AGENDA
City Council
Wednesday, March 18, 2026
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL TO ORDER 6:00 PM
ROLL CALL Robin Grundmeyer, Mayor
Gregory Bowen, Mayor Pro Tem
Kevin Bash, Council Member
Greg Newton, Council Member
Fia Sullivan, Council Member
CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Gov. Code §54956.8
Property: APNs 119-020-015 and 119-020-022, located at or near River Road and Second Street, Norco, California
Agency Negotiators: City Manager, City Attorney and Director of Community Development
Negotiating Parties: RBE Norco-JFH 1 LLC (Douglas Jacobson) Under Negotiation: Price and terms of potential disposition, development, or other use of City-owned property, including whether to enter into negotiations with the identified party and issues relating to prior purchase and sale agreements.
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Bonanza Properties, LLC v. City of Norco
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: People of the State of California ex rel. City Attorney v. Bonanza Properties, LLC
CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (1 potential case)
CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (1 potential case)
RECONVENE PUBLIC SESSION 7:00 PM
REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
City Council Agenda - March 18, 2026
PLEDGE OF ALLEGIANCE Councilmember Bash
INVOCATION Pastor Lazaro Santiago
Beacon Hill
PRESENTATIONS Introduction of Fire Chief Fish
1. CITY COUNCIL REPORTS ON REGIONAL BOARDS
2. PUBLIC COMMENTS
This is the time when persons wishing to address the presiding governmental body regarding the Consent Calendar, Legislative Matters or items within the subject matter jurisdiction of the legislative body. Please submit a speaker card to the Meeting Clerk. Please limit comments to three minutes or less. The Ralph M. Brown Act limits the governmental body’s ability to respond to comments on non-agendized matters at the time such comments are made. The governmental body shall not discuss or act relative to any general public comment.
3. CONSENT CALENDAR
All items listed under the Consent Calendar are considered to be routine and may be enacted by one motion. Prior to the motion to consider any action by the presiding governmental body, any public comments on any of the Consent Items will be heard. There will be no separate action unless members of the governmental body or the audience request specific items be removed from the Consent Calendar. Items removed from the Consent Calendar will be separately considered under Item 3 of the Agenda.
3.A. Waive Reading of All Ordinance Adoptions on this Agenda and Read by Title Only
RECOMMENDATION:
Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.
3.B. Approval of City Council Regular Meeting Minutes
RECOMMENDATION:
Approve the City Council Regular Meeting Minutes of March 4, 2026.
Staff Report - Pdf
City Council Agenda - March 18, 2026
3.C. Adopt Resolution 2026-12 to amend the FY 2025-26 Capital Improvement Program (CIP) Budget to add the Hamner Avenue Sound Wall Improvement Project and approve the proposal from RKA Consulting Group to provide Professional Engineering Services for the Hamner Avenue Sound Wall Improvement Project
RECOMMENDATION:
Adopt Resolution 2026-12 to amend the FY 2025-26 CIP Budget to add the Hamner Avenue Sound Wall Improvement Project; accept the design services proposal and award a contract to RKA Consulting Group in the amount of $194,784 and authorize the City Manager to approve contract change orders up to 10 percent of the total proposal amount.
Staff Report - Pdf
3.D. Second Reading and Adoption of An Ordinance of the City Council of the City of Norco Increasing Council Member Compensation
RECOMMENDATION:
Adopt the attached Ordinance Increasing Council Member Compensation.
Staff Report - Pdf
3.E. Second Reading and Adoption of Ordinance No.1139 adopting Zone Code Amendment 2026-01 (City of Norco): A City-Initiated amendment to Title 18, Chapter 18.02, "Definitions", and Chapter 18.59 "Rooming and Boarding House", to update and clarify the provisions in the Norco Municipal Code for compliance with State law and the City of Norco's 2021-2029 Housing Element
RECOMMENDATION:
Adopt Ordinance No. 1139 approving Zone Code Amendment 2026-01.
Staff Report - Pdf
3.F. Approval of a Professional Services Agreement with Fehr & Peers for a Supplemental Emergency Evacuation Assessment and Adoption of Resolution No. 2026-11 Appropriating $35,000
RECOMMENDATION:
Approve Professional Services Agreement with Fehr & Peers for a Supplemental Emergency Evacuation Assessment and Adopt Resolution No. 2026-11 Appropriating $35,000.
Staff Report - Pdf
City Council Agenda - March 18, 2026
3.G. Acceptance of Bids and Award of Contract for the FY 2025-26 Equestrian Trail Fencing Project (Various Locations)
RECOMMENDATION:
Accept bids and award a contract to Valley Cities Gonzales Fence, Inc. for the Fiscal Year 2025-26 Equestrian Trail Fencing Project (Various Locations) in the amount of $214,050; and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.
Staff Report - Pdf
3.H. Acceptance of Bids, Approve Project Plans, and Award Contract for the Fire Station 47 HVAC Replacement (Project No. 54303.15) RECOMMENDATION:
Accept bids, approve project plans, and award contract to Allison Mechanical, Inc. in the amount of $360,500 for the Fire Station 47 HVAC Replacement Project; and authorize the City Manager to approve contract change orders up to 10% of the original contract.
Staff Report - Pdf
City Council Agenda - March 18, 2026
3.I. Consideration of Resolutions Authorizing the Preparation of the Fiscal Year 2026-2027 Engineer's Reports for Landscape Maintenance Districts 1-5 RECOMMENDATION:
Adopt Resolution No. 2026-13 - A Resolution of the City Council of the City of Norco, California, Ordering the Preparation of the Engineer’s Report for Landscape Maintenance District No. 1 (Beazer, Tract 28765) to Establish Annual Assessments for Fiscal Year 2026-2027.
Adopt Resolution No. 2026-14 - A Resolution of the City Council of the City of Norco, California, Ordering the Preparation of the Engineer’s Report for Landscape Maintenance District No. 2 (Western Pacific, Tract 25779) to Establish Annual Assessments for Fiscal Year 2026-2027.
Adopt Resolution No. 2026-15 - A Resolution of the City Council of the City of Norco, California, Ordering the Preparation of the Engineer’s Report for Landscape Maintenance District No. 3 (Centex, Tract 28626) to Establish Annual Assessments for Fiscal Year 2026-2027.
Adopt Resolution No. 2026-16 - A Resolution of the City Council of the City of Norco, California, Ordering the Preparation of the Engineer’s Report for Landscape Maintenance District No. 4 (Norco Ridge Ranch, Tracts 29588 and 29589) to Establish Annual Assessments for Fiscal Year 2026-2027.
Adopt Resolution No. 2026-17 - A Resolution of the City Council of the City of Norco, California, Ordering the Preparation of the Engineer’s Report for Landscape Maintenance District No. 5 (Hawks Crest – Tract 30230) to Establish Annual Assessments for Fiscal Year 2026-2027.
Staff Report - Pdf
3.J. Adopt Resolution No. 2026-18 denying Accessory Building Use Permit 2025-04 (Ursu) request to allow a 1,000 square foot Large Vehicle Parking Building with an attached 392 square foot shop area located at 4077 Temescal Avenue within the A-1-20 Zone (APN: 133-101-004).
RECOMMENDATION:
Adopt Resolution No. 2026-18 denying Accessory Building Use Permit 2025-04 (Ursu).
Staff Report - Pdf
City Council Agenda - March 18, 2026
3.K. Recap of Actions Taken by the Planning Commission at its Meeting Held on March 11, 2026
RECOMMENDATION:
Receive and file the recap of actions taken by the Planning Commission at its meeting held on March 11, 2026.
Staff Report - Pdf
4. ITEM(S) PULLED FROM CONSENT CALENDAR
5. CITY COUNCIL / STAFF COMMUNICATIONS
6. ADJOURNMENT
In compliance with the Americans with Disabilities Act, any person who requires a modification or accommodation in order to participate in this meeting is encouraged to contact the City Clerk’s Office at (951) 270-5623 or [email protected] at least 48 hours prior to the meeting so that reasonable arrangements can be made to ensure accessibility. Staff reports are on file in the City Clerk’s Office.
Any writings or documents provided to a majority of the presiding governmental body regarding any item on this agenda will be available for public inspection at the City Clerk’s Office during normal business hours at Norco City Hall, located at 2870 Clark Avenue in Norco. The meeting is recorded.
City Council
STAFF REPORT
Date: March 18, 2026 Agenda Item:
3.B.
To: Honorable Mayor and City Council Members
From: Lisette Free, City Manager
Prepared By: Janet Martinez, Interim City Clerk
Department: City Clerk
SUBJECT:
Approval of City Council Regular Meeting Minutes
RECOMMENDATION:
Approve the City Council Regular Meeting Minutes of March 4, 2026.
REVIEWED AND APPROVED BY:
Approved by: Lisette Free, City Manager
ATTACHMENT(S):
DRAFT City Council and Successor Agency Minutes - Mar 04 2026
DRAFT MINUTES
City Council
Wednesday, March 4, 2026
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL TO ORDER 6:00 PM
ROLL CALL Robin Grundmeyer, Mayor
Gregory Bowen, Mayor Pro Tem
Kevin Bash, Council Member
Greg Newton, Council Member
Fia Sullivan, Council Member
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9:
(1 potential case)
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Easement located along Hamner Avenue right-of-way adjacent to 7408 Shady Tree Street, Eastvale, California
City Negotiator: City Manager, City Attorney, Public Works Director, Community Development Director
Negotiating Parties: City of Norco and Adrian and Lili Adnani (Property Owners) Under Negotiation: Price and terms of potential quitclaim of City's easement interest
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
Agency Designated Representatives: City Manager and City Attorney Employee Organization: Norco General Employees Association (NGEA) City Attorney Burns read the Closed Session items into the record.
Mayor Grundmeyer recessed the meeting at 6:01 p.m.
RECONVENE PUBLIC SESSION 7:00 PM
REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
City Attorney Burns reported that there was no action taken.
PLEDGE OF ALLEGIANCE Mayor Pro Tem Bowen led the pledge of allegiance.
City Council Minutes - March 4, 2026
INVOCATION Chaplain Vincent Ball led the invocation.
1. CITY COUNCIL REPORTS ON REGIONAL BOARDS
The Mayor, Mayor Pro Tem and Council Members provided reports on their recent individual participation in committees, commissions, regional boards, and community organizations.
2. PUBLIC COMMENTS
This is the time when persons wishing to address the presiding governmental body regarding the Consent Calendar, items within the subject matter jurisdiction of the legislative body. Please submit a speaker card to the Meeting Clerk. Please limit comments to three minutes or less. The Ralph M. Brown Act limits the governmental body’s ability to respond to comments on nonagendized matters at the time such comments are made. The governmental body shall not discuss or act relative to any general public comment.
There was no public speakers.
3. CONSENT CALENDAR
All items listed under the Consent Calendar are considered to be routine and may be enacted by one motion. Prior to the motion to consider any action by the presiding governmental body, any public comments on any of the Consent Items will be heard. There will be no separate action unless members of the governmental body or the audience request specific items be removed from the Consent Calendar. Items removed from the Consent Calendar will be separately considered under Item 3 of the Agenda.
M/S BASH/NEWTON to approve the Consent Calendar, with item 3.C. pulled for discussion. The Motion was carried by the following roll call vote:
AYES: GRUNDMEYER, BOWEN, BASH, NEWTON, AND SULLIVAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
3.A. Waive Reading of All Ordinance Adoptions on this Agenda and Read by Title Only
Action: Waived reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.
3.B. Approval of City Council and Successor Agency Regular and Special Meeting
City Council Minutes - March 4, 2026
Minutes
Action: Approved the City Council and Successor Agency Regular and Special Meeting Minutes.
3.D. A request for approval of a Professional Services Agreement with Willdan Engineering for Human Resources Management Support services.
Action: Approved a two-year Professional Services Agreement with Willdan Engineering to provide on-call Management Support Services for the Human Resources Department, as needed.
4. ITEM(S) PULLED FROM CONSENT CALENDAR
3.C. Approval of the proposal from KWC Engineers to provide Professional Engineering Services for the 2025 Urban Water Management Plan Councilmember Newton noted that there is no issue with the contract. He asked about the change order contingency cost and the 10% and a possible increase in the future.
City Manager Free explained the process of the limits of the public works contract; once it reaches 10%, it will need to come back to the council for approval.
Councilmember Newton asked if the adjustment will be presented in the budget. City Manager Free explained that when the budget was prepared it was an estimate and the proposal came in after completion of the budget.
However, the contract would come back to the City Council for approval of an increase in excess of 10%.
M/S NEWTON/BASH to Accept the professional engineering services proposal and award a contract to KWC Engineers in the amount of $69,850 and authorize the City Manager to approve contract change orders up to 10 percent of the total proposal amount. The Motion was carried by the following roll call vote:
AYES: GRUNDMEYER, BOWEN, BASH, NEWTON, AND SULLIVAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
5. DISCUSSION / ACTION ITEM(S)
City Council Minutes - March 4, 2026
Order of Presentation for Discussion Items:
1. Staff Report Presentation
2. Council Questions of Staff
3. Public Comment
4. Council Discussion and Action
5.A. Fiscal Year 2025-26 Second Quarter Budget Performance Report with Proposed Mid-Year Amendments to the Annual Operating Budget Finance Director Calhoun presented the staff report on file.
Councilmember Newton acknowledged staff for their work and requested clarification regarding previously provided budget information. Finance Director Calhoun explained where the funds had been allocated and referenced the applicable sections of the City budget. Councilmember Newton also inquired about the Safety Services budget and related staffing costs.
Finance Director Calhoun explained the process used to allocate those funds.
Chief Otterman further clarified that the staffing costs had already been incurred by the City.
Councilmember Newton asked about the status of the HVAC project. Parks Superintendent Todd Shank stated that he would follow up with the City Council and provide additional information.
Mayor Pro Tem Bowen inquired about the NART budget. City Manager Free explained that no adjustments had been made to that budget.
M/S NEWTON/BASH to receive and file the Fiscal Year (FY) 2025-26 Second Quarter Budget Performance Report. The Motion was carried by the following roll call vote:
AYES: GRUNDMEYER, BOWEN, BASH, NEWTON, AND SULLIVAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
M/S NEWTON/BASH to adopt Resolution No. 2026-10, approving various mid-year amendments to the FY 2025-26 Annual Operating Budget and authorizing changes in appropriations and revenues thereto. Amend to add Public Works contract. The Motion was carried by the following roll call vote:
AYES: GRUNDMEYER, BOWEN, BASH, NEWTON, AND SULLIVAN
City Council Minutes - March 4, 2026
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
5.B. An Ordinance of the City Council of the City of Norco Increasing Council Member Compensation
City Attorney Burns presented the staff report on file.
Mayor Pro Tem Bowen asked whether a Councilmember could choose not to accept the stipend. City Attorney Burns stated that a Councilmember is not required to accept the stipend.
Councilmember Bash commented on the proposed stipend increase, noting that the responsibilities of serving on the City Council are comparable to a fulltime commitment and stating that increasing the stipend could help encourage younger residents to consider serving on the Council.
Councilmember Newton discussed the longstanding volunteer service of many Councilmembers and acknowledged the significant contributions made over the years. Councilmember Newton recommended that the stipend be set at $1,200 per month.
M/S NEWTON/BASH to approve Alternative No. 1: Introduce and Approve for First Reading an Ordinance of the City Council of the City of Norco Increasing Council Member Compensation to $1,200 per month, or another amount as directed.
The Motion was carried by the following roll call vote:
AYES: GRUNDMEYER, BOWEN, BASH, NEWTON, AND SULLIVAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
5.C. Consideration of Motion to Reconsider Prior Approvals for Annexation 27 (Bluff Street), General Plan Amendment 2023-01, and Zone Change 2023-01 (PreZone) Community Development Director Cataldi presented the staff report on file.
Mayor Grundmeyer provided comments regarding the procedural steps leading up to the item, including the review process and the potential annexation process. The Mayor outlined the general process and considerations involved should annexation move forward.
Councilmember Newton concurred with Mayor Grundmeyer’s comments
City Council Minutes - March 4, 2026
regarding the process and noted that several questions had arisen since the previous Council meeting related to the matter.
Mayor Pro Tem Bowen commented on the item and acknowledged the importance of clearly outlining the process and requirements associated with the proposed action for the benefit of the Council and the public.
M/S GRUNDMEYER/BASH 1. consider a motion to reconsider the prior approvals related to Annexation 27, General Plan Amendment 2023-01, and Zone Change 2023-01 (Pre-Zone).
2. direct staff, if the motion to reconsider passes, to initiate the process to conduct a duly noticed public hearing in accordance with Chapter 18.43 of the Norco Municipal Code and applicable state law.
