Agenda — Norco City Council, November 6, 2024 (part 2 of 2)

City of Norco
Bid Results for Project Grulla Lift Station Replacement Project (4807.9) Issued on 08/29/2024Bid Due on September 30, 2024 12:00 PM (PDT)Exported on 10/01/2024 Line Totals (Unit Price * Quantity)
Item Description Unit Qty
118
Demolition of existing lift station facilities, including:
removal and disposal of existing packaged lift
station, service panel, disconnect switch, and 60 LF
of trail fencing; installation of 50 feet of trial fencing; and abandoning existing force main and sewer in‐
place; and all related work, at ______Per LS L.S. 1
119
Provide and deliver to the site one(1) portable
generator in accordance with Specification Section
11255, and all related work, at ______________Per
LS L.S. 1
201
Mobilization and demobilization, at _________ Per
Lump Sum (maximum of 1.5% of the Total Bid
Amount) L.S. 1
202
Construction Control Plan and Construction Devices
(including Engineered Traffic Control Plan) in the
public right‐of‐way on Grulla Court, at _________
Per Lump Sum L.S. 1
203
Water Pollution Control Compliance at the project
site in the public right‐of‐way on Grulla Court, at
_________Per LS L.S. 1
204
Construct 48" RCP Storm Drain at
_______________
Per Linear Foot LF 163
Unit Price Line Total Unit Price Line Total Unit Price Line Total Metro Builders & Engineers Canyon Springs Enterprises Norstar Plumbing & $52,283.00 $52,283.00 $130,000.00 $130,000.00 $152,000.00 $152,000.00$90,878.00 $90,878.00 $105,000.00 $105,000.00 $92,000.00 $92,000.00$35,137.00 $35,137.00 $20,000.00 $20,000.00 $20,000.00 $20,000.00$63,246.00 $63,246.00 $20,000.00 $20,000.00 $30,000.00 $30,000.00$14,757.00 $14,757.00 $15,000.00 $15,000.00 $20,000.00 $20,000.00 $1,648.00 $268,624.00 $960.00 $156,480.00 $580.00 $94,540.00

Page 146 of 348 ends

City of Norco
Bid Results for Project Grulla Lift Station Replacement Project (4807.9) Issued on 08/29/2024Bid Due on September 30, 2024 12:00 PM (PDT)Exported on 10/01/2024 Line Totals (Unit Price * Quantity)
Item Description Unit Qty
205
Construct 53"x34" Elliptical (42" round) RCP Storm
Drain (Span in Vertical Position) at _______ Per
Linear Foot LF 54
206
Construct 30" RCP Storm Drain at
________
Per
Linear Foot LF 34
207
Construct 24" 10 Gauge CMP Storm Drain at
__________Per Linear Foot S LF 16
208
Construct Trench Repair per City Standard Drawing
No. 155 Modified per Detail "B" on Storm Drain
Drawings Sheet 2 at _______ Per Square Foot SF 795
209
Construct Trench Repair per City Standard Drawing
No. 155 Modified per Detail "B" on Storm Drain
Drawings Sheet 2 (Modified with Trench Backfill to
Prep Surface (No A.C. Base Removal)) at
___________
Per Square Foot SF 920
210
Construct Manhole No. 2 per RCFC&WCD Std Plan
MH252 (A=N/A B=N/A D1=48" D2=53"x34" ‐ Elliptical
Pipe T=8" L=7.10') at ________ Per Each EA 1
211
Construct Manhole No. 2 per RCFC&WCD Std Plan
MH252 (A=N/A B=N/A D1=53"x34" ‐ Elliptical PipeD2=48" T=8" L=7.10') at ______ Per Each EA 1 Unit Price Line Total Unit Price Line Total Unit Price Line Total Metro Builders & Engineers Canyon Springs Enterprises Norstar Plumbing & $1,863.00 $100,602.00 $1,800.00 $97,200.00 $805.00 $43,470.00$1,317.00 $44,778.00 $900.00 $30,600.00 $750.00 $25,500.00 $984.00 $15,744.00 $900.00 $14,400.00 $730.00 $11,680.00 $28.00 $22,260.00 $65.00 $51,675.00 $75.00 $59,625.00$23.00 $21,160.00 $60.00 $55,200.00 $78.00 $71,760.00 $47,201.00 $47,201.00 $35,000.00 $35,000.00 $28,000.00 $28,000.00$39,443.00 $39,443.00 $40,000.00 $40,000.00 $31,000.00 $31,000.00

Page 147 of 348 ends

City of Norco
Bid Results for Project Grulla Lift Station Replacement Project (4807.9) Issued on 08/29/2024Bid Due on September 30, 2024 12:00 PM (PDT)Exported on 10/01/2024 Line Totals (Unit Price * Quantity)
Item Description Unit Qty
212
Construct Catch Basin No. 6 per RCFC&WCD Std Plan
CB102 (W=11' V=8.42') special connection to CB per
RCFC&WCD Std. Plan CB109 at
__________________
Per Each EA 1
213
Construct Catch Basin No. 6 per RCFC&WCD Std Plan
CB102 (W=7' V=5.25') with special connection to CB
per RCFC&WCD Std. Plan CB109 at ________Per
Each EA 1
214
Construct Brick and Mortar Bulkhead at
_____________
Per Each EA 1
215
Construct 5' Sewer Manhole per City Std. Plan No.
515 at
________
Per Each EA 1
216
Construct 8" VCP Sewer in Trench Bedding per City
Standard Drawing No. 155 Modified per Detail "B" on
Storm Drain Drawings Sheet 1 at _________Per
Linear Foot LF 20
217
Construct Concrete Collar per RCFC&WCD per Std.

Plan No. M803 at
_________
Per Each EA 4
218
Construct Sanitary Sewer Protection per RCFC&WCD
per Std. Plan No. M807 at ____ Per Each EA 1
219
Construct Energy Dissipator per SSPWC Std. 384‐3,
D=48", L=16', W=12', Conc. Mix. 560‐C‐3,250, and
F'y=60 KSI at ____________ Per Each EA 1
Unit Price Line Total Unit Price Line Total Unit Price Line Total Metro Builders & Engineers Canyon Springs Enterprises Norstar Plumbing & $40,077.00 $40,077.00 $35,000.00 $35,000.00 $28,000.00 $28,000.00$18,587.00 $18,587.00 $30,000.00 $30,000.00 $28,000.00 $28,000.00$12,734.00 $12,734.00 $13,000.00 $13,000.00 $4,500.00 $4,500.00$28,109.00 $28,109.00 $35,000.00 $35,000.00 $27,500.00 $27,500.00 $1,054.00 $21,080.00 $1,600.00 $32,000.00 $2,250.00 $45,000.00$7,730.00 $30,920.00 $2,000.00 $8,000.00 $18,500.00 $74,000.00 $17,568.00 $17,568.00 $27,000.00 $27,000.00 $38,000.00 $38,000.00$42,832.00 $42,832.00 $140,000.00 $140,000.00 $275,000.00 $275,000.00

Page 148 of 348 ends

City of Norco
Bid Results for Project Grulla Lift Station Replacement Project (4807.9) Issued on 08/29/2024Bid Due on September 30, 2024 12:00 PM (PDT)Exported on 10/01/2024 Line Totals (Unit Price * Quantity)
Item Description Unit Qty
220
Construct Rip Rap Energy Dissipator Type 2 per
SDRSD Dwg. No. D‐40, 2‐ton Rip Rap Stone at
______
Per Cubic Yard CY 30
221
Construct Local Depression No.3 per RCFC&WCD Std.

Plan No. LD202 at __________Per Each EA 2
222
Remove and Dispose Existing Catch Basin at
___________Per Each EA 1
223
Remove and Replace Chain Link Fence at
_____________Per Linear Foot LF 21
224
Remove and Dispose Existing 8" VCP Sewer at
______________
Per Linear Foot LF 25
225
Remove Existing 36" CMP Storm Drain at
__________
Per Linear Foot LF 165
226
Remove Existing 31" Fiberglass (Hobas Pipe) at
_______Per Linear Foot LF 36
227
Remove Existing Storm Drain Manhole at
_____________
Per Each EA 1
228
Remove Existing Concrete Headwall at
________________
Per Each EA 1
229
Remove Existing 16" RCP Storm Drain at
_________
Per Linear Foot LF 23
230
Remove Existing 24" RCP Storm Drain at
___________
Per Linear Foot LF 91
Unit Price Line Total Unit Price Line Total Unit Price Line Total Metro Builders & Engineers Canyon Springs Enterprises Norstar Plumbing & $1,054.00 $31,620.00 $1,000.00 $30,000.00 $950.00 $28,500.00$2,586.00 $5,172.00 $9,000.00 $18,000.00 $6,500.00 $13,000.00 $14,701.00 $14,701.00 $20,000.00 $20,000.00 $19,500.00 $19,500.00 $675.00 $14,175.00 $600.00 $12,600.00 $1,050.00 $22,050.00$703.00 $17,575.00 $900.00 $22,500.00 $950.00 $23,750.00$984.00 $162,360.00 $200.00 $33,000.00 $163.00 $26,895.00$984.00 $35,424.00 $550.00 $19,800.00 $278.00 $10,008.00 $34,645.00 $34,645.00 $15,000.00 $15,000.00 $7,500.00 $7,500.00 $7,027.00 $7,027.00 $20,000.00 $20,000.00 $13,000.00 $13,000.00 $703.00 $16,169.00 $600.00 $13,800.00 $750.00 $17,250.00$632.00 $57,512.00 $400.00 $36,400.00 $205.00 $18,655.00

Page 149 of 348 ends

City of Norco
Bid Results for Project Grulla Lift Station Replacement Project (4807.9) Issued on 08/29/2024Bid Due on September 30, 2024 12:00 PM (PDT)Exported on 10/01/2024 Line Totals (Unit Price * Quantity)
Item Description Unit Qty
231
Remove Existing 24" CMP. Storm Drain at ______
Per Linear Foot LF 16
232
Remove Existing Concrete Collar at _______ Per
Each EA 1
Subtotal 101‐119Subtotal 201‐232
Total
Unit Price Line Total Unit Price Line Total Unit Price Line Total Metro Builders & Engineers Canyon Springs Enterprises Norstar Plumbing & $773.00 $12,368.00 $350.00 $5,600.00 $500.00 $8,000.00
$6,212.00 $6,212.00 $2,000.00 $2,000.00 $12,000.00 $12,000.00 $2,436,815.00 $2,690,500.00 $2,938,200.00$1,299,819.00 $1,104,255.00 $1,175,683.00$3,736,634.00 $3,794,755.00 $4,113,883.00

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NON-COLLUSION AFFIDAVIT

STATE OF CALIFORNIA

COUNTY OF
Sepehr Sharifi
)
)SS
)
, being first duly sworn deposes and says that
he is CEO
(Sole
Owner, Partner, President, etc.) of Big Ben lnc. the party making the foregoing bid; that such bid is not made in the interest of or behalf of any undisclosed person, partnership, company, association, organization, or corporation, that such bid is genuine and not collusive or sham, that said BIDDER has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or that anyone shall refrain from bidding, that said BIDDER has not in any manner, directly or indirectly sought by agreements, communication, or conference with anyone to fix the bid price of said BIDDER or of any other bidder, or to fix the overhead, profit, or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the Contract or anyone interested in the proposed Contract; that all statements contained in such bid are true, and further, that said BIDDER has not, directly or indirectly submitted his bid price, or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in con on, organization, bid depository, or to any member or persons as have a partnership financial interest with said BIDDER in his general business.

Signed
CEO
Title
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.

Subscribed and sworn (or affirmed) me tnis 4aq or yfe{tenbet-,::Kri!" ry evidence to be person(p) who appeared before me.
couNrY or /rayge
basis of

JEONGMIN SUH
'
CoNur,fl VUlvllTl,tt 2359046 aJJJU.lU )r^
NoTARY PUELrc.cALrronun Ul
0RANGE CoullrY
lYlY Com,r ExP. tini 26, 2025 f
Signature:

P-9

Page 163 of 348 ends

CITY OF NORCO ,
PROPOSAI. BID SHEET
FOR

GRULLA LIFT STATION REPLACEMENT PROJECT
BID SCHEDULE I . GRULLA LIFT STATION REPLACEMENT
DESCRIPTION OF ITEMS WITH UNIT ITEM QUANTITY UN!T UNIT PRICE

WRITTEN IN WORDS

PRICE IN TOTAL

FIGURES
Mobilization and
at
101 LS Per Lump Sum $ ro,ooo$ . o, ooo
(maximum of 1.5% of the Total
Bid Amount)
102
Construction Control Plan and
Construction Devices (including
Engineered Traffic Control Plan)
in the public righhof-way on LS so;too$ 5-',6 o o
Per Lump Sum
103 LS
Water Pollution Control
Compliance at the project site in
the public right-of-way on Grulla
Per Lump Sum
rrl yuo $
+ | oo
Furnish trench protection
(shoring or sloping) in
accordance with Ca|/OSHA
Standards for all trenches
greater than 5' in depth as
Per Lump Sum
104 LS
P-10
$'t4rouos
and all related work, at tl,ooo

Page 164 of 348 ends

CITY OF NORCO

PROPOSAL BID SHEET
FOR

GRULLA LIFT STATION REPLACEMENT PROJECT
BID SCHEDULE I . GRULLA LIFT STATION REPLACEMENT

DESCRIPTION OF ITEMS WITH UNIT ITEM QUANTITY UNIT UNIT PRICE PRICE IN TOTAL

WRITTEN IN WORDS FIGURES
105
Construct wet well including
cast-in-place concrete bottom,
elliptical RCPP shaft, and pre-cast top with hatch, coating, and LS +i:!?t"dyork,at t - .J- $.q6.100$216.q00
1 ttltn--4*-n, I o \.rt n,,- l")t"" )
Per Lump Sum
106
107
Construct approximately 40 LF of
8" VCP sewer from the existing
wet well to the new wet well,
including one (1) manhole,
LS modifying the existing manhole, $
and all related work, at W-"'= (r
Per Lump Sum
, ^ backflow prevention device, and Ls all related work, at h ,$ zl OOO $ I,ryua at r -( - t)vvv
Per Lump Sum
?6)0oo 6,ooo
I
I
I
I
7 7 00 0
$r
P-11
Constructl potable water service,
including connection to water
main, piping, meter, meter bcix,

Page 165 of 348 ends

CITY OF NORCO

PROPOSAL BID SHEET
FOR

GRULLA LIFT STATION REPLACEMENT PROJECT
BID SCHEDULE I . GRULLA LIFT STATION REPLACEMENT

DESCRIPTION OF ITEMS WITH ITEM QUANTITY UNIT UNIT PRICE

WRITTEN IN WORDS
UNIT

PRICE IN TOTAL

FIGURES
108 LS
Furnish and install submersible
pumping units, including base
elbow, guiderails, supports, lifting
chain, and all related equipment
an{ work, at
,cl r7 r,-.0 .'{c (
Per Lump Sum
$(trooo $ 6 tlooo
109 LS
Construct 4" Dl and stainless
stee! discharge piping and 4" Dl
force main, including pipe,
fittings, valves, magnetic flow
meter, supports, connection to
existing force main with flange
adapter, and all related ''roto
$ z9 z )oo o
$z
Furnish and install all other
mechanical equipment,
including, but not limited to, air
entrainment system and davit 110 LS crane, and all related work, at <.' d! ^' " e4 p-rra, ,1.

C cAa''
rnr,u0,og 6 r,ooo
Per Lump Sum
P-12

Page 166 of 348 ends

CITY OF NORCO

PROPOSAL BID SHEET
FOR

GRULLA LIFT STATION REPLACEMENT PROJEGT
BID SCHEDULE I . GRULLA LIFT STATION REPLACEMENT
DESCRIPTION OF ITEMS WITH ITEM QUANTITY UNIT UN|T PRICE

WRITTEN IN WORDS
UNIT

PRICE IN TOTAL

FIGURES
111 LS
Perform electrical work, including
furnishing and installing motor
control center (MCC), electrical
enclosures, lighting, RTU
antenna, instrumentation,
conduit, conductors, pull boxes,
junction boxes, and all related
l, -!rn"",
Per Lump Sum
g L/)7,eoo $ q97, o o-o
112 LS
Upgrade electrical service per
Approved SCE Service plan,
including providing temporary
power to the existing Station
facilities for facilities change-Per Lump Sum
g?r7,ooo $ &7ro') o
Remove City's RTU panelfrom
the existing onsite enclosure and
relocate to new Motor Control
Center (MCC), and all related 113 LS g,)[,o.o g36,,"o
Per Lump Sum
P-13
at
, and work, at

Page 167 of 348 ends

CITY OF NORCO

PROPOSAL BID SHEET
FOR

GRULLA LIFT STATION REPLACEMENT PROJECT
BID SCHEDULE I . GRULLA LIFT STATION REPLACEMENT

DESCRIPTION OF ITEMS WITH ITEM QUANTITY UNIT UNIT PRICE

WRITTEN IN WORDS
UNIT
PRICE !N TOTAL

FIGURES
114 1 LS
Perform site work, including fine
grading, masonry walls
(including retaining walls),
concrete slabs, crushed rock,
concrete curb and gutter, street $
repair, and all related work, at lSSrooo$ (9loo
Coat and paint all exposed
ferrous metal, including piping,
valves, suppot'ts, etc., and all
115 LS ',900$ LLfoo related work, at
Furnish and install tubular steel
116
fencing with rolling gate, swing
gates, and all related work, at LS rrarLoo tztzoo
P-14
Sum

Page 168 of 348 ends

CITY OF NORCO

PROPOSAL BID SHEET
FOR

GRULLA LIFT STATION REPLACEMENT PROJECT

BID SCHEDULE I - GRULLA LIFT STATION REPLACEMENT

DESCRIPTION OF ITEMS WITH

ITEM QUANTITY UNIT UNIT PRICE

WRITTEN IN WORDS
UNIT

PRICE IN TOTAL

FIGURES
117 1 LS
Testing, startup, and
commissioning, including
providing all required temporary
and testing equipment for
calibration/testing and
changeover to new facilities, and
all related work, at
$
t1)00o
$
t 2,00 0
Per Lump Sum
118 LS
Demolition of existing lift station
facilities, including: removal and
disposal of existing packaged lift
station, service panel, disconnect
switch, and 60 LF of trail fencing;
installation of 50 feet of trial
fencing; and abandoning existing
force main and sewer in-place;
Per Lump Sum
$$
1 ts 7,000 I 07to 0 0
P-15

