Norco City Council
August 21, 2024

AGENDA
City Council
Wednesday, August 21, 2024
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL TO ORDER 6:00 PM
ROLL CALL Kevin Bash, Mayor
Greg Newton, Mayor Pro Tem
Katherine Aleman, Council Member
Robin Grundmeyer, Council Member
Berwin Hanna, Council Member

CLOSED SESSION

CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (1 potential case)

CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: APN 153-240-280
Agency negotiators: Interim City Manager
Under negotiation: Price and Terms

CONFERENCE WITH LABOR NEGOTIATOR
Agency designated representative: Interim City Manager Lisette Free Employee organization: Norco General Employees Association, Utility Workers Union of America, AFL-CIO Local 606, Unrepresented Employees: Mid-Management, Confidential, and Management Employees

CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (1 potential case)
RECONVENE PUBLIC SESSION 7:00 PM

REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
PLEDGE OF ALLEGIANCE Mayor Bash
INVOCATION Pastor Erin Diaz
New Beginnings Community Church
INTRODUCTION Patrick Wright, Event Services
Supervisor for the Ingalls Event
Center
City Council Agenda - August 21, 2024
PRESENTATIONS Recognizing Sixth Street Deli for their
Continued Community Support
Recognizing Judy Bonham for her
Outstanding Achievement
Recognizing Norco Girls Softball 8U
and 12U Teams for their wins
Heritage Room Update - Amy
Wheeler

1. CITY COUNCIL REPORTS ON REGIONAL BOARDS

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

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

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

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

Staff Report - Pdf

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

Approve the City Council Regular Meeting Minutes of August 07, 2024.

Staff Report - Pdf

City Council Agenda - August 21, 2024

3.C. Improvement and Credit/Reimbursement Agreement Transportation Uniform Mitigation Fee Program for Palomino Business Park RECOMMENDATION:

Approve the Transportation Uniform Mitigation Fee (TUMF) Reimbursement Agreement between the City of Norco, the Western Riverside Council of Governments (WRCOG), and CRP LDF Palomino, LLC (Caprock) for street widening improvements on First Street (Mountain Avenue to Parkridge Avenue) and at Second Street (Mountain Avenue and Pacific Avenue).

Staff Report - Pdf

3.D. Approve quote from Yunix Traffic for installation of LED lights at various traffic and pedestrian signal heads in Norco
RECOMMENDATION:

Accept the quote from Yunix Traffic for installation of LED lights on various traffic and pedestrian signal heads in Norco and authorize the City Manager to approve a purchase order in the amount of $119,624.

Staff Report - Pdf

3.E. Amendment of FY 2025-29 Capital Improvement Program to include additional funding for the Citation Drive Storm Drain Project, Acceptance of Bids, Award of Contract, and Approval of Project Plans for the Citation Drive Storm Drain Project
RECOMMENDATION:

Appropriate additional funding for Fiscal Year (FY) 2025-29 CIP storm drain budget in the amount of $245,000 for the Citation Drive Storm Drain Project; accept bids and award a contract to Wright Construction Engineering Corp. for the Citation Drive Storm Drain Project in the amount of $365,000; and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.

Staff Report - Pdf

3.F. Acceptance of the First Street Storm Drain Project as Complete RECOMMENDATION:

Accept the First Street Storm Drain Project as complete and authorize the City Clerk to file the Notice of Completion with the County of Riverside.

Staff Report - Pdf

City Council Agenda - August 21, 2024

3.G. Approval of a 3-year contract for professional public works inspection services
RECOMMENDATION:

Approve and award a 3-year contract to Z&K Consultants, Inc. to provide professional inspection services for the Public Works Department for fiscal year 2024-25 through 2026-27 in an amount not to exceed $550,000 annually.

Staff Report - Pdf

3.H. Consideration of support for Proposition 36, the Homeless, Drug Addiction, and Theft Reduction Act
RECOMMENDATION:

Join the list of Californians for Safer Communities Coalition supporters of Proposition 36.

Staff Report - Pdf

3.I. Recap of Actions Taken by the Planning Commission at its Meeting Held on August 14, 2024
RECOMMENDATION:

Receive and file the recap of actions taken by the Planning Commission at its meeting held on August 14, 2024.

Staff Report - Pdf

4. ITEM(S) PULLED FROM CONSENT CALENDAR

5. LEGISLATIVE MATTERS
No new evidence will be heard from the public as the public hearing has been closed regarding the items listed. If new substantial amendments are made to the Ordinance at this time, the Ordinance will require a "Third" reading and public comments will be allowed.

City Council Agenda - August 21, 2024

5.A. Ordinance No. 1123, Second Reading: Amendment of Ordinance 1040 for Title 3 of the Norco Municipal Code (NMC), Chapter 3.24 "Purchasing System", addition of section 3.24.066 to comply with California SB 1383, and 16 CFR 260.12 recycling purchasing requirements. Code Amendment 2024-09
RECOMMENDATION:

Ordinance No. 1123: Second Reading, Approval of Amendment of Ordinance 1040, for Title 3 of the Norco Municipal Code (NMC), Chapter

3.24 "Purchasing System", addition of section 3.24.066 to comply with California SB 1383, and 16 CFR 260.12 recycling purchasing requirements. Code Amendment 2024-09.

Staff Report - Pdf

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

1. Staff Report Presentation

2. Council Questions of Staff

3. Public Comment

4. Council Discussion and Action

6.A. Discussion regarding existing requirements for Primary Animal Keeping Areas (PAKAs) and open Animal Keeping Areas (AKAs) on private properties zoned for animal-keeping, and changes/updates that may be warranted to further facilitate and protect animal-keeping RECOMMENDATION:

Discuss existing provisions for animal-keeping areas in their respective zones and recommend changes as appropriate.

Staff Report - Pdf

6.B. Discussion regarding City Manager contract approval threshold RECOMMENDATION:

Discuss City Manager contract approval threshold and direct staff on next steps.

Staff Report - Pdf

City Council Agenda - August 21, 2024

6.C. Introduction and first reading of Ordinance No. 1124: An Ordinance of the City Council of the City of Norco, California, Amending Title 9 of the Norco Municipal Code (NMC), Chapter 9.20 “Fireworks”, Section 9.20.040 “Administrative citation – Issuance” to increase the fine amounts for illegal use of fireworks. Code Amendment 2024-10
RECOMMENDATION:

Ordinance No. 1124: First Reading, Approval of Amendment of Title 9 of the Norco Municipal Code (NMC), Chapter 9.20 "Fireworks", Section

9.20.040 "Administrative citation - Issuance" to increase the fine amounts for illegal use of fireworks.

Staff Report - Pdf

6.D. First Reading Ordinance No. 1125 Amending the Norco Municipal Code Title 2, Chapter 2.06 "City Council Salaries" Increasing the Compensation of City Council Members - Code Amendment 2024-11
RECOMMENDATION:

Adopt Ordinance No. 1125 First Reading Amending Section 2.06.030 of the Municipal Code, Salaries, adjusting Council Member Compensation to $1,182.50 per Month, or another amount as directed, to be effective January 1, 2025.

Staff Report - Pdf

7. CITY COUNCIL / STAFF COMMUNICATIONS

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

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

City Council

STAFF REPORT
Date: August 21, 2024 Agenda Item:

3.A.

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

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

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

REVIEWED AND APPROVED BY:

City Council

STAFF REPORT
Date: August 21, 2024 Agenda Item:

3.B.

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

Approval of City Council Regular Meeting Minutes
RECOMMENDATION:

Approve the City Council Regular Meeting Minutes of August 07, 2024.

REVIEWED AND APPROVED BY:

ATTACHMENT(S):

City Council - Aug 07 2024 - DRAFT Minutes

DRAFT - MINUTES
City Council
Wednesday, August 7, 2024
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL TO ORDER 5:00 PM
ROLL CALL Kevin Bash, Mayor
Greg Newton, Mayor Pro Tem
Katherine Aleman, Council Member
Robin Grundmeyer, Council Member
Berwin Hanna, Council Member

CLOSED SESSION
City Attorney Burns read the Closed Session items into the record.

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code §54957
Title: City Manager

CONFERENCE WITH LABOR NEGOTIATOR
Agency designated representative: City Manager Sassoon
Employee organization: Norco General Employees Association, Utility Workers Union of America, AFL-CIO Local 606, Unrepresented Employees: Mid-Management, Confidential, and Management Employees

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Silverlakes Sports Park
Agency negotiators: City Manager, Finance Director, Planning Director Negotiating parties: City of Norco and Balboa Management Group LLC.

Under negotiation: Price and Terms

CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: APN 153-240-028
Agency negotiators: City Manager
Under negotiation: Price and Terms
RECONVENE PUBLIC SESSION 7:08 PM

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

City Council Minutes - August 7, 2024
PLEDGE OF ALLEGIANCE Council Member Hanna
INVOCATION Associate Pastor Lazaro Santiago
Beacon Hill Assembly of God

PRESENTATIONS
Horseweek Donations
Horseweek President, Joe Holzbaugh, presented donations to Norco Animal Control, Norco Animal Rescue Team (NART), Norco Seniors and Pets, Norco Senior Center and the Norco Highschool Future Farmers of America (FFA) Program.

City of Norco Mounting Block Pilot Project
Facilities and Maintenance Director Hamilton presented information on the Mounting Block Pilot Project and answered questions from Council Members.

Mount Up Mission representative, Maria Piche, introduced herself and provided additional information on the program and extended an invite to the Mount Up installation at Grocery Outlet on Saturday, August 10, 2024, at 10 AM.

Read to Ride Program
Norco Library representative, Jamie Shin, presented information on the Read to Ride Program and answered questions from Council Members.

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

2. PUBLIC COMMENTS
Dillon Wemple spoke regarding integrating an organic, farm friendly, pest management system.

Sgt. Larry Eckhoff thanked City Staff and City Council for their hard work. He spoke regarding staff's help with the Veterans Brick table at National Night Out and spoke highly of staff from the Senior Center for the programs they facilitate.

Greg Bowen spoke regarding an opening ceremony on Sunday, August 25, 2024, at the PRCA Rodeo that will include over 100 mounted Law Enforcement Officers riding down the Sixth Street Trail to the Ingalls Event Center.

City Council Minutes - August 7, 2024
John Quiroz spoke regarding his concerns with the planning requirements for underground electrical that changed after building inspections occurred at a property located on Acacia Ave.

Maria Fernandez spoke in support of John Quiroz regarding her concerns with electrical requirements that were changed after inspections were complete at a property located on Acacia Ave.

Bonnie Slager spoke regarding the upcoming Norco Fair and reminded everyone that fair buttons are sold at various locations throughout the City, including City Hall, for $15 each. She extended an invite to Norco Horseman's Candidate Night on September 19, 2024, at 6:30 PM at Nellie Weaver Hall.

Denise Foutaine-Shoemaker spoke in support of the Library's Beanstock 101, Read to Ride Program.

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

Mayor Pro Tem Newton asked that item 3.K. and 3.M. be pulled and Mayor Bash asked that item 3.F. be pulled.

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

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

3.A. Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only
Action: Waived reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.

3.B. Approval of City Council Regular Meeting Minutes
Action: Approved the City Council Regular Meeting Minutes of July 17, 2024.

City Council Minutes - August 7, 2024

3.C. Resolution authorizing submittal of an application for grant funding from State Water Resources Control Board for Per- and Polyfluoroalkyl Substances (PFAS) Remediation
Action: Adopted Resolution No. 2024-50, authorizing the City Manager or their designee to submit an application for financial assistance agreement from the State Water Resources Control Board for the planning, design, and construction of Per- and polyfluoroalkyl substances (PFAS) Groundwater Remediation Project.

3.D. Quarterly Investment Report for Quarter Ended June 30, 2024 Action: Received and filed the Quarterly Investment Report for the Quarter Ended June 30, 2024.

3.E. Acceptance of the Citywide Facility Painting and Treatment Project as Complete (Project No. 54303.8)
Action: Accepted the Citywide Facility Painting and Treatment Project as complete and authorized the City Clerk to file a Notice of Completion with the County of Riverside.

3.G. Authorize the City of Norco to opt in to participate in the National Opioid Kroger Settlement Agreement
Action: Authorized to opt in to participate in the National Opioid Kroger Settlement Agreement.

3.H. Acceptance of Bids, Award of Contract, and Approval of Project Plans for the Norco Animal Shelter NPDES Improvement Project
Action: Accepted bids, approved project plans, and awarded the contract to Act 1 Construction Inc. for the Norco Animal Shelter NPDES Improvement Project in the amount of $215,756, and authorized the City Manager to approve contract change orders up to 10% of the original contract.

3.I. New Observance Request: Constitution Week
Action: Approved the subcommittee's recommendation to recognize Constitution Week.

3.J. Designation of Voting Delegate and Alternate for the 2024 League of California Cities Annual Conference and Expo

City Council Minutes - August 7, 2024
Action: Adopted Resolution No. 2024-51, appointing Mayor Kevin Bash as the voting delegate to represent the City of Norco at the 2024 League of California Cities Annual Conference and no alternate will be appointed.

3.L. Consideration of an amendment to the Participation Agreement with the Norco Automobile Merchants Association for upgrades to the Auto Mall's digital sign, and appropriate $188,200 from the Economic Development Reserve for the City's share of the sign upgrades
Action: Authorized the Mayor to execute the agreement and approved an appropriation of $188,200 from the Economic Development Reserve for the City's share of the sign upgrades.

4. ITEM(S) PULLED FROM CONSENT CALENDAR

3.F. 2023 General Plan Annual Progress Report (APR)
Mayor Bash asked Community Development Director Robles for an update.

Community Development Director Robles provided an update and answered questions.

Mayor Bash stated the Annual Progress Report was impressive and thanked the Planning Department and staff for their hard work.

Following discussion, motion was made.

M/S BASH/GRUNDMEYER Receive and File. The Motion was carried by the following roll call vote:

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

3.K. Amendment of Fiscal Year 2023-24 Capital Improvement Program to include additional funding for the Shawnee Lift Station Replacement Project Mayor Pro Tem Newton had questions regarding the change orders.

Deputy City Engineer Nelson answered questions and addressed concerns.

City Council Minutes - August 7, 2024
Mayor Pro Tem Newton recommended that staff request additional information from SoCal Edison regarding the change order.

Following discussion, motion was made.

M/S NEWTON/HANNA Increase the Fiscal Year 2023-24 Capital Improvement Program (CIP) in the amount of $66,000 for the Shawnee Lift Station Replacement Project. The Motion was carried by the following roll call vote:

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

3.M. Professional Services Agreement with Kosmont Transaction Services, Inc., dba Kosmont Financial Services
Mayor Pro Tem Newton had questions regarding the fiscal impact of the item.

City Attorney Burns answered questions and addressed concerns, stating Balboa Management Group is to reimburse the City for all costs.

Following discussion, motion was made.

M/S ALEMAN/BASH Approve Professional Services Agreement with Kosmont Transaction Services, Inc., dba Kosmont Financial Services with the condition that Balboa Management Group is to reimburse the City for all costs. The Motion was carried by the following roll call vote:

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

5. LEGISLATIVE MATTERS

5.A. Second Reading of Ordinance No.1120: Code Amendment 2024-04 (City of Norco) - A City initiated amendment to Title 15 of the Norco Municipal Code (NMC), Section 15.01.080 pertaining to “Work Exempt from Permit” to update/clarify the provisions and standards for animal keeping corrals that do not require a building permit

City Council Minutes - August 7, 2024
Council Members had no questions or concerns.

Mayor Bash opened Public Comment.

There were no public comments.

Mayor Bash closed Public Comment.

Motion was made.

M/S HANNA/ALEMAN Adopt Ordinance No. 1120, Second reading: An Ordinance of the City Council of the City of Norco, California, approving Code Amendment 2024-04: a City initiated amendment to Title 15, Section 15.01.080 pertaining to “work exempt from permit” to update/clarify the provisions and standards for large animal-keeping corrals that do not require a building permit in the City of Norco thereby superseding City Council Resolutions 96-71 and 98-11. The Motion was carried by the following roll call vote:

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

5.B. Second Reading of Ordinance No. 1121, Code Amendment 2024-07 (City of Norco): A City initiated amendment to Norco Municipal Code Title 15, Chapter

15.60 - "Flood Plain Management" updating this chapter for compliance with FEMA requirements
Council Members had no questions or concerns.

Mayor Bash opened Public Comment.

There were no public comments.

Mayor Bash closed Public Comment.

Motion was made.

M/S BASH/NEWTON Adopt the second reading of Ordinance No. 1121, an Ordinance of the City Council of the City of Norco, California, amending Chapter

15.60 (floodplain management) of title 15 of the Norco Municipal Code to align

City Council Minutes - August 7, 2024
with updated FEMA guidelines and to improve flood resilience. The Motion was carried by the following roll call vote:

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

5.C. Second Reading of Ordinance No. 1122 - Code Amendment 2024-08 (City of Norco) - A City initiated amendment of Title 2 of the Norco Municipal Code (NMC), Chapter 2.06 "City Council Salaries" to adjust Council Member Compensation
Council Members had no questions or concerns.

Mayor Bash opened Public Comment.

Dillon Wemple spoke in favor of the Ordinance to adjust Council Member Compensation.

Mayor Bash closed public Comment.

Motion was made.

M/S ALEMAN/BASH Adopt Ordinance No. 1122, Second reading: An Ordinance of the City Council of the City of Norco amending the Norco Municipal Code Title 2, Chapter 2.06 “City Council Salaries” increasing the compensation of City Council Members – Code Amendment 2024-08. The Motion was DEFEATED by the following roll call vote:

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

6. DISCUSSION / ACTION ITEM(S)

6.A. California Native Drought-Tolerant Landscaping Policy for City Facilities CivicSpark Fellow, Galilea Rios, presented the report on the Native DroughtTolerant Landscaping Policy.

City Council Minutes - August 7, 2024
CivicSpark Fellow Rios and Facilities and Maintenance Director Hamilton answered questions and addressed concerns.

Mayor Bash opened Public Comment.

Dillon Wemple spoke regarding his concerns and recommended adjustments to include native landscaping that helps with natural flooding during rainy season, adding native trees to the policy, training staff on maintenance and care, taking bloom periods into account when planting and having a list of alternative native plants for contracted work.

Mayor Bash closed Public Comment.

Council Member Grundmeyer thanked staff for their work on implementing the policy.

Following discussion, motion was made.

M/S GRUNDMEYER/BASH Adopt the California Native Drought-Tolerant Landscaping Policy for City Facilities. The Motion was carried by the following roll call vote:

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

6.B. 2024 Review of Accessory Building Regulations relating to Chapter 18.68 “Accessory Building Use Permits"
Community Development Director Robles presented the report on the Accessory Building Regulations.

Community Development Director Robles answered questions and addressed concerns.

Mayor Bash opened Public Comment.

There were no public comments.

Mayor Bash closed Public Comment.

City Council Minutes - August 7, 2024
Following discussion and without formal motion, staff is directed to move forward as presented with Planning Commission's Recommendations.

6.D. Consider the City of Norco's current participation in the League of California Cities and future participation in California Contract Cities Association City Manager Sassoon requested 6.D. be heard out of agenda order as League of California Cities representatives were present.

Mayor Bash and Council Members agreed to have 6.D. discussed out of order.

City Manager Sassoon presented the report.

Mayor Bash provided additional information on the request to have this item discussed.

League of California Cities - Riverside County Division Chair, Linda Molina, spoke regarding the value and importance of the League of California Cities.

League of California Cities - Riverside County Division Regional Public Affairs Manager, Jesse Ramirez, spoke regarding new laws and gave an overview of education, advocacy and political events provided by the League of California Cities.

Mayor Bash opened Public Comment.

There were no public comments.

Mayor Bash closed Public Comment.

Following discussion, motion was made.

M/S BASH/HANNA Continue partnership with League of California Cities for the next year and monitor Contract Cities. The Motion was carried by the following roll call vote:

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

6.C. Request for a Twelve-Month Extension of Time for Approved Tentative Parcel Map 37939 (Frontier Homes II, LLC)

City Council Minutes - August 7, 2024
Council Member Aleman recused herself from the dais due to a conflict of interest regarding property location.

Community Development Director Robles presented the report on Tentative Parcel Map 37939.

Mayor Bash opened Public Comment.

There were no public comments.

Mayor Bash closed Public Comment.

Motion was made.