The Motion was carried by the following roll call vote:
AYES: GRUNDMEYER, BOWEN, BASH, AND SULLIVAN
NOES: NEWTON
ABSENT: NONE
ABSTAIN: NONE
6. PUBLIC HEARING(S)
Order of Presentation for Public Hearing Items:
1. Staff Report Presentation
2. Council Questions of Staff
3. Open Public Hearing
a. Public Comment
4. Close Public Hearing
5. Council Discussion and Action
6.A. Appeal Hearing: An Appeal of the Planning Commission’s approval of Accessory Building Use Permit 2025-04 (Ursu): A request to allow a 1,000 square foot Large Vehicle Parking Building with an attached 392 square foot shop area located at 4077 Temescal Avenue within the A-1-20 Zone. (APN:
133-101-004).
Associate Planner Woods-Diaz presented the staff report on file.
Councilmember Newton inquired about prior code enforcement cases associated with the property. Associate Planner Woods-Diaz confirmed that both code enforcement cases have been closed. Councilmember Newton also asked about the requirements for a Water Quality Management Plan (WQMP).
Director Nelson explained that the WQMP would be required prior to placement of the material on the site.
City Council Minutes - March 4, 2026
Councilmember Newton asked staff to clarify the condition related to outdoor storage and questioned whether the requirement would apply if materials were stored inside the structure. Associate Planner Woods-Diaz stated that the property owner would still be required to comply with the applicable conditions of approval and City regulations.
Mayor Pro Tem Bowen asked staff about the purpose of including a condition requiring compliance with City ordinances. Associate Planner Woods-Diaz explained the necessity of the condition to ensure adherence to municipal regulations. Mayor Pro Tem Bowen also asked about the location of the building, potential drainage concerns, and the maximum allowable size for the proposed concrete area.
Councilmember Bash asked how compliance with the conditions would be monitored. Associate Planner Woods-Diaz stated that compliance issues would typically be addressed through the City’s code enforcement process.
The following individuals spoke during public comment in opposition to the appeal:
Jamie McCauley expressed opposition to the project and raised concerns regarding existing site conditions and the approval of the Building Use Permit for a commercial business in a residential area. Pat Hedges opposed the project and identified several issues related to the property and its impacts.
Sam Ho opposed the project, expressed agreement with the previous speakers, and stated a preference for a residential neighbor rather than a business use at the location. Mr. Ho also noted that no one resides at the site.
Councilmember Newton requested that the applicant provide comments.
Applicant Ben Ursu addressed the Council and described how he utilizes the property. Mr. Ursu stated that he believes neighboring residents are opposed to his activities at the site.
Councilmember Newton asked the applicant about prior code enforcement cases and work performed without permits. Mr. Ursu acknowledged that construction work began on the site prior to obtaining permits. Councilmember Newton noted that permits were obtained after the citation was issued. Mr.
Ursu stated that his intention was to improve and clean up the property.
Councilmember Newton also noted observations from visiting the site, including stored
materials and a large van on the property.
City Council Minutes - March 4, 2026
Mayor Pro Tem Bowen asked whether the applicant resides at the property.
Mr. Ursu confirmed that he does not live on the site. Mayor Pro Tem Bowen also asked whether the applicant understands the permitting requirements. Mr.
Ursu responded that he was attempting to improve the property.
Councilmember Newton requested clarification from staff regarding the WQMP process. Director Nelson explained the permitting process and the requirements that must be satisfied prior to project implementation.
Councilmember Bash commented on broader drainage concerns within the City and ongoing code enforcement challenges. Councilmember Bash emphasized the importance of respecting neighbors and the community.
M/S NEWTON/SULLIVAN to overturn the Planning Commission ruling due to drainage issues and the welfare of the community. The Motion was carried by the following roll call vote:
AYES: GRUNDMEYER, BOWEN, BASH, NEWTON, AND SULLIVAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
6.B. First Reading, Ordinance No.1139 adopting Zone Code Amendment 2026-01 (City of Norco): A City-Initiated amendment to Title 18, Chapter 18.02, "Definitions", and Chapter 18.59 "Rooming and Boarding House", to update and clarify the provisions in the Norco Municipal Code for compliance with State law and the City of Norco's 2021-2029 Housing Element.
Director Cataldi presented the staff report on file. A presentation was available for all to view.
Councilmember Bash thanked staff for their time on the report.
M/S BASH/BOWEN to introduce Ordinance No. 1139 approving Zone Code Amendment 2026-01. The Motion was carried by the following roll call vote:
AYES: GRUNDMEYER, BOWEN, BASH, NEWTON, AND SULLIVAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
City Council Minutes - March 4, 2026
7. CITY COUNCIL / STAFF COMMUNICATIONS
Parks Superintendent Todd Shank provided an update regarding the HVAC replacement project at Fire Station 47.
Councilmember Bash commented on the recent Grow Dinner event and thanked City staff for their efforts in organizing and supporting the event.
Mayor Pro Tem Bowen also expressed appreciation to staff for their work in coordinating the Grow Dinner event.
Councilmember Newton reported a water leak on a hillside within the City and requested that staff investigate the matter.
Mayor Grundmeyer requested that the meeting be adjourned in honor of Glen Hedges.
8. ADJOURNMENT
Mayor Grundmeyer adjourned the meeting at 8:49 p.m. in memory of Glenn Hedges, a longtime community volunteer.
_________________________________
City Clerk
City Council
STAFF REPORT
Date: March 18, 2026 Agenda Item:
3.C.
To: Honorable Mayor and City Council Members
From: Sam Nelson, Public Works Director
Prepared By: Sam Nelson, Public Works Director
Department: Public Works
SUBJECT:
Adopt Resolution 2026-12 to amend the FY 2025-26 Capital Improvement Program (CIP) Budget to add the Hamner Avenue Sound Wall Improvement Project and approve the proposal from RKA Consulting Group to provide Professional Engineering Services for the Hamner Avenue Sound Wall Improvement Project
RECOMMENDATION:
Adopt Resolution 2026-12 to amend the FY 2025-26 CIP Budget to add the Hamner Avenue Sound Wall Improvement Project; accept the design services proposal and award a contract to RKA Consulting Group in the amount of $194,784 and authorize the City Manager to approve contract change orders up to 10 percent of the total proposal amount.
SUMMARY:
The Western Riverside Council of Governments (WRCOG) recently approved funding in the amount of $4,000,000 for the design and construction of sound wall improvements on Hamner Avenue between Detroit Avenue and the Mayor Berwin Hanna Bridge. This project will complete the remaining portions of sound wall on both side of Hamner Avenue.
BACKGROUND:
During the construction of the the Mayor Berwin Hanna Bridge project approximately 280 linear feet of sound wall improvements were constructed on the west side of Hamner Avenue. The City of Norco is proposing to complete the sound wall improvements along Hamner Avenue between Detroit Avenue and the bridge utilizing $4,000,000 of funding approved by the Transportation Uniform Mitigation Fee (TUMF) program administered by WRCOG. The project includes the installation of approximately 730 and 860 linear feet on the west and east sides of Hamner Avenue, respectively (see Project Exhibit).
Staff is recommending the City Council adopt the resolution to add the Hamner Avenue Sound Wall Improvement Project to the FY 2025-26 CIP Budget and accept the design services proposal and award a contract to RKA Consulting Group, the City's approved design engineering consultant, in the amount of $194,784 and authorize the City Manager to approve contract change orders up to 10 percent of the total proposal amount.
FISCAL IMPACT:
The Hamner Avenue Sound Wall Project is currently not apart of the FY 2025-26 Capital Improvement Project (CIP). Approval of the resolution will add this project to the FY 2025-26 CIP Budget (Fund 149). Funding in the amount of $4,000,000 has been provided by WRCOG for the project.
TUMF funds are provided on a reimbursement basis. The City will initially incur eligible project costs and subsequently submit reimbursement requests to WRCOG in accordance with program requirements. Upon reimbursement, revenues will be recognized in the CIP fund to offset project expenses.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Direction No. 5 - "Infrastructure and Asset Management"
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Joshua Calhoun, Finance Director Approved by: Lisette Free, City Manager
Approved as to Form: Harper and Burns, LLP, City Attorney ATTACHMENT(S):
Project Exhibit
Resolution 2026-12
Exhibit A
Contract -RKA
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RESOLUTION NO. 2026-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, APPROVING THE ADDITION OF THE HAMNER
AVENUE SOUND WALL IMPROVEMENT PROJECT TO THE FISCAL
YEAR 2025-2026 CAPITAL IMPROVEMENT PROGRAM BUDGET
WHEREAS, the Fiscal Years 2025-2026 Capital Improvement Program (CIP) Budget for the City of Norco, California was adopted by the City Council on June 18, 2025; and
WHEREAS, there is a need to amend the CIP Budget to incorporate a new project that is anticipated to begin in FY 2025-2026; and WHEREAS, the requested amendments include the addition of the Hamner Avenue Sound Wall Improvement Project; and
WHEREAS, the project and required funding are described in attached Exhibit A.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Norco at a regular meeting held on March 18, 2026 approved the amendment to the Capital Improvement Program Fund 149 for Fiscal Years 2025-2026 to include the Hamner Avenue Sound Wall Improvement Project.
PASSED AND ADOPTED by the City Council of the City of Norco at a regular meeting held on March 18, 2026.
_______________________
Robin Grundmeyer, Mayor
City of Norco, California
ATTEST:
________________________________
Janet Martinez, CMC, Interim City Clerk
City of Norco, California
I, Janet Martinez, Interim City Clerk of the City of Norco, California, do hereby certify that the foregoing Resolution was adopted by the City Council of the City of Norco, California, at a regular meeting thereof held on March 18, 2026, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on March 18, 2026. ________________________________
Janet Martinez, CMC, Interim City Clerk
City of Norco, California
Attachment: Exhibit A
EXHIBIT A
Hamner Avenue Sound Wall Improvement Project
The Hamner Avenue Sound Wall Improvement Project includes the installation of approximately 1,590 linear feet of masonry sound walls on the east and west sides of Hamner Avenue between Detroit Avenue and the Mayor Berwin Hanna Bridge. The Western Riverside County Council of Governments (WRCOG) approved funding for design & construction of the proposed sound wall improvements. The proposed design and construction budget for this project is $4,000,000.
1 CITY OF NORCO
ENGINEERING AND DESIGN SERVICES CONTRACT
Hamner Avenue Sound Wall Improvement Project
1. Parties and Date.
This Agreement is made and entered into this 18th day of March, 2026 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 RKA Consulting Group, a corporation with its principal place of business at 398 Lemon Creek Drive, Suite E, Walnut, CA 91789 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. Recitals.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the design services on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing engineering and design services to public clients, that it and its employees or subconsultants have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of the City.
2.2 Project.
Consultant desires to engage the City to render such design services “Services” for the Hamner Avenue Sound Wall Improvement Project (“Project”) as set forth in this Agreement.
3. Terms.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services.
Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to provide the Services outlined by the Hamner Avenue Sound Wall Improvement Project. The Project is more particularly described in Exhibit A attached hereto and incorporated herein by reference. All engineering and design services shall be subject to, and performed in accordance with this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. The Consultant shall not conduct any work unless provided written direction by the City and cannot be exceeded without written approval of the City.
3.1.2 Term.
The terms of this Agreement shall begin at the Notice to proceed and shall extend 30 weeks.
Consultant shall complete the Project within the term of this Agreement, and shall meet any other established schedules and deadlines.
2 3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Consultant.
The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent Consultant basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services.
Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Project Timeframe set forth herein. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s Requests in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Project timeframe.
3.2.3 Conformance to Applicable Requirements.
All work prepared by Consultant shall be subject to the approval of City.
3.2.4 City’s Representative.
The City hereby designates the Director of Public Works, or his designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.5 Consultant’s Representative.
Consultant hereby designates Dave Gilbertson–President, or his designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”).
Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.6 Coordination of Services.
Consultant agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees.
Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant represents that all
3 employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-Consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Laws and Regulations.
Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.9 Insurance.
3.2.9.1 Time for Compliance.
Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
3.2.9.2 Minimum Requirements.
Throughout the life of this Contract, Consultant shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or (ii) as may be authorized in writing by City Manager or his/her designee at any time and in his/her sole discretion. The following policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than the following:
$2,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury
4 $2,000,000 aggregate for products and completed operations $4,000,000 general aggregate
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non owned automobiles or other licensed vehicles (Code 1 Any Auto) with limits of liability of not less than $1,000,000 per accident for bodily injury and property damage.
(iii) WORKERS' COMPENSATION insurance as required under the California Labor Code. (iv) PROFESSIONAL LIABILITY (Errors and Omissions) insurance with limits of liability of not less than $2,000,000 per claim/occurrence and $2,000,000 policy aggregate.
Consultant shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Consultant shall also be responsible for payment of any selfinsured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee in his/her sole discretion. At the option of the City Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees and agents; or (ii) Consultant shall provide a financial guarantee, satisfactory to the City Manager or his/her designee in his/her sole discretion, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or self-insured retentions.
All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Consultant shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Consultant shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.
The General Liability and Automobile Liability insurance policies shall be written on an occurrence form. The General Liability (including ongoing operations and completed operations), Automobile Liability insurance policy shall name City, its officers, officials, employees and agents as an additional insured. All such policies of insurance shall be endorsed so Consultant’s insurance shall be primary and no contribution shall be required of City, its officers, officials, employees and agents. Any Workers’ Compensation insurance policy shall contain a waiver of subrogation as to City, its officers, officials, employees and agents. The coverage(s) shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees and agents.
If Consultant maintains higher limits of liability than the minimums shown above, City requires and shall be entitled to coverage for the higher limits of liability maintained by Consultant.
Claims-Made Policies - If any coverage required is written on a 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 Consultant.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least 5 years after completion of the work or termination of the Contract, whichever first occurs. (iii) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Contract, or work
5 commencement date, Consultant must purchase extended reporting period coverage for a minimum of 5 years after completion of the work or termination of the Contract, whichever first occurs.
(iv) A copy of the claims reporting requirements must be submitted to City for review. (v) These requirements shall survive expiration or termination of the Contract.
Consultant shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City’s Risk Manager or his/her designee in his/her sole discretion prior to City’s execution of the Contract and before work commences. Upon request of City, Consultant shall immediately furnish City with a complete copy of any insurance policy required under this Contract, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Contract.
If at any time during the life of the Contract or any extension, Consultant or any of its subconsultants fail to maintain any required insurance in full force and effect, all work under this Contract shall be discontinued immediately, and all payments due or that become due to Consultant shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Contract. No action taken by City hereunder shall in any way relieve Consultant of its responsibilities under this Contract.
The fact that insurance is obtained by Consultant shall not be deemed to release or diminish the liability of Consultant, including, without limitation, liability under the indemnity provisions of this Contract. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Consultant, its principals, officers, agents, employees, persons under the supervision of Consultant, vendors, suppliers, invitees, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.
In the event of a partial or total destruction by the perils insured against of any or all of the work and/or materials herein provided for at any time prior to the final completion of the Contract and the final acceptance by the City of the work or materials to be performed or supplied thereunder, the Consultant shall promptly reconstruct, repair, replace, or restore all work or materials so destroyed or injured at his/her sole cost and expense. Nothing herein provided for shall in any way excuse the Consultant or his/her insurance company from the obligation of furnishing all the required materials and completing the work in full compliance with the terms of the Contract.
If Consultant should subcontract all or any portion of the services to be performed under this Contract, Consultant shall require each subconsultant to provide insurance protection in favor of City, its officers, officials, employees and agents in accordance with the terms of each of the preceding paragraphs, except that the subconsultants' certificates and endorsements shall be on file with Consultant and City prior to the commencement of any work by the subconsultant.
3.2.10 Safety.
When conducting field work as part of the design project the Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and
6 federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation.
Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit B attached hereto and incorporated herein by reference. Extra work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation.
Consultant shall submit to City a monthly itemized statement which indicates work completed by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses.
Consultant shall not be reimbursed for any expenses or work completed unless said work was requested and authorized in writing by City.
3.3.4 Extra Work.
At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
3.3.5 Prevailing Wages.
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
7 3.4 Accounting Records.
3.4.1 Maintenance and Inspection.
Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination.
City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination.
If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen calendar (15) days of the request.
3.5.1.3 Additional Services.
In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices.
All notices permitted or required under this Agreement shall be given to the respective parties at the follow address, or at such other address as the respective parties may provide in writing for this purpose:
Contractor:
RKA Consulting Group
398 Lemon Creek Drive, Suite E, Walnut, CA 91789
Attention: Dave Gilbertson–President
City:
City of Norco
2870 Clark Avenue Norco, CA 92860
Attention: Director of Public Works
8 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 bear their own attorney's fees.
