partnership.

Ramesh “Ram” Narasimhan, PE – Technical Advisor
Mr. Narasimhan is a founder of NCS and has 30 years of experience in all aspects of wastewater collection system analysis, treatment, civil engineering, construction, and regulatory compliance. He is known for his strong background and outstanding reputation in the areas of planning, condition assessments, treatment facilities design as well as regulatory permits and compliance. Mr. Narasimhan served as a principal in charge of more than twenty wastewater projects involving planning, design, and construction and has a proven track record of completing projects within budget and on time. He will be responsible for contracts, project oversight, budgets, mentoring, and providing a technical advisory role for this project.

Brian Downing, PE – Electrical Engineering Principal
Mr. Downing co-founded Delta Systems Engineering in 1997 and is highly skilled in the design of process control systems, SCADA, telemetry, PLC-based control systems, and motor control

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13 systems. His expertise includes working as a senior instrument technician for the City of Glendale, where his focus was water and wastewater process control systems. He served as Principal-in-Charge for the City of Williams WWTP; Painted Mesa WRF in Holbrook, AZ; St.

Andrews Sewer Pump Station in Poway, CA; Anthem WWTP; Boulder City WWTP; Huntington Beach WWTP; and Vistansia Reclaimed Water System, CA. His professional affiliations include IEEE- Institute of Electrical & Electronics Engineers.

Steve Wedwick, PE – Vice President of Wastewater Treatment NCS, Design Manager Mr. Wedwick has 23 years of experience in water and wastewater treatment, pipelines, pump systems, and civil design. He has performed design and studies for treatment plants in a wide variety of climates ranging from lower altitudes to higher altitudes. He served as PM for the Navajo Nation and Liberty Utilities wastewater engineering programs as well as the Maricopa WWTP Expansion design project that involves analyzing existing conditions, characterizing the wastewater, and recommending process improvements to expand the plant by 5 MGD. The existing SBR technology was modified to an integrated fixed‐film activated sludge (IFAS) nutrient removal process. He has designed several cost‐effective WWTPs ranging in technologies from textile filters, constructed wetlands, aerated lagoons, and a wide variety of activated sludge processes.

Aaron Armenta, PE – Project Manager Delta Systems Division NCS, Electrical Engineer Mr. Armenta is an Electrical Engineer with 5 years of engineering experience in lighting systems, industrial facilities, electrical, and transmission/distribution substation design. His experience includes power quality metering, fieldwork, and supervision of transformer replacement, disconnect switches, conduit, grounding grid, and lighting design. He has also worked with the integration of control systems and related tasks involving electrical and control equipment schematics, connection diagrams, general arrangement plans, writing diagrams, cable schedules, etc.

Tom Bayles, PE ‐ Construction Manager NCS, Construction Support Mr. Bayles has been a Sr. Associate with NCS for 3 years. He has 42 years of professional experience with public water system infrastructure planning, engineering, construction, and systems operations in the municipal, private, commercial, and residential development and Native American sectors throughout the Southwest. He has managed pipeline design projects for the Arizona cities of Avondale, Goodyear, Phoenix, Flagstaff, Chandler, and Yuma, multiple Arizona State Parks, and the Native American communities of Ak‐Chin, Verde Valley Apache, Fort McDowell Apache, and Navajo Nation. Mr. Bayles also spent 5 years managing the Water/Wastewater Engineering, Construction, and Operations Division of the Navajo Tribal Utility Authority, where he was responsible for the daily operation maintenance and the planning of systems replacements and upgrades of 101 individual public water systems.

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14 Harish Arora, Ph.D. – Vice President of Water Quality NCS, Principal QAQC Dr. Arora has more than 30 years of experience with municipal and industrial water and wastewater treatment processes and is an experienced project manager. Dr. Arora has a BSc in civil engineering, an ME, and a PhD in environmental engineering. Dr. Arora is a licensed professional engineer in MD and DE and has been an adjunct professor at Johns Hopkins University for the water and wastewater graduate‐level courses since 2003. Dr. Arora has been managing industrial wastewater treatment for a former L’Oreal cosmetic manufacturing plant.

QUALIFICATIONS
NCS Engineers, established in 1998, deliver technically sound and cost-effective solutions to our clients in the areas of planning and design of water/wastewater facilities, wastewater system planning and hydraulic modeling, treatment plant optimization, permitting, treatment process design, construction administration, and inspection, start-up services, and operational assistance. Since its inception, the company has grown to include offices in Phoenix, AZ; Rio Rancho, NM; Baltimore, MD; Las Vegas, NV; San Diego, CA; and the latest addition is an office in Orange County, CA (new location). We deliver high-quality, timely, and fair-priced services to our clients in the areas of water quality and treatment, water & wastewater system engineering, electrical design, and environmental regulatory issues. NCS prides itself on exceptional client-focused project delivery. NCS has completed more than 650 million dollars worth of projects without any claims or litigations.

As part of NCS Engineers is Delta Systems (Delta), which is an electrical engineering and systems integration firm with operations in Arizona, California, and Nevada. Delta is a professional services firm providing innovative engineering and integration solutions for challenging electrical and control system problems; primarily in the water/wastewater and manufacturing industries. As of September 2017, DeltaSE has merged into the NCS Corporate family, with all the necessary joint financial, equipment, and staff resources needed to ensure our success.

In addition, NCS Engineers also has an environmental software company called NJB Soft. The software division specializes in various easy-to-navigate platforms for water, wastewater, air, stormwater, etc. SAMS Wastewater is simple-to-use platform-based mass balance, data management, and compliance software that continuously provides advice and alerts on where clients’ wastewater permit compliance programs need to be. The expert NJB Soft NCS Team can assist the clients with the initial setup and provide training for the staff on the most effective use of resources and workflow.

Consultant provides the following services:
• Wastewater system planning
• Sewer line design
• Lift station design

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15 • Treatment process evaluation and design
• Preliminary design reports & planning studies
• Pump station design and hydraulics
• Construction drawings
• Bid documents
• Schematics
• 3-D Renderings
• Regulatory compliance and approvals
The project team’s services include wastewater treatment, biological nutrient removal, groundwater treatment, advanced treatment, emerging contaminants removal, design-build, public-private partnership project delivery, plant/regulatory permitting, drinking water, etc.

The Project Team members have worked extensively throughout the US and have interfaced with numerous federal, state, and local regulatory agencies for water and wastewater-related issues on behalf of its clients. Our project team members’ experience includes work with municipal clients and other public sector clients, including the state of California, the federal government, etc.

The Project Team already has a thorough understanding of the project objectives and the challenges faced with the construction of the proposed wastewater treatment system, which requires specialty in design to meet the safety and related codes for compliance.

Our experience working closely together with the current team and Montrose will provide synergy between the key stakeholders and will expedite the next phase of the project and future design and construction process. This efficiency will allow the Project Team to achieve the preliminary evaluation and construction estimate that meets the City’s project budget and schedule.

The project team members have interfaced with numerous federal, state, and local regulatory agencies on behalf of its clients. Our project team members’ experience includes work with the following clients: the City of Corona, the City of Arcadia, the City of Banning, the City of Barstow, the City of Cerritos, the City of Los Angeles, and other municipal and public clients. Our proposal offers a team of highly qualified and experienced professionals who already have a thorough understanding of project needs, including water quality, treatment, regulatory compliance, field testing, construction cost estimate, and project management. Our team for this project has a wide range of experience in evaluating and selecting the best treatment technologies for industrial wastewater. Our experience with treatment technologies is supported by numerous design-build projects and studies that have evaluated technologies such as GAC, single-use ion exchange, regenerable ion exchange, UF, RO, MBBR, MBR, activated sludge, biological treatment systems, dewatering, membrane filtration, DAF systems, etc. With such expertise in process and design, our team is wellqualified to successfully conduct the proposed project.