M/S BASH/HANNA Approve a request for a twelve-month extension to record a final map corresponding with Tentative Parcel Map 37939, with a new expiration date of September 7, 2025. The Motion was carried by the following roll call vote:

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

7. PUBLIC HEARING(S)

7.A. Public Hearing: Ordinance No. 1123, First Reading: Amendment of Ordinance 1040 for Title 3 of the Norco Municipal Code (NMC), Chapter 3.24 "Purchasing System", addition of section 3.24.066 to comply with California SB 1383, and 16 CFR 260.12 recycling purchasing requirements. Code Amendment 2024-09 Finance Director Free presented the report on Ordinance No. 1123.

Finance Director Free answered questions and addressed concerns.

Mayor Bash opened the Public Hearing.

There were no public comments.

Mayor Bash closed the Public Hearing.

Citty Attorney Burns read the Ordinance Title into the record and motion was made.

City Council Minutes - August 7, 2024
M/S HANNA/ALEMAN Ordinance No. 1123: First Reading, Approval of Amendment of Ordinance 1040, for Title 3 of the Norco Municipal Code (NMC), Chapter 3.24 "Purchasing System", addition of section 3.24.066 to comply with California SB 1383, and 16 CFR 260.12 recycling purchasing requirements. Code Amendment 2024-09. The Motion was carried by the following roll call vote:

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

8. CITY COUNCIL / STAFF COMMUNICATIONS
Mayor Pro Tem Newton requested that staff provide a report and timeline to the Council regarding John Quiroz and Maria Fernandez's concerns during public comment.

Council Member Aleman thanked staff and volunteers for their work on Day of the Cowboy and National Night Out.

Council Member Grundmeyer wished the Eastvale Little League Team good luck with their game on the upcoming weekend.

Mayor Bash made a motion to agendize a discussion on the National Registry.

M/S BASH/GRUNDMEYER to Agendize a discussion on the National Registry.

The Motion was carried by the following roll call vote:

AYES: BASH, NEWTON, ALEMAN, GRUNDMEYER, AND HANNA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Mayor Bash made a motion to agendize a workshop regarding recycled water and infrastructure for agricultural use and installation of a Heli-Hydrant.

M/S BASH/ALEMAN to Agendize a workshop regarding recycled water, infrastructure for agricultural use of recycled water, and installation of a HeliHydrant. The Motion was carried by the following roll call vote:

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

City Council Minutes - August 7, 2024
ABSENT: NONE
ABSTAIN: NONE

9. ADJOURNMENT
Mayor Bash adjourned the meeting at 9:25 PM.
_________________________________
Dana Roa, CMC
City Clerk

City Council

STAFF REPORT
Date: August 21, 2024 Agenda Item:

3.C.

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

Improvement and Credit/Reimbursement Agreement Transportation Uniform Mitigation Fee Program for Palomino Business Park
RECOMMENDATION:

Approve the Transportation Uniform Mitigation Fee (TUMF) Reimbursement Agreement between the City of Norco, the Western Riverside Council of Governments (WRCOG), and CRP LDF Palomino, LLC (Caprock) for street widening improvements on First Street (Mountain Avenue to Parkridge Avenue) and at Second Street (Mountain Avenue and Pacific Avenue).

SUMMARY:

Caprock completed various street widening improvements on First Street and Second Street that are part of the WRCOG nexus study for TUMF funding. These street improvements are eligible for partial reimbursement by WRCOG and a TUMF Reimbursement Agreement between the City, WRCOG, and Caprock for street widening improvements is now required to be approved by all parties to process the reimbursement.

BACKGROUND:

As part of the Palomino Development Project, the developer Caprock, was conditioned to complete various street improvements surrounding the project. Some of the streets widened and repaved included First Street from Mountain Avenue to Parkridge Avenue and also Second Street from Mountain Avenue to Pacific Avenue. Both of these streets are included in WRCOG's Transportation Implementation Plan under TUMF as eligible projects that can be funded by WRCOG if the City were to undertake the necessary work. However, since Caprock completed the work and also paid TUMF fees, Caprock is eligible to request a credit or reimbursement for a portion of the cost to complete the work.

Traditionally, a credit agreement with WRCOG would be processed and approved before the construction work is initiated. Unfortunately, Caprock was unaware of the requirement, but WRCOG has agreed to provide a partial reimbursement of cost related to the street improvements on First Street and on Second Street. Public Works is recommending City Council approve the TUMF Reimbursement Agreement between the City of Norco, the Western Riverside Council of Governments, and CRP LDF Palomino, LLC for street widening improvements on First Street (Mountain Avenue to Parkridge Avenue) and at Second Street (Mountain Avenue and Pacific Avenue).

FISCAL IMPACT:

There is no financial impact with this agenda item since Caprock completed the work and paid TUMF fees.

RELATIONSHIP TO STRATEGIC PLAN:

The approval of the TUMF reimbursement agreement is consistent with Strategic Direction #5 – Infrastructure and Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.

REVIEWED AND APPROVED BY:

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

Palomino - WRCOG Reimbursement Agreement

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For Use Between Public Agency and Developer
“Master Agreement”
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IMPROVEMENT AND CREDIT / REIMBURSEMENT AGREEMENT

TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM
This IMPROVEMENT AND CREDIT AGREEMENT (“Agreement”) is entered into this ___ day of ___________________, 20___, (the “Effective Date”) by and between the City of Norco, a California municipal corporation (“AGENCY”), the Western Riverside Council of Governments, a joint powers Agency, (“WRCOG”) CRP LDF Palomino, LLC, a California Corporation with its principal place of business at 1300 Dove Street, Suite #200, Newport Beach, CA 92660 (“Developer”). AGENCY and Developer are sometimes hereinafter referred to individually as “Party” and collectively as “Parties”.

RECITALS
WHEREAS, Developer owns 110 acres of real property located within the AGENCY of Norco, California, which is more specifically described in the legal description set forth in Exhibit “A”, attached hereto and incorporated herein by this reference (“Property”); WHEREAS, Developer has requested from AGENCY-certain entitlements and/or permits for the construction of improvements on the Property, which are more particularly described as “Palomino Business Park” located at Second Street & Mountain Avenue in Norco, CA (“Project”); WHEREAS, the AGENCY is a member agency of WRCOG, a joint powers agency comprised of the County of Riverside and 18 cities located in Western Riverside County. WRCOG is the administrator for the Transportation Uniform Mitigation Fee (“TUMF”) Program; WHEREAS, as part of the TUMF Program, the AGENCY has adopted “Transportation Uniform Mitigation Fee Nexus Study: 2016 Update” (“2016 Nexus Study”) WHEREAS, as a condition to AGENCY’s approval of the Project, AGENCY has required Developer to construct certain street and transportation system improvement(s) of regional importance (“TUMF Improvements”);
WHEREAS, pursuant to the TUMF Program, the AGENCY requires Developer to pay the TUMF which covers the Developer’s fair share of the costs to deliver those TUMF Improvements that help mitigate the Project’s traffic impacts and burdens on the Regional System of Highways and Arterials (also known as the “TUMF Network”), generated by the Project and that are necessary to protect the safety, health and welfare of persons that travel to and from the Project using the TUMF Network;
WHEREAS, the TUMF Improvements have been designated as having Regional or Zonal Significance as further described in the 2016 Nexus Study and the 5 year Transportation Improvement Program as may be amended;
WHEREAS, AGENCY. WRCOG and Developer now desire to enter into this Agreement for the following purposes: (1) to provide for the timely delivery of the TUMF Improvements, (2) to ensure that delivery of the TUMF Improvements is undertaken as if the TUMF Improvements were constructed under the direction and authority of the AGENCY, (3) to provide a means by

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which the Developer’s costs for project delivery of the TUMF Improvements and related right-ofway is offset against Developer’s obligation to pay the applicable TUMF for the Project in accordance with the TUMF Administrative Plan adopted by WRCOG, and (4) to provide a means, subject to the separate approval of WRCOG, for Developer to be reimbursed to the extent the actual and authorized costs for the delivery of the TUMF Improvements exceeds Developer's TUMF obligation.

NOW, THEREFORE, for the purposes set forth herein, and for good and valuable consideration, the adequacy of which is hereby acknowledged, Developer and AGENCY hereby agree as follows:

TERMS

1.0 Incorporation of Recitals. The Parties hereby affirm the facts set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein.

2.0 Construction of TUMF Improvements. Developer shall construct or have constructed at its own cost, expense, and liability certain street and transportation system improvements generally described as public roadway improvements at First Street between where it intersects with Mountain Avenue and Parkridge Avenue and at Second Street between where it intersects with Mountain Avenue and Pacific Avenue as shown more specifically in the attached Exhibit (See Exhibit A), and as shown more specifically on the plans, profiles, and specifications which have been or will be prepared by or on behalf of Developer and approved by AGENCY, and which are incorporated herein by this reference (“TUMF Improvements”). Construction of the TUMF Improvements shall include any transitions and/or other incidental work deemed necessary for drainage or public safety. Developer shall be responsible for the replacement, relocation, or removal of any component of any existing public or private improvement in conflict with the construction or installation of the TUMF Improvements. Such replacement, relocation, or removal shall be performed to the complete satisfaction of AGENCY and the owner of such improvement. Developer further promises and agrees to provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary to fully and adequately complete the TUMF Improvements.

2.1 Pre-approval of Plans and Specifications. Developer is prohibited from commencing work on any portion of the TUMF Improvements until all plans and specifications for the TUMF Improvements have been submitted to and approved by AGENCY. Approval by AGENCY shall not relieve Developer from ensuring that all TUMF Improvements conform with all other requirements and standards set forth in this Agreement.

2.2 Permits and Notices. Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the TUMF Improvements and performance of Developer’s obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer.

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2.3 Public Works Requirements. In order to insure that the TUMF Improvements will be constructed as if they had been constructed under the direction and supervision, or under the authority of, AGENCY, Developer shall comply with all of the following requirements with respect to the construction of the TUMF Improvements:
(a) Developer shall obtain bids for the construction of the TUMF Improvements, in conformance with the standard procedures and requirements of AGENCY with respect to its public works projects, or in a manner which is approved by the Public Works Department.
(b) The contract or contracts for the construction of the TUMF Improvements shall be awarded to the responsible bidder(s) submitting the lowest responsive bid(s) for the construction of the TUMF Improvements.
(c) Developer shall require, and the specifications and bid and contract documents shall require, all such contractors to pay prevailing wages (in accordance with Articles 1 and 2 of Chapter 1, Part 7, Division 2 of the Labor Code) and to otherwise comply with applicable provisions of the Labor Code, the Government Code and the Public Contract Code relating to public works projects of cities/counties and as required by the procedures and standards of AGENCY with respect to the construction of its public works projects or as otherwise directed by the Public Works Department.
(d) All such contractors shall be required to provide proof of insurance coverage throughout the term of the construction of the TUMF Improvements which they will construct in conformance with AGENCY’s standard procedures and requirements. (e) Developer and all such contractors shall comply with such other requirements relating to the construction of the TUMF Improvements which AGENCY may impose by written notification delivered to Developer and each such contractor at any time, either prior to the receipt of bids by Developer for the construction of the TUMF Improvements, or, to the extent required as a result of changes in applicable laws, during the progress of construction thereof.

Developer shall provide proof to AGENCY, at such intervals and in such form as AGENCY may require that the foregoing requirements have been satisfied as to the TUMF Improvements.

2.4 Quality of Work; Compliance With Laws and Codes. The construction plans and specifications for the TUMF Improvements shall be prepared in accordance with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements.

The TUMF Improvements shall be completed in accordance with all approved maps, plans, specifications, standard drawings, and special amendments thereto on file with AGENCY, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced.

2.5 Standard of Performance. Developer and its contractors, if any, shall perform all work required, constructing the TUMF Improvements in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same

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discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement.

2.6 Alterations to TUMF Improvements. All work shall be done and the TUMF Improvements completed as shown on approved plans and specifications, and any subsequent alterations thereto. If during the course of construction and installation it is determined that the public interest requires alterations in the TUMF Improvements, Developer shall undertake such design and construction changes as may be reasonably required by AGENCY. Any and all alterations in the plans and specifications and the TUMF Improvements to be completed may be accomplished without first giving prior notice thereof to Developer’s surety for this Agreement.

3.0 Maintenance of TUMF Improvements. AGENCY shall not be responsible or liable for the maintenance or care of the TUMF Improvements until AGENCY approves and accepts them.

AGENCY shall exercise no control over the TUMF Improvements until accepted. Any use by any person of the TUMF Improvements, or any portion thereof, shall be at the sole and exclusive risk of Developer at all times prior to AGENCY’s acceptance of the TUMF Improvements. Developer shall maintain all of the TUMF Improvements in a state of good repair until they are completed by Developer and approved and accepted by AGENCY, and until the security for the performance of this Agreement is released. It shall be Developer’s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by AGENCY. If Developer fails to properly prosecute its maintenance obligation under this section, AGENCY may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement. AGENCY shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the TUMF Improvements or their condition prior to acceptance. In no event shall WRCOG be responsible for the maintenance, operation or care of the TUMF Improvements

4.0 Fees and Charges. Developer shall, at its sole cost, expense, and liability, pay all fees, charges, and taxes arising out of the construction of the TUMF Improvements, including, but not limited to, all plan check, design review, engineering, inspection, sewer treatment connection fees, and other service or impact fees established by AGENCY.

5.0 AGENCY Inspection of TUMF Improvements. Developer shall, at its sole cost, expense, and liability, and at all times during construction of the TUMF Improvements, maintain reasonable and safe facilities and provide safe access for inspection by AGENCY of the TUMF Improvements and areas where construction of the TUMF Improvements is occurring or will occur.

6.0 Liens. Upon the expiration of the time for the recording of claims of liens as prescribed by Sections 8412 and 8414 of the Civil Code with respect to the TUMF Improvements, Developer shall provide to AGENCY such evidence or proof as AGENCY shall require that all persons, firms and corporations supplying work, labor, materials, supplies and equipment to the construction of the TUMF Improvements, have been paid, and that no claims of liens have been recorded by or on behalf of any such person, firm or corporation. Rather than await the expiration of the said time

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for the recording of claims of liens, Developer may elect to provide to AGENCY a title insurance policy or other security acceptable to AGENCY guaranteeing that no such claims of liens will be recorded or become a lien upon any of the Property.

7.0 Acceptance of TUMF Improvements; As-Built or Record Drawings. If the TUMF Improvements are properly completed by Developer and approved by AGENCY, and if they comply with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements, AGENCY shall be authorized to accept the TUMF Improvements.

AGENCY may, in its sole and absolute discretion, accept fully completed portions of the TUMF Improvements prior to such time as all of the TUMF Improvements are complete, which shall not release or modify Developer’s obligation to complete the remainder of the TUMF Improvements.

Upon the total or partial acceptance of the TUMF Improvements by AGENCY, Developer shall file with the Recorder’s Office of the County of Riverside a notice of completion for the accepted TUMF Improvements in accordance with California Civil Code sections 8182, 8184, 9204, and 9208 (“Notice of Completion”), at which time the accepted TUMF Improvements shall become the sole and exclusive property of AGENCY without any payment therefore. Notwithstanding the foregoing, AGENCY may not accept any TUMF Improvements unless and until Developer provides one (1) set of “as-built” or record drawings or plans to the AGENCY for all such TUMF Improvements. The drawings shall be certified and shall reflect the condition of the TUMF Improvements as constructed, with all changes incorporated therein.

8.0 Warranty and Guarantee. Developer hereby warrants and guarantees all the TUMF Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of the TUMF Improvements, for a period of one (1) year following completion of the work and acceptance by AGENCY (“Warranty”). During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the TUMF Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requirements of AGENCY, and to the approval of AGENCY. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost, expense, and liability of Developer and its surety. As to any TUMF Improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer and its surety hereby agree to extend the Warranty for an additional one (1) year period following AGENCY’s acceptance of the repaired, replaced, or reconstructed TUMF Improvements. Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any TUMF Improvement following expiration of the Warranty or any extension thereof. Developer’s warranty obligation under this section shall survive the expiration or termination of this Agreement.

9.0 Administrative Costs. If Developer fails to construct and install all or any part of the TUMF Improvements, or if Developer fails to comply with any other obligation contained herein, Developer and its surety shall be jointly and severally liable to AGENCY for all administrative expenses, fees, and costs, including reasonable attorney’s fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law.

10.0 Default; Notice; Remedies.

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10.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if AGENCY determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, AGENCY may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation (“Notice”). Developer shall substantially commence the work required to remedy the default or violation within five (5) days of the Notice. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, AGENCY may provide the Notice verbally, and Developer shall substantially commence the required work within twentyfour (24) hours thereof. Immediately upon AGENCY’s issuance of the Notice, Developer and its surety shall be liable to AGENCY for all costs of construction and installation of the TUMF Improvements and all other administrative costs or expenses as provided for in this Section 10.0 of this Agreement.

10.2 Failure to Remedy; AGENCY Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a completion acceptable to AGENCY within the time frame contained in the Notice, AGENCY may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost, expense, and liability of Developer and its surety, without the necessity of giving any further notice to Developer or surety. AGENCY’s right to take such actions shall in no way be limited by the fact that Developer or its surety may have constructed any of the TUMF Improvements at the time of AGENCY’s demand for performance. In the event AGENCY elects to complete or arrange for completion of the remaining work and the TUMF Improvements, AGENCY may require all work by Developer or its surety to cease in order to allow adequate coordination by AGENCY.

10.3 Other Remedies. No action by AGENCY pursuant to this Section 10.0 et seq. of this Agreement shall prohibit AGENCY from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law.

AGENCY may exercise its rights and remedies independently or cumulatively, and AGENCY may pursue inconsistent remedies. AGENCY may institute an action for damages, injunctive relief, or specific performance.

11.0 Security; Surety Bonds. Prior to the commencement of any work on the TUMF Improvements, Developer or its contractor shall provide AGENCY with surety bonds in the amounts and under the terms set forth below (“Security”). The amount of the Security shall be based on the estimated actual costs to construct the TUMF Improvements, as determined by AGENCY after Developer has awarded a contract for construction of the TUMF Improvements to the lowest responsive and responsible bidder in accordance with this Agreement (“Estimated Costs”). If AGENCY determines, in its sole and absolute discretion, that the Estimated Costs have changed, Developer or its contractor shall adjust the Security in the amount requested by AGENCY. Developer’s compliance with this Section 11.0 et seq. of this Agreement shall in no way limit or modify Developer’s indemnification obligation provided in Section 12.0 of this Agreement.

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11.1 Performance Bond. To guarantee the faithful performance of the TUMF Improvements and all the provisions of this Agreement, to protect AGENCY if Developer is in default as set forth in Section 10.0 et seq. of this Agreement, and to secure the one-year guarantee and warranty of the TUMF Improvements, Developer or its contractor shall provide AGENCY a faithful performance bond in an amount which sum shall be not less than one hundred percent (100%) of the Estimated Costs. The AGENCY may, in its sole and absolute discretion, partially release a portion or portions of the security provided under this section as the TUMF Improvements are accepted by AGENCY, provided that Developer is not in default on any provision of this Agreement and the total remaining security is not less than $9,368,000.00 (<100%) of the Estimated Costs. All security provided under this section shall be released at the end of the Warranty period, or any extension thereof as provided in Section 11.0 of this Agreement, provided that Developer is not in default on any provision of this Agreement.

11.2 Labor & Material Bond. To secure payment to the contractors, subcontractors, laborers, materialmen, and other persons furnishing labor, materials, or equipment for performance of the TUMF Improvements and this Agreement, Developer or its contractor shall provide AGENCY a labor and materials bond in an amount which sum shall not be less than one hundred percent (100%) of the Estimated Costs. The security provided under this section may be released by written authorization of AGENCY after six (6) months from the date AGENCY accepts the TUMF Improvements. The amount of such security shall be reduced by the total of all stop notice or mechanic’s lien claims of which AGENCY is aware, plus an amount equal to twenty percent (20%) of such claims for reimbursement of AGENCY’s anticipated administrative and legal expenses arising out of such claims.

11.3 Additional Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best rating of at least “A” and FSC-VIII, shall be licensed to do business in California, and shall be satisfactory to AGENCY. As part of the obligation secured by the Security and in addition to the face amount of the Security, Developer, its contractor or the surety shall secure the costs and reasonable expenses and fees, including reasonable attorney’s fees and costs, incurred by AGENCY in enforcing the obligations of this Agreement. Developer, its contractor and the surety shall stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the TUMF Improvements, or the plans and specifications for the TUMF Improvements shall in any way affect its obligation on the Security.