Page 169 of 348 ends

CITY OF NORCO

PROPOSAL BID SHEET
FOR

GRULLA LIFT STATION REPLACEMENT PROJECT
BID SCHEDULE I . GRULLA LIFT STATTON REPLACEMENT

DESGRIPTION OF ITEMS WITH UNIT ITEM QUANTITY UNIT UNIT PRICE

WRITTEN IN WORDS

PRICE IN TOTAL

FIGURES
119 1 LS
Provide and deliver to the site
one (1) portable generator in
accordance with Specification
Section 11255, and all related
Per Lump Sum
$ 6t,ooo 0 8i,ooo
BID SCHEDULE I TOTAL AMOUNT (SUM OF BID ITEMS 101.119)
t ! 1 '
q 0o
BlD SCHEDULE I TOTAL AMOUNT IN WORDS
P-16

Page 170 of 348 ends

CITY OF NORCO

PROPOSAL BID SHEET
FOR

GRULLA LIFT STATION REPLACEMENT PROJECT
BID SGHEDULE II . GRULLA STORM DRAIN CONSTRUGTION

DESCRIPTION OF ITEMS WITH UNIT ITEM QUANTITY UNIT UNIT PRICE

WRITTEN IN WORDS

PRICE IN TOTAL

FIGURES
Mobilization and demobilization,
201 LS
(maximum ol1.5o/o of the Total
Bid Amount)
Per Lump Sum $ z tfoo $ 7
)
,? 0
Construction Control Plan and
Construction Devices (including
Engineered Traffic Control plan)
in the public right-of-way on
202 LS Grulla Court, at 7,0 oo 7)o0o
Per Lump Sum
203 LS
Water Pollution Control
Compliance at the project site in
the public right-of-way on Grulla
Court, at
Per Lump Sum
r
',t
o' $ 3,ooO
Construct 48" RCP Storm Drain
at
204 163 LF F ro-rrt -r-- ,'/t, ,t , \
e., t r
4'tr* -y'' " rl ^lIG' Per Linear Foot
W7f)7c( ,
P-17

Page 171 of 348 ends

CITY OF NORCO

PROPOSAL BID SHEET
FOR

GRULLA LIFT STATION REPLACEMENT PROJECT
BID SCHEDULE II . GRULLA STORM DRAIN GONSTRUGTION

DESCRIPTION OF ITEMS WITH UNIT ITEM QUANTITY UNIT UNIT PRICE

WRITTEN IN WORDS

PRICE IN TOTAL

FIGURES
Construct 53"x34" Elliptical (42"
round) RCP Storm Drain (Span
in Vertical Position) at
205 54 LF rt,ur, 78,fr6o
Per Linear Foot
206 34 LF $ ,.0 t7)6 {0
Per Linear Foot
207 16 $ 6ro llao LF
Construct 24" 10 Gauge CMp
Per Linear Foot
208 SF
79s
(pavement)
440
(kench)
Construct Trench Repair per City
Standard Drawing No. 155
Modified per Detail "B" on Storm
Drai Drawings Sheet 2 at o
F r{,ar"-a^1--)l-eU- *-5 f L 1t,l+o
Per Square Foot
P-18
Construct 30" RCP Storm Drain

Page 172 of 348 ends

CITY OF NORCO

PROPOSAL BID SHEET
FOR

GRULLA LIFT STATION REPLACEMENT PROJECT
BID SCHEDULE II . GRULLA STORM DRAIN CONSTRUCTION

DESCRIPTION OF ITEMS WITH UNIT

ITEM QUANTITY UNIT UNIT PRICE PRICE IN TOTAL

WRITTEN IN WORDS FIGURES
209 920 SF
Construct Trench Repair per City
Standard Drawing No. 155
Modified per Detail "B" on Storm
Drain Drawings Sheet 2
(Modified with Trench Backfill to
irep Surface (No n.C. ga; $ ,Q
Removal)) at r,
F; + )i -1*, D. ll o,,
Per Square Foot
N t/l,LL(o
Construct Manhole No. 2 per
RCFC&WCD Std Plan MH252
(A=N/A B=N/A D1=48"
210 EA z0,O9O zo,o00
D2=53"x34" - Elliptical Pipe T=8"
L=7.10') at
Per Each
211
Construct Manhole No. 2 per
RCFC&WCD Std Plan MH252
(A=N/A B=N/A D1=53"x34" -
Elliptical Pipe D2=48" T=8"
EA L=7.10') .at $ zorocto zo)ooc)
Per Each
P-19

Page 173 of 348 ends

CITY OF NORCO

PROPOSAL BID SHEET
FOR
GRULLA LIFT STATION REPLACEMENT PROJECT *** SEE ATTACHED L]ST BID SCHEDULE II . GRULLA STORM DRAIN CONSTRUCTION
DESCRIPTION OF ITEMS WITH ITEM QUANTITY UNIT UNff PRICE

WRITTEN IN WORDS
UNIT

PRICE IN TOTAL

FIGURES
212 EA
Construct Catch Basin No. 6 per
RCFC&WCD Std ptan C8102
(W=1 1' V=8.42,) special
connection to CB per
RCFC&WCD Std. ptan CB 109
at $
z 7,00o
Per Each
213 EA
Construct Catch Basin No. 6 per
RCFC&WCD Std ptan C8102
(W=7' V=5.25') with special
connection to CB per
RCFC&WCD Std. plan CB 109
at
_ Per Each
Z 0,ooo z oooo
)
214 EA
Construct Brick and Mortar
Bulkhead at
T4qf +n " ,t\ 441/-4 $ Trooo a)ooo
Per Each
Construct5'S@
Per Each
215 EA
P-20
$ . c,oco L 6rooo

Page 174 of 348 ends

CITY OF NORCO

PROPOSAL BID SHEET
FOR

GRULLA LIFT STATION REPLACEMENT PROJECT

BID SCHEDULE II - GRULLA STORM DRAIN CONSTRUCTION

DESCRIPTION OF ITEMS WITH ITEM QUANTITY UNIT UNIT PRICE

WRITTEN IN WORDS
UN!T

PRICE IN TOTAL

FIGURES
Construct 8" VCP Sewer in
Trench Bedding per City
Standard Drawing No. 155
Modified per Detail "B" on Storm 216 20 LF r quo ,9, 0 oo Per Linear Foot
217 4 EA
Construct Concrete Collar per
RCFC&WCD per Std. ptan No.

M803 at ll"xe 4*rrte*J /L!r^J, -rLetu/ "
-l-Az"ALa-t per Each
$ 2,7 oo l ,tr(oo
Construct Sanitary Sewer
Protection per RCFC&WCD per
Std. Plan No. M807 at 218 EA
7,6 00
Per Each
7{, oo
Construct Energy Dissipator per
SSPWC Std. 384-3, D=48',,
L=16', W=12', Conc. Mix.560-C-3A250, and F'y;60 219 [Sl Per Each
EA
P-21
$ ll0/ 0 oc ,f l/o, ooo

Page 175 of 348 ends

CITY OF NORCO

PROPOSAL BID SHEET
FOR

GRULLA LIFT STATION REPLACEMENT PROJEGT
BID SCHEDULE II . GRULLA STORM DRAIN CONSTRUCTION

DESCRIPTION OF ITEMS WITH UNIT ITEM QUANTITY UNIT UNIT PRICE

WRITTEN IN WORDS

PRICE IN TOTAL

FIGURES
220 30 CY
Construct Rip Rap Energy
Dissipator Type 2 per SDRSD
Dwg. No. D-40, 2ton Rip Rap
Per Cubic Yard
$1,)oo fl 3q,ooo
Construct Local Depression
No. 3 per RCFC&WCD Std. ptan
No. 1D202 at
221 EA 4,zo o lyoo
222 EA $ \zoo L(rLoo
Per Each
223 21 LF
Remove and Replace Chain Link
Fence at
Per Linear Foot
$ t; > ),,. , ,
P-22
2

Page 176 of 348 ends

GITY OF NORCO

PROPOSAL BID SHEET
FOR

GRULLA LIFT STATION REPLACEMENT PROJECT
BID SCHEDULE II . GRULLA STORM DRAIN CONSTRUCTION

DESCRIPTION OF ITEMS WITH UNIT ITEM QUANTITY UNIT UNIT PRICE

WRITTEN IN WORDS

PRICE IN TOTAL

FIGURES
224 25 LF
Remove and Dispose Existing 8"
VCP Sewer at
$ zE, 6,,trS
Per Linear Foot
225 165 LF
Remove Existing 36" CMP Storm
Drain at
Per Linear Foot
$ 11 t+l8r
Remove Existing 31" Fiberglass
226 36 LF $ tgt Iztz
)
Per Linear Foot
Remove Existing Storm Drain
Manhole at
227 EA $ ?,loo Z,Too
Per Each
Remove Existing Concrete
Headwall at
$ rr00
Per Each
228
P-23
1)t400 EA

Page 177 of 348 ends

CITY OF NORCO

PROPOSAL BID SHEET
FOR

GRULLA LIFT STATION REPLACEMENT PROJECT
BID SCHEDULE II . GRULLA STORM DRAIN CONSTRUCTION

DESCRIPTION OF ITEMS WITH UNIT

ITEM QUANTITY UNIT UNIT PRICE

WRITTEN IN WORDS

PRICE IN TOTAL

FIGURES
Remove Existing 16" RCP Storm
Drain at
229 23 LF $ t./ L >)779
Per Linear Foot
230 91 LF
Remove Existing 24" RCP Storm
Drain at
Per Linear Foot
5c ,il, ,r-,'" ).*/-lo,.t $ 71 7lt9 7
Remove Existing 24" CMP.
231 16 LF
Storm Drain at
41,* 4 * )o//.,ra- $ gg
Per Linear Foot
t)? og
232 EA
Remove Existing Concrete Collar
at
Per Each
$ 7lt oo 'rt" o
P-24

Page 178 of 348 ends

CITY OF NORCO

PROPOSAL BID SHEET
FOR

GRULLA LIFT STATION REPLACEMENT PROJECT
BID SCHEDULE II TOTAL AMOUNT (SUM OF BID ITEMS 201.292) ,
L. 7
'

BID SCHEDULE II TOTAL AMOUNT IN WORDS
P-25

Page 179 of 348 ends

GRULLA LIFT STATION REPLACEMENT PROJECT

BID SUMMARY AND TOTAL BASE BID

BID SCHEDULE I - GRULLA LIFT STATION REPLACEMENT
BID SCHEDULE II . GRULLA STORM DRAIN CONSTRUCTION
$ t / +! )1oc
$ A zzrzlq

BASE BID TOTAL AMOUNT (SUM OF BID SCHEDULES I AND II)
S z,t lf ,f :f

BASE BID TOTAL AMOUNT IN WORDS
-1
/' , / zo 21
Dated
NoTE: The unit price must be written in words and also sh_o.ryn in figures. The total price [!]lJ:: "xtended
for each item of work and tre toiar ot al items Insert"o in the space 6 ig B <-.,y
P-26

Page 180 of 348 ends

lN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all forenamed principals this 26th day of Septembe( _2024 BTDDER Big Ben lnc.
4790lrvine Blvd. #105-404,lrvine, CA 92620
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.
)
me this 2A4^u ot ,204,
I
{/)
)
ftilfdffisII*l Signature:

CoNu 11 2359040 ,)
unv pueLrc.carrronuu Uj
couNrY oF 0r^!1e
Subscribed and sworn tg (or affirmed)
by
, proved to
me on the is of satisfactory to be the person(d) who appeared before me.

Seal
NOTARY PUPTIC.CALIFORNIA VI
0nnlcr Coultr -.
['1Y Cor,1r,r. ErP l\4rv 26. 2025 f
AGENCY acknowledges that this proposat was received and opened at the time and in the place specified, and that it was accompanied by the required guarantee in the amount of 10 percent of the total bid.

By
Title
P-27

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CA-1

CITY OF NORCO

GRULLA LIFT STATION REPLACEMENT PROJECT AGREEMENT

1. Parties and Date.

This Agreement is made and entered into this 6th day of November, 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 Big Ben Inc., a corporation with its principal place of business at 4790 Irvine Blvd. #105- 404, Irvine, CA 92620 (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 GRULLA LIFT STATION REPLACEMENT PROJECT on the terms and conditions set forth in this Agreement.

Contractor represents that it is experienced in constructing sewer and 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 GRULLA LIFT STATION REPLACEMENT PROJECT ("Project") as set forth in this Agreement.

3. Terms.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. 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 GRULLA LIFT STATION REPLACEMENT PROJECT. The Project is more particularly described in Exhibit A attached hereto and incorporated herein by reference. The Project shall be subject to, and performed in accordance with this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The terms of this Agreement shall begin at the Notice to Proceed and shall extend 180 working days. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Contractor.

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

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Any additional personnel constructing the Project under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with the construction of the Project under this Agreement and as required by law.

Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

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

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

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

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

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

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

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

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adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to construct the Project in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any work on the Project.

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

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

3.2.9 Insurance.

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

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

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

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

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

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Contractor shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Contractor shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee in his/her sole discretion. At the option of the City Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees and agents; or (ii) Contractor shall provide a financial guarantee, satisfactory to the City Manager or his/her designee in his/her sole discretion, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or 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 claims-made policy form with a retroactive date prior to the effective date of the Contract, or work commencement date, Contractor must purchase extended reporting period coverage for a minimum of 5 years after completion of the work or termination of the Contract, whichever first occurs.
(iv) A copy of the claims reporting requirements must be submitted to City for review.

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

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

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

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

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

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

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

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procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.11 Bonds.

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

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

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

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

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

3.3 Fees and Payments.

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

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed by Contractor. The statement shall describe

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the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

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

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

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

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

3.4 Accounting Records.

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

3.5 General Provisions.

3.5.1 Termination of Agreement.

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

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

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

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

Contractor:

Big Ben Inc.
4790 Irvine Blvd, #105-404
Irvine, CA 92620
Attention: Sep Sharifi - CEO
City:

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

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

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

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

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

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

This section shall survive termination or expiration of this Agreement.

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

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

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

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

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

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

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

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

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

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

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

For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

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

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

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3.6 Subcontracting.

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

Name of Contractor: Big Ben Inc.
*By:
________________________________________________
Signature
________________________________________________
Sep Sharifi - CEO
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 the Grulla Lift Station Replacement Project
The items of work to be performed hereunder include furnishing of all labor, materials, equipment and appurtenances, unless herein specifically excepted, necessary for the complete and satisfactory construction of the Grulla Lift Station Replacement, including construction of the new submersible pump sewage lift station and demolition of the existing packaged sewage lift station The work consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Contract Documents, Specifications and Plans for the above stated project. In general, the project consists of replacing the existing Grulla Sewage Lift Station with a new Grulla Sewage Lift Station (Station). In general, the lift station work will include constructing a new submersible lift station with wet well, submersible pumps, abovegrade discharge piping, air entrainment system, connection sewer and force main, motor control center (MCC), potable water service, security fencing, site improvements, and demolition of the existing packaged station and associated electrical panels (Bid Schedule I, Bid Items 101 through 119). The work will also include construction of the Grulla Storm Drain, which consists of approximately 310 LF of storm drain, 25 LF of sewer, and associated manholes, basins, and transition structures (Bid Schedule II, Bid Items 201 through 230). Award will be based on the total of both Bid Schedules (i.e. Bid Items 101 through 119 and 201 through 230).

Contractor shall provide Owner with a correctly functioning submersible sewage lift station and storm drain and shall restore the existing street improvement to be free of defects and deficiencies.

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, Supplemental Special Provisions, and Technical Specifications, and are incorporated herein by this reference.

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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:

GRULLA LIFT STATION REPLACEMENT PROJECT
The general items of work to be done hereunder consist of:

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

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the bounden Contractor, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract and any alteration thereof made as therein provided, on

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his or its parts, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated in said Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

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

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

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

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

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

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

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

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

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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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CA-18

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

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

GRULLA LIFT STATION REPLACEMENT PROJECT
The general items of work to be done hereunder consist of:

Constructing the new submersible Grulla Lift Station, including wet well, submersible pumps, motor control center (MCC) abovegrade discharge piping, air entrainment system, security fencing, and site work and demolishing the existing packaged Grulla Lift Station and associated electrical panels as well as constructing the new Grulla Storm Drain, including storm drain piping, sewer, manhole, catch basins, and transition structures, all to the satisfaction and acceptance of the City Engineer.
(hereinafter referred to as the “Contract”) and
WHEREAS, said Contractor is required to furnish a bond in connection with said Contract and pursuant to Section 3247 of the California Civil Code; NOW, THEREFORE, We, _______________________________________________, the undersigned Contractor, as Principal; and __________________________________ ______________________________________________________________________ _
a corporation organized and existing under the laws of the State of __________________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Norco and to any and all persons, companies, or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of
________________________________________________________________Dollars ($ _________________), said sum being not less than 100 percent of the total amount payable by the said Obligee under the terms of the said Contract, for which payment will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs, executors, administrators, successors, or assigns, or Subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery, or power used in, upon, for, or about the performance of the Public Work contracted to be done, or to

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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: __________________________________
Attorney-in-Fact

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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).

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

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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:

GRULLA LIFT STATION REPLACEMENT PROJECT
The general items of work to be done hereunder consist of:

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

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

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

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

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(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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CA-26

AUTOMOBILE LIABILITY ENDORSEMENT

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

1. Insurance Company _____________________________________________ Policy Number _____________________

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

3. Named Insured________________________________________________

4. Address of Named Insured________________________________________

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

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

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

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

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CA-27
policy shall: (a) be primary insurance as respects the City of Norco, its elected or appointed officers, officials, employees, consulting engineers or volunteers; or (b) stand in an unbroken chain of coverage excess of the Named Insured’s primary coverage. In either event, any other insurance maintained by the City of Norco, its elected or appointed officers, officials, employees or volunteers shall be in excess of this insurance and shall not contribute with it.