The Consultant’s services include wastewater treatment, biological nutrient removal, groundwater treatment, advanced treatment, emerging contaminants removal, designPage 308 of 628 16 build, public-private partnership project delivery, plant/regulatory permitting, drinking water, etc. The Project Team members have worked extensively throughout the US and overseas and have an understanding of international project requirements. Our project team members’ experience includes work with clients in private, industrial, and municipal sectors (see maps below).

LIST OF SELECT RELEVANT TEAM MEMBER PROJECTS
The following is a list of relevant projects demonstrating our team members’ experience with similar treatment applications. With in-depth knowledge of the water quality, treatment alternatives, design, cost estimate, implementation, construction, and operation with the

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17 ability and track record to provide turnkey projects up to 20 million dollars, the Project Team members have the experience to expedite the proposed project schedule. • City of Corona, CA – Phase I Evaluation and Recommendations for Treatment of PFAS Contaminated Water Sources: The Project team was responsible for feasibility engineering services for the removal of 1,2,3 TCP and PFAS using RSSCT testing approach as well as preliminary site layout, cost estimates for Well sites 7A, 8A, main ion exchange plant as well as other wells under consideration. Following a review of the available technologies based on technical feasibility and cost, a granular activated carbon (F400) system was selected over an air stripping system. The feasibility report included the layout of pipes and treatment equipment at the project sites for optimum arrangement and cost estimates of the treatment system for groundwater, RO concentrate, and wastewater plant effluent.
• City of Corona, CA – Phase II Design of Treatment of PFAS Contaminated Water Sources at Three Sites: Project team was responsible for the detailed design and engineering services for the removal of 1,2,3 TCP and PFAS as well as updating the cost estimates for Well sites 7A, 8A, main ion exchange plant as well as other wells under consideration. The detailed design for these facilities is on-going.
• City of Arcadia, CA - Live Oak Well TCE and PFAS Treatment Solution: The project team worked with the City to provide design, specification, and engineering services during construction for a 3,000-gallon per minute treatment system for the removal of TCE and PFAS. Following a review of the available technologies based on technical feasibility and cost, a granular activated carbon (F400) system was selected over an air stripping system.

The design included the layout of pipes and treatment equipment at the project site for optimum arrangement and detailed design of the treatment system, including site modifications. In addition, to partially defray the cost of treatment, the project team helped the City apply for Proposition 1 funding from the State of California. • Liberty Utilities, AZ – PFAS Pilot Testing and Assessment: The project team provided preliminary and final design services, along with full-service construction management, for this 1,700 gpm GAC and nitrate treatment expansion project, which includes the following elements: Reviewed and oversaw vendor testing of IX and GAC units; Prepared desk top study for comparison of both alternatives, including capital and O&M costs; Evaluated benefits of concurrent contaminant removal (arsenic and nitrates); Determined costs and configuration for scale units and supporting facilities - pre-filtration, brine maker, brine waste handling, flow controls, backwash waste handling, control room, electrical systems and SCADA interface.
• Confidential Client, CA - PFAS Treatment and Removal from Groundwater: A confidential client facility in California has detected PFOA in one of their drinking wells exceeding the health advisory level. One of the team members helped with the feasibility study, preliminary and pilot testing, preliminary and final design, procurement, installation and startup of a treatment system for PFOA removal.

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18 • RTI International, NC – Innovative Treatment Alternatives for PFAS Compounds:

Federally funded project support for sourcing PFAS contaminated groundwater to test treatability of new adsorption process. The team worked closely with RTI International to identify source waters, collect historical water quality, as well as develop logistics for securing samples for testing with an approved PFAS sample collection method. • City of Avondale, AZ – Gateway Nitrate and 1,2,3 TCP Treatment Facilities Expansion: The project team provided preliminary and final design services, along with full-service construction management, for this 1,700 gpm GAC and nitrate treatment expansion project, which includes the following elements: IX facilities with three 10-foot diameter vessels; New 12 -foot diameter GAC treatment vessel for removal of several trace organics including 1,2,3 TCP and other contaminants; Supporting facilities include pre-filtration, brine maker, brine waste handling, flow controls, backwash waste handling, control room, electrical systems and SCADA interface; Site expansion, gates, access roads, and aesthetic perimeter walls; New 150 lbs/day on-site chlorine generation system. • City of Fresno, CA – Groundwater Treatment Master Plan including Arsenic, Iron, Manganese, 1,2,3 TCP: Evaluated both wellhead and centralized treatment system alternatives for a number of groundwater contaminants including 1,2,3 TCP, nitrate, perchlorate, chromium, VOC, etc. With a few hundred total wells in the well field, the City wanted to group the treatment system for a combination of some centralized system as well as individual well head for the City wide compliance. • City of Cerritos, CA - Arsenic Removal by Adsorption Treatment Process: Turnkey project for securing state funding, design, construction, operation, and maintenance of an adsorption treatment system to remove arsenic, manganese from a water source of groundwater infused with stormwater runoff. The design includes a site plan and layout, an electrical and control diagram, and a detailed design of the treatment system. The team worked with subcontractors to complete the construction and integration of the treatment system and operated the treatment system for more than 3 years. • Department of Energy, PA - Novel Hybrid-sorption Process for Arsenic and Selenium Removal: Research and demonstration project funded by the Department of Energy to develop a novel hybrid-sorption treatment process to remove selenium from a challenging industrial wastewater stream with low energy, chemical consumption, and cost. The project includes preliminary bench-scale batch and column adsorption testing, design and fabrication of a pilot-scale treatment system, and operation and testing of the pilot-scale system at an industrial site.
• City of Barstow, California - Remediation for Nitrate and Perchlorate: Project director for a 1,000 gpm groundwater cleanup project for the City of Barstow. Led the process design team for drawing, specification, and operations manual. Interfaced with the State financial assistance division and developed funding strategy for the City.

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19 • Pasadena Department of Water and Power, California-Technical Services for the Monk Hill Treatment System: Assistant Project manager for providing technical and 97-005 permitting support for the Monk Hill Treatment System project for perchlorate, nitrate, and VOC removal using ion exchange and GAC treatment.
• City of Vernon, California-Engineering Services to Prepare Engineering Report for Iron and Manganese Treatment: Project manager for developing a treatment train and cost estimates for a wellhead treatment system for perchlorate and 1,2 DCA. • Water Replenishment District of Southern California, California-Design of groundwater treatment containing TCE, Arsenic, and other VOCs: Project manager to develop a treatment train for 13 dewatering wells for I-105 for Caltrans and the Water Replenishment District of Southern California. The wells are contaminated with manganese, TCE, arsenic, 1,2 DCA, 1,2,3 TCP, and 1,4 dioxane. Tasks included conceptual design, blending model development, and other permitting tasks, including completion of a DHS Policy Memo 97-005 for direct domestic use of extremely impaired sources. • City of Loma Linda, California-Groundwater Management and Treatment Alternative Evaluation for Perchlorate, Arsenic, and Fluoride: Project manager for a groundwater management and treatment alternative evaluation to evaluate blending and treatment alternatives for perchlorate, arsenic, and fluoride for the City of Loma Linda, California, as part of a groundwater cleanup project.
• Irvine Ranch Water District, California-Wells 21 and 22 Evaluation of Membrane and Ion Exchange: Project manager for evaluation of RO and NF membranes and ion exchange for TDS, hardness, and nitrate removal. Developed a comprehensive Excel-based mass balance model.
• Indian Wells Valley Water District, California-Pilot Testing of Zero-Liquid-Discharge Technologies Using Brackish Groundwater with Arsenic for Inland Desert Communities:

Technical advisor for treating RO concentrate contaminated with arsenic, selenium, and radioactive species. Brackish water was used for treating Inland Desert Communities. • City of San Angelo, Texas-Treatment and Pipeline Design for Addressing Radium from groundwater: Technical advisor assisting the evaluation of treatment technologies including RO, IX, lime softening as well as residuals.
• City of Chino Hills, California-Pellisier Wellhead Arsenic Treatment Design Project:

Technical advisor reviewing the water quality issues for drilling replacement wells. • Baldwin Park Operable Unit, California-Demonstration of Biological Process for High Concentration of Brine Containing Perchlorate and Nitrate: Project manager for supporting the demonstration of suspended biological reactors for the treatment and recycling of ion exchange brine containing perchlorate using NF and RO membrane.