11.4 Evidence and Incorporation of Security. Evidence of the Security shall be provided on the forms set forth in Exhibit “B”, unless other forms are deemed acceptable by the AGENCY, and when such forms are completed to the satisfaction of AGENCY, the forms and evidence of the Security shall be attached hereto as Exhibit “B” and incorporated herein by this reference.

12.0 Indemnification. Developer shall defend, indemnify, and hold harmless AGENCY, the Western Riverside Council of Governments (WRCOG), their elected officials, board members, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its employees, contractors, or agents in connection with the performance of this Agreement, or

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arising out of or in any way related to or caused by the TUMF Improvements or their condition prior to AGENCY’s approval and acceptance of the TUMF Improvements (“Claims”). This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorney fees, and related costs or expenses, and the reimbursement of AGENCY, WRCOG, their elected officials, board members, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any Claim which is caused solely and exclusively by the negligence or willful misconduct of AGENCY as determined by a court or administrative body of competent jurisdiction. Developer’s obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by AGENCY, WRCOG, their elected officials, board members, employees, or agents.

13.0 Insurance.

13.1 Types; Amounts. Developer shall procure and maintain, and shall require its contractors to procure and maintain, during performance of this Agreement, insurance of the types and in the amounts described below (“Required Insurance”). If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit.

13.1.1 General Liability. Occurrence form general liability insurance at least as broad as Insurance Services Office Form CG 00 01, or equivalent form, with an occurrence limit of Two Million Dollars ($2,000,000) and aggregate limit of Four Million Dollars ($4,000,000) for bodily injury, personal injury, and property damage.

13.1.2 Business Automobile Liability. Business automobile liability insurance at least as broad as Insurance Services Office Form CA 00 01 (coverage symbol 1 – any auto), or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any auto owned, leased, hired, or borrowed by the insured or for which the insured is responsible.

13.1.3 Workers’ Compensation. Workers’ compensation insurance with limits as required by the Labor Code of the State of California and employers’ liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence, at all times during which insured retains employees.

13.1.4 Professional Liability. For any consultant or other professional who will engineer or design the TUMF Improvements, liability insurance for errors and omissions with limits not less than Two Million Dollars ($2,000,000) per occurrence, shall be procured and maintained for a period of five (5) years following completion of the TUMF Improvements. Such insurance shall be endorsed to include contractual liability.

13.2 Deductibles. Any deductibles or self-insured retentions must be declared to and approved by AGENCY. At the option of AGENCY, either: (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects AGENCY, its elected officials, officers, employees, agents, and volunteers; or (b) Developer and its contractors shall provide a financial

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guarantee satisfactory to AGENCY guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.

13.3 Additional Insured; Separation of Insureds. The Required Insurance, except for the professional liability and workers’ compensation insurance, shall name AGENCY, WRCOG, their elected officials, board members, officers, employees, and agents as additional insureds with respect to work performed by or on behalf of Developer or its contractors, including any materials, parts, or equipment furnished in connection therewith. For Required Insurance provided by Developer’s contractors, WRCOG shall be added as an additional insured using ISO CG 2038 or an exact equivalent. The Required Insurance shall contain standard separation of insureds provisions, and shall contain no special limitations on the scope of its protection to AGENCY, WRCOG, their elected officials, board members, officers, employees, or agents.

13.4 Primary Insurance; Waiver of Subrogation. The Required Insurance, except for the professional liability and workers’ compensation insurance shall be primary with respect to any insurance or self-insurance programs covering AGENCY, WRCOG, their elected officials, board members, officers, employees, or agents. The Required Insurance, except for the professional liability insurance, shall provide that the insurance company waives all right of recovery by way of subrogation against AGENCY and WRCOG in connection with any damage or harm covered by such policy.

13.5 Certificates; Verification. Developer and its contractors shall furnish AGENCY with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by AGENCY before work pursuant to this Agreement can begin.

AGENCY reserves the right to require complete, certified copies of all required insurance policies, at any time.

13.6 Term; Cancellation Notice. Developer and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. All policies shall be endorsed to provide that the Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire except on thirty (30) days’ prior written notice to AGENCY. If such notice of cancellation endorsements are unavailable, Developer shall provide such thirty (30) days’ written notice of cancellation.

13.7 Insurer Rating. Unless approved in writing by AGENCY, all Required Insurance shall be placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least “A” and FSC-VIII.

14.0 TUMF Credit.

14.1 Developer’s TUMF Obligation. Developer hereby agrees and accepts that as of the date of this Agreement, the amount Developer is obligated to pay to AGENCY pursuant to Ordinance No. 1044 as part of the TUMF Program is ONE MILLION TWO HUNDRED

TWENTY THOUSAND EIGHT HUNDRED FIVE DOLLARS AND EIGHTEEN CENTS ($1,220,805.18) (“TUMF Obligation”). This TUMF Obligation shall be initially determined under

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the TUMF fee schedule in effect for the AGENCY at the time the Developer submits a building permit application for the TUMF Improvement. Notwithstanding, this TUMF Obligation does not have to be paid until the Certificate of Occupancy is obtained.

14.2 Fee Adjustments. Notwithstanding the foregoing, Developer agrees that this Agreement shall not estop AGENCY from adjusting the TUMF in accordance with the provisions of Ordinance No. 1044.

14.3 Credit Offset Against TUMF Obligation. Pursuant to Ordinance No 1044 and in consideration for Developer's obligation under this Agreement for the delivery of TUMF Improvements, credit shall be applied by AGENCY to offset the TUMF Obligation (“Credit”) subject to adjustment and reconciliation under Section 14.5 of this agreement. Developer hereby agrees that the amount of the Credit shall be applied after Developer has initiated the process of project delivery of TUMF Improvements to the lowest responsible bidder in accordance with this Agreement. Developer further agrees that the dollar amount of the Credit shall be equal to the lesser of: (A) the bid amount set forth in the contract awarded to the lowest responsible bidder, or (B) the unit cost assumptions for the TUMF Improvement in effect at the time of the contract award, as such assumptions are identified and determined in the most recent TUMF Nexus Study and the TUMF Administrative Plan adopted by WRCOG (“Unit Cost Assumptions”).

The bid amount and the Unit Cost Assumptions shall hereafter be collectively referred to as “Estimated Credit”. At no time will the Credit exceed the Developer’s TUMF Obligation. If the dollar amount of the Estimated Credit exceeds the dollar amount of the TUMF Obligation, Developer will be deemed to have completely satisfied its TUMF Obligation for the Project and may apply for a reimbursement agreement, to the extent applicable, as provided in Section 14.6 of this Agreement. If the dollar amount of the Estimated Credit is less than the dollar amount of the TUMF Obligation, the Developer agrees the Credit shall be applied to offset the TUMF Obligation as follows:
(i) For residential units in the Project, the Credit shall be applied to all residential units to offset and/or satisfy the TUMF Obligation. The residential units for which the TUMF Obligation has been offset and/or satisfied by use of the Credit, and the amount of offset applicable to each unit, shall be identified in the notice provided to the Developer by AGENCY pursuant to this section.
(ii) For commercial and industrial structures in the Project, the Credit shall be applied to all commercial and industrial development to offset and/or satisfy the TUMF Obligation. The commercial or industrial structure(s) for which the TUMF Obligation has been offset and/or satisfied by use of the Credit, and the amount of offset applicable to such structure(s), shall be identified in the notice provided to the Developer by AGENCY pursuant to this section.

AGENCY shall provide Developer written notice of the determinations that AGENCY makes pursuant to this section, including how the Credit is applied to offset the TUMF Obligation as described above.

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14.4 Verified Cost of the TUMF Improvements. Upon recordation of the Notice of Completion for the TUMF Improvements and acceptance of the TUMF Improvements by AGENCY, Developer shall submit to the AGENCY Public Works Director the information set forth in the attached Exhibit “C”. The AGENCY Public Works Director, or his or her designee, shall use the information provided by Developer to calculate the total actual costs incurred by Developer in delivering the TUMF Improvements covered under this Agreement (“Verified Costs”). The AGENCY Public Works Director will use his or her best efforts to determine the amount of the Verified Costs and provide Developer written notice thereof within thirty (30) calendar days of receipt of all the required information from Developer. The Agency may request that WRCOG calculate the amount of the Verified Cost. In this case, the AGENCY shall provide WRCOG written notice and all necessary documentation and allow WRCOG fifteen (15) days to determine costs. Agency will notify the Developer within the previous thirty (30) day deadline

14.5 Reconciliation; Final Credit Offset Against TUMF Obligation. The Developer is aware of and accepts the fact that Credits are speculative and conceptual in nature. The actual amount of Credit that shall be applied by AGENCY to offset the TUMF Obligation shall be equal to the lesser of: (A) the Verified Costs or (B) Unit Cost Assumptions for the TUMF Improvements as determined in accordance with Section 14.3 of this Agreement (“Actual Credit”). No Actual Credit will be awarded until the Verified Costs are determined through the reconciliation process.

Please be advised that while a Developer may use an engineer’s estimates in order to estimate Credits for project planning purposes, the Actual Credit awarded will only be determined by the reconciliation process.
(a) TUMF Balance. If the dollar amount of the Actual Credit is less than the dollar amount of the TUMF Obligation, the AGENCY Public Works Director shall provide written notice to Developer of the amount of the difference owed (“TUMF Balance”) and Developer shall pay the TUMF Balance in accordance with Ordinance No. 1044 to fully satisfy the TUMF Obligation (see Exhibit “F” - Example “A”).
(b) TUMF Reimbursement. If the dollar amount of the Actual Credit exceeds the TUMF Obligation, Developer will be deemed to have fully satisfied the TUMF Obligation for the Project and may apply for a reimbursement agreement, to the extent applicable, as provided in Section 14.6 of this Agreement. AGENCY shall provide Developer written notice of the determinations that AGENCY makes pursuant to this section (see Exhibit “F” - Example “B”).
(c) TUMF Overpayment. If the dollar amount of the Actual Credit exceeds the Estimated Credit, but is less than the TUMF Obligation, but the Actual Credit plus additional monies collected by AGENCY from Developer for the TUMF Obligation exceed the TUMF Obligation (“TUMF Overpayment”), Developer will be deemed to have fully satisfied the TUMF Obligation for the Project and may be entitled to a refund. The AGENCY’s Public Works Director shall provide written notice to WRCOG and the Developer of the amount of the TUMF Overpayment and AGENCY shall direct WRCOG to refund the Developer in accordance with Ordinance No. 1044 (see Exhibit “F” - Example C)

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14.6 Reimbursement Agreement. If authorized under either Section 14.3 or Section 14.5 Developer may apply to AGENCY and WRCOG for a reimbursement agreement for the amount by which the Actual Credit exceeds the TUMF Obligation, as determined pursuant to Section 14.3 of this Agreement, Ordinance No. 1044, and the TUMF Administrative Plan adopted by WRCOG (“Reimbursement Agreement”). If AGENCY and WRCOG agree to a Reimbursement Agreement with Developer, the Reimbursement Agreement shall be executed on the form set forth in Exhibit “D,” and shall contain the terms and conditions set forth therein. The Parties agree that the Reimbursement Agreement shall be subject to all terms and conditions of this Agreement, and that upon execution, an executed copy of the Reimbursement Agreement shall be attached hereto and shall be incorporated herein as a material part of this Agreement as though fully set forth herein.

15.0 Miscellaneous.

15.1 Assignment. Developer may, as set forth herein, assign all or a portion of its rights pursuant to this Agreement to a purchaser of a portion or portions of the Property ("Assignment").

Developer and such purchaser and assignee ("Assignee") shall provide to AGENCY such reasonable proof as it may require that Assignee is the purchaser of such portions of the Property.

Any assignment pursuant to this Section shall not be effective unless and until Developer and Assignee have executed an assignment agreement with AGENCY in a form reasonably acceptable to AGENCY, whereby Developer and Assignee agree, except as may be otherwise specifically provided therein, to the following: (1) that Assignee shall receive all or a portion of Developer's rights pursuant to this Agreement, including such credit as is determined to be applicable to the portion of the Property purchased by Assignee pursuant to Section 14.0 et seq. of this Agreement, and (2) that Assignee shall be bound by all applicable provisions of this Agreement.

15.2 Relationship Between the Parties. The Parties hereby mutually agree that this Agreement shall not operate to create the relationship of partnership, joint venture, or agency between or among AGENCY. WRCOG and Developer. Developer’s contractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of AGENCY. This Agreement shall be interpreted and administered in a manner consistent with the TUMF Administrative Plan in effect at the time this Agreement is executed.

15.3 Warranty as to Property Ownership; Authority to Enter Agreement. Developer hereby warrants that it owns fee title to the Property and that it has the legal capacity to enter into this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority make this Agreement and bind each respective Party.

15.4 Prohibited Interests. Developer warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Developer, to solicit or secure this Agreement. Developer also warrants that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Developer, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon the making of this Agreement. For breach of this warranty, AGENCY shall have the right to rescind this Agreement without liability.

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15.5 Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice:

To AGENCY:

Western Riverside Council of Governments
3390 University Avenue, Suite 200
Riverside, CA 92501
Attention: Executive Director
Telephone: (951) 405-6700
Fax No. (951) 223-9720
To Developer: CRP LDF Palomino, LLC
Attn: Garrett Kuntz
1300 Dove Street, Suite #200
Newport Beach, CA 92660
Telephone: (949) 280-3995
Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail.

15.6 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.

15.7 Construction; References; Captions. It being agreed the Parties or their agents have participated 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 Developer include all personnel, employees, agents, and contractors of Developer, except as otherwise specified in this Agreement. All references to AGENCY 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.

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

15.9 Termination. This Agreement shall terminate 10 years after the Effective Date, unless extended in writing by the Parties. In addition, this Agreement shall terminate 5 years after the Effective Date in the event that the TUMF Improvements as specified in the Credit Agreement is not commenced within 5 years of the Effective Date.

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15.9.1 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 right by custom, estoppel, or otherwise.

15.9.2 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation.

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

15.9.4 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.

15.9.5 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties’ activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Riverside, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394.

15.9.6 Time is of the Essence. Time is of the essence in this Agreement, and the Parties agree to execute all documents and proceed with due diligence to complete all covenants and conditions.

15.9.7 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument.

15.9.8 Entire Agreement. This Agreement contains the entire agreement between AGENCY and Developer and supersedes any prior oral or written statements or agreements between AGENCY and Developer.
[SIGNATURES OF PARTIES ON NEXT PAGE]

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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.

DEVELOPER:

CRP LDF Palomino, LLC
By: ______________________________________
Its: _______________________________________
ATTEST:

By: ________________________________
Its: ________________________________

WESTERN RIVERSIDE COUNCIL OF
GOVERNMENT:

By: ______________________________________
Its: Executive Director-_______________________
ATTEST:

By: ________________________________
Its: ________________________________
AGENCY:

City of Norco
By: ______________________________________
Its: _____________________________________
ATTEST:

By: ________________________________
Its: ________________________________

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For Use Between Public Agency and Developer
“Master Agreement”
20323.00004\30163105.4

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EXHIBIT A-1
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EXHIBIT “A”

LEGAL DESCRIPTION OF PROPERTY
Being a Subdivision of Portions of Lots 1 through 8 in Block 12 of Riverside Orange Heights Tract, per map recorded in Book 6, page 74 of Maps, a portion of Lot 17 of Corona Citrus Tract, per map recorded in Book 8, page 24 of Maps, Parcels 1 through 4 of Parcel Map No. 7092, recorded in Parcel Map Book 22, page 38, Parcels 1 through 3 of Parcel Map No. 7191, recorded in Parcel Map Book 23, pages 45-46, and Parcel 4 of Parcel Map No. 7836, recorded in Parcel Map Book 27, pages 30-31, all in the office of the Recorder of said County.

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EXHIBIT A-2
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EXHIBIT A-3
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EXHIBIT B-1
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EXHIBIT “B”

FORMS FOR SECURITY
[ATTACHED BEHIND THIS PAGE]

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EXHIBIT B-2
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BOND NO. ___________________
INITIAL PREMIUM: ___________________

SUBJECT TO RENEWAL

PERFORMANCE BOND
WHEREAS, the City of Norco (“AGENCY”) has executed an agreement with ________________________________________________ (hereinafter “Developer”), requiring Developer to perform certain work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the construction of street and transportation system improvements (hereinafter the “Work”);
WHEREAS, the Work to be performed by Developer is more particularly set forth in that certain TUMF Improvement and Credit/Reimbursement Agreement dated ___________________________, (hereinafter the “Agreement”); and WHEREAS, the Agreement is hereby referred to and incorporated herein by this reference; and
WHEREAS, Developer or its contractor is required by the Agreement to provide a good and sufficient bond for performance of the Agreement, and to guarantee and warranty the Work constructed thereunder.

NOW, THEREFORE, we the undersigned, ______________________________, as Principal and __________________________________, a corporation organized and existing under the laws of the State of _________________________ and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the AGENCY in the sum of _________________________________________________ ($______________), said sum being not less than one hundred percent (100%) of the total cost of the Work as set forth in the Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such, that if Developer and its contractors, or their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless AGENCY, its officers, employees, and agents, as stipulated in the Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by AGENCY in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the said Agreement or to the Work to be performed

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EXHIBIT B-3
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thereunder or the specification accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work.

IN WITNESS WHEREOF, we have hereto set our hands and seals this ____ day on _____________________, 20__.
________________________________
Principal
By: ___________________________
President
________________________________
Surety
By: ___________________________
Attorney-in-Fact

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EXHIBIT B-4
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189

STATE OF CALIFORNIA )

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

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

WITNESS my hand and official seal.

Signature
Signa
ture of Notary Public
Place Notary Seal Above
____________________________________OPTIONAL____________________________________ Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title of Type of Document: Document Date:

Number of Pages: Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer’s Name:
 Corporate Officer – Title(s):
 Partner -  Limited General
 Individual  Attorney in Fact
 Trustee  Guardian or Conservator
Signer’s Name:
 Corporate Officer – Title(s):
 Partner -  Limited General
 Individual  Attorney in Fact
 Trustee  Guardian or Conservator
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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EXHIBIT B-5
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CERTIFICATE AS TO CORPORATE PRINCIPAL
I, _____________________________, certify that I am the ________________ Secretary of the corporation named as principal in the attached bond, that _____________________________________ who signed the said bond on behalf of the principal was then ____________________________________ of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) _________________________________
Signature
_____________________
Date
NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto.
Other:

Signer is Representing:
Other:

Signer is Representing:

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EXHIBIT B-6
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BOND NO. ___________________
INITIAL PREMIUM: ___________________

SUBJECT TO RENEWAL

LABOR & MATERIAL BOND
WHEREAS, the City of Norco (“AGENCY”) has executed an agreement with _____________________________________ (hereinafter “Developer”), requiring Developer to perform certain work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the construction of street and transportation system improvements (hereinafter “Work”);
WHEREAS, the Work to be performed by Developer is more particularly set forth in that certain Improvement and Credit / Reimbursement Agreement dated ___________________________, (hereinafter the “Agreement”); and WHEREAS, Developer or its contractor is required to furnish a bond in connection with the Agreement providing that if Developer or any of his or its contractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for or about the performance of the Work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the provisions of 3248 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney’s fee in case suit is brought on the bond.

NOW, THEREFORE, we the undersigned, ______________________________, as Principal and ____________________________________, a corporation organized and existing under the laws of the State of _________________________ and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the AGENCY and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the said Work, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to said Work to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid, the sum of ____________________________________________________________ ($_______________), said sum being not less than 100% of the total amount payable by Developer under the terms of the Agreement, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if Developer or its contractors, or their heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Work contracted to be done, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the

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EXHIBIT B-7
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Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein.

In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys’ fees in addition to court costs, necessary disbursements and other consequential damages. In addition to the provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to make claims under Sections 8024, 8400, 8402, 8404, 8430, 9100 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

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

IN WITNESS WHEREOF, we have hereto set our hands and seals this ____ day on _____________________, 20__.
________________________________
Principal
By: ___________________________
President
________________________________
Surety
By: ___________________________
Attorney-in-Fact

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EXHIBIT B-8
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189

STATE OF CALIFORNIA )

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

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

WITNESS my hand and official seal.