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

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

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

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WORKER’S COMPENSATION/EMPLOYER’S LIABILITY ENDORSEMENT

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

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

2. Effective Date of this Endorsement ________________________________

3. Named Insured_________________________________________________

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

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C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE

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

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

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LIFT STATION STORM DRAIN IMPROVEMENT PLAN

INDEX MAP
TRENCH REPAIR DETAIL "B"

LEGEND/ABBREVIATIONS

GRULLA COURT CALIFORNIA AVENUE
CONSTRUCTION NOTES - DRAINAGE: DEMO / RELO NOTES:

SEE SHT. 2

GRULLA SD
QTY. UNIT QTY. UNIT
8/27/2024

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LIFT STATION STORM DRAIN IMPROVEMENT PLAN
635
640
645
650
655
10+00 11+00 12+00
645
650
655
660
640

CALIFORNIA AVE
297 GRULLA CT
APN 153-041-008
5190 CALIFORNIA AVE
APN 153-041-025
5196 CALIFORNIA AVE
APN 153-041-006

NOT ASSIGNED
APN - 153-041-007
10+40 10+50 10+60

GRULLA CT
645
650
655
660
640
1+00 1+25 1+50

GRULLA STORM DRAIN MAINLINE
STORM DRAIN LATERAL "A"
SEWER LINE "B"
10+70
645
650
655
660
640
635
CONSTRUCTION NOTES - SEWER:

CONSTRUCTION NOTES - DRAINAGE:

DEMO / RELO NOTES:

LINE / CURVE DATA
13+00
630
625
635
640
645
650
655
630 635 635
1 3-4
2 8/27/2024

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LIFT STATION STORM DRAIN IMPROVEMENT PLAN
PHASE 1 DEMO DETAIL NO. 1 1
2 PHASE 1 DETAIL NO. 2 2
2 GRULLA COURT

CALIFORNIA AVE
297 GRULLA CT APN 153-041-008
5190 CALIFORNIA AVE APN 153-041-025
NOT ASSIGNED APN - 153-041-007
297 GRULLA CT APN 153-041-008
5187 CALIFORNIA AVE
APN 153-042-004
5190 CALIFORNIA AVE
APN 153-041-025
5196 CALIFORNIA AVE
APN 153-041-006

NOT ASSIGNED
APN - 153-041-007
EXIST. WOOD
SHED

GRULLA COURT

CALIFORNIA AVE
EXIST. WOOD SHED
5187 CALIFORNIA AVE
APN 153-042-004
5196 CALIFORNIA AVE APN 153-041-006

LINE / CURVE DATA
CONSTRUCTION NOTES - DRAINAGE:

DEMO / RELO NOTES:

MATCHLINE
STA 10+60.95

MATCHLINE
STA 10+60.95
8/27/2024

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LIFT STATION STORM DRAIN IMPROVEMENT PLAN
PHASE 2 DEMO DETAIL NO. 1 1
2 PHASE 2 DETAIL NO. 2 2
2 CALIFORNIA AVE

CALIFORNIA AVE
297 GRULLA CT APN 153-041-008
5190 CALIFORNIA AVE APN 153-041-025
NOT ASSIGNED APN - 153-041-007

GRULLA COURT
EXIST. WOOD SHED
5187 CALIFORNIA AVE
APN 153-042-004
5196 CALIFORNIA AVE APN 153-041-006
297 GRULLA CT APN 153-041-008
5190 CALIFORNIA AVE
APN 153-041-025

NOT ASSIGNED
APN - 153-041-007

GRULLA COURT
EXIST. WOOD
SHED
5187 CALIFORNIA AVE
APN 153-042-004
5196 CALIFORNIA AVE
APN 153-041-006
CONSTRUCTION NOTES - DRAINAGE:

DEMO / RELO NOTES:

LINE / CURVE DATA
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KRIEGER & STEWART, INCORPORATED
Mailing Address: 3890 Orange Street #1509, Riverside, CA 92502 Office Address: 3602 University Avenue, Riverside, CA 92501 Tel: (951) 684-6900 • Fax: (951) 684-6986 • www.kriegerandstewart.com October 10, 2024 893-7.9.1A
Chad Blais
City of Norco
2870 Clark Avenue
Norco, CA 92860
Subject: Construction Phase Engineering Services Proposal for Grulla Lift Station Replacement
Dear Mr. Blais:

We appreciate the opportunity to submit our proposal to provide engineering support services during construction for subject project. We have organized our services into the following components:

Task 1 - Preconstruction Meeting
Task 2 - Respond to Contractor RFI's
Task 3 - Respond to Contractor, City, and Inspector Questions.

Task 4 - Materials and Shop Drawing Submittal Review
Task 5 - Startup and Testing
Task 6 - Prepare Record Drawings
Each construction engineering component is described in detail in the following paragraphs:

1. Preconstruction Meeting
If requested by the City, we will attend the preconstruction meeting. The preconstruction meeting will provide the opportunity for complete review of the essential provisions of Contract Documents by all parties prior to starting work. We will be prepared to respond to questions regarding Contract Document requirements, including special project requirements, sequence of work, scheduling restrictions, welded steel reservoir installation requirements, and completion dates.

2. Respond to Contractor RFI's
We will respond to requests for information (RFIs) and Requests for Clarification (RFCs) from the Contractors regarding the Contract Documents in order to ensure that the improvements and related facilities are constructed in compliance with Contract Documents. We will also prepare clarifications as needed. We will also prepare and maintain RFI/Clarification logs for an ongoing record.

For purposes of this proposal, we have assumed that the contractor will submit up to 20 RFI's, and each RFI response will require 3 hours of an engineer's time and 0.5 hours of support staff time.

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Chad Blais
October 10, 2024

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3. Respond to Contractor, City, and Inspector Questions Throughout the course of construction, our Design Engineer will respond to inquiries regarding the Contract Documents in order to ensure that the project is constructed in compliance with Contract Documents.

We will respond to requests for information (RFIs - see Task 2 above) and Requests for Clarification (RFCs) from the Contractor, City staff, and Inspector regarding the Contract Documents in order to ensure that the improvements and related facilities are constructed in compliance with Contract Documents.

For the purposes of this proposal, we have assumed the Project Engineer and Electrical Inspector will each dedicate 1 hour per week for the 40 week construction period.

4. Materials and Shop Drawing Submittal Review
We will review Contractor materials and shop drawing submittals (submittals) to ensure compliance with the Contract Documents. We expect submittal documents to be received for all construction materials and equipment.

Once received, submittal documents will be reviewed for completeness and compliance with the contract documents. Our review will include preparation of a Submittal Review Comments Sheet, which will inform the contractor whether the submittal is acceptable or not. For submittals that are not acceptable, the Submittal Review Comments Sheet will include detailed instruction to the contractor on what information or revisions are required on the re-submittal to obtain acceptance.

We will provide a digital pdf copy of each submittal and associated Submittal Review Comments Sheet to the City and the Contractor, and retain two copies of same (one for our inspector and one for our files).

We will prepare and maintain a detailed submittal log for an ongoing record of: submittal numbers, dates received and returned, quantities received and returned, descriptions, manufacturers, actions taken, and other comments as necessary. Said submittal log will be available for transmittal to City at any time.

For purposes of this proposal, we have assumed submittal review will require reviewing and approving 80 submittals at an average of 3 hours' review time per submittal (including resubmittals). Clerical hours are based on 0.5 hour per submittal.

5. Startup and Testing
The Contract Documents require the Contractor to provide startup, performance testing, and system validation of all equipment and components. Contract Documents also require the field services of manufacturer's representatives to perform equipment pre-startup checkouts, certify proper equipment installation, and assist City and Contractor during performance of startup and testing.

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Chad Blais
October 10, 2024

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During startup, we will provide a construction engineer with electrical, controls, and instrumentation experience to observe and record the Contractor's startup activities. During startup, we will verify that all equipment alarm and status signals are properly transmitted from field instrumentation and equipment control panels to the District’s SCADA System (via the existing Pump Station RTU). In addition, we will verify that all Chemical Feed Control Panel, OSG PLC, chemical feed pump, and VFD control functions operate in accordance with Specification requirements. Upon completion of startup activities, we will provide the City with a remedial work list (punch list) of items requiring correction.

For the purposes of this proposal, 8 hours of time for the project engineer, and 40 hours of electrical inspectors time to create pre-startup and start-up check lists, and attend pre-startup, startup, and remedial electrical and startup related inspections.

6. Prepare Record Drawings
Once project construction has been completed, we will provide the City with a complete set of record drawings which will reflect the facilities as constructed. The record drawings will be prepared in AutoCAD format based on information supplied by the City Inspector and the Contractor. Once the record drawings are prepared, copies will be submitted to City for approval.

Once approved, we will provide the Final Record Drawings to the City in electronic PDF format via email, removable flash drive, and/or CD, as requested by the City.

FEE ESTIMATE
Our estimated fee for providing the above-described engineering services is $97,455. A detailed breakdown is included in attached Table 1 and a copy of our 2024 Fee Schedule is also attached.

Our estimated fee is based on the following understandings and assumptions:

1. Construction administration and inspection will be provided by City staff or others.

2. Meetings beyond those listed in our proposal will be considered additional services, and will be billed on a time and materials basis.

3. We will bill monthly in accordance with the attached fee schedule.

4. Reimbursables include plots, copies, postage, delivery, and mileage, and are estimated at 2% of the total estimated fee.

5. Record drawings will be based on City supplied "as-built" redlined drawings with revisions due to field change orders and RFIs.

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Chad Blais
October 10, 2024

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Our estimated fee for construction phase engineering services is based on our experience with similar projects; however, our actual fee will depend on the efficiency, competence, and diligence of the Contractor.

If you have any questions or require additional information, please call.

Sincerely,

KRIEGER & STEWART, INCORPORATED
William G. Huffman
WGH/blt
893-7p9p1-Const Pro
Attachments: Table 1 - Estimated Fees for Construction Phase Engineering Services 2024 Fee Schedule

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CADD ELECTRICAL
ENGINEER (2) SERVICES (3) INSPECTOR (5) TOTAL
HOURS $ HOURS $ HOURS $ HOURS $ HOURS $ $

1. PRECONSTRUCTION MEETING 4 1,004 1,004

2. RESPOND TO CONTRACTOR RFI'S 20 5,020 40 7,200 10 1,270 13,490

3. RESPOND TO CONTRACTOR, CITY, AND INSPECTOR QUESTIONS 40 10,040 10,040

4. MATERIALS AND SHOP DRAWING SUBMITTAL REVIEW 80 20,080 160 28,800 40 5,080 53,960

5. STARTUP AND TESTING 8 2,008 40 8,000 10,008

6. PREPARE RECORD DRAWINGS 4 1,004 16 2,880 24 4,104 7,988 SUBTOTAL: 156 39,156 216 38,880 24 4,104 50 6,350 40 8,000 96,490 REIMBURSABLES (1%): 965
ENGINEERING SERVICES TOTAL: 97,455
KRIEGER & STEWART 2024 FEE SCHEDULE:
(1) SENIOR ENGINEER II @ $251 /Hr
(2) STAFF ENGINEER II @ $180 /Hr
(3) CADD OPERATOR II @ $171 /Hr
(4) STAFF TECHNICIAN II @ $127 /Hr
(5) ELECTRICAL INSPECTOR @ $200 /Hr
STAFF
ENGINEER (1)

COMPONENT

CITY OF NORCO

SUPPORT
SERVICES (4)
TABLE 1

GRULA LIFT STATION REPLACEMENT

ESTIMATED FEES FOR ENGINEERING SERVICES DURING CONSTRUCTION

PROJECT
893-7-GLS-Const Pro-Fee.xls (10/10/2024) Page 250 of 348

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KRIEGER & STEWART, INCORPORATED

FEE SCHEDULE
2024

CLASSIFICATION
RATES
$/Hr.

Consulting, Design, Construction, Engineering, Environmental, Commissioning, and Surveying Services (Office)
Principal 281.00
Senior III 265.00
Senior II 251.00
Senior I 234.00
Associate III 226.00
Associate II 219.00
Associate I 212.00
Staff III 204.00
Staff II 180.00
Staff I 157.00
Computer Aided Design Services
Operator III 180.00
Operator II 171.00
Operator I 160.00
Surveying Services (Field)
2 Man Crew with Standard Equipment and Survey Truck 313.00 1 Man Crew with Standard Equipment and Survey Truck 242.00 3rd Man on Crew 145.00
Construction Services (Field)
Construction Engineer 226.00
Electrical Inspector 200.00
Construction Inspector:

Regular Time 158.00
Overtime:

Weekdays (8 hours to 12 hours) 188.00
Weekdays (More than 12 hours) 227.00
Saturday (12 hours or less) 188.00
Saturday (More than 12 hours) 227.00
Sunday and Holiday (Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and the Day After, Christmas Day) 227.00
Support Services
Staff Technician III 133.00
Staff Technician II 127.00
Staff Technician I 122.00
Utility Clerk III 96.00
Utility Clerk II 88.00
Utility Clerk I 87.00

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KRIEGER & STEWART, INCORPORATED

FEE SCHEDULE
2024
(continued)

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CLASSIFICATION
RATES
$/Hr.

Outside Services
Special Consultants and Purchased Services Cost + 15%
Reimbursable Expenses
Vehicle Mileage 0.72 /Mile
Travel and Subsistence, including Air Fare, Ground Fare, and Vehicle Parking Cost Specialized Rental Equipment Cost
Copies, Delivery, Postage, Prints, Telephone, and Sundry Charges Cost The above rates are subject to change on or about January 1 each year due to salary and cost increases, except for Construction Inspector and Survey Crew rates which are also subject to change if California Department of Industrial Relations issues new prevailing wage determinations during the course of the year. A gasoline surcharge may be included in response to increased prices; no such surcharge will be included on project invoices without prior notification.

TERMS OF PAYMENT:

Unless charge accommodations have been established beforehand, all accounts shall be prepaid. For accounts having charge accommodations, payment in full shall be made within 30 days of date of invoice. Any amount unpaid within said 30 days will be assessed a service charge of 1-1/2% per month (18% annual percentage rate), with a minimum charge of 1.00. Accounts with a past due balance of 30 days or more are subject, without notice, to credit discontinuance and mechanic's lien or stop notice. If it becomes necessary for Krieger & Stewart to initiate legal proceedings for the collection of any balance due, the action shall be brought and tried in the Judicial Districts wherein Krieger & Stewart offices are located. Client agrees that the court may award reasonable attorney's fees and costs of suit to the prevailing party. 2024-FEES (10/18/2023)

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City Council

STAFF REPORT
Date: November 6, 2024 Agenda Item:

3.J.

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

Acceptance of the Citywide SMART Irrigation Controller Upgrade as Complete (Project No. 54111.3)
RECOMMENDATION:

Accept the Citywide SMART Irrigation Controller Upgrade Project as complete and authorize the City Clerk to file a Notice of Completion with the County of Riverside.

SUMMARY:

The Citywide SMART Controller Irrigation Upgrade involved the installation of 48 Rain Bird IQ4 irrigation controllers across parks, facilities, and landscape maintenance districts, enhancing irrigation efficiency and promoting sustainable water use.

Additionally, the City has obtained $38,115 in rebate checks from SoCal Water Smart, a program managed by the Metropolitan Water District of Southern California. These funds will be reinvested into the Measure R Fund accounts to support our financial sustainability initiatives. This project reflects the City’s commitment to environmental stewardship and long-term cost savings.

BACKGROUND:

On June 21, 2023, the City Council awarded a contract to Bill & Dave's Landscape Maintenance, Inc. for the Citywide SMART Irrigation Controller Upgrade Project in the amount of $299,720. The contract included a provision that authorized the City Manager to approve change orders up to 10% of the original contract value.

Bill & Dave's Landscape Maintenance, Inc. has successfully completed the project at a final cost of $318,969. This amount reflects all change orders, which included the installation of a new electrical line, conduit, and junction box at the control center

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located at the Parks Maintenance Office, as well as necessary irrigation wiring repairs at Wayne Makin and the installation of two new irrigation controller pedestals.

The Parks Superintendent has performed a thorough inspection of the completed work and has confirmed that Bill & Dave's Landscape Maintenance, Inc. has complied with all plans and specifications detailed in the contract documents.

In light of this inspection and the confirmed compliance with contractual requirements, City staff recommends that the City Council formally accept the work performed by Bill & Dave's Landscape Maintenance, Inc. as complete. Additionally, staff requests that the City Clerk be authorized to record the Notice of Completion with the County Recorder's Office.

FISCAL IMPACT:

The City has successfully obtained $38,115 in rebate checks from SoCal Water Smart, a program managed by the Metropolitan Water District of Southern California. These funds will reduce the total project expenditure under account number 132.940.43130 Project No. 54111.3 and be reinvested into the Measure R Fund accounts, enhancing our financial sustainability initiatives.

For your reference, a detailed list of the rebates received is attached to this document.

RELATIONSHIP TO STRATEGIC PLAN:

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

REVIEWED AND APPROVED BY:

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

REBATE LIST. SoCal. Water$mart
Notice of Completion_Citywide SMART Irrigation Controller Upgrade Project

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So Cal Water$mart Program REBATE PROGRAM
Irrigation Controller Upgrade
Controller/Site Location Rebate Number Rebate Amount
Pikes Peak - 97 Sixth St. DRP528486 $2,520
2671 Vandermolen Dr. DRP528446 $840
323 Norco Hills Rd. DRP528474 $2,100
Clark Field -1740 Detroit St. DRP528479 $420
LMD 3 - 1560 Red Rock Way DRP528475 $1,260
1549 Longhorn Way DRP528473 $1,260
Wayne Makin - 3364 Western Ave. DRP528480 $2,520
Community Center - 3900 Acacia Ave. DRP528482 $1,680
1212 Sedona Ln. DRP528469 $420
LMD 4 - 208 Oldenburg Ln. DRP528461 $2,520
LMD 2 - 832 Thoroughbred Ln. DRP528467 $1,260
Parmenter Park - 2760 Reservoir Dr. DRP528462 $840
LMD 2 - 710 Bridlecrest Rd. DRP528468 $840
LMD 4 - 1545 Valley Dr. DRP528459 $2,940
LMD 4 - 1487 Andalusian Dr. DRP528456 $840
Ted Brooks Park - 2777 Vine Ave. DRP528466 $420
Senior Center - 2690 Clark Ave. DRP528463 $840
LMD 4 - 2671 Crestview Dr. DRP528444 $2,940
LMD 4 - 140 Cross Rail Ln. DRP528455 $420
LMD 4 - 3501 Crestview Dr. DRP528448 $1,680
Pacer Park - 3307 Morgan Dr. DRP528437 $840
LMD 5 - 276 Glufstream Ln. DRP528441 $1,260
Sundance Park - 4047 Sundance Ln. DRP528478 $420
LMD 1 - 2701 River Rd. DRP528476 $420
LMD 4 - 490 Branding Iron Way DRP504027 $840
LMD 4 - 460 Cavaletti Ln. DRP528442 $840
LMD 4 - 288 Fresian St. DRP528449 $1,120
Kips Korner Park - Parkridge Ave. DRP528464 $420
913 Harness Ln. DRP528470 $840
1885 Fifth St. DRP528481 $1,295
3737 Crestview Dr. DRP528483 $1,260
Total REBATES: $38,115

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RECORDING REQUESTED BY: THIS DOCUMENT IS FILED AT THE REQUEST

REQUEST CITY OF NORCO OF THE CITY OF NORCO PURSUANT TO
WHEN RECORDED MAIL TO: SECTION 6103 OF THE GOVERNMENT
2870 CLARK AVENUE CODE. NO FEE IS CHARGED THEREFORE.