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20 • Department of Defense, California-Fixed-Bed Biological Demonstration Program for Perchlorate and Nitrate Removal: Technical advisor for a 20 gpm fixed-bed biological demonstration project for the City of Rialto, San Bernardino County, and Department of Defense under the federal DOD demonstration (ESTCP) program. • San Bernardino Municipal Water Department, California-Gilbert Street Well Perchlorate Contamination Response Analysis: Project manager for providing an evaluation for perchlorate treatment options, including blending, partial blending, and retrofit of existing GAC plant to be used as an ion exchange system, and a new ion exchange system to support the District with the Response Analysis.
• California American Water Company, California-Arsenic Treatment from Groundwater:

Project manager to evaluate arsenic and uranium loading to a Severn Trent GFO system and to develop an arsenic rule compliance strategy for the Sacramento District of California American Water.
• District of Southern California-California I-105 Freeway Dewatering Wells Beneficial Use of Groundwater Project: Project manager to develop a treatment train for 13 dewatering wells for I-105 for Caltrans and the Water Replenishment District of Southern California.

The wells are contaminated with manganese, TCE, arsenic, 1,2 DCA, 1,2,3 TCP, and 1,4 dioxane. Tasks included water quality review, conceptual design, blending model development, and other permitting tasks, including completion of a DHS 97-005 for direct domestic use of extremely impaired sources.
• Castaic Lake Water Agency, California-Saugus Well Perchlorate, Nitrate Contaminated Groundwater Treatment: Task leader and project engineer evaluating perchlorate treatment options, developing process simulation models, pilot testing, developing conceptual design and site layout for ion exchange and biological process. • Magna Water Company and ATK, Utah-Perchlorate and Arsenic Treatment: Technical advisor for reviewing the proposed remedial actions by ATK including in-situ immobilization of contaminants by injecting stabilizing chemicals. • City of Gilroy, California-Conceptual Evaluation of Perchlorate Treatment Alternatives, Costs and Siting Requirements: Project engineer to develop cost estimates and site layouts at four well fields for packaged system ion exchange costs. • City of Pomona, California-Engineering Design, Construction Management and Inspection Services for Well 37 Treatment Plant: Project engineer for the design and permitting of multi-vessel wellhead treatment for perchlorate and nitrate for the City of Pomona, California. The project included the design of an ion exchange facility and a design of a brine line for discharging brine.

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21 • City of Ontario, California-Dry Year Yield Well Head Treatment Facility: Project engineer for the City of Ontario, California, final design of wellhead treatment project for nitrate and perchlorate from multiple groundwater sources.
• City of Hughson, California-Water System Operation and Engineering Support Assessment of Arsenic Treatment Technologies: Project manager for a feasibility study to evaluate the arsenic treatment system and develop cost estimates for arsenic treatment alternatives for the City.
• City of Hanford, California- Arsenic Treatment Technology Selection: Technical advisor for conceptual design of wellhead treatment systems to remove arsenic for 18 wells for the City. The technologies evaluated include coagulation filtration, membrane, adsorption system, etc.
• Victor Valley Water District, California- Design of Infrastructure Improvements to Bring Victor Valley Water District into Compliance with the Arsenic Rule: Technical advisor and task leader to develop cost estimates for arsenic treatment using ion exchange for the Victor Valley Water District, California. The cost comparison was made between a packaged ion exchange system (Basin Water) and a coagulation filtration system. • Elsinore Valley Municipal Water District, California-Elsinore Basin Groundwater Management Plan for Arsenic Compliance: Technical advisor for the Elsinore Valley Water District, California, for evaluating coagulation filtration and adsorption processes for arsenic removal.
• Los Angeles Department of Water and Power, California-Evaluation and Preliminary Design of Enhanced Coagulation Facilities for Arsenic at the LA Aqueduct Filtration Plant:

Task leader to select and recommend a “near-zero” arsenic treatment technology as part of a two-year feasibility, bench- and pilot-scale evaluation study of conventional filtration for the removal or reduction of various water quality issues including arsenic, DBP precursor, bromate, and phosphorus at the 600-mgd LA Aqueduct Direct Filtration Plant. • Sandia National Laboratories, California-Arsenic Water Technology Partnership:

Technology reviewer for the National Arsenic Water Technology Partnership sponsored by Sandia National Laboratories (SNL) from 2003 to 2005. Interviewed and evaluated more than 30 vendors who provided arsenic treatment solution. • Environmental Protection Agency, USA-National Arsenic Demonstration Project:

Technical peer reviewer for the Environmental Protection Agency’s national arsenic treatment demonstration project reports on coagulation filtration and adsorption technologies.
• City of Santa Barbara, California-Ortega Well Iron and Manganese Treatment Plant:

Technical advisor for treatment of iron, manganese, and hydrogen sulfide from the groundwater for the City of Santa Barbara, California. It also provided a regulatory overview for compliance with the current regulations.

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22 • Environmental Protection Agency, Washington, D.C.-Radionuclide Residual Calculation Model SPARRC: Technical reviewer for the comprehensive Excel-based model development Spreadsheet Program to Ascertain Residuals Radionuclide Concentrations.

PROPOSED BUDGET
Compensation for the above services will be based on the Scope of Work outlined in the proposal and is shown in the attached fee summary (Exhibit A). Any costs not specifically mentioned in the proposal are not included. We look forward to commencing the work once the proposal is approved.

PROPOSED SCHEDULE
The proposed project schedule is based on the current understanding of the scope. The project schedule can be adjusted once the requirements of the project are defined such as treatment approach, regulatory guidelines from the local agencies, etc. The preliminary schedule is shown in Exhibit B. The last few tasks will commence once the completion of the bid selection for the contractor and the final completion of the construction.

STANDARD TERMS AND CONDITIONS
It should be noted that once the City’s Terms and Conditions are received, the final Terms and Conditions can be negotiated to the mutual agreement of both Consultant and City. The City's Terms & Conditions may include specific bonding requirements, liquidated damages, cancellation clauses, equipment warranty requirements, and other contractual liabilities for which the Consultant has made no provision in the pricing provided herein. The consultant will work with the City to adjust the pricing herein upon review of any City-supplied Terms and Conditions to address these requirements if needed.

STANDARD PAYMENT OF INVOICES
The City agrees to pay for the services in the proposal in accordance with the compensation provisions set forth therein based on the milestone/monthly invoice. Payment of all invoices is due within 30 days of the invoice date. Any invoice that remains outstanding after the due date may be charged interest at the lesser of the maximum amount permitted by law or 1.5% per month on the unpaid balance.

INSURANCE
The project team shall maintain, during the life of the Agreement unless otherwise discussed, the following insurance:
a. Commercial general liability including bodily injury, property damage, owners and

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23 contractors protective, products/completed operations, contractual and personal injury.

The combined single limit for bodily injury and property damage shall not be less than$1,000,000.
b. Automobile bodily injury and property damage liability insurance covering owned, non‐ owned and hired cars. The combined single limit for bodily injury and property damage shall be not less than $1,000,000.
c. Statutory worker's compensation and employer's liability insurance as required by state law.
d. Professional liability insurance with limits of not less than $1,000,000. e. Excess/umbrella liability insurance with limits of not less than $4,000,000.

We appreciate the opportunity to provide engineering support through this feasibility study, and we look forward to assisting in achieving the water sustainability goals.