Signature
Signa
ture of Notary Public
Place Notary Seal Above
____________________________________OPTIONAL____________________________________ Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title of Type of Document: Document Date:

Number of Pages: Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer’s Name:
 Corporate Officer – Title(s):
 Partner -  Limited General
 Individual  Attorney in Fact
 Trustee  Guardian or Conservator
Signer’s Name:
 Corporate Officer – Title(s):
 Partner -  Limited General
 Individual  Attorney in Fact
 Trustee  Guardian or Conservator
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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EXHIBIT B-9
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CERTIFICATE AS TO CORPORATE PRINCIPAL
I, _____________________________, certify that I am the ________________ Secretary of the corporation named as principal in the attached bond, that _____________________________________ who signed the said bond on behalf of the principal was then ____________________________________ of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) _________________________________
Signature
_____________________
Date
NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto.
Other:

Signer is Representing:
Other:

Signer is Representing:

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EXHIBIT C-1
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EXHIBIT “C”

DOCUMENTATION TO BE PROVIDED TO AGENCY BY DEVELOPER FOR

DETERMINATION OF VERIFIED COSTS
To assist AGENCY in determining the Verified Costs for a completed TUMF Improvement, Developer shall provide the following documents to AGENCY:

1. Plans, specifications and Developer’s civil engineer’s cost estimate;

2. If Developer is seeking Credit for such costs, documentation evidencing cost of any required environmental studies, preparation of designs, plans and specifications, required right of way acquisition, and other costs directly related to the development of the TUMF Improvement. Only actual, documented and reasonable costs directly related to the TUMF Improvement will be considered. Costs should be documented as specified below.

3. Costs claimed for right of way acquisition must be accompanied by an appraisal (no more than two years old at the time of acquisition) completed by an MAI appraiser, and documentation of transfer of such right of way to the AGENCY, or applicable public agency.

The appraisal must be approved by the AGENCY as valid and acceptable.

4. List of bidders from whom bids were requested;

5. Construction schedules and progress reports;

6. Contracts, insurance certificates and change orders with each contractor, consultant, service provider or vendor;

7. Invoices received from all contractors, consultants, service providers and vendors;

8. Canceled checks for payments made to contractors, consultants, service providers and vendors (copy both front and back of canceled checks);

9. Spreadsheet showing total costs incurred in and related to the construction of each TUMF Improvement and the check number for each item of cost and invoice;

10. Final lien releases from each contractor and vendor; and

11. Such further documentation as may be reasonably required by AGENCY to evidence the completion of construction and the payment of each item of cost and invoice.

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EXHIBIT D-1
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EXHIBIT “D”

REIMBURSEMENT AGREEMENT

TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM
THIS REIMBURSEMENT AGREEMENT (“Agreement”) is entered into this ___ day of ___________________, 20___, by and between the City of Norco, a California municipal corporation (“AGENCY”), the Western Riverside Council of Governments (“WRCOG”), a Joint Powers Agency and CRP LDF Palomino, LLC, a California Corporation with its principal place of business at 1300 Dove Street, Suite #200, Newport Beach, CA 92660 (“Developer”). AGENCY and Developer are sometimes hereinafter referred to individually as “Party” and collectively as “Parties”.

RECITALS
WHEREAS, AGENCY, WRCOG and Developer are parties to an agreement dated ________________, 20___, entitled “Improvement and Credit Agreement - Transportation Uniform Mitigation Fee Program” (hereinafter “Credit Agreement”); WHEREAS, Sections 14.1 through 14.3 of the Credit Agreement provide that Developer is obligated to pay AGENCY the TUMF Obligation, as defined therein, but shall receive credit to offset the TUMF Obligation if Developer constructs and AGENCY accepts the TUMF Improvements in accordance with the Credit Agreement;
WHEREAS, Section 14.5 of the Credit Agreement provides that if the dollar amount of the credit to which Developer is entitled under the Credit Agreement exceeds the dollar amount of the TUMF Obligation, Developer may apply to AGENCY and WRCOG for a reimbursement agreement for the amount by which the credit exceeds the TUMF Obligation; WHEREAS, Section 14.5 additionally provides that a reimbursement agreement executed pursuant to the Credit Agreement (i) shall be executed on the form attached to the Credit Agreement, (ii) shall contain the terms and conditions set forth therein, (iii) shall be subject to all terms and conditions of the Credit Agreement, and (iv) shall be attached upon execution to the Credit Agreement and incorporated therein as a material part of the Credit Agreement as though fully set forth therein; and
WHEREAS, AGENCY and WRCOG have consented to execute a reimbursement agreement with Developer pursuant to the Credit Agreement, (insert appropriate reference for city or county ), and the TUMF Administrative Plan adopted by WRCOG.

NOW, THEREFORE, for the purposes set forth herein, and for good and valuable consideration, the adequacy of which is hereby acknowledged, the Parties hereby agree as follows:

TERMS

1.0 Incorporation of Recitals. The Parties hereby affirm the facts set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein.

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EXHIBIT D-2
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2.0 Effectiveness. This Agreement shall not be effective unless and until the Credit Agreement is effective and in full force in accordance with its terms.

3.0 Definitions. Terms not otherwise expressly defined in this Agreement, shall have the meaning and intent set forth in the Credit Agreement.

4.0 Amount of Reimbursement. Subject to the terms, conditions, and limitations set forth in this Agreement, the Parties hereby agree that Developer is entitled to receive the dollar amount by which the Actual Credit exceeds the dollar amount of the TUMF Obligation as determined pursuant to the Credit Agreement, Ordinance No. 1044, and the TUMF Administrative Plan adopted by WRCOG (“Reimbursement”).The Reimbursement shall be subject to verification by WRCOG. AGENCY and Developer shall provide any and all documentation reasonably necessary for WRCOG to verify the amount of the Reimbursement. The Reimbursement shall be in an amount not exceeding [INSERT DOLLAR AMOUNT] (“Reimbursement Amount”). WRCOG shall, upon receipt and approval of information requested by WRCOG, shall be responsible for transmitting the Reimbursement Amount to the Developer. In no event shall the dollar amount of the Reimbursement exceed the difference between the dollar amount of all credit applied to offset the TUMF Obligation pursuant to Section 14.3, 14.4, and 14.5 of the Credit Agreement, and one hundred (100%) of the approved unit awarded, as such assumptions are identified and determined in the Nexus Study and the TUMF Administrative Plan adopted by WRCOG.

5.0 Payment of Reimbursement; Funding Contingency. The payment of the Reimbursement Amount shall be subject to the following conditions:

5.1 Developer shall have no right to receive payment of the Reimbursement unless and until (i) the TUMF Improvements are completed and accepted by AGENCY in accordance with the Credit Agreement, (ii) the TUMF Improvements are scheduled for funding pursuant to the fiveyear Transportation Improvement Program adopted annually by WRCOG, (iii) WRCOG has funds available and appropriated for payment of the Reimbursement amount.

5.2 Developer shall not be entitled to any interest or other cost adjustment for any delay between the time when the dollar amount of the Reimbursement is determined and the time when payment of the Reimbursement is made to Developer by WRCOG through AGENCY.

6.0 Affirmation of Credit Agreement. AGENCY and Developer represent and warrant to each other that there have been no written or oral modifications or amendments of the Credit Agreement, except by this Agreement. AGENCY and Developer ratify and reaffirm each and every one of their respective rights and obligations arising under the Credit Agreement. AGENCY and Developer represent and warrant that the Credit Agreement is currently an effective, valid, and binding obligation.

7.0 Incorporation Into Credit Agreement. Upon execution of this Agreement, an executed original of this Agreement shall be attached as Exhibit “D” to the Credit Agreement and shall be incorporated therein as a material part of the Credit Agreement as though fully set forth therein.

8.0 Terms of Credit Agreement Controlling. Each Party hereby affirms that all provisions of the Credit Agreement are in full force and effect and shall govern the actions of the Parties under this Agreement as though fully set forth herein and made specifically applicable hereto, including

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without limitation, the following sections of the Credit Agreement: Sections 10.0 through 10.3, Section 12.0, Sections 13.0 through 13.7, Sections 14.0 through 14.6, and Sections 15.0 through

15.17. [SIGNATURES OF PARTIES ON NEXT PAGE]

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EXHIBIT D-4
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.

CRP LDF Palomino, LLC
(“Developer”)
By: ______________________________________
Its: _______________________________________
ATTEST:

By: ________________________________
Its: ________________________________
City of Norco
By: ______________________________________
Its: _______________________________________
ATTEST:

By: ________________________________
Its: ________________________________

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EXHIBIT “E”

TUMF CREDIT / REIMBURSEMENT ELIGIBILITY PROCESS

1. Prior to the construction of any TUMF Improvement, Developer shall follow the steps listed below:
(a) Prepare a separate bid package for the TUMF Improvements. (b) The plans, cost estimate, specifications and contract document shall require all contractors to pay prevailing wages and to comply with applicable provisions of the Labor Code, Government Code, and Public Contract Code relating to Public Works Projects. (c) Bids shall be obtained and processed in accordance with the formal public works bidding requirements of the AGENCY.
(d) The contract(s) for the construction of TUMF Improvements shall be awarded to the lowest responsible bidder(s) for the construction of such facilities in accordance with the AGENCY’s requirements and guidelines.
(e) Contractor(s) shall be required to provide proof of insurance coverage throughout the duration of the construction.

2. Prior to the determination and application of any Credit pursuant to a TUMF Improvement and Credit Agreement executed between AGENCY and Developer ("Agreement"), Developer shall provide the AGENCY and WRCOG with the following:
(a) Copies of all information listed under Item 1 above. (b) Surety Bond, Letter of Credit, or other form of security permitted under the Agreement and acceptable to the AGENCY and WRCOG, guaranteeing the construction of all applicable TUMF Improvements.

3. Prior to the AGENCY’s acceptance of any completed TUMF Improvement, and in order to initiate the construction cost verification process, the Developer shall comply with the requirements as set forth in Sections 7, 14.2 and 14.3 of the Agreement, and the following conditions shall also be satisfied:
(a) Developer shall have completed the construction of all TUMF Improvements in accordance with the approved Plans and Specifications. (b) Developer shall have satisfied the AGENCY’s inspection punch list. (c) After final inspection and approval of the completed TUMF Improvements, the AGENCY shall have provided the Developer a final inspection release letter.

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(d) AGENCY shall have filed a Notice of Completion with respect to the TUMF Improvements pursuant to Section 3093 of the Civil Code with the County Recorder’s Office, and provided a copy of filed Notice of Completion to WRCOG. (e) Developer shall have provided AGENCY a copy of the As-Built plans for the TUMF Improvements.
(f) Developer shall have provided AGENCY copies of all permits or agreements that may have been required by various resource/regulatory agencies for construction, operation and maintenance of any TUMF Improvements. (g) Developer shall have submitted a documentation package to the AGENCY to determine the final cost of the TUMF Improvements, which shall include at a minimum, the following documents related to the TUMF Improvements:
(i) Plans, specifications, and Developer's Civil Engineer’s cost estimates; or Engineer’s Report showing the cost estimates. (ii) If DEVELOPER is seeking Credit for such costs, documentation evidencing cost of any required environmental studies, preparation of designs, plans and specifications, required right of way acquisition, and other costs directly related to the development of the TUMF Improvements. Only actual, documented and reasonable costs directly related to the TUMF Improvements will be considered. Costs should be documented as specified below.
(iii) Costs claimed for right of way acquisition must be accompanied by an appraisal (no more than two years old at the time of acquisition) completed by an MAI appraiser, and documentation of transfer of such right of way to the AGENCY, or applicable public agency. The appraisal must be approved by the AGENCY as valid and acceptable. (iv) Contracts/agreements, insurance certificates and change orders with each vendor or contractor.
(v) Invoices from all contractors, consultants, service providers and vendors.
(vi) Copies of cancelled checks, front and back, for payments made to contractors, consultants, service providers and vendors. (vii) Final lien releases from each contractor and vendor (unconditional waiver and release).
(viii) Certified contract workers payroll for AGENCY verification of compliance with prevailing wages.
(ix) A total cost summary, in spreadsheet format (MS Excel is preferred) and on disk, showing a breakdown of the total costs incurred. The summary should include for each item claimed the check number, cost, invoice numbers, and name of payee. See

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attached sample for details. [ATTACH SAMPLE, IF APPLICABLE; OTHERWISE DELETE

REFERENCE TO ATTACHED SAMPLE

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EXHIBIT “F”

RECONCILIATION

EXAMPLES
All examples are based on a single family residential development project of 200 dwelling units:
200 SF dwelling units @ $6,650 / dwelling unit = $1,330,000 in fees (TUMF Obligation) Example A: “TUMF BALANCE”
CREDIT
TUMF Obligation: $1,330,000
Estimated Credit: Bid ($1,500,000) or unit Cost Assumption ($1,600,000) whichever is less $1,500,000 Potential Reimbursement: ($170,000)

RECONCILIATION
TUMF Obligation: $1,330,000
Actual Credit: $1,200,000
TUMF Balance (Payment to TUMF): $130,000
Example B: “REIMBURSEMENT”
CREDIT
TUMF Obligation: $1,330,000
Estimated Credit: Bid ($1,500,000) or unit Cost Assumption ($1,600,000) whichever is less $1,500,000 Potential Reimbursement: ($170,000)

RECONCILIATION
TUMF Obligation: $1,330,000
Actual Credit: $1,500,000
Reimbursement Agreement with Developer (Based on Priority Ranking): ($170,000) Example C: “TUMF OVERPAYMENT”
CREDIT
TUMF Obligation: $1,330,000
Estimated Credit: Bid ($1,200,000) or unit Cost Assumption ($1,500,000) whichever is less $1,200,000 Remaining TUMF Obligation: $130,000
Prorated Fee: $130,000 / 200 du = $650 / du

RECONCILIATION
Actual Credit: $1,300,000
TUMF payments from Developer ($650 per unit x 200 units) $130,000 Actual Credit plus TUMF Payment $1,430,000
TUMF Obligation: $1,330,000
Actual Credit plus TUMF Payment $1,430,000
TUMF Overpayment (Refund to Developer): ($100,000)

Initial TUMF Credit Summary
List of eligible streets/facilities under the TUMF Program for subject plot plan:

First Street (Northwest TUMF Zone)
Initial Credit shall be equal to the lesser of the following:

TUMF Obligation (see next page for Details) $ 2,667,877 TUMF Unit Cost Assumption (see next page for Details) $ 762,574 Improvement Costs (Low Bid) (see below for details) $ 1,008,635 Improvement Costs Breakdown
Street Improvement Construction Costs First Street - ESTIMATE $ 674,333 Right of Way Cost : First Street 98,286 $
Planning, Engineering, Construction Management, Geotechnical Services (35%) 236,016 $ Improvement Costs Total $ 1,008,635
Initial TUMF Credit:

Initial Credit (Obligation, Low Bid or Unit Cost Assumption, whichever is less) $ 762,574 Unpaid Single Family Dwelling Units 1,473,965
Total Credit to be applied to unpaid single family units $ 762,574 TUMF Overpayment / Refund:

Estimated TUMF Obligation 2,667,877 $
Estimated Credit amount + Paid TUMF amount $ 762,574
Refund (Credit + paid TUMF amount that exceeds Obligation amount) $ - TUMF Reimbursement:

Estimated TUMF Obligation 2,667,877 $
Estimated Cost (Lesser of Bid Amount or Unit Cost Assumptions) $ 762,574 Estimated TUMF Reimbursement (Cost exceeding Obligation amount) $0 EXHIBIT "G"

CAPROCK PARTNERS
Tract No. 37681
Pardee Homes EXHIBIT G-1

CAPROCK PARTNERS
Tract No. 37681

TUMF OBLIGATION CALCULATION
Unit Type - PAID Fee per SF Units Amount
Industrial $ 1.81 0 $ -
Paid Subtotal 0 $ -
Unit Type - UNPAID Fee per SF TOTAL SF Amount
Industrial $ 1.81 1,473,965 $ 2,667,877
Unpaid Subtotal 1,473,965 $ 2,667,877
Obligation Total 1,473,965 $ 2,667,877

TUMF UNIT COST ASSUMPTION CALCULATION
WRCOG TUMF Network Road Segment applicable to Proposed Improvements Cost Item Amount First Street (Parkridge to Mountain)
Network Distance: 0.26 miles Road Const $ 383,000
Existing Lanes: 2 ROW/Utilities $ 195,000
Increase in Lanes: 2 Planning (10%) $ 38,000
Engring (25%) $ 96,000
Conting (10%) $ 58,000
Network Road Segment Cost Est $ 770,000
Network Unit Cost per Lane mile $ 1,480,769
Network Unit Cost per Lane foot $ 280
Road Improvement Cost Estimate (based on Network Unit Cost per Lane foot) Lane Construction Limits (Sta. to Sta.) Linear Feet Amount 1 10+35.13 24+18.99 1,383.86 $ 388,102
2 10+35.13 23+70.39 1,335.26 $ 374,472
TUMF Subtotal 2,719.12 $ 762,574
TOTAL TUMF UNIT COST ASSUMPTION FOR ELIGIBLE IMPROVEMENTS $ 762,574 (2016 Nexus Study Unit Cost Assumption)
Pardee Homes EXHIBIT G-2

Initial TUMF Credit Summary
List of eligible streets/facilities under the TUMF Program for subject plot plan:

Second Street (Northwest TUMF Zone)
Initial Credit shall be equal to the lesser of the following:

TUMF Obligation (see next page for Details) $ 2,667,877 TUMF Unit Cost Assumption (see next page for Details) $ 888,923 Improvement Costs (Low Bid) (see below for details) $ 1,155,903 Improvement Costs Breakdown
Street Improvement Construction Costs Second Street - ESTIMATE $ 763,874 Right of Way Cost : Second Street 124,673 $
Planning, Engineering, Construction Management, Geotechnical Services (35%) 267,356 $ Improvement Costs Total $ 1,155,903
Initial TUMF Credit:

Initial Credit (Obligation, Low Bid or Unit Cost Assumption, whichever is less) $ 888,923 Unpaid Single Family Dwelling Units 1,473,965
Total Credit to be applied to unpaid single family units $ 888,923 TUMF Overpayment / Refund:

Estimated TUMF Obligation 2,667,877 $
Estimated Credit amount + Paid TUMF amount $ 888,923
Refund (Credit + paid TUMF amount that exceeds Obligation amount) $ - TUMF Reimbursement:

Estimated TUMF Obligation 2,667,877 $
Estimated Cost (Lesser of Bid Amount or Unit Cost Assumptions) $ 888,923 Estimated TUMF Reimbursement (Cost exceeding Obligation amount) $0 EXHIBIT "G"
Tract No. 37681

CAPROCK PARTNERS
Pardee Homes EXHIBIT G-1

Tract No. 37681

CAPROCK PARTNERS

TUMF OBLIGATION CALCULATION
Dwelling Unit Type - PAID Fee per SF Units Amount
Single Family Residential Unit $ 1.81 0 $ -
Paid Subtotal 0 $ -
Dwelling Unit Type - UNPAID Fee per SF TOTAL SF Amount
Single Family Residential Unit (TR 30386) $ 1.81 1,473,965 $ 2,667,877 Unpaid Subtotal 1,473,965 $ 2,667,877
Obligation Total 1,473,965 $ 2,667,877

TUMF UNIT COST ASSUMPTION CALCULATION
WRCOG TUMF Network Road Segment applicable to Proposed Improvements Cost Item Amount Second Street (River to I15)
Network Distance: 1.44 miles Road Const $ 2,143,000
Existing Lanes: 2 ROW/Utilities $ 1,089,000
Increase in Lanes: 2 Planning (10%) $ 214,000
Engring (25%) $ 536,000
Conting (10%) $ 323,000
Network Road Segment Cost Est $ 4,305,000
Network Unit Cost per Lane mile $ 1,494,792
Network Unit Cost per Lane foot $ 283
Road Improvement Cost Estimate (based on Network Unit Cost per Lane foot) Lane Construction Limits (Sta. to Sta.) Linear Feet Amount 1 12+38.70 29+79.59 1,740.89 $ 492,854
2 12+38.70 14+46.74 17+88.61 29+79.59 1,399.02 $ 396,069 TUMF Subtotal 3,139.91 $ 888,923
TOTAL TUMF UNIT COST ASSUMPTION FOR ELIGIBLE IMPROVEMENTS $ 888,923 (2016 Nexus Study Unit Cost Assumption)
Pardee Homes EXHIBIT G-2

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City Council

STAFF REPORT
Date: August 21, 2024 Agenda Item:

3.D.