3.5.5 Indemnification.
(a) Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend, and hold harmless CITY and any and all of its officials, employees, and agents from and against any and all losses, liabilities, damages, costs, and expenses, including attorney's fees and costs to the extent the same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant, its officers, agents, employees, or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this AGREEMENT.
(b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless CITY and any and all of its employees, officials, and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, whether actual, alleged, or threatened, including attorney's fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of," pertain to, relate to, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this AGREEMENT by Consultant or by any individual or entity for which Consultant is legally liable, including, but not limited to, officers, agent, employees, or subconsultants of Consultant.
3.5.6 Entire Agreement.
This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.7 Governing Law.
This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.
3.5.8 Time of Essence.
Time is of the essence for each and every provision of this Agreement.
3.5.9 City’s Right to Employ Other Consultants.
City reserves right to employ other Consultants in connection with this Project.
9 3.5.10 Successors and Assigns.
This Agreement shall be binding on the successors and assigns of the parties.
3.5.11 Assignment or Transfer.
Consultant shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.12 Consultant; References; Captions.
Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
3.5.13 Amendment; Modification.
No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.14 Waiver.
No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
3.5.15 No Third-Party Beneficiaries.
There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
3.5.16 Invalidity; Severability.
If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.17 Prohibited Interests.
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement.
Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or 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.
10 3.5.18 Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.19 Labor Certification.
By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake 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.
Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.21 Counterparts.
This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required.
Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
Name of Consultant: RKA Consulting Group
*By:
Signature
Dave Gilbertson–President
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST NOTARIZED.
Attach Certificate of Notary Acknowledgement
11 OWNER: CITY OF NORCO, a municipal corporation
*By:
Robin Grundmeyer, Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
Colin Burns, City Attorney
12 EXHIBIT A
SCOPE OF WORK
Hamner Avenue Sound Wall Improvement Project
The Hamner Avenue Sound Wall Improvement Project includes the installation of approximately 1600 linear feet of new sound wall improvements on Hamner Avenue between Detroit Avenue and the Berwin Hanna Bridge.
13 GENERAL LIABILITY ENDORSEMENT
CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5627
A. POLICY INFORMATION Endorsement #
1. Insurance Company
Policy Number
2. Policy Term (From) (To)
Endorsement Effective Date
3. Named Insured
4. Address of Named Insured
5. Limit of Liability Any One Occurrence/Aggregate
$
6. Deductible or Self-Insured Retention (Nil unless otherwise specified):
7. Coverage is equivalent to:
Comprehensive General Liability Form GL0002 (Ed. 1/73)
Commercial General Liability “Occurrence” Form CG0001
8. Bodily Injury and Property Damage Coverage is:
”occurrence”
Note: The City of Norco standard insurance requirements specify “occurrence” coverage. “Claimsmade” 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.
14 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 (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.
15 C. INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:
ATTN:
(Title) (Department)
(Company)
(Street Address)
(City) (State) (Zip Code)
(Telephone Number)
D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, ______________________________________, warrant that I have authority to bind the (Print/Type Name)
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:
16 AUTOMOBILE LIABILITY ENDORSEMENT
CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5627
A. POLICY INFORMATION Endorsement #
1. Insurance Company
Policy Number
2. Policy Term (From) (To)
Endorsement Effective Date
3. Named Insured
4. Address of Named Insured
5. Limit of Liability Any One Occurrence/Aggregate
$
6. Deductible or Self-Insured Retention (Nil unless otherwise specified):
$
B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:
1. INSURED. The City of Norco, its elected or appointed officers, officials, consulting engineers, employees and volunteers are included as insured with regard to damages and defense of claims arising from: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the City of Norco, its elected or appointed officers, officials, employees, consulting engineers or volunteers.
2. CONTRIBUTION NOT REQUIRED. As respects work performed by the Named Insured for or on behalf of the City of Norco, the insurance afforded by this policy shall: (a) be primary insurance as respects the City of Norco, its elected or appointed officers, officials, employees, consulting engineers or volunteers; or (b)
17 stand in an unbroken chain of coverage excess of the Named Insured’s primary coverage. In either event, any other insurance maintained by the City of Norco, its elected or appointed officers, officials, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SCOPE OF COVERAGE. This policy, if primary, affords coverage to the Named Insured at least as broad as:
(1) Insurance Services Office form number CA 00001 (Ed. 1/78), Code 1 (“any auto”) and endorsement CA 0025.
(2) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding Section (1).
4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage, or against whom a claim is made or a suit is brought, except with respect to the Company’s limit of liability.
5. PROVISIONS REGARDING THE INSURED’S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City of Norco, its elected or appointed officer, officials, employees, consulting engineers or volunteers.
6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.
C. INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:
ATTN:
(Title) (Department)
(Company)
(Street Address)
(City) (State) (Zip Code)
(Telephone Number)
18 D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, ______________________________________, warrant that I have authority to bind the (Print/Type Name)
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:
19 WORKER’S COMPENSATION/EMPLOYER’S LIABILITY ENDORSEMENT
CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5627
A. POLICY INFORMATION Endorsement #
1. Insurance 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.
C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, _________________________________, ORGANIZATION:
(Print/Type Name) TITLE:
warrant that I have authority to bind the
below-listed insurance company and by my
signature hereon do so bind this company. ADDRESS:
SIGNATURE OF AUTHORIZED REPRESENTATIVE TELEPHONE:
(Original Signature required on endorsement furnished to the City of Norco)
20 W-9 FORM
21
22
23
24 EXHIBIT B
DESIGN PROPOSAL
HAMNER AVENUE BRIDGE SOUND WALL
PAGE 1
January 21, 2026
Sam Nelson
City of Norco
2870 Clark Avenue
Norco, CA 92860
RE: PROFESSIONAL ENGINEERING SERVICES FOR THE HAMNER AVENUE SOUND WALL PROJECT
BETWEEN DETROIT STREET AND THE SANTA ANA RIVER
Dear Sam:
RKA Consulting Group is pleased to submit to you our proposal to provide professional engineering design services for the aforementioned project. The work in this proposal is to provide civil plans, specifications and cost estimates for sound wall improvements on Hamner Avenue between Detroit Street and the Santa Ana River.
PROJECT UNDERSTANDING
The County of Riverside recently completed bridge and roadway improvements along Hamner Avenue.
The City of Norco is eligible for funding under the Western Riverside Council of Governments’ (WRCOG) Transportation Implementation Plan for the design of additional soundwalls along this corridor. In order to minimize the sound impacts on residents living along Hamner Avenue north of Detroit Street, the City will construct approximately 860 feet of sound barrier wall on the east side of Hamner Avenue and approximately 730 feet on the west side of Hamner Avenue. The walls will be constructed at the top of the slopes adjacent to private property lines. There is an existing sound wall on the west side of Hamner Avenue that will be joined and the same design features will be continued.
SCOPE OF WORK
Task 1. Utility Research and Coordination $3,720
RKA will contact the utility agencies to obtain existing record maps and to coordinate any relocations needed. RKA will also coordinate with any utilities that anticipate upgrades or additions to their facilities prior to the end of construction for this project.
Task 2. Preliminary Review and Field Investigation $3,250 Perform field visits during design to identify design issues/conflicts and confirm the design plans properly reflect field conditions.
Meet with City staff to discuss the proposed improvements, impacts to the existing site, and any required modifications.
398 Lemon Creek Drive, Suite E ● Walnut, CA 91789
Phone: (909) 594-9702 ● Fax: (909) 594-2658 ● www.rkagroup.com
HAMNER AVENUE BRIDGE SOUND WALL
PAGE 2
Task 3. Topographic Survey $9,197
Provide a topographic survey of Hamner Avenue from Detroit Street to the Santa Ana River.
The survey will provide field topography with a cross-section survey at 50’ intervals and will capture physical features within the public right-of-way up to 10 feet beyond the right-ofway, where possible.
Task 4. Soils Investigation & Testing $45,117
Complete a total of four (4) exploratory borings at the proposed locations of retaining wall, 2 at 30 feet below ground surface and 2 at 50 feet below ground surface. Complete laboratory testing and analysis of subsurface soils. The report will include recommendations for footing design.
Task 5. Develop Plans, Specifications and Estimate $124,700 Provide a Retaining Wall Plan including wall profiles at 1”=20’ scale for the proposed sound walls.
Provide structural details for the proposed block wall and concrete footings. Provide construction specifications and a cost estimate for the proposed improvements.
Task 6. Construction Support $6,040
Respond to bidders’ RFIs and issue addenda during bidding. Review material submittals.
Task 7. Prepare As-builts $2,760
Utilizing the Contractor’s redlines to prepare as-built mylars for the City’s record. Transfer CAD files to the City.
Exclusions
Traffic Control Plan (TCP).
Erosion and Sediment Control Plan.
Temporary or permanent easements.
Construction management.
RKA will provide the above professional engineering services on a time and materials basis for a not-toexceed fee of $194,784.
If you should have any questions, please do not hesitate to contact me at (909) 594-9702 or by e-mail at [email protected].
Sincerely,
Cesar Ortiz, P.E., T.E.
Engineering Manager
City Council
STAFF REPORT
Date: March 18, 2026 Agenda Item:
3.D.
To: Honorable Mayor and City Council Members
From: Lisette Free, City Manager
Prepared By: Colin Burns, City Attorney
Department: Administration
SUBJECT:
Second Reading and Adoption of An Ordinance of the City Council of the City of Norco Increasing Council Member Compensation
RECOMMENDATION:
Adopt the attached Ordinance Increasing Council Member Compensation.
SUMMARY:
Adopt an Ordinance increasing Council Member Compensation.
BACKGROUND:
At its meeting on March 4, 2026, the City Council introduced for first reading an Ordinance Increasing Council Member Compensation. The Ordinance was approved during the first reading with an amendment to the amount of compensation to $1,200.
The Ordinance, as amended, is now presented to the City Council for second reading and adoption.
FISCAL IMPACT:
The increase in council compensation, including employer paid taxes, would be an additional cost of $660 per council member per month for a total of $39,600 on an annual basis. Costs will be included in subsequent Fiscal Year's General Fund Operating Budget of the City Council salary and benefit expenditure accounts.
RELATIONSHIP TO STRATEGIC PLAN:
This items is consistent with Strategic Plan Direction No. 4 - "Communication and Stakeholder Experience."
REVIEWED AND APPROVED BY:
Approved by: Lisette Free, City Manager
Approved as to Form: Harper and Burns, LLP, City Attorney ATTACHMENT(S):
Ordinance No. 1140
ORDINANCE NO 1140
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NORCO INCREASING THE COMPENSATION OF CITY
COUNCIL MEMBERS
WHEREAS, Government Code section 36516, subdvs. (a)(2)(A) provides that, by ordinance, the City Council may increase Council Compensation by 5% for each calendar year from the operative date of the last adjustment of the salary; and WHEREAS, since 2001, council compensation for City Council Members of the City of Norco has been five hundred fifty dollars ($550.00) per month and no increase in council member compensation has occurred since that time; WHEREAS, over 24 years have passed since the last adjustment to Council compensation; and
WHEREAS, Costs and inflation have risen significantly since 2001; and WHEREAS, the City Council of Norco finds that there is a need for increased compensation for City Council members due to no increase in council compensation since 2001, the rise of inflation, and recent changes to Government Code 36516 authorizing increases in council member compensation to reflect recent economic trends;
WHEREAS, California Government Code Section 36516.5 allows for an increase in compensation for the entirety of the Council “whenever one or more members of the city council becomes eligible for a salary increase by virtue of the council member beginning a new term of office.” The new term of office for newly elected council members (after the November 2026 election) is anticipated to begin in December of 2026.
NOW, THERFORE, THE CITY COUNCIL OF THE CITY OF NORCO ORDAINS AS FOLLOWS:
Section 1. The Council hereby deletes and replaces in its entirety Section
2.06.030 of the Norco Municipal Code to read as follows:
2.06.030 Salaries.
Pursuant to the provisions of California Government Code Section 36516 and 36516.5, Council Members shall receive as compensation $1,200.00 per month and such benefits as allowed by law and provided by the city. Beginning with the first day of the month following the date when the term of office commences for a member of the City Council elected at
the November 2026 general municipal election, the compensation of City Council Members shall be $1,200.00 per month and such benefits as allowed by law and provided by the city.
Section 2. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
Section 3. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published as required by law.
PASSED AND ADOPTED by the City Council of the City of Norco at a regular meeting this 18th day of March, 2026.
_____________________________
Robin Grundmeyer
Mayor
ATTEST:
___________________________
Janet Martinez
Interim City Clerk
APPROVED AS TO FORM:
HARPER & BURNS LLP
___________________________
Colin Burns
City Attorney
City Council
STAFF REPORT
Date: March 18, 2026 Agenda Item:
3.E.
To: Honorable Mayor and City Council Members
From: Colby Cataldi, Community Development Director
Prepared By: Janet Martinez, Interim City Clerk
Department: Community Development
SUBJECT:
Second Reading and Adoption of Ordinance No.1139 adopting Zone Code Amendment 2026-01 (City of Norco): A City-Initiated amendment to Title 18, Chapter 18.02, "Definitions", and Chapter 18.59 "Rooming and Boarding House", to update and clarify the provisions in the Norco Municipal Code for compliance with State law and the City of Norco's 2021-2029 Housing Element
RECOMMENDATION:
Adopt Ordinance No. 1139 approving Zone Code Amendment 2026-01.
SUMMARY:
This item is a City-initiated amendment to Title 18, Chapter 18.02 - Definitions, and
18.59 - Rooming and Boarding House, to update and clarify the provisions for compliance with State law and the City of Norco's 2021-2029 Housing Element.
BACKGROUND:
At its meeting on March 4, 2026, the City Council introduced for first reading of Ordinance No. 1139 approving Zone Code Amendment 2026-01.
The Ordinance, is now presented to the City Council for second reading and adoption.
FISCAL IMPACT:
Adopting and implementing the definitions and regulations contained in Chapters 18.02 and 18.59 will not incur additional financial burdens on the City, beyond typical staff expenses associated with implementation of Zoning Code standards.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Plan Direction No. 1 (Public Health, Safety & Wellness), Action Plan 5: "Implement the actions defined in the General Plan 2021-2029 Housing Element."
REVIEWED AND APPROVED BY:
Approved by: Lisette Free, City Manager
Approved as to Form: Harper and Burns, LLP, City Attorney ATTACHMENT(S):
Ordinance 1139 - Zone Code Amendment 2026-01
Resolution 2026-04 for Zone Code Amendment 2026-01
ORDINANCE NO. 1139
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NORCO, CALIFORNIA, AMENDING SECTION 18.02.04
AND CHAPTER 18.59 OF TITLE 18 (ZONING) OF THE
NORCO MUNICIPAL CODE REGULATING BOARDING
HOUSES AND GROUP HOMES, AND FINDING THIS
ORDINANCE TO BE EXEMPT FROM CEQA REVIEW
PURSUANT TO CEQA GUIDELINE 15061(B)(3)
WHEREAS, the federal Fair Housing Act, as amended, (42 U.S.C. § 3601 et seq.), the California Community Care Facilities Act (Health & Safety Code § 1500 et seq.), and the California Fair Housing and Employment Act (Government Code § 12900 et seq.), together with published judicial decisions interpreting those laws (collectively the “Fair Housing Laws”), provide protections for individuals with disabilities, including the right to an equal opportunity to use and enjoy housing, and require the City to grant a reasonable accommodation in its zoning ordinances and policies where necessary to afford disabled persons such equal opportunity, but such laws do not preempt local zoning laws nor prohibit the City from adopting zoning ordinances to protect the public health, safety and welfare; and
WHEREAS, the fundamental objective of the City’s General Plan and residential zoning program, as provided in Chapter 18 of the City’s Municipal Code, is to provide opportunities for safe and decent housing for all individuals of all income levels while preserving the quality and character of residential neighborhoods by protecting such neighborhoods from the undue intrusion from transitory and institutional residential uses, such as boarding houses, dormitories, hotels, and convalescent homes, and by preserving individual dwelling units for occupancy and use by single housekeeping units, including the traditional family; and
WHEREAS, unlicensed group homes can provide safe accommodations for disabled persons, but without regulatory oversight by the State of California the City must ensure that these facilities are being operated in a safe manner and do not unduly negatively impact the surrounding uses; and
WHEREAS, the American Planning Association’s Policy Guide on Community Residences recommends that communities should avoid concentrating or clustering group homes for the disabled in any single block or any single neighborhood because doing so compromises the ability of such group homes to achieve normalization and community integration; and
WHEREAS, in a good faith effort to comply with the Fair Housing Laws and as a means of recognizing the right of individuals with disabilities to reasonable accommodation and equal access to housing, while maintaining the City’s legitimate interest in local land use regulation, the City Council has determined adopting this Ordinance best serves the public’s interest and the general health, safety or welfare of the residents of the City; and
WHEREAS, by means of this Ordinance, the City desires to maintain zoning requirements preserving the quality and character of residential neighborhoods while providing zoning provisions in accordance with the Fair Housing Laws that benefit disabled persons by permitting disabled persons to live in group homes in residential districts in such a manner as to avoid clustering and overconcentration and to ensure that such uses are in compliance with City, state and federal laws and regulations.