Please do not hesitate to contact us at 949-400-3458 or [email protected] if you have any questions regarding this proposal or need further information. We look forward to your comment and authorization to proceed with this important project to accommodate the increased wastewater flow and improve treatment process operations at the Facility.

Best regards,
Joon H. Min
President of Global Water Practice, A Division of NCS Engineers SUBMITTED BY:

Name: Joon H. Min Title: President of GWP Date: March 15, 2024 ___________________________________________________________________________________________ Authorized Signature
ACCEPTED BY:

Name: Title: Date:
___________________________________________________________________________________________ Authorized Signature

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26 Exhibit B
Proposed Project Schedule
TASK SCOPE OF WORK DESCRIPTION Mo.
1 Mo.
2 Mo.
3 Mo.
4 Mo.
5 Mo.
6 Mo.
7 Mo.
8 Mo.
9 Mo.
10 Mo.
11 Mo.
12 Mo.
13 Mo.
14 Mo.
15 Mo.
16 Mo.
17 Mo.
18 Bid
Sele
ction TBD
Comp
letion TBD TBD

PHASE I
1 Kickoff Meeting, Master Schedule, Meetings

1.1 Kickoff meeting o

1.2 Master schedule ------- ------- -------

1.3 Progress meetings (Up to 3) o o o
2 Data Collection

2.1 Data collection

2.2 Date request

2.3 Site visit o
3 Regulatory and Agency Coordination

3.1 Meeting with agencies o

3.2 Coordination with agencies

3.3 Document and plan review and preparation
4 Treatment Feasibility Study

4.1 Evaluate treatment options

4.2 Recommend a strategy for treatment approach
5 Treatment Model Simulation

5.1 Treatment model estimate

5.2 Media selection recommendation
6 Feasibility Study Final Report

6.1 Preliminary report ------- -------

6.2 Preliminary report review workshop o

6.3 Final report

6.4 City review and approval
7 DDW Permit

7.1 Coordination with DDW

7.2 Permit application assistance ------- -------
8 System Hydraulic Analysis

8.1 System hydraulic analysis

8.2 Preliminary hydraulic analysis

8.3 Final hydraulic analysis

PHASE II
9 Preliminary Design (30%)

9.1 Preliminary design ------- ------- ------- -------

9.2 Preliminary cost estimate -------

9.3 Preliminary O&M cost estimate -------

9.4 Preliminary engineering specification ------- ------- ------- 10 DDW Operation Permit Amendment

10.1 Technical memo

10.2 Preliminary drawing submittal

10.3 Draft operation, maintenance, and management plan

10.4 Engineering specification submittal
11 Media Supplier Modeling

11.1 Coordination with media supplier on process modeling ------- ------- -------

11.2 Modeling result submittal
12 Final Design Service (60%, 90%, 100%)

12.1 60% design ------- ------- -------

12.2 60% cost estimate -------

12.3 60% engineering specification ------- -------

12.4 90% design ------- ------- -------

12.5 90% cost estimate -------

12.6 90% engineering specification ------- -------

12.7 100% design ------- -------

12.8 100% cost estimate -------

12.9 100% engineering specification -------

PHASE III
13 Bid Support

13.1 Bid assistance

13.2 Attend bid meeting

13.3 Addendum
//
14 Shop Drawing Review

14.1 Shop drawing review and response ---->

14.2 RFI/RFC response ---->
//
15 Close-out Support Service

15.1 As-built plans ------- -------

15.2 Final operation and maintenance plan -------

15.3 Final site visit -------
Task Activity
Meeting or Workshop Day o
Continued Activity -------
On-Going Activity ---->
Task Break //

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Exhibit B
Compensation for Proposed Scope of Work
(See Budget Table)

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24 Exhibit A
Proposed Budget Table

TASK SCOPE OF WORK DESCRIPTION
TOTAL

PHASE I
1 Kickoff Meeting, Master Schedule, Meetings

1.1 Kickoff meeting

1.2 Master schedule

1.3 Progress meetings (Up to 3)
$ 13,472
2 Data Collection

2.1 Data collection

2.2 Date request

2.3 Site visit
$ 6,963
3 Regulatory and Agency Coordination

3.1 Meeting with agencies

3.2 Coordination with agencies

3.3 Document and plan review and preparation
$ 9,847
4 Treatment Feasibility Study

4.1 Evaluate treatment options

4.2 Recommend a strategy for treatment approach
$ 33,897
5 Treatment Model Simulation

5.1 Treatment model estimate

5.2 Media selection recommendation
$ 16,449
6 Feasibility Study Final Report

6.1 Preliminary report

6.2 Preliminary report review workshop

6.3 Final report

6.4 City review and approval
$ 18,962
7 DDW Permit

7.1 Coordination with DDW

7.2 Permit application assistance
$ 11,948
8 System Hydraulic Analysis

8.1 System hydraulic analysis

8.2 Preliminary hydraulic analysis

8.3 Final hydraulic analysis
$ 24,473

PHASE II
9 Preliminary Design (30%)

9.1 Preliminary design

9.2 Preliminary cost estimate

9.3 Preliminary O&M cost estimate

9.4 Preliminary engineering specification
$ 135,762
10 DDW Operation Permit Amendment

10.1 Technical memo

10.2 Preliminary drawing submittal

10.3 Draft operation, maintenance, and management plan

10.4 Engineering specification submittal
$ 22,938
11 Media Supplier Modeling

11.1 Coordination with media supplier on process modeling

11.2 Modeling result submittal
$ 6,530

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25 12 Final Design Service (60%, 90%, 100%)

12.1 60% design

12.2 60% cost estimate

12.3 60% engineering specification

12.4 90% design

12.5 90% cost estimate

12.6 90% engineering specification

12.7 100% design

12.8 100% cost estimate

12.9 100% engineering specification
$ 296,252

PHASE III
13 Bid Support

13.1 Bid assistance

13.2 Attend bid meeting

13.3 Addendum
$ 11,979
14 Shop Drawing Review

14.1 Shop drawing review and response

14.2 RFI/RFC response
$ 42,230
15 Close-out Support Service

15.1 As-built plans

15.2 Final operation and maintenance plan

15.3 Final site visit
$ 17,325

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GENERAL LIABILITY ENDORSEMENT

CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5632
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:

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

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D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE

INSURER
I, __________________________, warrant that I have authority to bind the below-listed (Print/Type Name)
insurance company and by my signature hereon do so bind this company. ____________________________________________

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AUTOMOBILE LIABILITY ENDORSEMENT

CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5632
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
$______________________ /_____________________________________

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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.

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

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WORKER’S COMPENSATION/EMPLOYER’S LIABILITY ENDORSEMENT

CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5632
A. POLICY INFORMATION Endorsement # ________________________

1. Insurance Company ____________________________________________ (“the Company”)
Policy Number _________________________________________________

2. Effective Date of this Endorsement ________________________________

3. Named Insured_________________________________________________

4. Employer’s Liability Limit (Coverage B)______________________________ _____________________________________________________________ B. POLICY AMENDMENTS
In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:
(1) Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.
(2) Waiver of Subrogation. The Insurance Company agrees to waive all rights of subrogation against the City of Norco, its elected or appointed officers, officials, agents and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the City of Norco.

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C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE

INSURER
I, _______________________, warrant that I have authority to bind the below-listed (Print/Type Name)
insurance company and by my signature hereon do so bind this company.

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City Council

STAFF REPORT
Date: June 5, 2024 Agenda Item:

5.A.

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

Ordinance No. 1113: Second Reading, Approving 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:

Adopt Ordinance No. 1113, Second Reading, Approving 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.

SUMMARY:

The purpose of this code amendment is to clarify the allowable hours of construction for building projects in the City of Norco.