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

Approve quote from Yunix Traffic for installation of LED lights at various traffic and pedestrian signal heads in Norco
RECOMMENDATION:

Accept the quote from Yunix Traffic for installation of LED lights on various traffic and pedestrian signal heads in Norco and authorize the City Manager to approve a purchase order in the amount of $119,624.

SUMMARY:

Public Works has been developing a five-year capital improvement program to implement citywide critical traffic signal upgrades. Some of the planned future improvements include adding battery backups, vehicle video detection, new traffic cabinets as needed, and upgrading to LED for the safety lights and signal heads. For the second year of the planned improvements, staff is seeking to replace all the incandescent traffic and pedestrian signal lights with new LED lights.

BACKGROUND:

As part of the City's five-year capital improvement program, Public Works is upgrading or modernizing all the traffic signals maintained by the City. Some of the planned future improvements include adding battery backups, vehicle video detection, new traffic cabinets as needed, and upgrading to LED for the safety lights and signal heads.

However, the cost to implement all the planned upgrades per intersection is estimated to be about $150,000 each. With over 27 intersections below desired standards, that would require nearly $4,000,000 to complete all the work at once. There are eight (8) traffic signals that were previously upgraded during various street improvement projects or development projects to meet current standards and will not be part of this project.

Please note the upgrade for the safety lights to LED was completed in fiscal year 2023-

24.

Public Works has planned an incremental approach to complete the various improvements, and this year will utilize the approved Measure R budget of $120,000 to upgrade the traffic and pedestrian signals at 25 intersections to LED. This would improve the overall quality of visibility of the signal lights at the intersections and provide reduced power demands overall as LED is significantly more efficient than incandescent thus saving the City money in the long term. Public Works can work on identifying all the meters for the traffic signals to determine what change in electrical consumption occurred after one year of using the LEDs. The other desired upgrades such as battery backup systems and traffic signal cameras will be planned as part of future budgets as funds become available.

Yunix Traffic is the City's current traffic signal maintenance provider and has provided a quote in the amount of $119,624 to replace all the incandescent bulbs in the traffic and pedestrian signal heads to LED (see attached quote). Staff is recommending City Council to accept the quote from Yunix Traffic for installation of new LED lights at all signal heads and authorize the City Manager to approve a purchase order in the amount of $119,624.

FISCAL IMPACT:

The Citywide Traffic Signal Upgrade Project is included in the FY 2024-25 Measure R Capital Improvement Program Budget in the amount of $120,000 to complete the proposed LED light upgrade for traffic signals (54900.22; 132.930.43160) and is sufficient to fund the proposed LED traffic and pedestrian signal lighting improvements.

RELATIONSHIP TO STRATEGIC PLAN:

Installation of the LED lighting at traffic signals is consistent with Strategic Direction #5 – Infrastructure and Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.

REVIEWED AND APPROVED BY:

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

Citywide LED Traffic Signal Upgrade

Unrestricted
Yunex Traffic
2240 Business Way
Riverside, Ca. 92501
951.784.6600
951.784.6700 Fax
June 19, 2024
Chad Blais
City of Norco
RE: Various 25 Locations – Upgrade Traffic Signal & Pedestrian LED’s Dear Mr. Blais:

We offer to perform the following work, on the terms and conditions stated below, and at the prices shown, as follows:

Pending your authorization, Yunex Traffic will provide and install all new GE LED Traffic Signal & Pedestrian LED’s at 25 locations.

Item
#
Item Description Unit Quantity Unit Price Total Price
1 Traffic Signal & Ped LED Upgrade (Citywide) LS 1 $119,623.30 $119,623.30 1 Total Bid $119,623.30
This proposal is an estimate, if unexpected problems arise we will notify you before we proceed and a change order for the extra work will be provided. Additionally, the price listed above does not include any bond or permit fees.

This offer shall expire 60 days from the date hereof and may be withdrawn by us at any time prior thereto with or without notice. This offer supersedes any prior offers, commitment or orders, contains all terms, conditions and warranties and when accepted, constitutes the entire contract between the parties. The resulting contract shall not be modified except by formal written amendment. This offer shall be accepted by delivery to us of a copy of this offer duly signed by you in the space provided.

The foregoing offer is hereby accepted this _______ day of __________, 2024.

CITY OF NORCO YUNEX TRAFFIC
Candace Gallaher

By: Candace Gallaher
Title: Service Project Manager

City Council

STAFF REPORT
Date: August 21, 2024 Agenda Item:

3.E.

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

Amendment of FY 2025-29 Capital Improvement Program to include additional funding for the Citation Drive Storm Drain Project, Acceptance of Bids, Award of Contract, and Approval of Project Plans for the Citation Drive Storm Drain Project RECOMMENDATION:

Appropriate additional funding for Fiscal Year (FY) 2025-29 CIP storm drain budget in the amount of $245,000 for the Citation Drive Storm Drain Project; accept bids and award a contract to Wright Construction Engineering Corp. for the Citation Drive Storm Drain Project in the amount of $365,000; and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.

SUMMARY:

Bids for the Citation Drive Storm Drain Project were opened on July 18, 2024, with Wright Construction Engineering Corp of San Marcos, California being the lowest responsible bidder. Therefore, it is recommended that a contract be awarded to Wright Construction Engineering Corp in the amount of $365,000 and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.

Bids came in approximately 27% higher than the original cost estimate due to unforeseen removals & relocations, additional storm drain infrastructure and general construction cost increases.

BACKGROUND:

Plans and specifications for the Citation Drive Storm Drain Project were advertised on June 19, 2024, with a bid opening date of July 18, 2024. A total of eleven (11) bids were received with proposals ranging in value from $365,000 to $633,056. The bid summary analysis has been attached for Council’s review (See Bid Summary). The Citation Drive Storm Drain Project includes the installation of 200 linear feet of various size storm drain and catch basins (See Project Exhibit).

Bids came in higher than the original cost estimate due to unforeseen removals & relocations, the inclusion of additional storm drain infrastructure and general construction cost increases for CIP projects being experienced throughout the construction industry.

Staff has reviewed all the bids submitted and determined that Wright Construction Engineering Corp of San Marcos, California, as being the lowest responsible bidder in the amount of $365,000 (see Proposal). Staff has reviewed the references of the lowest bidder and bid documents submitted and determined the bid is responsive to all requirements and the contractor has the experience to complete the required construction activities for the Citation Drive Storm Drain Project.

The Citation Drive Storm Drain Project has an approved budget of $252,037 (Fund 129 - Project No. 4214.32; Account No. 129.935.43180 & 129.935.43180.30). The budget is insufficient to fund the low bid amount. However, Riverside County Flood Control & Water Conservation District (RCFC&WCD) has indicated they would provide the additional funding for the project. Therefore, staff is recommending approval to amend the FY 2025-29 CIP Budget to increase the project budget in the amount of $245,000 to ensure sufficient funding for the total project cost of $497,000 (full bid amount of $365,000, $37,000 for design, 10% design & 15% construction administration and a 10% contingency).

Funds for the project will be secured through an amended Funding Agreement with the RCFC&WCD. Funding for project includes 100% of the contract award amount, 100% of the design costs, 100% of the Utility Relocation work, 10% for design administration, 15% for construction contract administration and 10% for construction change orders.

Furthermore, Government Code Section 830.6 stipulates that neither a public entity nor its employees bare liability for injuries arising from the approved plan or design of public property. This immunity applies when the plan or design has received prior approval from the relevant legislative or the discretionary authority or conforms to established standards. In light of this legal framework, it is recommended that the City Council approve the project plans for the Citation Drive Storm Drain Project.

FISCAL IMPACT:

The Citation Drive Storm Drain Project was approved as a Capital Improvement Program project in the Storm Drain Fund in Fiscal Year 2024-28 having a to-date expenditure amount of $25,300. Funds in the amount of $252,037 for Fiscal Year 24-25 ($33,000 for design and $219,037 for construction) are not sufficient to fund the lowest bidder bid amount including the 10% contingency. Staff is requesting the appropriation of additional funding for construction & design costs in the amount of $245,000 for the project (Project Number 4214.32; Account Number 129.935.43180 & 129.935.43180.30).

RELATIONSHIP TO STRATEGIC PLAN:

Construction of the Citation Drive Storm Drain Project is consistent with Strategic Direction #5 – Infrastructure and Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.

REVIEWED AND APPROVED BY:

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

BID SUMMARY

PROJECT EXHIBIT

BID PROPOSAL
Contract-WRIGHT
Citation Drive SD Plans

City of Norco
Bid Results for Project Citation Drive Storm Drain Project (4214.32) Issued on 06/19/2024
Bid Due on July 18, 2024 12:00 PM (PDT)
Item Description Unit Qty Unit Price Line Total Unit Price Line Total Unit Price Line Total 1 Clearing and Grubbing, Mobilization,
NPDES/SWPPP requirements, (Max 3% of total
base bid) L.S. 1 $10,225.00 $10,225.00 $12,500.00 $12,500.00 $10,000.00 $10,000.00 2 Traffic Control L.S. 1 $5,000.00 $5,000.00 $15,000.00 $15,000.00 $50,000.00 $50,000.00 3 Furnish and Install 18" R.C.P., including Bedding
& Backfill per City of Norco STD. 155 LF 70 $350.00 $24,500.00 $275.00 $19,250.00 $425.00 $29,750.00 4 Furnish and Install 24" R.C.P., including Bedding
& Backfill per City of Norco STD. 155 LF 140 $385.00 $53,900.00 $385.00 $53,900.00 $600.00 $84,000.00 5 Furnish and Install 12" P.V.C., including Bedding
& Backfill per City of Norco STD. 155 LF 27 $575.00 $15,525.00 $225.00 $6,075.00 $375.00 $10,125.00 6 Construct 24" x 24" Brooks Box Traffic Rated
Catch Basin EA 2 $3,500.00 $7,000.00 $9,500.00 $19,000.00 $5,750.00 $11,500.00 7 Construct 36" CMP Rise Inlet per RCFCD Std
Dwg CB108 EA 1 $12,000.00 $12,000.00 $15,650.00 $15,650.00 $12,500.00 $12,500.00 8 Furnish and Install Manhole No. 1 per RCFC &
WCD STD. DWG. MH251 EA 1 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $14,500.00 $14,500.00 9 Construct Transition Structure per RCFCD Std
Dwg TS303 EA 1 $10,000.00 $10,000.00 $12,500.00 $12,500.00 $24,500.00 $24,500.00 10 Construct Junction Structure No. 2 per RCFCD
Std Dwg JS227 EA 2 $9,000.00 $18,000.00 $11,250.00 $22,500.00 $14,000.00 $28,000.00 11 Construct Catch Basin No. 1 per RCFCD Std Dwg
CB100 EA 1 $15,000.00 $15,000.00 $10,500.00 $10,500.00 $17,500.00 $17,500.00 12 Construct Concrete Valley Gutter LF 100 $200.00 $20,000.00 $225.00 $22,500.00 $75.00 $7,500.00 13 Construct Asphalt Concrete Berm per CRPWD
Std Dwg. No. 250 LF 30 $250.00 $7,500.00 $145.00 $4,350.00 $85.00 $2,550.00 14 Remove and dispose of existing tree EA 9 $3,200.00 $28,800.00 $4,000.00 $36,000.00 $950.00 $8,550.00 Line Totals (Unit Price * Quantity)
Wright Construction
Engineering Corp Pacific West Underground CEM Construction Corp.

City of Norco
Bid Results for Project Citation Drive Storm Drain Project (4214.32) Issued on 06/19/2024
Bid Due on July 18, 2024 12:00 PM (PDT)
Item Description Unit Qty Unit Price Line Total Unit Price Line Total Unit Price Line Total Line Totals (Unit Price * Quantity)
Wright Construction
Engineering Corp Pacific West Underground CEM Construction Corp. 15 Remove Existing Asphalt and Base and Replace
4 inch AC over 6" Class II Base SF 122 $300.00 $36,600.00 $75.00 $9,150.00 $75.00 $9,150.00 16 Waterline Relocation EA 1 $16,000.00 $16,000.00 $21,450.00 $21,450.00 $24,000.00 $24,000.00 17 Trench Pavement Repair per City of Norco Std
155 LF 45 $200.00 $9,000.00 $150.00 $6,750.00 $75.00 $3,375.00 18 Trench Repair per detail 11 sheet 8 LF 175 $50.00 $8,750.00 $55.00 $9,625.00 $20.00 $3,500.00 19 Local Depression per RCFCD Std LD201 Case C EA 1 $5,000.00 $5,000.00 $7,500.00 $7,500.00 $8,500.00 $8,500.00 20 Grade to drain towards Catch Basin LS 1 $5,000.00 $5,000.00 $15,250.00 $15,250.00 $4,500.00 $4,500.00 21 Replace existing SOD in kind LS 1 $2,500.00 $2,500.00 $11,350.00 $11,350.00 $5,000.00 $5,000.00 22 Remove and Replace existing Vinyl Fence in kind LF 22 $100.00 $2,200.00 $225.00 $4,950.00 $225.00 $4,950.00 23 Remove existing wall LF 100 $125.00 $12,500.00 $95.00 $9,500.00 $75.00 $7,500.00 24 Unclassified Grading (Lump Sum) LS 1 $20,000.00 $20,000.00 $16,500.00 $16,500.00 $8,500.00 $8,500.00 25 Remove Existing 5' Chain Link Fence and
Replace in-kind LF 50 $100.00 $5,000.00 $125.00 $6,250.00 $150.00 $7,500.00 Subtotal $365,000.00 $383,000.00 $397,450.00
Total $365,000.00 $383,000.00 $397,450.00

City of Norco
Bid Results for Project Citation Drive Storm Drain Project (4214.32) Issued on 06/19/2024
Bid Due on July 18, 2024 12:00 PM (PDT)
Item Description Unit Qty
1 Clearing and Grubbing, Mobilization,
NPDES/SWPPP requirements, (Max 3% of total
base bid) L.S. 1
2 Traffic Control L.S. 1
3 Furnish and Install 18" R.C.P., including Bedding
& Backfill per City of Norco STD. 155 LF 70
4 Furnish and Install 24" R.C.P., including Bedding
& Backfill per City of Norco STD. 155 LF 140
5 Furnish and Install 12" P.V.C., including Bedding
& Backfill per City of Norco STD. 155 LF 27
6 Construct 24" x 24" Brooks Box Traffic Rated
Catch Basin EA 2
7 Construct 36" CMP Rise Inlet per RCFCD Std
Dwg CB108 EA 1
8 Furnish and Install Manhole No. 1 per RCFC &
WCD STD. DWG. MH251 EA 1
9 Construct Transition Structure per RCFCD Std
Dwg TS303 EA 1
10 Construct Junction Structure No. 2 per RCFCD
Std Dwg JS227 EA 2
11 Construct Catch Basin No. 1 per RCFCD Std Dwg
CB100 EA 1
12 Construct Concrete Valley Gutter LF 100
13 Construct Asphalt Concrete Berm per CRPWD
Std Dwg. No. 250 LF 30
14 Remove and dispose of existing tree EA 9
Line Totals (Unit Price * Quantity)
Unit Price Line Total Unit Price Line Total Unit Price Line Total $12,000.00 $12,000.00 $12,000.00 $12,000.00 $13,000.00 $13,000.00 $5,000.00 $5,000.00 $1,000.00 $1,000.00 $25,000.00 $25,000.00 $500.00 $35,000.00 $850.00 $59,500.00 $518.00 $36,260.00 $600.00 $84,000.00 $830.00 $116,200.00 $508.00 $71,120.00 $500.00 $13,500.00 $525.00 $14,175.00 $145.00 $3,915.00 $4,000.00 $8,000.00 $4,000.00 $8,000.00 $4,857.00 $9,714.00 $15,400.00 $15,400.00 $15,500.00 $15,500.00 $10,623.00 $10,623.00 $15,700.00 $15,700.00 $11,000.00 $11,000.00 $25,000.00 $25,000.00 $10,900.00 $10,900.00 $9,500.00 $9,500.00 $13,724.00 $13,724.00 $10,000.00 $20,000.00 $6,500.00 $13,000.00 $20,000.00 $40,000.00 $16,900.00 $16,900.00 $20,000.00 $20,000.00 $7,988.00 $7,988.00 $265.00 $26,500.00 $150.00 $15,000.00 $136.00 $13,600.00 $200.00 $6,000.00 $300.00 $9,000.00 $248.00 $7,440.00
$3,111.11 $27,999.99 $4,200.00 $37,800.00 $5,312.00 $47,808.00 MNR Construction, Inc. TTS Engineering, Inc.

Kirtley Construction, Inc.
dba TK Construction

City of Norco
Bid Results for Project Citation Drive Storm Drain Project (4214.32) Issued on 06/19/2024
Bid Due on July 18, 2024 12:00 PM (PDT)
Item Description Unit Qty
Line Totals (Unit Price * Quantity)
15 Remove Existing Asphalt and Base and Replace
4 inch AC over 6" Class II Base SF 122
16 Waterline Relocation EA 1
17 Trench Pavement Repair per City of Norco Std
155 LF 45
18 Trench Repair per detail 11 sheet 8 LF 175
19 Local Depression per RCFCD Std LD201 Case C EA 1
20 Grade to drain towards Catch Basin LS 1
21 Replace existing SOD in kind LS 1
22 Remove and Replace existing Vinyl Fence in kind LF 22 23 Remove existing wall LF 100
24 Unclassified Grading (Lump Sum) LS 1
25 Remove Existing 5' Chain Link Fence and
Replace in-kind LF 50
Unit Price Line Total Unit Price Line Total Unit Price Line Total MNR Construction, Inc. TTS Engineering, Inc.

Kirtley Construction, Inc.
dba TK Construction
$49.18 $5,999.96 $80.00 $9,760.00 $129.00 $15,738.00
$34,000.00 $34,000.00 $26,000.00 $26,000.00 $21,458.00 $21,458.00 $150.00 $6,750.00 $300.00 $13,500.00 $228.00 $10,260.00 $227.00 $39,725.00 $15.00 $2,625.00 $67.00 $11,725.00
$6,000.00 $6,000.00 $6,200.00 $6,200.00 $10,240.00 $10,240.00 $4,500.00 $4,500.00 $3,000.00 $3,000.00 $6,828.00 $6,828.00 $7,000.00 $7,000.00 $6,300.00 $6,300.00 $8,962.00 $8,962.00 $250.00 $5,500.00 $250.00 $5,500.00 $282.00 $6,204.00
$100.00 $10,000.00 $75.00 $7,500.00 $73.00 $7,300.00
$6,000.00 $6,000.00 $3,800.00 $3,800.00 $20,000.00 $20,000.00 $125.00 $6,250.00 $260.00 $13,000.00 $124.00 $6,200.00
$428,624.95 $438,860.00 $450,107.00
$428,624.95 $438,860.00 $450,107.00

City of Norco
Bid Results for Project Citation Drive Storm Drain Project (4214.32) Issued on 06/19/2024
Bid Due on July 18, 2024 12:00 PM (PDT)
Item Description Unit Qty
1 Clearing and Grubbing, Mobilization,
NPDES/SWPPP requirements, (Max 3% of total
base bid) L.S. 1
2 Traffic Control L.S. 1
3 Furnish and Install 18" R.C.P., including Bedding
& Backfill per City of Norco STD. 155 LF 70
4 Furnish and Install 24" R.C.P., including Bedding
& Backfill per City of Norco STD. 155 LF 140
5 Furnish and Install 12" P.V.C., including Bedding
& Backfill per City of Norco STD. 155 LF 27
6 Construct 24" x 24" Brooks Box Traffic Rated
Catch Basin EA 2
7 Construct 36" CMP Rise Inlet per RCFCD Std
Dwg CB108 EA 1
8 Furnish and Install Manhole No. 1 per RCFC &
WCD STD. DWG. MH251 EA 1
9 Construct Transition Structure per RCFCD Std
Dwg TS303 EA 1
10 Construct Junction Structure No. 2 per RCFCD
Std Dwg JS227 EA 2
11 Construct Catch Basin No. 1 per RCFCD Std Dwg
CB100 EA 1
12 Construct Concrete Valley Gutter LF 100
13 Construct Asphalt Concrete Berm per CRPWD
Std Dwg. No. 250 LF 30
14 Remove and dispose of existing tree EA 9
Line Totals (Unit Price * Quantity)
Unit Price Line Total Unit Price Line Total Unit Price Line Total $14,500.00 $14,500.00 $25,000.00 $25,000.00 $16,000.00 $16,000.00 $8,600.00 $8,600.00 $7,000.00 $7,000.00 $46,000.00 $46,000.00 $802.00 $56,140.00 $1,000.00 $70,000.00 $204.00 $14,280.00 $804.00 $112,560.00 $850.00 $119,000.00 $193.00 $27,020.00 $635.00 $17,145.00 $1,500.00 $40,500.00 $300.00 $8,100.00 $5,850.00 $11,700.00 $10,000.00 $20,000.00 $9,500.00 $19,000.00 $29,000.00 $29,000.00 $6,500.00 $6,500.00 $20,000.00 $20,000.00 $16,300.00 $16,300.00 $10,000.00 $10,000.00 $25,000.00 $25,000.00 $14,360.00 $14,360.00 $10,000.00 $10,000.00 $20,000.00 $20,000.00 $10,800.00 $21,600.00 $6,600.00 $13,200.00 $13,000.00 $26,000.00 $12,750.00 $12,750.00 $15,000.00 $15,000.00 $40,000.00 $40,000.00 $198.00 $19,800.00 $120.00 $12,000.00 $180.00 $18,000.00 $379.00 $11,370.00 $100.00 $3,000.00 $300.00 $9,000.00
$2,500.00 $22,500.00 $2,500.00 $22,500.00 $4,150.00 $37,350.00 Ferreira Construction Co,
Inc DBA Ferreira Coastal
Construction Aneen Construction, Inc.