NORCO, CA 92860
ATTN: CITY CLERK

NOTICE OF COMPLETION

NOTICE IS HEREBY GIVEN BY THE CITY OF NORCO, A MUNICIPAL CORPORATION, STATE OF CALIFORNIA THAT THE WORK DESCRIBED AS THE CITYWIDE SMART IRRIGATION CONTOLLER UPGRADE PROJECT (PROJECT NO. 54111.3)

IN THE CITY OF NORCO IN ACCORDANCE WITH THE TERMS AND WRITTEN CONTRACT DATED BETWEEN THE CITY OF NORCO AND BILL & DAVE’S LANDSCAPE MAINTENANCE, INC. WAS COMPLETED AND ACCEPTED BY THE CITY OF NORCO ON THE SIXTH DAY OF NOVEMBER, 2024.

THE WORK DONE: CONSISTED OF THE INSTALLATION OF 48 RAIN BIRD IQ4 IRRIGATION CONTROLLERS ACROSS

PARKS, FACILITIES, AND LANDSCAPE MAINTENANCE DISTRICS, ENHANCING IRRIGATION EFFICIENCY AND PROMOTING SUSTAINABLE WATER USE. (PROJECT NO. 54111.3)
THAT THE CITY OF NORCO, A PUBLIC BODY, CORPORATE AND POLITIC, WHOSE ADDRESS IS 2870 CLARK AVENUE, NORCO, CALIFORNIA, 92860 IS THE OWNER OF SAID IMPROVEMENT WORK; AND THAT SAID WORK WAS PERFORMED BEGINNING JUNE 21, 2023, IN THE CITY OF NORCO. THE NATURE OF INTEREST IS VENDEE UNDER CONTRACT.

THAT SAID WORK OF IMPROVEMENT WAS SO PERFORMED BY BILL & DAVE’S LANDSCAPE MAINTENANCE, INC. IN ACCORDANCE WITH SAID WRITTEN AGREEMENT DATED JUNE 21, 2023, AND THE DRAWINGS AND SPECIFICATIONS WHICH WERE A PART OF SAID CONTRACT.

THIS NOTICE OF COMPLETION IS GIVEN BY THE CITY OF NORCO PURSUANT TO THE APPROPRIATE PROVISIONS OF TITLE XV, PART IV, DIVISION 1 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, AND UPON ORDER OF THE CITY OF NORCO.

NOVEMBER 6, 2024
DATED:

CITY OF NORCO

A MUNICIPAL CORPORATION
BY: __________________________

DANA ROA, CMC

CITY CLERK
VERIFICATION FOR NON-INDIVIDUAL OWNER:

I, THE UNDERSIGNED, DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT I AM THE CITY CLERK OF THE CITY OF NORCO; THAT I HAVE SIGNED THE SAID NOTICE, THAT I KNOW AND UNDERSTAND THE CONTENTS THEREOF, AND THAT THE FACTS STATED THEREIN ARE TRUE AND CORRECT.

NOVEMBER 6, 2024 ______________________________

DATE DANA ROA, CMC

CITY CLERK

CITY OF NORCO

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City Council

STAFF REPORT
Date: November 6, 2024 Agenda Item:

3.K.

Approval of Change Orders for Herk Edwards Inc. Contract RECOMMENDATION:

Authorize the City Manager to approve change orders for the contract with Herk Edwards Inc. up to 10% of the original contract amount.

SUMMARY:

On April 17, 2024, the City Council awarded the contract for the Moreno Arena Bleacher Replacement Project to Herk Edwards Inc. in the amount of $1,117,162. This project encompasses the procurement of materials, demolition of existing bleachers, and installation of a new 25-row bleacher system. This report action is to include provisions for City Manager approval of change orders up to 10% of the original contract amount.

BACKGROUND:

The recommendation allows for the provision for the City Manager to approve change orders up to 10% of the original contract amount, should the need arise, which would bring the potential total contract amount to $1,228,878. This adjustment ensures that the project can adapt to necessary changes without delays.

This amendment is necessary to provide flexibility in managing unforeseen circumstances that may arise during the project, ensuring timely completion without needing to return to the Council for minor adjustments.

It is important to note that the 10% change order allowance should have been part of the original award but was inadvertently overlooked. Recent changes to the layout of the egress ramp and stairway have also been made in accordance with the Fire

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Department’s recommendation, accommodating additional structures adjacent to the egress pathways to maximize the space under the arena cover.

Amending the original council action to include City Manager approval for change orders up to 10% of the contract amount will facilitate the efficient management of the Moreno Arena Bleacher Replacement Project and ensure the project remains on schedule and within budget.

FISCAL IMPACT:

The Moreno Arena Bleacher Repairs were approved as a Capital Improvement Project (CIP) for Fiscal Year 2023-24, with an allocated budget of $1,562,000. This funding is adequate to cover the contract amount of $1,117,162 plus change orders approved by the City Manager up to 10% of the original contract amount.

RELATIONSHIP TO STRATEGIC PLAN:

REVIEWED AND APPROVED BY:

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

April 17, 2024 Staff Report

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City Council

STAFF REPORT
Date: April 17, 2024 Agenda Item:

3.S.

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

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

SUMMARY:

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

BACKGROUND:

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

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

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

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

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

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

3. Galvanized steel support frames, bracing, and posts

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

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

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

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

8. Handicap accessible seating

9. Vertical aisles with mid-rails and contrasting nosing

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

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

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

Project Timeline

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

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

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

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

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

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

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

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

FISCAL IMPACT:

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

RELATIONSHIP TO STRATEGIC PLAN:

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

REVIEWED AND APPROVED BY:

Approved by: Lisette Free, Interim City Manager
Approved as to Form: Harper and Burns, LLP, City Attorney ATTACHMENT(S):

Attachment A_ Herk Edwards Contract

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1 CONTRACT AGREEMENT

CITY OF NORCO

CITYWIDE FACILITY PAINITNG PROJECT

1. Parties and Date.

This Agreement is made and entered into this 17th of April 2024 by and between the City of Norco, a municipal corporation of the State of California, located at 2870 Clark Avenue, Norco, California 92860, County of Riverside, State of California, (hereinafter referred to as “City”) and Herk Edwards, Inc, a corporation with its principal place of business at 23848 Hawthorne Blvd., Suite 100, Torrance, California 90505 (hereinafter referred to as “Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. Recitals.

2.1 Contractor.

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

2.2 Project.

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

3. Terms.

3.1 Scope of Services and Term.

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

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

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

3.2 Responsibilities of Contractor.

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

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

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

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

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

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

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

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

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

3.2.9 Insurance.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3.2.11 Bonds.

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

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

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

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

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

3.3 Fees and Payments.

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

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

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

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

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

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

3.4 Accounting Records.

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

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

3.5 General Provisions.

3.5.1 Termination of Agreement.

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

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

Contractor:

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

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

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

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

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.

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

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.

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

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

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

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

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

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

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

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

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

3.6 Subcontracting.

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

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

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

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14 EXHIBIT A

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

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

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

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

SCOPE OF WORK/QUOTATION

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

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

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

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

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

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

Steve Saunders
Steve Saunders
HERK EDWARDS, INC.

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

SCOPE OF WORK/QUOTATION

ATTACHMENT A

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

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

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

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

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

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

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

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

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

Steve Saunders
Steve Saunders
HERK EDWARDS, INC.

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City Council

STAFF REPORT
Date: November 6, 2024 Agenda Item:

3.L.

Approve Three-Year Licensing Agreement with Saddle Sore Saloon for the use of the Parking Lot at California Avenue and Sixth Street
RECOMMENDATION:

Approve three-year Licensing Agreement with Saddle Sore Saloon for the use of the parking lot at California Avenue and Sixth Street.

SUMMARY:

Saddle Sore Saloon is requesting a three-year extension of the parking lot licensing agreement, following a successful six-month probationary period. The initial agreement, approved by the City Council on May 15, 2024, has proven beneficial for both parties:
the City has received revenue, and Saddle Sore has gained essential additional parking for its patrons. Historically, the lot remained vacant, often used informally by Saloon visitors. Since the City acquired the property, Saddle Sore has faced parking limitations.

An extension of the agreement would continue to benefit the City and enhance the experience for customers at the Saloon.

BACKGROUND:

In 2022, the City of Norco acquired the vacant lot at the corner of California Avenue and Sixth Street to serve as an overflow parking area for the Ingalls Event Center. Since then, the City has undertaken several improvements, including tree removal, fencing installation, and minor grading to enhance the lot's usability. While the lot primarily supports the Ingalls Event Center, the Saddle Sore Saloon at 343 Sixth Street has utilized the space for overflow parking for the past six-months. The Saloon has now requested to rent the lot on a long-term basis, with the stipulation that the City retains priority access for the Ingalls Event Center and during community events.

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This arrangement will not disrupt events at the Ingalls Event Center. The lot will continue to host major events such as Horseweek, Day of the Cowboy, PRCA Rodeo, Norco Fair, and the Parade of Lights. Notably, the lot has remained unused by other local establishments in the past year, and this agreement presents an opportunity to generate additional revenue for the Ingalls Event Center.

The proposed three-year License Agreement, detailed in Exhibit "A," encompasses the following terms:
 The License is effective from November 6, 2024, to November 6, 2027, with an option for a three-year extension subject to City Council approval. An annual review of the License's terms will be conducted each September.  The lot may be utilized for additional parking by the Licensee on Tuesdays, Fridays, and Saturdays from 11 a.m. to 2 a.m. The Licensor maintains priority access at all times. Should the Licensor require the lot during the Licensee's scheduled hours, a 24-hour notice will be provided. It’s important to highlight that the hours of use have been extended from the probationary Licensing Agreement to align with the Saddle Sore Saloon's operating hours.  Access to the lot will be through the vehicle gate on California Avenue, while patrons will use the pedestrian gate at the corner of Sixth Street and California Avenue to reach the Saddle Sore Saloon. The vehicle gate on Sixth Street will remain closed.
 The Licensee is responsible for ensuring that patrons cross only at the intersection of Sixth Street and California Avenue, prohibiting mid-block crossings. All traffic control measures at this intersection must be followed.  The Licensee will maintain cleanliness, removing all trash and debris weekly. The Licensor will open the lot for use on the designated days, and overnight parking is prohibited unless extraordinary circumstances arise.  Alcohol consumption is strictly prohibited on the lot. No open containers of alcoholic beverages may be present.
 The Licensee will pay a monthly fee of $1,000 for the lot's use, in addition to any direct costs incurred. Payments must be made to the City of Norco by the 1st of each month, with a 4% annual increase starting May 1 of each year.

It is recommended that the City Council approve this three-year agreement for the use of the lot by Saddle Sore Saloon. The probationary Licensing Agreement previously approved by the City Council is attached as Exhibit "B." FISCAL IMPACT:

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The estimated revenues from the overflow parking lot will generate $12,000 annually with a 4% increase in May of each year to the General Fund (121.000.54205 - Lease Income).

RELATIONSHIP TO STRATEGIC PLAN:

This item closely aligns with 3. Economic Development and Financial Stability: Assure financial stability by expanding development efforts, diversifying revenue sources and continuing prudent financial management.

REVIEWED AND APPROVED BY:

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

EXHIBIT A: Proposed 3_Year_Licensing Agreement California and Sixth Lot _ Saddle Sore
EXHIBIT B: May 15, 2024 Executed Lease Agreement _Saddle Sore

Page 286 of 348 ends

CITY OF NORCO

LICENSE AGREEMENT
338 SIXTH STREET, NORCO, CA 92860 (APN: 133-200-022)
THIS LICENSE is made and entered into on the day as set forth below, by and between the CITY OF NORCO, a municipal corporation of the State of California, hereinafter called “Licensor”, and SADDLE SORE SALOON located at 343 Sixth Street, Norco, CA 92860, a California Business, hereinafter called “Licensee”.

W I T N E S S E T H:

Licensor, subject to the covenants and agreements herein contained, hereby licenses to Licensee those certain premises in the City of Norco, County of Riverside, State of California, described as follows:

The real property located at 338 Sixth Street known as the Ingalls Event Center Overflow Parking Lot (hereafter “Lot”) to use on the following terms and conditions:

1. TERMS
This License covers a 3-year period from November 6, 2024 – November 6, 2027, with an option to extend the term for three (3) years based on City Council approval. An annual review of the terms and conditions of the License will be conducted in September of each year.

The Lot may be used for additional parking by the Licensee on Tuesdays, Fridays, and Saturdays from 11 a.m. to 2 a.m. The Licensor shall have priority access and use of the Lot at any time. If the Licensor needs access to the Lot during the Licensee’s scheduled usage days, the Licensor shall provide notice within 24 hours of the event to the Licensee.

Users of the Lot shall access the Lot on California Avenue for ingress/egress of vehicles. The pedestrian gate at the corner of Sixth Street and California Avenue will be utilized by patrons to access the Saddle Sore Saloon.

The Licensee shall enforce and ensure that patrons of the Saddle Sore Saloon are crossing at the intersection of Sixth Street and California Avenue; no mid-block crossing will be allowed. Patrons and pedestrians shall utilize and follow all traffic control devices at the intersection of Sixth Street and California Avenue.

The Licensee shall be responsible for the cleanup of the Lot. All trash and debris shall be removed from the Lot on a weekly basis. The Licensor shall open the Lot for use by the Licensee on the above-mentioned days. Overnight parking in the Lot is prohibited, unless an extraneous circumstance occurs.

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License Agreement _ Ingalls Event Center Overflow Lot

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November 6, 2024
Alcohol is strictly prohibited in the Lot. No person shall consume any alcoholic beverage or have upon their person or in their personal possession any open container of any alcoholic beverage in the Lot.

2. CONDITIONS OF LICENSE
Licensee agrees to pay $1,000 per month for the use of the Lot, along with any direct costs associated with the use of the Lot. Payment shall be made to the City of Norco on or before the 1st of every month.

An annual escalator of 4% will be added to the monthly fee starting May 1 of each year.

3. INDEMNIFICATION AND INSURANCE
To the fullest extent permitted by law, Licensee shall hold harmless, defend at its own expense, and indemnify the City of Norco and its officers, employees, agents, and volunteers, against any and all liability, claims, losses, damages, or expenses, including reasonable attorney’s fees, arising from all acts or omissions of Licensee or its officers, agents, or employees in rendering services under this License; excluding, however, such liability, claims, losses, damages, or expenses arising from the City of Norco’s sole negligence or willful acts. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this License. These obligations shall survive the completion or termination of this License.

Licensee further agrees to deliver to Licensor upon the execution of this License a continuing Commercial General Liability Insurance Policy, to include the use of the Ingalls Event Center Overflow Parking Lot and all activities associated with the Saddle Sore Saloon satisfactory to Licensor indemnifying and holding Licensor, its officers, agents, City Council members, City employees and Riverside County Sheriff’s Department personnel harmless against any and all claims, in an amount as stated below:
a. Licensee’s general liability policies shall be primary and non-contributory and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City of Norco and its officers, officials, employees, and agents shall be additional insureds, waiver of subrogation and primary and non-contributory endorsements under such policies. The insurance requirements also apply to anyone hired for the event (e.g., participants, vendors, entertainers, etc.).
b. The City of Norco reserves the right to increase/decrease, change or eliminate the insurance requirements at any time.

General Aggregate $4,000,000

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License Agreement _ Ingalls Event Center Overflow Lot

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November 6, 2024
Personal & Advertising Injury $1,000,000
Each Occurrence $2,000,000
c. This coverage may be provided under one policy or a combination of several policies including excess or an umbrella policy and shall keep the same in full effect and force during the term of this License.

4. REPAIRS AND MAINTENANCE
Licensee represents that it has inspected and examined the premises and accepts them in their present condition as of the effective date of the term of this License contingent upon a re-inspection and acceptance to be conducted prior to the annual event term.

Licensee agrees that Licensor shall not be required to make any improvements whatsoever in or upon the premises hereby licensed or any part thereof.

Licensee further agrees to always keep and the Lot in good condition and order during the term and at the end of each annual term or at any sooner termination thereof, the Licensee will quit and surrender possession of said premises quietly and peaceably and in as good order and condition as the same at the commencement hereof, reasonable wear, tear and damage by the elements excepted. Licensee further agrees to keep said premises free from all nuisance and dangerous and defective conditions.

Licensee further covenants and agrees to keep at its own expense all grounds clean and free of garbage, refuse, and debris. Said cleaning operations shall be properly supervised and subject to the continuing approval of Licensor.

5. IMPROVEMENTS
Licensee may, subject to prior written approval of Licensor’s Director of Facilities and Maintenance, at Licensee’s sole cost and expense, make such changes, temporary alteration or improvements as may be necessary to fit said premises for the purpose stated herein. Improvements of any kind and nature, wherever installed by Licensee, shall remain the property of Licensee, who shall remove the same upon the termination after use, provided that such removal shall be done in such a manner as not to injure or damage the licensed premises and provided, further, that should Licensee fail to remove said improvements as above provided, Licensor, at its option, may require Licensee to remove the same. If said Licensee shall fail to remove said improvements after receipt of Notice from Licensor, Licensor may remove the same and dispose of the same as it sees fit, as it shall become the property of the Licensor after notice.

Licensee further agrees that should Licensor remove said improvements as above provided, that Licensee will pay Licensor upon demand the cost of such removal, plus the cost of transportation and disposition thereof.