BACKGROUND:

Code Amendment 2024-01 proposes a revision to the current code language to make the construction hours requirements uniform for all construction projects so that they are easily understood by the public. The existing verbiage in the Norco Municipal Code (NMC) has caused confusion for property owners and contractors on allowable hours and days for construction projects taking place within City limits.

Hours of construction are addressed in Title 15 – “Building and Construction”, Chapter

15.30- “Hours of Construction”, Section 15.30.020 – “Hours of Construction Activity”.

Current Code Language is as follows:

15.30.020 Hours of Construction Activity
Construction activity, including equipment start-up and use, and the loading, unloading and handling of materials, shall not commence before 6:30 a.m., or

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continue beyond 7 p.m., on weekdays. No construction activity for residential development projects that consist of more than one unit is permitted on Saturdays, Sundays, or national holidays unless otherwise permitted with conditions on entitlements. The restrictions from Saturdays, Sundays, and national holidays shall not apply to single-building permits for expansion and upgrade to existing buildings; however, no such construction shall begin before 8 a.m.

As currently written (although not clear) construction for one single-family home (regardless of whether its a homeowner or contractor), as well as single-building permits for expansions and upgrades to existing buildings are allowed on Saturdays, Sundays and national holidays. Since there is no clear definition of what is allowed under an "expansion or upgrade", our code can be interpreted as being very permissive for construction on Saturdays, Sundays and national holidays. This lack of clarity has created issues for our Code Enforcement team that is fielding complaints.

As noted, the intent of Code Amendment 2024-01 is to clarify the provisions in the Code for ease of use. Further, staff is recommending that the allowed hours and days of construction also be updated. To assist staff in drafting the amendments to the hours and day allowances, Municipal Code sections of neighboring jurisdictions pertaining to Construction Hours were surveyed. See the table below for a summary of the findings, as well as the proposed changes to Norco's code (as a reference, Specific Code language from each City has been included in attached Exhibit "A").

CITY WEEKDAY
(Mon-Fri) SATURDAYS SUNDAYS

NATIONAL/

FEDERAL

HOLIDAYS
Moreno Valley 7am to 7pm 8am to 4pm None None
Corona 7am to 8pm 7am to 8pm 10am to 6pm 10am to 6pm
Jurupa Valley
6am to 6pm (1)
7am to 6pm
(1,2)
6am to 6pm (1)
7am to 6pm
(1,2)
6am to 6pm (1)
7am to 6pm
(1,2)
6am to 6pm (1)
7am to 6pm
(1,2)
Eastvale
6am to 6pm (1)
7am to 6pm
(1,2)
6am to 6pm (1)
7am to 6pm
(1,2)
6am to 6pm (1)
7am to 6pm
(1,2)
6am to 6pm (1)
7am to 6pm
(1,2)
Riverside 7am to 7pm 8am to 5pm none none
Chino Hills 7am to 7pm 8am to 6pm none none
Chino 7am to 8pm 7am to 8pm none none
Ontario 7am to 6pm 9am to 6pm 9am to 6pm none
Riverside
County
6am to 6pm (1)
7am to 6pm
(1,2)
6am to 6pm (1)
7am to 6pm
(1,2)
6am to 6pm (1)
7am to 6pm
(1,2)
6am to 6pm (1)
7am to 6pm
(1,2)
Norco
(Existing)
6:30 am to
7pm 8am to 7pm (3) 8am to 7pm (3) 8am to 7pm (3)
Norco
(Proposed) 7am to 7pm 8am to 5pm None None
1 Within ¼ mile of residential; outside of that, no time restriction. 2 October to May
3 For one new residential home and single building permit

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(note Eastvale and Jurupa Valley hours appear to have just a carried over from the County)
Staff is recommending that no construction of any kind be allowed before 7:00 am, or on Sundays and Federal Holidays. Saturday construction can still be allowed, but staff is recommending that no type of permit be specified (all inclusive) for both commercial and residential to avoid confusion and "on the fly" interpretation among staff and the community, and that it be limited between the hours of 8:00 am and 5:00 pm.

Limitations on types of permits can be added at the discretion of the Planning Commission.

During the Planning Commission's regular meeting on Wednesday, May 8, 2024, the Commission unanimously agreed that prohibiting construction work on Sundays would benefit the residents of Norco by reducing noise and disruption. However, there was concern about restricting residents from performing necessary maintenance and small projects on their properties, especially since Sundays may be the only available day for some homeowners. Staff clarified that the proposed restrictions would apply only to work requiring a building permit, such as new build construction, significant home additions or full re-roofing. Smaller, non-permit tasks like emergency roof patches or installing tile floors would not be affected. Furthermore, noise from power tools and landscaping equipment continues to be regulated under the noise regulation section of the Municipal Code. The Planning Commission supported these clarifications and unanimously approved Code Amendment 2024-01 as presented.

Staff is proposing that section 15.30.020 be amended in its entirety to read as follows:

15.30.020 Hours of Construction Activity
A. Construction hours within the City of Norco are as follows:

1. Weekdays (Monday to Friday): Construction may occur between 7:00 AM and 7:00 PM.

2. Saturday: Construction may occur between 8:00 AM and 5:00 PM.

3. Sunday and Federal Holidays: No construction activities are permitted.

B. Exceptions to these hours may be considered by the City Manager or Director of Community Development, or the Conditions of approval in a project, provided such changes do not negatively affect nearby neighborhoods.

C. Emergency work necessary to restore utilities (Electric, Water, Gas) to a building due to unforeseen circumstances is exempt from the construction hour restrictions.

D. Deliveries and any other vehicle noise associated with construction sites are included in the construction hours limitations.

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E. For the purpose of these regulations, construction refers to any alteration to improved or unimproved real estate, including but not limited to buildings, streets, utilities, grading, excavation, mining, dredging, drilling, or pile driving.

Other references in the NMC on Construction Hours: Construction hours are also referenced as an exemption to the noise regulation in Title 9 – “Peace, Safety and Morals” of the Norco Municipal Code, Chapter 9.07- “Noise Regulations”, Section

9.07.020 – “Exemptions”, Item "I" as follows:

I. Private construction projects involving no more than one unit located within onequarter of a mile from an inhabited dwelling; provided, that:

1. Construction does not occur between the hours of 7:00 p.m. and 7:00 a.m., Monday through Friday and 7:00 p.m. and 8:00 a.m., on Saturday and Sunday, unless specified by permit;
For consistency with the proposed amendment for Section 15.30.020 when cross refenced in other parts of the Code, staff is proposing that Section 9.07.020, Exception I, be amended in its entirety to read as follows:

I. Permitted construction projects provided, that:

1. Construction occurs between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday and 8:00 a.m. and 5:00 p.m., on Saturday. No work is allowed on Sunday or Federal holidays, unless specified by permit;

2. Emergency work necessary to restore utilities (Electric, Water, Gas) to a building due to unforeseen circumstances is exempt from construction hours restrictions.

FISCAL IMPACT:

Not applicable for this item.

RELATIONSHIP TO STRATEGIC PLAN:

This item is consistent with Strategic Direction #1 - Public Health, Safety and Wellness:

Enhance quality of life by promoting public health, safety and wellness initiatives for all community members.

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. 1113 for Code Amendment 2024-01

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EXHIBIT A-NEIGHBORING JURISDICTIONS MUNI CODES

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ORDINANCE NO. 1113

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, APPROVING CODE AMENDMENT 2024-01: 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.

WHEREAS, the CITY OF NORCO initiated Code Amendment 2024-01, a proposal to amend Title 15 – “Building and Construction”, Section 15.30.020 – “Hours of Construction Activity”, and Title 9 – Peace, Safety and Morals”, Section 9.07.020 – “Exemptions”, relating allowable construction hours; and
WHEREAS, the 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 Code Amendment was scheduled for public hearing on May 8, 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 said Code Amendment; and WHEREAS, the Planning Commission adopted Resolution 2024-12, recommending approval of Code Amendment 2024-01 to the City Council; and WHEREAS, the 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 Code Amendment was scheduled for public hearing on May 15, 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 Code Amendment; and WHEREAS, the City of Norco acting as the Lead Agency has determined that this Code Amendment is exempt from review under the California Environmental Quality Act (CEQA).