Riverside Construction
Company, Inc.

City of Norco
Bid Results for Project Citation Drive Storm Drain Project (4214.32) Issued on 06/19/2024
Bid Due on July 18, 2024 12:00 PM (PDT)
Item Description Unit Qty
Line Totals (Unit Price * Quantity)
15 Remove Existing Asphalt and Base and Replace
4 inch AC over 6" Class II Base SF 122
16 Waterline Relocation EA 1
17 Trench Pavement Repair per City of Norco Std
155 LF 45
18 Trench Repair per detail 11 sheet 8 LF 175
19 Local Depression per RCFCD Std LD201 Case C EA 1
20 Grade to drain towards Catch Basin LS 1
21 Replace existing SOD in kind LS 1
22 Remove and Replace existing Vinyl Fence in kind LF 22 23 Remove existing wall LF 100
24 Unclassified Grading (Lump Sum) LS 1
25 Remove Existing 5' Chain Link Fence and
Replace in-kind LF 50
Unit Price Line Total Unit Price Line Total Unit Price Line Total Ferreira Construction Co,
Inc DBA Ferreira Coastal
Construction Aneen Construction, Inc.

Riverside Construction
Company, Inc.
$188.00 $22,936.00 $100.00 $12,200.00 $75.00 $9,150.00
$28,000.00 $28,000.00 $20,000.00 $20,000.00 $38,500.00 $38,500.00 $164.00 $7,380.00 $350.00 $15,750.00 $364.00 $16,380.00 $33.00 $5,775.00 $250.00 $43,750.00 $20.00 $3,500.00
$2,600.00 $2,600.00 $3,000.00 $3,000.00 $15,000.00 $15,000.00 $7,400.00 $7,400.00 $10,000.00 $10,000.00 $22,000.00 $22,000.00 $7,500.00 $7,500.00 $5,000.00 $5,000.00 $12,000.00 $12,000.00 $169.00 $3,718.00 $1,000.00 $22,000.00 $350.00 $7,700.00 $121.00 $12,100.00 $100.00 $10,000.00 $150.00 $15,000.00 $15,000.00 $15,000.00 $10,000.00 $10,000.00 $95,000.00 $95,000.00 $83.00 $4,150.00 $150.00 $7,500.00 $300.00 $15,000.00
$484,884.00 $532,900.00 $574,980.00
$484,884.00 $532,900.00 $574,980.00

City of Norco
Bid Results for Project Citation Drive Storm Drain Project (4214.32) Issued on 06/19/2024
Bid Due on July 18, 2024 12:00 PM (PDT)
Item Description Unit Qty
1 Clearing and Grubbing, Mobilization,
NPDES/SWPPP requirements, (Max 3% of total
base bid) L.S. 1
2 Traffic Control L.S. 1
3 Furnish and Install 18" R.C.P., including Bedding
& Backfill per City of Norco STD. 155 LF 70
4 Furnish and Install 24" R.C.P., including Bedding
& Backfill per City of Norco STD. 155 LF 140
5 Furnish and Install 12" P.V.C., including Bedding
& Backfill per City of Norco STD. 155 LF 27
6 Construct 24" x 24" Brooks Box Traffic Rated
Catch Basin EA 2
7 Construct 36" CMP Rise Inlet per RCFCD Std
Dwg CB108 EA 1
8 Furnish and Install Manhole No. 1 per RCFC &
WCD STD. DWG. MH251 EA 1
9 Construct Transition Structure per RCFCD Std
Dwg TS303 EA 1
10 Construct Junction Structure No. 2 per RCFCD
Std Dwg JS227 EA 2
11 Construct Catch Basin No. 1 per RCFCD Std Dwg
CB100 EA 1
12 Construct Concrete Valley Gutter LF 100
13 Construct Asphalt Concrete Berm per CRPWD
Std Dwg. No. 250 LF 30
14 Remove and dispose of existing tree EA 9
Line Totals (Unit Price * Quantity)
Unit Price Line Total Unit Price Line Total
$17,000.00 $17,000.00 $19,851.00 $19,851.00
$106,000.00 $106,000.00 $8,342.00 $8,342.00
$610.00 $42,700.00 $660.00 $46,200.00
$890.00 $124,600.00 $749.00 $104,860.00
$800.00 $21,600.00 $931.00 $25,137.00
$8,550.00 $17,100.00 $7,442.00 $14,884.00
$12,500.00 $12,500.00 $18,988.00 $18,988.00
$20,000.00 $20,000.00 $33,443.00 $33,443.00
$16,000.00 $16,000.00 $26,284.00 $26,284.00
$9,900.00 $19,800.00 $27,195.00 $54,390.00
$36,000.00 $36,000.00 $38,504.00 $38,504.00
$88.00 $8,800.00 $200.00 $20,000.00
$60.00 $1,800.00 $170.00 $5,100.00
$2,600.00 $23,400.00 $5,653.00 $50,877.00
Gentry General Engineering,
Inc. T.E. Roberts, Inc.

City of Norco
Bid Results for Project Citation Drive Storm Drain Project (4214.32) Issued on 06/19/2024
Bid Due on July 18, 2024 12:00 PM (PDT)
Item Description Unit Qty
Line Totals (Unit Price * Quantity)
15 Remove Existing Asphalt and Base and Replace
4 inch AC over 6" Class II Base SF 122
16 Waterline Relocation EA 1
17 Trench Pavement Repair per City of Norco Std
155 LF 45
18 Trench Repair per detail 11 sheet 8 LF 175
19 Local Depression per RCFCD Std LD201 Case C EA 1
20 Grade to drain towards Catch Basin LS 1
21 Replace existing SOD in kind LS 1
22 Remove and Replace existing Vinyl Fence in kind LF 22 23 Remove existing wall LF 100
24 Unclassified Grading (Lump Sum) LS 1
25 Remove Existing 5' Chain Link Fence and
Replace in-kind LF 50
Unit Price Line Total Unit Price Line Total
Gentry General Engineering,
Inc. T.E. Roberts, Inc.
$33.00 $4,026.00 $90.00 $10,980.00
$33,000.00 $33,000.00 $31,253.00 $31,253.00
$265.00 $11,925.00 $262.00 $11,790.00
$74.00 $12,950.00 $229.00 $40,075.00
$1,900.00 $1,900.00 $6,563.00 $6,563.00
$6,500.00 $6,500.00 $7,051.00 $7,051.00
$3,300.00 $3,300.00 $4,176.00 $4,176.00
$300.00 $6,600.00 $373.00 $8,206.00
$180.00 $18,000.00 $206.00 $20,600.00
$32,000.00 $32,000.00 $14,102.00 $14,102.00
$192.00 $9,600.00 $228.00 $11,400.00
$607,101.00 $633,056.00
$607,101.00 $633,056.00

#5
' "A

Wesley Wright Secretary

Treesmith Enterprises
West Pacific Concrete
802705 1000001838
642816 1000880941
1551 N. Miller St, Anaheim
6453 FairfieldSt., Los Angeles
Item14
Item7-12,19
On Point Land Surveying LS8133 1000003100 1906 Orange Tree Lane #240, Redlands Item 1,3,4,5,13 0.02%

0.05%

0.09%

List of Completed Projects
Job # Project Name Description Date Completed Agency Agency Contact Contract Amount Percent Complete 50 Diamond Bar Community Center Slope Stabilization Project Install CIDH Piles, v-ditch, concrete slabs, curb, gutter, landscaping & irrigation 5/19/23 City of Diamond Bar. 21810 Copley Dr., Diamond Bar, CA 91765 Chris Malpica- (909) 839-7042 [email protected] $645,995.05 100%49 Dunlap Boulevard Bridge & Crossing
Replacement Project Crossing
Wilson Creek Channel- Phase 1
Excavation & Backfill, Install CIDH
Piles, precast girders, abutments,
wingwalls, casings & conduits
2/27/23
City of Yucaipa
34272 Yucaipa Blvd.,
Yucaipa, CA 92399
Landon Kern - (909) 797-2489
[email protected] $1,134,109.20 100%
48 Library Park Restroom
Demolition, excavation, concrete
foundation, sidewalk, water &
sewer lines & prefabricated
restroom
2/9/23
City of Monrovia.
321 S.Myrtle St.,
Monrovia, CA 91016
Christopher Castruita - (626) 256-8224
[email protected] $107,284.78 100%
47 Talbert Channel Storm Drain Repair Project Demolition, excavation, installation of RCP Pipe, concrete collar, rip rap & asphalt 8/29/22 City of Fountain Valley 10200 Slater Ave., Fountain Valley, CA 92708 Kyle Hilton- (714) 593-4516 [email protected] $95,600,.00 100%46 Springvale & Carlson Channel Rehabilitation Project Demolition of Damaged Concrete, Install of Reinforcing Steel & Shotcrete Channel 7/5/22 City of Poway 13325 Civic Center Drive Poway, CA 92064 Jeff Beers- (858) 668-4624 [email protected] $211,688.03 100%45 Paradise Creek Mitigation Project Grading of Channel, Install of PIP
Wall, Articulated Block, Rip Rap,
Access Pad, Headwall & Shotcrete
6/24/22
City of National City
1243 National City Boulevard
National City, CA 91950
Sean Gill- (951) 532-6483
[email protected] $887,309.54 100%
44 Pine Avenue Road Repair
Excavation & Grading of Channel,
Install of CMP Pipe, Concrete
Backfill & Rip Rap
3/16/22
City of Chino
13220 Central Avenue
Chino, CA 91710
Okan Demirci- (714) 319-6137
[email protected] $494,824.80 100%
43 Grossmont Reservoir Overflow Retrofit Project Install of PIP Retaining Wall, Brow Ditch, Conduit, Fencing Gates & Signs 1/19/22 Helix Water District 7811 University Avenue La Mesa, CA 91942 Chris McRae- (619) 667-6278 [email protected] $356,791.92 100%42 Lake Cuyamaca Outlet Channel Improvement Project Removal of Vegetation & Grading of Slope, Install of Rip Rap, Geogrid, Geotextile & Aggregate Road 1/5/22 Helix Water District 7811 University Avenue La Mesa, CA 91942 Aneld Anub- (619) 667-6273 [email protected] $215,310.00 100%41 Carlsbad State Beach Energy Dissipater Replacement Project Removal of Existing Energy Dissipater, Install of New Energy Dissipater & Rip Rap 12/8/21 City of Carlsbad 1635 Farady Avenue Carlsbad, CA 92009 Steve Didier- (760) 994-9485 [email protected] $86,602.64 100%40 Casa Romantica Parking Lot Improvements Install Storm Drain, BioClean Filter, Pavers, Sidewalk, Handrail, Asphalt, Landscaping, & Striping 4/23/21 Casa Romantica Cultural Center 415 Avenida Granada San Clemente, CA 92672 Amy Behrens-(949) 498-2139. [email protected] $645,124.57 100%39 Rathbun Creek Trail Phase 1BBridges Design & Installation Project
Install of Pedestrian Bridge ,
Sidewalk Landings, CIDH Piles,
Abutments & PIP Retaining Wall
2/8/21
City of Big Bear Lake
39707 Big Bear Boulevard
Sbig Bear Lake, CA 92315
Israel Gomez- (909) 866-5831
[email protected] $174,307.50 100%
38 Frost Avenue Drainage improvements Construct Curb Inlet w/ Local Depression, & Asphalt Slot Patch 11/17/20 City of Carlsbad 1635 Faraday Ave., Carlsbad, CA 92008 Graham Jordan-(760) 602-2462. [email protected] $53,556.25 100%37 RD 339 Yard Timber Retaining Wall
Replacement Off-Sys
(2018WOOLSEYFIRE)
Removal of Timber Wall, Install of
PIP Wall, Concrete Stairs, Handrail,
& AC Pavement
12/9/20
County of Los Angeles
900 S. Fremont Ave.,Alhambra, CA 91803
Andrew Choie-(626) 458-4975.

[email protected] $336,311.62 100%

Job # Project Name Description Date Completed Agency Agency Contact Contract Amount Percent Complete 36 Dyer Road Strom Drain Repair
Removl of Damaged CMP Pipe,
Install of new 24: RCP Pipe, Install of
Asphalt and Loop Detectors
10/23/20
City of Santa Ana
20 Civic Center Plaza,
Santa Ana, CA 92701
Victor So-(714) 647-5076
[email protected] $64,400.00 100%
35 San Marcos Boulevard Slope Stabilization Installation of 24" Piles, curb, gutter, sidewalk, asphalt, striping, lighting, waterworks, & striping 9/29/20 City of San Marcos 1 Civic Center Drive, San Marcos, CA 92069 Perryn White -(760) 759-0441 [email protected] $716,858.00 100%34 Mt. Rubidoux Park Stormwater,
Erosion Control, Trail and Site
Improvements
Install of Masonry Rock Retaining
Wall, Timber Steps, Post & Chain
Barrier, Faux Wood Handrail &
Swales
5/4/20
City of Riverside Parks & Rec.
6927 Magnolia Ave. 2nd Floor
Riverside, CA 92522
Alisa Sramala -(951)8262021
[email protected] $335,000.00 100%
33 Cliff Drive to High Drive Stairway Replacement Removal of old concrete staircase & installation of new concrete staircase, handrails & landscaping 2/28/20 City of Laguna Beach 505 S. Forest Ave Laguna Beach, CA 92651 Bob Koch -(949)412-6546 [email protected] $246,265.66 100%32 Pearl Street Beach Access Rehabilitation Removal of old concrete staircase & installation of new concrete staircase, handrails & landscaping 2/3/20 City of Laguna Beach 505 S. Forest Ave Laguna Beach, CA 92651 Tom Sandefur -(949)497-0339 [email protected] $1,020,000.00 100%31 Reche Rd at Live Oak Elementary
School & Potter Junior High School
Road Improvements
Installation of sidewalk, curb,
gutter, structures, RCP, AC, drainage
ditch, landscape, & irrigation
1/15/20
County of San Diego
5500 Overland Ave. Suite 310.

San Diego, CA 92123
Mike Moen (619)933-7242
[email protected] $1,050,340.75 100%
30 Tide Beach Park Slope Paving Removal Removal of Cracked and detiorated concrete slope paing 1/8/20 City of Solana Beach 635 S Coast Highway 101 Solana Beach, CA 92075 Dan Goldberg -(858)720-2474. [email protected] $41,980.00 100%29 RDO Drainage Upgrades- Casa De Amparo Construct 24" RCP Storm Drain, Transition Structure, & Inlet w/ local depression 12/18/19 City of Oceanside 300 North Coast Highway Oceanside, CA 92054 Victor Velasco -(760)435-5102 [email protected] $128,782.00 100%28 Pickleball Courts Install Concrete Pads for Basketball
& Pickleball Courts, Paint Courts,
Curb Ramps & Fencing
8/31/19
City of San Luis Obispo.
919 Palm Street
San Luis Obispo, CA 93401
Mark Williams- (805) 781-7057.
[email protected] $146,037.50 100%
27 SDWD 10-Inch Water Main Replacement Project Removal of existing 10" steel water main (in casing), installation of new 10" PVC water main 3/5/19 San Dieguito Water District 160 Calle Magdalena Encinitas, CA 92024 Blair Knoll - (760) 633-2793 [email protected] $78,607.67 100%26 Emergency Protection for Linda Lane Pump Station Phase IV Installation of additional reinforcements / bracing for existing retaining wall, North Side 1/10/19 City of San Clemente 910 Calle Negocio San Clemente, CA 92673 Greg Deist - (949) 337-3139 [email protected] $28,211.07 100%25 Meadowview Stream Restoration Stage 60 Streambank Restoration, Habitat Restoration, Filtrexx Compost Roll System Installation 11/5/18 Riverside County Flood Control District 1995 Market Street Riverside, CA 92501 David Garcia - (951) 315-0730 [email protected] $385,546.55 100%24 Detention Basin at Rancho Wash Construct concrete splitter structure, connect to existing CMP 9/6/18 City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Romeo David - (909) 774-4070 [email protected] $296,570.68 100%23 S. Palm Canyon Drive and La Plaza Safety Bollard Installation Installation of 22 pneumatic retractable bollards including monolithic footing, pavers 7/25/18 City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Mike Lytar - (760) 902-4861 [email protected] $222,368.68 100%22 Queda Way Retaining Wall Replacement Project Installation of a new retaining wall, CIDH Piles, timber lagging, concrete and asphalt work 7/10/18 City of Laguna Beach 505 S. Forest Ave Laguna Beach, CA 92651 Tri Nguyen - (949) 497-0741 [email protected] $209,021.62 100%

Job # Project Name Description Date Completed Agency Agency Contact Contract Amount Percent Complete 21 Emergency Protection for Linda Lane Pump Station Phase III Reinforcement to Existing retaining
wall, Installation of Drainage
Components, Steel Kicker
Installation
7/6/18
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Greg Deist - (949) 337-3139
[email protected] $82,589.71 100%
20 Citywide Drainage Improvements Project Parkway drains, small storm drain, Bioclean Inlet Structure 7/2/18 City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 David Sloan - (909) 839-7043 [email protected] $410,985.73 100%19 Malaga Park Project Construct a new park, install
concrete monument sign, landscape
& irrigation
5/3/18
City of Wildomar
23873 Clinton Keith Road
Wildomar, CA 92595
Cameron Luna - (951_ 677-7751 X 245
[email protected] $284,980.02 100%
18 Cambridge Ave / Edinburg Ave Alley Water Improvements Project Installation of a new 4" Water main, Abandon Existing water main, Re- connect resident service laterals 4/13/18 San Dieguito Water District 160 Calle Magdalena Encinitas, CA 92024 Blair Knoll - (760) 633-2793 [email protected] $142,694.34 100%17 Santee Lakes Generator Project Install a new 150 KW generator,
including gated enclosure, and
automatic transfer switch
2/28/18
Padre Dam Municipal Water District
9310 Fanita Parkway
Santee, CA 92071
Brian Hague - (619)258-4751
[email protected] $197,294.71 100%
16 Bolero Pressure Reducing Station
Vault Replacement and Design
Improvements Project
Remove existing waterworks vault,
Install new waterworks vault, install
new waterworks components
1/9/18
City of Carlsbad
1635 Faraday Ave
Carlsbad, CA 92008
Dallas Poore - (619) 804-8180
[email protected] $259,796.99 100%
15 Rathbun Creek Phase 1A Bridge Installation Installation of a pre-fabricated pedestrian bridge, concrete approach slabs, Site work 12/18/17 City of Big Bear Lake P.O. Box 10000 Big Bear Lake, CA 92315 Andrew Simmons -(909)-866-5831 [email protected] $114,542.30 100%14 Cress Street Wall and Sidewalk Improvements Soldier Pile Reinforcing Wall, Sidewalk Improvements, Atrium Drain System 11/15/17 City of Laguna Beach 505 S. Forest Ave Laguna Beach, CA 92651 Tom Sandefur - (949) 497-0339 [email protected] $400,138.00 100%13 MTD 1854 Corak Storm Drain Improvements Reinforced Concrete Pipe, Sidewalk and ADA Ramp Improvements, Structures 7/16/17 City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 David Lopez - (626) 960-4011 [email protected] $1,205,039.60 100%12 Laurel Ave Storm Drain Replacement Storm Drain and Catch Basin Installation 6/23/17 City of Manhattan Beach 1400 Highland Ave Manhattan Beach, CA 90266 Tim Birthisel (310) 802-5365 [email protected] $105,541.16 100%11 Cabot Road Bioswale Bioswale Installation, Drainage
Structure / Splitter structure
installation.
4/1/17
City of Laguna Hills
24035 El Toro Road
Laguna Hills, CA 92653
Ken Rosenfield (949) 707-2655
[email protected] $376,732.05 100%
10 Ray Stoyer WRF Concrete Repairs
Repair existing concrete influent
and effluent channels. Replace old
and damaged plumbing
4/1/17
Padre Dam Municipal Water District
9310 Fanita Parkway
Santee, CA 92071
Arne Sandvik - (909) 305-2947
[email protected] $431,281.73 100%
9 Emergency Protection for Linda Lane Pump Station Phase II Increase lagging size in existing soldier pile reinforcing wall 2/9/17 City of San Clemente 910 Calle Negocio San Clemente, CA 92673 Greg Deist - (949) 337-3139 [email protected] $73,399.43 100%8 Huntington Harbor Beaches Sand Replenishment Import 8,500 CY of sand from the lower Santa Ana River to various Huntington Harbor beaches 2/7/17 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Scott Smith - (714) 536-5287 [email protected] $453,864.00 100%7 Milligan drive Bridge Renovations Remove existing milligan drive bridge. Replace with pre-cast bridge 12/20/16 City of Laguna Beach 505 S. Forest Ave Laguna Beach, CA 92651 Tri Nguyen - (949) 497-0741 [email protected] $314,669.79 100%

Job # Project Name Description Date Completed Agency Agency Contact Contract Amount Percent Complete 6 North Beach Opportunistic Sand Replenishment Project Import 12,000 CY of sand to San Clemente's North Beach 12/9/16 City of San Clemente 910 Calle Negocio San Clemente, CA 92673 Aeryn Donnelly - (949) 361-8267 [email protected] $430,900.00 100%5 HWY 101 Storm Drain and Slope Repair Slope Restoration, Storm Drain, Road Repair, Runoff Mitigation, Work took place adjacent a coastal
lagoon
6/22/16
City of Encinitas
505 S. Vulcan Ave.