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License Agreement _ Ingalls Event Center Overflow Lot

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November 6, 2024

6. PROHIBITION AS TO ASSIGNMENT AND SUB-LEASING
Neither the licensed premises nor any portion thereof shall be sublet, nor shall this Licensee, or any interest therein, be assigned, hypothecated, or mortgaged by Licensee and any such attempt shall be of no force or effect and shall confer no rights upon any assignee, sub-Licensee, mortgagee, or pledge.

7. COMPLIANCE WITH THE LAW
Licensee shall comply with all federal, state and local laws, policies and ordinances pertaining to the operations and activity to be conducted upon said described premises by Licensee and shall not commit or allow violation of any law or ordinance on said premises.

8. LIABILITY FOR INJURIES TO PERSONAL PROPERTY
Licensor shall not be liable to Licensee or Licensee’s officers, agents, employees, members, guests, vendors, or concessionaires for any damage caused to their persons or property by water, rain, fire storms and accidents, or by breakage, stoppage, or leakage of water, gas, heating, and sewer pipes or plumbing upon, about or adjacent to said premises.

9. LIABILITY FOR PROPERTY DAMAGE TO LICENSOR’S FACILITIES Licensee agrees to pay for any and all damages caused to any structures or grounds on said licensed property, if said damages are a direct result of Licensee’s use of the licensed premises during the License term. Said payment shall be made within 45 days, or as agreed upon, after receipt from Licensor of an itemized invoice delineating the damage and cost to repair such.

10.INSPECTION BY LICENSOR
Licensor’s duly authorized representatives shall have the right at all times to inspect said licensed premises to determine whether or not the provisions of the License are being complied with by Licensee.

11.RETURN OF PREMISES
Licensee shall return to Licensor the said described premises in the same condition as they were at the time of the execution of this License, normal wear and tear excepted.

12.TERMINATION BY LICENSOR
Licensor may terminate this License at any time should it be determined by the City Manager that the public peace, health, safety, and welfare requires

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License Agreement _ Ingalls Event Center Overflow Lot

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November 6, 2024
cancellation by serving upon Licensee in the manner hereinafter provided, a written notice to terminate, which notice shall be served at least 24 hours prior to the date for termination.

13.DEFAULT
If Licensee shall be in default or fail to perform any of the terms or conditions herein agreed to be kept and performed by the Licensee, Licensor may terminate and end this License forthwith and Licensor may enter upon said premises and remove all persons and property therefrom. Licensee shall not be entitled to any money paid hereunder or any part thereof.

14.ATTORNEY’S FEES
In an action brought under this License, the parties shall bear their own attorney’s fees.

15.TIME OF PERFORMANCE
All covenants must be performed promptly, and payment made on the date herein provided. If any default shall be made in any of the covenants on the part of the Licensee, Licensor may declare said tenancy terminated and may enter upon the premises and repossess the same for which purpose the consent of Licensee is hereby expressly given.

16.NOTICES
Any notices that are required hereunder or which either Licensor or Licensee may desire to serve upon the other, shall be writing and shall be deemed served when delivered personally or when deposited in the United States Mail, postage prepaid, addressed as follows:

To: City of Norco
2870 Clark Avenue
Norco, California, 92860
To: Saddle Sore Saloon
343 Sixth Street
Norco, CA 92860

17.SUCCESSORS OF THE PARTIES
This License shall bind the successors of the parties hereto unless notice of termination as hereinabove agreed upon is given. Either Party has the right to

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License Agreement _ Ingalls Event Center Overflow Lot

Page 6 ends

November 6, 2024
terminate this License by written notice 180 days prior to the event. Written notice must be sent by Certified Mail.

18.POSSESSORY INTEREST TAXATION
Licensor hereby provides notice to Licensee that a possessory interest may be created by this License which may cause the Lot, which is otherwise exempt from taxation, to be subject to taxation of the possessory interest. Pursuant to California Revenue and Taxation Code section 107.6, Licensor hereby notifies Licensee that the Lot may be subject to such taxation and Licensee agrees that it will pay those taxes, if any, of which Licensee receives timely notice and to the extent any such Taxes are the result of Licensee’s Use. Licensee shall be solely responsible to pay all real property, personal, and sales taxes levied upon the Lot or levied as a result of Licensee’s operations thereon.

IN WITNESS WHEREOF, the parties hereto have caused this License Agreement to be executed.

CITY OF NORCO, CALIFORNIA
A Municipal Corporation
By:
________________________
Kevin Bash, Mayor
ATTEST:
________________________
Dana Roa, City Clerk
APPROVED AS TO FORM:
________________________
Harper & Burns, LLP, City Attorney

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License Agreement _ Ingalls Event Center Overflow Lot

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November 6, 2024

SADDLE SORE SALOON
By:
________________________
Owner

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CITY OF NORCO ,
, LICENSE AGREEMENT
338 SIXTH STREET, NORCO, CA 92860 (APN: 133-200-022)
THIS LICENSE is made and entered into on the day as set forth below, by and between the CITY OF NORCO, a municipal corporation of the State of California, hereinafter called “Licensor”, and SADDLE SORE SALOON located at 343 Sixth Street, Norco, CA 92860, a California Business, hereinafter called “Licensee”.

W l T N E S S E T H:

The real property located at 338 Sixth Street known as the lngalls Event Center Over?ow Parking Lot (hereafter ”Lot”) to use on the following terms and conditions:

1. TERMS
This License covers a probationary 6-Month period from May 1, 2024 — November 1, 2024, with an option to extend the term for three (3) years based on City Council approval. An annual review of the terms and conditions of the License will be conducted in May of each year.

The Lot may be used for additional parking by the Licensee on Tuesdays, Fridays, and Saturdays from 4 pm. to 12 am. The Licensor shall have priority access and use of the Lot at any time. If the Licensor needs access to the Lot during the Licensee’s scheduled usage days, the Licensor shall provide notice within 24 hours of the event to the Licensee.

The Licensee shall enforce and ensure that patrons of the Saddle Sore Saloon are crossing at the intersection of Sixth Street and California Avenue; no mid-block crossing will be allowed. Patrons and pedestrians shall utilize and follow all traf?c control devices at the intersection of Sixth Street and California Avenue.

The Licensee shall be responsible for the cleanup of the Lot. Alltrash and debris shall be removed from the Lot on a weekly basis. The Licensor shall open the Lot for use by the Licensee on the above-mentioned days. Overnight parking in the Lot is prohibited, unless an extraneous circumstance occurs.

Page 294 of 348 ends

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Page 2 ends

May 15, 2024
Alcohol is strictly prohibited in the Lot. No person shall consume any alcoholic beverage or have upon their person or in their personal possession any open container of any alcoholic beverage in the Lot.

An annual escalator of 4% will be added to the monthly fee starting May 1 of each yeah

3. INDEMNIFICATION AND INSURANCE
To the fullest extent permitted by law, Licensee shall hold harmless, defend at its own expense, and indemnify the City of Norco and its of?cers, employees, agents, and volunteers, against any and all liability, claims, losses, damages, or expenses, including reasonable attorney’s fees, arising from all acts or omissions of Licensee or its officers, agents, or employees in rendering services under this License; excluding, however, such liability, claims, losses, damages, or expenses arising from the City of Norco’s sole negligence or willful acts. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this License. These obligations shall survive the completion or termination of this License.

Licensee further agrees to deliver to Licensor upon the execution of this License a continuing Commercial General Liability Insurance Policy, to include the use of the Ingalls Event Center Over?ow Parking Lot and all activities associated with the Saddle Sore Saloon satisfactory to Licensor indemnifying and holding Licensor, its officers, agents, City Council members, City employees and Riverside County Sheriff’s Department personnel harmless against any and all claims, in an amount as stated below:
a. Licensee’s general liability policies shall be primary and non-contributory and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City of Norco and its officers, officials, employees, and agents shall be additional insureds, waiver of subrogation and primary and non-contributory endorsements under such policies. The insurance requirements also apply to anyone hired for the event (e.g., participants, vendors, entertainers, etc.).
b. The City of Norco reserves the right to increase/decrease, change or eliminate the insurance requirements at any time.

General Aggregate $4,000,000

Page 295 of 348 ends

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May 15, 2024
Personal & Advertising Injury $1,000,000
Each Occurrence $2,000,000

0. This coverage may be provided under one policy or a combination of several policies including excess or an umbrella policy and shall keep the same in full effect and force during the term of this License.

Licensee agrees that Licensor shall not be required to make any improvements whatsoever in or upon the premises hereby licensed or any part thereof. Licensee further agrees to always keep and the Lot in good condition and order during the term and at the end of each annual term or at any sooner termination thereof, the Licensee will quit and surrender possession of said premises quietly and peaceably and in as good order and condition as the same at the commencement hereof, reasonable wear, tear and damage by the elements excepted. Licensee further agrees to keep said premises free from all nuisance and dangerous and defective conditions.

5. IMPROVEMENTS
Licensee may, subject to prior written approval of Licensor’s Director of Facilities and Maintenance, at Licensee’s sole cost and expense, make such changes, temporary alteration or improvements as may be necessary to ?t said premises for the purpose stated herein. Improvements of any kind and nature, wherever installed by Licensee, shall remain the property of Licensee, who shall remove the same upon the termination after use, provided that such removal shall be done in such a manner as not to injure or damage the licensed premises and provided, further, that should Licensee fail to remove said improvements as above provided, Licensor, at its option, may require Licensee to remove the same. Ifsaid Licensee shall fail to remove said improvements after receipt of Notice from Licensor, Licensor may remove the same and dispose of the same as it sees ?t, as it shall become the property of the Licensor after notice. Licensee further agrees that should Licensor remove said improvements as above provided, that Licensee will pay Licensor upon demand the cost of such removal, plus the cost of transportation and disposition thereof

Page 296 of 348 ends

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7. COMPLIANCEWITH THE LAW
Licensee shall comply with all federal, state and local laws, policies and ordinances pertaining to the operations and activity to be conducted upon said described premises by Licensee and shall not commit or allow violation of any law or ordinance on said premises.

8. LIABILITYFOR INJURIES TO PERSONAL PROPERTY
Licensor shall not be liable to Licensee or Licensee’s officers, agents, employees, members, guests, vendors, or concessionaires for any damage caused to their persons or property by water, rain, fire storms and accidents, or by breakage, stoppage, or leakage of water, gas, heating, and sewer pipes or plumbing upon, about or adjacent to said premises.

9. LIABILITYFOR PROPERTY DAMAGE TO LICENSOR’S FACILITIES Licensee agrees to pay for any and all damages caused to any structures or grounds on said licensed property, ifsaid damages are a direct result of Licensee’s use of the licensed premises during the License term. Said payment shall be made within 45 days, or as agreed upon, after receipt from Licensor of an itemized invoice delineating the damage and cost to repair such.

10. INSPECTION BY LICENSOR
Licensor’s duly authorized representatives shall have the right at all times to inspect said licensed premises to determine whether or not the provisions of the License are being complied with by Licensee.

11.RETURN OF PREMISES
Licensee shall return to Licensor the said described premises in the same condition as they were at the time of the execution of this License, normal wear and tear excepted.

12.TERM|NAT|ON BY LICENSOR
Licensor may terminate this License at any time should it be determined by the City Manager that the public peace, health, safety, and welfare requires

Page 297 of 348 ends

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cancellation by serving upon Licensee in the manner hereinafter provided, a written notice to terminate, which notice shall be served at least 24 hours prior to the date for termination.

13.DEFAULT
lfLicensee shall be in default or fail to perform any of the terms or conditions herein agreed to be kept and performed by the Licensee, Licensor may terminate and end this License forthwith and Licensor may enter upon said premises and remove all persons and property therefrom. Licensee shall not be entitled to any money paid hereunder or any part thereof.

14.ATTORNEY’S FEES
In an action brought under this License, the parties shall bear their own attorney’s fees.

15. TIME OF PERFORMANCE
All covenants must be performed promptly, and payment made on the date herein provided. If any default shall be made in any of the covenants on the part of the Licensee, Licensor may declare said tenancy terminated and may enter upon the premises and repossess the same for which purpose the consent of Licensee is hereby expressly given.

To: City of Norco
2870 Clark Avenue
Norco, California, 92860
To: Saddle Sore Saloon
343 Sixth Street
Norco, CA 92860

17.SUCCESSORS OF THE PARTIES
This License shall bind the successors of the parties hereto unless notice of termination as hereinabove agreed upon is given. Either Party has the right to

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License Agreement lngalls Event Center Overflow Lot

Page 6 ends

May 15, 2024
terminate this License by written notice 180 days prior to the event. Written notice must be sent by Certified Mail.

18. POSSESSORY INTEREST TAXATION
Licensor hereby provides notice to Licensee that a possessory interest may be created by this License which may cause the Lot, which is othen/vise exempt from taxation, to be subject to taxation of the possessory interest. Pursuant to California Revenue and Taxation Code section 107.6, Licensor hereby noti?es Licensee that the Lot may be subject to such taxation and Licensee agrees that it will pay those taxes, if any, of which Licensee receives timely notice and to the extent any such Taxes are the result of Licensee’s Use. Licensee shall be solely responsible to pay all real property, personal, and sales taxes levied upon the Lot or levied as a result of Licensee’s operations thereon.

INWITNESS WHEREOF, the parties hereto have caused this License Agreement to be executed.

CITY OF NORCO, CALIFORNIA
A Munici l Corporation
By:

APPRO ED AS TO FORM:

Roa Cit Cle
Harper & Burns, LLP, City Attorney
Kevi Bash,
ATTEST:

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License Agreement Ingalls Event Center Overflow Lot

Page 7 ends

May 15, 2024

SADDLE SORE SALOON

Page 300 of 348 ends

City Council

STAFF REPORT
Date: November 6, 2024 Agenda Item:

3.M.

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

Recap of Actions Taken by the Planning Commission at its Meeting Held on October 09, 2024
RECOMMENDATION:

Receive and file the recap of actions taken by the Planning Commission at its meeting held on October 09, 2024.

REVIEWED AND APPROVED BY:

Approved by: Lisette Free, Interim City Manager
ATTACHMENT(S):

Planning Commission - Oct 09 2024 - Minutes Draft

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DRAFT - MINUTES
Planning Commission
Wednesday, October 9, 2024
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL TO ORDER 7:00 PM
ROLL CALL Fia Sullivan, Chair
Danny Azevedo, Vice Chair
Patricia Hedges, Member
Jeff Shyu, Member
Tara Young, Member
PLEDGE OF ALLEGIANCE Vice Chair Azevedo
Vice Chair Azevedo asked for a moment of silence to pray for those going through Hurricane Milton and other natural disasters.

Community Development Director Robles read the Appeal Notice into the record.

APPEAL NOTICE: In the event that you disagree with the action taken by the Planning Commission in regards to your application, or with any condition for approval of the application which is not a specific requirement of the Norco Municipal Code, you are entitled to appeal such determination or conditions to the Norco City Council, provided that such appeal is filed with the Norco City Clerk within ten calendar days after the requirements for appeals, inclusive of payment of an appeal fee.

1. PUBLIC COMMENTS
There were no public comments at this time.

2. CONSENT CALENDAR

2.A. Approval of Planning Commission Regular Meeting Minutes M/S YOUNG/SULLIVAN Approve the Planning Commission Meeting Minutes of September 11, 2024. The Motion was carried by the following roll call vote:

AYES: SULLIVAN, AZEVEDO, HEDGES, SHYU, AND YOUNG
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

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Planning Commission Minutes - October 9, 2024

3. ITEM(S) PULLED FROM CONSENT CALENDAR
There were no items pulled from the Consent Calendar.

4. DISCUSSION / ACTION ITEM(S)

4.A. Accessory Building Use Permit 2024-11 (Ortega): A request to allow an 840 square-foot large vehicle garage at 3064 Arapaho Street, within the A-1-20 (Agricultural, Low-Density) Zone. APN: 129-153-004.

Associate Planner Woods-Diaz presented the report to have the item continued to the next regular scheduled meeting.

Commission Members had no questions or concerns, motion was made.

M/S SHYU/YOUNG Accessory Building Use Permit 2024-11 (Ortega) is to be continued to Planning Commission meeting of November 13, 2024. The Motion was carried by the following roll call vote:

AYES: SULLIVAN, AZEVEDO, HEDGES, SHYU, AND YOUNG
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

5. PUBLIC HEARING(S)

5.A. Continued from Planning Commission Meeting on September 11, 2024: Zone Code Amendment 2024-05 (City of Norco): A City initiated amendment to Title 18, Chapter 18.13 – A-1 (Agricultural Low-Density) Zone and Chapter 18.68 - Accessory Building Use Permits, to update the requirements for open animal-keeping areas with the approval of an accessory building.

Community Development Director Robles presented the report.

Community Development Director Robles answered questions and addressed concerns from Vice Chair Azevedo and Chair Sullivan.

City Attorney Halfman answered questions and addressed concerns from Commission Member Shyu.

Chair Sullivan opened the Public Hearing.

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Planning Commission Minutes - October 9, 2024
Bonnie Slager spoke regarding neighboring city lot size requirements to have horses. She gave information regarding what the ideal open space size is per horse and what is needed to safely house and exercise a horse.

Chair Sullivan closed the Public Hearing.

Commission Members discussed the minimum square footage requirement for animal keeping areas and the possibility of increasing the square footage of the animal keeping areas regarding lot size or requiring an additional turnout area for the animals.

Community Development Director Robles provided additional information regarding animal keeping areas and accessory buildings and addressed concerns.

Commission Members continued their discussion on the proposed requirements versus increasing the base square footage from 576 square feet to 806 square feet and the restrictions the increase could impose on property owners.

Following discussion, motion was made.

M/S HEDGES/SHYU That the Planning Commission adopt Resolution 2024-23, recommending that the City Council approve Zone Code Amendment 2024-05.

The Motion was carried by the following roll call vote:

AYES: AZEVEDO, HEDGES, SHYU, AND YOUNG
NOES: SULLIVAN
ABSENT: NONE
ABSTAIN: NONE

6. COMMISSION / STAFF COMMUNICATIONS
Community Development Director Robles reminded the Commission that the State of the City Address is taking place on Thursday, October 10, 2024, starting at 5 PM at The Barn.

Chair Sullivan requested staff agendize a discussion at the next regular scheduled meeting to add an Adhoc Committee to review requirements for a turnout area for animals.

7. ADJOURNMENT

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Planning Commission Minutes - October 9, 2024
Chair Sullivan adjourned the meeting at 8:08 PM.