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

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Ordinance No.1113 for Code Amendment 2024-01
June 5, 2024

Page 2 ends

I. FINDINGS.

A. The currently adopted construction hours in the Buildings and Construction Code ordinance has provided confusion for Property Owners and Contractors for the allowable working hours and days for construction projects taking place within City limits.

B. The proposed code amendment will provide clear and understandable parameters for allowable hours and days for construction for Contractors, Homeowners, and other constituents working on construction projects within the City limits of Norco.

C. The proposed Code Amendment will not be detrimental to the public convenience, health, safety, or general welfare of the City because the amendment ensures clarity and predictability in construction hours, while mitigating disruptions to residents and businesses. By promoting consistent working hours, the amendment fosters a reasonable balance between construction progress and community well-being.

D. Said code amendment is exempt from environmental review pursuant to State CEQA Guidelines Section 15061(b)(3), as there is no possibility that the proposed changes would have a significant impact on the environment.

II. DETERMINATION:

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

SECTION 1:

Title 15 – “Building and Construction” of the Norco Municipal Code, Chapter 15.30 - “Hours of Construction”, Section 15.30.020 – “Hours of Construction Activity” is hereby amended in its entirety to read as follows:

15.30.020 Hours of Construction Activity
A. Construction hours within the City of Norco are as follows:

1. Weekdays (Monday to Friday): Construction may occur between 7:00 AM and 7:00 PM.

2. Saturday: Construction may occur between 8:00 AM and 5:00 PM.

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Ordinance No.1113 for Code Amendment 2024-01
June 5, 2024

Page 3 ends

3. Sunday and Federal Holidays: No construction activities are permitted.

B. Exceptions to these hours may be considered by the City Manager or Director of Community Development, provided such changes do not negatively affect nearby neighborhoods.

C. Emergency work necessary to restore utilities (Electric, Water, Gas) to a building due to unforeseen circumstances is exempt from the construction hour restrictions.

D. Deliveries and any other vehicle noise associated with construction sites are included in the construction hours limitations.

Title 9 – “Peace, Safety and Morals” of the Norco Municipal Code, Chapter 9.07- “Noise Regulations”, Section 9.07.020 – “Exemptions”, Item I is hereby amended in its entirety to read as follows:

I. Permitted construction projects provided, that:

2. Emergency work necessary to restore utilities (Electric, Water, Gas) to a building due to unforeseen circumstances is exempt from construction hours restrictions.

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.

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Ordinance No.1113 for Code Amendment 2024-01
June 5, 2024

Page 4 ends

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.

PASSED AND ADOPTED by the City Council of the City of Norco, California at a regular meeting held June 5, 2024.
__________________________
Kevin Bash, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California

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Ordinance No.1113 for Code Amendment 2024-01
June 5, 2024

Page 5 ends

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 May 15, 2024, and thereafter at a regular meeting of said City Council duly held on June 5, 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, on June 5, 2024
________________________
Dana Roa, CMC, City Clerk
City of Norco, California

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1 EXHIBIT A

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2 Moreno Valley- Chapter 8 Buildings & Construc�on

8.14.040- (E)-Hours of Construc�on. Any construc�on within the city shall only be completed between the hours of seven a.m. to seven p.m. Monday through Friday, excluding holidays and from eight a.m. to four p.m. on Saturday, unless writen approval is obtained from the city building official or city engineer. (Ord. 484 § 3.2, 1995; Ord. 759 § 5.5, 2007; Ord. 912 § 8, 2016)

11.80.030 (D)- Noise Ordinance-Construc�on and Demoli�on. No person shall operate or cause the opera�on of any tools or equipment used in construc�on, drilling, repair, altera�on or demoli�on work between the hours of eight p.m. and seven a.m. the following day such that the sound there from creates a noise disturbance, except for emergency work by public service u�li�es or for other work approved by the city manager or designee. This sec�on shall not apply to the use of power tools as provided in subsec�on (D)(9) of this sec�on.

D9- Power Tools. No person shall operate or permit the opera�on of any mechanically, electrically or gasoline motor-driven tool during nigh�me hours so as to cause a noise disturbance across a residen�al real property boundary.

Corona-Chapter 15.02.120
“The Building Official may, in wri�ng, suspend or revoke a permit issued under the provisions of this code if construc�on noise is generated between the hours of 8:00 p.m. and 7:00 a.m., Monday through Saturday and 6:00 p.m. to 10:00 a.m. on Sundays and Federal Holidays. Construc�on noise is defined as noise which is disturbing, excessive, or offensive and cons�tutes a nuisance involving discomfort or annoyance to persons of normal sensi�vity residing in the area, which is generated by the use of any tools, machinery or equipment used in connec�on with construc�on opera�ons.

Zoning-17.84.040 (D2)- Construc�on noise. Construc�on noise is prohibited between the hours of 8:00 p.m. to 7:00 a.m., Monday through Saturday and 6:00 p.m. to 10:00 a.m. on Sundays and federal holidays. Construc�on noise is defined as noise which is disturbing, excessive or offensive and cons�tutes a nuisance involving discomfort or annoyance to persons of normal sensi�vity residing in the area, which is generated by the use of any tools, machinery or equipment used in connec�on with construc�on opera�ons.

Jurupa Valley8.01.20 € Construc�on noise.
(1) Whenever a construc�on site is within one-quarter (¼) of a mile of an occupied residence or residences, no construc�on ac�vi�es shall be undertaken between the hours of six (6:00) p.m. and six (6:00) a.m. during the months of June through September and between the hours of six (6:00) p.m. and six (6:00) a.m. during the months of October through May. Excep�ons to these standards shall be allowed only with the writen consent of the Chief Building Official. (2)The genera�on of construc�on noise other than as permited in subsec�on (F)(1) of this sec�on, shall be a viola�on of this �tle, and the Chief Building Official or his or her designee shall have the authority to undertake enforcement ac�ons in accordance with the procedures, remedies and penal�es for viola�ons as provided for in Chapters 1.10 through 1.25.

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3 Jurupa Valley-Con�nued
Sec. 11.05.020. - Exemp�ons.-Private construc�on projects located one-quarter (¼) of a mile or more from an inhabited dwelling;
(9)Private construc�on projects located within one-quarter (¼) of a mile from an inhabited dwelling, provided that:(a)Construc�on does not occur between the hours of six (6:00) p.m. and six (6:00) a.m. during the months of June through September; and(b)Construc�on does not occur between the hours of six (6:00) p.m. and seven (7:00) a.m. during the months of October through May; (10)Property maintenance, including, but not limited to, the opera�on of lawnmowers, leaf blowers, etc., provided such maintenance occurs between the hours of seven (7:00) a.m. and eight (8:00) p.m.; Eastvale
Sec. 120.05.130. - Noise, odor and vibra�on performance provisions. (a)Applicability. The standards of this sec�on apply to all new and exis�ng land uses within the city, unless otherwise exempted.(b)Noise standards. All uses shall comply with the noise standards set forth in the city's general plan and within the city's noise ordinance (see chapter 8.52).

Sec. 8.52.020. - Exemp�ons.
(8)Private construc�on projects located one-quarter of a mile or more from an inhabited dwelling; (9)Private construc�on projects located within one-quarter of a mile from an inhabited dwelling, provided that construc�on does not occur between the hours of:a.6:00 p.m. and 6:00 a.m. during the months of June through September; andb.6:00 p.m. and 7:00 a.m. during the months of October through May;
Riverside County
Same exact wording as Eastvale and Jurupa ValleyCity of Riverside

7.35.020 - Exemp�ons.