NOW, THEREFORE, the City Council of the City of Norco ordains as follows:
SECTION 1. AMENDMENT OF SECTION 18.02.04.
Section 18.02.04 (Definitions) of the Norco Municipal Code is amended to amend and add the following definitions. All newly added defined terms shall be inserted in the section so as to maintain alphabetic order.
“Group Home” means any rooming or boarding house that provides temporary, interim, or permanent housing to persons who are considered disabled under state or federal law, and which does not operate as a single housekeeping unit. Transitional housing, supportive housing, and state-licensed residential care facilities are not group homes.
(1) “Large group home” means a group home in which seven (7) or more individuals reside.
(2) “Small group home” means a group home in which six (6) or fewer individuals reside.
Rooming House or Boarding House. A residence or dwelling, other than a hotel, wherein three or more rooms, with or without individual or group cooking facilities, are rented to individuals under separate rental agreements or leases, either written or oral, whether or not an owner, agent or rental manager is in residence. Included within the definition of Rooming and Boarding House are Parolee-Probationer Home and Group Home as defined herein. Transitional housing, supportive housing, and state-licensed residential care facilities are not boarding houses.
State-Licensed Residential Care Facility. Any residential facility that provides onsite care, treatment or other services to its residents that is required to be and is licensed by the State of California.
(1) “Small state-licensed residential care facility” means a state-licensed residential care facility with six or fewer residents. Such facilities are deemed a residential use of property per California Health & Safety Code Section 1566.3, and shall be treated in the same manner as a family dwelling of the same type in the same zone. (2) “Large state-licensed residential care facility” means a state-licensed residential care facility with seven or more residents.
SECTION 2. AMENDMENT OF CHAPTER 18.59.
A new Chapter 18.59 of the Norco Municipal Code is amended in its entirety to read as shown in Exhibit “A” attached hereto.
SECTION 3. CEQA.
The City Council finds that the adoption of this ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to the “common sense” exemption in CEQA Guideline 15061(b)(3). This ordinance does not have any potential for causing significant impacts on the environment in that it limits the use of existing residential structures for commercial boarding houses and group homes. The negative environmental impacts of such commercial uses are not significantly different than those that would be generated by using those structures for their intended residential uses.
Therefore, it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment.
SECTION 4. SEVERABILITY
If any chapter, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each Chapter, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more Sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.”
SECTION 5. EFFECTIVE DATE.
This ordinance shall take effect thirty (30) days after its passage by the City Council.
SECTION 6. CITY CLERK ACTION
The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Chapter 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Chapter 39633(c).
INTRODUCED AND APPROVED FOR FIRST READING this ____ day of ________, 2026.
___________________________
Robin Grundmeyer
Mayor
APPROVED AS TO FORM: ATTEST:
____________________________ ___________________________ Colin Burns Janet Martinez
City Attorney Interim City Clerk
EXHIBIT “A”
Chapter 18.59 BOARDING HOUSES AND GROUP HOMES
18.59.02 Purpose.
This Chapter 18.59, as part of the city's overall zoning regulations and in the exercise of its police powers to protect the public health, safety, and welfare, seeks to preserve compatibility with surrounding land uses and protect the public health, safety, and welfare by establishing objective standards to address potential land use impacts, including but not limited to parking demand, traffic circulation, refuse collection, noise, and site management. In adopting this Chapter 18.59, the city is mindful that the federal Fair Housing Act (42 U.S.C. § 3601 et seq.), the California Community Care Facilities Act (Health and Safety Code § 1500 et seq.), the California Fair Housing and Employment Act (Government Code § 12900 et seq.), and Civil Code § 54, together with published judicial decisions interpreting those laws, provide individuals with a disability the right to an equal opportunity to use and enjoy housing, and that the city may need to provide reasonable accommodation in the city's zoning ordinances and policies where necessary to afford disabled persons such equal opportunity. This Chapter 18.59 establishes regulations to avoid clustering and overconcentration of such uses subject to the city's reasonable accommodation provisions in Chapter 9.95. Finally, this Chapter 18.59 serves to protect all residents from the negative impacts of multiple parolees housed in individual dwellings.
18.59.04 Applicability.
The provisions of this chapter shall apply to all boarding houses, parolee-probationer homes and group homes, and to all persons who own, manage, or operate them. This chapter does not apply to small state-licensed residential care facilities or transitional or supportive housing.
18.59.06 Permitted locations.
(a) Boarding houses are permitted with a conditional use permit in the Housing Development Overlay (HDO), Low Density Multiple-Family Residential (R-3), and Gateway Specific Plan-Residential zones.
(b) Large group homes are permitted with a conditional use permit in the HDO, R-3 and Gateway Specific Plan-Residential zones.
(c) Small group homes are permitted with a small group home permit in all residential zones.
(d) Parolee-probationer homes are prohibited in or adjacent to the Agricultural Estate (AE), Agricultural Low Density (A-1), Agricultural (A-2), and all residential zones, including any Specific Plan residential or agricultural zone. Subject to a conditional use permit, parolee-probationer homes are permitted in the C-G (Commercial General) and C-O (Commercial Office) zones.
(e) Large state-licensed residential care facilities are permitted with a conditional use permit in the HDO, R-3 and Gateway Specific Plan-Residential zones.
18.59.08 Reasonable accommodation.
Any individual with a disability, or their representative, or a developer or provider of housing for individuals with a disability may seek a reasonable accommodation from the provisions of this chapter under Chapter 9.95 of this code.
18.59.10 Application for a small group home permit.
(a) Any person or entity seeking to establish a small group home as allowed by section
18.59.06(c) shall first apply to the planning director, or designee for a small group home permit. The application for a small group home permit shall include the following information:
(1) A description of the proposed operational model, including the maximum number of occupants, term of stay, staffing (if any), and a description of any on-site services proposed;
(2) The maximum number of occupants and the facility's hours of operation; (3) The term of client stay;
(4) The support services to be provided on-site and projected staffing levels; (5) The names of all persons and entities with an ownership or leasehold interest in the property, or who will be an operator of the small group home; (6) The group home ownership, permit and license history of the applicant and all persons and entities with an ownership or leasehold interest in the property, or who will be an operator of the small group home, including the name and addresses of similar group homes in the State of California owned or operated within the past five years; (7) A certification under penalty of perjury that none of the identified group homes have been found by state or local authorities to be operating in violation of state or local law; and
(8) A copy of the proposed house rules required by section 18.59.16(j)(1). (9) Information demonstrating that the premises are in compliance with, or will prior to occupancy be brought into compliance with, the standards set forth in section
18.59.16 of this chapter.
(10) The inspection and report of the fire marshal and building official showing that the premises to be used are suitable under applicable uniform building and related codes to safely house the number of persons identified for residency in the small group home.
The building official shall determine the applicable use and occupancy classification for the premises for the purposes of the application of the uniform building and related codes. (11) The use or home shall provide certification, if available, from a governmental agency or qualified nonprofit organization and such certification is a generally accepted practice or standard among the owners, operators, profession, or industry related to the use or home.
(b) The planning director or designee shall grant the permit within 30 days after determining that the application for a small group home permit is complete. The director
shall not deny an application for a small group home permit unless the director determines that the application is incomplete or, after reasonable investigation, the director determines that:
(1) The applicant has provided information that is materially false, misleading or inaccurate or has made material misstatements on the application; or (2) The applicant, or any persons and entities with an ownership or leasehold interest in the property, or who will be an operator of the small group home have a pattern or practice of operating similar uses or group homes in or out of the city in violation of state or local law.
18.59.12 Application for a conditional use permit.
An application for a conditional use permit shall be filed and processed with the city as provided in Chapter 18.45 of this code. In addition to the application requirements in section 18.45.06, the application shall also include the application requirements contained in section 18.59.10(a)(1) through (11).
18.59.14 Findings for conditional use permits.
In addition to the findings applicable to conditional use permits under Section 18.45.14, the decision-making body shall make the following supplemental findings before approving or conditionally approving a conditional use permit for a boarding house, group home, parolee-probationer home, or large state-licensed residential care facility required to obtain a conditional use permit under this chapter:
(a) The boarding house, group home, large state-licensed residential care facility or parolee-probationer home includes sufficient on-site parking, and traffic and transportation impacts have been mitigated to a level of insignificance. (b) The boarding house, group home, large state-licensed residential care facility or parolee-probationer home conforms to all applicable development standards. (c) The property upon and structure(s) within which a boarding house, group home, large state-licensed residential care facility or parolee-probationer home will be located is physically suited to accommodate the use.
(d) The boarding house, group home, large state-licensed residential care facility or parolee-probationer home will be compatible with the character of the surrounding neighborhood, and the addition or continued maintenance of the use will not contribute to changing the residential character of the neighborhood, such as creating an overconcentration of boarding houses, group homes, large statelicensed residential care facilities or parolee-probationer homes in the vicinity of the proposed use. This finding shall be based on objective evidence in the record, including compliance with the standards set forth in Section 18.59.16. In making this finding or sustaining this finding, the decision-making body shall consider as appropriate the following factors:
(1) The proximity of the boarding house, group home, large state-licensed residential care facility or parolee-probationer home to schools, parks, other similar and
related uses, including small state-licensed residential care facilities, places where alcoholic beverages are sold or distributed to the public and any other uses which could be affected by, or affect the operation of, the use or the health, safety and welfare of the residents.
(2) The existence of substandard physical characteristics of the area in which the boarding house, group home, large state-licensed residential care facility or paroleeprobationer home is to be located such as lot widths, setbacks, narrow streets, limited available parking, nonconforming housing types, physical or economic conditions of blight, and other substandard characteristics.
(3) Whether, in light of the factors applied in subsections (d)(1) and (d)(2) of this section, it would be appropriate to apply the American Planning Association standard of permitting one boarding house, group home, large state-licensed residential care facility or parolee-probationer home per block. For purposes of this paragraph, "block" means an area of land that is bounded on all sides by streets or by streets and a cul-de-sac or by any other form of termination of the street (i.e., dead-end not a cul-de-sac). In applying this factor, the decision-making body shall take into consideration circumstances where, because of unusually long block or short block, application of the separation standard in section 18.59.016(i) would result in less than one use per block or more than two uses per block.
(e) The operation of buses, vans, and other similar passenger carrying vehicles, to transport residents to and from off-site activities does not generate vehicular traffic substantially greater than that normally generated by residential activities in the surrounding areas.
(f) Arrangement for the delivery of goods are made within the hours that are compatible with and will not adversely affect the peace and quiet of neighboring properties. (g) Arrangement for commercial trash collection in excess of usual residential collection are made within hours that are compatible with and will not adversely affect the peace and quiet of neighboring properties.
(h) That none of the homes identified by the applicant in its application have been found by state or local authorities to be operating in substantial or persistent violation of state or local law.
(i) That none of the persons who will have an ownership or leasehold interest in, or will be operators of, a boarding house or parolee-probationer home, have been convicted of a felony or any crime involving moral turpitude.
18.59.16 Standards.
The following standards shall apply to boarding houses, group homes, large statelicensed residential care facilities and parolee-probationer homes requiring a conditional use permit or a small group home permit. Violation of any of these standards shall constitute grounds for revoking the permit:
(a) The property shall be used, maintained, occupied, and/or operated in conformity with an operation and management plan approved by the director and filed with the city. The
plan shall ensure compliance with applicable state and local laws, ordinances, and regulations.
(b) The property shall be used, maintained, occupied and/or operated in such a manner as to not permit public nuisances, illegal parking, and violations of state and federal laws regarding disturbance of the peace, illegal drug activity, public drunkenness, public consumption of alcohol, harassment of passers-by, gambling, solicitation, public urination, theft, assault, battery, vandalism, littering, loitering, solicitation, and lewd conduct.
(c) The use shall not have any substantial adverse impacts on adjoining properties or land uses and shall be compatible with the character of the surrounding neighborhood. (d) The property shall comply with all setback, landscaping and other development standards of the underlying zone.
(e) Both indoor and outdoor common areas shall be provided on site. (f) No care, treatment or other services shall be provided on the property that would require licensure by the State of California.
(g) There shall be no more than two residents per bedroom (except that three minor children may share a single bedroom) unless the decision-making body approved a higher occupancy limit in issuing the permit. The decision-making body shall not approve a higher occupancy limit unless it finds, based on substantial evidence in the record, that such limit is appropriate given the characteristics of the dwelling, the availability of parking, and the measures taken to adequately protect the public health, safety, peace, comfort, and welfare (including, but not limited to, the reasonable sanitary needs of residents).
(h) The use shall maintain certification, if available, from a governmental agency or qualified nonprofit organization and such certification is a generally accepted practice or standard among the owners, operators, profession, or industry related to the use or home. (i) Group homes and large state-licensed residential care facilities shall not be located within 600 feet, measured from the property lines, of any other group home, state-licensed residential care facility, or parolee-probationer home. All other types of boarding houses, including, but not limited to, parolee-probationer homes, shall not be located within 1,000 feet, measured from the property lines, of any other boarding house, group home, statelicensed residential care facility, or parolee-probationer home. Parolee-probationer homes shall not be located within 1,000 feet, measured from the property lines, of any child day care center, public or private elementary or secondary school, park, public library, public swimming pool, a commercial establishment with an on-site children's playground, or any place where classes or group activities for children are regularly held. (j) All group homes and large state-licensed residential care facilities shall:
(1) Maintain and enforce house rules to ensure compliance with applicable permit conditions and prevent nuisances, including but not limited to provisions regarding parking, noise, refuse disposal, and visitor conduct; and (2) Provide for an onsite house manager who shall be responsible for, at a minimum, enforcement of the house rules and supervision of occupant schedules.
18.59.18 Nonconforming uses.
Any boarding house, large state-licensed residential care facility or group home, other than a parolee-probationer home, operating as of the effective date of this chapter is not required to obtain a permit under this chapter, provided that all permits that were required at the time the use was established were obtained and such facility was in compliance with the applicable standards set forth in Title 15 (Buildings and Construction, and Title 18 (Zoning), of this code, at the time the permit was obtained.
18.59.20 Revocations and modifications of permits.
(a) A permit issued pursuant to this chapter may be revoked pursuant to the procedures in Section 18.45.26 of this code.
(b) A permittee may request a modification to a small group home permit or conditional use permit issued under this chapter pursuant to the procedures in Section 18.45.20 of this code.
18.59.22 Authority to inspect.
Any city official or authorized representative charged with enforcement responsibilities under this code, state law or other government authority may enter and inspect the premises or perform any duty imposed by the municipal code or by state law, provided the owner, managers, operators, or lawful occupant(s) has consented to the inspection.
The refusal by an owner, manager, operator, or occupant to permit such entry and inspection may be considered in any proceeding to suspend or revoke the permit.
Hedges, Shyu, Chudzicki, Fiore, and Hutnik
City Council
STAFF REPORT
Date: March 18, 2026 Agenda Item:
3.F.
To: Honorable Mayor and City Council Members
From: Amanda Hamilton, Deputy City Manager /
Community Operations Director
Prepared By: Amanda Hamilton, Deputy City Manager /
Community Operations Director
Department: Community Operations
SUBJECT:
Approval of a Professional Services Agreement with Fehr & Peers for a Supplemental Emergency Evacuation Assessment and Adoption of Resolution No. 2026-11 Appropriating $35,000
RECOMMENDATION:
Approve Professional Services Agreement with Fehr & Peers for a Supplemental Emergency Evacuation Assessment and Adopt Resolution No. 2026-11 Appropriating $35,000.
SUMMARY:
As an animal-keeping community, Norco faces unique challenges in planning safe and efficient emergency evacuations. To address these needs, the City will partner with Fehr & Peers to evaluate the area north of North Drive/Arlington Avenue, which may require rapid evacuation during a major emergency. The study will analyze evacuation routes, vehicle and trailer demand, roadway capacity, and coordination with Riverview Elementary School, using a modeled Santa Ana Riverbed fire scenario to identify potential bottlenecks and improve overall preparedness. This is the first phase of a broader assessment, with the North Drive/Arlington area prioritized due to its immediate need.