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City Council

STAFF REPORT
Date: November 6, 2024 Agenda Item:

3.N.

To: Honorable Mayor and City Council Members
From: William Otterman, Fire Chief
Prepared By: William Otterman, Fire Chief
Department: Fire
SUBJECT:

Fiscal Year 2023-24 California State Fire Marshal Annual Inspection Compliance Report RECOMMENDATION:

Receive and File the Fiscal Year 2023-24 California State Fire Marshal Annual Inspection Compliance Report
SUMMARY:

Norco has fourteen (14) public and private schools, eight (8) hotels/motels/apartment buildings, and two (2) elderly assisted living facilities which are subject to the State mandated inspections in FY 2023-24. All of the inspections have been completed.

BACKGROUND:

Effective September 27, 2018, the California Health and Safety Code requires every city or county fire department to annually inspect buildings used as a public or private school, hotel, motel, lodging house, apartment house, and certain residential care facilities in their jurisdiction. Inspectors look for compliance with building standards and other regulations created by the State Fire Marshal, and focus on public safety, preventing fires, escaping fires, and containing fires.

Pursuant to Senate Bill 1205 (SB1205), California Health and Safety Code Section 13146.4 was added in 2018, and became effective on September 27, 2018, to read:
(a) Every city or county fire department, or district required to perform an annual inspection pursuant to Sections 13146.2 and 13146.3 shall report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3. (b) The report made pursuant to subdivision (a) shall occur when the administering authority discusses its annual budget, or at another time determined by the administering authority.

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(c) The administering authority shall acknowledge receipt of the report made pursuant to subdivision (a) in a resolution or a similar formal document. (d) For purposes of this section, "administering authority'' means a city council, county board of supervisors, or district board, as the case may be.

The first full reporting period subject to Senate Bill 1205 was calendar year 2019. This staff report serves as the City's Annual Compliance Report for SB 1205 purposes.

Riverside County Fire/CALFIRE is responsible for fire and life safety community programs in the City of Norco. One of these is the California State Fire Marshal mandated annual inspection program. The annual inspection requirement is conducted and completed by Fire Safety Specialists and Fire Systems Inspectors throughout the year.

Inspectors issue correction notices for violations and the amount of time provided for the correction is dependent on the violation. Imminently dangerous situations may require immediate correction, while less dangerous or more complicated situations are given two weeks to 30 days. Due to the consistently changing classroom and campus environment, nearly all schools require corrections of some type. Residential occupancies generally require fewer corrections due to their more static and consistent nature of use.

For Fiscal Year 2023-24, 100% of the California State Fire Marshal mandated inspections were completed.

As required by California Health and Safety Code, Section 13146.2 (Residential Group R occupancies), 10 of the 10 annual inspections of Group R (R-1 & R-2) occupancies were completed. This is a compliance rate of 100% for this reporting period.

As required by California Health and Safety Code, Section 13146.3 (Educational Group E occupancies), 14 of 14 annual inspections of Group E occupancies were completed.

This is a compliance rate of 100% for this reporting period. Educational Group E occupancies generally refer to public and private schools.

As required by SB 1205, Section 13146.4, Riverside County/CALFIRE, is to annually report to the City Council its compliance with the annual inspection requirements of the California Health and Safety Code. The bill also requires the City Council to formally acknowledge receipt of the compliance report.

FISCAL IMPACT:

There is no fiscal impact for this item.

RELATIONSHIP TO STRATEGIC PLAN:

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

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

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REVIEWED AND APPROVED BY:

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

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City Council

STAFF REPORT
Date: November 6, 2024 Agenda Item:

3.O.

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

Acceptance of the Citywide FY 2023-24 Slurry Seal Project as Complete RECOMMENDATION:

Accept the Citywide FY 2023-24 Slurry Seal Project as complete and authorize the City Clerk to file the Notice of Completion with the County of Riverside.

SUMMARY:

The Citywide FY 2023-24 Slurry Seal Project consisted of asphalt slurry and asphalt replacement improvements on various City streets.

BACKGROUND:

On May 1, 2024 the City Council awarded a contract to All American Asphalt in the amount of $219,999 and authorized the City Manager to approve contract change orders up to 10% for the Citywide FY 2023-24 Slurry Seal Project. The final contract amount paid to All American Asphalt was $211,989. The decrease in the amount paid was primarily due to the reduction of full depth asphalt replacements for the project.

All American Asphalt 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:

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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: Daphne Liu, Finance Director Approved by: Lisette Free, Interim City Manager
Approved as to Form: Harper and Burns, LLP, City Attorney ATTACHMENT(S):

Notice of Completion_Citywide Slurry Seal Project

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RECORDING REQUESTED BY: THIS DOCUMENT IS FILED AT THE REQUEST

REQUEST CITY OF NORCO OF THE CITY OF NORCO PURSUANT TO
WHEN RECORDED MAIL TO: SECTION 6103 OF THE GOVERNMENT
2870 CLARK AVENUE CODE. NO FEE IS CHARGED THEREFORE.

NORCO, CA 92860
ATTN: CITY CLERK

NOTICE OF COMPLETION

NOTICE IS HEREBY GIVEN BY THE CITY OF NORCO, A MUNICIPAL CORPORATION, STATE OF CALIFORNIA THAT THE WORK DESCRIBED AS THE CITYWIDE FY 23-24 SLURRY SEAL PROJECT (PROJECT NO. 4902.1) IN THE CITY OF NORCO

IN ACCORDANCE WITH THE TERMS AND WRITTEN CONTRACT DATED BETWEEN THE CITY OF NORCO AND ALL

AMERICAN ASPHALT WAS COMPLETED AND ACCEPTED BY THE CITY OF NORCO ON THE SIXTH DAY OF NOVEMBER, 2024.

THE WORK DONE: CONSISTED OF ASPHALT SLURRY AND ASPHALT REPLACEMENT IMPROVEMENT ON VARIOUS CITY STREETS. (PROJECT NO. 4902.1)
THAT THE CITY OF NORCO, A PUBLIC BODY, CORPORATE AND POLITIC, WHOSE ADDRESS IS 2870 CLARK AVENUE, NORCO, CALIFORNIA, 92860 IS THE OWNER OF SAID IMPROVEMENT WORK; AND THAT SAID WORK WAS PERFORMED BEGINNING MAY 1, 2024, IN THE CITY OF NORCO. THE NATURE OF INTEREST IS VENDEE UNDER CONTRACT.

THAT SAID WORK OF IMPROVEMENT WAS SO PERFORMED BY ALL AMERICAN ASPHALT IN ACCORDANCE WITH SAID WRITTEN AGREEMENT DATED MAY 1, 2024, AND THE DRAWINGS AND SPECIFICATIONS WHICH WERE A PART OF SAID CONTRACT.

NOVEMBER 6, 2024
DATED:

CITY OF NORCO

A MUNICIPAL CORPORATION
BY: __________________________

DANA ROA, CMC

CITY CLERK
VERIFICATION FOR NON-INDIVIDUAL OWNER:

NOVEMBER 6, 2024 ______________________________

DATE DANA ROA, CMC

CITY CLERK

CITY OF NORCO

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City Council

STAFF REPORT
Date: November 6, 2024 Agenda Item:

3.P.

To: Honorable Mayor and City Council Members
From: Lisette Free, Interim City Manager
Prepared By: Kelli Anderson, Communications Manager
Department: Communications
SUBJECT:

New Observance Request: Retired Teachers Week
RECOMMENDATION:

Approve the subcommittee's recommendation to recognize Retired Teachers Week.

SUMMARY:

The California Retired Teachers Association, Division 80, has requested that the City of Norco proclaim the first full week in November as Retired Teachers Week. This observance is not on the approved list of observances, therefore it requires subcommittee review and City Council consideration.

BACKGROUND:

In January 2022, the Norco City Council took action to formally recognize various national holidays, observances and commemorative days (Exhibits A and B). As part of the action, the City Council adopted the following process for new observance requests:
 Step 1: Subcommittee reviews request and makes recommendation to staff  Step 2: City Council determines if the request and recommendation should be approved, denied or amended
New Observance Request
The California Retired Teachers Association (CalRTA) emailed Mayor Bash to request that the City of Norco proclaim the first full week in November, this year November 3-9, 2024, as Retired Teachers Week. According to the California Department of Education, since 1998, the California Retired Teachers Association has sponsored Retired Teachers Week as a way to spotlight members’ extensive volunteerism and encourage others to do the same. This observance is not on the approved list of observances, therefore, it requires subcommittee review and City Council consideration.

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Subcommittee Recommendation
The City Council Subcommittee, consisting of Council Member Robin Grundmeyer and Council Member Katherine Aleman, recommends that Retired Teachers Week be added to the Pre-Approved Observance List (Exhibit B) and be recognized by mailed proclamation. All observance options, including category and manner of recognition, are noted in the chart below. The subcommittee's recommendations are indicated by the "X".

Observance Options
Annual Observance (Exhibit A)
Observances that are automatically recognized in
the approved manner(s) on the appropriate date(s)
or date ranges.

Category
X
Pre-Approved Observance (Exhibit B)
Observances that are pre-approved for recognition
and will be recognized at staff's discretion (i.e., by
request, in conjunction with current events, etc.)
Closure
Event/Program
Gateway Sign
Newsletter
Parade
X Proclamation (To be mailed to the requester)
Manner of
Recognition
Social Media
City Council Consideration
The City Council may approve, deny or amend the recommendation. If approved, Exhibit A or B will be updated to include the new observance and appropriate action will be taken to recognize the observance in the selected manner(s).

FISCAL IMPACT:

There is no fiscal impact.

RELATIONSHIP TO STRATEGIC PLAN:

This agenda item is consistent with Strategic Direction #4 Communication and Stakeholder Experience: Enhance the stakeholder experience, engage the community, and build brand awareness through proactive, effective and consistent communication.

REVIEWED AND APPROVED BY:

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

Exhibit A - Approved Observances
Exhibit B - Pre-Approved Observances

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Month Observance Date Closure Event Gateway Sign Newsletter Parade Proclamation Social Media New Years Day 1-Jan X X X
Martin Luther King Jr. Day Third Monday X X X
Lunar New Year 1-Feb X
National Random Acts of Kindness Day 17-Feb X
Presidents Day Third Monday X X X
National California Day 22-Feb X
Black History Month Month X X X
Daylight Saving Time Second Sunday X
National Vietnam War Veterans Day 29-Mar X
Cesar Chavez Day 31-Mar X
National Women’s History Month Month X X
Ramadan Begins Changes X X
George Alan Ingalls Day 16-Apr X X X X
Rose M. Eldridge Day 16-Apr X X X X
Passover Begins Changes X X
Easter Changes X X X X
National Volunteer Month Month X X
Creation of the Norco Township 13-May X
Mother’s Day Second Sunday in May X
Memorial Day Last Monday in May X X X X X
Asian American and Pacific Islander Heritage Month Month X X X National Preservation Month Month X X
National Trails Day First Saturday in June X
National Flag Day 14-Jun X
Juneteenth 19-Jun X
Father’s Day Third Sunday in June X
LGBTQIA Pride Month Month X X X
Independence Day 4-Jul X X X X X
National Day of the Cowboy Fourth Saturday in July X X X X Parks Make Life Better Month Month X X X X X
National Night Out Day First Tuesday in August X X X X X National Nonprofit Day 17-Aug X
Labor Day First Monday in September X X X
Patriot Day 11-Sep X X X X
National POW/MIA Recognition Day Third Friday in September X X X X National CleanUp Day Third Saturday In September X X X X National Gold Star Mother’s & Families Day Last Sunday in September X National Voter Registration Day Fourth Tuesday in September X Hispanic Heritage Month September 15 to October 15 X X X National Preparedness Month Month X X X
National First Responders Day 28-Oct X
EXHIBIT A: ANNUAL OBSERVANCES
January
February
March
April
June
July
August
September
October
May

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Month Observance Date Closure Event Gateway Sign Newsletter Parade Proclamation Social Media EXHIBIT A: ANNUAL OBSERVANCES
Halloween 31-Oct X X X X
National Fire Prevention Month Month X X X
Day of the Dead 2-Nov X X X X
Daylight Saving Time Ends First Sunday in November X
Election Day Tuesday after first Monday X X X
Diwali Changes X X
Veterans Day 11-Nov X X X X X
Thanksgiving Day Fourth Thursday in November X X X
Small Business Saturday Saturday After Thanksgiving X
Veterans and Military Families Month Month X X X
National Native American Heritage Month Month X X X
Anniversary of the San Bernardino Terrorist Attack 2-Dec X X Christmas Eve 24-Dec X
Christmas 25-Dec X X X X X X
Norco's "Birthday" 28-Dec X
Kwanzaa December 26 – January 1 X X
Hanukkah Changes X X
December
October
November

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Month Observance Date Closure Event Gateway Sign Newsletter Parade Proclamation Social Media National Trivia Day 4-Jan X
Korean American Day 13-Jan X
National Dress Up Your Pet Day 14-Jan X
National Hat Day 15-Jan X
Holocaust Remembrance Day 27-Jan X
School Choice Week Changes X
Human Trafficking Awareness Month Month X X
National Freedom Day 1-Feb X
Korean New Year 1-Feb X
National Girls and Women in Sports Day 2-Feb X
National Boy Scouts Day 8-Feb X
Valentines Day 14-Feb X
National Love Your Pet Day 20-Feb X
Super Bowl Sunday First Sunday X
Spay/Neuter Awareness Month Month X X
National Horse Protection Day 1-Mar X
National Read Across America Day 2-Mar X
National Girl Scout Day 12-Mar X
St. Patrick’s Day 17-Mar X
Anniversary of the First Organized Wheelchair Basketball Game 18-Mar X National Ag Day 19-Mar X X X
National Medal of Honor Day 25-Mar X
National Take a Walk in the Park Day 30-Mar X
Red Cross Month Month X
National Earth Day 22-Apr X
National Picnic Day 23-Apr X
World Wish Day 29-Apr X
National Arbor Day Last Friday in April X
National Adopt a Shelter Pet Day 30-Apr X
National Therapy Animal Day 30-Apr X
Day of the Child Varies X
Donate Life Month Month X X
National Star Wars Day 4-May X
Cinco de Mayo 5-May X
National Day of Prayer First Thursday in May X
National Military Spouse Appreciation Day Friday Before Mother’s Day X Kentucky Derby Day First Saturday in May X
National Fitness Day First Saturday in May X
Peace Officers Memorial Day 15-May X
National Senior Health and Fitness Day 25-May X
National Armed Forces Day Third Saturday in May X
Small Business Week First Week in May X
National Police Week Week of May 15th X
National Military Appreciation Month Month X X X
National Wild Fire Awareness Month Month X X X
EXHIBIT B: PRE-APPROVED OBSERVANCES
February
May
January
April
March

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Month Observance Date Closure Event Gateway Sign Newsletter Parade Proclamation Social Media EXHIBIT B: PRE-APPROVED OBSERVANCES
National Pet Month Month X X
National Drive-In Movie Day 6-Jun X X X X
D-Day 6-Jun X
Social Media Day 30-Jun X
National Safety Month Month X X X
National Post-Traumatic Stress Disorder Awareness Month Month X Hop-a-Park Day First Saturday in July X
National I Love Horses Day 15-Jul X
August National Senior Citizens Day 21-Aug X
September Constitution Week Sept 17-23 X (Mail)
National Coffee with a Cop Day 6-Oct X X X X
Columbus Day Second Monday in October X
Native American Day/Indigenous Peoples’ Day Second Monday in October X Great ShakeOut Third Thursday in October X
National Make A Difference Day Fourth Saturday in October X National Civics Day 27-Oct X X
National Fire Prevention Week Week of October 9 X X
Childhood Cancer Awareness Week Week of October 9-15
Red Ribbon Week Week of October 23-31 X
National Take A Hike Day 17-Nov X
National Day of Giving Tuesday after Thanksgiving X
National Pearl Harbor Remembrance Day 7-Dec X
National App Day 11-Dec X
July
November
December
May
June
October

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City Council

STAFF REPORT
Date: November 6, 2024 Agenda Item:

5.A.

To: Honorable Mayor and City Council Members
From: Lisette Free, Interim City Manager
Prepared By: Colin Burns, City Attorney
Department: Administration
SUBJECT:

Approve of an Exclusive Authorization to Sell Agreement with Kosmont Realty to facilitate the listing, marketing and sale of four Surplus Land properties RECOMMENDATION:

Approve the Exclusive Authorization to sell Agreement with Kosmont Realty to facilitate the listing, marketing and sale of four Surplus Land properties (“Properties”) located at:

Location APN Number
Corona Ave & Second Street 125-160-006
Sierra Ave & Smokewood Drive 127-220-041
Parkridge Ave & Second Street 129-180-005
Acacia Ave 130-162-039
Kosmont Realty will sell the Surplus land in compliance with the Surplus Land Act (“SLA”), AB 1486, at a 6% commission, which will cover both the seller’s and buyer’s agents’ and brokers’ fees, or a minimum commission amount of $25,000 per property, whichever is greater.

SUMMARY:

Kosmont Realty (“KR”) has been performing Surplus Land Act services for the City of Norco for over three years. KR was able to get the properties referenced above cleared from the California Department of Housing and Community Development with an exemption in the statute (less than ½ acre). KR has prepared marketing flyers (Attached under 2), some initial comps and is ready to list them upon City's approval of the Exclusive Authorization to sell Agreement.

BACKGROUND:

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Assembly Bill 1486, effective January 1, 2020, revised the California Surplus Land Act (“SLA”) (first passed in 1968), requires all public agencies to follow a process prior to the sale/lease of surplus property to make land first available for development of affordable housing. KR has hands on experience navigating and satisfying compliance with the requirements of the Surplus Land Act as well as other Government Code 52201, 33433, and 53083 reports that are typically required of public agency dispositions and economic development-based transactions.

KR provides a wide scope of services to facilitate a Surplus Land Act and public-private transaction. KR initiates SLA assignments by meeting clients to discuss future uses, development priorities, and evaluate market data/analytics that could impact the successful marketability of a property asset.

Their due diligence process includes assessment of market conditions, zoning regulations, and environmental factors, ensuring regulatory compliance with the SLA and other related requirements. Their services include preparing SLA “surplus” and “exempt” declarations, managing Notice of Availability (NOA) solicitation processes, and negotiations with respondents. They have extensive experience in structuring public-private transactions and obtaining City Council, Countywide Oversight Boards, California Department of Finance (“DOF”), and California Department of Housing and Community Development (“HCD”) authorizations as may be required.