The following ac�vi�es shall be exempt from the provisions of this �tle; Construc�on. Noise sources associated with construc�on, repair, remodeling, or grading of any real property; provided a permit has been obtained from the City as required; and provided said ac�vi�es do not take place between the hours of 7:00 p.m. and 7:00 a.m. on weekdays, between the hours of 5:00 p.m. and 8:00 a.m. on Saturdays, or at any �me on Sunday or a federal holiday.

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4 City of Chino Hills

8.08.020 - Regula�on of construc�on and property maintenance noise.

A. Except when necessary for the immediate preserva�on of life, health, or property, no person shall construct, repair, remodel, demolish, or grade any real property or structures thereon at any �me other than between the hours of 7:00 a.m. and 7:00 p.m. on weekdays, and between 8:00 a.m. and 6:00 p.m. on Saturdays, excluding federal holidays. Notwithstanding the foregoing, an individual residen�al property owner or tenant in addi�on to the above permissible hours of construc�on may also construct, repair, or remodel his or her real property or any structure on such property during the hours of 7:00 p.m. and 10:00 p.m. on weekdays and between 6:00 p.m. and 10:00 p.m. on Saturdays, and between the hours of 8:00 a.m. and 10:00 p.m. on Sundays and federal holidays provided that the noise or sounds associated with such ac�vi�es cannot be heard by a reasonable person beyond the boundary lines of the property.

B. No property owner, tenant, or contractor thereof shall operate or allow the opera�on of mobile, outdoor mechanical or electrical equipment (e.g., lawn mowers, leaf blowers, hedge trimmers, etc.) that generates noise or sounds that can be heard by a reasonable person beyond the boundary lines of the property at any �me other than between the hours of 7:00 a.m. and 8:00 p.m. on weekdays, and between 8:00 a.m. and 7:00 p.m. on Saturdays, Sundays, and federal holidays. This provision shall not apply to the opera�on of a fixed noise source (e.g., air condi�oning units, pool equipment, etc.) that conforms to the noise standards pursuant to Sec�on 16.48.020.

City of Chino

15.44.030 - Construc�on hours.

A. Construc�on shall occur only between the hours of 7:00 a.m. and 8:00 p.m. Monday through Saturday, with no construc�on allowed on Sundays and federal holidays. For the purposes of this sec�on, construc�on shall mean any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, streets and other paving, u�li�es, filling, grading, excava�on, mining, dredging, drilling opera�ons, or pile driving.

B. The director of development services may approve excep�ons to the hours of construc�on noted in Subsec�on A of this sec�on, provided that the change in hours does not adversely impact the adjacent neighborhood.

City of Claremont

4. Exemp�ons to Noise Ordinance: Noise sources associated with or vibra�on created by construc�on, repair, remodeling or grading of any real property, or during authorized seismic surveys, provided:
a. Ac�vi�es take place between the hours of 7:00 a.m. and 8:00 p.m. weekdays and Saturdays, excluding na�onal holidays; and
b. Noise levels, as measured on residen�al proper�es, do not exceed 65 dBA for a cumula�ve period of more than 15 minutes in any one hour, 70 dBA for a cumula�ve period of more than 10 minutes in any one hour, 79 dBA for a cumula�ve period of more than 5 minutes in any one hour or 80 dBA at any �me; and c. Any vibra�on created does not endanger the public health, welfare, and safety.

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5 City of Norco- Current Code

15.30.020 Hours of Construc�on Ac�vity
Construc�on ac�vity, including equipment start-up and use, and the loading, unloading and handling of materials, shall not commence before 6:30 a.m., or con�nue beyond 7 p.m., on weekdays. No construc�on ac�vity for residen�al development projects that consist of more than one unit is permited on Saturdays, Sundays, or na�onal holidays unless otherwise permited with condi�ons on en�tlements.

The restric�ons from Saturdays, Sundays, and na�onal holidays shall not apply to single-building permits for expansion and upgrade to exis�ng buildings; however, no such construc�on shall begin before 8 a.m.

PROPOSED AMENDMENTConstruc�on hours within the City of Norco are as follows:

Weekdays (Monday to Friday): Construc�on may occur between 7:00 AM and 7:00 PM.

Saturday: Construc�on may occur between 8:00 AM and 5:00 PM.

Sunday and Federal Holidays: No construc�on ac�vi�es are permited.

Excep�ons to these hours may be considered by the City Manager or Director of Community Development, provided such changes do not nega�vely affect nearby neighborhoods.

Emergency work necessary to restore u�li�es (Electric, Water, Gas) to a building due to unforeseen circumstances is exempt from the construc�on hour restric�ons.

Deliveries and any other vehicle noise associated with construc�on sites are included in the construc�on hours limita�ons.

For the purpose of these regula�ons, construc�on refers to any altera�on to improved or unimproved real estate, including but not limited to buildings, streets, u�li�es, grading, excava�on, mining, dredging, drilling, or pile driving.

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City Council

STAFF REPORT
Date: June 5, 2024 Agenda Item:

5.B.

To: Honorable Mayor and City Council Members
From: Michelle Anglin, Community Services Director
Prepared By: Michelle Anglin, Community Services Director Department: Community Services
SUBJECT:

Ordinance No. 1115, Second Reading: Amending Norco Municipal Code Chapter 8.04 “Running at Large”. Code Amendment 2024-03
RECOMMENDATION:

Adopt Ordinance No. 1115, Second Reading (City of Norco): An Ordinance of the City Council of the City of Norco, California, Amending the Norco Municipal Code Chapter

8.04 “Running at Large” to modify fowl/poultry requirements, approve Code Amendment 2024-03.

SUMMARY:

The First Reading of Ordinance No. 1115, was held on May 15, 2024 and was adopted by the City Council, with minor language adjustments recommended by the City Attorney.

BACKGROUND:

City Council recently discussed the current poultry/fowl Municipal Code requirements in the City of Norco. The goal of the discussion was to analyze the code and make sure it clearly reflects the spirit, intent and expectations of the City Council to protect and preserve the rural lifestyle in Horsetown USA.

Understanding City Council's desire to allow poultry/fowl to run at large, it is recognized that some fowl/poultry are free-range and can fly over fences to neighboring residents or enter into the public right-of-way even while reasonable measures are taken by their owner. This has been historically normal and customary occurrences of poultry/fowl, and as such, part of the aesthetics in this agricultural community.

An updated ordinance has been prepared to exclude fowl/poultry and includes substantive revisions to the Norco Municipal Code Chapter 8.04 “Running at Large” as follows:

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 Revision of the subtitle 8.04.010 to read "Reserved". The removal of the current code language in this section will allow for fowl/poultry to run at large, with the exception as reflected in 8.04.030(b).
 Revision of the subtitle for 8.04.020 to read "Prohibition on Animals Running at Large".
 Revision of the subtitle for 8.04.030 to read "Impoundment of Animals Running at Large in Violation of Law".
 Inclusion of alpaca, llama, emu, camel, and ostrich in section 8.04.020.

Additionally, to assist Officers with enforcement of habitual occurrences of overage of animal units, and/or illegal activity with roosters, the addition of 8.04.030(b) has been included to aid in compliance issues:
"Roosters. No person who, in the past 24 months, has been convicted of a crime for, pled no contest to a crime for, or been found liable in any administrative proceeding for, violating any local, state, or federal law or regulation regarding or pertaining to roosters shall permit his, her, or its roosters to wander, run at large, forage or graze in or on any public street, alley, sidewalk, or other public place within the city or in or upon the gardens, yards, fields, or premises of any person in the city, other than that of the owner or person having charge of such rooster. Such conduct is declared to be a nuisance and it is unlawful for the owner, or the person having charge, control or custody of any such animal to suffer or permit the same to run at large within the city."
Furthermore, with regard to concerns about poultry/fowl running at large that may contribute to the spreading of avian diseases amongst the community, if there were to be a breakout, residents will need to adhere to biosecurity directives from California Department of Food and Agriculture (CDFA), including but not limited to keeping one's fowl/poultry contained or quarantined on one's property.