Encinitas, CA 92024
Nick Diele - (760) 633-2782
[email protected] $667,821.26 100%
4 Franklin Lift Station Wet Well Expansion Expansion of an existing wet well at a sewage pump station. Included a 24-hour bypass 6/3/16 City of La Verne 3660 "D" Street La Verne, CA 91750 Jerry Mesa - (909) 596-8749 [email protected] $613,429.27 100%3 Juanita Cooke Greenbelt Trail Construct pedestrian & horse trail, Landscape and Irrigation 5/9/16 City of Fullerton 303 W. Commonwealth Ave Fullerton, CA 92832 Paul Lubliner - (714) 738-6886 [email protected] $206,358.00 100%2 El Portal Beach Access Rehabilitation Project Demolish existing beach access stairs, Construct new beach access stairs & handrail 12/11/15 City of San Clemente 910 Calle Negocio San Clemente, CA 92673 Aeryn Donnelly - (949) 361-8267 [email protected] $850,104.00 100%1 Emergency Protection for Linda Lane Pump Station Phase 1 Install soldier pile wall at toe of slope to protect existing pump station 8/4/15 City of San Clemente 910 Calle Negocio San Clemente, CA 92673 Greg Deist - (949) 337-3139 [email protected] $107,000.00 100%

P-10

CITY OF NORCO

PROPOSAL BID SHEET
FOR

CITATION DRIVE STORM DRAIN PROJECT

ITEM QUANTITY UNIT

DESCRIPTION OF ITEMS

WITH UNIT PRICE WRITTEN

IN WORDS
UNIT

PRICE IN

FIGURES
TOTAL

1. 1 LS
Clearing and Grubbing,
Mobilization, NPDES/SWPPP
requirements, (Max 3% of total
base bid) at
Per LS

2. 1 LS
Traffic Control & Construction
Devices, at
Per LS
$ $

3. 70 LF
Furnish and Install 18” R.C.P.,
including Bedding & Backfill per
City of Norco STD. 155, at

Per
Linear Foot
$ $

4. 140 LF
Furnish and Install 24” R.C.P.,
including Bedding & Backfill per
City of Norco STD. 155, at

Per
Linear Foot
$ $

5. 27 LF
Furnish and Install 12” P.V.C.,
including Bedding & Backfill per
City of Norco STD. 155, at

Per
Linear Foot
$ $
Five Thousand Dollars and no
cents
5,000 5,000.00
Three Hundred Fifty Dollars
and zero cents
350 24,500.00
Three Hundred Eighty Five 385 53,900.00 Dollars and Zero Cents Five Hunded Seventy 575 15,525.00
Five Dollars and Zero Cents
and zero cents
10,225 $10,225.00
Ten Thousand Two Hundred
Twenty Five dollars

P-11

ITEM QUANTITY UNIT

DESCRIPTION OF ITEMS

WITH UNIT PRICE WRITTEN

IN WORDS
UNIT

PRICE IN

FIGURES
TOTAL

6. 2 EA
Construct 24” x 24” Brooks Box
Traffic Rated Catch Basin, at

Per Each
$ $

7. 1 EA
Construct 36” CMP Rise Inlet &
Concrete Ring per RCFCD Std
Dwg CB108 & Detail, at

Per Each
$ $

8. 1 EA
Furnish and Install Manhole No.
1 per RCFC & WCD STD.

DWG. MH251, at
Per Each
$ $

9. 1 EA
Construct Transition Structure
per RCFCD Std Dwg TS303, at

Per Each
$ $

10. 2 EA
Construct Junction Structure
No. 2 per RCFCD Std Dwg
JS227, at
Per Each
$ $

11. 1 EA
Construct Catch Basin No. 1 per
RCFCD Std Dwg CB100, at

Per Each
$ $

12. 100 LF
Construct Concrete Valley
Gutter, at
Per
Linear Foot
$ $
Three Thousand Five Hundred 3500 7,000.00
Dollars and zero cents
12,000 12,000.00
Twelve Thousand Dollars
and zero cents
15,000 15,000.00 Fifteen Thousand Dollars
and zero cents
Ten Thousand Dollars and 10,000 10,000.00
zero cents
9,000 18,000.00 Nine Thousand Dollars and
zero cents
Fifteen Thousand Dollars and 15,000 15,000.00
zero cents
200 20,000.00 Two Hundred Dollars
and zero cents

P-12

ITEM QUANTITY UNIT

DESCRIPTION OF ITEMS

WITH UNIT PRICE WRITTEN

IN WORDS
UNIT

PRICE IN

FIGURES
TOTAL

13. 30 LF
Construct Asphalt Concrete
Berm per CRPWD Std Dwg. No.
250, at
Per
Linear Foot
$ $

14. 9 EA
Remove and dispose of existing
tree, at
Per Each
$ $

15. 122 SF
Remove Existing Asphalt and
Base and Replace 4 inch AC
over 6” Class II Base, at

Per
Square Foot
$ $

16. 1 EA
6” CML&C Waterline Relocation,
at
Per Each
$ $

17. 45 LF
Trench Pavement Repair per
City of Norco Std 155, at
Per
Linear Foot
$ $

18. 175 LF
Trench Repair per detail 11
sheet 8, at
Per
Linear Foot
$ $

19. 1 EA
Local Depression per RCFCD
Std LD201 Case C, at

Per Each
$ $
250 7,500.00 Two Hundred Fifty
Dollars and zero cents
3,200 28,800.00 Three Thousand Two
Hundred dollars and
zero cents
300 Three Hundred Dollars and 36,600.00
zero cents
16,000 16,000.00 Sixteen Thousand Dollars and
zero cents
200 9,000.00
Two Hundred Dollars and
zero cents
50 8,750.00 Fifty Dollars and zero cents
Five Thousand Dollars and 5,000 5,000.00
zero cents

P-13

ITEM QUANTITY UNIT

DESCRIPTION OF ITEMS

WITH UNIT PRICE WRITTEN

IN WORDS
UNIT

PRICE IN

FIGURES
TOTAL

20. 1 LS
Grade to drain towards Catch
Basin, at
Lump
Sum
$ $

21. 1 LS
Replace existing SOD in kind, at

Lump
Sum
$ $

22. 22 LF
Remove and Replace existing
Vinyl Fence in kind, at
Per
Linear Foot
$ $

23. 100 LF
Remove existing wall, at

Per
Linear Foot
$ $

24. 1 LS
Unclassified Grading (Lump
Sum) at
Lump
Sump
$ $

25. 50 LF
Remove Existing 5’ Chain
Link Fence and Replace inkind at
______________________
________________ Per
Linear Foot
$ $
5,000 5,000.00 Five Thousand Dollars and
zero cents
2,500 2,500.00
Two Thousand Five
hundred dollars and zero cents
100 2,200.00
One Hundred Dollars and
zero cnts
125 12,500.00
One Hundred Twenty Five
dollars and zero cents
20,000 20,000.00 Twenty Thousand Dollars and
Zero Cents
100 5,000.00 One Hundred Dollars and
zero cents

P-14

BASE BID TOTAL AMOUNT
$

BASE BID TOTAL AMOUNT IN WORDS
Bidder’s 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.

Wright Construction Engineering Corp
760-599-3915 ext 102
365,000.00
Three Hundred Sixty Five Thousand Dollars and Zero Cents

3/11/24, 3:42 PM California Air Resources Board: Off-Road Diesel-Fueled Fleets Regulation https://ssl.arb.ca.gov/ssldoors/doors_reporting/perm/php/certificate.php 1/1 January 1, 2024

WRIGHT CONSTRUCTION
2/28/2025
240720
http://www.arb.ca.gov/doors/compliance_cert1.html

3/26/24, 1:34 PM ssl.arb.ca.gov/trucrs_reporting/cert14.php https://ssl.arb.ca.gov/trucrs_reporting/cert14.php 1/1 Page 101 of 246 CA-1

CITY OF NORCO

CITATION DRIVE STORM DRAIN PROJECT

AGREEMENT

1. Parties and Date.

This Agreement is made and entered into this 7th day of August, 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 Wright Construction Engineering Corp, a corporation with its principal place of business at 2625 S. Santa Fe Avenue, San Marcos, CA 92069 (hereinafter referred to as “Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. Recitals.

2.1 Contractor.

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

2.2 Project.

The City desires to engage the Contractor to render such services for the Citation Drive Storm Drain Project (“Project”) as set forth in this Agreement.

3. Terms.

3.1 Scope of Services and Term.

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

The Project is more particularly described in Exhibit A attached hereto and incorporated herein by reference. The Project shall be subject to, and performed in accordance with this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The terms of this Agreement shall begin at the Notice to Proceed and shall extend 45 working days. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Project shall be constructed by Contractor or under its supervision. Contractor will determine the means, methods and details of constructing the Project subject to the requirements of this

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Agreement. City retains Contractor on an independent contractor basis and not as an employee.

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

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

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

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

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

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

3.2.7 Standard of Care; Performance of Employees. Contractor shall construct the Project under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to construct the Project. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to construct the Project. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to construct the Project, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the

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Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to construct the Project in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any work on the Project.

3.2.7.1 Period of Performance and Liquidated Damages. Contractor shall perform and complete the Project under this Agreement within the term set forth in Section

3.1.2 above (“Term”). Contractor shall construct the Project in strict accordance with any timeframe provided herein, or which may be provided separately in writing to the Contractor.

Contractor agrees that if the Project is not completed within the aforementioned Term and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of $1000.00 per working day:

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

3.2.9 Insurance.

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

3.2.9.2 Minimum Requirements. Throughout the life of this Contract, Contractor shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than “A- VII” in Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by City Manager or his/her designee at any time and in his/her sole discretion. The following policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations,

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and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than the following:
$2,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $2,000,000 aggregate for products and completed operations $4,000,000 general aggregate
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which
shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non owned automobiles or other licensed vehicles (Code 1 Any Auto) with limits of liability of not less than $1,000,000 per accident for bodily injury and property damage. (iii) WORKERS’ COMPENSATION insurance as required under the California Labor Code.
(iv) EMPLOYERS’ LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee.
(v) BUILDERS RISK (Course of Construction) insurance in an amount equal to the completed value of the project with no coinsurance penalty provisions. (Only required if the project includes new construction of a building; or renovation of, or addition to, an existing building.)
(vi) CONTRACTORS POLLUTION LIABILITY (Unless waived in
writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is required for all environmental and water remediation work and for all work transporting fuel. Unless waived in writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is also required for demolition, renovation, HVAC, plumbing or electrical (including, without limitation, lighting) work on any structure built prior to the year 1990.) insurance with limits of liability of not less than the following:
$1,000,000 per occurrence or claim
$2,000,000 general aggregate per annual policy period
In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).

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

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

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

Contractor shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Contractor shall also be responsible for payment of any selfinsured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee in his/her sole discretion. At the option of the City Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees and agents; or (ii) Contractor shall provide a financial guarantee, satisfactory to the City Manager or his/her designee in his/her sole discretion, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or self-insured retentions.

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

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

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

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

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minimum of 5 years after completion of the work or termination of the Contract, whichever first occurs.
(iv) A copy of the claims reporting requirements must be submitted to City for review. (v) These requirements shall survive expiration or termination of the Contract.

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

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

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

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

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

3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In constructing the Project, the Contractor shall at

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

3.2.11 Bonds.

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

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

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

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

3.3 Fees and Payments.

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

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

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

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

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

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

3.4 Accounting Records.

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

3.5 General Provisions.

3.5.1 Termination of Agreement.

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

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

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

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

Contractor:

Wright Construction Engineering Corp
2625 S. Santa Fe Avenue
San Marcos, CA 92069
Attention: Wesley Wright - President
City:

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

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

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

3.5.5 Indemnification. To the furthest extent allowed by law, including California Civil Code section 2782, Contractor shall indemnify, hold harmless and defend City and its

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

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

This section shall survive termination or expiration of this Agreement.

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

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

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

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

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

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

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

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

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

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

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

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

Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

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

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3.6 Subcontracting.

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

Name of Contractor: Wright Construction Engineering
Corp
*By:
________________________________________________
Signature
________________________________________________
Wesley Wright - President
OWNER: CITY OF NORCO, a municipal corporation
*By:
________________________________________________
Kevin Bash, Mayor
ATTEST:
________________________________________________
Dana Roa, CMC, City Clerk
APPROVED AS TO FORM:
________________________________________________
Harper & Burns, LLP, City Attorney

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EXHIBIT A
Scope of Citation Drive Storm Drain Project
The general items of work to be done hereunder consist of approximately 200 linear feet of varying size Reinforced Concrete Pipe (18”-24”),12” PVC storm drain along with lateral pipes, manholes, and catch basins within the north end of Citation Drive and on private property.

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EXHIBIT B
Proposal Document

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

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

CITATION DRIVE STORM DRAIN PROJECT
The general items of work to be done hereunder consist of:

The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications, and Contract Documents for the above stated project. The general items of work to be done hereunder consist of approximately 200 linear feet of varying size Reinforced Concrete Pipe (18”-24”),12” PVC storm drain along with lateral pipes, manholes, and catch basins within the north end of Citation Drive and on private property.
(hereinafter referred to as the “Public Work”); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated ___________________, (hereinafter referred to as the “Contract”), which Contract is incorporated herein by this reference; and
WHEREAS, the Contractor is required by said Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof.

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

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

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

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

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

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

PRINCIPAL/CONTRACTOR:
_________________________________
By: ______________________________
SURETY:
_________________________________
By: ______________________________

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Attorney-in-Fact
The rate of premium on this bond is _________________________ per thousand.

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

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

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

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

STATE OF CALIFORNIA )
) ss.

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

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

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

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

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

CITATION DRIVESTORM DRAIN PROJECT
The general items of work to be done hereunder consist of:

The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications, and Contract Documents for the above stated project. The general items of work to be done hereunder consist of approximately 200 linear feet of varying size Reinforced Concrete Pipe (18”-24”),12” PVC storm drain along with lateral pipes, manholes, and catch basins within the north end of Citation Drive and on private property.
(hereinafter referred to as the “Contract”) and
WHEREAS, said Contractor is required to furnish a bond in connection with said Contract and pursuant to Section 3247 of the California Civil Code; NOW, THEREFORE, We, _______________________________________________, the undersigned Contractor, as Principal; and
__________________________________
______________________________________________________________________ _
a corporation organized and existing under the laws of the State of __________________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Norco and to any and all persons, companies, or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of ________________________________________________________________Dollars ($ _________________), said sum being not less than 100 percent of the total amount payable by the said Obligee under the terms of the said Contract, for which payment will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs, executors, administrators, successors, or assigns, or Subcontractors, shall fail to

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pay for any materials, provisions or other supplies, implements, machinery, or power used in, upon, for, or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of paid Contractor and his Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the Civil Code, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will insure to the benefit of any and all persons, companies, and corporations entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

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

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

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

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

PRINCIPAL/CONTRACTOR:
_____________________________________
By: __________________________________
SURETY:
_____________________________________
By: __________________________________

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

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

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

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

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

STATE OF CALIFORNIA )
) ss.

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

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

Signature (SEAL)
NOTE:

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

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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:

CITATION STORM DRAIN PROJECT
The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications, and Contract Documents for the above stated project. The general items of work to be done hereunder consist of approximately 200 linear feet of varying size Reinforced Concrete Pipe (18”-24”),12” PVC storm drain along with lateral pipes, manholes, and catch basins within the north end of Citation Drive and on private property.

B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:

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

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

3. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
(1) Insurance Services Office Form Number GL 0002 (Ed. 1/73), Comprehensive General Liability Insurance and Insurance Services Office form number GL 0404 Broad Form Comprehensive General

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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) 270-5678
A. POLICY INFORMATION Endorsement #_____________________

1. Insurance Company _____________________________________________ Policy Number _____________________

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

3. Named Insured________________________________________________

4. Address of Named Insured________________________________________

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

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

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

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

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by this policy shall: (a) be primary insurance as respects the City of Norco, its elected or appointed officers, officials, employees, consulting engineers or volunteers; or (b) stand in an unbroken chain of coverage excess of the Named Insured’s primary coverage. In either event, any other insurance maintained by the City of Norco, its elected or appointed officers, officials, employees or volunteers shall be in excess of this insurance and shall not contribute with it.

3. SCOPE OF COVERAGE. This policy, if primary, affords coverage to the Named Insured at least as broad as:
(1) Insurance Services Office form number CA 00001 (Ed. 1/78), Code 1 (“any auto”) and endorsement CA 0025.
(2) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding Section (1).

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

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

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

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

ATTN:
_____________________________________________________________________ (Title) (Department)
_____________________________________________________________________ (Company)
_____________________________________________________________________ (Street Address)
_____________________________________________________________________ (City) (State) (Zip Code)
____________________________________________________
(Telephone Number)
D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE

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

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

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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.