The properties referenced above have been cleared from the California Department of Housing and Community Development by KR, with an exemption in the statute (less than ½ acre). KR has prepared marketing flyers (Attached under 2), some initial comps and is ready to list them upon City's approval of the Exclusive Authorization to sell Agreement.

The attached Exclusive Authorization to sell Agreement will allow KR to represent the City in the sale of the properties at a 6% commission, covering both the seller’s and the buyer’s agents’ and brokers’ fees, or a minimum commission amount of $25,000 per property, whichever is greater.

FISCAL IMPACT:

The sale of the Surplus Land properties is expected to generate revenue for the City.

The 6% total commission, covering both the seller’s and the buyer’s agents’ and brokers’ fees, or a minimum commission amount of $25,000 per property, whichever is greater, will be paid from the proceeds of the sale of the properties. Proceeds from the sale will be recorded in the general fund under the economic development reserve (121.000.57901 project #600.002) and the proceeds from the sale of the RDA property (Acacia location) recorded in the Housing Successor Agency (018.000.57901).

RELATIONSHIP TO STRATEGIC PLAN:

This action supports Strategic Direction 5 - Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets REVIEWED AND APPROVED BY:

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

Norco Exclusive Agreement To Sell
Norco Flyer 125-160-006
Norco Flyer 127-220-041
Norco Flyer 129-180-005
Norco RDA Flyer 130 162 039

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Kosmont Realty
Mailing Address: 1601 N. Sepulveda Blvd., #382 (424) 297-1076 Physical Address: 2301 Rosecrans Ave., Ste. 4140 Manhattan Beach, CA 90266 www.kosmontrealty.com El Segundo, CA 90245 90245

EXCLUSIVE AUTHORIZATION TO SELL AGREEMENT
The Exclusive Authorization to Sell incorporates, by reference, the following attached documents:

Exhibit A: Schedule of Commissions
The City of Norco (“Owner” or “Seller”) hereby grants to Kosmont Real Estate Services, doing business as Kosmont Realty (“Broker”) the exclusive right to sell certain property owned by the Owner and identified in the list below (“Properties”) for a period commencing on _________________, 2024 and ending at midnight on ______________________, 2025.

Properties
Corona Ave & 2nd St APN: 125-160-006
Sierra Ave N & Smokewood APN: 127-220-041
Parkridge Ave & 2nd St APN: 129-180-005
Acacia Ave APN: 130-162-039

The price and terms of the sale shall be as follows:

In consideration of this Authorization and Broker’s agreement to diligently pursue the procurement of a purchaser for the Properties, or a purchaser and lessees for the Properties, Owner agrees to pay Broker a commission as set forth in the attached Schedule of Commissions, which is made a part of this Agreement.

Owner shall pay said commission to Broker if: (a) the Properties or any interest therein is sold, transferred or conveyed by or through a Broker, Owner or any other party prior to the expiration of this Authorization or any extension hereof; or (b) a purchaser is procured by or through Broker, Owner or any other party who is ready, willing and able to purchase the Properties or any interest therein on terms reasonably acceptable to Owner prior to the expiration of this Authorization or any extension hereof; or (c) any contract for the sale, transfer or conveyance of the Properties or any interest therein is made directly by Owner prior to the expiration of this Authorization or any extension hereof; or (d) the Properties are withdrawn from sale without the written consent of Broker or made unmarketable by Owner’s voluntary act during the term of this Authorization or any extension hereof; or (e) within one hundred eighty (180) days after the expiration of this Authorization or any extension hereof, the Properties or any interest therein is sold, transferred, or conveyed to any person or entity with whom Broker has negotiated or to whom Broker has exposed or shown the Properties prior to such expiration in an effort to effect a transaction provided that such buyer, person or entity to whom Broker has negotiated with or has shown the Properties has been clearly and expressly identified in writing on such list which Broker shall have mailed to Owner at the address below stated within thirty (30) days following such expiration.

If during the terms of this authorization or any extension hereof an escrow is opened or negotiations involving the sale, transfer, or conveyance of the Properties has commenced and is continuing, then the term of this Authorization shall be extended for a period through the closing of such escrow, the

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City of Norco
RE Advisory & Brokerage Services
July 3, 2024
Kosmont Realty 2 | Page
(424) 297-1076
www.kosmontrealty.com
termination of such negotiations or the consummation of such transaction, provided this authorization would otherwise have expired during such period.

Owner agrees that Broker shall be included as a party to any escrow opened for the sale of the Properties and the terms of said escrow shall provide that Broker shall have the right to request the escrow holder to make payment to Broker in the amount of Broker’s commission as set forth on the Schedule of Commissions attached hereto from any sale proceeds and/or deposits held in escrow.

Owner agrees to cooperate with Broker in effecting a sale of the Properties and immediately to refer to Broker all inquiries of any party interested in the Properties. All negotiations are to be through Broker.

Owner agrees to pay all customary escrow, title and revenue charges and to execute such documents as may be necessary to affect a sale of the Properties. Broker is authorized to accept a deposit from any prospective purchaser. Broker is further authorized to advertise the Properties and shall have the exclusive right to place a sign or signs on the Properties if, in Broker’s opinion, such would facilitate the sale or leasing thereof.

It is understood that it is illegal for either Owner or Broker to refuse to present, sell to any person because of race, color, religion, national origin, sex, marital status or physical disability.

Owner warrants that it is the owner of record of the Properties or has the legal authority to execute this Authorization. Owner agrees to hold Broker harmless from any liability or damages arising from any incorrect information supplied by Owner or any information which Owner fails to supply. Owner acknowledges receipt of a copy of this Authorization and the attached Schedule of Commissions, which Owner has read and understands.

DISPUTE RESOLUTION.

Broker and Owner agree to attempt to resolve any claim or controversy by submission to non-binding mediation. Mediation shall be commenced by providing the opposing party with a written notice of the dispute or claim within 30 days of the event giving rise to the dispute or claim or within 30 days after discovery of the conditions giving rise to the dispute or claim, whichever is later. The written notice to the other party shall summarize the basis of the dispute or claim and describe the relief sought. Within 15 calendar days thereafter, if the parties have not reached a mutually satisfactory resolution, the disputing party shall have 15 additional calendar days to submit the dispute to non-binding mediation at the offices of Judicial Arbitration & Mediation Services, Inc. (JAMS) in the county where the Property is located. The parties may agree on a retired judge from the JAMS panel as a mediator. If the parties are unable to agree, JAMS will provide a list of three (3) available judges and each party may strike one. The remaining judge will serve as the mediator. Within 15 calendar days of commencement of mediation, each party agrees to produce any and all documents relied upon to prove or defend their claims. The assessment of the mediator shall be an appealable result, but only if the appealing party files a court action within 30 days after the mediator’s assessment is rendered. Each party shall bear its own costs of mediation including its own attorneys’ fees and related costs, and each party shall pay an equal share of the costs of the mediator’s fees and expenses.

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City of Norco
RE Advisory & Brokerage Services
July 3, 2024
Kosmont Realty 3 | Page
(424) 297-1076
www.kosmontrealty.com
By signing below, Seller and Buyer acknowledge that they have read, understand, accept and have received a copy of this Agreement.

Owner:

City of Norco
Broker:

Kosmont Real Estate Services, a
California corporation
CA DRE #: 02058445
Signature:
___________________________
Signature:
___________________________
Print Name:
___________________________
Print Name:

Larry J. Kosmont
Date:
___________________________
Date:
___________________________
Address:
2870 Clark Avenue
Norco, CA 92860
Address:
1601 N. Sepulveda Blvd., #382
Manhattan Beach, CA 90266
Telephone:
___________________________

Telephone:
(424) 297-1070__________________

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City of Norco
RE Advisory & Brokerage Services
July 3, 2024
Kosmont Realty 4 | Page
(424) 297-1076
www.kosmontrealty.com

EXHIBIT A
SCHEDULE OF COMMISSIONS (for Brokerage Services)
Kosmont Real Estate Services, doing business as Kosmont Realty (“Broker”) is hereby employed as the agent for the City of Norco (“Owner” or “Seller”) in connection with the:

Sale Lease Sublease Other
of that certain property owned by the Owner and referred to by Owner as:

Properties
Corona Ave & 2nd St APN: 125-160-006
Sierra Ave N & Smokewood APN: 127-220-041
Parkridge Ave & 2nd St APN: 129-180-005
Acacia Ave APN: 130-162-039
(hereinafter referred to as “Properties”)
Owner agrees to pay Broker, in consideration for their brokerage services relative to the above referenced Properties, a commission computed as follows:

A. SALES, EXCHANGES, AND OTHER TRANSFERS

1. Vacant Real Property: 6% of the gross sales price or independently appraised value of the parcel or a minimum commission amount of $25,000 per property, whichever is greater. For a ground lease, 4% of the total base rent for the first thirty (30) years of the term of the lease; or a minimum commission amount of $25,000 per property, whichever is greater.

This 6% will pay for both seller's and buyer's agents' and brokers' commission.

2. Improved Real Property: 6% of the gross sales price or independently appraised value of the parcel or a minimum commission amount of $25,000 per property, whichever is greater. Additionally, for any lease negotiated, 6% of lease rate for initial term and 3% for subsequent lease periods and options. This 6% will pay for both seller's and buyer's agents' and brokers' commission.

3. Commissions shall be paid through escrow upon the closing of sales and exchange transactions; absent an escrow; commissions shall be paid upon recordation of a deed or upon delivery of such deed or other conveyance if recordation is deferred more than one month thereafter. In the event of a contract or agreement of sales, joint venture agreement, business opportunity or other transaction not involving the delivery of a deed, commissions shall be paid upon execution and delivery of the instrument of conveyance or establishment of the entitlement of ownership.

Miscellaneous:

The provisions hereof are subject, however, to the terms and provisions of any Exclusive Authorization to Sell to which this Schedule may be attached, and which is executed by the parties hereto.

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City of Norco
RE Advisory & Brokerage Services
July 3, 2024
Kosmont Realty 5 | Page
(424) 297-1076
www.kosmontrealty.com
The parties hereto intend for this Exclusive Authorization to Sell and Schedule of Commissions to satisfy the requirements of the Civil Code, Business and Professions Code, and regulatory requirements relative to verifying Broker’s authority to act on behalf of Owner and Owner’s obligation to pay Broker commissions therefore, in accordance herewith.

In the event Owner fails to make payments within the time limits called for herein, then from the date due until paid the delinquent payment shall bear interest at the rate of 10% per annum.

By signing below, Owner and Broker acknowledge that they have read, understand, accept and have received a copy of this Agreement.

Owner:

City of Norco
Broker:

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PROPERTY DETAIL
Address Second St. and Corona Ave., Norco, CA 92860
Current Use Vacant
Zoning Agricultural Low Density (A-1-20)
Ownership City of Norco
County Riverside County
Parcel No. 125-160-006
Land Area 19,602 SF
Building Area
Listing Price

SITE HIGHLIGHTS
• Sizable vacant lot with development potential.
• Zoning permits single-family detached residential use, agricultural uses, public parks and playgrounds.
• Within short driving distance to Norco Hills Park, Hidden Valley Golf Club, and other entertainment-based activities (e.g. Star Bright Riding Academy).
• Close to commercial, retail, and restaurant uses along major commercial corridor on Hamner Avenue (i.e. Target, WinCo, Stater Bros., In N Out Burger, Bowlero Norco, and Kmar Farms, etc.)
• Convenient access to multi modes of transportation (Bus, Metro Rail, I-15 freeway)
• Average Household Incomes ($148k) within 1-mile radius of property
• Less than 1 mile to Norco Elementary School and Norco High School.

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CONTACT
Brian Moncrief
Senior Managing Director
CA DRE #01932052
(805) 469-7364
[email protected]
Stephanie Ontiveros
Director
CA DRE #02213331
(559) 970-0094
[email protected]
Kosmont Real Estate Services
1601 N. Sepulveda Blvd, #382
Manhattan Beach, CA 90266
TEL: (424) 297-1070
www.kosmontrealty.com
DISCLAIMER: Do not rely on any measurements or placements of any improvements depicted or shown herein, as they are estimates only. The information above has been obtained from sources believed reliable. While we do not doubt its accuracy, we have not verified the data and make no guarantee, warranty or representations whatsoever. It is your responsibility to independently confirm its accuracy and completeness. Any projections, opinions, assumptions or estimates used are for example only and do not represent the current or future performance of the property(ies). The value of this transaction to you depends on multiple factors, which should be evaluated by your tax, financial, and legal advisors. No express or implied representations have been made regarding any conditions pertaining to soil and/or toxic waste, hazardous materials, and/or undesirable substances in or on the property(ies). You and your advisors should conduct a careful, independent investigation of the property(ies) to determine to your satisfaction the suitability of the property(ies) for your needs. The Seller may continue to solicit offers if, in its respective sole determination, is not satisfied with the offers received. Development entitlements and sale of property(ies) subject to City/Public Agency approval.

POPULATION

HOUSEHOLDS

MEDIAN AGE
DEMOGRAPHIC INFORMATION - 2024
1 MILES 3 MILES 5 MILES
4,996 88,527 205,554
1,569 25,373 58,139

38.2 34.2 33.8

INCOME & HOME VALUES
Med. Home Value $115,475 $100,404 $112,732
Avg. HH Income $148,087 $131,345 $151,152
Street View Parcel Map

REGIONAL MAP
1 mile
SITE
3 mile
5 mile
DRAFT

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PROPERTY DETAIL
Address Sierra Ave N. and Smokewood Dr., Norco, CA 92860 Current Use Vacant
Zoning Agricultural Low Density (A-1-20)
Ownership City of Norco
County Riverside County
Parcel No. 127-220-041
Land Area 6,098 SF
Building Area
Listing Price

SITE HIGHLIGHTS
• Vacant lot within a well-established neighborhood that presents an incredible investment opportunity.
• Zoning permits single-family detached residential use, agricultural uses, public parks and playgrounds.
• Proximate to community parks (i.e. Parmenter Park) and other local recreation amenities (Norco Equestrian
Academy, Hidden Valley Golf Club)
• Close to Hamner Avenue commercial corridor which
provides a variety of commercial, retail, and restaurant uses (i.e. Target, WinCo, Stater Bros., etc)
• Average Household Incomes ($134k) within 3-mile radius of property.
• Within ½ mile of Norco College and 2 miles to Norco
Elementary School, Norco Intermediate and Norco High
School.

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POPULATION

HOUSEHOLDS

MEDIAN AGE
DEMOGRAPHIC INFORMATION - 2024
1 MILES 3 MILES 5 MILES
4,736 89,633 305,479
1,506 25,579 86,732

38.4 34.9 33.7

INCOME & HOME VALUES
Med. Home Value $606,646 $617,911 $591,628
Avg. HH Income $120,603 $134,467 $127,581
Street View Parcel Map

REGIONAL MAP
1 mile
SITE
3 mile
5 mile
DRAFT

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PROPERTY DETAIL
Address Parkridge Ave and Second St., Norco, CA 92860
Current Use Vacant
Zoning Agricultural Low Density (A-1-20)
Ownership Norco Community Service District
County Riverside County
Parcel No. 129-180-005
Land Area 17,860 SF
Building Area
Listing Price

SITE HIGHLIGHTS
• Sizable vacant lot with development potential in the City of Norco.
• Zoning permits single-family detached residential use, agricultural uses, public parks and playgrounds.
• Walking distance to Fairview Park and Kips Korner Park and short driving distance to the YMCA.
• Close to Norco River Road Shopping Center and Hamner
Avenue commercial corridor which provides access to a
variety of commercial, retail, and restaurant uses (i.e. Target, WinCo, Stater Bros., LA Fitness, Hobby Lobby, etc).
• Convenient access to I-15 freeway off Second Street.
• Average Household Incomes ($129k) within 1-mile radius of property.
• Less than 1 mile to Bower Elementary School, GW Elementary School, and Auburndale Intermediate School; within 2 miles of Norco High School.

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POPULATION

HOUSEHOLDS

MEDIAN AGE
DEMOGRAPHIC INFORMATION - 2024
1 MILES 3 MILES 5 MILES
10,544 88,413 276,337
3,174 24,843 79,630

36.8 33.7 34.3

INCOME & HOME VALUES
Med. Home Value $595,824 $598,341 $602,672
Avg. HH Income $129,464 $120,834 $133,589
Street View Parcel Map

REGIONAL MAP
1 mile
SITE
3 mile
5 mile
DRAFT

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PROPERTY DETAIL
Address Acacia Ave., Norco, CA 92860
Current Use Vacant
Zoning Residential (R-1)
Ownership Successor Agency of the City of Norco
County Riverside County
Parcel No. 130-162-039
Land Area 9,148 SF
Building Area
Listing Price

SITE HIGHLIGHTS
• Vacant residential lot with great development potential in the City of Norco.
• Zoning allows for single-family residential use.
• Close to community parks (Clark Memorial Park and Norco Community Center Park, Riley Gymnasium) as well as
SilverLakes Equestrian and Sports Park.
• Close to major commercial corridor (Hamner Avenue) with many desirable commercial, retail, and restaurant uses (i.e.

Dutch Bros Coffee, Rite Aid, Grocery Outlet, etc.).
• Convenient access to I-15 freeway off Sixth Street.
• Average Household Incomes ($162k) within 3-mile radius of property.
• Walking distance to Highland Elementary School and within 3 miles of Norco High School and Norco College.

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POPULATION

HOUSEHOLDS

MEDIAN AGE
DEMOGRAPHIC INFORMATION - 2024
1 MILES 3 MILES 5 MILES
5,250 101,999 271,318
1,510 26,140 74,881

37.8 34.2 33.5

INCOME & HOME VALUES
Med. Home Value $642,439 $632,198 $602,938
Avg. HH Income $146,189 $162,990 $132,714
Street View Parcel Map

REGIONAL MAP
1 mile
SITE
3 mile
5 mile
DRAFT

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City Council

STAFF REPORT
Date: November 6, 2024 Agenda Item:

5.B.

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

Discussion regarding increasing City of Norco’s public noticing radius requirements for entitlement applications
RECOMMENDATION:

Discuss existing provisions for the City of Norco's public noticing requirements and recommend changes as appropriate.