BACKGROUND:
Emergency evacuation planning is a critical component of community safety and disaster preparedness. As part of the City’s General Plan Update, the City previously worked with Fehr & Peers to complete an emergency evacuation assessment evaluating multiple scenarios. Following that analysis, City staff identified an additional scenario that warrants further evaluation: a wildfire ignition in the Santa Ana Riverbed during a Santa Ana wind event, which could require the immediate evacuation of
residents north of North Drive and Arlington Avenue. This supplemental analysis will also consider coordinated evacuation procedures for Riverview Elementary School.
Because Fehr & Peers previously conducted evacuation modeling for the City and is familiar with Norco’s transportation network and modeling assumptions, the firm is wellpositioned to perform this supplemental assessment efficiently and effectively.
The Supplemental Emergency Evacuation Assessment will evaluate the capacity of the City’s roadway network during an emergency and estimate the time required for residents, students, and animals to reach safe areas. The study will address key planning considerations, including evacuation routes, estimated demand, and potential roadway constraints.
This supplemental assessment will provide the City with critical information to understand evacuation capacity, identify potential obstacles, and improve coordination for residents, students, and animals. The findings will enhance Norco’s emergency preparedness, support informed decision-making, and strengthen public safety in future wildfire or other emergency events.
FISCAL IMPACT:
The total cost of the proposed Professional Services Agreement is not to exceed $35,000. Funding for this expenditure will be provided through an appropriation of $35,000 from General Fund reserves. Upon City Council approval, the funds will be allocated to Non-Departmental Account No. 121.724.34105 in the Fiscal Year 2025–26 Operating Budget.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Direction No. 1, "Public Health, Safety and Wellness."
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Joshua Calhoun, Finance Director Approved by: Lisette Free, City Manager
Approved as to Form: Harper and Burns, LLP, City Attorney ATTACHMENT(S):
Professional Services Agreement
OC26-P2915 Fehr & Peers Proposal
Resolution 2026-11
CITY OF NORCO
PROFESSIONAL SERVICES AGREEMENT
WITH FEHR & PEERS FOR SUPPLEMENTAL
EMERGENCY EVACUATION ASSESSMENT
1. Parties and Date.
This Agreement is made and entered into this 18th day of March, 2026 by and between the City of Norco, a municipal corporation of the State of California (hereinafter referred to as "City") and Fehr & Peers, a corporation (hereinafter referred to as "Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.
2. Recitals.
2.1 Consultant.
Consultant desires to perform and assume responsibility for professional services on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in the work called for under this Agreement and that it is familiar with the expectations of City.
2.2 Project.
City desires to engage the Consultant to provide professional services for a supplemental emergency evacuation assessment for the City of Norco, as more particularly described in Exhibit A attached hereto and incorporated herein by reference ("Project") as set forth in this Agreement.
3. Terms.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to City all labor, services, and incidental and customary work necessary to fully and adequately perform the Project. 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 term of this Agreement shall begin at the Notice to Proceed and shall expire March 18, 2027 or when the Project is deemed complete by City, whichever occurs first. Consultant shall complete the Project within the term of this Agreement, and shall meet any other established schedules and deadlines. 1
2 3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Consultant. The Project shall be performed by Consultant. Consultant will determine the means, methods, and details of completing the Project subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
3.2.2 Conformance to Applicable Requirements. All work prepared by Consultant shall be Performed in strict compliance with this Agreement and shall be subject to the approval of City.
3.2.3 City's Representative. The City hereby designates the Deputy City Manager or their 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. City’s Representative may designate, in writing, any person to act on City’s behalf for any or all purposes under this Agreement.
3.2.4 Consultant's Representative. Consultant designates Jason D. Pack to act as Consultant’s representative for all purposes under this Agreement ("Consultant's Representative"). Consultant's Representative shall supervise and direct the Project, using 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.
3.2.5 Coordination of Project. Consultant agrees to work closely with City staff in the completion of the Project and shall be available to City staff and City consultants and other City representatives at all reasonable times.
3.2.6 Standard of Care: Performance of Employees. Consultant shall complete the Project in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Project. Consultant warrants that any employees and subconsultants shall have sufficient skill and experience to complete the Project.
Consultant represents that it, its employees, and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to complete the Project, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions caused by Consultant's failure to comply with the standard of care provided for herein.
3 3.3 Insurance.
3.3.1 Proof of Insurance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to City that it has secured all insurance required under this section. Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to City that the subconsultant has secured all insurance required under this section.
3.3.2 Minimum Requirements. Throughout the life of this Agreement, Consultant shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies): (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 authorized in writing by the City Manager or his/her designee at any time and in his/her sole discretion. The following policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for "bodily injury," "property damage" and "personal and advertising injury" with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than the following:
$1,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury (ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1 Any Auto) with limits of liability of not less than $1,000,000 per accident for bodily injury and property damage. (iii) WORKERS' COMPENSATION insurance as required under the California Labor Code.
(iv) PROFESSIONAL LIABILITY (Errors and Omissions) insurance appropriate to Consultant's profession, with limits of liability of $2,000,000 per claim/occurrence and $2,000,000 policy aggregate.
In the event Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall "follow
4 form" and afford no less coverage than the primary insurance policy(ies).
All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, or reduced in coverage or in limits except after 30 calendar days written notice has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Consultant shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the Project, Consultant shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.
The General Liability and Automobile Liability insurance policies shall be written on an occurrence form. The General Liability (including ongoing and completed operations) and Automobile Liability shall name City and its officers, officials, employees, agents, and volunteers as additional insureds. Such policy(ies) of insurance shall be endorsed so Consultant's insurance shall be primary and no contribution shall be required of City. The coverage shall contain no special limitations on the scope of protection afforded to the City and its officers, officials, employees, agents, and volunteers. The Workers' Compensation insurance policy shall contain a waiver of subrogation as to City and its officers, officials, employees, agents, and volunteers. Should Consultant maintain insurance with broader coverage and/or limits of liability greater than those shown above, City requires, and shall be entitled to, the broader coverage and/or the higher limits of liability maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
If the Professional Liability (Errors and Omissions) insurance policy is written on a claimsmade form:
1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by Consultant.
2. Insurance must be maintained, and evidence of insurance must be provided for at least 3 years after any expiration or termination of the Agreement or, in the alternative, the policy shall be endorsed to provide not less than a 3-year discovery period.
3. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by Consultant, Consultant must purchase extended reporting coverage for a minimum of 3 years following the expiration or termination of the Agreement.
Consultant shall furnish City all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be
5 received and approved by the City Manager or designee prior to commencement of work under this Agreement .
3.4 Fees and Payments.
3.4.1 Rates and Total Compensation. Consultant shall receive compensation, including authorized reimbursements, for services rendered under this Agreement at the rates set forth in Exhibit A attached hereto and incorporated herein by reference.
3.4.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed by Consultant. The statement shall describe the amount of work and supplies provided since the initial commencement date, or since the end of the previous billing period, as appropriate, through the date of the statement.
3.4.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City, during normal business hours, to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement.
3.6 Ownership of Materials and Confidentiality
3.6.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including, but not limited to, physical drawings or data magnetically, electronically, or otherwise recorded or stored, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data").
3.7 General Provisions.
3.7.1 Termination of Agreement.
6 3.7.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate, in whole or in part, this Agreement at any time with or without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven calendar days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. In the event this Agreement is terminated for cause, City may pursue all available legal remedies for breach of contract or any other available legal action. Consultant may not terminate this Agreement except for cause.
3.7.1.2 Effect of Termination. If this Agreement is
terminated, in whole or in part, for any reason, City may require Consultant to provide all finished and/or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of this Agreement.
Consultant shall be required to provide such Documents and Data and other information within 15 calendar days of the request.
3.7.1.3 Additional Services. In the event this Agreement is terminated, in whole or in part, for any reason, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.7.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant:
Fehr & Peers
3880 Lemon Street, Suite 420
Riverside, CA 92501
Attention: Jason D. Pack
City:
City of Norco
2870 Clark Avenue
Norco, CA 92860
Attention: Amanda Hamilton
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.
3.7.3 Cooperation: Further Acts. The Parties shall fully cooperate with
7 each other, and shall take any additional acts or sign any additional documents as necessary, appropriate, or convenient to attain the purposes of this Agreement.
3.7.4 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 bear their own attorney's fees.
3.7.5 Indemnification. To the furthest extent allowed by law, including California Civil Code section 2782.8, Consultant shall indemnify, hold harmless, and defend City and each of its elected officials, officers, 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, and property damage), and from any and all claims, demands, and actions in law or equity (including reasonable attorney's fees and litigation expenses) to the extent that any loss, liability, fines, penalties, forfeitures, costs, damages, claims, demands, or actions in law or equity arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant, its principals, officers, employees, or agents in the performance of this Agreement. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Consultant shall meet and confer with other parties regarding unpaid defense costs.
If Consultant should subcontract all, or any portion of, the services to be performed under this Agreement, Consultant shall require each subconsultant to indemnify, hold harmless, and defend the City and its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph.
This section shall survive termination and/or expiration of this Agreement.
3.7.6 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.
3.7.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.
3.7.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.7.9 City's Right to Employ Other Consultants. City reserves right to employ other Consultants in connection with the Project.
8 3.7.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.
3.7.11 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of 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.
3.7.12 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 calendar days unless stated otherwise. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
3.7.13 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.7.14 No Third Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
3.7.15 Invalidity: Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.7.16 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid, nor has it agreed to pay, any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of
9 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.
3.7.17 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subconsultant, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan, or other related programs or guidelines currently in effect or hereinafter enacted.
3.7.18 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services.
3.7.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.
Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.8 Subcontracting.
3.8.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [Signatures on next page]
10 Consultant: FEHR & PEERS
By:
Signature
Jason D. Pack
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST BE NOTARIZED.
Attach Certificate of Notary Acknowledgement
CITY OF NORCO, a municipal corporation
By: _____________________________
Robin Grundmeyer, Mayor
Attest:
By _____________________________
Janet Martinez, Interim City Clerk
Approved to Form:
By: _____________________________
Vanessa Lassooy, Attorneys for the City
3880 Lemon Street, Suite 420 Riverside, CA 92501
February 27, 2026
Amanda Hamilton
Deputy City Manager – Director of Community Operations
City of Norco
2870 Clark Avenue, Norco, CA 92860
Subject: Supplemental Emergency Evacuation Assessment for Norco Dear Amanda:
As part of our work on the General Plan Update, we completed an emergency evacuation assessment for several scenarios in the City of Norco. Since we completed that assessment, a new assessment has been identified by the City to test. The new scenario consists of a fire ignition in the Santa Ana Riverbed during a Santa Ana wind event that would necessitate an immediate evacuation of the area north of North Drive/Arlington Avenue and also include evaluation of the Riverview Elementary School. After testing this new scenario, we will meet to discuss the results of our evacuation assessment with the City and have reserved some budget to test a second evacuation scenario based on the results of the first assessment.
Our detailed approach and scope of services is outlined below:
Scope of Work
In general, evacuation assessment requires the following key elements to be considered:
• What are the evacuation routes under consideration?
• When does the evacuation occur?
• How much time does it take to notify people, have them respond, and then distribute onto the transportation system?
o In Norco this is unique – the number of animals in the neighborhood and time to load animals is of particular concern
o This also needs to include an estimate of vehicle demand (including trailer demand) which will be based on the number of vehicles and licensed drivers in the neighborhood • Where will people and animals evacuate to?
• What is the capacity constraint on the evacuation system and how long will it take to reach a safe area?
Our scope of service is presented below and focuses on our approach to these questions. Please note that emergency evacuations can occur due to any number of events. Additionally, any emergency movement is unpredictable because it has an element of individual behavior related to personal risk assessment for each hazard event as the associated evacuation instructions are provided. As such, our proposed assessment is intended to provide the City with a broad understanding of the capacity of the transportation system during an evacuation scenario; it does not provide a guarantee that evacuations will follow modeling that is used for analysis purposes, nor does it guarantee that the findings are applicable to any or all situations.
February 27, 2026 | 2
Moreover, as emergency evacuation assessment is an emerging field, there is no established standard methodology. Fehr & Peers applies existing methodologies in transportation planning and traffic engineering that, in our knowledge and experience, we believe are the most appropriate within the limits presented by the tools and data available and the budgetary and time constraints, and by current knowledge and state of the practice.
Task 1 – Kickoff Meeting and Evacuation Route Identification We will attend a kickoff meeting with City staff. At this meeting, we will verify the scope and scale of the evacuation event. We will verify the following with City staff:
• Where roadway closures may occur and where people and livestock will evacuate to? • What routes are open for emergency evacuation?
• What time does the evacuation occur at?
o We propose evaluating two time periods for this assessment:
One evacuation event at 6:00 AM. This is typically a worst-case scenario, when most residents are still at home and peak period traffic is building on the adjacent roadway system.
One evacuation event at 10:00 AM. This would be a situation where the school evacuation needs to be coordinated with the household evacuation.
We will also discuss strategies for estimating the number of animals in the evacuation area along with the number of vehicles and licensed drivers. If possible, we could coordinate with a community organization to assist with that information, or we can use similar assumptions from our previous evacuation assessments to assist with this estimation.
We would also like to review the After Action Report from the Mann Fire if it is available. It should provide valuable information about evacuations in this area that could be informative for this effort.
Task 2 – Estimate Demand
Fehr & Peers will utilize the information from Task 1 to estimate vehicle demand for the evacuation event. The two time periods will be utilized to estimate demand on the system during these events.
As part of this effort, we will need to coordinate with the school to better understand their procedure in evacuating the school. If the plan is to bus students from the site, the vehicle demand is very different than if parents need to arrive at the school to pick up their children. This would only affect the 10:00 AM evacuation scenario.
We will collect traffic counts at the following locations that will be used to inform our analysis. Counts will be collected between 7:00 AM and 11:00 AM and used in the evacuation assessment as “background demand” on the transportation system:
1. Arlington Avenue/Crestview Drive
2. North Drive/Viceroy Avenue
3. North Drive/California Avenue
4. Seventh Street/Pedley Avenue
February 27, 2026 | 3
Task 3 – Emergency Evacuation Time Estimates (ETEs)
ETEs will be identified using the demand estimates developed in Task 2, evacuation time distribution curves utilized borrowed from other evacuation events in the nation, and existing roadway geometric data. This will include estimating demand for both vehicles and trailers utilized in the evacuation event and the vehicle types will be incorporated into the analysis accordingly.
We will evaluate the four study intersections, which we believe to be the evacuation network capacity constraint locations, using microsimulation. Capacities will be adjusted down to account for erratic behavior occurring during and evacuation event and to account for the likely decrease in visibility during the event. The simulation will identify how long vehicles will stay in queue and the total time to facilitate the evacuation. Please note that we will assume that inbound traffic will need to be maintained for emergency vehicles and we will assume that a certain percentage of the trailers used to evacuate animals will also be inbound trips during the evacuation period.
Task 4 – Documentation
We will document our findings in a PowerPoint presentation. It will walk through the analysis assumptions, methodologies, and results of the evacuation assessment. Of particular concern would be how long it will take the neighborhood to evacuate.
Please note that we are not wildfire behavior specialists and do not know how the ability to deliver fire retardants to this area may change the ability for the ETEs to be met. However, our ETEs should provide a good estimate of needed evacuation times that can be used in the conversation.
We will meet with staff to go over the results of our analysis, update the presentation accordingly, and deliver it as final.
Optional Task – Engage Atlas Planning or Fire Behavior Specialist Most of our evacuation assessments have been completed with Atlas Planning who completed the local hazard mitigation plan/safety element for the City’s general plan update. As part of this task, we could engage Atlas Planning in these efforts. Specifically, Atlas Planning is well connected to emergency services personnel and understand evacuation scenarios based on local hazards. They are particularly helpful in engaging with emergency services personnel and the public about these matters and we could engage them as an additional service.
Alternatively, we could engage with a wildfire behavior specialist who could model the wildfire with behavior modeling software. We would need to identify a fire behavior specialist (we do not work with them that often) if the City was interested but can reach out and scope that component of the work if desired by the City while the ETEs are being developed.
Cost Estimate and Schedule
Fehr & Peers will perform Tasks 1-4 noted above on a time-and-materials basis for a not-to-exceed fee of $35,000 and includes $2,000 for data collection. If the optional task is desired, we will need to develop a scope and fee for that effort accordingly.
Fehr & Peers can complete our preliminary assessment and present results within four weeks of our receipt of the traffic count data and a contract from the City. Please be aware that contracting for
February 27, 2026 | 4
emergency evacuation assessments needs to be extremely fair for both parties; as such, standard of care language and indemnity needs to be fair for all parties executing the contract. Also, our fee estimate assumes that the City can lead coordination with a neighborhood group who can assist with identifying the number of animals that would need to be evacuated for our scenarios identified.