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

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CITY OF NORCO CITATION DRIVE STORM DRAIN VICINITY MAP NOT TO SCALE PROJECT SITE ABBREVIATIONS (450.00) / 450.00 INDICATES EXISTING / PROPOSED ELEVATION MAX MAXIMUM (1.0%) / 1.0% INDICATES EXISTING / PROPOSED SLOPE MIN MINIMUM AB AGGREGATE BASE O.C. ON CENTER AC ASPHALTIC CONCRETE PA PLANTING (LANDSCAPE) AREA AD AREA DRAIN PCC PORTLAND CEMENT CONCRETE BC BEGINNING OF CURVE PERF PERFORATED BW BACK OF WALK PIV POST INDICATOR VALVE CATV CABLE TELEVISION PL PROPERTY LINE CL CENTERLINE PSI POUNDS PER SQUARE INCH CLR CLEAR R RIDGE LINE CONC CONCRETE R/W RIGHT OF WAY DI DROP INLET RET. RETAINING EG EXISTING GROUND RIM RIM ELEVATION EP EDGE OF PAVEMENT ROW RIGHT OF WAY EX EXISTING RWL RAIN WATER LEADER FDC FIRE DEPARTMENT CONECTION S/W SIDEWALK FF FINISHED FLOOR SD STORM DRAIN FG FINISHED GRADE SDCB STORM DRAIN CATCH BASIN FH FIRE HYDRANT SDCO STORM DRAIN CLEAN OUT FL FLOWLINE SS SANITARY SEWER FS FINISHED SURFACE SSPWC STANDARD SPECIFICATIONS FOR G GUTTER PWC PUBLIC WORKS CONSTRUCTION GB GRADE BREAK TC TOP OF CURB GS GROUND SURFACE TF TOP OF FOOTING HP HIGH POINT TG TOP GRADE ICV IRRIGATION CONTROL VALVE TPL TOP PONDING LEVEL INV INVERT ELEVATION TR TOP OF RAMP IRR IRRIGATION TSL TOP OF SOIL LEVEL JB JUNCTION BOX TW TOP OF WALL LS LANDSCAPE TYP. TYPICAL LIP LIP OF GUTTER UTIL UTILITY LP LOW POINT W/ WITH LS LUMP SUM W WATER LINE NO. NUMBER BASIS OF BEARING THE COORDINATES SHOWN HEREON ARE BASED UPON THE CALIFORNIA COORDNIATE SYSTEM OF 1983, CCS83, ZONE 6, (2021.25) IN ACCORDANCE TO THE CALIFORNIA PUBLIC RESOURCES CODE SECTIONS 8801-8819; SAID COORDINATES ARE DETERMINED LOCALLY UPON FIELD-OBSERVED TIES TO THE FOLLOWING LEICA SMARTNET NORTH AMERICA (S.N.N.A.) CONTINUOUSLY OPERATING REFERENCE STATIONS (C.O.R.S.): S.N.N.A. CANC: NORTHING=2268575.29' EASTING=6160124.24'. S.N.N.A. CARV: NORTHING=2280695.94' EASTING=6207753.05'. CIVIL ENGINEER BUREAU VERITAS ARCHITECTURE & ENGINEERING RICHARD HENRIKSON PHONE - 949-680-2842 SHEET INDEX SHEET SHEET DESCRIPTION 1 TITLE SHEET 2 GENERAL NOTES 3 DEMOLITION PLAN 4 STORM DRAIN PLAN + PROFILE 5 STORM DRAIN PLAN + PROFILE 6 FLOWLINE PLAN 7 DETAIL SHEET 8 DETAIL SHEET 9 DETAIL SHEETBENCHMARK THE ELEVATIONS SHOWN HEREON ARE BASED UPON THE SMARTNET NORTH AMERICA C.O.R.S. CANC, ELEVATION 609.65 FEET (NAVD 88). SURVEYOR CAL VADA SURVEYING, INC. 411 JENKS CIR., SUITE 205, CORONA, CA 92880 ARMANDO D. DUPONT LICENSE NO. 7780 PHONE - 951-280-9960 15 WESTERN MUNICIPAL WATER DISTRICT STELLA CEBALLOS 14205 MERIDIAN PKWY RIVERSIDE, CA 92518 (951) 571-7265 CITY OF NORCO SAM NELSON 2870 CLARK AVENUE NORCO, CA 92860 (951) 270-5677 SOUTHERN CAL. GAS COMPANY KEVEN KUENNEN 251 E. FIRST ST BEAUMONT, CA 92223 (951) 845-0709 AT&T 870 N. McCARTHY BLVD ROOM 1-213 MILPITAS, CA 95035 (714) 666-5503 SOUTHERN CAL. EDISON (SCE) KIM GURULE 1444 E. McFADDEN AVENUE SANTA ANA, CA 92705 (714) 796-9932 NOTICE TO CONTRACTOR: 6/17/24

241536789101112131415161718192021123 6/17/24

S
PARCEL 1
PARCEL 2
PARCEL 3
123 6/17/24

10+00 10+50 11+00 11+50 PROFILE SCALE 1"=10' HORIZONTAL 1"=1' VERTICAL 672 670 668 666 664 672 670 668 666 664 9+50 12+00 241536789101718192021 Q100=29.58 CFS V100=11.64 FPS Q100=21.82 CFS V100=6.95 FPS Q100=0.51 CFS V100=0.29 FPS 131415 EXISTING GROUND LUG IN CONNECTION TO EXISTING 48" STORM DRAIN 663.42 IE 48" 664.42 IE 24" STA 11+30.29 +/- EXISTING SEWER CROSSING PER AS-BUILTS W.O. 72-274 SHEET 1 OF 1 EXISTING STORM DRAIN CROSSING. POTHOLE VERIFIED ELEVATION. EXISTING GAS SERVICE TO REMAIN. PROVIDE 6" MINIMUM SAND CUSHION BETWEEN BOTTOM OF GAS MAIN AND TOP OF STORM DRAIN PIPE. POTHOLE VERIFIED ELEVATION. EXISTING GROUND HGL 48" HGL= 666.75 PROPOSED MANHOLE 1 RIM 673.50 PROPOSED CMP RISER RIM 670.78 EXISTING 6" WATER CROSSING TO BE RELOCATED PROPOSED JUNCTION STRUCTURE PER DETAIL 7 SHEET 8 PARCEL 1 S PARCEL 2 PARCEL 3 EXIST 48 " RCP SD PL PROPOSED SD EASEMENT EXISTING 48" STORM DRAIN 663.84 IE 48" 664.75 IE 24" PL PL EXISTING IRRIGATION VALVES AND CAGE (PROTECT IN PLACE). 27' STORM DRAIN EASEMENT EXISTING LOW POINT (670.71 FS) EXISTING EASEMENT EXISTING SEWER CROSSING PL POTHOLE 1 MANHOLE 1 STA: 10+47.55 RIM: 673.50 664.84 IE 24" IN 664.74 24" OUT CATCH BASIN 1 STA 10+00.00 RIM: 670.00 667.00 IE OUT CATCH BASIN 2 STA: 10+00.00 RIM: 673.99 671.00 IE IN 670.00 IE OUT 4.80' OF 12" PVC PIPE @ -108.7% NOTE TO CONTRACTOR: PRIOR TO INSTALLATION OF SD INLET & V-GUTTER CONTRACTOR TO VERIFY POSITIVE DRAINAGE INTO SWALE FROM EASTERLY PROPERTY. NOTE TO CONTRACTOR: PRIOR TO INSTALLATION OF 36" CMP RISER, CITY ENGINEER TO CONFIRM RIM AND FLOW ELEVATION. RIM 670.78 IE 665.98 18" OUT FIELD VERIFY TOP OF GRATE ELEVATION WITH CITY ENGINEER PRIOR TO INSTALLATION Q100=0.58 CFS V100=2.72 FPS 6/17/24

PROFILE SCALE 1"=10' HORIZONTAL 1"=1' VERTICAL 672 670 668 666 664 672 670 668 666 664 9+50 10+00 10+50 11+00 715 Q100=0.59 CFS V100=3.48 FPS EXISTING GROUND EXISTING SEWER CROSSING. POTHOLE VERIFIED ELEVATION. EXISTING GROUND 670.65 FL 671.15 TC PROPOSED AC PAVEMENT PROPOSED FG 670.67 EG 670.84 FS PROPOSED GUTTER SPARCEL 1 PARCEL 2
PARCEL 3 LOT LINE PL ROW EXISTING LOW POINT (670.71) PROPOSED 20' AC BERM EXISTING GAS CROSSING POTHOLE 4 6/17/24

111216 PARCEL 1 S PARCEL 2 PARCEL 3 EXIST 48 " RCP SD PL PROPOSED SD EASEMENT ROW PL ROW 27' STORM DRAIN EASEMENT EXISTING EASEMENT 3' TRANSITION FROM 0" TO 6" BERM HEIGHT 3' TRANSITION FROM 0" TO 6" BERM HEIGHT 6/17/24

TRENCH BEDDING AND BACKFILL 1 SCALE: CATCH BASIN NO. 1 2 NONE SCALE: 24" X 24" CATCH BASIN 3 NONE SCALE: 36" CMP RISER INLET 4 NONE SCALE: NONE MANHOLE NO. 1 5 SCALE: ASPHALT CONCRETE BERM 6 NONE SCALE: NONE 6/17/24

JUNCTION STRUCTURE 7 SCALE: NONE P.C.C. SWALE NOTES: VALLEY GUTTER 8 SCALE: NONE 9 SCALE: NONE SECTION PLAN VIEW WATER RELOCATION NOTES WATERLINE RELOCATION DETAIL "C" (PROFILE) WATERLINE RELOCATION 10 SCALE: NONE TRENCH REPAIR AT LANDSCAPE AREA 11 SCALE: NONE TRANSITION STRUCTURE LOCAL DEPRESSION 12 SCALE: NONE 6/17/24

CONCRETE COLLAR 13 SCALE: NONE PROFILE PLAN 6/17/24

City Council

STAFF REPORT
Date: August 21, 2024 Agenda Item:

3.F.

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

Acceptance of the First Street Storm Drain Project as Complete RECOMMENDATION:

Accept the First Street Storm Drain Project as complete and authorize the City Clerk to file the Notice of Completion with the County of Riverside.

SUMMARY:

The First Street Storm Drain Project consisted of storm drain improvements on First Street between Valley View and Corona Avenue.

BACKGROUND:

On March 20, 2024 the City Council awarded a contract to Kirtley Construction, Inc. dba TK Construction in the amount of $563,848 and authorized the City Manager to approve contract change orders up to 10% for the First Street Storm Drain Project. The final contract amount paid to TK Construction was $565,167. The increase in the amount paid was primarily due to alignment changes due to unforeseen utility conflicts.

TK Construction has completed all the work required to the satisfaction of the City Engineer and a Notice of Completion has been prepared for recordation.

FISCAL IMPACT:

There is no fiscal impact for this item.

RELATIONSHIP TO STRATEGIC PLAN:

The approval of Notice of Completion is consistent with Strategic Direction #5 – Infrastructure and Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.

REVIEWED AND APPROVED BY:

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

City Council

STAFF REPORT
Date: August 21, 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 a 3-year contract for professional public works inspection services RECOMMENDATION:

Approve and award a 3-year contract to Z&K Consultants, Inc. to provide professional inspection services for the Public Works Department for fiscal year 2024-25 through 2026-27 in an amount not to exceed $550,000 annually.

SUMMARY:

Inspectors are a critical element in the oversight of capital improvement projects and general permits for work in the public right-of-way. The City utilizes contract inspection services for full-time inspection and for one-time project specific needs. The previous inspection services contract has expired, and Public Works would like to renew the inspection services provided by Z&K Consultants. Council is being asked to approve a 3-year professional services contract with Z&K Consultants, Inc. to provide staffing for public works inspection services.

BACKGROUND:

The Public Works Department has been using one full-time contract inspector from Willdan and Z&K Consultants for public works related capital projects and for daily encroachment permit services. Public Works recently became aware the current inspection agreements have expired and inquired with both vendors for updated costs proposals for the next three years. Willdan and the City were unable to come to an agreement for an acceptable hourly rate and therefore stopped using Willdan's inspectors on August 16th. Z&K Consultants was able to provide a reasonable increase of 3% to prior years rate and 3% annually for the term of the agreement (see attached proposal). Public Works has determined Z&K Consultants, Inc. is able to provide an additional qualified inspector immediately to replace the Willdan inspector.

FISCAL IMPACT:

The cost to fund two contract inspectors is already budgeted in the Public Works Operations Budget and as part of each project listed in the Public Works Capital Improvement Projects Budget. Staff estimates at least 50% of the annual cost for inspection will be funded through capital projects.

RELATIONSHIP TO STRATEGIC PLAN:

Approval of the inspection services contract is consistent with Strategic Plan Goals No. 2 - Human Capital: Build a sustainable workforce to meet the needs of all stakeholders and 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, LLP, City Attorney ATTACHMENT(S):

Z&K Labor Rate Schedule
Z&K Contract 2024

LABOR RATE SCHEDULE
August 2, 2024
Chad Blais, Director of Public Works
City of Norco, Public Works Department
1281 Fifth St, Norco, CA 92860
Subject: Public Works Inspection Services Rate Sheet
Dear Mr. Blais,
Z&K Consultants, Inc. based our current rate sheet. We understand that this is a Public Works Project subject to Labor Code requirements including, but not limited to, the payment of prevailing wages and registration of the contract with DIR. All prevailing wage requirements will be followed by the team. All team members are in conformance with the State of California Labor compliance requirements.

Below is a table with the hourly rate schedule and not to exceed fee. This offer shall remain firm for 90 days from the Request for Letter Proposals close date. The payment terms shall be net thirty (30) days.

A – Z&K Consultants, Inc. Hourly Rates:
- Senior Construction Inspector – Michael Sanchez (FY24/25)....................................................... $125.66 - Senior Construction Inspector – Michael Sanchez (FY25/26)....................................................... $129.43 - Senior Construction Inspector – Michael Sanchez (FY26/27)....................................................... $133.31 The above includes a 3% escalation rate each fiscal year. Hourly Rates are fully burdened, including all overhead and profit. All subconsultants will be bound to the final terms and conditions of the prime agreement. Overtime rates are billed at 1.5x the regular rate and double time rates are 2x the regular rates.

Z&K Consultants commits that all assigned personnel will not be removed or replaced without prior City approval.

Key personnel will be available to the extent proposed for the duration of the contract. Our proposed and fully committed team is fully capable and exceptionally qualified. All insurance will be in force at time of contract execution.

I will serve as the contact person for the full duration on the contract and I am authorized to bind the firm to the terms of the proposal. By signing below, I attest that all information submitted is true and accurate. This proposal shall remain valid for a period of not less than 90 days from the date of submittal. The payment terms shall be net thirty (30) days. We are excited about this opportunity to serve the City and are committed to the successful completion the City’s important project.

Sincerely,
Crystal Fraire, PE | President
Z&K Consultants Inc.
17130 Van Buren Blvd, Suite 122, Riverside, CA 92504
951.310.7470 | [email protected]

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CONTRACT AGREEMENT

CITY OF NORCO

PROFESSIONAL PUBLIC WORKS INSPECTION SERVICES

1. Parties and Date.

This Agreement is made and entered into this 21st day of August, 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 Z&K Consultants, Inc., a corporation with its principal place of business at 22295 Jessamine Way, Corona, CA 92883 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. Recitals.

2.1 Consultant.

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

2.2 Project.

The City desires to engage the Consultant to render such professional inspection services for Public Works Projects (“Projects”) as set forth in this Agreement.

3. Terms.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional inspection services necessary for each Project. The minimum level of inspection services required is more particularly described in Exhibit A attached hereto and incorporated herein by reference and supplemented with the proposal submitted by the Consultant. The Inspection 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 begin July 1, 2024 through June 30, 2027. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

3.2.1 Control and Payment of Subordinates; Independent Consultant. The Projects shall be inspected by Consultant. Consultant will determine the means, methods and details of inspecting the Projects subject to the requirements of this Agreement. City retains Consultant on an independent Consultant basis and not as an employee. Any additional personnel inspecting the Projects under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with the inspection of the Projects 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 Projects timeframe set forth herein. Consultant represents that it has the professional and technical personnel required to inspect the Projects in conformance with such conditions.

In order to facilitate Consultant’s conformance with the Projects timeframe, City shall respond to Consultant’s Requests for Information in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Projects 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 Crystal Fraire – President 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 Projects, 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 Projects under this Agreement.

3.2.6 Coordination of Projects. Consultant agrees to work closely with City

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

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

3.2.8.1 Employment Eligibility; Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant. Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the Term of the Agreement. Consultant shall avoid any violation of any such law during the Term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States

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Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.8 or any of its sub-sections.

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

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

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

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

3.2.8.6 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and

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CARB to include any item of equipment with a fuel-powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.2.9 Insurance.

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

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

(iv) EMPLOYERS’ LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each

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employee.
(v) PROFESSIONAL LIABILITY Professional Liability (Errors and Omissions) insurance appropriate to Consultant’s profession, with limits of liability of $2,000,000 per claim/occurrence and $2,000,000 policy aggregate.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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or anyone employed directly or indirectly by any of them.

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

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

3.3 Fees and Payments.

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

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

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

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Projects, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra

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Work without written authorization from City’s Representative.

3.4 Accounting Records.

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

3.5 Ownership of Materials and Confidentiality

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

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

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

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

3.6 General Provisions.

3.6.1 Termination of Agreement.

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

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

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

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

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

Consultant:

Z&K Consultants, Inc.
22295 Jessamine Way
Corona, CA 92883
Attention: Crystal Fraire – President
City:

City of Norco
2870 Clark Avenue
Norco, CA 92860
Attention: Director of Public Works

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

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

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

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

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

This section shall survive termination or expiration of this Agreement.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3.7 Subcontracting.

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

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NAME OF CONSULTANT: Z&K Consultants, Inc.
*By:
_________________________
Crystal Fraire – President
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST BE NOTARIZED.

Attach Certificate of Notary Acknowledgement
OWNER: CITY OF NORCO, a municipal corporation
*By:
________________________________________________
Kevin Bash, Mayor
ATTEST:
________________________________________________
Dana Roa, CMC, City Clerk
APPROVED AS TO FORM:
________________________________________________
Colin Burns, City Attorney

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EXHIBIT A
Scope of Services
The Inspector shall be able to operate independently multiple projects within the City and duties as assigned by the City Engineer and/or Project Manager. The Inspector will work under the direction of the Public Works Director or their designee. Provide inspection of public works improvement projects before, during and/or after construction to insure conformance with Federal, State and City statutes, regulations, ordinances, guidelines, applicable standards, specifications, plans, laws and accepted standard construction practices. This includes, but is not limited to inspections, diaries, records, reports and documentation, the presentation, both oral and in writing, of such inspections, observations, reports and documents to City as required. The keeping of proper inspection records and reports, photographs and videos, including but not limited to, all load tickets, weight tickets, certifications of compliance, submittals, shop drawings, materials reports, daily reports and other related documents received. On a daily basis deliver documents to the City when generated, prepared or received. Daily Reports shall be kept on the City’s computer system as a digital copy. Attend any meetings that the City deems necessary.

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

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EXHIBIT B

Z&K RATE SCHEDULE

LABOR RATE SCHEDULE
August 2, 2024
Chad Blais, Director of Public Works
City of Norco, Public Works Department
1281 Fifth St, Norco, CA 92860
Subject: Public Works Inspection Services Rate Sheet
Dear Mr. Blais,
Z&K Consultants, Inc. based our current rate sheet. We understand that this is a Public Works Project subject to Labor Code requirements including, but not limited to, the payment of prevailing wages and registration of the contract with DIR. All prevailing wage requirements will be followed by the team. All team members are in conformance with the State of California Labor compliance requirements.

Below is a table with the hourly rate schedule and not to exceed fee. This offer shall remain firm for 90 days from the Request for Letter Proposals close date. The payment terms shall be net thirty (30) days.

A – Z&K Consultants, Inc. Hourly Rates:
- Senior Construction Inspector – Michael Sanchez (FY24/25)....................................................... $125.66 - Senior Construction Inspector – Michael Sanchez (FY25/26)....................................................... $129.43 - Senior Construction Inspector – Michael Sanchez (FY26/27)....................................................... $133.31 The above includes a 3% escalation rate each fiscal year. Hourly Rates are fully burdened, including all overhead and profit. All subconsultants will be bound to the final terms and conditions of the prime agreement. Overtime rates are billed at 1.5x the regular rate and double time rates are 2x the regular rates.

Z&K Consultants commits that all assigned personnel will not be removed or replaced without prior City approval.

Key personnel will be available to the extent proposed for the duration of the contract. Our proposed and fully committed team is fully capable and exceptionally qualified. All insurance will be in force at time of contract execution.

I will serve as the contact person for the full duration on the contract and I am authorized to bind the firm to the terms of the proposal. By signing below, I attest that all information submitted is true and accurate. This proposal shall remain valid for a period of not less than 90 days from the date of submittal. The payment terms shall be net thirty (30) days. We are excited about this opportunity to serve the City and are committed to the successful completion the City’s important project.

Sincerely,
Crystal Fraire, PE | President
Z&K Consultants Inc.
17130 Van Buren Blvd, Suite 122, Riverside, CA 92504
951.310.7470 | [email protected]