FISCAL IMPACT:

Not applicable for this item.

RELATIONSHIP TO STRATEGIC PLAN:

This item is consistent with Strategic Direction #1, Public Health, Safety and Wellness - Enhance quality of life by promoting public health, safety and wellness initiatives for all community members.

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 1115

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ORDINANCE NO. 1115

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO, CALIFORNIA, AMENDING CHAPTER 8.04 “RUNNING AT LARGE” TO THE NORCO MUNICIPAL CODE. CODE AMENDMENT 2024-03
WHEREAS, on March 06, 2024, the City Council requested a discussion and possible amendment to the Norco Municipal Code Chapter 8.04; and WHEREAS, on March 20, 2024, the City Council directed Staff to return to a future City Council meeting with an amended Ordinance to exclude poultry/fowl; and WHEREAS, the Code Amendment was scheduled for City Council review on May 1, 2024, on or about 7:00 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California, 92860.

WHEREAS, the Public Hearing for the Code Amendment was continued for City Council review on May 15, 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 8.04 “Running at Large” is hereby amended to read as follows:

Chapter 8.04

RUNNING AT LARGE
Sections:

8.04.010 Reserved

8.04.020 Prohibition on Animals Running at Large.

8.04.030 Impoundment of Animals Running at Large in Violation of Law.

8.04.040 Unclaimed animals.

8.04.010 Reserved

8.04.020 Prohibition on Animals Running at Large.
a) No person, having charge, control or custody of any domestic bovine animal, horse, mule, burro, sheep, goat, alpaca, llama, emu, camel, ostrich or swine shall permit such animal to wander, run at large,

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Ordinance No. 1115

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June 5, 2024
pasture, or graze in or on any public street, alley, sidewalk, or other public place within the city or in or upon the gardens, yards, fields, or premises of any person in the city, other than that of the owner or person having charge of such animal. Such conduct is declared to be a nuisance and it is unlawful for the owner, or the person having charge, control or custody of any such animal to suffer or permit the same to run at large within the city. (Ord. 399, Sec. 2, 1977)
b) Roosters. No person who, in the past 24 months, has been convicted of a crime for, pled no contest to a crime for, or been found liable in any administrative proceeding for, violating any local, state, or federal law or regulation regarding or pertaining to roosters shall permit his, her, or its roosters to wander, run at large, forage or graze in or on any public street, alley, sidewalk, or other public place within the city or in or upon the gardens, yards, fields, or premises of any person in the city, other than that of the owner or person having charge of such rooster. Such conduct is declared to be a nuisance and it is unlawful for the owner, or the person having charge, control or custody of any such animal to suffer or permit the same to run at large within the city.

8.04.030 Impoundment of Animals Running at Large in Violation of Law. (a) It shall be the duty of the Officer of Animal Services, upon finding any such animal wandering, running at large, pasturing, or grazing in violation of this chapter or state, federal law, or other applicable law,, to place such animal in confinement. Within twenty-four hours after such seizure, the Officer of Animal Services shall give written notice to the owner or person having charge or custody of the animal, if known, by personal service, certified mail, or by leaving said notice with a responsible adult at the residence. Upon receipt of such notice, the owner or person having charge or custody of the animal shall immediately claim or make arrangements to claim such animal and pay the impoundment fee and all other costs incurred for the care of the animal while in confinement, including, but not limited to, the cost of transportation and feed. (Ord. 399, Sec. 3, 1977)
(b) Impounded animals will not be returned unless, following their return, the total number of animals on the property to which the animals will be kept fully complies with this code, and state, federal, and other applicable laws.

8.04.040 Unclaimed animals.
(a) In the case of unclaimed bovine animals where the owner has been notified but has not claimed the animal, the Officer of Animal Services shall notify the Director of the Food and Agriculture Department within three days after impoundment and dispose of the animal pursuant to subsection (d) of this section.

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Ordinance No. 1115

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June 5, 2024
(b) In the case of unclaimed bovine animals where ownership cannot be determined, the Officer of Animal Services shall, within three days after impoundment, relinquish possession of such animals to the Director of the Food and Agriculture Department of the State of California. (c) In the case of all other large animals, including horses, burros, sheep, goat, alpaca, llama, emu, camel, ostrich or swine and mules, the Officer of Animal Services shall notify the Director of the Food and Agriculture Department pursuant to the provisions of the State Agriculture Code and dispose of the animal in accordance with the provisions of subsection (d) of this section. (d) Where a large animal has been impounded in accordance with the provisions of this chapter, the Officer of Animal Services shall have a lien for compensation in transporting, boarding, feeding, or pasturing the animal; and, except as provided in subsection (b) of this section, shall dispose of such unclaimed large animals and recover the costs incurred during impoundment as follows: On or after the thirteenth day of impoundment, a notice of public auction shall be published once in a newspaper published in the city. The notice shall contain an accurate description of the animal to be sold, together with the term of sale, which must be for cash, payable on the consummation of the sale. The notice shall also specify the date of auction which date shall provide at least ten days but not more than twenty days notice of said auction. The proceeds of the sale shall be applied to the discharge of the costs incurred, including the cost of sale, and the remainder, if any, shall be paid into the city treasury. (e) In all other cases involving animals not specified in subsections (b) and (c) of this section, the Officer of Animal Services shall place the animal with the Norco Animal Shelter, which shall dispose of the animal in accordance with that shelter’s policies.(Ord. 783, 2001;Ord. 399, Sec. 4, 1977) 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 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.

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Ordinance No. 1115

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June 5, 2024
PASSED and ADOPTED by the City Council of the City of Norco, California, at a regular meeting on June 5, 2024.
________________________
Kevin Bash, Mayor City
of Norco, California
ATTEST:
___________________
Dana Roa, CMC, City Clerk
City of Norco, California

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Ordinance No. 1115

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June 5, 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 May 15, 2024, and thereafter at a regular meeting of said City Council duly held on June 5, 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, June 5, 2024.
_________________________
Dana Roa, CMC, City Clerk
City of Norco, California

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City Council

STAFF REPORT
Date: June 5, 2024 Agenda Item:

5.C.

To: Honorable Mayor and City Council Members
From: Lori Sassoon, City Manager
Prepared By: Jackie Salgado, Admin Intern
Department: Administration
SUBJECT:

Second Reading: Ordinance No. 1116 Amending Norco Municipal Code Title 9, Chapter

9.07 - Noise Regulations with the amendment of the removal of Section 9.07.080, Subsection (D)
RECOMMENDATION:

Adopt Second Reading: Ordinance No. 1116 to Amend Norco Municipal Code Title 9, Chapter 9.07 - Noise Regulations with the amendment of the removal of Section

9.07.080, Subsection (D).

SUMMARY:

The Municipal Code Title 9, Chapter 9.07 regulates noise in the City of Norco. In response to community complaints regarding amplified noise, most especially loud weekend parties and repeat violations at the same locations, the City Council requested that this matter be brought forward for a discussion with the goal of providing additional tools to aid in enforcement of ongoing noise issues. First reading of this ordinance was approved on May 15, 2024.

BACKGROUND:

The Municipal Code Title 9, Chapter 9.07 regulates noise in the City of Norco. In response to community complaints regarding amplified noise, most especially loud weekend parties and repeat violations at the same locations, the City Council requested that this matter be brought forward for a discussion. At the City Council meeting on March 20, 2024, the City Council requested that changes to the Municipal Code be brought back for further consideration. The following Attachment A contains the Ordinance with tracked changes and Attachment B contains the Ordinance without the tracked changes.

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Norco City CouncilJune 5, 2024

Norco City Council
June 5, 2024