We look forward to working with you on this project. If you have any questions or comments, please contact me directly at 949-308-6312.
Sincerely,
FEHR & PEERS
Jason D. Pack, P.E.
Principal
OC26-P2915
RESOLUTION NO. 2026-11
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NORCO, CALIFORNIA, APPROVING
APPROPRIATION OF FUNDS FROM GENERAL
FUND RESERVES IN THE AMOUNT OF $35,000 FOR
A SUPPLEMENTAL EMERGENCY EVACUATION
ASSESSMENT
WHEREAS, the Fiscal Year 2025-2026 annual Operating Budget for the City of Norco, California was adopted by the City Council on June 18, 2025, and was amended on March 4, 2026, for mid-year adjustments; and WHEREAS, sufficient funds are available in the General Fund to fund the appropriation; and
WHEREAS, approval of the appropriation of funds in the amount of $35,000 for a Supplemental Emergency Evacuation Assessment; and
WHEREAS, any unused funds will remain in Non-Departmental Account No. 121.724.34105.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Norco, California, approve the appropriation in the amount of $35,000 from the General Fund Reserves for a Supplemental Emergency Evacuation Assessment.
PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on March 18, 2026.
_________________________
Robin Grundmeyer, Mayor
City of Norco, California
ATTEST:
_________________________
Janet Martinez, Interim City Clerk
City of Norco, California
Resolution No. 2026–11 Appropriation of Funds from General Fund Reserves in the amount of $35,000 for a Supplemental Emergency Evacuation Assessment.
March 18, 2026
I, Janet Martinez, Interim City Clerk of the City of Norco, California, do hereby certify that the foregoing Resolution was introduced and adopted by the City Council of the City of Norco, California, at a regular meeting thereof held on March 18, 2026, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on March 18, 2026. ________________________
Janet Martinez, Interim City Clerk
City of Norco, California
City Council
STAFF REPORT
Date: March 18, 2026 Agenda Item:
3.G.
To: Honorable Mayor and City Council Members
From: Sam Nelson, Public Works Director
Prepared By: Victor So, Senior Civil Engineer
Department: Public Works
SUBJECT:
Acceptance of Bids and Award of Contract for the FY 2025-26 Equestrian Trail Fencing Project (Various Locations)
RECOMMENDATION:
Accept bids and award a contract to Valley Cities Gonzales Fence, Inc. for the Fiscal Year 2025-26 Equestrian Trail Fencing Project (Various Locations) in the amount of $214,050; and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.
SUMMARY:
Bids for the FY 2025-26 Equestrian Trail Fencing Project (Various Locations) were opened on February 11, 2026, with Valley Cities Gonzales Fence, Inc. of Norco, California being the lowest responsible bidder. Therefore, it is recommended that a contract be awarded to Valley Cities Gonzales Fence, Inc. in the amount of $214,050 and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.
BACKGROUND:
Plans and specifications for the FY 2025-26 Equestrian Trail Fencing Project (Various Locations) were advertised on January 14, 2026, with bid opening date of February 11, 2026. A total of sixteen (16) bids were received with proposals ranging from $214,050 to $876,474. The bid summary analysis has been attached for review (Bid Summary).
The FY 2025-26 Equestrian Trail Fencing Project includes the removal of approximately 6,300 linear feet of existing wooden trail fence and installation of 12,000 linear feet of new vinyl trail fence at various locations within the City (see attached Proposed Fencing Locations).
Staff reviewed all the submitted bids and determined that Valley Cities Gonzales Fence, Inc. of Norco, California is the lowest responsible bidder in the amount of $214,050 (see attached Bid). Staff reviewed the references of the lowest bidder and bid documents submitted and determined the bid is responsive to all requirements and the contractor has the experience to complete the required construction activities for the FY 2025-26 Trail Fencing Replacement Project (Various Locations).
The project is funded by Measure R with a budget in the amount of $600,000. The budget is sufficient to cover the total project expenditures in the amount of $265,455.
This includes the project's estimated inspection costs in the amount of $30,000, the total bid amount of $214,050 and contract change orders up to 10 percent of the total bid amount, $21,405.
FISCAL IMPACT:
The 2025-26 Equestrian Trail Fence Project is funded by Measure R with a budget in the amount of $600,000 (54600.9; 132.945.43130 and 132.945.43130.30). There is sufficient funds to cover the total project expenditures in the amount of $265,455 which includes the total bid amount of $214,050 and contract change orders up to 10 percent of the total bid amount and estimated inspection costs.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Direction No. 5 - "Infrastructure and Asset Management".
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Joshua Calhoun, Finance Director Approved by: Lisette Free, City Manager
Approved as to Form: Harper and Burns, LLP, City Attorney ATTACHMENT(S):
Bid Summary - FY 25-26 Equestrian Trail Fencing
Trail Fencing Locations - FY 25-26 Equestrian Trail Fencing Bid Proposal - Valley Cities Gonzales Fence
Construction Contract - Valley Cities Gonzales Fence
City of Norco
Issued on 01/14/2026
Bid Due on February 11, 2026 12:00 PM (PST)
Exported on 02/11/2026
Line Totals (Unit Price * Quantity)
Item Description Unit Qty Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total 1 Install 42” High White PVC (Vinyl)
Equestrian Trail Fencing per City
Standards
LF 12,000 $16.00 $192,000.00 $16.21 $194,520.00 $17.32 $207,840.00 $18.67 $224,040.00 2 Remove Equestrian Trail Fencing,
haul and disposal per Exhibit A,
including mobilization and traffic
control
LF 6,300 $3.50 $22,050.00 $3.25 $20,475.00 $3.57 $22,491.00 $3.82 $24,066.00 Subtotal $214,050.00 $214,995.00 $230,331.00 $248,106.00 Total $214,050.00 $214,995.00 $230,331.00 $248,106.00
Bid Results for Project 2025-26 Equestrian Trail Fencing Project (54600.10)
Valley Cities Gonzales
Fence Inc.
Hemet Fence Corp CDM Services, Inc. Country Estate Fence Co., Inc.
City of Norco
Issued on 01/14/2026
Bid Due on February 11, 2026 12:00 PM (PST)
Exported on 02/11/2026
Line Totals (Unit Price * Quantity)
Item Description Unit Qty
1 Install 42” High White PVC (Vinyl)
Equestrian Trail Fencing per City
Standards
LF 12,000
2 Remove Equestrian Trail Fencing,
haul and disposal per Exhibit A,
including mobilization and traffic
control
LF 6,300
Subtotal
Total
Bid Results for Project 2025-26 Equestrian Trail Fencing Project (54600.10)
Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total $18.50 $222,000.00 $18.02 $216,240.00 $19.24 $230,880.00 $19.23 $230,760.00 $4.80 $30,240.00 $6.05 $38,115.00 $4.00 $25,200.00 $9.04 $56,952.00 $252,240.00 $254,355.00 $256,080.00 $287,712.00
$252,240.00 $254,355.00 $256,080.00 $287,712.00
OrangeBlue General RYZE Construction AB Fence Company, Inc. J & A Engineering Corp.
Contractors
City of Norco
Issued on 01/14/2026
Bid Due on February 11, 2026 12:00 PM (PST)
Exported on 02/11/2026
Line Totals (Unit Price * Quantity)
Item Description Unit Qty
1 Install 42” High White PVC (Vinyl)
Equestrian Trail Fencing per City
Standards
LF 12,000
2 Remove Equestrian Trail Fencing,
haul and disposal per Exhibit A,
including mobilization and traffic
control
LF 6,300
Subtotal
Total
Bid Results for Project 2025-26 Equestrian Trail Fencing Project (54600.10)
Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total $22.45 $269,400.00 $28.75 $345,000.00 $33.00 $396,000.00 $26.47 $317,640.00 $5.40 $34,020.00 $7.50 $47,250.00 $4.00 $25,200.00 $20.20 $127,260.00 $303,420.00 $392,250.00 $421,200.00 $444,900.00
$303,420.00 $392,250.00 $421,200.00 $444,900.00
DASH Construction
Company, Inc.
Red Hawk Services, Inc. Fencecorp, Inc. Baja Coast Fence, Inc.
City of Norco
Issued on 01/14/2026
Bid Due on February 11, 2026 12:00 PM (PST)
Exported on 02/11/2026
Line Totals (Unit Price * Quantity)
Item Description Unit Qty
1 Install 42” High White PVC (Vinyl)
Equestrian Trail Fencing per City
Standards
LF 12,000
2 Remove Equestrian Trail Fencing,
haul and disposal per Exhibit A,
including mobilization and traffic
control
LF 6,300
Subtotal
Total
Bid Results for Project 2025-26 Equestrian Trail Fencing Project (54600.10)
Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total $34.00 $408,000.00 $36.06 $432,720.00 $54.28 $651,360.00 $55.20 $662,400.00 $16.00 $100,800.00 $19.50 $122,850.00 $17.94 $113,022.00 $33.98 $214,074.00 $508,800.00 $555,570.00 $764,382.00 $876,474.00
$508,800.00 $555,570.00 $764,382.00 $876,474.00
KNC Construction, Inc. Saddleback Fence Estate Design and Construction
Westbrook Fence, Inc.
CITY OF NORCO
FY 2025-26 EQUESTRIAN TRAIL FENCING PROJECT
C
Rev.2026.01
EXHIBIT A
City of Norco
FY 2025-26 Equestrian Trail Fencing Project
Various Locations
LOCATION REMOVAL LINEAR
FOOTAGE
NEW FENCING
LINEAR FOOTAGE
Horseless Carriage Dr. - Fifth St. to Town &
Country Dr. (Parallel fence) 2,640 3,150
Hidden Trails Dr. - Smokewood Dr. to Cul-de-sac 140 300 Smokewood Drive - Sierra Ave. to Cul-de-sac 380 500
Top O' the Walk Dr - Western Ave. to Cul-de-sac 0 650
Wrangler Way - Temescal Ave. to Cul-de-sac 420 500
Woodward Ave. - Detroit St. to River Dr. 340 850
Corona Ave - 7th St. to River Dr. 340 700
First Street - Corona Ave. to Temescal Ave. 420 950
Second Street - Valley View Ave. to Corona Ave. 660 750 Draft Horse Pl - Dapplegray Ln.to Cul-de-sac 340 300
Second Street – 300’ west of Mountain Ave to EZ
UP (500' West of Hamner Ave) 260 250
Indian Horse Dr - Riding Ring Rd. to Caballeros Rd. 260 400 Fifth Street - Hamner Ave. to FYW I-15 0 250
Valley View Avenue – 3rd Street to 4th Street. 100 2,450 TOTAL 6,300 12,000
CITY OF NORCO
FY 2025-26 EQUESTRIAN TRAIL FENCING PROJECT
D
Rev.2026.01
Horseless Carriage Dr. - Fifth St. to Town & Country Dr.
CITY OF NORCO
FY 2025-26 EQUESTRIAN TRAIL FENCING PROJECT
E
Rev.2026.01
Hidden Trails Dr. - Smokewood Dr. to Cul-de-sac
CITY OF NORCO
FY 2025-26 EQUESTRIAN TRAIL FENCING PROJECT
F
Rev.2026.01
Smokewood Drive - Sierra Ave. to Cul-de-sac
Top O' the Walk Dr - Western Ave. to Cul-de-sac
CITY OF NORCO
FY 2025-26 EQUESTRIAN TRAIL FENCING PROJECT
G
Rev.2026.01
Wrangler Way - Temescal Ave. to Cul-de-sac
Woodward Ave. - Detroit St. to River Dr.
CITY OF NORCO
FY 2025-26 EQUESTRIAN TRAIL FENCING PROJECT
H
Rev.2026.01
Corona Ave - 7th St. to River Dr.
CITY OF NORCO
FY 2025-26 EQUESTRIAN TRAIL FENCING PROJECT
I
Rev.2026.01
CITY OF NORCO
FY 2025-26 EQUESTRIAN TRAIL FENCING PROJECT
J
Rev.2026.01
First Street - Corona Ave. to Temescal Ave.
Second Street - Valley View Ave. to Corona Ave.
Draft Horse Pl - Dapplegray Ln.to Cul-de-sac
CITY OF NORCO
FY 2025-26 EQUESTRIAN TRAIL FENCING PROJECT
K
Rev.2026.01
Second Street – 300’ west of Mountain Ave to EZ UP (500' West of Hamner Ave)
CITY OF NORCO
FY 2025-26 EQUESTRIAN TRAIL FENCING PROJECT
L
Rev.2026.01
Indian Horse Dr - Riding Ring Rd. to Caballeros Rd.
CITY OF NORCO
FY 2025-26 EQUESTRIAN TRAIL FENCING PROJECT
M
Rev.2026.01
Fifth Street - Hamner Ave. to FYW I-15
CITY OF NORCO
FY 2025-26 EQUESTRIAN TRAIL FENCING PROJECT
N
Rev.2026.01
Valley View Avenue – 3
rd Street to 4th Street
CITY OF NORCO
FY 2025-26 EQUESTRIAN TRAIL FENCING PROJECT
BIDDER’S NAME: \IGJ\ié‘Q;\‘iwe:Q)on’LQtI-tQua S U; ,m,
PROPOSAL
FOR
FY 2025-26 EQUESTRIAN TRAIL FENCING PROJECT
TO CITY OF NORCO, as AGENCY:
In accordance with AGENCY’S “Notice Inviting Sealed Bids," the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth In the Plans, Specifications, and Contract Documents therefore, and to perform all work in the manner and time prescribed therein.
BIDDER declares that this proposal is based upon careful examination of the work site, Specifications, Instructions to Bidders, and Contract Documents. If this proposal is accepted for award, BIDDER agrees to enter into a Contract with the AGENCY at the unit and/or lump sum prices set forth in the following Proposal Bid Sheet. BIDDER understands that failure to enter into a Contract in the manner and time prescribed will result in forfeiture to AGENCY of the Bid Bond accompanying this proposal.
BIDDER understands that a bid is required for the entire work which the estimated quantities set forth in the Proposal Bid Sheet are solely forthe purpose of comparing bids, and that final compensation under the Contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case ofdiscrepancies in the amounts bid, unit prices shall govern over extended amounts. acknowledges that he is aware of the provisions of Section 3700 of
CITY OF NORCO
FY 2025-26 EQUESTRIAN TRAIL FENCING PROJECT
opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.
BIDDER declares in the attached Non-Collusion Affidavit that the only persons or parties interested in this proposal as principals are those named therein; that no officer, agent, or employee of the AGENCY is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work; and that this proposal is in all respects fair and without collusion or fraud.
BIDDER certifies that affirmative action has been taken to seek out and consider disadvantaged business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been carefully documented, that said documentation is open to inspection, and that said affirmative action willremain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action willbe taken to meet all equal employment opportunity requirements of the Contract Documents.
(.SSQOQL- DATED: £9103 Jogg BIDDERNSKWL QIéncs
BY:
TITLE: :1.E__,D
BIDDER'S ADDRESS: 335% SI1A4“SI.
?orLo, Ck ctlng
PHONE: chol) T155—\UrS
CITY OF NORCO
FY 2025-26 EQUESTRIAN TRAIL FENCING PROJECT
BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
Bidder's Name: \J0o\\~ui Qi-I'i «5 gen-Lg?esSang {In L .
Business Address: \5";% Si )UvI/t St -
‘(\g_r 90 I CR 0056 to0
Telephone: L35 0 .1 '55 — \ \ E‘t?
State Contractor's License No. and Class: 5 —I5 3 l 5
Original Date Issued: (IS!IEI
I939] Expiration Date: DIo O O 9.7
DIR Registration No.: \0 000 O\%\ _I
The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest in this proposal:
mttm LLLLS“L.E0
WK LKAS onmks — (DP-est OlenI—
300$ UVCNCvoVVLQtI-CS ”MI
\t
The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows:
We
CITY OF NORCO
FY 2025-26 EQUESTRIAN TRAIL FENCING PROJECT
CONTRACTOR'S LICENSING STATEMENT
The undersigned is licensed in accordance with the laws of the State of California providing for the registration of Contractors.
Contractor‘s License Number: 51 5 2) 15
DIR Registration No.: \0 0 000 \X \ _]
Name of Individual Contractor (Print or Type)
“OM«A‘QQI’NLS Q’JOYVLOVIQS Event»;EARL
Signature of Owner:
Business:
Address or Name of Firm:
Business Address:
Name: .DOJK‘h AQ7®Y\Z_OV\~Q,S
Address: \255‘ €\ SLUQS“.
Name: IIh\h $5$992QAg§
Address or Name of Corporationwl?ki QLiugp?zo IQ; Jug (J. IT.“1.