SUMMARY:

The City Council initiated a discussion about increasing the City’s public noticing requirements. This report provides a summary of the existing requirements, the City Council’s recommendations, and staff’s research regarding the issue.

BACKGROUND:

CURRENT STANDARDS AND BACKGROUND: The State of California requires all projects requiring a public hearing to notify surrounding property owners within a 300- foot radius. The City's current requirements meets the state's notice requirements. For entitlement applications (i.e. a CUP, Variance, Parcel/Tract Maps, etc.) that require a public hearing, Chapter 18.43.06 of the Zoning code currently requires that properties within a 300-foot radius of a project site be notified, provided that there are at least 25 properties captured within the noticing radius. If there are less than 25 properties within the 300-foot radius, the radius size must be increased until at least 25 properties are captured.

During the September 18, 2024, City Council meeting, the City Council directed Planning staff to investigate increasing the city’s notification radius for entitlement applications that require public noticing, to appropriately notify all properties potentially affected by a development, particularly when a development occurs in a street that is in, or leads to, a cul-de-sac.

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CITY COUNCIL RECOMMENDATION: The City Council recommended a discussion on increasing the radius requirement to 500 feet with a minimum of 40 properties captured, to address the issue of properties located at the end of a cul-de-sac not within the notification radius, particularly when a project is proposed at the beginning of a cul-de-sac.

There is an area of concern when specifying a minimum of properties that should be captured. Having a minimum number of properties as part of a radius requirement leaves the “final” radius size at the discretion of the applicant. This creates an inconsistent process, with varying results.

Using the city’s current radius requirements of 300 feet with a minimum of 25 properties captured as an example, if a project initially draws a 300-foot radius and the minimum number of properties isn’t met, the applicant can increase the radius size to an arbitrary distance until at least 25 properties are captured. This number can be 350, 351, 360, or 400 feet, etc. The resulting number of properties will also inadvertently vary, depending on the radius size ultimately chosen by the applicant.

To mitigate this issue, staff is recommending that the City Council consider increasing the notification radius size to 600 feet and eliminating the minimum number of properties captured. Staff ran various models throughout the city and found that a 600- foot radius captures on average about 50-55 properties. Additionally, the median length of a cul-de-sac in Norco is about 500 feet. Using a 600-foot noticing radius gives a 100- foot “buffer” for a longer cul-de-sac, or a cul-de-sac that twists/bends within a neighborhood. A 600-foot radius with no required minimum properties captured also standardizes the city noticing requirements in terms of radius size, eliminating the need to increase the radius to an arbitrary distance if a minimum number of properties are not met.

AFFECTED ENTITLEMENT APPLICATIONS: As noted, noticing is required for entitlement applications that require a public hearing such as conditional use permits, variances, zone changes, parcel maps, tract maps, and general plan amendments.

Additionally, review and approval of an Accessory Building Use Permit by the Planning Commission does not require a public hearing, but does require the same surrounding property owner notification as those that require a public hearing.

Site Plan Reviews: A Site Plan Review is an entitlement type that is reviewed by the Planning Commission, but per Code, does not require notification of surrounding property owners. However, Staff in practice, has been noticing the surrounding property owners of projects involving a Site Plan Review. Staff recommends codifying noticing requirements to this application type to formalize this process.

RECOMMENDATION: Staff recommends that the City Council direct staff to draft a Zoning Code Amendment incorporating one of the options below:

A. Increase the notification radius to 500 feet with a minimum of 40 properties captured.

B. Increase the notification radius to 600 feet with no minimum properties captured.

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C. Increase the notification radius to 500 feet with a minimum of 40 properties captured and apply the same requirements to Site Plan Review applications.

D. Increase the notification radius to 600 feet with no minimum properties captured and apply the same requirements to Site Plan Review applications.

E. Other: Any other alternative provision related to notification radius requirements not discussed above.

FISCAL IMPACT:

Not applicable for this item.

RELATIONSHIP TO STRATEGIC PLAN:

This item is consistent with Communication and Stakeholder Experience: Enhance the stakeholder experience, engage the community, and build brand awareness through proactive, effective and consistent communication.

REVIEWED AND APPROVED BY:

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

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City Council

STAFF REPORT
Date: November 6, 2024 Agenda Item:

6.A.

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

Public Hearing: First Read of Ordinance No. 1126: Zone Code Amendment 2024-05 (City of Norco): A City initiated amendment to Title 18, Chapter 18.13 – A-1 (Agricultural Low-Density) Zone and Chapter 18.68 - Accessory Building Use Permits, to update the requirements for open animal-keeping areas with the approval of an accessory building.

RECOMMENDATION:

Adopt the first reading of Ordinance No. 1126, approving Zone Code Amendment 2024-

05. SUMMARY:

Zone Code Amendment (ZCA) 2024-05 is a result of discussions by both the Planning Commission about the provision for animal-keeping areas to determine if changes/updates (i.e. increase in size) may be warranted. ZCA 2024-05 will commence a program of amendments aimed to improve the provisions and requirements for animal-keeping areas.

BACKGROUND:

The Planning Commission initiated a discussion about the provision for animal-keeping areas to determine if changes/updates (i.e. increase in size) may be warranted. The Planning Commission discussed potential changes on its regular meetings on April 10, 2024, May 8, 2024, and June 12, 2024, where the scope of the changes were narrowed down to two key areas/items. These key items were also discussed with the City Council on August 21, 2024, who concurred with the changes then directed staff to initiate a Zone Code Amendment.

The Planning Commission discussed ZCA 2024-05 on October 9, 2024, and their recommendation is reflected in the discussion below. The changes proposed with this ZCA are as follows:

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I. OPEN ANIMAL KEEPING AREA (AKA) SIZE CHANGES
AKA Dimensions: Staff was directed to develop a “sliding scale” to accommodate a minimum dimension of at least 30 feet for AKAs, to make it consistent with the current 30-foot width requirement for Primary Animal Keeping Areas (PAKAs), while minimizing non-conforming situations for smaller lots that are unable to accommodate a 30-foot-wide AKA.

Norco Municipal Code (NMC) 18.13.20(C) currently requires an AKA to be at least 24 feet wide, regardless of lot size:

C. A contiguous open animal area shall be rectangular in shape with a minimum of 24 feet on any side. The total open area shall be equal to the allowed number of animal units multiplied by 576 square feet. The contiguous open animal areas shall be free of any structures that require a building permit.

On lots one acre or less, the contiguous open area shall be one contiguous area.

ZCA 2024-05 is proposing that the first two sentences of the above code section be replaced with the following table, showing the minimum dimensions on any side that would increase as the lot increases in size. The dimensions would be in addition to the existing five-foot buffer requirement from property line and structure:

Lot Size Min. Open Animal Keeping
Area Dimension
Min. Open Animal
Keeping Area Size
Less than
20,000 sq. ft. 24’ on any side
20,000 but less than 25,000
sq. ft. 30’ on any side
25,000 but less than 30,000
sq. ft. 35’ on any side
30,000 but less than 35,000
sq. ft. 40’ on any side
35,000 but less than 40,000
sq. ft. 45’ on any side
40,000 but less than 45,000
sq. ft. 50’ on any side
45,000 but less than 50,000
sq. ft. 55’ on any side
50,000 but less than 55,000
sq. ft. 60’ on any side
55,000 sq. ft and above 65’ on any side
Total number of AUs x
576 SF
ZCA 2024-05 is also recommending that Chapter 18.68 - "Accessory Building Use Permit" cross reference NMC Chapter 18.13.20(C), for the required AKA and its standards with the approval of an accessory building. The attached ordinance has been drafted to reflect amending NMC Chapter 18.68.20 to state that:

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"an open animal keeping area is required per the requirements in NMC Chapter

18.13.20 (C)", in the applicable sections.

The changes above will only be applicable to the AKAs (for when accessory buildings are proposed). At this time, no changes will be applicable to the existing or newly recorded Primary Animal Keeping Arears (PAKAs) created via a property subdivision.

AKA Size: The Planning Commission instructed staff to also investigate the possibility of creating a "sliding scale" to increase not only the dimensional requirements (noted above), but the size of the area as well. However, after discussion, the Planning Commission noted that with the existing provisions (number of allowed animal units x 576 square feet) the size of the the AKA already steadily increases as the size of the lot increases. In other words, the larger the lot, the larger the AKA.

As an alternative option, staff was directed to look at increasing the required size of the AKA from 576 to 806 square feet per animal unit. Following discussion, it was noted that this option would have a greater impact on smaller lots, than it would on larger lots thus creating a disadvantage on smaller lots. Ultimately, the Planning Commission voted 4-1 (Sullivan), to recommend approval of ZCA 2024-05 without change the requirements for size.

II. ALLOWED STRUCTURES IN PAKA and AKAs
ZCA 2024-05 has been drafted to clarify that no non-animal keeping structures are allowed in the AKA by amending the same section noted above [Chapter (NMC)

18.13.20(C)], to add the "sliding scale" table for AKA dimensions" and also include the following statement:
"Structures that are exempt from the requirements of a building permit are allowed in the open animal keeping area, provided they are animal-keepings shelters." (Note: Staff will be addressing the allowances within the PAKA's under a separate Zone Code amendment since it may affect not only sections of the NMC, but residential specific plans as well. Staff is recommending that a recommendation also be formulated with the assistance of the ad-hoc committee if it is ultimately formed).

Planning Commission October 09, 2024: As noted, the Planning Commission voted 4-1 (Sullivan), to recommend approval of ZCA 2024-05. Commission Chair Sullivan had concerns that adequate turn-out areas should be required. To address this issue, the Planning Commission directed staff to agenized a discussion on forming an ad-hoc committee to analyze and recommend the best approach to increase the required animal-keeping area/size (especially to accommodate a turn-out area), in a manner that minimizes discrepancies on smaller versus larger lots.

Conclusion: The full redlined changes to the zoning code are outlined in Exhibit A. The proposed changes are minor at this time, but are a step in the right direction on how the City continues to protect and promote animal-keeping, both today and into the future, protecting Norco's unique lifestyle in perpetuity. The efforts to enhance the animal keeping requirement's for both the PAKAs and AKAs will continue with the assistance of the ad-hoc committee.

FISCAL IMPACT:

Not applicable to this item.

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RELATIONSHIP TO STRATEGIC PLAN:

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

REVIEWED AND APPROVED BY:

Approved by: Lisette Free, Interim City Manager
ATTACHMENT(S):

CC Ordinance 1126 for Zone Code Amendment 2024-05
Exhibit A - Zoning Code Redlines

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ORDINANCE NO. 1126

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, APPROVING ZONE CODE AMENDMENT 2024-05: A CITY INITIATED AMENDMENT TO TITLE 18, CHAPTER 18.13 – A-1
(AGRICULTURAL LOW-DENSITY) ZONE AND CHAPTER 18.68 -

ACCESSORY BUILDING USE PERMITS, TO UPDATE THE

REQUIREMENTS FOR OPEN ANIMAL-KEEPING AREAS WITH THE
APPROVAL OF AN ACCESSORY BUILDING.

WHEREAS, the CITY OF NORCO initiated Zone Code Amendment 2024-05, a proposal to amend Chapter 18.13 of the Norco Municipal Code Title 18 (Agricultural Low-Density) and Chapter 18.68 of the Norco Municipal Code Title 18 (Accessory Building Use Permits) ; and
WHEREAS, the Zone Code Amendment was duly submitted to said City’s Planning Commission for decision at a public hearing for which proper notice was given; and WHEREAS, the Zone Code Amendment was scheduled for public hearing on October 9, 2024 on or about 7 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California 92860; and
WHEREAS, at the time set, the Planning Commission held a public hearing and received both oral and written testimony pertaining to the Zone Code Amendment; and WHEREAS, the Planning Commission adopted Resolution 2024-23, recommending approval of Zone Code Amendment 2024-05 to the City Council; and WHEREAS, the Zone Code Amendment was duly submitted to said City’s City Council for decision at a public hearing for which proper notice was given; and WHEREAS, the Zone Code Amendment was scheduled for public hearing on November 6, 2024 on or about 7 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California 92860; and
WHEREAS, at the time set, the City Council held a public hearing and received both oral and written testimony pertaining to the Zone Code Amendment; and WHEREAS, the City of Norco acting as the Lead Agency has determined that this Zone Code Amendment is exempt from review under the California Environmental Quality Act (CEQA).

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

I. FINDINGS.

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Ordinance No.1126 for Zone Code Amendment 2024-05
November 6, 2024

Page 2 ends

A. The proposed Zone Code Amendment is necessary as it updates the City’s provisions pertaining to open animal keeping areas in A-1 zoned lots to allow for increased usability and to support animal-keeping in the City.

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

C. The proposed Zone Code Amendment will not be detrimental to the public convenience, health, safety, or general welfare of the City, as the amendment strengthens the city’s commitment to the usability of open animal keeping areas in A-1 zones, thus helping maintain the rural atmosphere desired by its residents.

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

II. DETERMINATION:

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

SECTION 1:

Title 18 (Zoning) of the Norco Municipal Code, Section 18.13 (Agricultural Low Density) is hereby amendment to read as follows:

Section 18.13.20(C) shall be amended to read as follows:

C. A contiguous open animal keeping area shall be rectangular in shape, with minimum dimensions and size prescribed by the table below. The contiguous open animal areas shall be free of any structures that require a building permit. Structures that are exempt from the requirements of a building permit are allowed in the open animal keeping area, provided they are animal-keepings shelters. On lots one acre or less, the contiguous open area shall be one contiguous area.

Lot Size Min. Open Animal Keeping
Area Dimension
Min. Open Animal
Keeping Area Size

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Ordinance No.1126 for Zone Code Amendment 2024-05
November 6, 2024

Page 3 ends

Less than
20,000 sq. ft. 24’ on any side
Total number of AUs x
576 SF
20,000 but less
than 25,000 sq. ft. 30’ on any side
25,000 but less
than 30,000 sq. ft. 35’ on any side
30,000 but less
than 35,000 sq. ft. 40’ on any side
35,000 but less
than 40,000 sq. ft. 45’ on any side
40,000 but less
than 45,000 sq. ft. 50’ on any side
45,000 but less
than 50,000 sq. ft. 55’ on any side
50,000 but less
than 55,000 sq. ft. 60’ on any side
55,000 sq. ft and
above 65’ on any side
Title 18 (Zoning) of the Norco Municipal Code, Section 18.68 (Accessory Building Use Permits) is hereby amendment to read as follows:

Section 18.68.20(1)(i) shall be amended to read as follows:
(i) A five-foot buffer shall be maintained around the required open animal keeping area where the open animal area is adjacent to a property line or an existing or proposed structure. An open animal keeping area is required per the requirements in NMC Chapter 18.13.20 (C).

Section 18.68.20(2) shall be amended to read as follows:

Add Section (l):
(l) A five-foot buffer shall be maintained around the required open animal keeping area where the open animal area is adjacent to a property line or an existing or proposed structure. An open animal keeping area is required per the requirements in NMC Chapter 18.13.20 (C).

Section 18.68.20(3)(i) shall be amended to read as follows:
(i) A five-foot buffer shall be maintained around the required open animal keeping area where the open animal area is adjacent to a property line or an existing or proposed

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Ordinance No.1126 for Zone Code Amendment 2024-05
November 6, 2024

Page 4 ends

structure. An open animal keeping area is required per the requirements in NMC Chapter 18.13.20 (C).
##
SECTION 2. EFFECTIVE DATE: This Ordinance shall become effective 30 days after final passage thereof.

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

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

PASSED AND ADOPTED by the City Council of the City of Norco, California at a regular meeting held November 20, 2024.
__________________________
Kevin Bash, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California

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Ordinance No.1126 for Zone Code Amendment 2024-05
November 6, 2024

Page 5 ends

I, DANA ROA, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Norco, California, duly held on November 6, 2024 and thereafter at a regular meeting of said City Council duly held November 20, 2024, it was duly passed and adopted by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on November 20, 2024.
________________________
Dana Roa, CMC, City Clerk
City of Norco, California

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EXHIBIT A
ZONING CODE AMENDMENT 2024-05 REDLINES
Permitted Coverage in A-1 Zone
Amend Section 18.13.20(C)
C. A contiguous open animal keeping area shall be rectangular in shape, with a minimum of 24 feet on any side. The total open area shall be equal to the allowed number of animal units multiplied by 576 square feet. with minimum dimensions and size prescribed by the table below. The contiguous open animal areas shall be free of any structures that require a building permit. Structures that are exempt from the requirements of a building permit are allowed in the open animal keeping area, provided they are animal-keepings shelters. On lots one acre or less, the contiguous open area shall be one contiguous area.

Lot Size Min. Open Animal Keeping
Area Dimension
Min. Open Animal
Keeping Area Size
Less than
20,000 sq. ft. 24’ on any side
20,000 but less than
25,000 sq. ft. 30’ on any side
25,000 but less than
30,000 sq. ft. 35’ on any side
30,000 but less than
35,000 sq. ft. 40’ on any side
35,000 but less than
40,000 sq. ft. 45’ on any side
40,000 but less than
45,000 sq. ft. 50’ on any side
45,000 but less than
50,000 sq. ft. 55’ on any side
50,000 but less than
55,000 sq. ft. 60’ on any side
55,000 sq. ft and above 65’ on any side
Total number of AUs x
576 SF
Size, Layout, and Design of Accessory Buildings – Large Vehicle Parking Amend Section 18.68.20(1)(i):
(i) A five-foot buffer shall be maintained around the required open animal keeping area where the open animal area is adjacent to a property line or an existing or proposed structure. An open animal keeping area is required per the requirements in NMC Chapter 18.13.20 (C)
Size, Layout, and Design of Accessory Buildings – Animal Keeping Shelters Add Section l to Section 18.68.20(2):

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(l) A five-foot buffer shall be maintained around the required open animal keeping area where the open animal area is adjacent to a property line or an existing or proposed structure. An open animal keeping area is required per the requirements in NMC Chapter 18.13.20 (C)
Size, Layout, and Design of Accessory Buildings – All Other Accessory Buildings Amend Section 18.68.20(3)(i):
(i) A five-foot buffer shall be maintained around the required open animal keeping area where the open animal area is adjacent to a property line or an existing or proposed structure. An open animal keeping area is required per the requirements in NMC Chapter 18.13.20 (C)

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Norco City CouncilNovember 6, 2024

Norco City Council
November 6, 2024