Title: EE: O
Wows. CDCOIQL‘éIQO
Titie: Q E. 0
Business Address: \QJ?)%S\LLV\i' “Of‘ kb CR 1 W18k0’0
Corporation organized under the laws of the State of \CCOr
CITY OF NORCO
FY 2025-26 EQUESTRIAN TRAIL FENCING PROJECT
SUBCONTRACTOR LIST
In compliance with the provisions of the Public Contract Code Section 4104, the undersigned bidder herewith sets forth the name, location of the place of business, and California contractor license of each Subcontractor who will perform work or labor or render service to the Prime Contractor specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one—half(1/2) of one percent (1%) ofthe General Contractor's total bid amount or, in the case of bids or offers for the construction of streets or highways, including bridges in excess of one-half of 1 percent (0.5%) of the Prime Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and the portion of the work which willbe done by each Subcontractor.
Name Under Specific
Which Sub Description of
Contractor is License DIR Address of Sub Contract % of Total Licensed Number Number Office Work Bid
,
”
i
Ifthe bidder fails to specify a Subcontr ctor forany portion of the work, the bidder agrees to perform the work with his own cre . (Alternative Subcontractors for the same work are prohibited by provisions of the Calixornia
Government Code.)
An inadvertent error in listing the California contractor license number provided pursuant to paragraph (1) shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive if the corrected contractor's license number is submitted to the public entity by the prime contractor within 24 hours after the bid opening and provided the corrected contractor's license number corresponds to the submitted name and location for that subcontractor.
CITY OF NORCO
FY 2025-26 EQUESTRIAN TRAIL FENCING PROJECT
REFERENCES
The following are the names, addresses, and phone numbers for three public agencies for which BIDDER has performed similar work within the past two years:
QJAwte} Goren '8~°0/3\EI Ezérggkom??‘mlgmm 9310 ClarkRULI?OFLOIQSL 358w (Q‘Bl?joJS‘EOTI Various Loon/Iv; 0M
?bres;MnjBALSmm —TPcA; I 942»;m3' \IEh33rm ~ ~
- . ' em $77-57?
390.55—H‘xober‘ASLMJ Rthwg‘xL‘x“:ES - O?YJC‘N/ ‘L'Kl'é'l Umo‘chrx-moHillsJumbo szt?tmurwahina wllg?u omoq
W—?m bum 1‘:Godot; L’bmwmo
mx wetsuitmid eume$rks®wmmlsmp5
DESIGNATION OF SURETIES
The following are the names, addresses, and phone numbers for all brokers and sureties from whom BIDDER intends to procure insurance and bonds:
J35 mmmu? {WMr ,
55:1 WKSI'mthI?WVmSmols?ng 5558):“38881;
;
WWI: Mil/13
Q04
:‘L’OL‘Lf‘dA—wé IhSAAPOJHCL' laI
(2.. GMESLAQM
CITY OF NORCO
FY 2025-26 EQUESTRIANTRAIL FENCING PROJECT
CITY OF NORCO
BIDBOND
FOR
FY 2025-26 EQUESTRIAN TRAIL FENCING PROJECT
KNOW ALL MEN BY THESE PRESENT that Valley Cities Gonzales Fence. Inc. , as BIDDER,and
Merchants BondingCompany (Mutual) as
SURETY, are held and firmly bound unto THE CITY OF NORCO, as AGENCY, in the penal sum of
ten percent of bid amount (10%) douars
($ 10% of bid amount), which is 10 percent of the total amount bid by BIDDER to AGENCY for the above stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents.
THE CONDITIONSOF THIS OBLIGATIONARE SUCH that, whereas BIDDERis about to submit a bid to AGENCY for the above stated project, ifsaid bid is rejected, or ifsaid bid is accepted and a contract is awarded and entered into by BIDDERin the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY.
WITNESS our hands this 3rd day of February .20 26 .
(seal)
Valley Cities GonzalesFence, Inc.
CONTRAC 9R” , ION) — TYPE
/
NOTE: SIGNATUREOF CORPORATEOFFICIALSMUST BE NOTARIZED.
CITY OF NORCO
FY 2025-26 EQUESTRIANTRAILFENCING PROJECT
CERTIFIED OR CASHIERSCHECKOR BIDDERSBOND MUST BE SCANNED 0R UPLOADEB TO THEPLANET BIDS PORTAL WHEN SUBMITTINGTHE BID/PROPOSAL. THE SUCCESSFUL BIDDERSHALLPROVIDETHE ORIGINALBIDDERS BONDDOCUMNETATIONTIMEOF AWARD.
BIDBOND (PAGE 2)
(seal)
SURETY’SNAMETYPE: Merchants BondingCompany (Mutual)
MailingAddress: 6700 Westown Parkway
West Des Moines, IA50266
By: Michael R. Strahan
Name
Signature:
Title: Attorney-In-Fact ()
NOTE: SIGNATUREOF SURETYMUST BE NOTARIZED:
A notary publicor other of?cer completingthis certi?cate veriliesonly the identity of the individualwho signed the document to which this ceni?caie is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTYOF 8% Di20p )
Subscribed and sworn to (oraffirm
beore
me thisM dayMM 20 __Q_
by MWR , Mprovedto
me on the basis of satisfactory evidence to be the who d before me.
MERCHANm
BON DING COMPANY”
POWER OF ATTORNEY
KnowAllPersons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL)and MERCHANTS NATIONAL BONDING.INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the “Companies") do hereby make, constitute and appoint, individually.
AllisonOcampo; E B Strahan; Michael R Strahan
their true and lawful Attorney(s)—in-Fact. to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the ?delity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
This Power-ofAttorney is granted and is signed and sealed by facsimile under and by authority of the following By—Lawsadopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and April 27, 2024 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015 and amended on April 27, 2024. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in‘Fact. and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized of?cer and the seal of the Company may be af?xed by facsimile or electronic transmission to any Power of Attorney or Certi?cation thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually ?xed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and out hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or ?nal estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department ofTransportation making payment of the ?nal estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond.
In connection with obligations In favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modi?ed or revoked unless prior written personal notice of such intent has been given to the CommissionerDepartment of Highways of the Commonwealth of Kentucky at least thirty (30) days priorto the modification or revocation.
InWitness Whereof, the Companies have caused this instrument to be signed and seated this 29m day of Ju|y .2024
MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANTS NATIONAL BONDING, INC.
dlbla MERCHANTS NATIONAL INDEMNITYCOMPANY
.. ad”;7%
President
STATE OF lOWA
COUNTY OF DALLAS 55. On this 29m day of July 2024 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals af?xed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. "lull-l“
‘52“ Penni Miller
,2 Commission Number 787952
0 a rural? My Commission Expires
iOWA January 20, 2027
Notary Public
CITY OF NORCO
FY 2025-26 EQUESTRIAN TRAIL FENCING PROJECT
NON-COLLUSION AFFIDAVIT
STATE OF CALIFORNIA )
. _ ) SS
COUNTY OF
‘ rams/19¢ )
IVI”Daub QMVZFWE'3 , being first duly sworn deposes and says that he is 1) E£<rv3£th
(Sole Owner, Partner, President, etc.)
of t/thC7L Cz-rLES L/ONY?—IESIPENCEIKCAIIGparty 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 connection, organization, bid depository, or to any member or persons as have a partnership or" ther financial interest with said BIDDER in his general business. -
J
/ u//
Signed
l
*>g/ #4590ng
Title
A notary public or other officer completing this certificate veri?es only the identity of the individual who signed the document to which this certi?cate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
f
) ss
COUNTY OF guard/Vt
)
CITY OF NORCO
FY 2025-26 EQUESTRIAN TRAIL FENCING PROJECT
PROPOSAL BID SHEET
DESCRIPTION OF ITEMS UNIT
ITEM QUANTITY UNIT WITH UNIT PRICE WRITTEN PRICE IN TOTAL
INWORDS FIGURES
1. 12000 LF Install 42" High White PVC $ 55
(Vinyl) Equestrian Trail Fencing
per City Standards per the
matrix included in these ‘de \q2uODD
specifications including
mobilization and traffic control at
Per Linear Foot
2. 6,300 LF Remove Equestrian Trail 35 $
Fencing, haul and disposal per
Exhibit A, including mobilization . .
and traffic control at '5SD 2.2)OSO
Per Linear Foot
Note: All linear footage shall be verified by the City Inspector and Contractor together prior to submittal of payment requests.
BASE BID TOTAL AMOUNT
$
FY 2025-26 EQUESTRIAN TRAIL FENCING PROJECT
21%loss
BASE BID TOTAL AMOUNT IN WORDS
CITY OF NORCO
FY 2025-26 EQUESTRIAN TRAIL FENCING PROJECT
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NOTE: The unit price must be written in words and also shown in figures. The total price must be extended for each item of work and the total of all items inserted in the space provided.
INWITNESS WHEREOF, BIDDERexecutes and submits this proposal with the names, titles, hands, and seals ofall forenamed principals this El day of 13301M (a ,2 Q 2(P
BIDDEROMBCAhQSClix/\ZQXQR VOAQ). HEWL
CITY OF NORCO
FY 2025-26 EQUESTRIAN TRAIL FENCING PROJECT
A notary public or other officer completing this certificate veri?es only the identity of the individualwho signed the document to which this certi?cate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF
(21015114096 )
Subscribed and sworn to (or affirmed) before me this 9 day of Feg?am , 20 7—6, by ”mugs HMTI/ON/Hut/1L6 , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Seal Signature/é/f
RICARDO(BACON
NotaryMile - CalIIarnII
RivmideCounty
Cami-last“I!2497119
MyComm.Expire:Aug9, 2023
AGENCY acknowledges that this proposal was received and opened at the time and in the place specified, and that itwas accompanied by the required guarantee in the amount of 10 percent of the total bid.
Title [VP/25S ; DENT
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CONTRACT AGREEMENT
CITY OF NORCO
FY 2025-26 Equestrian Trail Fencing Project
1. Parties and Date.
This Agreement is made and entered into this 18th day of March, 2026 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 Valley Cities Gonzales Fence, Inc., a corporation with its principal place of business at 1338 Sixth Street, Norco, CA 92860 (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 FY 2025-26 Equestrian Trail Fencing Project on the terms and conditions set forth in this Agreement.
Contractor represents that it is experienced in constructing equestrian trail fencing 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 FY 2025-26 Equestrian Trail Fencing 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 plans. 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 90 working days. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
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3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor.
The Project shall be constructed by Contractor or under its supervision. Contractor will determine the means, methods and details of constructing the Project subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Any additional personnel constructing the Project under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with the construction of the Project under this Agreement and as required by law.
Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services.
Contractor shall construct the Project expeditiously, within the term of this Agreement, and in accordance with the Project timeframe set forth herein. Contractor represents that it has the professional and technical personnel required to construct the Project in conformance with such conditions. In order to facilitate Contractor’s conformance with the Project timeframe, City shall respond to Contractor’s Requests for Information in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Project timeframe.
3.2.3 Conformance to Applicable Requirements.
All work prepared by Contractor shall be subject to the approval of City.
3.2.4 City’s Representative.
The City hereby designates the Director of Public Works, or his designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.5 Contractor’s Representative.
Contractor hereby designates David Gonzales–President, or his designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”).
Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Project, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Project under this Agreement.
3.2.6 Coordination of Project.
Contractor agrees to work closely with City staff in the construction of the Project and shall be available to City’s staff, consultants and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees.
Contractor shall construct the Project under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to construct the Project. Contractor warrants that all employees
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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 reemployed to perform any work on the Project.
3.2.7.1 Period of Performance and Liquidated Damages.
Contractor shall perform and complete the Project under this Agreement within the term set forth in Section 3.1.2 above (“Term”). Contractor shall construct the Project in strict accordance with any timeframe provided herein, or which may be provided separately in writing to the Contractor.
Contractor agrees that if the Project is not completed within the aforementioned Term and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of $1,000.00 per working day:
3.2.8 Laws and Regulations.
Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Project. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.9 Insurance.
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:
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(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than the following:
$2,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $2,000,000 aggregate for products and completed operations $4,000,000 general aggregate
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non owned automobiles or other licensed vehicles (Code 1 Any Auto) with limits of liability of not less than $1,000,000 per accident for bodily injury and property damage.
(iii) WORKERS’ COMPENSATION insurance as required under the California Labor Code. (iv) EMPLOYERS’ LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee. (v) BUILDERS RISK (Course of Construction) insurance in an amount equal to the completed value of the project with no coinsurance penalty provisions. (Only required if the project includes new construction of a building; or renovation of, or addition to, an existing building.)
(vi) CONTRACTORS POLLUTION LIABILITY (Unless waived in writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is required for all environmental and water remediation work and for all work transporting fuel. Unless waived in writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is also required for demolition, renovation, HVAC, plumbing or electrical (including, without limitation, lighting) work on any structure built prior to the year 1990.) insurance with limits of liability of not less than the following:
$1,000,000 per occurrence or claim
$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
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involves any mold environmental hazard (e.g., mold remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for mold environmental hazards and “microbial matter including mold” within the definition of “Pollution” under the policy.
Contractor shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Contractor shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee in his/her sole discretion. At the option of the City Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees and agents; or (ii) Contractor shall provide a financial guarantee, satisfactory to the City Manager or his/her designee in his/her sole discretion, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or selfinsured 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. (v) These requirements shall survive expiration or termination of the Contract.
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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 ofemployees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
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3.2.11 Bonds.
3.2.11.1 Performance Bond.
Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-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 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 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
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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.
3.5.1.2 Effect of Termination.
If this Agreement is terminated as provided herein, City may require Contractor to provide all
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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:
Valley Cities Gonzales Fence, Inc.
1338 Sixth Street, Norco, CA 92860
Attention: David Gonzales–President
City:
City of Norco
2870 Clark Avenue Norco, CA 92860
Attention: Director of Public Works
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the US Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Cooperation; Further Acts.
The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.4 Attorney’s Fees.
If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the parties shall bear their own attorney's fees.
3.5.5 Indemnification.
To the furthest extent allowed by law, including California Civil Code section 2782, Contractor shall indemnify, hold harmless and defend City and its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Agreement. Contractor’s obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole
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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
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performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
3.5.15 No Third Party Beneficiaries.
There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.16 Invalidity; Severability.
If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.17 Prohibited Interests.
Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement.
Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.18 Equal Opportunity Employment.
Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.19 Labor Certification.
By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake 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
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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: Valley Cities Gonzales Fence, Inc.
*By:
Signature David Gonzales–President
OWNER: CITY OF NORCO, a municipal corporation
*By:
Robin Grundmeyer, Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
Colin Burns, City Attorney
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EXHIBIT A
FY 2025-26 Equestrian Trail Fencing Project
The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as necessary and required to construct and install 42” High White Vinyl Equestrian trail fencing at the locations shown in the trail matrix replacement for various locations and all appurtenant related work to the satisfaction and acceptance of the City Engineer and Director of Public Works.
Installation of new fencing may require hand digging as needed if utility conflicts are present.
Removal of the existing trail fencing is included in the project bid items.
The services shall be performed in accordance with the Standard Specifications for Public Works Construction (Green Book), latest edition, including all current supplements, addenda, and revisions thereof (hereinafter referred to as “Standard Specifications”) incorporated herein by this reference. Any provisions which supplement or modify the Standard Specifications are attached hereto as Special Provisions and incorporated herein by this reference.
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EXHIBIT B
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:
FY 2025-26 Equestrian Trail Fencing Project
The general items of work to be done hereunder consist of:
The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as necessary and required to construct and install 42” High White Vinyl Equestrian trail fencing at the locations shown in the trail matrix replacement for various locations and all appurtenant related work to the satisfaction and acceptance of the City Engineer and Director of Public Works.
Installation of new fencing may require hand digging as needed if utility conflicts are present.
Removal of the existing trail fencing is included in the project bid items. (hereinafter referred to as the “Public Work”); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated ___________________________________, (hereinafter referred to as the "Contract"), which Contract is incorporated herein by this reference; and WHEREAS, the Contractor is required by said Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof.
NOW, THEREFORE, we, ____________________________________________________, the undersigned Contractor, as Principal, and ___________________________________________ _____________________________, a corporation organized and existing under the laws of the State of _______________________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Norco in the sum of ____________________________________________________________________________ Dollars ($___________________), said sum being not less than 100 percent of the total amount payable by the said Obligee under the terms to the said Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the bounden Contractor, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract and any alteration thereof made as therein provided, on his or its parts, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated in said Contract, then this obligation shall become null and void; otherwise it shall be and remain
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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 ______________________, 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).
IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department’s most current list (Circular 570 as amended). THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California if different from
above)
(Telephone Number of Surety and
Agent or Representative for service
of process in California)
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF )
On ____________________ 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 Attorneyin-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.
I certify under PENALTY OF PERJURY
under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Notary Public in and for said State Commission expires: ____________________
NOTE:
A copy of the Power of Attorney to local representatives of the bonding company must be attached hereto.
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PAYMENT BOND
(CALIFORNIA PUBLIC WORK)
KNOW ALL MEN BY THESE PRESENT:
THAT WHEREAS, the City of Norco (sometimes referred to hereinafter as Obligee” has awarded to ________________________________________________________ hereinafter designated as the “Contractor”), an agreement dated __________________________, described as follows:
FY 2025-26 Equestrian Trail Fencing Project
The general items of work to be done hereunder consist of:
The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as necessary and required to construct and install 42” High White Vinyl Equestrian trail fencing at the locations shown in the trail matrix replacement for various locations and all appurtenant related work to the satisfaction and acceptance of the City Engineer and Director of Public Works.
Installation of new fencing may require hand digging as needed if utility conflicts are present.
Removal of the existing trail fencing is included in the project bid items. (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 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
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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).
IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department’s most current list (Circular 570 as amended). THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California if different from
above)
(Telephone Number of Surety and
Agent or Representative for service
of process in California)
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF )
On ____________________ 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 Attorneyin-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.
I certify under PENALTY OF PERJURY
under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Notary Public in and for said State 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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GENERAL LIABILITY ENDORSEMENT
CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5627
A. POLICY INFORMATION Endorsement #
1. Insurance Company
Policy Number
2. Policy Term (From) (To)
Endorsement Effective Date
3. Named Insured
4. Address of Named Insured
5. Limit of Liability Any One Occurrence/Aggregate
$
6. Deductible or Self-Insured Retention (Nil unless otherwise specified):
7. Coverage is equivalent to:
Comprehensive General Liability Form GL0002 (Ed. 1/73)
Commercial General Liability “Occurrence” Form CG0001
8. Bodily Injury and Property Damage Coverage is:
”occurrence”
Note: The City of Norco standard insurance requirements specify “occurrence” coverage. “Claimsmade” 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:
FY 2025-26 Equestrian Trail Fencing Project
The general items of work to be done hereunder consist of:
The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as necessary and required to construct and install 42” High White Vinyl Equestrian trail fencing at the locations shown in the trail matrix replacement for various locations and all appurtenant related work to the satisfaction and acceptance of the City Engineer and Director of Public Works. Installation of new fencing may require hand digging as needed if utility conflicts are present. Removal of the existing trail fencing is included in the project bid items.
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 (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
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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 bind the (Print/Type Name)
below-listed insurance company and by my signature hereon do so bind this company.
SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original Signature required on endorsement furnished to the City of Norco) ORGANIZATION:
TITLE:
ADDRESS:
TELEPHONE:
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AUTOMOBILE LIABILITY ENDORSEMENT
CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5627
A. POLICY INFORMATION Endorsement #
1. Insurance Company
Policy Number
2. Policy Term (From) (To)
Endorsement Effective Date
3. Named Insured
4. Address of Named Insured
5. Limit of Liability Any One Occurrence/Aggregate
$
6. Deductible or Self-Insured Retention (Nil unless otherwise specified):
$
B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:
1. INSURED. The City of Norco, its elected or appointed officers, officials, consulting engineers, employees and volunteers are included as insured with regard to damages and defense of claims arising from: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the City of Norco, its elected or appointed officers, officials, employees, consulting engineers or volunteers.
2. CONTRIBUTION NOT REQUIRED. As respects work performed by the Named Insured for or on behalf of the City of Norco, the insurance afforded by this policy shall: (a) be primary insurance as respects the City of Norco, its elected or appointed officers, officials, employees, consulting engineers or volunteers; or (b)
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stand in an unbroken chain of coverage excess of the Named Insured’s primary coverage. In either event, any other insurance maintained by the City of Norco, its elected or appointed officers, officials, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SCOPE OF COVERAGE. This policy, if primary, affords coverage to the Named Insured at least as broad as:
(1) Insurance Services Office form number CA 00001 (Ed. 1/78), Code 1 (“any auto”) and endorsement CA 0025.
(2) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding Section (1).
4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage, or against whom a claim is made or a suit is brought, except with respect to the Company’s limit of liability.
5. PROVISIONS REGARDING THE INSURED’S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City of Norco, its elected or appointed officer, officials, employees, consulting engineers or volunteers.
6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.
C. INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:
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 bind the (Print/Type Name)
below-listed insurance company and by my signature hereon do so bind this company.
SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original Signature required on endorsement furnished to the City of Norco) ORGANIZATION:
TITLE:
ADDRESS:
TELEPHONE:
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WORKER’S COMPENSATION/EMPLOYER’S LIABILITY ENDORSEMENT
CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5627
A. POLICY INFORMATION Endorsement #
1. Insurance 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.
C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, _________________________________,
ORGANIZATION:
(Print/Type Name) TITLE:
warrant that I have authority to bind the
below-listed insurance company and by my
signature hereon do so bind this company. ADDRESS:
SIGNATURE OF AUTHORIZED REPRESENTATIVE TELEPHONE:
(Original Signature required on endorsement furnished to the City of Norco)
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W-9 FORM
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City Council
STAFF REPORT
Date: March 18, 2026 Agenda Item:
3.H.
To: Honorable Mayor and City Council Members
From: Amanda Hamilton, Deputy City Manager /
Community Operations Director
Prepared By: Amanda Hamilton, Deputy City Manager /
Community Operations Director
Department: Community Operations
SUBJECT:
Acceptance of Bids, Approve Project Plans, and Award Contract for the Fire Station 47 HVAC Replacement (Project No. 54303.15)
RECOMMENDATION:
Accept bids, approve project plans, and award contract to Allison Mechanical, Inc. in the amount of $360,500 for the Fire Station 47 HVAC Replacement Project; and authorize the City Manager to approve contract change orders up to 10% of the original contract.
SUMMARY:
Fire Station 47 requires replacement of its original 2004 HVAC system due to age and declining performance. A competitive bid process was conducted, and Allison Mechanical, Inc. was identified as the lowest responsive and responsible bidder after staff verified all required qualifications, licensing, compliance, and references. The project will install new HVAC and electrical components in accordance with applicable codes and operational requirements. In accordance with Government Code Section 830.6, approval of the project plans is necessary to confer design immunity to the City.
BACKGROUND:
Fire Station 47, located at 3902 Hillside Avenue in Norco, was constructed in 2004 and is a 16,600 square-foot wood-framed facility that supports fire-response operations, administrative functions, and the City’s Emergency Operations Center (EOC). The station operates continuously, which places ongoing demands on its mechanical systems.
The existing HVAC equipment is original to the building and is now more than 20 years old. The system no longer provides consistent temperature regulation, or energy efficiency and has exhibited reduced mechanical reliability. Replacement of the system
is required to maintain operational performance consistent with essential-services facility needs.
The HVAC Replacement Project includes procurement and installation of packaged heat pump units, split systems, ductwork, insulation, refrigerant piping, dampers, silencers, sensors, and a new controls system with head-end equipment and carbon dioxide (CO₂) sensors. Electrical work includes deactivation of existing equipment, installation of a new 400A panel and feeder, and necessary connections and disconnects for HVAC components. Additional work includes seismic bracing, firestopping, temporary power, and provision of as-built drawings, testing, adjusting and balancing (TAB) and commissioning reports, O&M manuals, warranties, and staff training. All work must comply with the California Building Standards Code, Title 24 Energy Code, and applicable City requirements, and must be coordinated to avoid disruption to the station’s 24-hour operations.
On January 10, 2026, the City issued a Notice Inviting Sealed Bids for the project through the PlanetBids Vendor Portal. A mandatory pre-bid meeting was held on January 22, 2026, with 12 contractors in attendance.
On February 10, 2026, the City received four bids, ranging from $360,500 to $831,345:
Allison Mechanical, Inc. – $360,500
Pacific West Industries, Inc. – $631,002.71
GK LUX Group HVAC, Inc. – $654,450.69
MEP Fusion – $831,345
City staff reviewed the bid submitted by Allison Mechanical, Inc. and determined that all required bid documents were provided. The contractor possesses the necessary experience, staffing, and technical qualifications, and both the company’s California license and Department of Industrial Relations registration are current. All listed subcontractors hold valid licenses and DIR registrations and meet Public Contract Code requirements. References contacted by staff confirmed the satisfactory completion of similar projects. Based on this review, Allison Mechanical, Inc. was identified as the lowest responsive and responsible bidder.
In accordance with Government Code Section 830.6, it is recognized that neither the City nor its employees shall be held liable for any injuries resulting from the approved design or plan of public property, provided the design has received prior approval from the appropriate legislative or discretionary authority and conforms to applicable standards. As such, it is further recommended that the City Council approve the project plans for the Fire Station 47 HVAC Replacement Project.
The HVAC Replacement Project is necessary to address the age and performance limitations of the existing system at Fire Station 47. The procurement process was conducted in compliance with State law and City requirements. Allison Mechanical, Inc. submitted the lowest responsive and responsible bid and meets all qualifications to perform the work.
FISCAL IMPACT:
The Fire Station 47 HVAC Replacement Project (Project No. 54303.15) was approved as a Capital Improvement Project for Fiscal Year 2025-26 with a budget of $900,000.
Sufficient funding is available in the Measure R Account (No. 132.910.43115) to support the project.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Directive No. 5, "Infrastructure and Asset Management."
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Joshua Calhoun, Finance Director Approved by: Lisette Free, City Manager
Approved as to Form: Harper and Burns, LLP, City Attorney ATTACHMENT(S):
Contract Agreement_Fire Station 47 HVAC Project Allison Mechanical Inc.
Fire Station 47 HVAC Project Bid Breakdown
Allison Mechanical, Inc Bid
Plans_Fire Station 47 HVAC Replacement Project
CONTRACT AGREEMENT
CITY OF NORCO
NORCO FIRE STATION 47 HVAC REPLACEMENT
1. Parties and Date.
This Agreement is made and entered into this 18th day of March, 2026 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 Allison Mechanical Inc., a corporation with its principal place of business at 1968 Essex Court, Redlands, CA 92373 (hereinafter referred to as “Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. Recitals.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provisions of the “Norco Fire Station 47 HVAC Replacement” on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in installing HVAC systems for commercial buildings for public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of the City.
2.2 Project.
The City desires to engage the Contractor to render such services for the “Norco Fire Station 47 HVAC Replacement” (“Project”) as set forth in this Agreement.
3. Terms.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to construct the improvements outlined by the “Norco Fire Station 47 HVAC Replacement” 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 90 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. 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 Community Operations, 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. 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 Mark Allison Vice President, or his designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Project, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Project under this Agreement.
3.2.6 Coordination of Project. Contractor agrees to work closely with City staff in the construction of the Project and shall be available to City’s staff, consultants and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall construct the Project under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to construct the Project. Contractor warrants that all
employees and subcontractors shall have sufficient skill and experience to construct the Project. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to construct the Project, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its subcontractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to construct the Project in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any work on the Project.
3.2.7.1 Period of Performance and Liquidated Damages. Contractor shall perform and complete the Project under this Agreement within the term set forth in Section 3.1.2 above (“Term”). Contractor shall construct the Project in strict accordance with any timeframe provided herein, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Project is not completed within the aforementioned Term and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of $1,000.00 per working day:
3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Project. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.9 Insurance.
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:
$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 involve any lead based, mold or asbestos environmental hazard, either the Automobile Liability insurance policy or the Contractors Pollution Liability insurance policy shall be endorsed to include Transportation Pollution Liability insurance covering materials to be transported by Contractor pursuant to the Contract.
In the event this Contract involves any lead-based environmental hazard (e.g., lead based paint), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for lead based environmental hazards. In the event this Contract involves any asbestos environmental hazard (e.g., asbestos remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for asbestos environmental hazards. In the event this Contract involves any mold environmental hazard (e.g., mold remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for mold environmental hazards and “microbial matter including mold” within the definition of “Pollution” under the policy.
Contractor shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Contractor shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee in his/her sole discretion. At the option of the City Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees and agents; or (ii) Contractor shall provide a financial guarantee, satisfactory to the City Manager or his/her designee in his/her sole discretion, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or self-insured retentions.
All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Contractor shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Contractor shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.
The General Liability and Automobile Liability insurance policies shall be written on an occurrence form. The Contractors Pollution Liability insurance policy shall be written on either an occurrence form, or a claims-made form. The General Liability (including ongoing operations and completed operations), Automobile Liability and Contractors Pollution Liability insurance policies shall name City, its officers, officials, employees and agents as an 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.
(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 procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.11 Bonds.
3.2.11.1 Performance Bond. Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.11.2 Payment Bond. Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-toexceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such 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 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.
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:
Allison Mechanical, Inc.
1968 Essex Court
Redlands, CA 92373
Attention: Mark Allision, Vice President
City:
City of Norco
2870 Clark Avenue
Norco, CA 92860
Attention: Amanda Hamilton, Director of Community
Operations
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 own attorney's fees.
3.5.5 Indemnification. To the furthest extent allowed by law, including California Civil Code section 2782, Contractor shall indemnify, hold harmless and defend City and its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims,
demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Agreement.
Contractor’s obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers.
If Contractor should subcontract all or any portion of the work to be performed under this Agreement, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Agreement.
3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.
3.5.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.9 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.
3.5.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be workdays (Monday through Friday, excluding holidays). All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
3.5.13 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
3.5.15 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
3.5.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services.
3.5.20 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.
Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
Allison Mechanical, Inc.:
*By:
________________________________________________
Signature
________________________________________________
Name and Title
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST BE NOTARIZED OWNER: CITY OF NORCO, a municipal corporation
*By:
________________________________________________
Robin Grundmeyer - Mayor
ATTEST:
________________________________________________
Janet Martinez, Interim City Clerk
APPROVED AS TO FORM:
________________________________________________
Harper and Burns, LLC., City Attorney
EXHIBIT A
NORCO FIRE STATION 47 HVAC REPLACEMENT
The work includes furnishing all materials, equipment, tools, labor, and incidental items necessary to complete the project in accordance with the Plans, Specifications, and Contract Documents.
The general scope for the Norco Fire Station 47 HVAC Replacement includes providing all labor, materials, equipment, and services necessary to remove the existing HVAC system and install a new, high-efficiency system while maintaining continuous station operations.
The contractor shall handle mobilization, permitting, inspections, and as-built documentation, as well as perform testing, adjusting, and balancing (TAB), BIM clash detection, and full commissioning to ensure compliance with design specifications. Work includes selective demolition of roofing for structural modifications, removal of existing HVAC units, ductwork, thermostats, refrigerant and condensate piping, and gas piping. Structural tasks involve installing a new wood beam and equipment platform, reframing roof openings, and repairing roofing penetrations. Plumbing work includes installing new condensate drains, gas shut-off valves, and vibration/seismic controls.
The HVAC scope covers procurement and installation of packaged heat pump units of various capacities, split systems, ductwork, insulation, refrigerant piping, dampers, silencers, sensors, and a new controls system with head-end equipment and CO₂ sensors. Electrical work includes safe-off of existing systems, installation of a new 400A panel and feeder, and all necessary connections, disconnects, and feeders for HVAC equipment, along with seismic bracing, firestopping, and temporary power. Deliverables include as-built drawings, TAB and commissioning reports, O&M manuals, warranties, and staff training. All work must comply with California Building Standards Code, Title 24 Energy Code, and City of Norco requirements, ensuring minimal disruption to the 24-hour operations of this essential facility.
Operational Continuity Requirement
The Contractor acknowledges that Fire Station 47 serves as the City’s Emergency Operations Center (EOC) and houses firefighting personnel for continuous 24-hour operations. Accordingly, the Contractor shall perform all work in a manner that ensures uninterrupted functionality of the facility. When replacing air conditioning units, each unit shall be fully installed, connected, and operational by the end of the same workday in which installation commences. The Contractor shall sequence work, provide adequate staffing, and furnish any necessary temporary conditioning to always maintain acceptable indoor environmental conditions.
Under no circumstances shall the Contractor’s activities impair, delay, or otherwise interfere with the essential operations of the Fire Station. Failure to comply with this requirement shall constitute a material breach of contract and may subject the Contractor to liquidated damages and other remedies as provided in the Contract Documents.
There are 90 working days allowed to complete this project from Notice to Proceed. Please note that Notice to Proceed will be granted in accordance with Special Provision 6-1 with the understanding that Notice to Proceed will coincide with mobilization. Notice to Proceed will not be granted until the procurement schedule for major equipment has been established to the satisfaction of the City Engineer. Liquidated damages may be assessed at $1,000.00 per working day.